Regulation 10
Subject to paragraph (2) of this regulation, where an appeal is brought against a notice served under section 58, 60, or 66 and—
the noise to which the notice relates is noise caused in the course of the performance of some duty imposed by law on the appellant, or
compliance with the notice would involve any person in expenditure on the carrying out of works before the hearing of the appeal,
the notice shall be suspended until the appeal has been abandoned or decided by the court.
A notice to which this regulation applies shall not be suspended if in the opinion of the local authority—
the noise to which the notice relates—
is injurious to health, or
is likely to be of a limited duration such that suspension of the notice would render the notice of no practical effect, or
the expenditure which would be incurred by any person in the carrying out of works in compliance with the notice before any appeal has been decided would not be disproportionate to the public benefit to be expected in that period from such compliance,
and the notice includes a statement that it shall have effect notwithstanding any appeal to a magistrates' court which has not been decided by the court.
Save as provided in this regulation a notice under Part III of the Act shall not be suspended by reason only of the bringing of an appeal to a magistrates' court or the Secretary of State.