{
  "url": "https://openlegislation.uk/london-luton-airport-passenger-transit-system-order-2021/article-3",
  "json_url": "https://openlegislation.uk/london-luton-airport-passenger-transit-system-order-2021/article-3.json",
  "legislation": "uksi/2021/907",
  "legislation_title": "The London Luton Airport Passenger Transit System Order 2021",
  "legislation_url": "https://openlegislation.uk/london-luton-airport-passenger-transit-system-order-2021",
  "path": "article/3",
  "kind": "article",
  "number": "3",
  "heading": "Defence to proceedings in respect of statutory nuisance",
  "text": "(1) Where proceedings are brought under section 82(1) (summary proceedings by persons aggrieved by statutory nuisances) of the Environmental Protection Act 1990 in relation to a nuisance falling within paragraph (g) of section 79(1) (noise emitted from premises so as to be prejudicial to health or a nuisance) of that Act, no order may be made, and no fine may be imposed, under section 82(2) of that Act if the defendant shows that the nuisance is a consequence of the operation or maintenance of the passenger transit system and that it cannot reasonably be avoided.\n(2) Nothing in this article is to be construed as excluding a defence of statutory authority otherwise available under or by virtue of any enactment.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "1990 c. 43. Section 82(1) was amended by paragraph 6 of Schedule 17 to the Environment Act 1995 (c. 25)."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "Section 82(2) was amended by section 5(2) of the Noise and Statutory Nuisance Act 1993 (c. 40) and paragraph 6 of Schedule 17 to the Environment Act 1995."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2021/907/article/3",
    "retrieved_at": "2026-10-28T22:10:10.416099+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}