OpenLegislation

Paragraph 2

Scotland

In section 58 (summary proceedings to deal with noise)—

(a)

in subsection (1), after the word “nuisance” where it first occurs there shall be inserted “ (including without prejudice to the generality of this subsection but subject to subsection (1A) below “road noise”, that is to say noise emitted from or caused by a vehicle, machinery or equipment in a road) ”;

(b)

after subsection (1) there shall be inserted—

“(1A)

Subsection (1) above does not apply to road noise made—

(a)

by traffic;

(b)

by any naval, military or air force of the Crown or by any such body, contingent or detachment of the forces of any country as is a visiting force for the purposes of the M1Visiting Forces Act 1952; or

(c)

by a political demonstration or a demonstration supporting or opposing a cause or campaign.”;

(c)

in subsection (2), after the word “occurred” there shall be inserted “ (and the noise in question is not road noise) ”;

(d)

in subsection (6), in each of paragraphs (b) and (c), for the words “the premises” where they first occur, there shall be substituted “ premises to which the offence relates ”; and

(e)

at the end there shall be added—

“(10)

This section is subject to section 58A of this Act.”.

Annotations

Marginal citations

M1

1952 c. 67.

Notes on Schedule 1

Textual amendments

F1

Sch. 1 repealed (1.4.1996) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117, Sch. 8 para. 7); S.I. 1996/186, art. 3