The Scottish Executive Antisocial Behaviour Act, which includes noise issues, received Royal Assent on 26 July 2004.
Neighbourhood Noise is included in Part 5 of the Act. The provisions of Part 5 are enabling and flexible and came into force on 28 February 2005. The provisions include:
- Up to a 24 hour a day Noise Service for Local Authorities to adopt as they wish, or for any period within the week deemed appropriate.
- A fixed Penalty Notice (FPNs) system for noise offences within domestic dwellings.
- Powers to issue FPNs to be given to police constables and authorised officers of local authorities.
- Enforcement of the non payment of FPNs by local authorities proceeding with prosecution through the Procurator Fiscals office.
- Extending powers to local authority officials to seize noise making equipment.
- Financial support to local authorities adopting the noise service.
The Scottish Executive commissioned a feasibility study to determine noise levels for enforcement purposes. This report identified the permitted levels appropriate for the different time of the day. In any case where the underlying level of noise does not exceed 31dB between the hours of 0700 - 19:00 (day), 27 dB between the hours of 19:00 - 23:00 (evening) and 21dB between the hours of 23:00 - 07:00 (night), the permitted level shall be 41dB, 37dB and 31dB for each of the noise control periods respectively. In any case where the underlying level of noise exceeds 31dB, 27dB and 21dB for day, evening and night time noise control periods respectively, the permitted level shall be 10dB in excess of that underlying level.
The Scottish Executive has produced guidance in respect of the Antisocial Behaviour Act and it is envisage that the final draft of the Noise Management Guide will also include the Act.
Further information on Antisocial Behaviour in Scotland, including Antisocial Noise is available from the Antisocial behaviour website www.antisocialbehaviourscotland.com
The Institute of Acoustics and the Royal Environmental Health Institute of Scotland (REHIS) are now running a new internal noise measuring training course for Local Authority Authorised Officers and the Police. For further information please contact Duncan McNab on 0131 244 0393 or email duncan.mcnab@scotland.gsi.gov.uk.
On 16 - 18 November 2005 the annual REHIS conference took place at Perth Concert Hall. During this conference the Scottish Executive gave a presentation regarding the current position on the Antisocial Behaviour etc (Scotland) Act 2004 noise provisions. The presentation included the dates Local Authorities commenced using the provisions of the Act and statistics regarding the number of complaints received and the number of warning and fixed penalty notices issued since the service began.
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