Week 17: Nuisance 2 Flashcards
What does Part III of the Environmental Protection Act 1990 deal with?
Part III of the EPA 1990 deals with statutory nuisance, including those that are prejudicial to health or a nuisance, reflecting many common law nuisances.
What does s79 of the EPA 1990 define?
Section 79 of the EPA 1990 defines statutory nuisances, including things prejudicial to health or a nuisance such as smoke, fumes, dust, noise, and more.
What is the local authority’s duty under s79(1) of the EPA 1990?
Under s79(1), local authorities have a duty to inspect their areas for statutory nuisances.
What can local authorities do under s80(1) of the EPA 1990?
Under s80(1), if a nuisance exists or is likely to recur, a local authority may serve an abatement notice.
Who can receive an abatement notice under s80(2) of the EPA 1990?
An abatement notice can be served on the person responsible, or the owner or occupier of the premises.
What is the penalty for failing to comply with an abatement notice under the EPA 1990?
Non-compliance with an abatement notice is an offence under s80(4), punishable by fines (up to £40,000 for businesses) and daily penalties.
What is a possible defence to statutory nuisance under s80(7) of the EPA 1990?
Under s80(7), the defence of using the “best practicable means” may be available.
Can individuals bring statutory nuisance actions themselves under the EPA 1990?
Yes, under s82, individuals can apply directly to the Sheriff Court about a statutory nuisance.
What are examples of statutory nuisances listed in s79(1)(a)-(h) of the EPA 1990?
Examples include:
Premises in poor condition (a)
Smoke, fumes, dust, smells (b-d)
Accumulations or deposits (e)
Animals or insects kept improperly (f, faa)
Artificial light (fba)
Noise from premises, vehicles, or machinery (g, ga)
What are Anti-Social Behaviour Orders (ASBOs) under the Anti-Social Behaviour (Scotland) Act 2004?
ASBOs are civil orders for anti-social conduct that may involve criminal behaviour but do not result in a criminal record; they can be served on anyone over 12, and if under 16, there must be a referral to a children’s hearing.
What happens if someone fails to comply with an ASBO under the Anti-Social Behaviour (Scotland) Act 2004?
Failure to comply with an ASBO is a criminal offence.
Can ASBOs or notices under the Anti-Social Behaviour (Scotland) Act 2004 be appealed?
Yes, ASBOs and anti-social behaviour notices can be appealed.
What does Part 7 of the Anti-Social Behaviour (Scotland) Act 2004 provide for in relation to housing?
Part 7 allows for anti-social behaviour notices to be served on landlords, including holiday lets, and may lead to management control orders that transfer landlord powers to the local authority.
What is the purpose of Part 8 of the Anti-Social Behaviour (Scotland) Act 2004?
Part 8 provides for the registration of certain landlords to improve housing standards and control anti-social conduct.
What additional powers are introduced in Part 4 of the Anti-Social Behaviour (Scotland) Act 2004?
Part 4 allows for the closure of premises in specific circumstances linked to anti-social behaviour.
What noise control powers are given to local authorities in Part 5 of the Act?
Under Part 5, local authorities can introduce noise control provisions, investigate complaints (s43), and issue warning notices (s44), with fixed penalty notices (£100) (s46) and power to remove equipment (s47).
How is noise assessed under the Anti-Social Behaviour (Scotland) Act 2004?
Noise is assessed against a “permitted level” under s48.
What is the Public Health (Scotland) Act 2008 and what does it do?
The Public Health (Scotland) Act 2008 is a significant public health statute that amends and adds to the EPA 1990, including provisions on notifiable diseases, investigations, and statutory nuisance (Part 9).
What does Part 9 of the Public Health (Scotland) Act 2008 cover?
Part 9 expands statutory nuisance law by adding insects from premises (s109), artificial light (s110), and land covered by water (s111) as nuisances.
Can the scope of statutory nuisances under the Public Health (Scotland) Act 2008 be changed?
Yes, under s112, Scottish Ministers may vary or add to statutory nuisance provisions.
What enforcement powers are included in the Public Health (Scotland) Act 2008?
Section 113 allows fixed penalty notices to avoid conviction, and s115 gives local authorities powers to address sewerage nuisance.
What is the purpose of moving nuisance from private to public law under the EPA 1990 and PH(S)A 2008?
It shifts enforcement from individuals to public authorities, ensuring nuisance issues can be addressed even when victims lack resources.
Can individuals take action if the local authority fails to act on a statutory nuisance?
Yes, under the EPA 1990 and PH(S)A 2008, an individual can apply to the Sheriff Court, which is unusual in public law regimes.
What types of premises can be involved in a statutory nuisance under the PH(S)A 2008?
Statutory nuisance can arise from domestic or commercial premises, depending on the activity and context.
What happens if a statutory nuisance notice is breached?
Breach of a statutory nuisance notice is a criminal offence under the EPA 1990 and PH(S)A 2008.
Are appeals possible under the Public Health (Scotland) Act 2008 statutory nuisance regime?
Yes, there are always appeal rights against nuisance notices under public health legislation.
When might an ASBO be used instead of a nuisance action?
An ASBO under the 2004 Act may be more appropriate where the behaviour involves broader anti-social conduct rather than a traditional nuisance.
