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A Manual of Environmental Protection Law: The Pollution Control Functions of the Environment Agency and SEPA

By: Michael Fry | Book details

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The Statutory Nuisance (Appeals) (Scotland) Regulations 1996
S.I. 1996 No. 1076 (S.116)
The Secretary of State, in exercise of the powers conferred on him by paragraph 1A(3) of Schedule 3 to the Environmental Protection Act 1990,1sections 70(2) and (3) and 104(1) of the Control of Pollution Act 19742 and of all other powers enabling him in that behalf, hereby makes the following Regulations:
Citation, commencement, interpretation and extent

1. (1) These Regulations may be cited as the Statutory Nuisance (Appeals) ( Scotland) Regulations 1996, shall come into force on 2nd May 1996 and shall extend to Scotland only. (2) In these Regulations--

"the 1974 Act" means the Control of Pollution Act 1974;3
"the 1990 Act" means the Environmental Protection Act 1990; and
"the 1993 Act" means the Noise and Statutory Nuisance Act 1993.4
Appeals under section 80(3) of the 1990 Act

2. (1) The provisions of this regulation apply in relation to an appeal brought by any person under section 80(3) of the 1990 Act5 (appeals to the sheriff) against an abatement notice served upon him by a local authority.6

(2) The grounds on which a person served with such notice may appeal under section 80(3) of the 1990 Act are such one or more of the following grounds as are appropriate in the circumstances of the particular case:--

a. that the abatement notice is not justified by section 80 of the 1990 Act (summary proceedings for statutory nuisances);
b. that there has been some informality, defect or error in, or in connection with, the abatement notice, or in, or in connection with, any copy of the abatement notice served under section 80A(3) of the 1990 Act7 (certain notices in respect of vehicles, machinery or equipment);
c. that the authority have refused unreasonably to accept compliance with alternative requirements, or that the requirements of the abatement notice are otherwise unreasonable in character or extent, or are unnecessary;
d. that the time or, where more than one time is specified, any of the times, within which the requirements of the abatement notice are to be complied with is not reasonably sufficient for the purpose;
e. where the nuisance to which the notice relates--
i. (i) is a nuisance falling within section 79(1) (a), (d), (e), (f) or (g) of the 1990 Act8 and arises on industrial, trade, or business premises; or
____________________
1
P.225 above.
2
P.60 above.
3
1974 c.40.
4
1993 c.40.
5
P.191 above.
6
"Local authority" defined by s.79(7), (8) of the 1990 Act, p.188 above.
7
P.192 above.
8
P.187 above; s.79(7) defined terms used in this paragraph.

-793-

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