Nuisance provisions of the Public Health etc (Scotland) Act 2008: guidance

EXECUTIVE SUMMARY

This document is provided to assist in the application of the new Statutory Nuisance provisions contained in the Public Health etc (Scotland) Act 2008. It should be read in conjunction with the Environmental Protection Act 1990 and Part 9 of the Public Health etc Scotland) Act 2008.

The new provisions in Part 9 of the Public Health etc (Scotland) Act 2008 are:

• Include insect nuisance, artificial light pollution and nuisance associated with water as statutory nuisances in line with legislation in England and Wales;
• Introduce a regulation-making power to amend the statutory nuisance regime in the future;
• Introduce a new fixed penalty regime for non-compliance with an abatement notice served under s80 of the Environmental Protection Act 1990;
• Amend the Water Services etc. (Scotland) Act 2005 in relation to sewerage nuisance

This document is primarily procedural advice for the attention of the Environmental Health Officers and other local authority officials who investigate Statutory Nuisance complaints.

It provides procedural advice on the provisions of Part 9 of the Public Health etc (Scotland) Act 2008, which are scheduled for commencement on 26th January 2009.

It also provides procedural guidance on existing Statutory Nuisance provisions within the Environmental Protection Act 1990 and on other matters which raise similar issues to statutory nuisances but which are dealt with by other existing legislation.

This document also includes examples of case law that are for illustrative purposes only and should not be construed as legal advice. Application of the legal provisions should be on a case-by-case basis and local authorities are advised to consult their own legal advisors.