Statutory Nuisances
(Jersey) Law 1999[1]
A LAW to provide for statutory
nuisances; for procedures for dealing with them; and for connected purposes
Commencement
[see
endnotes]
1 Interpretation
(1) In
this Law, unless the context otherwise requires –
“abatement notice”
has the meaning assigned to it by Article 5(1);
“authorized person”
means any person authorized by the Minister for the purposes of discharging any
or all of the functions contained in this Law;
“best practicable
means” is to be interpreted by reference to the following
provisions –
(a) “practicable”
means reasonably practicable having regard among other things to local
conditions and circumstances, to the current state of technical knowledge and
to the financial implications;
(b) the
means to be employed include the design, installation, maintenance and manner
and periods of operation of plant and machinery, and the design, construction
and maintenance of buildings and structures;
(c) the
test is to apply only so far as compatible with any duty imposed by law;
(d) the
test is to apply only so far as compatible with safety and safe working
conditions, and with the exigencies of any emergency or unforeseeable circumstances;
“chimney”
includes structures or openings of any kind from or through which smoke may be emitted;
“Court” means
the Royal Court;
“dust” does
not include dust emitted from a chimney as an ingredient of smoke;
“equipment”
includes a musical instrument;
“fumes” means
any airborne solid matter smaller than dust;
“gas” includes
vapour and moisture precipitated from vapour;
“industrial,
agricultural, trade or business premises” means premises used for any
industrial, agricultural, trade or business purposes or premises not so used on
which matter is burnt in connection with any industrial, agricultural, trade or
business process, and premises are used for industrial purposes where they are
used for the purposes of any treatment or process as well as where they are
used for the purposes of manufacturing;
“injury to health”
includes any impairment whether permanent or temporary;
“Minister”
means the Minister for the Environment;
“noise”
includes vibration;
“person responsible” –
(a) in
relation to a statutory nuisance, means the person to whose act, default or
sufferance the nuisance is attributable;
(b) in
relation to a vehicle, includes the owner whose vehicle is for the time being
registered under the Motor
Vehicle Registration (Jersey) Law 1993
and any other person who is for the time being the driver of the vehicle;
(c) in
relation to machinery or equipment, includes any person who is for the time
being the operator of the machinery or equipment;
“police officer”
means a member of the Honorary Police or the States of Jersey Police Force;
“prejudicial to
health” means injurious, or likely to cause injury, to health;
“premises”
includes land and any vessel;
“prescribed”
means prescribed by Regulations;
“private dwelling”
means any building, or part of a building, used or intended to be used, as a dwelling;
“smoke”
includes soot, ash, grit, and gritty particles emitted in smoke;
“statutory nuisance”
has the meaning assigned to it by Article 2;
“street” means
any public road, any other road to which the public has access, any of the
roads on the Rue des Près Trading Estate, any bridge over which a road
passes, any road privately maintained and any sea beach;
“water supply”
includes public and private water supplies.[2]
(2) In
this Law, references to premises and the occupier of premises include
respectively a vessel and the master of a vessel.
2 Matters constituting statutory nuisances
(1) Subject
to paragraphs (2) and (3), the following matters constitute
“statutory nuisances” for the purposes of this Law –
(a) any
premises in such a state as to be prejudicial to health or a nuisance;
(b) smoke
emitted from premises so as to be prejudicial to health or a nuisance;
(c) fumes
or gas emitted from premises so as to be prejudicial to health or a nuisance;
(d) light
energy emitted from premises so as to be prejudicial to health or a nuisance;
(e) any
dust, steam, smell, or other effluvia arising on or emanating from industrial,
agricultural, trade or business premises or resulting from processes conducted
on such premises and being prejudicial to health or a nuisance;
(f) any
accumulation or deposit which is prejudicial to health or a nuisance;
(g) any
animal, bird, insect, reptile or fish kept in such a place or manner as to be
prejudicial to health or a nuisance;
(h) noise
emitted from premises so as to be prejudicial to health or a nuisance;
(i) noise
emitted from or caused by a vehicle, machinery or equipment in a street so as
to be prejudicial to health or a nuisance;
(j) any
well, tank, cistern, water-butt or other water supply howsoever constructed
which is used for the supply of water for domestic purposes which is so placed,
constructed or kept or maintained as to render the water therein liable to
contamination prejudicial to health;
(k) any
pond, pool, ditch, gutter or watercourse which is so foul or in such a state as
to be prejudicial to health or a nuisance;
(l) any
tent, van, shed or similar structure used for human habitation
which is in such a state, or so overcrowded, as to be prejudicial to the health
of the inmates, or the use of which, by reason of the absence of proper
sanitary accommodation or otherwise, gives rise, whether on the site or on
other land, to a nuisance or to conditions prejudicial to health;
(m) any other
matter constituting a statutory nuisance by virtue of Regulations made under Article 3.
(2) Paragraph (1)(c)
does not apply in relation to premises other than private dwellings.
(3) Paragraph (1)(h)
does not apply to noise caused by aircraft other than model aircraft.
(4) Paragraph (1)(i)
does not apply to noise made by –
(a) traffic;
(b) any
naval, military or air force of the Crown; or
(c) a
political demonstration or a demonstration supporting or opposing a cause or
campaign.
3 Power to extend statutory nuisances
(1) The
States may by Regulations modify the list of statutory nuisances set out in Article 2.
(2) Regulations
under paragraph (1) may state whether and in what circumstances it shall
be a defence to prove that the best practical means were used to prevent or
counteract the effect of a nuisance so added or amended.
4 Functions of the Minister
(1) The
Minister shall have the powers conferred on him or her by this Law and the duty
to take such steps as are reasonably practical to investigate a complaint of
statutory nuisance made to the Minister.
(2) The
Minister may cause inspections to be made to detect the presence or existence
of any statutory nuisance in respect of which no complaint has been made to him
or her.
5 Proceedings for statutory nuisances
(1) Where
the Minister is satisfied that a statutory nuisance exists, or is likely to
occur or recur, the Minister shall serve a notice (in this Law referred to as
an “abatement notice”) imposing all or any of the following
requirements –
(a) requiring
the abatement of the nuisance or prohibiting or restricting its occurrence or recurrence;
(b) requiring
the execution of such works, and the taking of such other steps, as may be
necessary for any of those purposes.
(2) The
abatement notice shall –
(a) specify
the time or times within which the requirements of the notice are to be
complied with; and
(b) include
a statement –
(i) indicating that
an appeal against the notice lies, and
(ii) specifying
the time within which it must be brought.
(3) Subject
to Article 6(1), the abatement notice shall be served –
(a) except
in a case falling within sub-paragraph (b) or (c), on the person
responsible for the nuisance;
(b) where
the nuisance arises from any defect of a structural character, on the owner of
the premises;
(c) where
the person responsible for the nuisance cannot be found or the nuisance has not
yet occurred, on the owner or occupier of the premises.
(4) If
a person on whom an abatement notice is served, without reasonable excuse,
contravenes or fails to comply with any requirement or prohibition imposed by
the notice, the person shall be guilty of an offence.
(5) Subject
to paragraph (6), a person who commits an offence under paragraph (4)
shall be liable to a fine together with a further fine of level 2 on the
standard scale for each day on which the offence continues after conviction for
that offence.[3]
(6) A
person who commits an offence under paragraph (4) on industrial,
agricultural, trade or business premises shall be liable to a fine.
(7) Subject
to paragraph (8), in any proceedings for an offence under paragraph (4)
in respect of a statutory nuisance, it shall be a defence to prove that the
best practicable means were used to prevent, or to counteract the effects of,
the nuisance.
(8) The
defence under paragraph (7) is not available –
(a) in
the case of a statutory nuisance falling within Article 2(1)(a), (d), (e),
(f), (g) or (h), except where the nuisance arises on industrial, agricultural,
trade or business premises;
(b) in
the case of a statutory nuisance falling within Article 2(1)(i), except
where the noise is emitted from or caused by a vehicle, machinery or equipment
being used for industrial, agricultural, trade or business purposes;
(c) in
the case of a statutory nuisance falling within Article 2(1)(b), except
where the smoke is emitted from a chimney; and
(d) in
the case of a statutory nuisance falling within Article 2(1)(c).
6 Abatement notice in respect of noise in street
(1) In
the case of a statutory nuisance within Article 2(1)(i) that –
(a) has
not yet occurred; or
(b) arises
from noise emitted from or caused by an unattended vehicle or unattended
machinery or equipment,
the abatement notice shall
be served in accordance with paragraph (2).
(2) The
notice shall be served –
(a) where
the person responsible for the vehicle, machinery or equipment can be found, on
that person;
(b) where
that person cannot be found or where the Minister determines that this paragraph
should apply, by fixing the notice to the vehicle, machinery
or equipment.
(3) Where –
(a) an
abatement notice is served in accordance with paragraph (2)(b) by virtue
of a determination of the Minister; and
(b) the
person responsible for the vehicle, machinery or equipment can be found and
served with a copy of the notice within an hour of the notice being fixed to
the vehicle, machinery or equipment,
a copy of the notice shall
be served on that person accordingly.
(4) Where
an abatement notice is served in accordance with paragraph (2)(b) by
virtue of a determination of the Minister, the notice shall state that, if a
copy of the notice is subsequently served under paragraph (3), the time
specified in the notice as the time within which its requirements are to be
complied with is extended by such further period as is specified in the notice.
(5) Where
an abatement notice is served in accordance with paragraph (2)(b), the
person responsible for the vehicle, machinery or equipment may appeal against
the notice as if the person had been served with the notice on the date on
which it was fixed to the vehicle, machinery or
equipment.
(6) Article 5(4)
shall apply in relation to a person on whom a copy of an abatement notice is
served under paragraph (3) as if the copy were the notice itself.
(7) A
person who removes or interferes with a notice fixed to a vehicle, machinery or equipment in accordance with paragraph (2)(b)
shall be guilty of an offence, unless the person is the person responsible for
the vehicle, machinery or equipment or the person does so with the authority of
that person.
(8) A
person who commits an offence under paragraph (7) shall be liable to a
fine not exceeding level 2 on the standard scale.
7 Supplementary provisions
(1) Subject
to paragraph (2), where more than one person is responsible for a
statutory nuisance, Article 5 shall apply to each of those persons whether or not what any of them is responsible for would by
itself amount to a nuisance.
(2) In
relation to a statutory nuisance within Article 2(1)(i) for which more
than one person is responsible (whether or not what
any one of those persons is responsible for would by itself amount to such a
nuisance), Article 5(3)(a) shall apply with the substitution of “any
one of the persons” for “the person”.
(3) In
relation to a statutory nuisance within Article 2(1)(i) caused by noise
emitted from or caused by an unattended vehicle or unattended machinery or
equipment for which more than one person is responsible, Article 6 shall
apply with the substitution –
(a) in paragraph (2)(a),
of “any one of the persons” for “the person” and of
“one such person” for “that person”;
(b) in paragraph (2)(b),
of “such a person” for “that person”;
(c) in paragraph (3),
of “any of the persons” for “the person” and of
“one such person” for “that person”;
(d) in paragraph (5),
of “any person” for “the person”; and
(e) in paragraph (7),
of “a person” for “the person” and of “such a
person” for “that person”.
(4) Where
an abatement notice has not been complied with, the Minister may, whether or not proceedings are taken for an offence under Article 5(4),
abate the nuisance and do whatever may be necessary in execution of the notice.
(5) Any
expenses reasonably incurred by the Minister in abating, or preventing the
recurrence of, a statutory nuisance under paragraph (4) shall be
recoverable as a civil debt from the person or persons by whose act or default
the nuisance was caused, and the Court may apportion expenses between persons
by whose acts or defaults the nuisance is caused, in such manner as the Court
considers fair and reasonable.
(6) If
the Minister is of the opinion that proceedings for an offence under Article 5(4)
would afford an inadequate remedy in the case of any statutory nuisance, the
Minister may take proceedings in the Court for the purpose of securing the
abatement, prohibition or restriction of the nuisance, and the proceedings shall
be maintainable notwithstanding that the public has suffered no damage from the
nuisance.
8 Proceedings by persons aggrieved by statutory nuisances committed by
the Minister
(1) The
Court may act under this Article on a representation made by any person on the
ground that the person is aggrieved by the existence of a statutory nuisance
for which the Minister is responsible.
(2) If
the Court is satisfied that the alleged nuisance exists, or that although
abated it is likely to recur on the same premises or, in the case of a nuisance
within Article 2(1)(i), in the same street, the Court may make an order
for either or both of the following purposes –
(a) requiring
the Minister to abate the nuisance, within a time specified in the order, and
to execute any works necessary for that purpose;
(b) prohibiting
a recurrence of the nuisance, and requiring the Minister, within a time
specified in the order, to execute any works necessary to prevent the
recurrence.
(3) If
the Court is satisfied that the alleged nuisance exists and is such as, in the
opinion of the Court, to render premises unfit for human habitation, an order
under paragraph (2) may prohibit the use of the premises for human
habitation until the premises are, to the satisfaction of the Court, rendered
fit for that purpose.
9 Appeals and compensation
(1) A
person aggrieved by the service of an abatement notice has a right of appeal in
the manner and on a ground set out in the Schedule and the Schedule shall have
effect with regard to such appeals.
(2) Where,
pursuant to an appeal under this Article, an abatement notice is cancelled or
modified, the Court shall have power to award compensation to the appellant.
10 Powers of entry to premises etc.
(1) Subject
to paragraph (2), any authorized person may, on production, if so
required, of the person’s authority, enter any premises at any reasonable
time –
(a) if the
authorized person suspects, on reasonable grounds, that a statutory nuisance
exists or will exist on those premises;
(b) for
the purpose of taking any action, or executing any work, authorized
or required by this Law.
(2) Admission
by virtue of paragraph (1) to any premises used wholly or mainly for
residential purposes shall not except in an emergency be demanded as of right
unless 24 hours notice of the intended entry has been given to the occupier.
(3) If
it is shown to the satisfaction of the Bailiff by information on oath
that –
(a) admission
to any premises has been refused, or that refusal is apprehended, or that the
premises are unoccupied or that the occupier is temporarily absent, or that the
case is one of emergency, or that an application for admission would defeat the
object of the entry; and
(b) there
is reasonable ground for entry into the premises for the purpose for which
entry is required,
the Bailiff may issue a
warrant under this Article authorizing the Minister by any authorized person to
enter the premises, if need be by force.
(4) An
authorized person entering any premises by virtue of paragraph (1) or a
warrant under paragraph (3) may –
(a) take
with the authorized person such other person and such equipment as the
authorized person considers necessary;
(b) carry
out such inspections, measurements and tests as the authorized person considers
necessary for the discharge of any of the Minister’s functions under this
Law; and
(c) take
away such samples or articles as the authorized person considers necessary for
that purpose.
(5) On
leaving any unoccupied premises which the authorized person has entered by
virtue of paragraph (1) or a warrant under paragraph (3) the
authorized person shall leave them as effectively secured against unauthorized
entry as the authorized person found them.
(6) A
warrant issued in pursuance of paragraph (3) shall continue in force until
the purpose for which the entry is required has been satisfied.
(7) Any
reference in this Article to an emergency is a reference to a case where the
person requiring entry has reasonable cause to believe that circumstances exist
which are likely to endanger life or health and that immediate entry is
necessary to verify the existence of those circumstances or to ascertain their
cause and effect a remedy.
11 Powers of entry to vehicles, machinery or
equipment
(1) Any
authorized person may, on production, if so required, of the authorized
person’s authority –
(a) enter
or open a vehicle, machinery or equipment, if necessary
by force; or
(b) remove
a vehicle, machinery or equipment from a street to a
secure place,
for the purpose of taking
any action, or executing any work, authorized by or
required under this Law in relation to a statutory nuisance within Article 2(1)(i)
caused by noise emitted from or caused by the vehicle, machinery or equipment.
(2) Subject
to paragraph (3), on leaving any unattended vehicle, machinery
or equipment that the authorized person has entered or opened under paragraph (1),
the authorized person shall leave it secured against interference or theft in
such a manner and as effectually as the authorized person found it.
(3) If
the authorized person is unable to comply with paragraph (2), the
authorized person shall for the purpose of securing the unattended vehicle, machinery or equipment either –
(a) immobilise
it by such means as the authorized person considers expedient; or
(b) remove
it from the street to a secure place.
(4) In
carrying out any function under paragraph (1), (2) or (3), the authorized
person shall not cause more damage than is necessary.
(5) Before
a vehicle, machinery or equipment is entered, opened
or removed under paragraph (1), the Minister shall notify a police officer
of the intention to take action under that paragraph.
(6) After
a vehicle, machinery or equipment has been removed under paragraph (1) or (3),
the Minister shall notify a police officer of its removal and current location.
(7) For
the purposes of Article 7(5), any expenses reasonably incurred by the
Minister under paragraph (2) or (3) shall be treated as incurred by the
Minister under Article 7(4) in abating or preventing the recurrence of the
statutory nuisance in question.
12 Offences relating to entry
(1) A
person who wilfully obstructs any person acting in the exercise of any powers
conferred by Article 10 or 11 shall be guilty of an offence and liable to
a fine not exceeding level 3 on the standard scale.
(2) If
a person discloses any information relating to any trade secret obtained in the
exercise of any powers conferred by Article 10 or 11, the person shall,
unless the disclosure was made in the performance of the person’s duty,
or with the consent of the person having the right to disclose the information,
be guilty of an offence and liable to a fine.[4]
13 Criminal liability of officers; aiders and abettors
(1) Where
an offence under this Law committed by a company is proved to have been
committed with the consent or connivance of, or to be attributable to any
neglect on the part of, any director, manager, secretary, or other similar
officer of the company or any person who was purporting to act in any such
capacity, he or she, as well as the company, shall be
guilty of that offence and shall be liable to be prosecuted and punished
accordingly.
(2) Without
prejudice to paragraph (1), any person who knowingly and wilfully aids,
abets, counsels, causes, procures or commands the
commission of an offence under this Law shall be liable to be dealt with, tried
and punished as a principal offender.
14 Rules of Court
Rules may be made in the
manner prescribed by the Royal
Court (Jersey) Law 1948 to make such
provision as appears to the Superior Number of the Royal Court to be necessary
or expedient for the purposes of this Law.
15 Orders
(1) The
Minister may make Orders for any purpose for which Orders may be made under
this Law and generally for the purposes of carrying this Law into effect.
(2) [5]
16 General provisions as to Regulations and Orders
Except insofar as this
Law otherwise provides, any power conferred by it to make any Regulations or
Order may be exercised –
(a) either
in relation to all cases to which the power extends, or in relation to all
those cases subject to specified exceptions, or in relation to any specified
cases or classes of case; and
(b) so as to make in relation to the cases in relation to which
it is exercised –
(i) the
full provision to which the power extends or any less provision (whether by way
of exception or otherwise),
(ii) the
same provision for all cases in relation to which the power is exercised or
different provisions for different cases or classes of case, or different
provisions as respects the same case or class of case for different purposes of
this Law, or
(iii) any
such provision either unconditionally or subject to any specified conditions.
17 Service of notices
(1) This
Article shall have effect in relation to any notice or other document required
or authorized by or under this Law to be given to or served on any person.
(2) Any
such document may be given to or served on the person in question –
(a) by
delivering it to the person;
(b) by
leaving it at the person’s proper address; or
(c) by
sending it by post to the person at that address.
(3) Any
such document may –
(a) in
the case of a company, be given to or served on the secretary, clerk or other
similar officer of the company or any person who purports to act in any such
capacity, by whatever name called;
(b) in
the case of a partnership, be given to or served on a partner or a person
having the control or management of the partnership business.
(4) For
the purposes of this Article and Article 7 of the Interpretation
(Jersey) Law 1954 in its application to this Article, the
proper address of any person to or on whom a document is to be given or served
shall be the person’s last known address, except that –
(a) in
the case of a company or its secretary, clerk or other officer or person
referred to in paragraph (3)(a), it shall be the address of the registered
or principal office of the company;
(b) in
the case of a partnership or a person having the control or management of the
partnership business, it shall be that of the principal office of the
partnership,
and for the purposes of
this paragraph the principal office of a company registered outside Jersey or
of a partnership carrying on business outside Jersey shall be their principal
office within Jersey.
(5) If
the person to be given or served with any document mentioned in paragraph (1)
has specified an address within Jersey other than the person’s proper
address within the meaning of paragraph (4) as the one at which the person
or someone on the person’s behalf will accept documents of the same
description as that document, that address shall also be treated for the
purposes of this Article and Article 7 of the Interpretation
(Jersey) Law 1954 as the person’s proper address.
18 Saving provisions
This Law shall be in
addition to and not in derogation of –
(a) the
Loi
(1934) sur la Santé Publique; and
(b) any
other law relating to public health.
19 Citation
This Law may be cited as
the Statutory Nuisances (Jersey) Law 1999.
SCHEDULE
(Article 9)
APPEALS
(1) A
person served with an abatement notice under Article 5 may appeal against
the notice to the Court within the period of 21 days beginning with the day on
which the person was served the notice.
(2) A
person referred to in paragraph (1) may appeal on any one or more of the
grounds set out in paragraph (3) that are appropriate in the circumstances
of the particular case.
(3) The
grounds referred to in paragraph (2) are –
(a) that
the abatement notice is not justified by Article 5;
(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 Article 6(3);
(c) that
the Minister has 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) is a nuisance
falling within Article 2(1)(a), (d), (e), (f), (g) or (h) and arises on
industrial, agricultural, trade or business premises,
(ii) is
a nuisance falling within Article 2(1)(b) and the smoke is emitted from a
chimney, or
(iii) is a
nuisance falling within Article 2(1)(i) and is noise emitted from or
caused by a vehicle, machinery or equipment being used for industrial,
agricultural, trade or business purposes,
that the best
practicable means were used to prevent, or to counteract the effects of, the nuisance;
(f) that
the abatement notice should have been served on some person instead of the
appellant, being –
(i) the person
responsible for the nuisance,
(ii) the
person responsible for the vehicle, machinery or
equipment,
(iii) in
the case of a nuisance arising from any defect of a structural character, the
owner of the premises, or
(iv) in
the case where the person responsible for the nuisance cannot be found or the
nuisance has not yet occurred, the owner or occupier of the premises;
(g) that
the abatement notice might lawfully have been served on some person instead of
the appellant being –
(i) in the case where
the appellant is the owner of the premises, the occupier of the premises, or
(ii) in
the case where the appellant is the occupier of the premises, the owner of the
premises,
and that it would have
been equitable for it to have been so served;
(h) that
the abatement notice might lawfully have been served on some person in addition
to the appellant, being –
(i) a person also
responsible for the nuisance,
(ii) a
person who is also owner of the premises,
(iii) a
person who is also an occupier of the premises, or
(iv) a
person who is also the person responsible for the vehicle, machinery
or equipment,
and that it would have
been equitable for it to have been so served.
(4) If
and so far as an appeal is based on the ground of some informality, defect or error in, or in connection with, the abatement
notice, or in, or in connection with, any copy of the notice served under Article 6(3),
the Court shall dismiss the appeal if it is satisfied that the informality,
defect or error was not a material one.
(5) Where
the grounds upon which an appeal is brought include a ground specified in paragraph (3)(g)
or (h), the appellant shall serve a copy of the appellant’s notice of
appeal on any other person referred to, and in the case of any appeal to which
these regulations apply the appellant may serve a copy of the appellant’s
notice of appeal on any other person having an estate or interest in the
premises, vehicle, machinery or equipment in question.
(6) On
the hearing of the appeal the Court may –
(a) quash
the abatement notice to which the appeal relates;
(b) vary
the abatement notice in favour of the appellant in such manner as it thinks
fit; or
(c) dismiss
the appeal,
and an abatement notice
that is varied under sub-paragraph (b) shall be final and shall otherwise
have effect, as so varied, as if it had been so made by the Minister.
(7) Subject
to paragraph (8), on the hearing of an appeal the Court may make such
order as it thinks fit –
(a) with
respect to the person by whom any work is to be executed and the contribution
to be made by any person towards the cost of the work; or
(b) as to
the proportions in which any expenses which may become recoverable by the
Minister under the Law are to be borne by the appellant and by any other
person.
(8) In
exercising its powers under paragraph (7) the Court –
(a) shall
have regard, as between an owner and an occupier, to the terms and conditions
of any relevant tenancy and to the nature of the works required; and
(b) shall
be satisfied before it imposes any requirement thereunder on any person other
than the appellant, that that person has received a copy of the notice of
appeal in pursuance of paragraph (5).
(9) Where –
(a) an
appeal is brought against an abatement notice served under Article 5 or 6;
(b) either –
(i) compliance with
the abatement notice would involve any person in expenditure on the carrying
out of works before the hearing of the appeal, or
(ii) in
the case of a nuisance under Article 2(1)(h), the noise to which the
abatement notice relates is noise necessarily caused in the
course of the performance of some duty imposed by law on the appellant;
and
(c) either
paragraph (10) does not apply, or it does apply but the requirements of paragraph (11)
have not been met,
the abatement notice shall
be suspended until the appeal has been abandoned or decided by the Court.
(10) This
paragraph applies where –
(a) the
nuisance to which the abatement notice relates –
(i) is injurious to
health, or
(ii) is
likely to be of a limited duration such that suspension of the notice would
render it of no practical effect; or
(b) the
expenditure which would be incurred by any person in the carrying out of works
in compliance with the abatement notice before any appeal has been decided
would not be disproportionate to the public benefit to be expected in that
period from such compliance.
(11) Where
paragraph (10) applies the abatement notice –
(a) shall
include a statement that paragraph (10) applies, and that as a consequence it shall have effect notwithstanding any
appeal to the Court which has not been decided by the Court; and
(b) shall
include a statement as to which of the grounds set out in paragraph (10)
apply.