Noise and statutory nuisance

This page provides links to the full text of key pieces of Noise and Nuisance environmental legislation that may affect your business in Scotland. The websites hosting the legislation may list amendments separately.

If you are setting up an environmental management system (EMS) for your business, you can use this list to start compiling your legal register. Your legal adviser or environmental consultant will be able to tell you if other environmental legislation applies to your specific business.

Environmental management systems and environmental reports

Civic Government (Scotland) Act 1982 (not available online)
Sets out licensing arrangements for certain business activities eg taxis, car dealers, metal dealers and street traders including wheelie bin jetting/cleaning operations.

Control of Pollution Act 1974 40 Part III

Sets out local councils' duty to inspect and exercise powers concerning noise abatement zones, and the process for dealing with excess noise and noise from construction sites.

Control of Noise (Codes of Practice for Construction and Open Sites) (Scotland) Order 2002 SSI 104

Approves four British Standards Institution codes of practice for appropriate methods of minimising noise and vibration from construction and open sites in Scotland.

Town and Country Planning (Control of Advertisement)(Scotland)Regulations 1984 as amended in 2014

The Town and Country Planning (Control of Advertisements) (Scotland) Amendment Regulations 2014

These Regulations amend the Town and Country Planning (Control of Advertisements) (Scotland) Regulations 1984. These introduce powers to serve stop notices in respect of enforcement action taken where there is a breach of the 1984 Regulations and make it an offence to fail to comply with an enforcement notice or stop notice.

Environment Act 1995

Establishes the Environment Agency and SEPA as the regulatory bodies for contaminated land, control of pollution, conservation or enhancement of the environment and fisheries.

Environmental Protection Act 1990

Establishes in England, Scotland and Wales the structure and authority for waste management and control of emissions into the environment.

The Environment and Trade in Animals and Related Products (EU Exit) (Scotland) (Miscellaneous Amendment) Regulations 2022

These Regulations make changes to Scottish legislation, as a result of the EU Exit, relating to the water environment, flood risk management, noise pollution control, air quality and animal health. The Regulations came into force on 01 June 2022.

Household Appliances (Noise Emission) Regulations 1990 SI 161

Sets airborne noise levels for appliances and bans the marketing of appliances that do not conform to these standards.

Household Appliances (Noise Emission) (Amendment) Regulations 1994 SI 1386

Amends 1990/161 to ban the marketing of household appliances that do not conform to specified airborne noise standards.

The Litter (Fixed Penalties) (Scotland) Order 2013 No 315

This Order increases the fixed penalty under section 33A of the EPA 1990 from £50 to £200, and the fixed penalty under section 88 from £50 to £80.

Noise and Statutory Nuisance Act 1993

Sets measures for street noise, operating loudspeakers in a street, intruder alarms and covers local council expenses for abating or preventing nuisance from recurring.

Noise Emission in the Environment by Equipment for Use Outdoors Regulations 2001 SI 1701

Establishes maximum noise levels for equipment used outdoors, mainly in construction and land maintenance, such as generators, lawn mowers, compaction machines and concrete breakers.

Noise Emission in the Environment by Equipment for Use Outdoors (Amendment) Regulations 2001 SI 3958

Amends 2001/1701 to clarify that the regulations apply to the sound power level of equipment.

Noise Emission in the Environment by Equipment for Use Outdoors (Amendment) Regulations 2005 SI 3525

Amends 2001/1701 to set out the sound power limits for various categories of equipment.

The Noise Emission in the Environment by Equipment for use Outdoors (Amendment) Regulations 2015

This amends the 2001 regulations with respect to the provision of data and the enforcement of the regulations.

Road Vehicles (Construction and Use) (Amendment) Regulations 2010 SI 312

Amends SI 1986/1078 by adding regulations which require that tyres fitted to certain vehicles are marked with an S mark to show that they comply with the noise emission requirements of Directive 92/23/EEC as amended by Directive 2001/43/EC.