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41
LONDON COUNTY COUNCIL (GENERAL POWERS) ACT 1960
This Act which received the Royal Assent on the 29th July, provides
metropolitan borough councils with inter alia the following additional powers: -
SECTION 14 (Dust nuisances). Section 82 of the Public Health (London) Act,
1936 shall be read and have effect as if -
(a) at the end of subsection (1) thereof there were added the following
paragraph:-
"(e) any dust or other airborne particles caused by any trade
business process or manufacture and being a nuisance or injurious
or dangerous to health";
(b) after subsection (2) thereof there were inserted the following
subsections:-
"(2A) Nothing in paragraph (e) of subsection (1) of this section
shall render a person punishable in respect of any dust or
other airborne particles if the court is satisfied that having
regard to cost and to local conditions and circumstances the
best practicable means have been taken for preventing or for
counteracting the effect of such dust or airborne particles,
(2B) A sanitary authority or other complainant shall not
without the consent of the Minister institute proceedings under
this Act in respect of any such nuisance as is mentioned in
paragraph (e) of subsection (1) of this section if proceedings
in respect thereof might be instituted under the Alkali &c
Works Regulation Act, 1906, "
SECTION 15 (Provision of life-saving appliances) A borough council may
provide and maintain life saving appliances at such places in the borough
(whether places used for bathing or not) as they think fit
NOISE ABATEMENT ACT, 1960
This Act which makes provisions in respect of the control of noise and
vibration with a view to their abatement, received the Royal Assent on the 27th
October, and came into operation on the 27th November.
SECTION 1 (Noise or vibration nuisances) amends Section 66 of the London
County Council (General Powers) Act, 1937 (which provides that any excessive or
unreasonable or unnecessary noise which is injurious or dangerous to health
shall be a noise nuisance which may be dealt with summarily under the Public
Health (London) Act, 1936), as follows:-
(1) A noise nuisance shall be a nuisance which may be dealt with
summarily under the Act of 1936:
Provided that no complaint to a petty sessional court under paragraph 20
of the Fifth Schedule to the Act of 1936 (which enables a person other than a
sanitary authority to make complaint to a petty sessional court) in respect of
a noise nuisance shall be of any effect unless it is made by not less than
three persons each of whom is the occupier of land or premises and is in that
capacity aggrieved by the nuisance.
(2) In any proceedings under the Act of 1936 in respect of a noise
nuisance occasioned in the course of any trade business or occupation it shall
be a good defence for the person charged to show that he has used the best
Practicable means of preventing or mitigating the nuisance having regard to the
cost and to other relevant circumstances.