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Statutory Nuisance

Various Acts of Parliament have covered statutory nuisances, but Part III of the Environmental Protection Act 1990, as amended, contains the main legislation on Statutory Nuisance. Subject to certain exclusions nuisance can be defined as follows:

   (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 gases emitted from premises so as to be prejudicial to health or a nuisance;

   (d) any dust, steam, smell or other effluvia arising on industrial, trade or business premises and being prejudicial to health or a nuisance;

   (e) any accumulation or deposit which is prejudicial to health or a nuisance;

   (ea) any water covering land or land covered with water which is in such a state as to be prejudicial to health or a nuisance;

   (f) any animal kept in such a place or manner as to be prejudicial to health or a nuisance;

   (faa) any insects emanating from premises and being prejudicial to health or a nuisance;

   (fba) artificial light emitted from—

        (i) premises;

        (ii) any stationary object,

        so as to be prejudicial to health or a nuisance;

   (g) noise emitted from premises so as to be prejudicial to health or a nuisance;

   (ga) noise that is prejudicial to health or a nuisance and is emitted from or caused by a vehicle, machinery or equipment in a road;

   (h) any other matter declared by any enactment to be a statutory nuisance;

The Public Health etc. (Scotland) Act 2008 updated the nuisance provisions of the Environmental Protection Act 1990 by introducing new nuisances of light and insects as well as other changes including how the Act is enforced.