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Section 70: Appeals to Secretary of State and magistrates' court.

Control of Pollution Act 1974 · 1974 c. 40View on legislation.gov.uk

Part III: Noise

Where any provision in this Part of this Act provides for an appeal to a magistrates' court, the procedure shall be by way of complaint for an order and the Magistrates' Courts Act 1980 shall apply to the proceedings.

The Secretary of State may make regulations as to appeals under this Part of this Act to the Secretary of State or, subject to the preceding subsection, to magistrates' courts; and the regulations may in particular—

include provisions comparable to those in section 290 of the Public Health Act 1936 (appeals against notices requiring the execution of works);
prescribe the cases in which a notice under this Part of this Act is, or is not, to be suspended until the appeal is decided, or until some other stage in the proceedings;
prescribe the cases in which the decision on appeal may in some respects be less favourable to the appellant than the decision from which he is appealing;
prescribe the cases in which the appellant may claim that a notice should have been served on some other person and prescribe the procedure to be followed in those cases.

Regulations under this section may prescribe the procedure and practice as respect appeals to the Secretary of State under this Part of this Act, and in particular may make provision as respects—

the particulars to be included in the notice of appeal;
the persons on whom notice of appeal is to be served and the particulars, if any, to accompany the notice; and
the abandonment of an appeal.

In entertaining any appeal under this Part of this Act the Secretary of State, or as the case may be the magistrates' court, shall have regard to any duty imposed by law on the appellant which concerns the activities in the course of which the noise is emitted.

In the application of this section to Scotland, subsection (1) and the reference to that subsection in subsection (2) shall not have effect.

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This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.