Statutory nuisance : law and practice
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書誌事項
Statutory nuisance : law and practice
Oxford University Press, 2002
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注記
Includes bibliographical references and index
内容説明・目次
内容説明
This is an essential text for practitioners at all levels in the legal and environmental health professions as well as for those working for community groups and consumer organisations. It is equally indispensable for private individuals who wish to challenge local authority decisions or to commence their own proceedings in the magistrates' courts against the 'nuisance offender'. The law of statutory nuisance was first formulated in the middle of the nineteenth century, yet it continues to raise all sorts of difficulties for practitioners, lawyers and the courts. This book considers the origins of statutory nuisance, analyses its conceptual basis, and considers each of the statutory nuisances set out and incorporated into the Environmental Protection Act 1990. Particular emphasis is given to the most problematic statutory nuisances, such as noise nuisance and those arising within residential premises. This is an authoritative book, which takes the reader through the practical and legal issues associated with each statutory nuisance and focuses on the problems the local authorities face in enforcing this area of law as well as for those advising defendants.
The role, powers and duties of the local authorities, the problems associated with the drafting of abatement notices and with the prosecution of nuisances are analysed. Also covered are defences and proceedings brought by private individuals against neighbours and local authority landlords. The focus is also on what happens in court. The procedure and requirements in appeals against notices and in prosecutions are considered in detail, as are the grounds for bringing further appeals and judicial review. Important recent decisions of the Court of Appeal and House of Lords, such as Falmouth & Truro PHA, ex p South-West Water, Baxter v Camden and Oakley v Birmingham, are analysed. The implications of recent legislation such as the Human Rights Act 1998 and the Regulation of Investigatory Powers Act 2000 are also considered.
目次
- 1. Synopsis
- PART I: STRUCTURE AND FRAMEWORK
- 2. The Regulatory Framework
- 3. The Historical Context of Statutory Nuisance and Public Health Legislation
- 4. The Concept of Statutory Nuisance
- PART II: THE SPECIFIC NUISANCES
- 5. Premises
- 6. Noise and Noise Nuisance
- 7. Atmospheric Emissions
- 8. Animals
- 9. Accumulations and Deposits
- 10. Miscellaneous Nuisances in Other Legislation
- PART III: PROCEDURE AND EVIDENCE
- 11. Implications of the Human Rights Act 1998
- 12. Enforcement: Use of Abatement Notices
- 13. Appeals Against Abatement Notices
- 14. Offences and Prosecution for Breach of an Abatement Notice
- 15. Defences
- 16. Section 82 Proceedings
- 17. Other Remedies
- 18. Overview of Evidential Issues and Preparation for Court
- APPENDICES
- Environmental Protection Act 1990 - Extracts
- Statutory Nuisance (Appeals) Regulations 1995, SI 1995/2644
- Other Legislation - Extracts
- Appendix D: Extracts from Codes made under the Police and Criminal Evidence Act 1984
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