ABSTRACT
Statutory nuisance enforcement has its own set of procedures, which are set down in Part III of the Environmental Protection Act 1990. Provisions for summary proceedings brought by local authorities in England and Wales are provided in ss.80 and 81 of the Act. Scotland is also included, with some variations. Some general provisions in the EPA 1990 are also relevant to statutory nuisance enforcement, such as:
s.157 - Offences by bodies corporate;
s.159 - Application to Crown;
s.160 - Service of notices.
Prosecutions by “persons aggrieved” by statutory nuisances are provided in s.82 of the Act. Equivalent statutory nuisance provisions for Northern Ireland are provided by Part 7 of the Clean Neighbourhoods and Environment Act (Northern Ireland) 2011.