82 Summary proceedings by persons aggrieved by statutory nuisances
Environmental Protection Act 1990 (1990 c 43) | Legislation

82  Summary proceedings by persons aggrieved by statutory nuisances

(1)     A magistrates' court may act under this section on a complaint [or, in Scotland, the sheriff may act under this section on a summary application,] made by any person on the ground that he is aggrieved by the existence of a statutory nuisance.

(2)     If the magistrates' court [or, in Scotland, the sheriff] is satisfied that the alleged nuisance exists, or that although abated it is likely to recur on the same premises[ or, in the case of a nuisance within section 79(1)(ga) above, in the same street] [or, in Scotland, road], the court [or the sheriff] shall make an order for either or both of the following purposes—

(a)     requiring the defendant [or, in Scotland, defender] to abate the nuisance, within a time specified in the order, and to execute any works necessary for that purpose;

(b)     prohibiting a recurrence of the nuisance, and requiring the defendant [or defender], within a time specified in the order, to execute any works necessary to prevent the recurrence;

and[, in England and Wales,] may also impose on the defendant a fine not exceeding level 5 on the standard scale.

(3)     If the magistrates'

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