Statutory Nuisance Law

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Environmental Health - Protecting our community

The following is the text of the law relating to nuisances, applicable in England and Wales. Amendments made, since the Act was passed in 1990, have been incorporated.

Environmental Protection Act 1990 (as amended)

Part III. Statutory Nuisances and Clean Air

S79. Statutory nuisances and inspections therefor

S80. Summary proceedings for Statutory nuisances

S81. Supplementary provisions

S82. Summary proceedings by persons aggrieved by statutory nuisances

Statutory nuisances and inspections therefor

79.â€” (1) Subject to subsections [(1A) to (6A)] below, the following matters constitute "statutory nuisances" for the purposes of this Part, that is to sayâ€”

(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;

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

(fa) any insects emanating from relevant industrial, trade or business premises and being prejudicial to health or a nuisance
(fb) artificial light emitted from premises 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 street or, in Scotland, road;

(h) any other matter declared by any enactment to be a statutory nuisance; [NB Includes insanitary cisterns etc (Public Health Act 1936 s141), watercourses (Public Health Act 1936 s259), tents, vans etc. (Public Health Act 1936 s268), and fencing of abandoned mines and quarries (Mines and Quarries Act 1954 s151)]

and it shall be the duty of every local authority to cause its area to be inspected from time to time to detect any statutory nuisances which ought to be dealt with under section 80 below [on sections 80 and 80A] and, where a complaint of a statutory nuisance is made to it by a person living within its area, to take such steps as are reasonably practicable to investigate the complaint.

(1A) No matter shall constitute a statutory nuisance to the extent that it consists of, or is caused by, any land being in a contaminated state.

(1B) Land is in a 'contaminated state' for the purposes of subsection (1A) above if, and only if, it is in such a condition, by reason of substances in, on, or under the land, that

(a) harm is being caused or there is a possibility of harm being caused; or
(b) Pollution of controlled waters is being, or is likely to be, caused; and, in this subsection 'harm', 'pollution of controlled waters' and 'substance' have the same meaning as in Part IIA of this Act.]

(2) Subsection (1)(b), (fb) and (g) above do not apply in relation to premisesâ€”

(a) occupied on behalf of the Crown for naval, military or air force purposes or for the purposes of the department of the Secretary of State having responsibility for defence, or

(b) occupied by or for the purposes of a visiting force; and "visiting force" means any such body, contingent or detachment of the forces of any country as is a visiting force for the purposes of any of the provisions of the Visiting Forces Act 1952.

(3) Subsection (1)(b) above does not apply toâ€”

(i) smoke emitted from a chimney of a private dwelling within a smoke control area,

(ii) dark smoke emitted from a chimney of a building or a chimney serving the furnace of a boiler or industrial plant attached to a building or for the time being fixed to or installed on any land,

(iii) smoke emitted from a railway locomotive steam engine, or

(iv) dark smoke emitted otherwise than as mentioned above from industrial or trade premises.

(4) Subsection (1)(c) above does not apply in relation to premises other than private dwellings.

(5) Subsection (1)(d) above does not apply to steam emitted from a railway locomotive engine.

(5A) Subsection (1)(fa) does not apply to insects that are wild animals included in Schedule 5 to the Wildlife and Countryside Act 1981 (animals which are protected), unless they are included in respect of section 9(5) of that Act only

(5B) Subsection (1)(fb) does not apply to artificial light emitted from-

(a) an airport;
(b) harbour premises;
(c) railway premises, not being relevant separate railway premises;
(d) tramway premises;
(e) a bus station and any associated facilities;
(f) a public service vehicle operating centre;
(g) a goods vehicle operating centre;
(h) a lighthouse;
(i) a prison.

(6) Subsection (1)(g) above does not apply to noise caused by aircraft other than model aircraft.

(6A) Subsection (1) (ga) above does not apply to noise made -

(a) by traffic,

(b) by any naval, military or air force of the Crown or by a visiting force (as defined in subsection (2) above), or

(c) by a political demonstration or a demonstration supporting or opposing a cause or campaign.

(7) In this Partâ€”

"airport" has the meaning given by section 95 of the Transport Act 2000;

"appropriate person" means-(a) in relation to England, the Secretary of State; (b) in relation to Wales, the National Assembly for Wales
"associated facilities", in relation to a bus station, has the meaning given by section 83 of the Transport Act 1985;
"bus station" has the meaning given by section 83 of the Transport Act 1985;
"chimney" includes structures and openings of any kind from or through which smoke may be emitted;

"dust" does not include dust emitted from a chimney as an ingredient of smoke;

"equipment" includes a musical instrument.

"fumes" means any airborne solid matter smaller than dust;

"gas" includes vapour and moisture precipitated from vapour;
"goods vehicle operating centre", in relation to vehicles used under an operator's licence, means a place which is specified in the licence as an operating centre for those vehicles, and for the purposes of this definition "operating centre" and "operator's licence" have the same meaning as in the Goods Vehicles (Licensing of Operators) Act 1995;
"harbour premises" means premises which form part of a harbour area and which are occupied wholly or mainly for the purposes of harbour operations, and for the purposes of this definition "harbour area" and "harbour operations" have the same meaning as in Part 3 of the Aviation and Maritime Security Act 1990;

"industrial, trade or business premises" means premises used for any industrial, trade or business purposes or premises not so used on which matter is burnt in connection with any industrial, trade or business process, and premises are used for industrial purposes where they are used for the purposes of any treatment or process as well as where they are used for the purposes of manufacturing;

"local authority" means, subject to subsection (8) below,â€”

(a) in Greater London, a London borough council, the Common Council of the City of London and, as respects the Temples, the Sub-Treasurer of the Inner Temple and the Under-Treasurer of the Middle Temple respectively;

(b) In England and Wales outside Greater London, a district council; and
(c) the Council of the Isles of Scilly; [and

(d) in Scotland....a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;]

"lighthouse" has the same meaning as in Part 8 of the Merchant Shipping Act 1995;
"noise" includes vibration;

"person responsible",

(a) in relation to a statutory nuisance, means the person to whose act, default or sufferance the nuisance is attributable;

(b) in relation to a vehicle, includes the person in whose name the vehicle is for the time being registered under the Vehicles (Excise) Act 1971 and any other person who is for the time being the driver of the vehicle;

(c) in relation to machinery or equipment, includes any person who is for the time being the operator of the machinery or equipment;

"prejudicial to health" means injurious, or likely to cause injury, to health;

"premises" includes land and, subject to subsection (12 and in relation to England and Wales section 81A(9)) below, any vessel;
"prison" includes a young offender institution;
"private dwelling" means any building, or part of a building, used or intended to be used, as a dwelling;
"public service vehicle operating centre", in relation to public service vehicles used under a PSV operator's licence, means a place which is an operating centre of those vehicles, and for the purposes of this definition "operating centre", "PSV operator's licence" and "public service vehicle" have the same meaning as in the Public Passenger Vehicles Act 1981;
"railway premises" means any premises which fall within the definition of "light maintenance depot", "network", "station" or "track" in section 83 of the Railways Act 1993;
"relevant separate railway premises" has the meaning given by subsection (7A);

'road' has the same meaning as in Part IV of the New Roads and Street Works Act 1991;

"smoke" includes soot, ash, grit and gritty particles emitted in smoke;

'street' means a highway and any other road, footway, square or court that is for the time being open to the public;
"tramway premises" means any premises which, in relation to a tramway, are the equivalent of the premises which, in relation to a railway, fall within the definition of "light maintenance depot", "network", "station" or "track" in section 83 of the Railways Act 1993;

and any expressions used in this section and in the [1956 c.52.] Clean Air Act 1956 or the [1968 c. 62.] Clean Air Act 1968 have the same meaning in this section as in that Act and section 34(2) of the Clean Air Act 1956 shall apply for the interpretation of the expression "dark smoke" and the operation of this Part in relation to it.

(7A) Railway premises are relevant separate railway premises if-

(a) they are situated within-

(i) premises used as a museum or other place of cultural, scientific or historical interest, or

(ii) premises used for the purposes of a funfair or other entertainment, recreation or amusement, and

(b) they are not associated with any other railway premises.

(7B) For the purposes of subsection (7A)-

(a) a network situated as described in subsection (7A)(a) is associated with other railway premises if it is connected to another network (not being a network situated as described in subsection (7A)(a));

(b) track that is situated as described in subsection (7A)(a) but is not part of a network is associated with other railway premises if it is connected to track that forms part of a network (not being a network situated as described in subsection (7A)(a));

(c) a station or light maintenance depot situated as described in subsection (7A)(a) is associated with other railway premises if it is used in connection with the provision of railway services other than services provided wholly within the premises where it is situated.

In this subsection "light maintenance depot", "network", "railway services", "station" and "track" have the same meaning as in Part 1 of the Railways Act 1993.

(7C) In this Part "relevant industrial, trade or business premises" means premises that are industrial, trade or business premises as defined in subsection (7), but excluding-

(a) land used as arable, grazing, meadow or pasture land,
(b) land used as osier land, reed beds or woodland,
(c) land used for market gardens, nursery grounds or orchards,
(d) land forming part of an agricultural unit, not being land falling within any of paragraphs (a) to (c), where the land is of a description prescribed by regulations made by the appropriate person, and
(e) land included in a site of special scientific interest (as defined in section 52(1) of the Wildlife and Countryside Act 1981),

and excluding land covered by, and the waters of, any river or watercourse, that is neither a sewer nor a drain, or any lake or pond.

(7D) For the purposes of subsection (7C)-
"agricultural" has the same meaning as in section 109 of the Agriculture Act 1947;

"agricultural unit" means land which is occupied as a unit for agricultural purposes;

"drain" has the same meaning as in the Water Resources Act 1991;

"lake or pond" has the same meaning as in section 104 of that Act;
"sewer" has the same meaning as in that Act.

(8) Where, by an order under section 2 of the [1984 c. 22.] Public Health (Control of Disease) Act 1984, a port health authority or in Scotland where by an order under Section 182 of the Public Health (Scotland) Act 1897 a port local authority or a joint port local authority has been constituted for the whole or part of a port,] has been constituted for any port health district, the port health authority [, port local authority or joint port local authority as the case may be] shall have by virtue of this subsection, as respects its district, the functions conferred or imposed by this Part in relation to statutory nuisances other than a nuisance falling within paragraph (fb), (g) [or (ga)] of subsection (1) above and no such order shall be made assigning those functions; and "local authority" and "area" shall be construed accordingly.

(9) In this Part "best practicable means" is to be interpreted by reference to the following provisionsâ€”

(a) "practicable" means reasonably practicable having regard among other things to local conditions and circumstances, to the current state of technical knowledge and to the financial implications;

(b) the means to be employed include the design, installation, maintenance and manner and periods of operation of plant and machinery, and the design, construction and maintenance of buildings and structures;

(c) the test is to apply only so far as compatible with any duty imposed by law;

(d) the test is to apply only so far as compatible with safety and safe working conditions, and with the exigencies of any emergency or unforeseeable circumstances;

and, in circumstances where a code of practice under section 71 of the [1974 c. 40.] Control of Pollution Act 1974 (noise minimisation) is applicable, regard shall also be had to guidance given in it.

(10) A local authority shall not without the consent of the Secretary of State institute summary proceedings under this Part in respect of a nuisance falling within paragraph (b), (d), (e) (fb) or (g) [and, in relation to Scotland, Paragraph (ga), of subsection (1) above if proceedings in respect thereof might be instituted under Part I or under regulations under section 2 of the Pollution Prevention and Control Act 1999.

(11) The area of a local authority which includes part of the seashore shall also include for the purposes of this Part the territorial sea lying seawards from that part of the shore; and subject to subsection

(12) and, in relation to England and Wales, below, this Part shall have effect, in relation to any area included in the area of a local authority by virtue of this subsectionâ€”

(a) as if references to premises and the occupier of premises included respectively a vessel and the master of a vessel; and

(b) with such other modifications, if any, as are prescribed in regulations made by the Secretary of State.

(13) A vessel powered by steam reciprocating machinery is not a vessel to which this Part of this Act applies.

Summary proceedings for Statutory nuisances

80.â€”(1) Where a local authority is satisfied that a statutory nuisance exists, or is likely to occur or recur, in the area of the authority, the local authority shall serve a notice ("an abatement notice") imposing all or any of the following requirementsâ€”

(a) requiring the abatement of the nuisance of prohibiting or restricting its occurrence or recurrence;

(b) requiring the execution of such works, and the taking of such other steps, as may be necessary for any of those purposes,

and the notice shall specify the time or times within which the requirements of the notice are to be complied with.

(2) Subject to section 80A(1), below

The abatement notice shall be servedâ€”

(a) except in a case falling within paragraph (b) or (c) below, on the person responsible for the nuisance;

(b) where the nuisance arises from any defect of a structural character, on the owner of the premises;

(c) where the person responsible for the nuisance cannot be found or the nuisance has not yet occurred, on the owner or occupier of the premises.

(3) A person served with an abatement notice may appeal against the notice to a magistrates' court or in Scotland, the Sheriff within the period of twenty-one days beginning with the date on which he was served with the notice.

(4) If a person on whom an abatement notice is served, without reasonable excuse, contravenes or fails to comply with any requirement or prohibition imposed by the notice, he shall be guilty of an offence.

(5) Except in a case falling within subsection (6) below, a person who commits an offence under subsection (4) above shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale together with a further fine of an amount equal to one-tenth of that level for each day on which the offence continues after the conviction.

(6) A person who commits an offence under subsection (4) above on industrial, trade or business premises shall be liable on summary conviction to a fine not exceeding £20,000.

(7) Subject to subsection (8) below, in any proceedings for an offence under subsection (4) above in respect of a statutory nuisance it shall be a defence to prove that the best practicable means were used to prevent, or to counteract the effects of, the nuisance.

(8)The defence under subsection (7) above is not availableâ€”

(a) in the case of a nuisance falling within paragraph (a), (d), (e), (f), (fa) or (g) of section 79(1) above except where the nuisance arises on industrial, trade or business premises;

(aza) in the case of a nuisance falling within paragraph (fb) of section 79(1) above except where-
(i) the artificial light is emitted from industrial, trade or business premises, or
(ii) the artificial light (not being light to which sub-paragraph (i) applies) is emitted by lights used for the purpose only of illuminating an outdoor relevant sports facility;".

(aa) in the case of a nuisance falling within Paragraph (ga) of section 79(1) above except where the noise is emitted from or caused by a vehicle, machinery or equipment being used for industrial, trade or business purposes;

(b) in the case of a nuisance falling within paragraph (b) of section 79(1) above except where the smoke is emitted from a chimney; and

(c) in the case of a nuisance falling within paragraph (c) or (h) of section 79(1) above.

(8A) For the purposes of subsection (8)(aza) a relevant sports facility is an area, with or without structures, that is used when participating in a relevant sport, but does not include such an area comprised in domestic premises.

(8B) For the purposes of subsection (8A) "relevant sport" means a sport that is designated for those purposes by order made by the Secretary of State, in relation to England, or the National Assembly for Wales, in relation to Wales. A sport may be so designated by reference to its appearing in a list maintained by a body specified in the order.

(8C) In subsection (8A) "domestic premises" means-

(a) premises used wholly or mainly as a private dwelling, or

(b) land or other premises belonging to, or enjoyed with, premises so used

(9) In proceedings for an offence under subsection (4) above in respect of a statutory nuisance falling within paragraph (g) [or(ga)] of section 79(1) above where the offence consists in contravening requirements imposed by virtue of subsection (1)(a) above it shall be a defence to proveâ€”

(a) that the alleged offence was covered by a notice served under section 60 or a consent given under section 61 or 65 of the [1974 c. 40.] Control of Pollution Act 1974 (construction sites, etc); or

(b) where the alleged offence was committed at a time when the premises were subject to a notice under section 66 of that Act (noise reduction notice), that the level of noise emitted from the premises at that time was not such as to a constitute a contravention of the notice under that section; or

(c) where the alleged offence was committed at a time when the premises were not subject to a notice under section 66 of that Act, and when a level fixed under section 67 of that Act (new buildings liable to abatement order) applied to the premises, that the level of noise emitted from the premises at that time did not exceed that level.

(10) Paragraphs (b) and (c) of subsection (9) above apply whether or not the relevant notice was subject to appeal at the time when the offence was alleged to have been committed.

Supplementary provisions

81.â€”(1) Subject to subsection (1a) below, where more than one person is responsible for a statutory nuisance section 80 above shall apply to each of those persons whether or not what any one of them is responsible for would by itself amount to a nuisance.

(1A) In relation to a statutory nuisance within section 79(1) (ga) above for which more than one person is responsible (whether or not what any one of those persons is responsible for would by itself amount to such a nuisance), section 80(2) (a) above shall apply with the substitution of 'any one of the persons' for 'the person'.

(1B) In relation to a statutory nuisance within section 79(1) (ga) above caused by noise emitted from or caused by an unattended vehicle or unattended machinery or equipment for which more than one person is responsible, section 80A above shall apply with the substitution of 'any one of the persons' for 'the person'.

(a) in subsection (2) (a), of 'any of the persons' for 'the person' and of 'one such person' for 'that person',
(b) in subsection (2) (b), of 'such a person' for 'that person',
(c) in subsection (3) of 'any of the persons' for 'the person' and of 'one such person' for 'that person',
(d) in subsection (5), of 'any person' for 'the person' and
(e) in subsection (7), of 'a person' for 'the person' and of 'such a person' for 'that person'.

(2) Where a statutory nuisance which exists or has occurred within the area of a local authority, or which has affected any part of that area, appears to the local authority to be wholly or partly caused by some act or default committed or taking place outside the area, the local authority may act under section 80 above as if the act or default were wholly within that area, except that any appeal shall be heard by a magistrates' court or, in Scotland, the sheriff having jurisdiction where the act or default is alleged to have taken place.

(3) Where an abatement notice has not been complied with the local authority may, whether or not they take proceedings for an offence or, in Scotland, whether or not proceedings have been taken for an offence, under section 80(4) above, abate the nuisance and do whatever may be necessary in execution of the notice.

(4) Any expenses reasonably incurred by a local authority in abating, or preventing the recurrence of, a statutory nuisance under subsection (3) above may be recovered by them from the person by whose act or default the nuisance was caused and, if that person is the owner of the premises, from any person who is for the time being the owner thereof; and the court or sheriff may apportion the expenses between persons by whose acts or defaults the nuisance is caused in such manner as the court consider or sheriff considers fair and reasonable.

(5) If a local authority is of the opinion that proceedings for an offence under section 80(4) above would afford an inadequate remedy in the case of any statutory nuisance , they may, subject to subsection (6) below, take proceedings in the High Court [or in Scotland, in any court of competent jurisdiction,] for the purpose of securing the abatement, prohibition or restriction of the nuisance, and the proceedings shall be maintainable notwithstanding the local authority have suffered no damage from the nuisance.

(6)In any proceedings under subsection (5) above in respect of a nuisance falling within paragraph (g) [or (ga)] of section 79(1) above, it shall be a defence to prove that the noise was authorised by a notice under section 60 or a consent under section 61 (construction sites) of the Control of Pollution Act 1974.

(7)The further supplementary provisions in Schedule 3 to this Act shall have effect.

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Summary proceedings by persons aggrieved by statutory nuisances

82.â€”(1) A magistrates' court may act under this section on a complaint 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 nuisance within section 7a(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 purposesâ€”

(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, in Scotland, 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' court or the sheriff is satisfied that the alleged nuisance exists and is such as, in the opinion of the court, or the sheriff to render premises unfit for human habitation, an order under subsection (2) above may prohibit the use of the premises for human habitation until the premises are, to the satisfaction of the court, or of the sheriff rendered fit for that purpose.

(4) Proceedings for an order under subsection (2) above shall be broughtâ€”

(a) except in a case falling within paragraph (b), (c) or (d) below, against the person responsible for the nuisance;

(b) where the nuisance arises from any defect of a structural character, against the owner of the premises;

(c) where the person responsible for the nuisance cannot be found, against the owner or occupier of the premises.

(d) in the case of a statutory nuisance within section 79 (1)(ga) above caused by noise emitted from or caused by an unattended vehicle or unattended machinery or equipment, against the person responsible for the vehicle, machinery or equipment.

(5) Subject to subsection (5A) below, where more than one person is responsible for a statutory nuisance, subsections (1) to (4) above shall apply to each of those persons whether or not what any one of them is responsible for would by itself amount to a nuisance.

(5A) In relation to a statutory nuisance within section 79(1) (ga) above caused by noise emitted from or caused by an unattended vehicle or unattended machinery or equipment for which more than one person is responsible, subsection (4) (d) above shall apply with the substitution of 'any person' for 'the person'.

(5B) In relation to a statutory nuisance within section 79(1) (ga) above caused by noise emitted from or caused by an unattended vehicle or unattended machinery or equipment for which more than one person is responsible, subsection (4) (d) above shall apply with the substitution of 'any person' for 'the person'.

(6) Before instituting proceedings for an order under subsection (2) above against any person, the person aggrieved by the nuisance shall give to that person such notice in writing of his intention to bring the proceedings as is applicable to proceedings in respect of a nuisance of that description and the notice shall specify the matter complained of.

(7) The notice of the bringing of proceedings in respect of a statutory nuisance required by subsection (6) above which is applicable isâ€”

(a) in the case of a nuisance falling within paragraph (g) [or (ga)] of section 79(1) above, not less than three days' notice; and

(b) in the case of a nuisance of any other description, not less than twenty-one days' notice;

but the Secretary of State may, by order, provide that this subsection shall have effect as if such period as is specified in the order were the minimum period of notice applicable to any description of statutory nuisance specified in the order.

(8) A person who, without reasonable excuse, contravenes any requirement or prohibition imposed by an order under subsection (2) above shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale together with a further fine of an amount equal to one-tenth of that level for each day on which the offence continues after the conviction.

(9) Subject to subsection (10) below, in any proceedings for an offence under subsection (8) above in respect of a statutory nuisance it shall be a defence to prove that the best practicable means were used to prevent, or to counteract the effects of, the nuisance.

(10) The defence under subsection (9) above is not availableâ€”

(a)in the case of a nuisance falling within paragraph (a), (d), (e), (f), (fa) or (g) of section 79(1) above except where the nuisance arises on industrial, trade or business premises;

(aza) in the case of a nuisance falling within paragraph (fb) of section 79(1) above except where-

(i) the artificial light is emitted from industrial, trade or business premises, or

(ii) the artificial light (not being light to which sub-paragraph (i) applies) is emitted by lights used for the purpose only of illuminating an outdoor relevant sports facility;.

(aa) in the case of a nuisance falling within paragraph (ga) of section 79(1) above except where the noise is entitled from or caused by a vehicle, machinery or equipment being used for industrial, trade or business purposes;

(b) in the case of a nuisance falling within paragraph (b) of section 79(1) above except where the smoke is emitted from a chimney;

(c) in the case of a nuisance falling within paragraph (c) or (h) of section 79(1) above; and

(d) in the case of a nuisance which is such as to render the premises unfit for human habitation.

(10A) For the purposes of subsection (10)(aza) "relevant sports facility" has the same meaning as it has for the purposes of section 80(8)(aza)

(11) If a person is convicted of an offence under subsection (8) above, a magistrates' court or the sheriff may, after giving the local authority in whose area the nuisance has occurred an opportunity of being heard, direct the authority to do anything which the person convicted was required to do by the order to which the conviction relates.

(12) Where on the hearing of proceedings for an order under subsection (2) above it is proved that the alleged nuisance existed at the date of the making of the complaint, or summary application then, whether or not at the date of the hearing it still exists or is likely to recur, the court or the sheriff shall order the [defendant or defender (or defendants or defenders) in such proportions as appears fair and reasonable) to pay to the person bringing the proceedings such amount as the court or the sheriff considers reasonably sufficient to compensate him for any expenses properly incurred by him in the proceedings.

(13) If it appears to the magistrates' court or to the sheriff that neither the person responsible for the nuisance nor the owner or occupier of the premises [or (as the case may be) the person responsible for the vehicle, machinery or equipment] can be found the court or the sheriff may, after giving the local authority in whose area the nuisance has occurred an opportunity of being heard, direct the authority to do anything which the court would have ordered that person to do.

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