§ Mr. DavidsonTo ask the Secretary of State for Scotland if he will assess the advantage of amending legislation to allow complaints relating to the height or 645W position of trees to be actionable in terms of the Statutory Nuisance provisions of the current Environmental Protection Act 1990 or the Public Health (Scotland) Act 1897. [51461]
§ Mr. MacdonaldAt present, there are no plans to introduce amendments to statutory nuisance legislation. Existing provisions within the statutory nuisance elements of the Environmental Protection Act 1990 allow local authorities to investigate complaints about possible statutory nuisance occurring on premises, which includes land within its area. If satisfied that such nuisance exists, or is likely to occur or recur, they must serve an abatement notice on the person responsible. Any person can make a complaint to their local authority Environmental Health Department, or alternatively they may make a summary application to the sheriff court about the existence of a statutory nuisance. Although not tested at law so far as I am aware, depending on the particular circumstances of the case, it is possible that a local authority could consider a nuisance was being caused by the height of trees. However, ultimately the decision as to what constitutes a nuisance is for the courts. The statutory nuisance provisions in the Public Health (Scotland) Act 1897 were repealed by the Environment Act 1995.