Notes

Dear Janika, I wanted to provide you with some information regarding the Noise Limitation (Fictitious) Act 2022, Section 10, which empowers local authorities to regulate and manage anti-social noise within their districts or properties. Your local council, using by-laws as a form of delegated legislation, has implemented a curfew targeting individuals under the age of 18. This curfew restricts them from leaving their homes after 8pm on weeknights and 11pm on weekends. In the context of by-laws, it is important to note that they are laws passed by local authorities for their specific districts. Additionally, those who will be affected by the by-law are typically entitled to be consulted before its enforcement. Therefore, in your situation, residents who will be impacted should have received notice from the local council at least 7 days prior to the by-law taking effect. My advice to you would be, if your local authorities have not provided the necessary notice before implementing the new law, this could be deemed as unlawful. In such a case, you may consider taking further action. One possible course of action is to initiate a procedural or substantive challenge. This involves questioning the lawfulness of the process, as Parliament should have given approval for the by-law before its imposition. I recommend consulting with legal professionals who can provide you with more detailed guidance based on the specific circumstances. Understanding your rights and the proper procedures is crucial in addressing this matter effectively.