The Noise Emission in the Environment by Equipment for use Outdoors (Amendment) Regulations 2015

Statutory Instruments

2015 No. 98

Environmental Protection

The Noise Emission in the Environment by Equipment for use Outdoors (Amendment) Regulations 2015

Made

29th January 2015

Laid before Parliament

3rd February 2015

Coming into force

1st April 2015

The Secretary of State is a Minister designated(1) for the purposes of section 2(2) of the European Communities Act 1972(2) in relation to measures relating to noise emission in the environment by equipment for use outdoors.

The Secretary of State makes these Regulations in exercise of the powers conferred by section 2 (2) of the European Communities Act 1972.

Citation and commencement

1.  These Regulations may be cited as the Noise Emission in the Environment by Equipment for use Outdoors (Amendment) Regulations 2015 and come into force on 1st April 2015.

Amendment to the Noise Emission in the Environment by Equipment for use Outdoors Regulations 2001

2.—(1) The Noise Emission in the Environment by Equipment for use Outdoors Regulations 2001(3) are amended as follows.

(2) For regulation 12 (Provision of data) substitute—

“12.   The responsible person must send a copy of the declaration of conformity to the Secretary of State and to the Commission within 28 days of placing the equipment on the market.”.

(3) In Schedule 13 (Enforcement), for paragraph 1(1) substitute—

“(1) The Secretary of State must enforce these Regulations and in carrying out this duty may appoint any person to act on behalf of the Secretary of State, and “enforcement authority” is to be construed accordingly.”.

Matthew Hancock

Minister of State for Business and Enterprise and Energy

Department for Business, Innovation and Skills

29th January 2015

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Noise Emission in the Environment by Equipment for use Outdoors Regulations 2001 (S.I. 2001/1701) (“the 2001 Regulations”) as regards the provisions relating to the provision of data and enforcement of the Regulations.

The 2001 Regulations implement the European Parliament and the Council Directive 2000/14/EC on the approximation of the laws of the Member States relating to the noise emission in the environment by equipment for use outdoors (OJ No L162, 03.07.2000, p.1).

Regulation 2(2) of these Regulations amends the requirement to provide a copy of the declaration of conformity to the Secretary of State and to the European Commission at an addressed specified in a footnote.

Regulation 2 (3) of these Regulations enables the Secretary of State to designate any person to act on his behalf in carrying out the enforcement duty.

A full impact assessment has not been prepared for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen. A copy of the Explanatory Memorandum is published alongside the instrument on www.legislation.gov.uk. Further information is available from BIS on the gov.uk website (www.gov.uk).

(1)

S.I. 2000/3238.

(2)

1972 c.68; Section 2(2) was amended by the Legislative and Regulatory Reform Act 2006 (c.51), section 27(1)(a) and by the European Union (Amendment) Act 2008 (c.7), Schedule, Part 1.

(3)

S.I. 2001/1701; amended by S.I. 2001/3958. There are other amending instruments but none is relevant.