The Highways Noise Payments (Movable Homes) (Wales) Regulations 2001

Interpretation

2.  In these Regulations —

• “alteration” (“newid”) in relation to a highway means a change in the location, width or level of a carriageway which is part of that highway (otherwise than by resurfacing) or the construction of an additional carriageway beside above or below an existing carriageway and “alter” (“newid”) and “altered” (“wedi'i newid”) are to be interpreted in the same way;

• “the authority” (“yr awdurdod”) in relation to a highway means the highway authority who constructed or altered or propose to construct or alter that highway;

• “commencement date” (“dyddiad cychwyn”) means the date on which these Regulations come into force;

• “dB(A)” is a measure of sound pressure level (“A” weighting) in decibels indicated by measuring equipment which complies with the British Standard Specification for a precision sound level meter published on 14th September 1967 under number B.S.4197:1967;

• “disqualifying interest” (“buddiant anghymhwyso”) means an interest which qualifies for compensation under Part 1 of the Land Compensation Act 1973(1);

• “eligible home” (“cartref cymwys”) has the meaning set out in regulation 7;

• “highway” (“priffordd”) includes any part of a highway and means a highway or part of a highway which is maintainable at the public expense as defined in section 329(1) of the Highways Act 1980(2);

• “houseboat” (“cwch preswyl”) means a boat or similar structure designed or adapted for use as a home;

• “L10” is the sound level in dB(A) which is exceeded for one-tenth of a period of one hour;

• (“L10 18-hour)”; is the arithmetic mean of all the levels of L10 during a period from 0600 to 2400 hours on a normal working day;

• “movable home” (“cartref symudol”) means —

  (a)

  a caravan within the meaning (as defined in Part 1) of the Caravan Sites and Control of Development Act 1960(3) and section 13 of the Caravan Sites Act 1968 (disregarding the provisions of subsection (2) of section 13(4)), or

  (b)

  a houseboat:

• “noise payment” (“taliad swn”) has the meaning set out in regulation 3(5);

• “prevailing noise level” (“lefel swn gyffredinol”) means the level of noise, expressed as a level of L10 (18-hour), one metre in front of the most exposed of any window or door in the most exposed face of a movable home caused by traffic using any highway immediately before works for the construction or alteration of the highway were begun;

• “qualifying period” (“cyfnod cymhwyso”) has the meaning set out in regulation 8;

• “relevant date” (“dyddiad perthnasol”) means the date on which a highway was first open to public traffic or in the case of a highway which has been altered, the date on which it was first open to public traffic after construction of the alteration;

• “relevant highway” (“priffordd berthnasol”) means a highway in respect of which the relevant date was after 25th September 1990;

• “relevant noise level” (“lefel swn berthnasol”) means the level of noise, expressed as a level of L10 (18-hour), one metre in front of the most exposed of any window or door in the most exposed face of a movable home caused or expected to be caused by traffic using a relevant highway;

• “relevant works” (“gwaith perthnasol”) means the works for the construction or alteration of a highway which cause or are expected to cause the noise which gives rise to a power to make a noise payment;

• “specified level” (“lefel benodedig”) means a noise level of L10 (18-hour) of 68dB(A);

• “the 1988 Code” (“Cod 1988”) means the advice and instruction contained in the technical memorandum entitled “Calculations of Road Traffic Noise” published by Her Majesty’s Stationery Office (1988).

(1)

1973 c. 26.

(2)

1980 c. 66.

(3)

1960 c. 62.

(4)

1968 c. 52.