The Noise from Audible Intruder Alarms (Wales) (Revocation) and Control of Noise (Codes of Practice for Construction and Open Sites) (Wales) Order 2017

Welsh Statutory Instruments

2017 No. 81 (W. 30)

Public Health, Wales

The Noise from Audible Intruder Alarms (Wales) (Revocation) and Control of Noise (Codes of Practice for Construction and Open Sites) (Wales) Order 2017

Made

24 January 2017

Laid before the National Assembly for Wales

2 February 2017

Coming into force

24 February 2017

The Welsh Ministers, in exercise of the powers conferred by sections 71 and 104(1) of the Control of Pollution Act 1974(1) and vested in the Welsh Ministers(2), make the following Order:

Title, commencement and application

1.—(1) The title of this Order is the Noise from Audible Intruder Alarms (Wales) (Revocation) and Control of Noise (Codes of Practice for Construction and Open Sites) (Wales) Order 2017.

(2) This Order comes into force on 24 February 2017..

(3) This Order applies in relation to Wales.

Approval of code of practice

2.  The following parts of the British Standards Institution code of practice for noise and vibration control on construction and open sites, numbered BS 5228, are approved for the purpose of giving guidance on appropriate methods for minimising noise from those sites—

(a)Part 1: Noise, numbered BS 5228-1:2009, as amended by Amendment No. 1, which came into effect on 21 February 2014;

(b)Part 2: Vibration, numbered BS 5228-2:2009, as amended by Amendment No. 1, which came into effect on 3 June 2014.

Revocation

3.  The following Orders are revoked in relation to Wales—

(a)The Control of Noise (Codes of Practice for Construction and Open Sites) (Wales) Order 2002(3); and

(b)The Control of Noise (Code of Practice on Noise from Audible Intruder Alarms) Order 1981(4).

Lesley Griffiths

Cabinet Secretary for Environment and Rural Affairs, one of the Welsh Ministers

24 January 2017

EXPLANATORY NOTE

(This note is not part of the Order)

Under sections 71 and 104(1) of the Control of Pollution Act 1974, the Welsh Ministers may approve codes of practice for the purpose of giving guidance on appropriate methods for minimising noise (which includes vibration) and the Welsh Ministers must approve such a code of practice for the carrying out of works to which section 60 of the Act applies. These works include building and roadworks, demolition, dredging and other works of engineering construction.

This Order approves the two parts of the British Standards Institution code of practice for noise and vibration control on construction and open sites. Open sites are defined in the code as sites where there is significant outdoor excavation, levelling or deposition of material.

This Order also revokes the Control of Noise (Codes of Practice for Construction and Open Sites) (Wales) Order 2002 (S.I. 2002/1795 (W. 170)) and the Control of Noise (Code of Practice on Noise from Audible Intruder Alarms) Order 1981 (S.I. 1981/1829).

The Welsh Ministers’ Code of Practice on the carrying out of regulatory impact assessments was considered in relation to this Order. As a result, it was not considered necessary to carry out a regulatory impact assessment as to the likely costs and benefits of complying with this Order.

The approved codes of practice can be obtained in person or by post from the British Standards Institution at the Customer Services Sales Department, BSI, 389 Chiswick High Road, London W4 4AL; telephone 020 8996 7000.

The ISBN numbers for the approved codes of practice are as follows:

BS 5228-1:2009ISBN 978 0 580 77749 3
BS 5228-2:2009ISBN 978 0 580 77750 9
(2)

The functions of the Secretary of State in so far as exercisable in relation to Wales were transferred to the National Assembly for Wales under article 2 of, and Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) and thereafter to the Welsh Ministers under section 162 of, and paragraphs 30(1) and 30(2)(a) of Schedule 11 to, the Government of Wales Act 2006 (c. 32).