2018 No. 342
Environmental Protection

The Environmental Noise (Scotland) Amendment Regulations 2018

Made
Laid before the Scottish Parliament
Coming into force
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 19721 and all other powers enabling them to do so.

Citation and commencement1.

These Regulations may be cited as the Environmental Noise (Scotland) Amendment Regulations 2018 and come into force on 31 December 2018.

Amendment of the Environmental Noise (Scotland) Regulations 20062.

The Environmental Noise (Scotland) Regulations 20062 are amended as follows—

(1)

in paragraph (2) of regulation 3 (interpretation), for the definition of “Directive” substitute—
““Directive” means Directive 2002/49/EC of the European Parliament and of the Council relating to the assessment and management of environmental noise3

(2)

in regulation 5 (strategic noise maps: general requirements)—

(a)

in paragraph (2)(b), omit “in all cases listed as examples in paragraph 3 of Annex I to the Directive”,

(b)

in paragraph (3), for “means of the assessment methods set out in Schedule 2” substitute “computation (at the assessment position) and by means of the assessment methods set out in the Annex II to the Directive”,

(c)

after paragraph (3) insert—

“(3A)

In paragraph (3), “assessment position” means the assessment height in paragraph 7 of Annex IV to the Directive”, and

(d)

omit paragraphs (4) and (5).

(3)

Omit schedule 2 (assessment methods for the noise indicators).

(4)

In schedule 3 (supplementary noise indicators)—

(a)

in paragraph 1 (interpretation), omit the definition of “LA10,18h”; and

(b)

omit paragraph 2(a) (road traffic noise).

R CUNNINGHAM
A member of the Scottish Government

St Andrew’s House,

Edinburgh

EXPLANATORY NOTE
(This note is not part of the Regulations)

These Regulations amend the Environmental Noise (Scotland) Regulations 2006 (S.S.I. 2006/465) (“the 2006 Regulations”) to implement Commission Directive (EU) 2015/996 establishing common noise assessment methods according to Directive 2002/49/EC of the European Parliament and of the Council (OJ L 168, 1.7.2015, p.1).

These Regulations provide for new common noise assessment methods as set out in Annex II to Directive 2002/49/EC of the European Parliament and of the Council relating to the assessment and management of environmental noise (OJ L 189, 18.7.2002, p.12), the text of which was replaced by Commission Directive (EU) 2015/996.

Regulation 2(1) amends the definition of “Directive” in regulation 3 of the 2006 Regulations to narrate amendments made to Directive 2002/49/EC, including by Commission Directive (EU) 2015/996.

The Regulations also make an amendment to regulation 5(2)(b) of the 2006 Regulations to clarify the intended application of the supplementary noise indicators defined in schedule 3 of those Regulations.