Part III

Noise

Supplemental

“Best practicable means”.
72
1
This section shall apply for the construction of references in this Part of this Act to best practicable means.
2
In that expression “practicable” means reasonably practicable having regard among other things to local conditions and circumstances, to the current state of technical knowledge and to the financial implications.
3
The means to be employed include the design, installation, maintenance and manner and periods of operation of plant and machinery, and the design, construction and maintenance of buildings and acoustic structures.
4
The test of best practicable means is to apply only so far as compatible with any duty imposed by law, and in particular is to apply to statutory undertakers only so far as compatible with the duties imposed on them in their capacity of statutory undertakers.
5
The said test is to apply only so far as compatible with safety and safe working conditions, and with the exigencies of any emergency or unforseeable circumstances.
6
Subject to the preceding provisions of this section, regard shall be had, in construing references to “best practicable means”, to any relevant provision of a code of practice approved under the preceding section.
Pt. 3 (ss. 57-74) extended (E.W.) by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(1)(3), Sch. 16 para. 1(1)(xxvii), Sch. 17 paras. 33, 35(1)
Pt. 3 (except ss. 70(2)(3)(5), 71(1)): certain functions transferred (7.8.1991) by S.I. 1991/1773, art. 8(1)(3), Sch. 2
Pt. 3 (except ss. 70(2)(3)(5), 71(1)) modified (7.8.1991) by S.I. 1991/1773, art. 8(2)(3), Sch. 2
Pt. 3 (except ss. 70(2)(3)(5), 71(1)): certain functions transferred (10.1.1992) by S.I. 1991/2913, art. 8(1)(3), Sch. 2
Pt. 3 (except ss. 70(2)(3)(5), 71(1)) modified (10.1.1992) by S.I. 1991/2913, art. 8(2)(3), Sch. 2
Pt. 3 modified in part (6.4.2010) by The Cornwall Port Health Authority Order 2010 (S.I. 2010/1215), arts. 1(1), 4, Sch. (with art. 2)
Pt. 3 applied (with modifications) (E.) (24.3.2011) by The Hull and Goole Port Health Authority Order 2011 (S.I. 2011/939), arts. 1(1), 9, Sch. 2
Pt. 3 modified in part (E.) (6.4.2010) by The Bristol Port Health Authority Order 2010 (S.I. 2010/1214), arts. 1, 4, Sch.
Pt. 3 functions transferred and modified (E.) (14.6.2016) by The River Tees Port Health Authority Order 2016 (S.I. 2016/644), arts. 1(1), 9, Sch. 2
Pt. 3 modified in part (6.4.2010) by The Cowes Port Health Authority Order 2010 (S.I. 2010/1216), arts. 1(1), 4, Sch.
Pt. 3 functions transferred and modified (E.) (31.3.2017) by The Weymouth Port Health Authority Order 2017 (S.I. 2017/558), arts. 1(1), 9, Sch. 2 (with art. 9(3))
Pt. 3 modified in part (6.4.2010) by The Portsmouth Port Health Authority Order 2010 (S.I. 2010/1217), arts. 1(1), 4, Sch.
Pt. 3 modified in part (6.4.2010) by The Southampton Port Health Authority Order 2010 (S.I. 2010/1218), arts. 1(1), 4, Sch.
Pt. 3: functions etc. assigned to the Port Health Authority (7.11.2024) by The London Port Health Authority Order 2024 (S.I. 2024/1161), arts. 1(1), 4(2), Sch. (with arts. 4(3), 5(2))