The Noise Insulation (Railways and Other Guided Transport Systems) Regulations 1996

Power to carry out insulation work or to make grants

5.—(1) Subject to and in accordance with the provisions of these Regulations, the responsible authority may carry out, or make a grant in respect of the cost of carrying out, insulation work in or to any eligible building when on or after the relevant date the movement of vehicles using, or expected to use, altered works causes, or is expected to cause, noise at a level not less than the level referred to in either sub-paragraph (a) or sub-paragraph (b) of paragraph (2).

(2) (a) When the movement of the vehicles takes place during the day-time period, noise is at a level for paragraph (1) to apply if—

(i) the relevant noise level is greater by at least 1 dB(A) than the prevailing day-time noise level and is not less than the specified day-time level; and

(ii) the noise caused, or expected to be caused, by that movement makes an effective contribution to the relevant noise level of at least 1 dB(A).

(b) When the movement of the vehicles takes place during the night-time period, noise is at a level for paragraph (1) to apply if—

(i) the relevant noise level is greater by at least 1 dB(A) than the prevailing night-time noise level and is not less than the specified night-time level; and

(ii) the noise caused, or expected to be caused, by that movement makes an effective contribution to the relevant noise level of at least 1 dB(A).

(3) The noise levels referred to in paragraphs (1) and (2) shall in each case be assessed at a reception point located one metre outward from the external side of the most exposed part of any door or window in a facade of an eligible building.

(4) The power to carry out insulation work or make grants, referred to in paragraph (1), may also be exercised by the responsible authority in respect of cases where regulation 4 is applicable but before any duty arising from an offer and acceptance in accordance with regulation 10 has arisen.