2018 No. 1089
Environmental Protection, England

The Environmental Noise (England) (Amendment) Regulations 2018

Made
Laid before Parliament
Coming into force
The Secretary of State makes these Regulations in exercise of the powers conferred by section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 1972 (“the Act”)1.
The Secretary of State is a Minister designated for the purposes of section 2(2) of the Act in relation to measures relating to the assessment, management and control of environmental noise2.
These Regulations make provision for a purpose mentioned in section 2(2) of the Act and it appears to the Secretary of State that it is expedient for references to Annex 2 to Directive 2002/49/EC of the European Parliament and of the Council relating to the assessment and management of environmental noise3 to be construed as references to that Annex as amended from time to time.

Citation and commencement1.

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

Amendment of the Environmental Noise (England) Regulations 20062.

(1)

The Environmental Noise (England) Regulations 20064 are amended as follows.

(2)

In regulation 2—

(a)

in paragraph (2), in the definition of “the Directive”, for the words from “of 25 June 2002” to the end substitute “relating to the assessment and management of environmental noise, as last amended by Commission Directive (EU) 2015/996”;

(b)

in paragraph (3), after “Annex I” insert “, 2”.

(3)

In regulation 4—

(a)

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

(b)

after paragraph (3) insert—

“(3A)

In paragraph (3), “assessment position” means the assessment height in paragraph 7 of Annex 4 to the Directive.”;

(c)

omit paragraphs (4) and (5).

(4)

Omit Schedule 2.

(5)

In Schedule 3—

(a)

in paragraph 1, omit the definition of “LA10,18h”;

(b)

omit paragraph 2(a).

Thérèse Coffey
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
EXPLANATORY NOTE
(This note is not part of the Regulations)

These Regulations amend the Environmental Noise (England) Regulations 2006 (S.I. 2006/2238) 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 No L 168, 1.7.2015, p 1).

These Regulations provide for new common noise assessment methods as set out in Annex 2 to Directive 2002/49/EC of the European Parliament and of the Council relating to the assessment and management of environmental noise (OJ No L 189 18.7.2002, p 12), the text of which was replaced by Commission Directive (EU) 2015/996.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.