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3.—(1) Subject to and in accordance with the provisions of these Regulations, where the use of a highway to which this Regulation applies causes or is expected to cause noise at a level not less than the specified level, the appropriate highway authority shall carry out or make a grant in respect of the cost of carrying out insulation work in or to an eligible building.
(2) For the purpose of this and the next following Regulation the use of a highway causes or is expected to cause noise at a level not less than the specified level if—
(a)the relevant noise level is greater by at least 1dB(A) than the prevailing noise level and is not less than the specified level, and
(b)noise caused or expected to be caused by traffic using or expected to use that highway makes an effective contribution to the relevant noise level of at least 1dB(A).
(3) This Regulation applies to—
(a)a highway, and
(b)a highway for which an additional carriageway has been or is to be constructed,
if the highway or additional carriageway was or will be first open to public traffic after 16th October 1972.
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