The Control of Noise (Code of Practice for Construction and Open Sites) (England) Order 2015

Statutory Instruments

2015 No. 227

Public Health, England

The Control of Noise (Code of Practice for Construction and Open Sites) (England) Order 2015

Made

11th February 2015

Laid before Parliament

13th February 2015

Coming into force

6th April 2015

The Secretary of State makes the following Order in exercise of the powers conferred by sections 71(1)(b), (2) and (3) of the Control of Pollution Act 1974(1).

Citation, commencement, extent and application E+W

1.—(1) This order may be cited as the Control of Noise (Code of Practice for Construction and Open Sites) (England) Order 2015 and comes into force on 6th April 2015.

(2) This Order extends to England and Wales but applies in England only.

Approval of code of practice E+W

2.  The following parts of the British Standards Institution code of practice for noise and vibration control on construction and open sites, numbered BS 5228, are approved for the purpose of giving guidance on appropriate methods for minimising noise from those sites:—

(a) Part 1: Noise, numbered BS 5228-1:2009, as amended by Amendment No. 1, which came into effect on 21st February 2014;

(b) Part 2: Vibration, numbered BS 5228-2:2009, as amended by Amendment No. 1, which came into effect on 3rd June 2014.

Revocation E+W

3.  The Control of Noise (Codes of Practice for Construction and Open Sites) (England) Order 2002(2) is revoked.

Dan Rogerson

Parliamentary Under Secretary of State

Department for Environment, Food and Rural Affairs

11th February 2015

EXPLANATORY NOTE

(This note is not part of the Order)

Under section 71 of the Control of Pollution Act 1974, the Secretary of State may give guidance on appropriate methods for minimising noise (which, pursuant to section 73 of that Act, includes vibration) by approving codes of practice. The Secretary of State is required to approve a code for the carrying out of works to which section 60 of the Act applies. Section 60 applies to construction works, which include building and road works, demolition, dredging and other works of engineering construction.

This Order (which applies only in England) approves the two parts of the British Standards Institution code of practice for noise and vibration control on construction and open sites. Open sites are defined in the code as sites where there is significant outdoor excavation, levelling or deposition of material.

This Order replaces the Control of Noise (Codes of Practice for Construction and Open Sites) (England) Order 2002.

An impact assessment and explanatory memorandum is published alongside this instrument at http://www.legislation.gov.uk/.

The approved code of practice is available to purchase from the BSI shop website at http://shop.bsigroup.com/ or can be obtained in person or by post from the Customer Services Sales Department at the British Standards Institution, BSI, 389 Chiswick High Road, London, W4 4AL; telephone [phone].

The ISBN numbers for the approved parts of the code of practice are as follows:

BS 5228-1:2009 (with Amendment No. 1) ISBN 978 0 580 77749 3

BS 5228-2:2009 (with Amendment No. 1) ISBN 978 0 580 77750 9

(1)

1974 c. 40.

(2)

S.I. 2002/461.