PART 3Environmental noise

Retention of function from Directive 2002/49/EC: power to update in light of scientific and technical progress16

1

The appropriate authority may, by regulations—

a

amend any enactment which makes provision corresponding to that made by a relevant provision;

b

make provision requiring (whether by amending an enactment, or otherwise) a reference to a relevant provision in any enactment (or a reference which encompasses a relevant provision) to be read as a reference to that provision with modifications.

2

But the appropriate authority may exercise the power in paragraph (1) only to the extent that the appropriate authority considers that it is appropriate to do so as a result of scientific and technical progress.

3

In paragraph (1), “relevant provision” means one of the following provisions of Directive 2002/49/EC of the European Parliament and of the Council relating to the assessment and management of environmental noise12—

a

point 3 of Annex 1 (supplementary noise indicators);

b

Annex 2 (assessment methods for noise indicators).

4

In this regulation, “appropriate authority” means—

a

for regulations applying in relation to England, the Secretary of State;

b

for regulations applying in relation to Wales, the Welsh Ministers;

c

for regulations applying in relation to Scotland, the Scottish Ministers;

d

for regulations applying in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs.

5

But the appropriate authority is the Secretary of State if consent is given by—

a

for regulations applying in relation to Wales, the Welsh Ministers;

b

for regulations applying in relation to Scotland, the Scottish Ministers;

c

for regulations applying in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs.