Statutory Instruments of the Scottish Parliament

"agglomeration" means an urbanised area having a population in excess of 100,000 people and a population density equal to or greater than 500 people per km2 and which is shown on a map or plan prepared and published by the Scottish Ministers in accordance with regulation 4;

"airport" means a civil airport;

"airport operator" means the person for the time being having, in relation to a particular airport, the management of that airport;

"calendar year" means a period of a year beginning on the 1st January;

(a) the noise indicators L_den and L_night in accordance with Annex I to the Directive; and

(b) the supplementary noise indicators in all cases listed as examples in paragraph 3 of Annex I to the Directive,

when making or revising strategic noise maps under this Part.

    (3) The values of L_den, L_night and the supplementary noise indicators shall be determined by means of the assessment methods set out in Schedule 2.

    (4) Subject to paragraph (5) existing noise indicators and related data may be converted into L_den and L_night.

    (5) The data referred to in paragraph (4) shall not be more than 3 years old.

    (6) "Supplementary noise indicator" means a noise indicator as defined in Schedule 3.

(a) first round agglomerations;

(b) first round major roads; and

(c) first round major railways.

    (2) No later than 30th June 2012, and thereafter every 5 years, the competent authority shall make and, in accordance with regulation 21, adopt strategic noise maps showing the situation in the preceding calendar year for all–

(a) agglomerations;

(b) major roads; and

(c) major railways.

    (3) Every 5 years, and whenever a major development occurs affecting the existing noise situation, the competent authority shall–

(a) review; and

(b) if necessary, revise

any strategic noise map made pursuant to paragraphs (1) or (2) and adopted pursuant to regulation 21.

"input data" means all the data and related information used to produce the numerical data in electronic form required by paragraph 3(2)(b) or 4(2)(b) (as appropriate) of Schedule 1;

(a) meet the objectives of–


(i) preventing and reducing environmental noise where necessary and in particular where exposure levels can induce harmful effects on human health; and

(ii) preserving environmental noise quality where it is good;



(b) be designed to manage noise issues and effects, including noise reduction if necessary;

(c) aim to protect quiet areas in first round agglomerations and agglomerations, as appropriate, against an increase in noise;

(d) identify and address priorities for meeting the objectives set out in sub-paragraph (a);

(e) apply in particular to the most important areas as established by strategic noise maps adopted pursuant to regulation 21; and

(f) meet the requirements in Schedule 4.

    (2) Paragraph (3) applies to–

(a) any action plan; and

(b) any revision of an action plan,

drawn up under this Part for a first round agglomeration or an agglomeration.

    (3) Any action plan and any revision of an action plan shall be based upon and apply in particular to the most important areas as established by–

(a) all strategic noise maps that–


(i) are adopted pursuant to regulation 21; and

(ii) concern any part of the area addressed by the action plan; and



(b) a consolidated noise map compiled pursuant to regulation 12(2) to the extent that it concerns any part of the area addressed by the action plan.

(a) places near first round major roads;

(b) places near first round major railways; and

(c) first round agglomerations.

    (2) No later than 18th July 2013 the competent authority shall draw up action plans for–

(a) places near major roads;

(b) places near major railways; and

(c) agglomerations.

    (3) Every 5 years, and whenever a major development occurs affecting the existing noise situation, the competent authority shall–

(a) review; and

(b) if necessary, revise,

action plans drawn up pursuant to paragraphs (1) or (2) and adopted pursuant to regulation 22.

(a) major airports; and

(b) other airports where air traffic from the airport results in air traffic noise of an L_den value of 55 dB(A) or greater or an L_night value of 50 dB(A) or greater anywhere in first round agglomerations or agglomerations,

(a) the public is consulted about proposals for action plans;

(b) the public is given early and effective opportunities to participate in the preparation and review of the action plans;

(c) the results of that public participation are taken into account;

(d) the public is informed of the decisions taken; and

(e) reasonable time frames are provided allowing sufficient time for each stage of public participation.

(a) has been adopted pursuant to regulation 22; and

(b) identifies a particular public authority as responsible for a particular action,

that public authority shall use all reasonable endeavours to take that action.

    (2) Paragraph (1) shall not have effect where a public authority, other than the Scottish Ministers–

(a) provides the Scottish Ministers and the competent authority (if not the Scottish Ministers) responsible for preparation of the action plan with written reasons for being unable to take the action for which it has been designated as responsible; and

(b) it publishes those reasons.

    (3) Paragraph (1) shall not have effect where the Scottish Ministers–

(a) are the public authority identified in an action plan as responsible for a particular action; and

(b) publish reasons for being unable to take the action for which they have been identified as responsible.

    (4) In this regulation "public authority" includes any person who exercises functions of a public nature, but does not include–

(a) the Scottish Parliament or a person exercising functions in connection with proceedings in the Scottish Parliament; or

(b) any person discharging or purporting to discharge any responsibilities of a judicial nature vested in that person, or a person discharging responsibilities in connection with the execution of judicial process.

(a) when necessary in order to meet its obligations under these Regulations; or

(b) when requested to do so by an external competent authority in relation to obligations arising under the Directive.

    (2) In this Part "external competent authority" means a competent authority designated in relation to England, Northern Ireland, or Wales for the purposes of Article 4 of the Directive.

(a) submitted to them pursuant to regulation 10 or 11;

(b) submitted to them pursuant to paragraph (4); or

(c) made or revised by them,

meets the requirements of regulation 5, they shall adopt the map.

    (2) If the Scottish Ministers consider that a strategic noise map submitted to them pursuant to regulation 10 or 11 or paragraph (4) does not meet the requirements of regulation 5 they shall–

(a) amend and adopt the map; or

(b) reject the map.

    (3) If a strategic noise map is rejected pursuant to paragraph (2)(b) the Scottish Ministers shall notify the competent authority that submitted it of–

(a) the reasons why the map was not adopted; and

(b) the date by which the map shall be revised and resubmitted.

    (4) The recipient of a notification under paragraph (3) shall submit the revised strategic noise map to the Scottish Ministers by the date specified in the notification.

    (5) If the Scottish Ministers amend a strategic noise map–

(a) submitted to them pursuant to regulation 10 or 11; or

(b) submitted to them pursuant to paragraph (4),

(a) shall be made in writing;

(b) may specify the format in which information shall be provided; and

(c) may specify the period of time within which a response shall be received.

    (3) If a competent authority receives a request pursuant to paragraph (1) it shall respond–

(a) within the time period specified pursuant to paragraph (2)(c); or

(b) if no such period is specified, within 14 days of receipt of the request.

    (4) Where–

(a) the Scottish Ministers have consulted the competent authority; and

(b) they consider that by reason of any act or omission, or any likely act or omission, by the competent authority–


(i) a requirement of these Regulations; or

(ii) a requirement imposed on the United Kingdom by the Directive,



is unlikely to be met, the Scottish Ministers may exercise such of the functions of the competent authority as they consider appropriate.

(a) strategic noise map that is made available to the public before it is adopted pursuant to regulation 21; or

(b) action plan that is made available to the public before it is adopted pursuant to regulation 22,

shall include prominently displayed wording identifying it as a draft subject to adoption by the Scottish Ministers.

    (2) Any–

(a) strategic noise map adopted pursuant to regulation 21;

(b) consolidated noise map compiled pursuant to regulation 12(2); or

(c) action plan adopted pursuant to regulation 22,

shall be published by the Scottish Ministers in accordance with the requirements of paragraph (3).

    (3) Any strategic noise map, consolidated noise map or action plan published pursuant to paragraph (2) shall be accompanied by a summary setting out the most important points.

    (4) Certified copies of such strategic noise maps, consolidated noise maps and action plans–

(a) shall be made available for inspection at such times and in such places as the Scottish Ministers may determine, and information on when and where such copies may be inspected shall be published by the Scottish Ministers in such a manner as they may determine;

(b) may be published on a website and in such other manner as the Scottish Ministers consider appropriate; and

(c) shall be provided by the Scottish Ministers, on request and for a reasonable charge.

"editable" means in a format that allows (without the need for manipulation) the electronic production of–

(a) numerical data in tables; and

(b) graphical plots,

to display the information described in paragraphs 1.5, 1.6, 1.7, 2.5, 2.6 and 2.7 of Annex VI to the Directive;

"grid" means a grid of vector points which are–

(a) at 10 metre by 10 metre intervals;

(b) spatially referenced to the British National Grid reference system used by the Ordnance Survey as a pair of integers to show Eastings then Northings in metres from the origin; and

(c) aligned with the 10 metre vertices of the British National Grid reference system used by the Ordnance Survey so that references finish with the number 0.

General requirements for strategic noise maps
     2. —(1) Strategic noise maps and their revisions shall–

(a) satisfy the minimum requirements laid down in Annex IV to the Directive; and

(b) be clear and comprehensible.

    (2) In applying sub-paragraph (1)(a) any reference in Annex IV to the Directive to–

(a) Article 8 of the Directive shall be taken to be a reference to regulations 13, 15 and 17 of these Regulations;

(b) Article 9 of the Directive shall be taken to be a reference to regulation 26 of these Regulations.

Requirements for strategic noise maps for agglomerations
     3. —(1) This paragraph applies only to–

(a) a strategic noise map made under regulation 7(1)(a), 7(2)(a), 11(2) or 11(3); or

(b) a revision of such a strategic noise map.

    (2) Strategic noise maps shall–

(a) include the information (in electronic format) described in paragraphs 1.1 to 1.4 inclusive of Annex VI to the Directive; and

(b) include editable numerical data in electronic form containing the values of L_den, L_night and the supplementary noise indicators on a grid.

Requirements for strategic noise maps for major roads, major railways and major airports
     4. —(1) This paragraph applies only to–

(a) any strategic noise map made under–


(i) regulation 7(1)(b) or (c),

(ii) regulation 7(2)(b) or (c),

(iii) regulation 10(2); or



(b) any revision of such a map.

    (2) Strategic noise maps shall–

(a) include the information (in electronic format) described in paragraphs 2.1 to 2.4 inclusive of Annex VI to the Directive; and

(b) include editable numerical data in electronic form containing the values of L_den, L_night and the supplementary noise indicators on a grid.

"assessment position" means the assessment height in paragraph 7 of Annex IV to the Directive; and

"L_A10,18h" is the arithmetic mean noise level in dB(A) exceeded for 10% of each hour over the period 06:00 24:00 hours;

"L_Aeq,16h" is the equivalent continuous sound level in dB(A) that, over the period 07:00 – 23:00 hours, contains the same sound energy as the actual fluctuating sound that occurred in that period;

"L_Aeq,18h" is the equivalent continuous sound level in dB(A) that, over the period 06:00 – 24:00 hours, contains the same sound energy as the actual fluctuating sound that occurred in that period; and

"L_Aeq,6h" is the equivalent continuous sound level in dB(A) that, over the period 24:00 – 06:00 hours, contains the same sound energy as the actual fluctuating sound that occurred in that period.

Road Traffic Noise
     2. The supplementary noise indicators in relation to road traffic noise are–

(a) L_A10,18h;

(b) L_Aeq,16h;

(c) L_day; and

(d) L_evening.

Railway Noise
     3. The supplementary noise indicators in relation to railway noise are–

(a) L_Aeq,16h;

(b) L_Aeq,18h;

(c) L_Aeq,6h;

(d) L_day; and

(e) L_evening.

Aircraft Noise
     4. The supplementary noise indicators in relation to aircraft noise are–

(a) L_Aeq,16h;

(b) L_day; and

(c) L_evening.

Industrial Noise and Port Noise
     5. The supplementary noise indicators in relation to industrial noise and port noise are–

(a) L_Aeq,16h;

(b) L_day; and

(c) L_evening.

(a) meet the minimum requirements of Annex V to the Directive;

(b) contain a summary covering all the important aspects referred to in Annex V to the Directive, not exceeding 10 pages in length; and

(c) be clear and comprehensible.

    (2) In applying sub-paragraph (1) any reference in Annex V to the Directive to–

(a) Article 5 of the Directive shall be taken to be a reference to regulation 5 of these Regulations;

(b) Article 8(7) of the Directive shall be taken to be a reference to regulation 18 of these Regulations.