HL Deb 25 July 1974 vol 353 cc1879-80

[Nos. 91 to 100.]

Clause 55, page 73, line 36, after "demolition", insert "or dredging."

Clause 55,page 74, line 17, leave out paragraph (c) and insert—

"(c) before specifying any particular methods or plant or machinery, to the desirability in the interests of any recipients of the notice in question of specifying other methods or plant or machinery which would be substantially as effective in minimising noise and more acceptable to them;"

Clause 55,page 76, line 30, after "purposes" insert:

", by a water authority in the exercise of any of its functions."

Clause 55,page 78, line 9, at end insert: "in accordance with regulations."

Clause 55,page 78,line 40, leave out subsection (8) and insert—

"(8) Provision may be made by regulations—

(a) for determining, or for authorising the Secretary of State to determine, the methods by which noise levels are to be measured for the purposes of any provision of this section and the three following sections; and

(b) for enabling noise levels calculated in accordance with the regulations, or in accordance with the directions of the Secretary of State, to be treated for those purposes as measured by a method determined in pursuance of the preceding paragraph".

Clause 63, page 82, line 10, leave out "in making" and insert ", before he makes."

Clause 63, page 82,line 11, leave out "ensure" and insert:

"consult persons appearing to him to represent producers and users of plant machinery with a view to ensuring".

Clause 68, page 85, line 43, leave out from beginning to "any" in line 1 on page 86 and insert "structural alteration, maintenance or repair of any railway line or siding or".

Clause 68,Page 86, line 3, at end insert—

"(1A) The area of a local authority which includes part of the seashore shall also include for the purposes of this Part of this Act, except sections 57 to 62 the territorial sea lying seawards from that part of the shore; and

(a) any questions as to whether a place is within the area of a local authority by virtue of this subsection shall be determined by the Secretary of State; and

(b) this Part of this Act (except sections 57 to 62 and this subsection) shall have effect, in relation to any area included in the area of a local authority by virtue of this subsection—

  1. (i) as if references to premises and the occupier of premises included respectively a vessel and the master of a vessel, and
  2. (ii) with such other modifications, if any, as are prescribed".

page 86, line 3, at end insert—

not confer functions on port health authorities".


My Lords, I beg to move that this House doth agree with the Commons in their Amendments Nos. 91 to 100. The most significant change to Part III is the Amendment to Clause 58 (No. 95). This concerns the method of measuring noise levels in noise abatement zones. In some circumstances it may be very difficult or impossible to measure the noise from a particular source because it is confused with noise from other sources. In such circumstances, it may be necessary to calculate the noise levels from the particular source from information about the nature of the noise source, and such other data as may be available. The Amendment enables the Secretary of State to make regulations permitting calculation instead of measurement in certain circumstances.

Other Amendments to Part III enable authorities to control noise from vessels where this affects people on the land, for example from dredging operations (Nos. 91 and 99). The position of Port Health Authorities in relation to noise is made clear by Amendment No. 100. There are a few other small Amendments in this part concerning consultations and definition (97 and 98).

My Lords, I beg to move that this House doth agree with the Commons in their Amendments.

Moved, That this House doth agree with the Commons in their Amendments Nos. 91 to 100.

On Question, Motion agreed to.