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The Noise Emission in the Environment by Equipment for use Outdoors Regulations 2001

Type Statutory-Instrument
Publication 2001-05-03
Last updated 2025-11-29
State In force
Department King's Printer of Acts of Parliament
Source legislation.gov.uk
PDF Download
articles Not indexed
Reform history JSON API
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This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

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This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

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This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

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This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

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This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

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This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

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This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

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This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

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This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

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This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

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This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

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This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

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This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

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This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

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This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

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This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

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This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

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This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

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This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

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This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Obligations which are met by complying with obligations in the Directive

12A
  • (1) In this regulation—
  • (a) any reference to an Article or an Annex is a reference to an Article of or an Annex to the Directive;
  • (b) “conformity assessment procedure” has the meaning given to it in Article 3(b).
  • (2) Paragraph (3) applies where, before placing equipment on the market or putting it into service in Great Britain, a responsible person—
  • (a) ensures that the equipment satisfies the requirements of the Directive concerning noise emission in the environment;
  • (b) ensures that the conformity assessment procedure that applies to the equipment in accordance with Article 14(1) or (2) has been carried out;
  • (c) ensures that the technical documentation referred to in Article 14 and Annexes V to VIII, and any other records and correspondence relating to the relevant conformity assessment procedure set out in those provisions, are prepared in or translated into English;
  • (d) ensures that the equipment bears a CE marking and an indication of the guaranteed sound power level in accordance with Article 11;
  • (e) draws up an EC declaration of conformity, in accordance with Article 8; and
  • (f) ensures that the EC declaration of conformity is prepared in or translated into English.
  • (3) Where this paragraph applies—
  • (a) the requirements of regulation 7(2) and (3) are to be treated as being satisfied;
  • (b) regulations 7(4), 11, 12, 16(1), 17 and 18 and paragraph 8 of Schedule 13 apply subject to the modifications in paragraph (4); and
  • (c) regulation 10 does not apply.
  • (4) The modifications referred to in paragraph (3)(b) are that—
  • (a) any reference to “declaration of conformity” is to be read as a reference to the EC declaration of conformity referred to in Article 8(1);
  • (b) any reference to “technical documentation” is to be read as a reference to the technical documentation referred to in Article 8(3);
  • (c) any reference to “UK marking” is to be read as a reference to the CE marking; and
  • (d) for the purposes of regulation 16(1)—
  • (i) the reference to regulation 7(2)(c) is to be read as a reference to Article 11(2);
  • (ii) the reference to regulation 7(2)(d) is to be read as a reference to Article 8(1); and
  • (iii) the reference to regulation 10 is to be read as a reference to Article 14(1) or (2).

Expiry of regulation 12A

12B
  • (1) In this regulation any reference to an Article or an Annex is a reference to an Article or an Annex of the Directive.
  • (2) Paragraph (3) applies where, before placing equipment on the market or putting it into service in Great Britain, a responsible person ensures that—
  • (a) the applicable requirements of Article 12 or 13 are met with respect to the equipment;
  • (b) the conformity assessment procedure that applies to the equipment in accordance with Article 14(1) or (2) has been carried out;
  • (c) the technical documentation referred to in Article 14 and in Annexes V to VIII has been drawn up;
  • (d) the technical documentation and any other records and correspondence relating to the applicable conformity assessment procedure are prepared in or translated into English.
  • (3) Where this paragraph applies—
  • (a) the requirements of regulation 7(2)(a) and (b) are to be treated as being satisfied;
  • (b) regulation 10 does not apply;
  • (c) regulations 7(2)(c), (4) and (5), 11, 16(1) and 17 and paragraph 8 of Schedule 13 apply subject to the modifications in paragraph (4);
  • (d) Schedule 5 applies subject to the modifications in paragraphs (4) and (5).
  • (4) The modifications referred to in paragraph (3)(c) and (d) are that—
  • (a) any reference to the “indication of the guaranteed sound power level” is to be read as a reference to the indication of the guaranteed sound power level referred to in Article 11 and Annex IV;
  • (b) any reference to “technical documentation” is to be read as a reference to the technical documentation referred to in Article 14 and Annexes V to VIII;
  • (c) for the purpose of regulation 16(1)—
  • (i) the reference to regulation 7(2)(c) is to be read as a reference to Article 11(2);
  • (ii) the reference to regulation 10 is to be read as a reference to Article 14(1) or (2).
  • (5) The modifications to Schedule 5 referred to in paragraph (3)(d) are—
  • (a) the reference to “conformity assessment procedure” is to be read as a reference to the conformity assessment procedure applied to the equipment in accordance with Article 14(1) or (2);
  • (b) the reference to “approved body” is to be read as a reference to any body which undertook a conformity assessment procedure in accordance with Article 14(1) or (2);
  • (c) any reference to “these Regulations” is to be read as including a reference to the Directive.

Qualifying Northern Ireland Goods

12C
  • (1) Where paragraph (2) applies the requirements in regulation 7(2) and (3) and regulations 10 and 11 are to be treated as being satisfied.
  • (2) This paragraph applies where equipment is—
  • (a) qualifying Northern Ireland goods; and
  • (b) meets the requirements of regulation 16, as it applies in Northern Ireland.
  • (3) In this regulation “qualifying Northern Ireland goods has the meaning given to it in regulations made under section 8C(6) of the European Union (Withdrawal) Act 2018.

Approved Bodies

Register of approved bodies

14A
  • (1) The Secretary of State must—
  • (a) assign an approved body identification number to each approved body; and
  • (b) compile and maintain a register of—
  • (i) approved bodies;
  • (ii) their approved body identification numbers;
  • (iii) the activities for which they have been approved; and
  • (iv) any restrictions on those activities.
  • (2) The register referred to in paragraph (1) must be made publicly available.

Fees

Conditions for equipment being taken to conform

Enforcement

Offences

Penalties

Defence of due diligence

Liability of persons other than the principal offender

Consequential amendments

Transitional provision in relation to EU Exit

23
  • (1) In this regulation—
  • “pre-exit period” means the period beginning with 3rd July 2001 and ending immediately before IP completion day;
  • “product” means equipment to which these Regulations apply.
  • (2) Subject to paragraph (3), where a product was made available on the market during the pre-exit period, despite the amendments made by Schedule 8 of the Product Safety and Metrology etc. (Amendments etc.) (EU Exit) Regulations 2019, any obligation to which a person was subject under these Regulations as they had effect immediately before IP completion day, continues to have effect as it did immediately before IP completion day, in relation to that product.
  • (3) Paragraph (2) does not apply to any obligation to take action outside of the United Kingdom in respect of that product.
  • (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Environmental correction K2A

SCHEDULE 12A — Approved body requirements

1
  • (1) The body, its director and its staff responsible for carrying out verification operations may be neither the designer, builder, supplier or installer of the equipment nor the authorised representative established in the United Kingdom of any of those parties. They may become involved neither directly nor as authorised representatives in the design, construction, marketing or maintenance of such equipment nor represent the parties engaged in these activities.
  • (2) Sub-paragraph (1) does not preclude the possibility of exchange of technical information between the manufacturer and the body.
2

The body and its staff must carry out the assessments and verifications with the highest degree of professional integrity and technical competence and must be free from all pressures and inducements, particularly financial, which might influence their judgement or the results of their work, especially from persons or groups of persons with an interest in the results of verification.

3

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