delete The Control of Noise (Code of Practice for Construction and Open Sites) (England) Order 2015
This Order approves parts of British Standards Institution code of practice BS 5228 (Part 1: Noise and Part 2: Vibration) as approved guidance for minimising noise and vibration from construction and open sites in England. It revokes the 2002 version of this same Order.
While this is technically only approving voluntary guidance, codes of practice function as de facto regulatory standards through tort liability — contractors following the code gain legal protection while those who don't face negligence claims. This creates locked-in demand for specific BSI standards with no competitive alternatives, stifling innovation in noise/vibration mitigation technology. The regulation addresses externalities that are already manageable through common law nuisance, making state-endorsed standards unnecessary. Furthermore, this represents the pattern of automatically transferring EU-influenced standards post-Brexit without democratic review, denying Parliament the opportunity to assess whether these particular standards serve British interests.