SI 2017/841.
21st August 2017SI 2017/855.
25th August 2017August news letter
Dear Simplify User,
Please find our August newsletter. With our MPs on their holidays and, more recently, agonising over health and safety arrangements for the refurbishment of the Elizabeth Tower there has been little legislative activity, so we don’t have much to report. Europe and Ireland and the courts seem to be equally quiet.
The Simplify Team
New legislation
Marine
SI 2017/825. The Merchant Shipping (Monitoring, Reporting and Verification of Carbon Dioxide Emissions) and the Port State Control (Amendment) Regulations 2017. Comes into force 1st October. These Regulations are made to support the operation of Regulation (EU) No. 2015/757 on the monitoring, reporting and verification of carbon dioxide emissions from maritime transport. They also amend Merchant Shipping (Port State Control Regulations) 2011 (SI 2011/2601) to make it a requirement for an inspection under those regulations to include a check that the ship is carrying a document of compliance with the regulations.
Water
SI 2017/841. The Water Infrastructure Adoption (Prescribed Water Fittings Requirements) (England) Regulations 2017. Comes into force 1st October. These regulations state that regulations 3 and 4 of the Water Supply (Water Fittings) Regulations 1999 are the conditions which water undertakers will agree with a person constructing or proposing to construct a water main or service pipe.
Amending legislation
Health and safety
SR 2017/156. The Health and Safety (First-Aid) (Amendment) Regulations (Northern Ireland) 2017. Comes into force 31st October. Amends Regulation 3(2) of the Health and Safety (First-Aid) Regulations (Northern Ireland) 1982 (SR 1982/429). This amendment removes the requirement for the Health and Safety Executive for Northern Ireland to approve the training and qualification of appointed first-aid personnel.
Marine.
SI 2017/837. The Merchant Shipping (Ship-to-Ship Transfers) (Amendment) Regulations 2017. Comes in to force 11th September. These Regulations amend The Merchant Shipping (Ship-to-Ship Transfers) Regulations 2010 (SI 2010/ 1228). The amendment to Regulation 6 exempts cargo transfers and bunkering operations from the general prohibitions contained in Regulation 3.
EU legislation
Nothing of relevance published during August
Eire legislation
Nothing of relevance published during August
Consultations
DEFRA is consulting on proposals to update the wording Security and Emergency Measures (Water Undertakers) Directions to take into account the new WSSL regime. Consultation closes 28th August. https://www.gov.uk/government/consultations/water-supply-and-sewerage-licensing-updating-security-and-emergency-measures-directions.
Department for Business, Energy & Industrial Strategy is consulting on nuclear third party liability and revised criteria for the definition of intermediate risk nuclear sites. Consultation closes 15th September. This consultation sets out revised criteria for the definition of intermediate risk nuclear sites in the draft Nuclear Installations (Prescribed Sites and Transport) Regulations. Sites which meet these criteria represent a lower risk of causing significant damage in the event of a nuclear incident. Therefore setting a lower level of liability recognises this lower risk and reduces the cost of operators’ mandatory insurance cover in line with this lower risk. Government is consulting on the revised definition because the earlier consultation on this subject raised a number of points that have now been addressed. https://www.gov.uk/government/consultations/defining-intermediate-risk-prescribed-sites-further-consultation
Prosecutions of note
A steel company was fined £930,000 and ordered to pay costs of £70,000 after the release, in June 2011, of toxic and flammable substances from its site on Humberside. The court heard that a large quantity of Benzole was released at an open site glass. The release resulted in a large flammable vapour cloud. An investigation by the Health and Safety Executive (HSE) found that the company failed to take the appropriate safety measures to prevent the release of the toxic and flammable chemical. It was found the company failed to address the risks which had previously been identified and the incident could have been entirely avoided if the company addressed these concerns.