August newsletter

 Dear Simplifi User,

August has been a quiet month in the world we cover with just five pieces of British legislation published; three on energy, one on environmental protection and one on plant protection, one Irish piece published, on diving, and three consultations raised.

August, or at least the latter part of the month, on the Isle of Man is anything but quiet with the, one hundred and seventh, running of the Classic TT Races in full swing.  Readers may be interested to know that the TT races only happened because of the Isle of Man’s independence.

Around the turn of the century, motorcycle racing in Europe was in its infancy but nonetheless on the rise in popularity. The Motor Car Act 1903 (3 Edw.7, c. 36) increased the general speed limit to 20mph but this still put a serious brake on the aspirations of the young bloods of the day. Sir Julian Orde, the Secretary of the Automobile Club of Great Britain and Ireland, turned to the Isle of Man in hopes of finding more race-friendly authorities. The first ever TT was held in 1907 thanks to legislation passed in The Tynwald in 1904 which permitted road racing. Legislation covering the races, considered by some to be one of the most dangerous racing events in the world, continues to evolved with the most recent being AT11 2016, The Road Races Act 2016.

Northern Ireland also has many road races and these are also authorised by Statutory Instruments such as SR 2018/93 The Road Races (Tour of the Sperrins Rally) Order (Northern Ireland) 2018 and SR 2018/145 The Road Races (Eagles Rock Hill Climb) Order (Northern Ireland) 2018.

New legislation

Energy.

 SI 2018/898.  The Oil and Gas Authority (Offshore Petroleum) (Disclosure of Protected Material after Specified Period) Regulations 2018. Comes into force 13^th August.  These Regulations specify when protected material (as defined in the Energy Act 2016 (c. 20)) which has been obtained by the Oil and Gas Authority may be published or otherwise made available.

Amending legislation

 Energy

 SI 2018/895.  The Contracts for Difference (Miscellaneous Amendments) Regulations 2018.  Coming into force 24^th July. This Order amends:

• the Contracts for Difference (Allocation) Regulations 2014 (SI 2014/2011), by adding a clause (27A) covering remote island wind units.
• the Contracts for Difference (Definition of Eligible Generator) Regulations 2014 (SI 2014/2010), by amending certain definitions including the one for “waste”.

 SI 2018/896. The Renewables Obligation (Amendment) Order 2018. Coming into force 19^th July. This Order amends the Renewables Obligation Order 2015 (SI 2015/1947) to provide for an annual ROC cap and makes other minor amendments.

Environment.

SI 2018/942. The Environment, Food and Rural Affairs (Miscellaneous Amendments and Revocations) Regulations 2018. Coming into force 17^th September.  Makes very minor amendments, providing references to EU Regulations, to a wide range of statutory instruments.

Plant health

SI 2018/910.   This Order amends the Plant Health (England) Order 2015 (SI 2015/610).  Comes into force 21^st August.  It introduces emergency measures to prevent the introduction of Thaumetopoea processionea L. (the Oak Processionary Moth) into the area in England which is recognised as a protected zone for this harmful plant pest. In particular, the Order imposes additional requirements on the introduction of certain plants of Quercus L. into the protected zone and on their movement within that zone.

Revocation

Nothing published

EU legislation

Nothing published of relevance

Eire legislation

RI 2018/254.  Safety, Health and Welfare at Work (Diving) Regulations 2018.  Coming into force 1^st May 2019. The Regulations outline a framework of responsibilities, specify duty holders and define the specific duties of those persons engaged in the diving project e.g. clients, diving supervisor, diving contractor, divers and other persons. The Regulations put in place relevant, updated, streamlined and clearer safety, health and welfare provisions for all those diving at work. They expand on and replace the existing legislation and now apply to any diving project in which a person who dives is at work. The Safety in Industry (Diving Operations) Regulations 1981 (RI 1981/422) are revoked.

Consultations                                                    

DEFRA is consulting on ways to reduce non-exhaust transport emissions, specifically particulate matter emissions from brakes, tyres and road surface wear. Consultation closes 28^th September.  https://consult.defra.gov.uk/airquality/brake-tyre-and-road-surface-wear/.

The Department of Transport is consulting on reference amendments to the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009 (SI 2009/1348), as a result of the UK leaving the EU. Consultation closes 6^th September. The amendments proposed are technical in nature and will not change the dangerous goods regulatory framework for use within the UK. https://www.gov.uk/government/consultations/carriage-of-dangerous-goods-and-use-of-transportable-pressure-equipment-reference-changes

DEFRA is consulting on proposals to help households change to cleaner fuels for domestic burning of wood and solid fuels.  Consultation closes 12^th October. https://www.gov.uk/government/consultations/air-quality-using-cleaner-fuels-for-domestic-burning

Prosecutions of note.

A Norwich manufacturing firm has been fined £145,000 and ordered to pay costs of £65,900 after two employees, working with flammable substances in a spray booth, were killed by an explosion.  The two had sprayed several welded steel buckets that morning and were preparing for their next batch. Whilst cleaning or flushing a paint spray gun the flammable vapour generated was ignited by one of the various sources of ignition which were present at the scene. An explosion occurred, killing both workers.  An investigation by the Health and Safety Executive (HSE) found the immediate cause of the explosion to be the inconsistent and incomplete approach to health and safety by the company and its employees.

A Cardiff based company which maintains and repairs aircraft components has been fined £400,000 and ordered to pay costs of £39,620 after some one hundred around employees were exposed to Hand Arm Vibration (HAV) and developed Hand Arm Vibration Syndrome (HAVS) over a period of twenty-two years. At least thirty of these were exposed to risk of significant harm.  An investigation by the Health and Safety Executive (HSE) found that employees used a range of hand-held vibrating tools including orbital sanders, rivet guns, grinders and drills.  The HSE found that the company failed in their duty to implement a safe system of work in order to control exposure to vibration. In addition, employees failed to organise suitable health surveillance which would have identified early stage symptoms of the disease.