27th February 2018

SI 2018/243

The Landfill Tax (Wales) (Consequential and Transitional Provisions) Order 2018.  Comes into force 1st April.  These regulations devolve landfill tax to Wales. Specifically, it makes amendments to the Landfill Tax Regulations 1996 (SI 1996/1527) to reflect the timing for charging t landfill tax in Wales.

26th February 2018

February 2018 news letter

 

 

Dear Simplifi User,

Please find our February newsletter.

The 25th May is approaching fast (thirteen weeks) and we would remind you of the need for compliance with the General Data Protection Regulation (GDPR).  This is the European Union’s new legislation that will protect the personal data of all EU citizens. These rules will also apply to any companies processing any personal data of individuals within EU,

To avoid breeches of the new laws, see how quickly and easily you can start your GDPR journey go to;

www.simplifisolutions.co.uk and click on ‘GDPR’ The Simplifi Team

 

 

 

New legislation

Environmental permitting and protection

SI 2018/129.  The National Emission Ceilings Regulations 2018. Comes into force 1st July. These Regulations implement in the United Kingdom Directive 2016/2284/EU of the European Parliament and the Council relating to national emission ceilings for certain atmospheric pollutants. This Directive implements at the EU level obligations under the United Nations Economic Commission for Europe 1979 Convention on Long-Range Transboundary Air Pollution and its 1999 Protocol to Abate Acidification, Eutrophication and Ground-level Ozone, which was revised in 2012.

SI 2018/151. The Reduction and Prevention of Agricultural Diffuse Pollution (England) Regulations 2018. Comes into force 2nd April.  These Regulations set out provisions to reduce and prevent the pollution of waters from diffuse agricultural sources. These Regulations implement, along with other existing measures, Article 11(3)(h) of Directive 2000/60/EC establishing a framework for Community action in the field of water policy which requires Member States to implement basic measures to prevent or control the input of pollutants from diffuse sources.

SI 2018/171. The Littering From Vehicles Outside London (Keepers: Civil Penalties) Regulations 2018.  Comes into force 1st April.  These Regulations make provision for a litter authority to give a penalty notice to a person who is the keeper of a vehicle.

 

Merchant shipping

SI 2018/68. The Merchant Shipping (Prevention of Pollution from Noxious Liquid Substances in Bulk) Regulations 2018. Comes into force 12th March. These Regulations implement the revised version of Annex II of the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the MARPOL Convention.  Annex II contains regulations for the Control of Pollution by Noxious Liquid Substances in Bulk. As a consequence of these Regulations, the Merchant Shipping (Dangerous or Noxious Liquid Substances in Bulk) Regulations 1996 (SI 1996/3010) are revoked.

 

Radiation and radioactive substances

 SR 2018/17. The Ionising Radiation (Medical Exposure) Regulations (Northern Ireland) 2018.  Comes into force 6th February. These Regulations implement, as respects Northern Ireland, some of the provisions of Council Directive 2013/59/Euratom laying down basic safety standards for protection against the dangers from exposure to ionising radiation.

 

Waste

 WSI 2018/101 (W25). The Landfill Disposals Tax (Administration) (Wales) Regulations 2018.  Comes into force 1st.  The Landfill Disposals Tax (Wales) Act 2017 establishes a new tax, to be known as landfill disposals tax. The tax is to be charged on taxable disposals, which are defined in Chapter 2 of Part 2 of the 2017 Act. These Regulations make provision in connection with the administration of the tax.

WSI 2018/131 (W33). The Landfill Disposals Tax (Tax Rates) (Wales) Regulations 2018.  Comes into force 1st April. Sets the first standard rate, lower rate and unauthorised disposals rate for landfill disposals tax.

 

Amending legislation

 

Climate change.

 SSI 2018/40. The Carbon Accounting Scheme (Scotland) Amendment Regulations 2018. Comes into force 30th March. These regulations amend The Carbon Accounting Scheme (Scotland) Regulations 2010 (SSI 2010/216). Amendments provide for method for determining whether an amount of carbon units is to be credited to or debited from the net Scottish emissions account for 2016 and the information to be included in a register for 2016.

 

Environmental permitting and protection

 SI 2018/98.  The Fluorinated Greenhouse Gases (Amendment) Regulations 2018.  Comes into force 22nd February. These Regulations amend the Fluorinated Greenhouse Gases Regulations 2015 (SI 2015/310). The amendments include references to the following Commission Implementing Regulations adopted since the 2015 Regulations came into force—

Commission Implementing Regulation (EU) No 2015/2065; Commission Implementing Regulation (EU) No 2015/2066; Commission Implementing Regulation (EU) No 2015/2067; Commission Implementing Regulation (EU) No 2015/2068; Commission Implementing Regulation (EU) No 2016/879.

The Regulations also make provision for the appointment of certification, evaluation and attestation bodies by the Secretary of State, the disclosure of information on enforcement by HM Revenue & Customs to certain enforcing authorities and for the introduction of civil penalties in England, Scotland and for offshore installations.

SI 2018/110. The Environmental Permitting (England and Wales) (Amendment) Regulations 2018.  Comes into force 29th January. Amends the Environmental Permitting (England and Wales) Regulations 2016 (SI 2016/1154).

Part 2 of these Regulations adds provisions relating to medium combustion plants (“MCPs”). It transposes the Medium Combustion Plant Directive, which lays down rules to control emissions of sulphur dioxide, nitrogen oxides and dust from MCPs. The amendments require MCPs to comply with emission limit values for sulphur dioxide, nitrogen oxides and dust, subject to specified exceptions. Part 2 also introduces provisions in relation to certain generators (“specified generators”). These Regulations impose additional requirements in relation to specified generators, to further limit emissions of nitrogen oxides. Part 3 makes amendments to the Air Quality Standard Regulations 2010 (SI 2010/1001) and the Air Quality Standard (Wales) Regulations 2010 (WSI 2010/1433), as part of the transposition of the Medium Combustion Plant Directive. The amendments require that when preparing an air quality plan, the Secretary of State, or the Welsh Ministers, must consider whether to include measures imposing lower emission limit values for MCPs than those set out in the Medium Combustion Plant Directive, if that would make a noticeable improvement to air quality.

SI 2018/118.  The Climate Change Levy (General) (Amendment) Regulations 2018.  Comes in to force 1st April. These Regulations amend the Climate Change Levy (General) Regulations 2001 (SI 2001/838).  Amendments to Notes to paragraph 2 of Schedule 1.

SR 2018/33. The Pollution Prevention and Control (Industrial Emissions) (Amendment) Regulations (Northern Ireland) 2018. Comes into force 20th March.  These regulations amend the Pollution Prevention and Control (Industrial […]

26th February 2018

SR 2018/33

The Pollution Prevention and Control (Industrial Emissions) (Amendment) Regulations (Northern Ireland) 2018. Comes into force 20th March.  These regulations amend the Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013 (SR 2013/160). These Regulations introduce provisions relating to medium combustion plants (MCP), combustion plant with a rated thermal input equal to or greater than 1 megawatt but less than 50 MW. They transpose the European Union’s Medium Combustion Plant Directive, which lays down rules to control emissions of sulphur dioxide, nitrogen oxides and dust from MCPs.

23rd February 2018

Care home operator fined £120,000

A Shropshire care home operator has been fined £120,000 and ordered to pay costs of £41,997after the death of a vulnerable patient in one of its residences. The patient was found at the bottom of a flight of stairs leading to the cellar with his wheelchair on top of him. An investigation by the Health and Safety Executive (HSE) found that although the door to the cellar had a key pad latch and was fitted with a self-closing device it opened inwards directly onto the stairs without a sufficient landing area. The investigation also found that a risk assessment had not been produced for access and use of the cellar. The inspector commented that the door was in regular use by kitchen and maintenance staff and as the deceased was unlikely to have known the key pad number to the door, the door cannot have been properly closed and locked.