Dear Simplify User,

Simplify take the threat of cyber-attack seriously and as such conduct regular ‘Penetration’ testing of our systems. These tests ensure that Simplify continues to address the threat of cyber-attacks and protects our customers data to the highest compliance and regulatory standards.

These tests are carried out on a monthly basis and include testing for vulnerability of our operating systems, network devices, web servers, critical infrastructure and threats to compliance violations.

As a user, you should not experience any disruption to your service or see any changes to your information.

The Simplify Team

New legislation

Offshore

SI 2017/743. The Wireless Telegraphy (Mobile Communication Services on Ships) (Exemption) Regulations 2017.  Comes into force 2nd August.  These Regulations implement Commission Implementing Decision 2017/191/EU which amends Decision 2010/166/EU to introduce frequency bands for mobile communication services on board vessels in the European Union These Regulations revoke the Wireless Telegraphy (Mobile Communication Services on Board Ships) (Exemption) Regulations 2011 (SI 2011/316).  These Regulations exempt the use of wireless telegraphy apparatus, on board British registered vessels within the territorial waters of the British Isles, which complies with certain terms, provisions and limitations, from the requirement to be licensed under section 8(1) of the Wireless Telegraphy Act 2006 (c.36).

 

 

Amending legislation

Energy

SI 2017/727.  The Renewable Heat Incentive Scheme and Domestic Renewable Heat Incentive Scheme (Amendment) Regulations 2017.  Comes into force 31st July.  These Regulations amend the Renewable Heat Incentive Scheme Regulations 2011 (SI 2011/2860) and the Domestic Renewable Heat Incentive Scheme Regulations 2014 (SI 2014/928). Version 5.0 of the Microgeneration Installation Standard (http://www.microgenerationcertification.org/) is a relevant installation standard that applies to Microgeneration Certification Scheme contractors undertaking the supply, design, installation, set to work, commissioning and handover of microgeneration heat pump systems for the purposes of the Renewable Heat Incentive and Domestic Renewable Heat Incentive Schemes.

SI 2017/731. The Electricity (Exemptions from the Requirement for a Generation Licence) Order 2017.  Comes into force 4th August. This Order grants exemptions from section 4(1)(a) of the Electricity Act 1989 (which prohibits the generation of electricity for supply to any premises without a licence) in relation to eight electricity generating stations in Great Britain. The stations are;

Kype Muir Wind Farm, South Lanarkshire; Middle Muir Wind Farm, South Lanarkshire; Brockloch Rig Windfarm, Dumfries and Galloway; Heckington Fen Wind Park, Lincolnshire; Brechfa Forest West Wind Farm, Carmarthenshire; Ray Wind Farm, Northumberland; Cheshire Power Station, Cheshire; and Glyn Rhonwy Pumped Hydro, Gwynedd.

 

 SSI 2017/225. The Energy Performance of Buildings (Scotland) Amendment Regulations 2017.  Comes into force 1st October.  These Regulations amend the Energy Performance of Buildings (Scotland) Regulations 2008 (SSI 2008/309). These Regulations increase the fees payable under regulation 10A of the 2008 Regulations in respect of the entering of the energy performance data onto the register. The fee is increased from £1.15 to £2.60 where the data relates to a dwelling and from £5.36 to £12.10 where the data relates to another type of building or building unit.

Off shore.

SI 2017/720. The Offshore Installations (Safety Zones) (No. 3) Order 2017.  Comes into force 6th July. This Order establishes, under Section 22 of the Petroleum Act 1987, safety zones having a radius of 500 metres from the specified point around the four installations (which are subsea installations).  The installations are;

Kraken Drill Centre 4, Block 9/2b, Kraken Field, Horne and Wren, Block 53/3c. Horne and Wren Field, Edradour PLEM, Block 206/4a, Edradour Field Lancaster Manifold, Block 205/21a, Lancaster Field.

 

EU legislation

Nothing of relevance published during July

 

Eire legislation

Nothing of relevance published during July

 

Consultations

The Department for Health is consulting on proposed regulations on safety standards for protection against the dangers from medical exposures to ionising radiation. Consultation closes 31st July. https://www.gov.uk/government/consultations/regulations-on-medical-exposure-to-ionising-radiation

The Department for Business, Energy & Industrial Strategy is consulting on the implementation of the Radio Equipment Directive 2014/53/EU, which came into full effect on 13 June 2016. This consultation does not address the content of the Directive as this has already been negotiated and agreed and was previously consulted on.  Consultation closes on 14th August. https://www.gov.uk/government/consultations/radio-equipment-directive

The Marine and Coast Guard Agency is consulting on proposals for implementing an effective enforcement regime for the EU Ship Recycling Regulation through the proposed Ship Recycling (Requirements in relation to Hazardous Materials on Ships) Regulations 2017.  Consultation closes 15th September. https://www.gov.uk/government/consultations/consultation-on-the-draft-ship-recycling-regulations-2017

 

Prosecutions of note

A Sheffield steel manufacturer has been fined £1,000,000 with £58,000 costs following an incident in August 2013 when an employee was severely burnt as the result of an oxygen pipe explosion. The injured party was carrying out checks whilst working on the line and heard hissing from a valve. As he went to investigate the noise, the pipe and valve erupted in flames. An investigation by the Health and Safety Executive (HSE) found the oxygen pipe had been fitted with contaminated second-hand flanges and butterfly valve, containing materials unsuitable for use with oxygen. HSE stated that “It was foreseeable that work would at some point be undertaken on the oxygen pipelines which ran across the entire site, yet no action had been taken to take control of this line or to implement training or levels of responsibility for management of such work”.

A Manchester engineering firm has been fined £120,000 with £7,241 costs for failing to control the risk to employees using hand held power tools from Hand-Arm Vibration Syndrome (HAVS).  An HSE inspector said: “This is a case of the company failing to protect workers using vibrating tools. Exposure to hand arm vibration is a well-known risk which the company failed to adequately control. The company also failed to ensure workers were looked after when symptoms did arise leading to further exposure”.

HSE Annual fatality statistics.

The Health and Safety Executive (HSE) released its annual figures for work-related fatalities. The provisional annual data for work-related fatal accidents revealed that one hundred and thirty-seven workers were fatally injured between April 2016 and March 2017 (a rate of 0.43 per 100,000 workers), […]

 

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.

 

Dear Simplifi User,

Please find our September newsletter.

The Simplifi Team

 

 

 

New legislation

Criminal law

SI 2017/876. The Facilitation of Tax Evasion Offences (Guidance About Prevention) Regulations 2017. Coming into force 30th September. These Regulations bring into operation guidance prepared by the Chancellor of the Exchequer relating to the procedures that relevant bodies can put in place to prevent persons acting in the capacity of an “associated person” from committing UK tax evasion facilitation offences or foreign tax evasion facilitation offences.

Energy and renewables

SI 2017/897. The Alternative Fuels Infrastructure Regulations 2017. Comes into force 9th October.  These Regulations implement the requirements of Directive (2014/94/EU) of the European Parliament and of the Council of 22nd October 2014 establishing a common framework of measures for the deployment of alternative fuels infrastructure. The purpose of the Directive is to minimise dependence on oil and to mitigate the environmental impact of transport.

SI 2017/920.  The Nuclear Installations (Excepted Matter) Regulations 2017.  Comes into force 6th April 2018.  These Regulations prescribe the type of nuclear matter (“excepted matter”) that falls outside of the liability regime established under the Nuclear Installations Act 1965. These Regulations revoke the Nuclear Installations (Excepted Matter) Regulations 1978 (SI 1978/1779).

SI 2017/922. The Nuclear Installations (Insurance Certificate) Regulations 2017. Comes into force 15th September. These Regulations prescribe the particulars that must be included in the insurance certificate (otherwise known as the Certificate of Financial Security) to be provided when nuclear matter is transported out of the United Kingdom.

Amending legislation

 

Buildings

 

SI 2017/856. The Building (Amendment) Regulations 2017. Comes into force 1st October.  These Regulations amend the Building Regulations 2010 (SI 2010/2214). Regulation 2 updates the list of competent person schemes that appear in Schedule 3.

 

Energy and renewables

 

SI 2017/857. The Renewable Heat Incentive Scheme and Domestic Renewable Heat Incentive Scheme (Amendment) (No. 2) Regulations 2017. Coming into force 20th September.  These Regulations amend:

The Renewable Heat Incentive Scheme Regulations 2011 (SI 2011/2860). The Domestic Renewable Heat Incentive Scheme Regulations 2014 (SI 2014/928).

They make a number of changes to the SI 2011/2860 including: aligning biomass tariffs; amendments to biomass tariff tiering; and changes to the total expenditure, technology-specific expenditure and related figures for assessment dates from 31st October 2017. They also make a number of changes to SI 2014/928 including: limits on the maximum amount of heat that is eligible for support; increasing the tariffs for all technologies except solar thermal; changes to the technology-specific expenditure and related figures for assessment dates from 31st October 2017.

 

 

Offshore and petroleum

 

SI 2017/855.  The Petroleum and Offshore Gas Storage and Unloading Licensing (Amendment) Regulations 2017.  Coming into force 15th September. These Regulations amend:

the Petroleum Licensing (Production) (Seaward Areas) Regulations 2008 (SI 2008/225) the Offshore Gas Storage and Unloading (Licensing) Regulations 2009 (S. 2009/2813); the Petroleum Licensing (Exploration and Production) (Landward Areas) Regulations 2014 (SI 2014/1686); and the Petroleum Licensing (Applications) Regulations 2015 (SI 2015/766).

The model clauses in SI 2008/225 shall apply to all seaward area production licences granted on or after 15th September 2017. Amongst other changes, the amendments:

provide for the Initial Term of a licence to be divided into phases and for termination at the end of a phase when the criteria set out in the new model clause 4(1) to (3) have not been met; provide for termination on the expiry of any other deadline in the Work Programme for the Initial Term when the action required to be taken by that deadline has not been taken (new model clause 4(4)); provide for amendments to the Work Programme for the Initial Term to be agreed by way of notice from the Licensee and subsequent direction from the OGA, rather than by Deed of Variation (new model clause 4A); and provide for extension of the phases of the licence (new model clause 7). These are also to be agreed by way of notice from the Licensee and subsequent direction from the OGA, rather than by Deed of Variation.

 

EU legislation

Nothing of relevance published during September

 

Eire legislation

RI 2017/393. Sea Pollution (Control of Pollution by Noxious Liquid Substances in Bulk) (Amendment) Regulations 2017. Comes into force 5th September.  These Regulations amend the Sea Pollution (Control of Pollution by Noxious Liquid Substances in Bulk) Regulations 2008 (RI 2008/217) by substituting Schedule 1 to the which gives effect to Annex II of the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto (MARPOL 73/78).

RI 2017/396.  Waste Management (Farm Plastics) (Amendment) Regulations 2017. Comes into force 1st October. These regulations amend Waste Management (Farm Plastics) Regulations, 2001 (RI 2001/341) and are designed to assist in the improved recovery of waste farm plastics. The definition of farm plastics has been expanded to include two further materials, i.e. netting and bale twine.

RI 2017/400. The Waste Management (Tyres and waste tyres) Regulations 2017.  Comes into force 19th September. These Regulations replace the Waste Management (Tyres and Waste Tyres) Regulations 2007 and impose obligations on persons who supply tyres to the Irish market, whether as retailers, importers or manufacturers and on persons who manage waste tyres. These Regulations are designed to maximise the reuse, recycling and recovery of waste tyres.

 

Consultations

The Department for Business, Energy & Industrial Strategy is consulting on proposals for controlling the costs of biomass conversion and co-firing under the Renewables Obligation.  Consultation closes 26th October.  Views are sought on proposals for controlling the costs of non-grandfathered biomass conversion and co-firing units under the Renewables Obligation, to apply from 1 April 2018 (subject to the outcome of this consultation and Parliamentary approval). Th e two options proposed are a generator cap or a re-banding of support levels.

The Environment Agency is consulting on the formulation of a Standard Rule on unintentional receipt of radioactive materials and radioactive waste. Consultation closes 1st December.

The rule will cover the accumulation and disposal of radioactive […]