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 […]
Dear Simplifi User,
Please find our newsletter covering legislation published during March, new consultations and some items of news which we hope you will find of interest.
The 25th May is now just eight weeks away and the General Data Protection Regulation (GDPR) is not going away. If you have not done so far, 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
Atomic energy and radioactive substances.
SI 2018/408. The Nuclear Security (Secretary of State Security Directions) Regulations 2018. Coming into force 1st October. These Regulations provide for the Secretary of State to give a direction to persons responsible for a civil nuclear site, nuclear or other radioactive material stored on part of a nuclear site, a nuclear construction site or other nuclear premises, the transport of nuclear material, or those persons holding sensitive nuclear information or equipment or software relating to uranium enrichment in response to certain types of urgent security threat. The power to direct arises where the Secretary of State is satisfied that those premises or that material or information is at risk from an imminent threat of terrorism, espionage, sabotage or theft. It also arises where the Secretary of State is satisfied that there is an imminent threat of sensitive nuclear information or equipment or software relating to uranium enrichment being compromised or disclosed.
Environmental protection
SI 2018/311. The Oil and Gas Authority (Levy) and Pollution Prevention and Control (Fees) (Amendment) Regulations 2018. Comes into force 1st April. These Regulations make provision for calculating and imposing a levy on the holders of petroleum licences for the period from 1st April 2018 to 31st March 2019 to meet costs incurred by the Oil and Gas Authority. The Regulations also make minor amendments to the Pollution Prevention and Control (Fees) (Miscellaneous Amendments and Other Provisions) Regulations 2015 (SI 2015/1431).
Health and safety.
SI 2018/389. The Gas Appliances (Enforcement) and Miscellaneous Amendments Regulations 2018. Comes into force 21st April. These Regulations provide for the enforcement of Regulation (EU) 2016/426 on appliances burning gaseous fuels. These Regulations revoke Gas Appliances (Safety) Regulations 1995 (SI 1995/1629).
SI 2018/390. The Personal Protective Equipment (Enforcement) Regulations 2018. Comes into force 21st April. These Regulations provide for the enforcement of Regulation (EU) 2016/425 on personal protective equipment. These Regulations also revoke SI 2002/1144 and amend a number of other health and safety regulations adding a new definition for “legal requirement”.
Plant protection
SI 2018/289. The Plant Health etc. (Fees) (England) Regulations 2018. Comes into force 6th April. These Regulations specify the fees payable in relation to plant health services and the certification of seed potatoes, fruit plants and fruit plant propagating material. They revoke and replace the Plant Health Fees (England) Regulations 2014 (SI 2014/601).
Road traffic
SI 2018/236. The Agricultural and Forestry Vehicles (Type-Approval) Regulations 2018. Comes into force 20th May. These Regulations make provision in connection with Regulation (EU) No 167/2013 on the approval and market surveillance of agricultural and forestry vehicles.
Waste
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.
Amending legislation
Climate change
SI 2018/306. The Greenhouse Gas Emissions Trading Scheme (Amendment) Regulations 2018. Comes into force 31st March. These Regulations implement Regulation (EU) 2017/2392 of the European Parliament and of the Council of 13 December 2017 amending Directive 2003/87/EC to continue current limitations of scope for aviation activities and to prepare to implement a global market based measure from 2021. The original Directive (2003/87/EC) is implemented in the UK by the Greenhouse Gas Emissions Trading Scheme Regulations 2012 (SI 2012/3038). These regulations require aircraft operators which fall within the scope of the EU Emissions Trading Scheme and are administered by the UK to monitor and report their aviation emissions each calendar year and then to surrender sufficient emissions trading allowances to cover those emissions. These Regulations amend SI 2012/3038.
SI 2018/374. The Renewable Transport Fuels and Greenhouse Gas Emissions Regulations 2018. Comes into force 15th April. These Regulations make various amendments to the Energy Act 2004 (A 2004 c.20), the Renewable Transport Fuel Obligations Order 2007 (SI 2007/3072) and the Motor Fuel (Road Vehicle and Mobile Machinery) Greenhouse Gas Emissions Reporting Regulations 2012 (SI 2012/3030).
Environmental protection
SI 2018/287. The Marine Works (Environmental Impact Assessment) and Marine Strategy (Amendment) Regulations 2018. Comes into force 1st April. These Regulations amend the Marine Works (Environmental Impact Assessment) Regulations 2007 (SI 2007/1518) and the Marine Strategy Regulations 2010 (SI 2010/1627). The amendments result from the transfer to the Welsh Ministers of certain functions relating to harbours that are wholly in Wales, and functions relating to marine licensing and marine conservation in the Welsh offshore area under the Marine and Coastal Access Act 2009 (c. 23).
Energy
SI 2018/255. The Energy Information (Amendment) Regulations 2018. Comes into force 29th March. These regulations amend the Energy Information Regulations 2011 (SI 2011/1524). References to Directive 2010/30/EU (the Directive on energy labelling and product information) on the consumption of energy and other resources by energy-related products are replaced by references to the EU Energy Labelling Regulation (EU 2017/1369) and alter the domestic enforcement regime for the labelling of energy-related products.
SI 2018/362. The Energy Performance of Buildings (England and Wales) (Amendment) Regulations 2018. Comes into force 6th April. Amends the Energy Performance of Buildings (England and Wales) Regulations 2012 (SI 2012/3118). Amendments to Regulation 2; definition of “personal data”, Regulation 27; amends fees for entering data, Regulation 32; clarification of how data may be accessed and Schedule B1.
Planning
SI 2018/343. The Town and Country Planning (General Permitted Development) (England) (Amendment) Order 2018. Comes into force 6th April. This Order amends the Town and Country Planning (General Permitted Development) (England) Order 2015 […]
Dear Simplifi User,
Please find our newsletter covering legislation published during April, new consultations and prosecutions which we hope you will find of interest.
The Simplifi Team
New legislation
Energy
SI 2018/514. The Oil and Gas Authority (Offshore Petroleum) (Retention of Information and Samples) Regulations 2018. Comes into force 14th May. These Regulations set out requirements for the retention of petroleum-related information and samples. The Regulations apply to information or samples which are held on the date the Regulations commence or which are acquired or created on or after that date.
Radioactive substances
SI 2018/482. The Ionising Radiation (Basic Safety Standards) (Miscellaneous Provisions) Regulations 2018. Comes into force 8th May. These Regulations result as part of the transposition of Council Directive 2013/59/Euratom, laying down basic safety standards for protection against the dangers arising from exposure to ionising radiation. They cover i) contaminated land and other exposure situations, ii) building material, iii) radon and iv) orphan sources.
Waste
SI 2018/442. The Landfill Tax (Disposals of Material) Order 2018. Comes into force 1st April. This Order gives effect to certain exemptions to Landfill Tax under amendments made to the Finance Act 1996. It implements a revised system for determining what is a ‘taxable disposal’ for the purposes of landfill tax and provides that the disposal of certain types of material is taxed as if that disposal took place at a place other than a landfill site when such disposal cannot be permitted or licensed under environmental legislation.
Amending legislation
Environmental permitting and protection
SI 2018/428. The Environmental Permitting (England and Wales) (Amendment) (No. 2) Regulations 2018. Comes into force 2nd May. These Regulations transpose provisions of the Basic Safety Standards Directive as it applies to radioactive substances activities, by amending the Environmental Permitting (England and Wales) Regulations 2016 (SI 2016/1154). These Regulations also make amendments not required for transposition but which removes unnecessary regulatory burdens.
SI 2018/430. The Justification of Practices Involving Ionising Radiation (Amendment) Regulations 2018. Comes into force 18th April. These Regulations amend The Justification of Practices Involving Ionising Radiation Regulations 2004 (SI 2004/1769). These Regulations are part of a package of measures to transpose Council Directive 2013/59/Euratom laying down basic safety standards for protection against the dangers arising from exposure to ionising radiation, and repealing Directives 89/618/Euratom, 90/641/Euratom, 96/29/Euratom, 97/43/Euratom and 2003/122/Euratom.
SI 2018/487. The Pollution Prevention and Control (Designation of the Medium Combustion Plant Directive) (Offshore) Order 2018. Comes into force 16th April. This Order designates Directive 2015/2193/EU on the limitation of emissions of certain pollutants into the air from medium combustion plants as a relevant directive for the purposes of paragraph 20(1)(b) of Schedule 1 to the Pollution Prevention and Control Act 1999 (c.24).
Land and contamination
SI 2018/429. The Radioactive Contaminated Land (Enabling Powers and Modification of Enactments) (England) (Amendment) Regulations 2018. Comes into force 18th April. These Regulations are part of a package of measures to transpose Council Directive 2013/59/Euratom laying down basic safety standards for protection against the dangers arising from exposure to ionising radiation, and repealing Directives 89/618/Euratom, 90/641/Euratom, 96/29/Euratom, 97/43/Euratom and 2003/122/Euratom. These Regulations amend The Radioactive Contaminated Land (Enabling Powers) (England) Regulations 2005 (SI 2005/3467) and The Radioactive Contaminated Land (Modification of Enactments) (England) Regulations 2006 (SI 2006/1379).
Health and safety
SI 2018/451. The Poisons Act 1972 (Explosives Precursors) (Amendment) Regulations 2018. Comes into force 3rd April. These Regulations amend Schedule 1A to the Poisons Act 1972 (c. 66) to include sulfuric acid in the list of regulated explosives precursors (above 15% wt for wt), aluminium powders and magnesium powders (each above a concentration threshold of 70%, with a particle size less than 200μm), and magnesium nitrate hexahydrate in the list of reportable explosives precursors.
Waste
SR 2018/91. The Waste (Fees and Charges) (Amendment) Regulations (Northern Ireland) 2018. Comes into force 7th May. Amends the Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations (Northern Ireland) 1999 (SR 1999/362) and Waste Management Licensing Regulations (Northern Ireland) 2003 (SR 2003/493). The purpose of these amendments is to increase the legislative fees and charges by about 14%.
EU legislation
Nothing of relevance published
Eire legislation
RI 2018/96. Waste Management (Tyres and Waste Tyres) (Amendment) Regulations 2018. Comes into force 26th March. Amends definitions of the terms “producer” and “placed on the market” in The Waste Management (Tyres and waste tyres) Regulations 2017 (RI 2017/400).
Consultations
DEFRA is carrying out an additional consultation on the new National Policy Statement for Water Resources. This consultation covers proposals for the types and sizes of infrastructure which should be considered as ‘nationally significant’. Consultation closes 26th April. This consultation contains five questions specifically relating to the types and sizes of infrastructure. The responses we receive will inform the final amendments to the Planning Act 2008 infrastructure thresholds. https://consult.defra.gov.uk/water/nps-infrastructure-types-and-sizes/
The Ministry of Housing, Communities & Local Government is consulting on changes to Approved Document B (fire safety). Consultation closes 25th May. The amendments are to statutory guidance on assessments in lieu of tests. https://www.gov.uk/government/consultations/approved-document-b-fire-safety-amendments-to-statutory-guidance-on-assessments-in-lieu-of-tests
DEFRA and the Welsh Government are consulting on proposals to make changes to some of the flood risk exemptions and exclusions in the Environmental Permitting (England and Wales) Regulations 2016 (SI 2016/1154). Consultation closes 20th June. https://consult.defra.gov.uk/flooding/environmental-permitting-regulations/.
The European Commission is consulting on potential measures for regulating the environmental impact of machine tools and welding equipment. Consultation closes 10th July. https://ec.europa.eu/info/consultations/public-consultation-potential-measures-regulating-environmental-impact-machine-tools-and-welding-equipment_en
Prosecutions of note.
A Midlands water company was fined £350,000 and ordered to pay Environment Agency costs of £68,100 following a pollution incident which resulted in estimated 30,000 dead fish and 5km of damaged ecology along the River Amber. The source of the pollution was found to be a release of sodium hydroxide from a water treatment works into the river.
A South-West England waste management company was fined £237,500 and ordered to pay costs of £128,400 after a fifty-six-year-old man was fatally injured in a lorry runaway incident at a hospital in Plymouth. Whilst coupling […]
Dear Simplifi User,
Please find our newsletter covering legislation published during May.
In line with the new GDPR rules coming in to force 25th May 2018, Simplifi Solutions Ltd have updated their Privacy Policy and we have sent this to you as a separate email.
Kind Regards
The Simplifi Team
New legislation
Data Protection
A 2018 c.12. Data Protection Act 2018. Comes into force 23rd May. This Act regulates the processing of information relating to individuals, specifies the functions of the Information Commissioner and sets up a direct marketing code of practice.
Environmental permitting and protection
SSI 2018/162. The Environmental Protection (Micro, beads) (Scotland) Regulations 2018. Comes into force 19th June. These Regulations prohibit the use of microbeads as an ingredient in the manufacture of rinse-off personal care products and the sale of any such products containing microbeads.
Amending legislation
Energy
SI 2018/610. The Domestic Renewable Heat Incentive Scheme (Amendment) Regulations 2018. Comes into force 22nd May. These Regulations amend the Domestic Renewable Heat Incentive Scheme Regulations 2014 (SI 2014/928). These Regulations insert a new Part 3A, which provides for the assignment of the right to receive RHI payments. They introduce requirements for heat pumps to have electricity meters installed and exclude meters fitted to comply with those requirements from metering and meter positioning requirements. They simplify the calculation of a plant’s initial tariff and they change the structure of metering and monitoring agreement payments. They withhold metering and monitoring payments where there are reasonable grounds to suspect that specified metering and monitoring registration requirements are not being met.
SI 2018/611. The Renewable Heat Incentive Scheme Regulations 2018. Comes into force 21st May. These Regulations are revoke and replace by the Renewable Heat Incentive Scheme Regulations 2011 (SI 2011/2860). These Regulations re-enact the 2011 Regulations with amendments. The premise remains the same: owners of plants which generate heat from specified renewable sources and meet specified criteria may receive payments at prescribed tariffs for the heat used for eligible purposes. Payments may also be made to biomethane producers who produce biomethane for injection. The Regulations confer functions on the Gas and Electricity Markets Authority in connection with the administration of the Scheme.
Environmental permitting and protection
SI 2018/527. The Bathing Water (Amendment) (England) Regulations 2018. Comes into force 21st May. These Regulations amend the Bathing Water Regulations 2013 (SI 2013/1675) which implement, in England and Wales, Directive 2006/7/EC concerning the management of bathing water quality. Part 1 of Schedule 2 is amended to include nine surface waters newly identified by the Secretary of State as bathing waters in England and to omit two surface waters no longer identified by the Secretary of State as bathing waters in England. The names of 20 English bathing waters already listed in Part 1 of Schedule 2 are also amended.
SI 2018/575. The Environment, Food and Rural Affairs (Miscellaneous Amendments) (England) Regulations 2018. Comes into force 1st June. These Regulations make amendments in relation to England to a number of pieces of secondary legislation within the remit of the Department for Environment, Food and Rural Affairs. Several provisions reflect an amendment to Annex 3 to Directive 2008/98/EC. Amendments are made to:
the Nitrate Pollution Prevention Regulations 2015 (SI 2015/668) to correct a reference relating to the methodology used for calculating nitrate concentration in water bodies. the Water Abstraction (Transitional Provisions) Regulations 2017 (SI 2017/1047) to correct an error in the description of what circumstances qualify as granting a more limited abstraction licence than that applied for.The Regulations make other miscellaneous minor amendments to legislation in the fields of agriculture, animal health and welfare, environmental protection, food, horticulture, plant health, sea fisheries, seeds, waste and water, in particular amending out of date references to domestic legislation and to EU instruments.
Planning
SSI 2018/142. The Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 2018. Comes into force 1st July. This Order amends the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 (SSI 1992/223). The amendments provide that, other than in certain specified cases, permitted development rights do not apply where the existing fish farm is the result of unlawful placement or assembly of equipment. Conditions are altered relating to the scale of permitted development and remove the need for prior notification where there is like for like replacement of equipment.
WSI 2018/552. The Building (Amendment) (Wales) Regulations 2018. Comes into force 1st November. These Regulations amend the Building Regulations 2010 (SI 2010/2214) with respect to water efficiency.
WSI 2018/554. The Town and Country Planning (General Permitted Development) (Amendment) (Wales) Order 2018. Comes into force 30th May. This Order amends the Town and Country Planning (General Permitted Development) Order 1995 (SI 1995/418) in relation to Wales. Article 2 of this Order extends the date by which relevant developments must be completed by to 30th May 2019.
WSI 2018/558. The Building Regulations &c. (Amendment) (Excepted Energy Buildings) (Wales) Regulations 2018. Comes into force 8th June. These Regulations amend the Building Regulations 2010 (SI 2010/2214) and the Building (Approved Inspectors etc.) Regulations 2010 (SI 2010/2215) in relation to excepted energy buildings in Wales.
Plant health, biocides and food.
SI 2018/591. The Common Agricultural Policy (Control and Enforcement, Cross-Compliance, Scrutiny of Transactions and Appeals) (Amendment) (England) Regulations 2018. Comes into force 15th May. Amends Common Agricultural Policy (Control and Enforcement, Cross-Compliance, Scrutiny of Transactions and Appeals) Regulations 2014 (SI 2014/3263) with respect to the final date on which a single application, aid application or payment claim may be submitted.
Radioactive substances
SR 2018/116. The Radioactive Substances (Modification of Enactments) Regulations (Northern Ireland) 2018. Comes into force 1st June. These Regulations are part of a package of measures to transpose Council Directive 2013/59/EURATOM laying down basic safety standards for protection against the dangers arising from exposure to ionising radiation and repealing Council Directive 89/618/Euratom, 94/491/Euratom, 96/29/Euratom, 97/43/Euratom and 2003/122/Euratom (the Basic Safety Standards Directive). They amend, with respect to Northern Ireland, Radioactive Substances Act 1993 (A 1993 c.12), Radioactive Substances Exemption (Northern Ireland) Order 2011 […]