Dear Simplifi User,

Please find our newsletter covering legislation published during June.

New legislation

Animal Health.

SI 2018/731. The Transmissible Spongiform Encephalopathies (England) Regulations 2018. Comes into force 19th July. These Regulations, which apply in England, revoke and remake with amendments the Transmissible Spongiform Encephalopathies (England) Regulations 2010 (SI 2010/801). These Regulations enforce Regulation (EC) No 999/2001 of the European Parliament and of the Council laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies.

Environment

SSI 2018/192.  The Regulatory Reform (Specification of Basic Safety Standards Directive) (Scotland) Order 2018.  Comes into force 27th June. This Order allows for the transposition of Council Directive 2013/59/Euratom, which lays down basic safety standards for protection against the dangers arising from exposure to ionising radiation and repeals Directives 89/618/Euratom, 90/641/Euratom, 96/29/Euratom, 97/43/Euratom and 2003/122/Euratom.

Amending legislation

Energy

SI 2018/635. The Renewable Heat Incentive Scheme and Domestic Renewable Heat Incentive Scheme (Amendment) Regulations 2018. Coming into force 20th June. These Regulations amend the Domestic Renewable Heat Incentive Scheme Regulations (SI 2014/928) and the Renewable Heat Incentive Scheme Regulations 2018 (SI 2018/611).  The amendment to SI 2014/928 allows a participant in the domestic RHI scheme to assign their right to receive RHI payments to a third-party investor.  The amendment to SI 2018/611 makes various changes to the non-domestic RHI scheme with particular reference to registration process for biomethane producers.

Environment

SI 2018/695.  The Town and Country Planning and Infrastructure Planning (Environmental Impact Assessment) (Amendment) Regulations 2018.  Comes into force 1st October. These Regulations make minor amendments to the Town and Country Planning (Environmental Impact Assessment) Regulations 2017 (S.I. 2017/571), the Infrastructure Planning (Environmental Impact Assessment) Regulation 2017 (S.I. 2017/572), the Town and Country, the Town and Country Planning (General Permitted Development) (England) Order 2015 (S.I. 2015/596) and the Town and Country Planning (Brownfield Land Register) Regulations 2017 (S.I. 2017/403).

Waste

WSI 2018/721.  The Hazardous Waste (Miscellaneous Amendments) (Wales) Regulations 2018. Comes into force 5th July.  These Regulations amend legislation which refers to Directive 2008/98/EC on waste.  The very minor amendments, as regards the hazardous property HP 14 ‘Ecotoxic’, are made to Environmental Protection Act 1990, Hazardous Waste (Wales) Regulations 2005 (WSI 2005/1806), Producer Responsibility Obligations (Packaging Waste) Regulations 2007 (SI 2007/871), Waste (England and Wales) Regulations 2011 (SI 2011/988) and Environmental Permitting (England and Wales) Regulations 2016 (SI 2016/1154).

Water.

SI 2018/706. The Water Supply (Water Quality) (Amendment) Regulations 2018. Comes into force 11th July.  These Regulations amend the Water Supply (Water Quality) Regulations 2016 (SI 2016/614). The amendments principally implement the requirements of Commission Directive (EU) 2015/1787 which amended Council Directive 98/83/EC on the quality of water intended for human consumption. The purpose of those amendments is to align the principles applying in the EU in respect of risk based sampling and analysis of drinking water with those of the World Health Organisation.

SI 2018/707. The Private Water Supplies (England) (Amendment) Regulations 2018. Comes into force 11th July.  These Regulations amend the Private Water Supplies (England) Regulations 2016 (SI 2016/618). The amendments principally implement the requirements of Commission Directive (EU) 2015/1787 (OJ L 260, 7.10.2015, p.6) which amended Council Directive 98/83/EC on the quality of water intended for human consumption.

Revocation

SI 2018/739. The Environment and Rural Affairs (Miscellaneous Revocations) Order 2018. Comes into force 11th July.  This Order revokes:

EU legislation

EU 2018/782. Commission Regulation EU 2018/782 establishing the methodological principles for the risk assessment and risk management recommendations referred to in Regulation (EC) No 470/2009.  Comes into force 18th June.  Regulation (EC) No 470/2009 lays down Community procedures for the establishment of residue limits of pharmacologically active substances in foodstuffs of animal origin. This Regulation sets out the methodological principles for the scientific risk assessment and risk management recommendations referred to in Articles 6 and 7 of that Regulation that shall be applied by the European Medicines Agency when preparing opinions on the MRLs of pharmacologically active substances which may be permitted in food of animal origin under that Regulation.

EU 2018/841.  Regulation EU 2018/841 on the inclusion of greenhouse gas emissions and removals from land use, land use change and forestry in the 2030 climate and energy framework, and amending Regulation (EU) No 525/2013 and Decision No 529/2013/EU. Comes into force 20th June. This Regulation applies to emissions and removals of the greenhouse gases listed in Section A of Annex I that occur in any of the land in accounting categories; afforested and de-afforested land, managed crop and grass land and managed forest land on the territories of Member States.

Eire legislation

RI 2018/197. European Communities (Carriage of Dangerous Goods by Road and Use of Transportable Pressure Equipment) (amendment) Regulations 2018. Comes into force 3rd July.  Amends Regulations 2, 10 1(f), 52, 53 and 56 of European Communities (Carriage of Dangerous Goods by Road and Use of Transportable Pressure Equipment) Regulations 2011 (RI 2011/349).

Consultations                                                    

The Department for Business, Energy and Industrial Strategy is consulting on proposals to amend environmental impact assessment regulations that apply to decommissioning of nuclear reactors. Consultation closes 20th June. The Nuclear Reactors (Environmental Impact Assessment for Decommissioning) Regulations (SI 1999/2892) require all civil nuclear reactor dismantling and decommissioning projects to obtain consent before being allowed to commence. This ensures that projects likely to have significant effect on the environment take due measures to protect and reduce their environmental impact. This consultation invites comments on proposals for implementing amendments of the European Union Directive on environmental impact assessments in so far as the Directive applies to consent […]

Dear Simplifi User,

Please find our newsletter covering legislation published during July.

New legislation

Act of Parliament

 A 2018 c.15 Nuclear Safeguards Act 2018.  Comes into force 26th June.  An Act to make provision about nuclear safeguards; and for connected purposes.  This is enabling legislation which empowers the Secretary of State to make regulations to:

The legislation also empowers the Secretary of State to amend three designated pieces of legislation. The Act makes amendments to Sections 72 and 112 of The Energy Act 2013 (A 2013 .c32) and adds sections 76A and B.

Environmental Permitting and Pollution.

SI 2018/764. The Non-Road Mobile Machinery (Type-Approval and Emission of Gaseous and Particulate Pollutants) Regulations 2018.  Comes into force 21st September.  These Regulations make provision in connection with Regulation (EU) 2016/1628 on requirements relating to gaseous and particulate pollutant emission limits and type-approval for internal combustion engines for non-road mobile machinery.

SI 2018/800.  The Offshore Environmental Civil Sanctions Regulations 2018.  Comes into force 1st October. These Regulations give the Secretary of State the power to impose civil sanctions by way of fixed and variable monetary penalties on persons in respect of certain criminal offences under the following—

SSI 2018/219.  The Environmental Authorisations (Scotland) Regulations 2018. Comes into force 1st September. These Regulations provide a framework for the authorisation of environmental activities in Scotland. They repeal the Radioactive Substances Act 1993 (1993 c.12), and provide a new regulatory framework for radioactive substances activities. These Regulations transpose provisions of Council Directive 2013/59/Euratom laying down basic safety standards for protection against the dangers arising from exposure to ionising radiation.

Transport

SI 2018/816.  The Cableway Installations Regulations 2018.  Comes into force 30th July. These Regulations provide for the regulation of cableways installations, pursuant to Regulation (EU) 2016/424 on cableway installations and for related enforcement.

Amending legislation

Environmental Permitting and Pollution

 SI 2018/798. The Offshore Combustion Installations (Pollution Prevention and Control) (Amendment) Regulations 2018.  Comes into force 27th June.  Amends the Offshore Combustion Installations (Pollution Prevention and Control) Regulations 2013 (SI 2013/971).  They transpose obligations in Directive (EU) 2015/2193 on the emissions of certain pollutants and in Part III of Directive 2010/75/EU on industrial emissions (integrated pollution prevention and control) insofar as those obligations apply to offshore combustion installations.

 SI 2018/834. The Nuclear Reactors (Environmental Impact Assessment for Decommissioning) (Amendment) Regulations 2018.  Comes into force 6th August. Amends the Nuclear Reactors (Environmental Impact Assessment for Decommissioning) Regulations 1999 (SI 1999/2892). These Regulations implement Directive 2014/52/EU amending Directive 2011/92/EU on the assessment of the effects of certain public and private projects on the environment in respect of the dismantling or decommissioning of nuclear power stations and other nuclear reactors.

Revocation

SI 2018/841. The CRC Energy Efficiency Scheme (Revocation and Savings) Order 2018.  Comes into force on 1st October.  This order, subject to certain conditions, revokes the CRC Energy Efficiency Scheme Order 2013 (SI 2013/1119), as amended. It also makes amendments to the CRC Energy Efficiency Scheme 2010 (SI 2010/768).

EU legislation

Nothing published of relevance

Eire legislation

RI 2018/184. European Union (Restriction of Certain Hazardous Substances in Electrical and Electronic Equipment) (Amendment) Regulations 2018.  Comes into force 6th June.  Amends the definition of “The Directive” in RI 2012/513 European Union (Restriction of Certain Hazardous Substances in Electrical and Electronic Equipment) Regulations 2012.

RI 2018/236. Sea Pollution (Prevention of Oil Pollution) (Amendment) Regulations 2018.  Comes into force 20th July.  Amends the Sea Pollution (Prevention of Oil Pollution) Regulations 2007 (RI 2007/788) to provide for an amendment to the form of the Supplement to the International Oil Pollution Prevention Certificate.

Consultations                                                    

 Public Health England is consulting on the draft National Radon Action Plan (NRAP) which addresses the health risks from public exposure to radon.  Consultation closes 27th July. The NRAP describes the national radon strategy and arrangements for managing exposure to radon in homes and workplaces, including the arrangements and approaches used to communicate information and guidance on radon from government and private industry to relevant groups such as members of the public and local authorities. https://www.gov.uk/government/consultations/uk-national-radon-action-plan

DEFRA is consulting on updated guidance for householders on meeting the duty of care for household waste.  Views are also requested on new guidance for local authorities on issuing fixed penalty notices for household waste duty of care offences.  Consultation closes 28th August. https://consult.defra.gov.uk/waste/consultation-household-waste-duty-of-care/

Department for Business, Energy & Industrial Strategy is consulting on the proposed regulations for a new domestic nuclear safeguards regime, following the UK’s withdrawal from Euratom. Consultation closes 14th September.  Following withdrawal from the European Atomic Energy Community (Euratom), the UK will be introducing new Nuclear Safeguards Regulations. This consultation seeks views on the operability and effectiveness of these draft Nuclear Safeguards Regulations.  https://www.gov.uk/government/consultations/nuclear-safeguards-regulations

Prosecutions of note.

A Leytonstone security fencing manufacturer has been fined £260,000 and ordered to pay £ 5,177 costs after an employee was seriously injured when a stack of fencing panels, which he had been manually loading into a shipping container, fell on him.   An investigation by the Health and Safety Executive (HSE), found that there had been two previous incidents of fencing falling on workers, which should have acted as a warning to the company that the loading procedure was dangerous.  The company now loads fencing using specially designed stillages, eliminating the need for workers to be inside the containers.

A Wrexham-based dairy firm has been fined £200,000 and ordered to pay costs of £4,267 after a worker was covered in hot caustic and steam resulting in serious […]

 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 13th 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 24th July. This Order amends:

 SI 2018/896. The Renewables Obligation (Amendment) Order 2018. Coming into force 19th 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 17th 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 21st 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 1st 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 28th 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 6th 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 12th 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 […]

The third edition of EH40/2005 has just been published (August 2018). This latest version of EH40 has been updated to include new and revised workplace exposure limits (WELs) introduced by the 4th Indicative OccupationalExposure Limit Values (IOELV) Directive.  A copy has been posted in the guidance section. http://www.hse.gov.uk/pubns/priced/eh40.pdf