July news letter

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 26^th 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:

1. ensure that qualifying nuclear material, facilities or equipment are only available for use for civil activities elsewhere), and
2. give effect to provisions of a relevant international agreement.

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 21^st 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 1^st 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—

1. the Merchant Shipping (Oil Pollution Preparedness, Response and Co-operation Convention) Regulations 1998 (SI 1998/1056);
2. the Offshore Chemicals Regulations 2002 (SI 2002/1355);
3. the Offshore Installations (Emergency Pollution Control) Regulations 2002 (SI 2001/1861);
4. the Offshore Petroleum Activities (Oil Pollution Prevention and Control) Regulations 2005 (SI 2005/2055); and
5. the Offshore Combustion Installations (Pollution Prevention and Control) Regulations 2013 (SI 2013/971).

SSI 2018/219.  The Environmental Authorisations (Scotland) Regulations 2018. Comes into force 1^st 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 30^th 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 27^th 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 6^th 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 20^th 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 27^th 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 28^th 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 14^th 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 injuries.  An investigation by the Health and Safety Executive (HSE) found the company had failed to ensure the safe isolation of plant and pipework before work commenced. The company had relied on informal risk control systems and arrangements which were no longer sufficient for a business of its size.

In the News

REACH after BREXIT

HSE announce that subject to conclusion and ratification of the draft Withdrawal Agreement, an implementation period will start on 30 March 2019 and last until 31 December 2020. During the implementation period and subject to finalisation of the Withdrawal Agreement:

• Registrations, approvals, authorisations and classifications in place before March 2019 will continue to be valid during the implementation period in the same way that they are now.
• REACH will continue to apply to the UK during the implementation period.
• The process for registering new chemicals under REACH during the implementation period will remain the same as it is now, which will require UK companies to register with the European Chemicals Agency (ECHA).
• During the implementation period, the UK will recognise all new registrations, approvals, authorisations and classifications granted by the EU.
• During the implementation period, we expect that HSE will not be able to act as a ‘leading authority’ to conduct certain assessments under the Plant Protection Products, Biocides and REACH regulations. We will work with affected businesses to minimise disruption and delay to their ongoing assessments.
• UK-based businesses will have the same rights during the implementation period as EU-based businesses to have their cases accepted and processed by ‘leading authorities’ based in other EU member states.
• HSE will continue to process product applications under the Biocidal and Plant Protection Products Regulation for the UK market under the national authorisation route during the implementation period. Any applications will be considered against the current rules and standards.