November 2018 newsletter

 Dear Simplifi User,

Recently we have had a couple of queries about legislation which has been revoked and replaced by new legislation in England (and possibly Wales) but is still valid in other parts of the United Kingdom.  One example is The Special Waste Regulations 1996 (SI 1996/972) which was, for England and Wales, revoked and replaced by The Hazardous Waste (England and Wales) Regulations 2005 (SI 2005/894), but is still valid in Scotland.  Another example is The Fire Precautions (Sub-surface Railway Stations) Regulations 1989 (SI 1989/1401), which for England only, have been revoked and replaced by SI 2009/782 Fire Precautions (Sub-surface Railway Stations) (England) Regulations 2009.

Simplifi will always highlight cases where legislation has been partially revoked in the “brief commentary” section for the legislation but will not show the legislation as revoked.

Further on waste, hazardous and, in Scotland, Special the regulators have published guidance covering England, Wales and Scotland, which can also be found in the guidance section of the Simplifi website.  However all use the same, WM3, methodology for classifying waste https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/719394/Waste-classification-technical-guidance-WM3.pdf

New legislation

Climate change

SI 2018/1205. The Climate Change Agreements (Amendment of Agreements) (EU Exit) Regulations 2018. Comes into force on Brexit day.  These Regulations make amendments to the umbrella and underlying agreements, which exist under the Climate Change Agreement Scheme established under Schedule 6 to the Finance Act 2000 (c.17).

Energy and renewables.

 SI 2018/1183.  The Electricity and Gas (Energy Company Obligation) Order 2018. Comes into force 7^th December. These Regulations establish the Energy Company Obligation scheme for the period to 31st March 2022 for the promotion of measures for reducing the cost to individuals of heating their homes.

Merchant Shipping

 SI 2018/1106. The Merchant Shipping (Work in Fishing Convention) Regulations 2018. Comes into force 31^st December.  These Regulations implement parts of the Work in Fishing Convention, 2007 (Cm 7375). They apply to United Kingdom fishing vessels wherever they may be and to fishing vessels in United Kingdom waters. They set a minimum age for working as a fisherman, work agreements and payments, repatriation, accommodation, food and medical care. They cover inspection of fishing vessels.  They also revoke and replace The Merchant Shipping (Provisions and Water) Regulations 1989 (SI 1989/102).

 SI 2018/1107. The Merchant Shipping (Work in Fishing Convention) (Survey and Certification) Regulations 2018. Comes into force on 30^th November with the exception of regulations 7 and 9 to 14 come into force on 30^th November 2019. These Regulations implement Articles 41 to 43 of the Work in Fishing Convention, 2006 (Cm 7375). They apply to United Kingdom fishing vessels wherever they may be and to other fishing vessels in United Kingdom waters. They cover survey of fishing vessels, the issuing of a Work in Fishing Convention Certificate and the requirement to carry such a certificate on board the vessel in question.

 SI 2018/1108.  The Merchant Shipping (Work in Fishing Convention) (Medical Certification) Regulations 2018.  Comes into force on 30th November. These Regulations cover the requirement for fishermen to possess medical fitness certificates and carry them on board the fishing vessel on which they are working. The also cover the issuing of such certificates and the requirement for fishermen to self-report medical conditions to a doctor.

SI 2018/1109. The Merchant Shipping (Work in Fishing Convention) (Consequential Provisions) Regulations 2018. Comes into force on 31^st December with the exception of regulation 3 which comes into force on 30^th November 2019. These Regulations make consequential amendments to Merchant Shipping Act 1995, SI1972/919; Merchant Shipping (Crew Agreements, Lists of Crew and Discharge of Seamen)(Fishing Vessels) Regulations 1972, SI 1972/1698; Merchant Shipping (Seamen’s Allotments) Regulations 1972, SI 1972/1701; Merchant Shipping (Seamen’s Wages and Accounts) Regulations 1972, SI 1979/97; Merchant Shipping (Repatriation) Regulations 1979, SI 1997/2962; Merchant Shipping and Fishing Vessels (Health and Safety at Work Regulations 1997 and SI 2004/1713; Fishing Vessels (Working Time: Sea-fishermen) Regulations 2004.

Plant Health, Biocides and Food.

SR 2018/184. The Plant Health Order (Northern Ireland) 2018. Comes into force 1^st December. This Order revokes and consolidates with amendments the Plant Health Order (Northern Ireland) 2006 (SR 2006/82) and replaces the Plant Health (Phytophthora ramorum) Order (Northern Ireland) 2005 (SR. 2005/23).

Waste

 SI 2018/1122.  The Ship Recycling (Requirements in relation to Hazardous Materials on Ships) (Amendment etc.) Regulations 2018. Coming into force 31^st December.  These Regulations bring into UK law parts of the EU Regulation on ship recycling (EU 2013/1257) which cover requirements which to the construction of a ship, the ship during its working life and its preparation for recycling.

Amending legislation

Energy and renewables.

 SSI 2018/352.  The Renewables Obligation (Scotland) Amendment Order 2018. Comes into force 20^th November. These Regulations amend Renewables Obligation (Scotland) Order 2009 (SSI 2009/140).   This Order lifts a restriction on the amount of electricity which can be produced by hydro generating stations without affecting eligibility for Scottish Renewable Obligation Certificates (SROCs).

 Environmental planning and pollution

 SI 2018/1227. The Environmental Protection (Miscellaneous Amendments) (England and Wales) Regulations 2018.  Comes into force 7^th January 2019.  These Regulations make amendments to the Environmental Protection Act 1990 (c. 43) and the Environmental Permitting (England and Wales) Regulations 2016 (SI 2016/1154).  Amendments to SI 2016/1154 cover new conditions for environmental permits authorising certain waste operations, amendments relating to flood risk activities and an amendment relating to radioactive substances activities.

WSI 2018/1216. The Environment, Planning and Rural Affairs (Miscellaneous Amendments) (Wales) Regulations 2018.  Comes into force 17^th December.  These Regulations make amendments in relation to Wales to a number of pieces of secondary legislation relating to the environment, planning and rural affairs.  Most relevant are amendments to the Environmental Damage (Prevention and Remediation) (Wales) Regulations 2009 (WSI 2009/995) and the Water Abstraction (Transitional Provisions) Regulations 2017 (SI 2017/1047).

Merchant shipping

 SI 2018/1202. The Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Miscellaneous Amendments) (EU Exit) Regulations 2018. Comes into force on Brexit day.  Makes very minor amendments to:

• Merchant Shipping and Fishing Vessels (Medical Stores) Regulations 1995
• Merchant Shipping and Fishing Vessels (Health and Safety at Work) Regulations 1997
• Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Employment of Young Persons) Regulations 1998
• Merchant Shipping and Fishing Vessels (Safety Signs and Signals) Regulations 2001
• Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Carcinogens and Mutagens) Regulations 2007
• Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Biological Agents) Regulations 2010
• Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Chemical Agents) Regulations 2010
• Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Artificial Optical Radiation) Regulations 2010.

Noise and nuisance.

SSI 2018/342.   The Environmental Noise (Scotland) Amendment Regulations 2018.  Comes into force 31^st December. These Regulations amend the Environmental Noise (Scotland) Regulations 2006 (SSI 2006/465) to implement Commission Directive (EU) 2015/996 establishing common noise assessment methods.

 SR 2018/190.  The Environmental Noise (Amendment) Regulations (Northern Ireland) 2018. Comes into force 31^st December. These Regulations amend the Environmental Noise Regulations (Northern Ireland) 2006 (SR 2006/387) to implement Commission Directive (EU) 2015/996 establishing common noise assessment methods.

 WSI 2018/1208.  The Environmental Noise (Wales) (Amendment) Regulations 2018. Comes into force 31st December.  These Regulations amend The Environmental Noise (Wales) Regulations 2006 (WSI 2006/2629) to implement Commission Directive (EU) 2015/996 establishing common noise assessment methods.

Plant Health, Biocides and Food.

 SI 2018/1120.  The Animal By-Products and Transmissible Spongiform Encephalopathies (England) (Amendment) (EU Exit) Regulations 2018. Comes into force on Brexit day. This Regulation makes minor amendments to The Transmissible Spongiform Encephalopathies (England) Regulations 2018 (SI 2018/731).

 SI 2018/1136. The Plant Health (England) (Amendment) (No. 5) Order 2018.  Comes into force 26^th November. The amendment extends article 19A of the Plant Health (England) Order 2015 (SI 2015/610) to plants of Olea europaea L.

SR 2018/186. The Materials and Articles in Contact with Food (Amendment) Regulations (Northern Ireland) 2018. Comes into force 29^th November. Amends The Materials and Articles in Contact with Food Regulations (Northern Ireland) 2012 (SR 2012/384). The Regulations enforce Commission Regulation (EU) 2018/213 on the use of bisphenol A in varnishes and coatings intended to come into contact with food and amending Regulation (EU) No 10/2011 as regards the use of that substance in plastic food contact materials.

Waste.

SI 2018/1214. The Waste Electrical and Electronic Equipment (Amendment) (No. 2) Regulations 2018.  Comes into force 1^st January 2019. These Regulations amend the Waste Electrical and Electronic Equipment Regulations 2013 (SI. 2013/3113) (the “WEEE Regulations”).

Forthcoming legislation.                                                                                                                                 

In preparation for Brexit the government has published statutory instruments in relation to environmental assessments and the planning regime. Before these statutory instruments are formally laid in Parliament, they have to go through a sifting process. These instruments make no substantive changes of policy, but when the UK leaves the European Union (EU) these instruments will ensure the continued smooth operation of the following regimes relating to the environment and the planning system:

• Environmental Impact Assessment – which aims to ensure that environmental considerations are taken into account at the development consent stage of the planning process
• Strategic Environmental Assessment – which aims to ensure that environmental considerations are taken into account at the strategic plan-making stage of the planning process
• Hazardous Substances Regulations – these ensure that the objectives of preventing major accidents, and limiting the consequences of such accidents, are taken into account in land-use planning

These instruments also make a small number of amendments to other planning legislation, for example where there are references to obligations in EU law which are redundant or no longer appropriate.

The amendments in these instruments will ensure that these regimes will continue to operate as they did before the date we leave the EU will not be retrospective, and so there will be no need to re-examine any decisions made before our EU exit purely as a result of these changes

Consultations

 DEFRA is consulting on changes to marine licensing exemptions. Consultation closes 14^th December. These cover new exemptions for:

• recovery of marine litter and abandoned, discarded or lost fishing gear by recreational divers
• use of vehicles or vessels to routinely remove marine litter by a Harbour Authority
• in-water hull cleaning of lightly fouled recreational vessels https://consult.defra.gov.uk/marine-planning-licensing-team/revisions-to-marine-licensing-exemptions/

DEFRA is consulting on updating the restriction of the use of certain hazardous substances (RoHS) in electrical and electronic equipment regulations to bring the amended EU directive 2017/2102 into UK law. Consultation closes 4^th December. https://consult.defra.gov.uk/waste-and-recycling/consultation-on-amendments-to-rohs-regulations/

The Environment Agency is consulting on revision of standard rule set SR2018 No 9 – medium combustion plant, to allow secondary abatement for tranche B specified generators.  Consultation closes 21^st December. https://www.gov.uk/government/consultations/environmental-permitting-standard-rules-consultation-no-18

The Environment Agency is consulting on revision of the current standard rules for flood risk activities and create three new ones.  Consultation closes 11^th January 2019. https://consult.environment-agency.gov.uk/fcrm/standard-rules-for-flood-risk-activities/

Consultation is being carried out on draft guidance to support The Offshore Environmental Civil Sanctions Regulations 2018. (SI 2018/800). https://www.gov.uk/government/consultations/the-offshore-environmental-civil-sanctions-regulations-2018-draft-guidance

Prosecutions of note.

A Chesterfield based company that manufactures cast iron bars has been fined £100,000 after one of its employees suffered a fractured leg after being struck by a forklift truck. An investigation by the Health and Safety Executive (HSE) found the company failed to identify through risk assessment there was potential for vehicle and pedestrian collision in area in question and so no control measures were implemented. The measures employed after the accident by the company demonstrated that there were reasonably practicable measures that could have prevented the accident.

A North East-based car parts manufacturer has been fined £134,000 when the component he was loading into a robotic cell was struck by the rising door and stabbed into his neck.