September news letter

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 30^th 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 9^th 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 6^th 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 15^th 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 1^st 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 20^th 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 15^th 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:

1. 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;
2. 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));
3. 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
4. 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 5^th 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 1^st 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 19^th 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 26^th 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 1^st December.

The rule will cover the accumulation and disposal of radioactive materials and radioactive waste and apply to operators of metal recycling facilities or any other facility which operates a radiation detection system and which may, inadvertently, receive radioactive materials and radioactive waste. The rules will also apply to the use of radiation detection systems by the UK Border Force.

Prosecutions of note

A Derbyshire-based company was fined £450,000 and ordered to pay costs of £71,778 as the result of the death of a worker, which occured in February 2015.  The nineteen-year-old man was driving a forklift truck during night time hours down a sloping roadway, when it overturned and he suffered fatal crush injuries.  An investigation by the Health and Safety Executive (HSE) found that the employee was not adequately trained nor was he wearing a seatbelt at the time of the FLT overturning. It was also found the company did not inform their employees of the speed limit on-site, had not put measures in place to control the speed of vehicles, and failed to have adequate lighting and edge protection in place to avoid FLTs overturning.

A Hull based bakery was fined £1million and ordered to pay costs of £30,000 following the death of self-employed electrical contractor who died following a fall from height.  The contractor fell from a step ladder whilst wiring a motor situated above a machine. The company had agreed this work activity could be completed using a stepladder which it had provided.

A supplier to the aerospace trade was fined £800,000 and ordered to pay costs of £5,119 when an employee suffered serious leg injuries.  An investigation by the Health and Safety Executive (HSE) into the incident, which occurred in January 2016, found that the company had failed to prevent access to dangerous parts of the milling machine on which the injured man was working.

A Lincolnshire based firm has been fined £300,000 and ordered to pay costs of £25,000 after a worker died when the fork lift truck he was driving overturned.  The court was told that at the time of the incident, in July 2014, the fork lift ran over a loose tyre in the road. The driver was crushed between the fork lift truck and the ground and later died from his injuries. He was not wearing a seat belt. An investigation by the Health and Safety Executive (HSE) found there was no company policy in place instructing workers to wear seatbelts when operating fork lift trucks. The investigation also found if the tyres had been stored securely this would have prevented them rolling onto the roadway and would have reduced the risk of the fork lift truck overturning.

In the news

The European Chemicals Agency has created a web page for the UK’s withdrawal from the European Union.  The ECHA states that from 30 March 2019 onwards, the UK will be a “third country” outside the EU. This date can only be changed by mutual agreement between Brussels and London. The withdrawal process is unique and unprecedented. https://echa.europa.eu/uk-withdrawal-from-the-eu