Simplifi’s March news letter

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 1^st 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 1^st 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 21^st 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 21^st 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 6^th 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 20^th 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 1^st 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 31^st 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 15^th 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 1^st 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 29^th 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 6^th 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 6^th April. This Order amends the Town and Country Planning (General Permitted Development) (England) Order 2015 (SI 2015/596).  The amendments include changes to definitions, modifications to time limits on periods for consideration of prior approval applications and amendments to  Class C, M, N, P and Q.

Plant protection

 SI 2018/286.  The Plant Health (Export Certification) (England) (Amendment) Order 2018.  Comes into force 6^th April.  Amends The Plant Health (Export Certification) (England) Order 2004 (SI 2004/1404 to provide for increases in the fees payable for services in respect of applications for phytosanitary certificates (including phytosanitary certificates for re-export) and related pre-export services.

SI 2018/320. The Plant Health (England) (Amendment) (No. 2) Order 2018.  Comes into force 1^st April.  This Order amends the Plant Health (England) Order 2015 (SI 2015/610) to implement EU Directives on the movement of seeds of Solanum tuberosum, on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community and on movement, storage and processing of certain fruits and their hybrids originating in third countries to prevent the introduction into the Union of certain harmful organisms.

Waste

 SI 2018/369.  The Waste Enforcement (England and Wales) Regulations 2018.  Comes into force 29^th March.  Amends the Environmental Protection Act 1990 (A 1990 c. 43) by inserting sections to give a waste regulation authority or waste collection authority the power to issue a notice in respect of removal of waste which is unlawfully kept or disposed of in or on land within the authority’s area. It also amends Environment Act 1995 (A 1995 c. 25) by inserting sections which give the Environment Agency and the Natural Resources Body for Wales the power to issue a “restriction notice” and to apply to the courts for a “restriction order”.  Such notices and orders prohibit access and the importation of waste to premises for a specified period.

 SI 2018/395. The Aggregates Levy (General) (Amendment) Regulations 2018. Comes into force 1^st April. These Regulations amend the Aggregates Levy (General) Regulations 2002 (SI 2002/761). The amendment to the definition of “disposed of to landfill” ensures that a credit remains available for the purposes of Aggregates Levy in respect of landfill disposals in any part of the United Kingdom, but that such disposal must be made at a landfill site that is authorised, licensed or permitted in accordance with environmental legislation.

SI 2018/396. The Landfill Tax (Miscellaneous Provisions) Regulations 2018.  Comes into force 1^st April. These Regulations amend the Landfill Tax Regulations 1996 (SI 1996/1527), in order to make those Regulations compatible with the extension of liability to landfill tax to places other than landfill sites under amendments made to the Finance Act 1996 (c. 8) by the Finance Act 2018 (c. 3). They also make further provision in relation to that extension of liability.

EU legislation

Nothing of relevance published

Eire legislation

Nothing of relevance published

Consultations

 HM Treasury is consulting on using the tax system or charges to address single-use plastic waste. Consultation closes 18^th May. https://www.gov.uk/government/consultations/tackling-the-plastic-problem. The government wishes to explore how changes to the tax system or charges could be used to reduce the amount of single-use plastics by reducing unnecessary production, increasing reuse and improving recycling. It would also like to explore how innovation in this area can be driven to achieve the same outcomes. All options will be considered for using the tax system to address single-use plastic waste and to drive innovation. The consultation covers the whole supply chain, from production and retail to consumption and disposal.

The European Commission is consulting on the ecodesign requirements for standby, networked standby and off mode electric power consumption. Consultation closes 24^th May. https://ec.europa.eu/info/consultations/public-consultation-ecodesign-requirements-standby-networked-standby-and-mode-electric-power-consumption-electrical-and-electronic-household-and-office-equipment_en. It is noted that products covered by this regulation include home appliances, consumer electronics and information technology equipment.

Prosecutions of note.

A recycling company has been fined £30,000 and ordered to pay costs of £30,000 following an explosion and fire at their site in Surrey. Eight people were injured as a result of the explosion, five seriously and a thirty-year-old worker was placed in an induced coma and remained in hospital for fifteen weeks.  An investigation found that the company had failed to ensure there was a safe system of work in place to reduce the risk of dangerous substances. The investigation also found that the company who designed the machinery which was used to in the recycling process, did not consider the likely misuse of the machine and that they had relied on generic data to determine whether an explosive atmosphere may arise.

In the news.

The RAIB (Rail Accident Investigation Branch) has published a report into the derailment of freight wagons at a busy junction in south London. https://www.gov.uk/government/news/report-042018-freight-train-derailment-at-lewisham.  The derailment occurred on recently re-laid track which was formed out of pre-fabricated modular units.  The cause of the derailment was a “track twist” which occurred because of the poor support given to the track bearers by the underlying formation and the flexibility of the joins between modules. The Chief Inspector of Rail Accidents commented “The designers of the new layout had not fully understood how this type of assembly could behave if the track bearers were not fully supported by the ballast”. He added “RAIB has investigated the interaction between poor track geometry and unevenly loaded trains several times before and has recommended action to deal with the problem. It is of concern that, although the railway industry has established a working group to examine these issues, it remains unclear how its findings will be translated into actions to mitigate the risk of freight train derailment”.

The Committee for Risk Assessment (RAC) of the European Chemicals Agency has proposed new occupational exposure limits for benzene, nickel and its compounds and acrylonitrile. https://echa.europa.eu/-/committee-for-risk-assessment-recommends-an-occupational-exposure-limit-for-benzene. Benzene is a genotoxic carcinogen, known to cause leukaemia. The proposed OEL of 0.05 parts per million will protect workers from leukaemia as well as other adverse health effects. RAC also proposed an OEL of 0.45 parts per million for acrylonitrile.  For nickel and its compounds, it proposed OELs of 0.005 mg/m3 for respirable dust and 0.03 mg/m3 for inhalable dust.