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Jurisdiction: England
Commencement: 1st December 2023
Amends: The Environmental Permitting (England and Wales) Regulations 2016
From 1st December 2023, additional enforcement powers are given to the Environment Agency.
The Environment Agency may now issue monetary penalties and recover the costs of enforcement action, in accordance with Schedule 26A.
The Environment Agency must publish guidance on:
These Regulations apply to England only.
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Jurisdiction: England & Wales
Commencement: 1st October 2023
Amends: Building Safety Act 2022 (c. 30)
Various duties apply.
From 1st October 2023, the Building Safety Regulator (BSR) may recover the costs of action taken under the Building Act 1984 and the Building Safety Act 2022 (the Acts). This includes the costs of:
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Jurisdiction: UK
Commencement: 4th October 2023 & 1st January 2024
Amends: The Greenhouse Gas Emissions Trading Scheme Auctioning Regulations 2021
The legal framework for auctioning of emissions allowances under the UK Emissions Trading Scheme (UK ETS) is established by The Greenhouse Gas Emissions Trading Scheme Auctioning Regulations 2021
The UK Emissions Trading Scheme (UK ETS) implements the principals of emissions trading by allocating and trading greenhouse gas (GHG) emissions allowances to participants of the scheme. These Regulations set out the legal framework to allow auctioning of emissions allowances.
One allowance equals one tonne of carbon dioxide (CO2) equivalent. At the end of each year, installations must have enough allowances to account for their GHG emissions. They have the flexibility to buy additional allowances on top of their allocation, or to sell surplus allowances generated from reducing their emissions below their allocation at auction. An allowance allows a participant to emit 1 tonne of carbon dioxide equivalent.
The UK ETS was implemented in the UK by The Greenhouse Gas Emissions Trading Scheme Order 2020 (‘2020 Order’). It replaces the European Union Emissions Trading System (EU ETS) for UK participants, which also follows the principles of emissions trading. For more general information on the UK ETS and how it works for participants see the entry for the 2020 Order.
The UK ETS authority for these Regulations are the national authorities, which are:
The Regulations are made under the power in section 96 of the Finance Act 2020 to make Regulations on the allocation of emissions allowances in exchange for payment. They are equivalent to the provisions made around allowances for EU ETS by Regulation (EU) 1031/2010 on the timing, administration and other aspects of auctioning of greenhouse gas allowances.
As with the EU ETS, under the UK ETS auctioning continues to be the main means of introducing allowances into the market. Participants are also able to trade UK ETS emissions allowances on a secondary market. It is set out in Part 2 of the Regulations how bids are to be submitted and withdrawn, and how the auction clearing price is to be determined.
The minimum volume bid is one lot, and each lot auctioned must consist of 500 allowances. Each bid must state:
Each bid may only be submitted, modified or withdrawn during the bidding window set by the auction platform. Any unsold allowances can be added to the next four auctions up to a limit of 125% of their original volume.
The Auction Reserve Price (ARP) is set by these Regulations and this is the minimum price for which allowances can be sold at auctions. Bids below this price will not be accepted. The UK ETS has an ARP of £22. It is not intended that any changes will be made to the ARP before it is likely withdrawn as the scheme matures.
Auction Calendar
The auctioneer sets the auction calendar, including the bidding windows, individual volumes, auction dates, as well as the auctioned product, payment and delivery dates of the allowances to be auctioned in individual auctions each calendar year. The auction platform provider, ICE Futures, was appointed to host emissions auctions on behalf of the UK Government’s Department for Business, Energy and Industrial Strategy (BEIS), which has been appointed as the UK Auctioneer by the Treasury. ICE published the 2021 calendar for UK ETS auctions on 26th February 2021. The first UK ETS auction is 19th May 2021.
The appointed auction platform must publish the auction calendar for a year by 15th July of the preceding year or as soon as practicable after that date. The auction platform must also report transactions to the Financial Conduct Authority in order to provide appropriate regulatory oversight.
This legislation provides for fees and costs to be charged by the auction platform and auctions are to be monitored for issues such as market abuse, money laundering, terrorist financing or other criminal activity.
Auction participants will need to register with the appointed auction platform and must also hold a registry account in the UK Emissions Trading Registry. This registry system is used to ensure the accurate accounting of all allowances issued under the UK ETS, and it is used by operators to surrender allowances each year as required by the 2020 Order.
Cost Containment Mechanism
The Cost Containment Mechanism will be triggered if the average price for one allowance on secondary futures markets is more than:
If any of the above occur then the Treasury can authorise changing the distribution of allowances or increasing the volume of allowances to be auctioned at auctions within a calendar year.
Access to Auctions
Part 4 of the Regulations legislates access to auctions by participants and details the eligibility criteria and process for those applying to bid in auctions and participate in the auction platform’s secondary market. The appointed auction platform can refuse, revoke or suspend admission to bid in auctions.
There is a right of appeal set by these Regulations against decisions made by the auction platform, such as admissions to bid.
In order to move towards net-zero*, the number of carbon allowances auctioned from 2024 are reduced. The new allowances are set out in regulation 3.
From 2026, there will no longer be any free allocation** for aviation sectors.
*Net-zero is the Government’s commitment to cutting greenhouse gas emissions to as close to zero as possible.
**Free allocation is the process of distributing free carbon allowances to organisations. The alternative allocation method is via paid auction.
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Jurisdiction: UK
Commencement: 1st October 2023
Amends: The Plant Health (Official Controls and Miscellaneous Provisions) Regulations (Northern Ireland) 2020
The Plant Health (Official Controls and Miscellaneous Provisions) Regulations (Northern Ireland) 2020 allow competent authorities in Northern Ireland to enforce European Union (EU) Regulations in relation to plant health. They are supplementary to the following EU Regulations which are directly applicable in Northern Ireland:
The EU Plant Health Regulation and the EU Official Controls Regulation establish controls and restrictions which apply to the import into the EU, and the movement between EU Member States, of certain plants, plant pests and other material (such as soil) to help reduce biosecurity risk, strengthen the current plant health regime, and protect the environment from the spread of harmful pests and diseases.
Under the terms of the Northern Ireland Protocol, which forms part of the Brexit Withdrawal Agreement, Northern Ireland is treated as though it remains part of the EU (though technically it has left the EU along with the rest of the UK). This means that EU Regulations continue to be directly enforceable in Northern Ireland.
Despite the EU Regulations being directly applicable, these domestic Regulations are needed so that competent authorities in Northern Ireland are able to carry out duties around plant health. This includes enforcing both EU Regulations.
The competent authority in Northern Ireland is the Department of Agriculture, Environment and Rural Affairs (‘the Department’) who is responsible for the official controls for:
These Regulations revoke and replace The Plant Health (Official Controls and Miscellaneous Provisions) Regulations (Northern Ireland) 2019 (‘2019 Regulations’).Note that these Regulations are very similar to the 2019 Regulations with the main changes being that these Regulations remove unnecessary references and incorporate further EU Implementing Decisions that have come into force since the 2019 Regulations came into force in December 2019.
Various duties apply.
Starting from 1st October 2023, seed potatoes from Great Britain are allowed to be planted in Northern Ireland, provided they arrive in Northern Ireland with a Northern Ireland plant health label (NIPHL)*. The Windsor Framework (Plant Health) Regulations 2023 defines the label’s requirements.
*NIPHLs act as passports for plants, seeds and certain agricultural / forestry machinery and vehicles, enabling professional operators (i.e. growers and traders) to transport them from Great Britain to Northern Ireland as per the Windsor Framework agreement. The labels ensure these products are checked for pests and diseases and that they can be tracked easily.
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Jurisdiction: UK
Commencement: 14th October 2023
Amends: Climate Change Act 2008 (2008 ch. 27)
The Climate Change Act 2008 sets a target for the UK to reduce its greenhouse gas emissions and sets up the framework for this to be achieved. There are no direct compliance duties for organisations under this Act; however secondary legislation may be applicable.
Part 2 – The Committee on Climate Change
This establishes the Committee on Climate Change as an independent, non-departmental body to advise the Secretary of State. The Committee must make an annual report to Parliament on the progress made to meet the carbon targets and budget set in Part 1.
Part 3 – Trading schemes
Part 3 includes powers to enable the Government to introduce new trading schemes related to greenhouse gas emissions to be set up via secondary legislation.
Part 4 – Impact of, and adaptation to, climate change
The Secretary of State has a duty to carry out an assessment of the risks to the UK from the impact of climate change and provide reports every 5 years.
Part 5 – Other provisions
Other measures for the reduction of greenhouse gases are introduced, including for pilot waste reduction schemes, for regulations to be made relating to single use carrier bag charges, provisions to enable a renewable transport obligation scheme to be established under the Energy Act 2004, and for carbon emissions reduction targets to be set.
Part 6 – General supplementary provisions
This describes the territorial scope of provisions in the Act.
The Secretary of State’s response to the Committee on Climate Change (CCC) Report for 2023 must be presented to Parliament by the 31st October 2023, as required under section 36 of the Act.
A copy of the CCC’s 2023 Report to Parliament can be accessed here.
There are no duties for organisations.
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Producers of packaging are required to collect and report data on the amount and type of packaging that they place on the market in England from March 2023 (or January 2023 if they have this data).
A producer means an organisation operating in the UK as:
Packaging is any material that is used to cover or protect goods that are sold to consumers and includes anything that is designed to be filled at the point of sale, e.g. paper coffee cups.
A new regulatory position statement (RPS) has been issued regarding Packaging Waste (Data Reporting) (England) Regulations 2023 (the Data Regulations).
Organisations are now allowed to submit both packaging data reports by 31st May 2024 without the threat of enforcement action being taken. This extends the previous deadlines of 1st October 2023 for the first report and 1st April 2024 for the second report.
Although the dates of enforcement have been extended, organisations are still required to record and report the data starting from 1st March 2023 (or January 2023 if they have it).
Records of this must be kept for two years to show compliance with the RPS.
The decision to extend the deadline follows the Government’s decision to delay the payment regime under the EPR Regulations until October 2025, instead of October 2024.
It’s advised that companies take this time to collect the data and ensure that it is accurate.
Since the Grenfell Tower fire in June 2017, significant changes to the control of building work have been introduced in England as part of the Building Safety Act 2022. With additional legislation in effect from the start of October the phased roll out of changes for building regulations is close to completion.
From 1st October 2023 the Building Safety Regulator (BSR) is the sole control authority for building work involving higher-risk buildings (HRBs) in England. A HRB in England is defined as a building with 2 or more residential units and a height of 18 metres, or 7 storeys.
Local authorities and approved inspectors are no longer able to process new applications for HRB work in England, which requires approval from the BSR. Clients have a duty to ensure approval is given and to create and maintain key building information (golden thread information) through the life of a HRB.
Private businesses who wish to continue to oversee building work must register with the BSR by 6th April 2024 to be authorised as a registered building control approver (RBCA). When carrying out building control work, an RBCA must consult and consider the advice of a registered building inspector. The HSE provides guidance on the role of an RBCA, their legal duties and how to register here.
Inspectors must also register as a registered building inspector to carry out regulated building control activities including assessing plans, inspections and giving advice and guidance to the BSR, local authorities and RBCAs. After April 2024 it is a criminal offence to work as a building inspector without being registered. The HSE provides guidance on the role of a registered building inspector, legal responsibilities and how to register here.
Legislation in force from 1st October 2023 can be found on the Legislation Update Service and includes the following regulations:
Works on new and existing HRBs require building control approval from the Building Safety Regulator, rather than the local authority. Clients and wider dutyholders have specific duties as part of the new building control regime.
Clients, contractors, designers and approved inspectors must follow the framework of control for works involving HRBs as regulated by the BSR.
The BSR may recover the costs of action taken under the Building Act 1984 and the Building Safety Act 2022 (the Acts). This includes the costs of applications and registrations of HRBs, inspections and reviews and appeals.
These Regulations bring into effect a wide range of provisions under the Building Safety Act 2022, the majority of provisions for England made under the Act are now in force.
Makes amendments to the Building Act 1984 to cancel notices where work to a building becomes HRB work in line with the new building control regime.
Makes minor amendments to the wording of 14 local authority acts and the Clean Air Act 1993 to ensure consistency with the new building control regime.
Over 6 years on from the Grenfell Tower fire the majority of legal and procedural changes to improve building safety following Dame Judith Hackitt’s final report have been implemented in England, with proposed changes for Wales expected to be implemented in the near future.
Being a social enterprise, all profit our business earns is directly gifted to our parent charity, Newground Together. This means we’re continually inspired by heartwarming stories from our charity, such as Charles’* – a shining example of the positive impact your support makes.
Facing the challenge of fuel poverty, Charles recently participated in one of Newground’s workshops; his home had no electricity due to disconnection by the energy provider, leaving Charles in a tough spot – enduring cold conditions, consuming cold meals, and dealing with emotional distress.
Despite his best efforts, he couldn’t secure assistance from his landlord, and as he didn’t have any credit on his phone, he could not contact his energy supplier.
This is where Newgrounds, Greener Together team stepped in. In Charles’s case, our team discovered that his prepayment meter was out of credit, leading to an account in debt due to standing charges. Discussions with the energy supplier revealed that Charles had overlooked cashing in his monthly vouchers from the Energy Bills Support Scheme.
Luckily, newground quickly got these vouchers reissued and immediately accompanied him to a nearby PayPoint shop, where he obtained a key for his meter, allowing him to redeem the vouchers. With the help of these vouchers, charles only needed to pay an additional £6.20 to clear his debt and regain stability.
But newgrounds help didn’t stop there. Through their Warmer Together programme, they provided Charles with essentials such as a hat, gloves, throw, and snoodie to help him endure the colder times.
One week later, Charles returned, visibly transformed. Having the opportunity to wash and clean his clothes made a world of difference in his life. His gratitude was heartfelt as he shared, ‘I cannot tell you how much your assistance has helped.’
The impact of your support extends beyond these immediate needs. We connected Charles with additional resources, including signposting to counselling services and guidance from the nearby Citizens Advice, helping him secure more fuel vouchers.
Sharn Wightman, Community Programmes Coordinator at Newground Together, remarked, ‘The difference from the first time we saw Charles is remarkable. He still faces challenges, but he is no longer living in a cold home, and he now has coping mechanisms to navigate his situation. Charles is now eager to assist others who may find themselves in similar circumstances.’
Stories like Charles’s highlight the impact of your support. Through our social enterprise model, we offer professional environment, health, and safety compliance services in a competitive market. What makes us unique is that instead of profits going to shareholders, they are gifted to our charity, Newground Together. This approach reinforces our commitment to improving lives and communities, and it’s all thanks to your support.
*not real name
Jurisdiction: United Kingdom
Commencement: 16th August 2023
Amends: Finance Acts 1996 – 2023
The Finance Acts confirm and detail environmental taxes and duties, this includes:
Duties
Various duties apply.
All sections of Schedule 19 of The Finance (No. 2) Act 2023 that are not already in force, will come into effect on 25th August 2023.
This amendment has no direct relevance to environmental matters.
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Jurisdiction: England & Wales
Commencement: 6th April 2023
Amends: Highways Act 1980 (c. 66)
The Highways Act 1980 (c. 66) sets out powers of different classes of highway authorities. It defines their powers for the creation and maintenance of highways, their adoption and recovery of costs, control over interference with the highway, stopping up and regulation of use.
Section 161 covers the offence for lighting a fire not on a highway, but which subsequently causes interference with the highway.
Duties
The Highways Act does not apply to highways constructed using Channel Tunnel Rail Link Act 1996 (CTRL Act) powers as CTRL Act authorised the construction, alteration and stopping up of highways. The CTRL Act sets out the protective provisions for the local highway authority in relation to the approval of designs and specificiactions, consents to works and adoption of highways, highways structures and other highway features. CTRL Act disapplies paragraphs 141 (planting near to the highway), 167 (retaining wall near to highways), 169/1 scaffolding over or adjoining a highway.
In order to ensure continuity across legislation, technical changes are made.
The relevant authority* is required to notify the street works authority when it grants approval for a building application where the building is in an advance payments code area**.
Welsh Ministers are now provided with their own power to make amendments for Wales.
*The relevant authority is either the Building Safety Regulator or the local authority.
**An advance payment code area is an area where building developers are required to pay a fee to cover costs in case the development is not up to standards.
There are no changes to duties for organisations; the duties are held by the local authority.
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