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Jurisdiction: Great Britain
Commencement: 19th July 2023
Amends: GB Retained: Regulation (EC) 1907/2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH)
Regulation (EC) No 1907/2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (the “REACH” Regulation) concerns the registration, evaluation, authorisation and restriction of chemicals. The Regulation places duties primarily on the manufacturers and importers of chemical substances. There are also duties and restrictions on downstream users of some very hazardous chemicals.
Application in Great Britain
Following the UK’s departure from the European Union (EU), the European Union (Withdrawal) Act 2018 incorporated all directly acting EU Regulations into law in Great Britain (GB). The GB versions of those EU Regulations have been amended to revise various definitions, terminology, authorities, etc. to GB rather than EU references and to provide for regulation and enforcement by GB rather than EU bodies. This entry describes the GB version of the REACH Regulation.
N.B. HSE guidance refers to ‘UK’ REACH’, even though UK REACH applies only in Great Britain. In order to remain consistent with HSE documentation, this summary uses the same terminology i.e. ‘UK’ REACH but it is important to note that UK REACH only applies in Great Britain.
Application in Northern Ireland
Although Northern Ireland has also left the EU, under the terms of the Northern Ireland Protocol, the EU version of REACH continues to apply in Northern Ireland, not the UK version. There are however different arrangements for certain goods imported from Northern Ireland into GB. See the section about transitional arrangements and Northern Ireland in the duties section below.
Application to all substances
REACH concerns all chemical substances whether or not they are hazardous. However, certain substances are excluded entirely or almost entirely from REACH including radioactive substances, waste, food and food stuffs, cosmetics and medicines.
The REACH Regulation complements the GB version of Regulation (EC) No 1272/2008 on classification, labelling and packaging of substances and mixtures (the ‘GB CLP Regulation’). Both apply duties primarily to manufacturers, importers and suppliers. There are also some more limited implications for downstream users. Organisations involved in manufacture and supply of chemicals need to be familiar with both Regulations.
Registration
Organisations which manufacture or import into GB 1 tonne or more of any chemical substance (whether or not it is hazardous) have a duty to gather information on the properties of the substance and register the information in a central database managed by the Health and Safety Executive (“HSE”). An organisation which manufactures or places substances on the market without registering them commits an offence.
Supplying information
Manufacturers and suppliers must provide information to customers about any hazardous properties of the substances they manufacture or supply. This duty is usually complied with by supplying Safety Data Sheets.
Very hazardous substances
One of the objectives of REACH is to restrict and ultimately phase out the use of some of the most hazardous substances (see “substances of very high concern” below). In pursuance of this objective and in accordance with REACH, the HSE will maintain lists of some ‘substances of very high concern’. Manufacturers, suppliers and downstream users must apply to the HSE for authorisation to manufacture, supply or use some of these substances. There are specific restrictions which apply to some of the listed substances. Eventually, GB may prohibit entirely the manufacture, supply and use of some of these most hazardous substances.
Note that registrations and authorisations granted by the European Chemicals Agency (‘ECHA’) to GB-based organisations prior to the end of the Brexit implementation period (31st December 2020) are automatically transferred across to the GB system, though the relevant organisation holding the registration or authorisation is required to notify certain information concerning the registration or authorisation to the HSE – see the transitional arrangements section below.
Various duties apply.
Following Brexit, in order to allow the Government time to develop a new transitional registration model for REACH, the following UK REACH information submission deadlines are extended by 3 years to:
The period during which the Health and Safety Executive (HSE) is required to carry out compliance checks on at least 20% certain types of registration dossiers is extended to 27th October 2027.
It is expected that it will take until late 2024 to develop and legislate for the new model for transitional REACH registrations.
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Jurisdiction: United Kingdom
Commencement: 31st December 2023
Amends:
Links to the individual various pieces of legislation are included below:
Various duties apply.
Some EU-derived legislation will be revoked on 31st December 2023. However, any amendments made by law it revokes will still stand.
Further information can be found below in the full government text.
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Jurisdiction: England
Commencement: 27th July 2023
Amends: The Town and Country Planning (General Permitted Development) (England) Order 2015
The Town and Country Planning (General Permitted Development) (England) Order 2015 revokes and consolidates the Town and Country Planning (General Permitted Development) Order 1995 and all 22 subsequent amendments in relation to England only. This list of revoked statutory instruments can be found in Schedule 4.
The Order makes a number of changes to permitted development rights in England from the 1995 Order. It grants planning permission for a range of predominantly minor developments, subject to certain limitations and conditions. This permission is commonly known as ‘permitted development rights’. No application needs to be made to the local planning authority to obtain planning permission.
The procedure where a local planning authority may remove specified national permitted development rights in part of its area is set out in Article 4 and Schedule 3.
The Town and Country Planning (General Permitted Development) Order 1995 still stands for Wales.
Various duties apply.
Temporary use of land
Due to renewed demand for domestic holiday making and to support the local tourism industry, as well as support film and television production growth, changes are made to planning permissions for the temporary use of land.
A new permitted development right is added that allows the temporary use of land as a recreational campsite for up to 60 days per calendar year. The right is subject to limitations and conditions that can be found in Part 4 (temporary use of land).
Part 4 (temporary use of land) of Schedule 2 is amended to no longer apply to recreational campsites other than in connection with a festival. It also specifies that development is not permitted for the siting of any caravan except a caravan which is a motor vehicle designed or adapted for human habitation, in connection with a festival.
The period that buildings or land can be used for temporary film-making purposes is increased along with the size of land on which a building is situated, and the maximum height of any temporary structure, works, plant or machinery.
Alteration of prison fences
A new class, Class MA – alteration etc. of prison fences, is added to allow for the erection or alteration of a prison fence of up to 5.5 metres above ground level.
Development from Local Authorities
A National Park Authority and the Broads Authority are added to the definition of local authority so that they can benefit from the permitted development rights.
This comes into force on 27th July 2023.
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Jurisdiction: England & Wales
Commencement: 11th August 2023
Amends: Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2006
The Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2006 replace the Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2000.
They set out the application process for Orders under Part 1 of the Transport and Works Act 1992 relating to railways, tramways, and inland waterways.
Section 1 of the Transport and Works Act 1992 gives powers to the Secretary of State to make an order relating to the construction or operation of a railway, tramway, a trolley vehicle system, or a system using a model of guided transport.
Section 3 of the Transport and Works Act 1992 gives powers to the Secretary of State to make an order relating to the construction or operation of an inland waterway, or the carrying out of works which interfere with rights of navigation.
These Rules set out the application procedure for Section 1 and Section 3 orders. Applications are made by the promoters of schemes (either public authorities or private companies) to the relevant Secretary of State or to the National Assembly for Wales in respect of projects wholly in Wales.
The applicant must send to the relevant Secretary of State a draft of the proposed order and a draft of the explanatory memorandum. Where necessary, environmental information must be provided.
The application will be screened to decide whether an environmental impact assessment is necessary and what is should cover.
The applicant may seek an opinion from the relevant Secretary of State (‘a scoping opinion’) on the information to be included in the environmental statement.
All application drafts should be accompanied by the appropriate documents and fee.
The applicant must publish notice of the application to allow objections and representations to be made. A consultation may also be held on the application.
The relevant Secretary of State may make or refuse an order.
Amendment
From 11th August 2023, applications made under the Transport and Works Act 1992 may be submitted and progressed electronically, this includes public local inquiries. This has been done in order to transmit information quickly and to improve accessibility.
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From severe brain damage and years of homelessness to finding work, rediscovering self-worth and reconnecting with his family. When Newground Together showed Jason Richards the power of learning, they didn’t just help turn his life around; they helped save it.
Every month, in the form of an article, we tell you how 100% of all profits generated by our business are gift aided to our parent charity, Newground Together.
This month we wanted to tell you the Story of Jason.
For years, Jason Richards battled the effects of brain damage, which wiped his memories, ruined his relationships and left him homeless.
By the end of the pandemic lockdown, Jason found himself wholly isolated and even struggling to remember his two sons.
In December 2021, Jason was staying in a temporary hotel room when he got a phone call that he believes saved his life. The call led him to our parent charity Newground Together. Through their support, Jason was able to find an apartment. Through this stability, Jasons’ short-term memory started to improve over time.
The charity then saw an opportunity to help Jason develop new skills.
“Once my brain had finally rewired itself, I started a facilities management course that included work experience,” Jason explained. “I gained my Level 2 City & Guilds in Facilities Management.”
Jason excelled in the course, so much so that it led Newground Together to offer a 12-month employment contract as an estate manager. Jason remained committed to ongoing growth as he honed his skills in caretaking, repairs management, and foundational estate operations. He pursued additional qualifications, including a C&G Level 2 certification in pesticide safety training, as well as completing first aid training and more.
“What is remarkable about Jason’s journey is that he has overcome so much,” said Hilary Lythgoe, Learning and Accreditation Coordinator at Newground Together. Learning has been pivotal not only in enabling him to secure his first job in years, but also in helping him rediscover his sense of self worth and reconnect with his family.
“He is already an inspiration to us and the residents with whom he works. We believe his story powerfully demonstrates the impact of learning and would be inspirational to anybody, especially those in despair.”
“I am so grateful for the chance to work,” continues Jason. Learning is what gave me that chance. It’s a wonderful job but it’s so much more than that. It’s a chance to say thank you to the people who saved my life and gave me back my sons.
Jurisdiction: United Kingdom
Commencement: 1st July 2023
Amends: The Plastic Packaging Tax (General) Regulations 2022
Various duties apply.
Amendment
Changes are made to the method in which tax credits are claimed in respect of the Plastic Packaging Tax (PPT). It allows organisations to claim for a tax credit which arises in the same accounting period as the claim.
Previously, organisations were prevented from doing so due to technical issues, and as an interim measure, they were provided guidance on how to claim a tax credit in this circumstance.
This change ensures that The Plastic Packaging Tax (General) Regulations 2022 is aligned with guidance on the process of claiming a tax credit using the PPT online service.
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Jurisdiction: Republic of Ireland
Commencement: Currently in force
Amends: Organisation of Working Time Act 1997
Part II: Minimum Rest Periods and other matters relating to Working Time
An employee is entitled to a rest period of not less than 11 consecutive hours in each period of 24 hours during which they work for an employer.
An employer shall not require an employee to work for a period of more than 4 hours and 30 minutes without allowing them a break of at least 15 minutes.
An employer shall not require an employee to work for a period of more than 6 hours without allowing them a break of at least 30 minutes.
A break allowed to an employee at the end of the working day shall not meet the requirements in subsection (1) or (2), above, regarding breaks.
An employee is entitled to one period of 24 hour rest per week provided by a daily rest period (11 hours).
An employee who is required to work on a Sunday shall be compensated by their employer for being required to work by the following means:
An employer shall not permit an employee to work, in each period of 7 days, more than an average of 48 hours calculated over a 4, 6, or 12 months period depending on the circumstances.
Night time means the period between midnight and 7a.m. on the following day. An employer shall not permit a night worker, in each period of 24 hours to work more than 8 hours. An absolute limit of 8 hours in a 24 hour period is placed on night workers engaged in work involving hazards or a heavy physical or mental strain.
If the employee’s starting and finishing times are not specified in the contract of employment nor any regulation order, registered employment agreement or collective agreement, the employer must notify the employee at least 24 hours before the first day or the day in each week that they propose to require the employee to work of their starting and finishing times.
This Part also makes requirements for zero hours working practices. If an employee is sent home if work is quiet or is requested to be available for work and is not on the day asked to work and suffers a loss by not working hours they were requested to be available to work, they must be compensated for 25% of the time which they required to be available or 15 hours (whichever is less).
Part III: Holidays
Holiday pay is earned against time worked. All employees earn holiday entitlements from the time work is commenced. Depending on time worked, employees’ holiday entitlements should be calculated by one of the following methods:
If an employee is ill on a day that is classed as annual leave and provides a certificate of a registered medical practitioner of their illness to their employer, that day shall no longer be classed as annual leave.
The pay in respect of an employee’s annual leave shall:
An employee shall, in respect of a public holiday (outlined in the Second Schedule) be entitled to whichever one of the following the employer determines:
If the public holiday falls on a day on which the employee normally works, the employee is entitled to a paid day off for the day.
Part IV: Miscellaneous
This Part provides additional information including enforcement, offences and appeals.
This Part also requires employees to keep records of holidays and public holidays for a period of 3 years.
Amendment
Small changes are made to the 1997 Act to include provisions for leave related to medical care, domestic violence and approved flexible working arrangements.
This amendment has no direct relevance to occupational health and safety matters.
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Jurisdiction: United Kingdom
Commencement: 24th April 2023
Amends: The Merchant Shipping (Prevention of Air Pollution from Ships) Regulations 2008
The Merchant Shipping (Prevention of Air Pollution from Ships) Regulations 2008 apply a series of internationally agreed technical standards to UK flagged vessels and foreign flagged vessels, which aim to reduce air pollution from shipping. Measures are brought in to increase energy efficiency and reduce greenhouse gas emissions from international shipping.
The International Convention for the Prevention of Pollution from Ships (MARPOL) is the main international convention covering prevention of pollution of the marine environment by ships from operational or accidental causes.
The MARPOL Convention includes Regulations aimed at preventing and minimising pollution from ships, both accidental pollution and that from routine operations, and currently includes six technical Annexes. These Regulations implement Annex VI (Prevention of Air Pollution from Ships), which originally came into force in 2005; a revised version with significantly tightened emissions limits entered into force in 2010.
These Regulations apply a series of internationally agreed technical standards to UK flagged vessels and foreign flagged vessels, which aim to reduce air pollution from ships.
In addition, they also bring in measures to increase energy efficiency and reduce greenhouse gas emissions from international shipping.
These Regulations apply to UK ships wherever they may be and any other ship while it is within UK waters.
Various duties apply.
Amendment
The International Maritime Organisation (IMO) adopted changes to Annex VI of The International Convention for the Prevention of Pollution from Ships (MARPOL) in June 2021. These Regulations implement those changes into UK law, with the aim to monitor carbon intensity of international shipping. Specifically, they require ships over 400 gross tonnes (GT) to adopt new measures to reduce their carbon intensity.
Other technical changes are made to include references to the Polar Code* and IMO guidelines. Any future changes to the Polar Code and IMO Guidelines will automatically be changed within UK law.
*The Polar Code is the IMO international code for ships operating in Polar waters (the North and South Poles), and covers the design, construction and environmental protection matters.
UK ships in international waters and international ships in UK waters must carry on board, and make available upon request:
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Jurisdiction: Scotland
Commencement: 1st April 2024
Amends: The Building (Scotland) Regulations 2004
The Building (Scotland) Regulations 2004 are made under the Building (Scotland) Act 2003 and give requirements for the functional standards of buildings.
Various duties apply.
Amendment
New domestic and non-domestic buildings completed after 1st April 2024 are no longer allowed to be heated or cooled using a direct emission heating system, in order to reduce greenhouse gas emissions.This does not apply to:
*Emergency heating means a fixed combustion appliance installation which is installed to be used only in the event of the failure of a service system which is designed and installed for use during normal operation of the building.
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