Stay up-to-date with topical news and legislation from The Compliance People. Selected updates direct to your inbox.
Jurisdiction: Great Britain
Commencement: 17th July 2023
Amends: The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2012
The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2012 (the RoHS Regulations) implement European Directive 2011/65/EU on the restriction of the use of certain hazardous substances in electrical and electronic equipment (the ‘RoHS Directive’). The Directive is linked below:
(N.B. The RoHS Regulations apply differently in Great Britain and Northern Ireland following the UK’s exit from the EU, hence the relevant links to the Directive also differ).
The RoHS Regulations revoke and replace The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2008 (‘the 2008 Regulations’).
The RoHS Regulations restrict the use of certain specified hazardous substances including some heavy metals and flame retardants in listed categories of electrical and electronic equipment (‘EEE’), and require products to be compliance marked (i.e. CE or UK CA) to demonstrate compliance.
The RoHS Regulations apply to manufacturers, importers and distributors of EEE. There are no duties for end users.
The RoHS Regulations previously required CE marking of EEE across all parts of the UK. From 1st January 2021 the Regulations have been amended and now apply differently in Great Britain and Northern Ireland.
In Great Britain (i.e. England, Scotland and Wales), EEE will be required to be UK CA marked, although CE marking will continue to be accepted in most cases until 31st December 2024.
In Northern Ireland, EEE continues to be required to be CE marked.
Although the conformity marking requirements for Northern Ireland are different to Great Britain, the standard to which EEE must comply is effectively the same (though this may change in future).
Various duties apply.
Amendment
The limit of mercury contained by electrical and electronic equipment is currently 0.1%; however, for certain specified applications, revised limits and exemptions apply.
Entries 1 to 9 of Schedule A2 contain the list of equipment exempted from the 0.1% limit and revised limit values for each equipment.
This amendment extends the list of exempted applications. While some exemptions are renewed, others are revoked. All revoked exemptions will expire on 1st February 2024. The expiry dates for renewed exemptions are listed in column 6.
The Legislation Update Service is the best way to stay up to date automatically with legislation in England, Wales, Scotland, Northern Ireland and the Republic of Ireland.
Sign up for your free trial to get instant access.
The Terrorism (Protection of Premises) Bill, also known as ‘Martyn’s Law’ or the ‘Protect Duty’, will be a new piece of anti-terrorism legislation which aims to ensure the public is better protected from terrorist threat. The law will extend to the entire UK.
The Protect Duty is part of the Government`s response to the Manchester Arena Inquiry, which recommended the introduction of legislation to improve the safety and security of public venues. It is also known as `Martyn`s Law`, after one of the victims in the Manchester Arena attack.
The draft Terrorism (Protection of Premises) Bill, which was published on 2nd May 2023, would make it a legal duty for those responsible for qualifying public premises to consider the threat from terrorism and implement appropriate and proportionate mitigation measures.
Qualifying public premises
Premises that meet the following criteria are considered qualifying public premises.
Qualifying public events are events that meet the above criteria and have a maximum capacity of over 800 people.
Qualifying activities include entertainment and leisure, retail, food and drink, museums and galleries, sports grounds, public areas of local and central government buildings (e.g. town halls), visitor attractions, temporary events, places of worship, health, and education.
A tiered approach
Qualifying public premises will be split into 2 tiers:
All qualifying public premises would be required to have a designated responsible person, responsible for registration of the premises with the regulator. The person responsible for a qualifying public event must ensure also the regulator is notified of the event.
Other duties for premises will vary, depending on the tier.
Standard tier premises would be required to:
In addition to the above, enhanced tier premises and qualifying events would be required to:
For qualifying public events, the terrorism risk assessment must be completed at least 3 months before the event start date, unless the event was first advertised less than 3 months before the start date.
The terrorism risk assessment must consider what types of terrorist act are most likely to occur at or around their premises or event and the ‘reasonably practicable’ measures that might be expected to reduce the risk of such an act occurring, or the risk of physical harm to individuals as a result of such an act.
Terrorism protection training
The responsible person would be required to ensure all relevant workers receive adequate terrorism protection training in relation to the premises or event. The training must be undertaken at least every 12 months.
The Bill gives the fines for consequences of noncompliance for standard tier premises as up to £10,000, and for enhanced tier premises up to £18 million or 5% of the organisation’s revenue, whichever is greater.
Currently, there is no date confirmed for when the draft Bill will be officially transposed into law; however, once this happens there will be a lead time to allow those covered by the duty to prepare.
Have fluorescent lamps had their day? Fluorescent lamps have been a staple of artificial lighting in the UK and across the world for almost a century, but with the EU cracking down on fluorescent tube lighting and the UK set to follow, consultant Tom Marsh outlines the main changes set to impact the UK market and the possible options for those affected.
The main driving force behind this approach is the environmental implications in using fluorescent lighting. Not only do fluorescent lamps contain mercury, a hazardous substance that is known to be very damaging to the environment, but they are also less energy efficient than the modern alternatives (e.g. LED lighting). In fact, LED lighting can be up to 80% more energy efficient than their mercury containing counterparts. It then follows that the replacing of fluorescent lamps with LED lighting will lead to cheaper energy bills for its adopters and reduced emissions through the generation of the required electricity.
So what is actually happening from a legal perspective? Well, manufacturers, importers and distributors of electrical and electronic equipment (EEE) are currently required to limit the use of certain hazardous substances under The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2012 (“RoHS regulations”). These restrictions cover substances such as lead, cadmium and the mercury found in our fluorescent lamps. The limit set for mercury by these regulations is currently a 0.1% concentration by the overall weight of EEE.
Exemptions are in place under the RoHS regulations to enable manufacturers, importers and distributors to exceed these limits for certain specified applications. For example, mercury in a single capped (compact) fluorescent lamp for general lighting purposes below 30 watts has a limit of 2.5 mg of mercury per individual burner (full list of exemptions in Great Britain can be found in Schedule A1 to The Hazardous Substances and Packaging (Legislative Functions and Amendment) (EU Exit) Regulations 2020).
In early 2023, the Secretary of State for Environment, Food and Rural Affairs published a determination on these exemptions, outlining changes to be made to enable the phasing out of new fluorescent lamps being placed on the market. These changes are broadly in line with similar action being taken by the EU, albeit on a different timetable. Some of the key points in this phaseout are outlined below.
The above dates are not a total ban on the use of these florescent lamps, just on their placing on the market. Existing lamp stocks can continue to be used, although it is worth considering that with no new stock being produced the prices of such products will inevitably rise with the increased scarcity (in addition to the fact that they will be more expensive to run when compared to more efficient alternatives).
The upcoming changes may seem daunting for current users of fluorescent lamps, being faced with the choice of either paying increasingly high prices for increasingly scarce stock or biting the bullet and paying to convert all fluorescent lamps with a more modern alternative. But in the long run, you may find the increased efficiency and performance of these alternatives paying for themselves.
This month we look back on a project your support helped fund. As always, 100% of all profits generated by our business are gift-aided directly to our parent charity, Newground Together.
Last year our charity decided it was time to open an easily accessible hub, which was located right in the centre of Blackburn, within The Mall Shopping Centre.
This hub aimed to help Newground Together expand its reach by making its services more accessible to local people. The hub is a drop-in facility for people to access employment and support services, with various schemes and help available.
Over a year, the hub has helped more than 350 people progress with their careers and tackle more comprehensive health, wellbeing, finance and housing issues. The passionate and dedicated teams at the hub help change people’s lives through one-to-one support.
Alison Clews, Newground Together Community Programme Manager, said: “The year since we opened the hub has been excellent. It’s gone better than any of us could have imagined.
“Its location in the heart of Blackburn has meant we’ve been able to continue to see our existing customers more quickly as they go about their day-to-day lives, but also see many more people – including many people we wouldn’t otherwise have reached.
“We’re like a popular restaurant – when people see how busy we are, they want to come in and see what the buzz is all about. It’s been fantastic to support so many people and change so many people’s lives.”
Caroline Simpson, Community Programmes Coordinator, said: “We’re not about the quick fixes. We’re here to understand people’s lives and help them towards sustainable employment.
“It’s remarkable – and often emotional – to see the results. From working with us, people can buy presents for their loved ones, pay off their fuel bills and support their families.
“It’s not about hitting targets or a revolving door. We’re here to make a long-term difference – whatever it takes.”
We’re proud that as a business, 100% of our profits go to help projects such as these & we thank all our customers for the ongoing support, allowing us to continue to make a difference.
Jurisdiction: Great Britain
Commencement: 24th May 2023
Amends: GB Retained: Regulation (EU) 2019/2072 establishing uniform conditions for the implementation of Regulation (EU) 2016/2031 as regards protective measures against pests of plants
The GB Retained: Regulation (EU) 2019/2072 establishing uniform conditions for the implementation of Regulation (EU) 2016/2031 as regards protective measures against pests of plants lists the different pests of plants and is supplementary to Regulation (EU) 2016/2031 on protective measures against pests of plants, which is known as the ‘EU Plant Health Regulation’. This is because this Regulation establishes a number of annexes that the EU Plant Health Regulation refers to that list relevant plant pests, measures needed to reduce the risk of those pests, and plants that are prohibited from entering the EU.
The EU Plant Health Regulation was brought into force in order to revise and improve current EU plant health legislation and implement uniform rules across all EU Member States. It continues to implement controls and restrictions which apply to the import from third countries (countries which are not EU Member States), and the internal movement within and 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.
There are no direct compliance duties under this Regulation for organisations.
The Regulation provides a number of annexes that contain various lists of Union quarantine pests, protected zone quarantine pests, and Union regulated non-quarantine pests, and the measures on plants, plant products and other objects to reduce the risks of those pests to an acceptable level.
Union quarantine pests
The EU Plant Health Regulation states that any pests classed as a ‘Union quarantine pest’ must not be introduced into, moved within, held, multiplied or released in the EU.
The list of Union quarantine pests is set out in Annex II of this Regulation. The list of Union quarantine pests not known to occur in the EU is set out in Part A of Annex II, and the list of Union quarantine pests known to occur in the EU is set out in Part B of Annex II.
Protected zone quarantine pests
The list of the protected zones and the respective protected zone quarantine pests are stated in Annex III of this Regulation.
Union regulated non-quarantine pests
Union regulated non-quarantine pests are transmitted mainly through specific plants for planting. There is a list of Union regulated non-quarantine pests set out in Annex IV of this Regulation. These pests cannot be introduced or moved within the EU by professional operators on the plants through which they are transmitted.
The Annexes also provide lists of plants, plant products and other objects whose introduction into, or movement within, the EU is either:
*Phytosanitary certificates certify that material has been inspected, is considered free from pests and conforms to the plant health regulations of the importing country.
The Annexes are supplementary to Regulation (EU) 2016/2031, where the compliance duties around plant health can be found.
Amendment
In order to protect biosecurity and support trade between Great Britain (GB) and other countries, areas of demarcation* have been established to protect against high risk pests.
*A demarcated area is an area that is made up of a zone of known infection, and a buffer zone.
Movement of high risk oak trees from demarcated areas infested by Thaumetopoea processionea L.
Movement of high risk oak trees* is prohibited outside the demarcated area infested by Thaumetopoea processionea L. (an Oak Moth that infests oak trees) as listed in the Schedule. Movement of the trees within the area is only allowed if professional operators comply with biosecurity and movement conditions.
*In this case a high risk oak tree is any oak tree for planting with a girth of at least 8 cm, measured at 1.2 metres from the root collar.
Regulated non-quarantine pests for seed potatoes
The thresholds of regulated non-quarantine pests for seed potatoes have been updated and can be found here.
Applications for authorisation from Member States
Applications for authorisation from Member States have been updated to add the name and address of the laboratory where the application originated.
The Legislation Update Service is the best way to stay up to date automatically with legislation in England, Wales, Scotland, Northern Ireland and the Republic of Ireland.
Sign up for your free trial to get instant access.
Jurisdiction: Great Britain
Commencement: 1st April 2023
Amends: The Health and Safety and Nuclear (Fees) Regulations 2022
The Health and Safety and Nuclear (Fees) Regulations 2022 enable the Health and Safety Executive (HSE) and the Office for Nuclear Regulation (ONR) to charge fees to recover their costs where it finds an organisation in material breach of health and safety regulations.
Amendment
A number of changes are made to the 2022 Regulations. Apart from minor technical corrections, the key changes are listed below.
This amendment has no direct relevance to occupational health and safety matters.
The Legislation Update Service is the best way to stay up to date automatically with legislation in England, Wales, Scotland, Northern Ireland and the Republic of Ireland.
Sign up for your free trial to get instant access.
Jurisdiction: Wales
Commencement: 29th April 2023
Amends: The Water Resources (Control of Agricultural Pollution) (Wales) Regulations 2021 SI 2021/77 (W.20)
The Water Resources (Control of Agricultural Pollution) (Wales) Regulations 2021 SI 2021/77 (W.20) implement measures to address agricultural pollution in Wales by setting rules for certain farming practices.
They apply to all farm businesses in Wales. Anyone who is the owner or occupier (e.g. tenants, graziers) of an agricultural land holding (regardless of its size) is responsible for complying with these Regulations.
Provisions are included around the following:
Natural Resources Wales (NRW) is responsible for enforcing these Regulations.
Revocations
Previously, water quality was protected by preventing nitrates from agricultural sources polluting ground and surface waters via Nitrate Vulnerable Zones (NVZs)* that were in place and these Regulations revoke and replace The Nitrate Pollution Prevention (Wales) Regulations 2013, which means the existing NVZ designations are no longer applicable.
These Regulations also revoke and replace The Water Resources (Control of Pollution) (Silage and Slurry)(Wales) Regulations 2010as these Regulations now set the requirements for silage making, storage of silage effluent and for slurry storage systems. The Regulations are revoked in how they apply to farms situated in a NVZ from 1st April 2021 and fully for all other farms from 1st April 2024.
*Nitrate Vulnerable Zones (NVZs) are areas within Wales that contain surface water or groundwater that is susceptible to nitrate pollution from agricultural activities. A map of these areas can be found here. Note that these Regulations have now replaced NVZs.
Transition period
Requirements are being phased in for farms not previously located in a NVZ over three years, with certain requirements applying from 1st January 2023, 31st October 2023 and 1st April 2024:
All other parts of the Regulations applied from 1st April 2021. More information can be found in the duties section below. For farms that were previously located in a NVZ, they needed to be compliant with the Regulations on 1st April 2021 (the date they come into force).
The dates in The Water Resources (Control of Agricultural Pollution) (Wales) (Amendment) Regulations 2022 have changed. The implementation date for regulation 4 (Application of livestock manure – total nitrogen limit for the whole holding) and regulation 36 (Record of nitrogen produced by animals on the holding) is now 31st October 2023.
Requirements are added for occupiers of a holding or part of a holding that was not previously located within a Nitrate Vulnerable Zone. These requirements are set out below.
*12-month period means the period 31st October to 30th October.
The Legislation Update Service is the best way to stay up to date automatically with legislation in England, Wales, Scotland, Northern Ireland and the Republic of Ireland.
Sign up for your free trial to get instant access.
Jurisdiction: England
Commencement: 6th April 2023
Amends: Building Act 1984 (c. 55)
This Building Act 1984 (c. 55) allows the Secretary of State to make regulations in order to:
The Building Act 1984 also imposes a duty on local authorities to enforce the building regulations in their areas as well as a right of entry into buildings. It also provides for prosecution and enforcement proceedings against the perpetrators and owners of defective buildings and building work.
Local authority powers in relation to dangerous structures and demolitions are also included in the Act.
The Building Act 2022 (“2022 Act”) establishes the regulator (established under the Health and Safety executive) as the building control authority for higher-risk buildings* in England and designated local authorities as the building control authority in Wales. The duties and powers of the regulator in relation to higher-risk buildings are outlined in the 2022 Act.
*Buildings of at least 18 metres in height or with at least 7 storeys and contains at least 2 residential units.
Minor technical changes are made to clarify that:
*Higher-risk building work means any work carried out on a building that:
This means that all higher-risk building work must be supervised by the building safety regulator.
Public body’s notice
Public bodies, or where appropriate, local authorities, must now cancel any public body’s notice (in whole or in part) that relates to higher-risk building work.
Public bodies must:
Schedule 4 (1C) sets out the process for appealing a cancellation notice.
A new public body’s notice must not be given for any building work previously specified in a cancellation notice.
Penalties
The building safety regulator may impose a penalty on a public body for non-compliance, in accordance with Schedule 4.
N.B. The building safety regulator must give notice of their intention to impose a penalty.
The Legislation Update Service is the best way to stay up to date automatically with legislation in England, Wales, Scotland, Northern Ireland and the Republic of Ireland.
Sign up for your free trial to get instant access.
Jurisdiction: United Kingdom
Commencement: 30th May 2023
Amends: Heat Networks (Scotland) Act 2021
The Heat Networks (Scotland) Act 2021 introduces a framework for establishing a regulatory system for heat networks* in Scotland. It aims to accelerate the deployment of heat networks and boost consumer and investor confidence in the sector.
*A heat network is a type of infrastructure that generates heat and supplies it to domestic and non-domestic premises via insulated pipes.
Significant changes are made to the following areas. N.B. Specific requirements will be brought in by additional legislation.
The following sections of the Heat Networks (Scotland) Act 2021 were brought into force on 30th May 2023.
The Legislation Update Service is the best way to stay up to date automatically with legislation in England, Wales, Scotland, Northern Ireland and the Republic of Ireland.
Sign up for your free trial to get instant access.
Jurisdiction: United Kingdom
Commencement: 1st July 2023
Amends: New Legislation
A framework is introduced to enable the monitoring and review of carbon emission targets, in accordance with Part 1 of the Climate Change Act 2008.
From 31st March 2024, the Secretary of State must review the maximum allowable carbon emission targets*.
*The maximum allowable carbon emission targets is the maximum carbon emissions that may be released in order to achieve the UK’s commitment under the Kyoto Protocol.
This review must identify whether the maximum allowable carbon emissions is greater than:
*Carbon budget is any carbon budget made under The Carbon Budgets Order 2009.
**The second commitment period is the second emissions reduction period under the Kyoto Protocol which ran from 2013 to 2020.
The review must consider the net emissions reported:
The Secretary of State must, where the maximum allowable carbon emissions is greater than the carbon or second commitment budgets, calculate the excess emissions using UK assigned units*.
*UK assigned units are units assigned to the United Kingdom under the Kyoto Protocol for the purpose of determining compliance.
N.B. Excess UK assigned emissions must not be used to offset greenhouse gas emissions.
There are no duties for organisations under these Regulations; duties are held by the Secretary of State.
The Legislation Update Service is the best way to stay up to date automatically with legislation in England, Wales, Scotland, Northern Ireland and the Republic of Ireland.
Sign up for your free trial to get instant access.
Stay up-to-date with topical news and legislation from The Compliance People. Selected updates direct to your inbox.
Call us on 01254 669002