Stay up-to-date with topical news and legislation from The Compliance People. Selected updates direct to your inbox.
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.
A study conducted by the European Commission in 2020 concluded that “consumers are faced with the practice of making unclear or not well-substantiated environmental claims”, also known as ‘greenwashing’. The study found 53.3% of the examined environmental claims in the EU to be vague, misleading or unfounded, and 40% were unsubstantiated. It also concluded that the absence of common rules for companies making voluntary green claims leads to ‘greenwashing’. It creates an uneven playing field in the EU’s market, therefore putting genuinely sustainable companies at a disadvantage.
An environmental claim is defined as ‘any message or representation, which is not mandatory under Union law or national law, including text, pictorial, graphic or symbolic representation, in any form, including labels, brand names, company names or product names, in the context of a commercial communication, which states or implies that a product or trader has a positive or no impact on the environment or is less damaging to the environment than other products or traders, respectively, or has improved their impact over time’. [Article 1 of the Proposal for a Directive on Empowering Consumers for the Green Transition]
The European Green Deal set out a commitment to tackle ‘greenwashing’ by ensuring that buyers receive reliable, comparable and verifiable information to enable them to make more sustainable decisions. The New Consumer Agenda and the Circular Economy Action Plan have also set the need to address ‘greenwashing’ as a priority.
The Proposal for a Directive on Empowering Consumers for the Green Transition, which proposed amendments to the Unfair Commercial Practices Directive and the Consumer Rights Directive, was adopted by the European Parliament in March 2022. The proposal introduced generic rules for the prohibition of misleading advertising.
The Proposal on substantiating and communicating environmental claims (Green Claims Directive) complements the existing set of EU rules on consumer protection by addressing the identified problem of greenwashing and unreliable environmental labels. Together with the Proposal on common rules promoting the repair of goods, it forms the third package of proposals on circular economy.
The proposal aims to:
The proposal aims to ensure consumers receive reliable, comparable and verifiable environmental information on products.
It includes:
The proposal targets explicit claims that:
In conclusion, it seems fair to assume that once brought into force, the Green Claims Directive will provide more clarity and stronger reassurance for consumers that products sold as ‘green’ are actually ‘green’. At the same time, it will benefit organisations that make a genuine effort to improve the environmental sustainability of their products.
As I’m sure, you’ll know by now (we certainly tell you enough), 100% of all profits generated by The Compliance People are gift-aided to our parent charity Newground Together.
As a charity, Newground Together aims to empower people to create sustainable, connected, resilient, healthy and prosperous communities.
Recently the charity has been working on converting a two-bedroom home into a green hub to raise awareness about low-carbon living and to support people to live more sustainably. This project is part of Newground Togethers’ Green Together project, a partnership led by Newground Together working with Women Centre and Halifax Opportunities Trust.
As part of the conversion, the property has been fitted with better insulation, solar panels with battery storage and an air source heat pump. The gardens have also been regenerated, allowing residents to grow vegetables & wildflowers.
As part of the project, energy advisors are available to explain the technology which has been installed as well as providing tips on how people can live more sustainably – Hopefully saving them money in the long run. The hub also doubles as a pop-up community learning space.
Anna Dawson-Jones, Greener Together’s Community Programmes Coordinator, said: “It’s going to be a great use of a building which has previously been empty. We’ve transformed it into a green energy hub for the community to learn from. We’ve had so much interest already; we know it’ll be a success. It gives people the opportunity to see the new technology and ask questions about how it works. I really think it makes life easier, and we are helping the planet at the same time.“
If you want to find out more about greener together or our charity, you can find out more here.
Jurisdiction: Great Britain
Commencement: 31st December 2022
Amends:
Manufacturers of certain products placed on the market before 31st December 2024 do not require a Great Britain conformity assessment if the product has a valid EU conformity assessment certificate. A series of transitional measures are also made.
Amendment
CE marking will continue to be accepted on the market in Great Britain in most cases until 31st December 2024. Manufacturers of products placed on the market before 31st December 2024 do not require a Great Britain conformity assessment certificate if the product has a valid EU conformity assessment certificate. This transitional measure ceases to have effect following the expiry of the EU conformity assessment certificate or on 31st December 2027.
Economic operators that have fulfilled certain EU obligations, in accordance with regulation 2A of the 2018 Regulations, are considered to have complied with GB obligations. This transitional measure will expire on 31st December 2024.
A series of further transitional provisions are also made, which vary slightly amongst the 16 pieces amended.
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: 31st December 2022
Amends:
Manufacturers of certain products placed on the market before 31st December 2024 do not require a Great Britain conformity assessment if the product has a valid EU conformity assessment certificate. A series of transitional measures are also made.
Amendment
CE marking will continue to be accepted on the market in Great Britain in most cases until 31st December 2024. Manufacturers of products placed on the market before 31st December 2024 do not require a Great Britain conformity assessment certificate if the product has a valid EU conformity assessment certificate. This transitional measure ceases to have effect following the expiry of the EU conformity assessment certificate or on 31st December 2027.
Economic operators that have fulfilled certain EU obligations, in accordance with regulation 2A of the 2018 Regulations, are considered to have complied with GB obligations. This transitional measure will expire on 31st December 2024.
A series of further transitional provisions are also made, which vary slightly amongst the 16 pieces amended.
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: 31st December 2022
Amends: New Legislation
A permanent GB type-approval scheme* for road vehicles and their trailers and parts is introduced, replacing the EU type-approval scheme. The Provisional GB scheme** for agricultural and forestry vehicles, motorcycles and machinery will continue until 31st December 2027.
*The type-approval scheme ensures that new cars, buses and goods vehicles comply with high standards of safety.
**The Provisional GB scheme is a temporary arrangement which enables vehicles to be placed on the GB market for an interim period until a GB type-approval scheme is available for that particular type of vehicle.
GB retained legislation relating to type approval requirements for the safety of road vehicles, their trailers and systems are therefore amended to reflect the transition to the GB type-approval scheme.
Application
Currently, the GB type-approval scheme applies only to vehicles and trailers in the M*, N** and O*** vehicle categories and vehicle systems relating to these categories. The main requirements are set out in Regulation 2018/858 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such units.
*Category M vehicles are motor vehicles that have at least 4 wheels and are intended for the carriage of passengers.
**Category N vehicles are power-driven vehicles that have at least 4 wheels and are intended for the carriage of goods.
***Category O are trailers.
Marking
To reflect the transition to the GB type-approval scheme, the ‘e-markin’g required on vehicle part is replaced by a ‘g-marking’. For example, where ‘e11‘ meant an approval issued by Vehicle Certification Agency (VCA), ‘g11‘ now means an approval by the VCA.
Northern Ireland Protocol
These Regulations give effect to the United Kingdom’s obligation under the Northern Ireland Protocol.
Vehicles and machinery engines that are produced and approved in Northern Ireland in accordance with EU standards may be sold in Great Britain (GB), without the requirement for further approvals.
Various duties apply.
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: 30th March 2023
Amends: Safety of Sports Grounds Act 1975 (c. 52)
A Safety Certificate shall contain such terms and conditions as the local authority consider necessary or expedient to secure reasonable safety at the sports ground when it is in use for the specified activity or activities. This may involve alterations or additions to the sports ground. This may include records being kept for the attendance of spectators at the sports ground and records relating to the maintenance of safety at the sports ground.
No condition of a Safety Certificate shall require the service of any members of a police force unless it has been agreed by the chief officer of police of the force. No condition of the Safety Certificate shall require a person to contravene any requirements of the Regulatory Reform (Fire Safety) Order 2005 and the Fire (Scotland) Act 2005.
A general Safety Certificate shall contain or have attached to it a plan of the sports ground, and the terms and conditions in the Certificate, or in any special Safety Certificate issued for the sports ground, shall be framed, where appropriate, by reference to that plan.
A Safety Certificate may include different terms and conditions in relation to different activities.
Green Guide: see the Guidance section which includes a link to the Guide to Safety at Sports Grounds (Green Guide) which contains guidance on safety certification.
Application Process: the Act sets out provisions concerning the process for application for a Safety Certificate. The Act provides for the local authority to send copies of applications for Safety Certificates to the Chief Officer of Police, and in some cases to the Fire Authority and the Building Authority.
Amendment of Certificates: Safety Certificates can be amended, repealed, replaced, transferred and cancelled.
Appeals: the Act sets out an appeal system in relation to applications for Safety Certificates.
Regulations: the Secretary of state can make regulations requiring records to be kept of attendance of spectators at a sports ground and records relating to the maintenance of safety at sports grounds.
Prohibition Notices: local authorities may issue Prohibition Notices if they are of the opinion that the admission of spectators to a sports ground or any part of a sports ground involves or will involve a risk to them so serious that, until steps have been taken to reduce it to a reasonable level, admission of spectators should be prohibited.
The Prohibition Notice should state that the local authority is of the opinion that the admission of spectators to the ground will involve a risk to them so serious that access should be prohibited. The Notice should state the matters which give rise to the risk, and that no or no more than a specified number of spectators is permitted to the stadium or a specified part of the stadium until the specified matters have been remedied.
The Prohibition Notice may apply to a particular occasion, or generally.
The Prohibition Notice may include directions as to remedial action including alterations to the grounds or things to be done or omitted in the grounds.
The Act sets out further provisions concerning the procedure relating to Prohibition Notices.
Enforcement: it is the duty of every local authority to enforce within their area the requirements of this Act.
Powers of entry and inspection: the Act gives power of entry to the local authority, chief officer of police or in Wales, Greater London or a metropolitan county, the fire authority. The relevant person may enter at any reasonable time, inspect the grounds, make inquiries and inspect records of attendance and maintenance.
Offences: it is an offence to admit spectators to a designated sports where no Safety Certificate has been granted or ion contravention of the terms in a Safety Certificate.
Amendment
This Order amends The Safety of Sports Grounds (Designation) Order 2015, an older update. From 30th March 2023, the StoneX Stadium, occupied by Saracens Rugby Club, is designated as a sports ground that must hold a safety certificate.
Under Section 1 of the 1975 Act, the Secretary of State may require sports grounds in England and Wales to have a safety certificate if they have accommodation for over 10,000 spectators.
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 Safety Act 2022 (c. 30)
Various duties apply.
Amendment
In order to confirm if a building falls under the “high risk” building category, the height of a building is to be measured from the ground level to the top of the floor surface of the top storey.
When determining the amount of storeys a building has, the following is exempt from calculations:
* Below ground level is defined as when any part of the ceiling is below ground level.
Exemptions to the definition of a “high risk building” are listed under Paragraph 7.
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: England
Commencement: 9th February 2023
Amends: Building Safety Act 2022 (c. 30)
Various duties apply.
Amendment
Changes are made to Regulation 3(2) of a previous amendment (The Building Safety (Leaseholder Protections) (England) Regulations 2022). The changes aim to prevent organisations from avoiding their obligations regarding costs associated with historical safety remediation.
Under Paragraph 3 of Schedule 8 of the Building Safety Act 2022, landlords must not pass on any costs for historical safety remediation to leaseholders if the relevant landlord* is in a landlord group** that exceeds a net worth of £2 million.
*Relevant landlord means the landlord at the qualifying time.
**The landlord group means the relevant landlord and any person associated with the relevant landlord. The definition of landlord group now included body corporates where one is in control of the other, and where a body corporate is entitled to or possesses at least half of the issued share capital of the company.
These Regulations come into force on 9th February 2023 and apply to England only.
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.
Stay up-to-date with topical news and legislation from The Compliance People. Selected updates direct to your inbox.
Call us on 01254 669002