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As the financial year comes to an end, we wanted to take a moment to reflect on some of the great bits of work our charity has been able to do over the past 12 months because of you.
Here’s a roundup of our articles over the last 12 months:
As always, without your support our parent charity, Newground Together, wouldn’t be able to do the great work it’s able to do so.
Jurisdiction: United Kingdom
Commencement: 2nd February 2023
Amends: Climate Change Act 2008
The Climate Change Act 2008 establishes a framework to reduce greenhouse gas emissions in the UK, to help move towards a low carbon economy and meet the targets set in this Act. This Act covers the UK; however Scotland has also made the Climate Change (Scotland) Act in addition to this.
The Act does not have any direct duties on organisations; however, they may be affected by secondary legislation. It is the duty of the Secretary of State to ensure that the UK reduces its greenhouse gas emissions by the targeted amount.
Part 1 – Carbon target and budgeting
A duty is put on the Secretary of State to reduce UK greenhouse gas emissions to at least 80% below the 1990 baseline by 2050. In addition, carbon budgets must be set for each 5-year period, starting 2008-2012. Reports must be made to Parliament on the UK emissions levels and the measures the Government will take to meet the carbon budgets. The carbon budget for 2018-2022 must be consistent with the target to reduce greenhouse gas emissions by 26% below the 1990 baseline by 2020.
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.
Nitrogen trifluoride (NF3)* is added to the scope of greenhouse gas emissions that must be captured and reported for the Annual Statement of Emissions** 2021.
*NF3 is an inorganic, colourless, and non-flammable greenhouse gas that is used in a small number of industrial processes.
**Annual Statement of Emissions are required under section 16 of the Climate Change Act 2008. They set out the steps taken to calculate the net UK carbon account.
There are no changes to duties for organisations.
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Jurisdiction: Scotland
Commencement: 28th February 2023
Amends: New Legislation
These Regulations are in force from 28th February 2023.
Duties are imposed on producers* in Scotland to collect data on the amount and type of packaging** they put on the United Kingdom (UK) market from March 2023 (or from January 2023, if they have this data). The data is required to calculate the fees that producers will have to pay from 2024 as part of the new Extended Producer Responsibility (EPR). The new EPR system aims to deliver a more circular economy by charging producers to cover the collection and disposal costs of their packaging once it becomes waste.
*Producer, for the purposes of these Regulations, 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. coffee cups.
Exempt packaging
The following types of packaging are exempt from the requirements of these Regulations.
N.B. These Regulations will be replaced in December 2023 by The Producer Responsibility Obligations (Packaging and Waste) Regulations 2023, which will include provisions for the introduction of the EPR.
Producer obligations
The obligations imposed by these Regulations vary depending on whether the producer is classed as a small or large producer.
An organisation will be classed as a small producer if either:
An organisation will be classed as a large producer if both:
Small producers
To comply with these Regulations, small producers must do the following.
*Data collection period means:
Large producers
To comply with these Regulations, large producers must do the following.
Details on the data that needs to be collected and submitted are available for each type of producer in Schedule 1 (Collection and reporting information) and Schedule 2 (Licensors and Pub Operating Businesses).
Members of registered compliance schemes
A producer who is a member of a registered compliance scheme* is exempt from the data reporting obligations under these Regulations. Instead, the operator of the registered scheme must report the packaging data for them.
*Compliance schemes are third party organisations that help producers meet their EPR requirements. The public register of compliance schemes can be accessed here.
Regulator powers and duties
SEPA is responsible for the enforcement of these Regulations. SEPA must:
SEPA may also approve a person to verify the information submitted directly by a producer or provided by a producer to the operator of a scheme. The approved person would be, where the producer:
Offences and penalties
A producer who contravenes the duties under these Regulations, or fails (without reasonable excuse) to comply with any direction from SEPA, is guilty of an offence which is punishable by a fine.
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Jurisdiction: Republic of Ireland
Commencement: 1st January 2023
Amends: Energy (Biofuel Obligation and Miscellaneous Provisions) Act 2010 (Act 11 of 2010) and associated orders
On the 1st July 2010, the National Oil Reserves Agency (NORA) commenced its administration of Ireland’s Biofuel Obligation Scheme upon the introduction of the Energy (Biofuel Obligation and Miscellaneous Provisions) Act 2010. The Act was introduced to give effect to the provisions of the Council Directive 2009/28/EC on the promotion of the use of energy from renewable sources.
The Biofuels Obligation Scheme (BOS) places an obligation on suppliers of mineral oil to ensure that 16.985% (by volume) of the motor fuels (generally Gasoline and Motor Diesel) they place on the market in Ireland is produced from renewable sources, e.g. Ethanol and Biodiesel. The obligation was increased from 1st January 2023; it was previously 14.942%. Under the terms of the National Oil Reserves Agency Act 2007 (Returns and Biofuel Levy) Regulations 2010 (SI 356/2010), a Biofuel Levy of 2 cents per litre is payable on the sales of all Biofuels into the market with effect from the 1st July 2010.
Within the National Oil Reserves Agency (Renewable Transport Fuel Obligation Rate) Order 2022 ( see previous amendment), which requires suppliers of mineral oil to ensure that 16.985% (by volume) of motor fuel they place on the market is produced from renewable sources, the contribution from advanced biofuels* and biogas** is set to 0.300%.
*Advanced biofuels means biofuels that are produced from the feedstock listed here.
**Biogas means gaseous fuels produced from biomass.
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Jurisdiction: Great Britain
Commencement: 7th December 2022
Amends: The Environment Act 1995 (1995 c.25) – Part IV National Air Quality Strategy
The Environment Act 1995 introduced the idea of a National Air Quality Strategy to be prepared by the Secretary of State with requirements on Local Authorities to review local air quality for 7 pollutants and to adopt action plans to achieve air quality targets.
The Commencement Order as of 23 December 1997 implements various sections of the Environment Act 1995, Part IV relating to the role of Local Authorities in the management of air quality.
The Secretary of State has published a statement containing policies to assess and manage air quality. The statement includes standards relating to air quality objectives, including restrictions for the emission of particular substances, and measures to be taken by Local Authorities and others (the public, householders, vehicle owners, industry and commerce).
Local Authorities are required to survey and report air quality in their areas, this includes making a prediction of likely air quality level in the future. Local Authorities are empowered to establish Air Quality Management Areas where air quality standards are not, or are not likely to be met. Where this is the case an action plan must be produced setting out how standards will be met. Local Authorities are then able to use all exercisable powers in order to achieve objectives.
The Environment Agency must also have regard to the National Air Quality Strategy when carrying out its duties.
Although industry is not directly affected by this legislation regard must be had of indirect implications. Where air quality standards are not being met in an area, then the Local Authority will be under an obligation to reverse this trend using any exercisable powers. This may include increased restrictions or limits on industrial emissions to atmosphere.
National Highways is designated as the relevant public authority in relation to Part 4 (Air Quality) of the Environment Act 1995.
There are no changes to duties for organisations.
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Jurisdiction: Great Britain
Commencement: 22nd November 2022
Amends: The Renewable Heat Incentive Scheme Regulations 2018
The Renewable Heat Incentive Scheme Regulations 2018 revoke and replace the Renewable Heat Incentive Scheme Regulations 2011.
They continue the Renewable Heat Incentive (RHI) Scheme to facilitate and encourage the renewable generation of heat by giving subsidy payments to eligible generators of renewable heat and producers of biomethane.
*Note from 31st March 2021 the scheme is closed to new applicants barring a few exceptions. Payments for installations already accredited under the scheme will continue until 31st March 2041.*
Part 1: Introductory provisions
The Gas and Electricity Markets Authority (‘the Authority’) must make, to participants who are owners of accredited RHI installations, payments for generating heat that is:
The Authority must make periodic support payments to participants who are producers of biomethane for injection.
The Authority must not make periodic support payments for the generation of heat by an accredited RHI installation which the Authority considers is used for an excluded heat use. This includes heating a swimming pool other than one which is used for commercial or municipal purposes, drying digestate or woodfuel (with exceptions), and drying, cleaning or processing certain waste.
Part 2: Eligibility and matters relating to eligibility
Chapter 1 defines the eligibility criteria that must be satisfied for a plant to be eligible to participate in the Scheme.
Chapter 2 specifies the eligibility criteria other than those in relation to metering.
Chapter 3 specifies the eligibility criteria in relation to metering, setting out the types of meters which may be used, the requirements with which they must comply, and what must be measured.
Part 3: Accreditation, registration and tariff guarantees
An owner of a plant, including a plant which is additional RHI capacity, may apply for it to be accredited. An application for accreditation may be accepted or refused by the Authority.
A producer of biomethane for injection may apply to the Authority to be registered as a participant. An application for registration may be accepted or refused by the Authority.
In specified circumstances the Authority may or may not accredit a plant or register a biomethane producer where the participant has received a grant from public funds.
A person may apply for, and the Authority may grant preliminary accreditation in respect of, a plant and preliminary registration of biomethane producers.
In specified circumstances a person may apply for, and the Authority may grant a tariff guarantee subject to the budget allocation for, tariff guarantees set by the Secretary of State.
Part 4: Ongoing obligations for participants
Chapter 1 of Part 4 sets out ongoing obligations with which participants generating heat from biomass must comply.
Chapter 2 of Part 4 sets out ongoing obligations for participants who are generating heat from biogas and producing biomethane for injection.
Chapter 3 of Part 4 sets out the ongoing obligations for participants which are not specific to those participants generating heat from biomass or biogas or producing biomethane for injection.
Part 5: Sustainable solid biomass, biogas or biomethane
Part 5 imposes requirements in relation to solid biomass or biogas used to generate heat and on biomethane which is injected. These provisions require compliance with life cycle greenhouse gas emission limits and restrict the place from which solid biomass or feedstock for biogas or biomethane can be sourced.
Part 6: Changes affecting accredited RHI installations and registered producers
This Part specifies the powers of the Authority, including suspending payments where it is made aware of a change in circumstances affecting an accredited RHI installation, including where there has been a transfer in ownership or a change in location of an RHI installation, or a change in circumstances in respect of a shared ground loop system such that the heat generated by a ground source heat pump forming part of that system is required to be metered.
Part 7: Periodic support payments
Part 7 confers on the Authority the function of calculating and paying periodic support payments to participants. These Regulations specify the method by which tariffs are assigned; confer a function on the Authority to calculate and publish a table of tariffs each year, adjusted in line with the consumer prices index; and specify the method by which periodic support payments are calculated.
Part 8: Additional RHI capacity and additional capacity for biomethane production
This Part specifies how a plant using the same source of energy and technology as an accredited RHI installation and supplying heat to the same heating system (known as additional RHI capacity) and how a biomethane producer who produces biomethane which is additional to the capacity specified in the initial application (known as additional biomethane) are to be treated under the Scheme.
Part 9: Enforcement
Part 9 sets out requirements in relation to the enforcement of these Regulations.
Part 10: Administrative functions of the Authority
This Part confers various administrative functions on the Authority.
Part 11: Revocations and savings
Part 11 revokes the Renewable Heat Incentive Scheme Regulations 2011, and makes saving provisions in relation to that revocation.
In Schedule 4A (solid biomass which is wood: Criteria for woodfuel quality) of the Renewable Heat Incentive Scheme Regulations 2018, paragraph 2A is amended so that the requirements of paragraph 2 are suspended for a period of 12 months from 22nd November 2022.
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Jurisdiction: Great Britain
Commencement: 1st January 2023 with part of the amendment coming into force on the 1st April 2023
Amends: The Electricity (Guarantees of Origin of Electricity Produced from Renewable Energy Sources) Regulations 2003
The Electricity (Guarantees of Origin of Electricity Produced from Renewable Energy Sources) Regulations 2003 implement Article 5 of Directive 2009/28/EC on the promotion of the use of energy from renewable sources (the Renewable Energy Directive).
Article 5 requires Member States to ensure that a Guarantee of Origin (GOO) is issued, on request, in respect of electricity produced from renewable energy sources.
Guarantees of Origin (GOO) are certificates issued by ‘the Authority’ which certify that electricity or was produced from renewable energy sources.
Within the UK GOOs are called Renewable Energy Guarantees of Origin (REGOs)
The Gas and Electricity Markets Authority is designated as the body to issue Renewable Energy Guarantees of Origin (REGOs) in Great Britain.
REGOs must:
These Regulations amend The Electricity (Guarantees of Origin of Electricity Produced from Renewable Energy Sources) Regulations 2003 and The Guarantees of Origin of Electricity Produced from High-efficiency Cogeneration Regulations 2007.
The obligation for UK authorities to recognise certificates of origin (GOOs and GHPGOs) issued in the European Union is removed. These Regulations come into force on 1st January 2023.
*GOO means a guarantee of origin of electricity produced from renewable energy sources.
**CHPGO means a guarantee of origin of electricity produced from high-efficiency cogeneration.
The Electricity (Guarantees of Origin of Electricity Produced from Renewable Energy Sources) Regulations 2003 is amended by removing the obligations to recognise GOOs issued in an EU member State. The changes come into force on 1st April 2023.
The Guarantees of Origin of Electricity Produced from High-efficiency Cogeneration Regulations 2007 is amended by removing the obligations to recognise CHPGOs issued in an EU member State. The changes come into force on 1st January 2023.
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Starting with this month, certain producers must collect and report data on the packaging they produce in accordance with new data reporting Regulations. This will help calculate the Extended Producer Responsibility (EPR) fee that they will have to start paying from 2024. The Compliance People consultant Anca Alexa looks at this important change.
As the name suggests, the EPR is a new environmental policy that extends a producer’s responsibility to the post-consumer stage of their product’s life cycle. From 2024, producers must take responsibility for the environmental impact of the packaging they produce by paying for its collection and disposal once it becomes waste.
The data reporting Regulations will help calculate those fees. The following Regulations came into force on 28th February 2023 (Wales is expected to follow suit later this month).
The EPR defines packaging as any material that is used to cover or protect goods sold to consumers, including anything designed to be filled at the point of sale (e.g. coffee cups). However, there are some exceptions as outlined below.
Exempt packaging
The following types of packaging are exempt from the EPR requirements.
For the purposes of the EPR, a producer is any organisation operating in the UK as:
An organisation will be classed as a small producer if either:
An organisation will be classed as a large producer if:
Collecting and reporting data
In a nutshell, the main requirements for producers under the new ‘data reporting’ Regulations are to:
The data will be used to calculate the Extended Producer Responsibility (EPR) fee that producers will start paying next year.
When to report the data
This depends on whether your organisation is a small or large producer.
Small producers will need to report their data between January and April 2024.
Large producers will need to report their data every 6 months as follows.
These are the key takeaways for now. To find out more about the EPR, please check the data reporting Regulations entry applicable to your jurisdiction on our Legislation Update Service. There you will also find links to detailed guidance from the government to help you better understand the new requirements.
The Grenfell Tower fire has prompted a review of existing legislation on fire safety standards and building regulations. New legislation is due to come into force on 6th April 2023 and will make provisions for high-risk buildings. The Compliance People consultant Alison Long looks at this important change.
A high-risk building is any building that:
Owners and operators of high-rise buildings must now:
All high-risk buildings must be registered by October 2023.
The draft legislation can be viewed here.
Do you want to have your say on fire safety standards and building regulations?
Take a look at the following consultations issued by the Health and Safety Executive (HSE) and the Welsh Government.
In Summary
Organisations are required to register with the BSR and appoint a principle accountable person for high-risk buildings. The deadline for compliance is currently October 2023.
As most of you will know by now, The Compliance People is a social enterprise, meaning 100% of all profits raised by our business are donated to our parent charity, Newground Together.
Recently, Newground Together announced a partnership with Sheffield-based, Manor and Castle Development Trust (M&CDT). They are a community-led organisation that “reaches the parts that other organisations cannot reach,” and has a long track record of providing employment support services in the area.
According to Julie, a member of M&CDT team, “Our first step is to have a chat and find out about the person, this way, we can tailor our support to their needs and support them in overcoming the barriers they face in finding work. We can signpost people to other services, for example, to help with issues relating to debt, housing, health and wellbeing, digital exclusion, and confidence.”
She added, “We always work one-to-one with people [rather than in groups], offering a personalised approach, that builds rapport and gets better results.”
Through the partnership with Newground Together, M&CDT has been able to offer the below services.
A project beneficiary has said, “You are a friendly, inclusive organisation, who has helped me in every aspect of my life and helped me in finding employment.”
Belle Paterson, Newground Together’s Community Grants Officer has said, “This project has shown just what we can deliver together. Although the current project is set to end in June, M&CDT and Newground Together are excited about the possibilities for the future.”
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