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Jurisdiction: United Kingdom
Commencement: 20th July 2022
Amends: The Construction Products Regulations 2013
The Construction Products Regulations 2013 provide an enforcement and penalty regime in the United Kingdom to ensure that construction products placed on the UK market are safe and compliant with safety standards.
The duties apply to manufacturers, importers and suppliers of construction products, but not to users.
Note about terminology
These Regulations implement Regulation (EU) 305/2011 laying down harmonised conditions for the marketing of construction products (referred to below as ‘the EU Construction Products Regulation’). Since 1st January 2021, the EU Construction Products Regulation has been replicated into law in Great Britain as the GB Construction Products Regulation. Therefore, when reading this entry be careful to differentiate between:
Overview – The Construction Products Regulations 2013
The Construction Products Regulations 2013 originally provided for enforcement of the EU Construction Products Regulation within the UK.
Since 1st January 2021 The Construction Products Regulations 2013 have been amended so that they implement the GB Construction Products Regulation within Great Britain only.
The Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (‘EU-UK Withdrawal Agreement’) and the associated Northern Ireland Protocol provide that Northern Ireland continues to apply EU rules. Therefore the EU Construction Products Regulation continues to apply in Northern Ireland.
Ongoing implementation of the EU Construction Products Regulation in Northern Ireland is now covered by The Construction Products (Amendment etc.) (EU Exit) Regulations 2020. Implementation of the EU Construction Products Regulation in Northern Ireland remains very similar to implementation of the GB Construction Products Regulation in Great Britain. This entry therefore also describes the duties which apply in Northern Ireland as set out in The Construction Products (Amendment etc.) (EU Exit) Regulations 2020.
Overview – the EU Construction Products Regulation
The EU Construction Products Regulation provides for construction products to comply with harmonised safety standards or, where no direct standard exists, with a ‘European Assessment Document’. The Regulation requires conformity assessment of various types of construction product placed on the EU market and for those products to be CE marked and an EU Declaration of Conformity to be prepared.
Overview – the GB Construction Products Regulation
The GB Construction Products Regulation generally mirrors the EU Construction Products Regulation, but with some modifications in terminology.
The GB Construction Products Regulation requires construction products to comply with safety standards or, where no direct standard exists, with a ‘UK Assessment Document’. The Regulation requires conformity assessment of various types of construction product placed on the GB market and for those products to be UK CA marked and a Declaration of Conformity to be prepared. As at 1st January 2021 the safety standards are the same standards as required in the EU Construction Products Regulation. It is possible that the GB and EU standards may diverge in the future.
Duties
Various duties apply.
Amendment
These Regulations amend The Construction Products Regulations 2013 and The Construction Products (Amendment etc.) (EU Exit) Regulations 2020 (see below).
The definition of enforcement authority is amended.
The Secretary of State is given enforcement powers, as set out in regulation 14.
The enforcement authority must notify the Secretary of State of any suspension notices that have been issued and any applications for forfeiture. This requirement does not apply where the enforcement authority is the Secretary of State.
There are no changes to duties for organisations.
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Jurisdiction: Republic of Ireland
Commencement: 27th May 2022
Amends: The Infectious Diseases Regulations 1981
The Infectious Diseases Regulations 1981 specify certain notifiable infectious diseases to which certain duties apply. Note that the Regulations create duties for medical professionals and for the Health Service Executive.
The Regulations have been amended and updated multiple times. The Regulations have been amended to add Covid-19 as a notifiable disease.
There are no general duties for employers.
Duties
Various duties apply, but there are no general duties for employers.
Amendment
Human monkeypox infection is added to the list of notifiable diseases. A medical practitioner must immediately notify a medical officer if it is suspected or known that a person is infected with this disease.
In addition, a person who is likely to be infected with the human monkeypox virus may be detained and isolated to safeguard against the spread of the disease.
There are no general duties for employers.
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Jurisdiction: United Kingdom
Commencement: 1st September 2022
Amends: Building Safety Act 2022 (c. 30)
The Building Safety Act 2022 introduces changes to building regulation and control for higher-risk buildings (buildings of at least 18m in height or with at least 7 storeys, and in either case containing at least 2 residential units) in England. It is made primarily in response to the Grenfell Tower disaster and the inadequacies that caused it.
To enable these changes, this Act establishes a building safety regulator as part of the Health and Safety Executive (HSE), with the objectives of securing the safety of people in / around buildings and improving the general standard of buildings. This regulator enforces the many new duties imposed on an accountable person in relation to higher-risk buildings, laid out in this Act. In addition to higher-risk buildings, this Act also lays the groundwork for future regulations on prohibition of development and building control and construction products, and makes significant amendments to the Building Act 1984.
Section 126 lays down the groundwork for the establishment of ‘building industry schemes’ by the Secretary of State. These will be created to help ensure safety in and around buildings as well as to improve the overall standard of buildings.
Different sections of this Act come into force at different times (outlined in Section 170). Part 2 (The regulator and its functions) and Part 4 (Higher-risk buildings) largely come into force for the purposes of making additional regulations under this Act on the day this Act is passed. Part 3 will be brought into force by subsequent regulations made by either the Welsh Ministers (for Wales) or Secretary of State (for England).
Premises to which the Fire Safety Order applies:
Where a building contain two or more sets of domestic premises, the Order will apply to:
Power to change premises to which the Fire Safety Order applies:
In England, the Secretary of State is given the power to make changes, or to clarify the premises the Order applies to, through further Regulations. In Wales, this power is give to the Welsh Ministers. In both cases, they must carry out a consultation beforehand.
Various duties apply.
Amendment
Sections 126 to 129 of the Building Safety Act 2022, relating to building industry schemes and prohibitions on development and building control, come into force on 1st September 2022
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An environmental civil sanction is a non-criminal penalty given to an individual or company for committing an environmental offence. It is an alternative enforcement response to prosecution or to being given a formal caution. Environmental regulators enforce the requirements of environmental laws, permits, licences and consents, and civil sanctions provide a wider range of enforcement options as well as provide the ability to enforce against environmental offences without going to court. Civil sanctions are only available for specific environmental offences in England, Scotland and Wales.
WHO ARE THE ENFORCEMENT BODIES?
The environmental regulators that can enforce civil sanctions for each jurisdiction are:
WHAT TYPES OF ENVIRONMENTAL CIVIL SANCTIONS ARE THERE?
There are several environmental civil sanctions as outlined below.
N.B. Not all the civil sanctions listed are available for every environmental offence.
WHEN ARE THEY USED?
Civil sanctions are used when it is deemed by the regulator that it would not be in the public interest to prosecute for the offence committed, and where it is decided that a civil sanction is an adequate enforcement response to the nature of the offence, and is an appropriate deterrent to the offender and others. They are available for specific offences under a number of pieces of legislation, most notably:
Each environmental regulator has issued guidance detailing the enforcement responses it has available for each kind of offence.
WHICH LEGISLATION APPLIES?
The Regulatory Enforcement and Sanctions Act 2008 gave regulators a range of new powers to impose civil sanctions.
In England, The Environmental Civil Sanctions (England) Order 2010 sets out in Schedule 5 the offences to which civil sanctions may be imposed by the EA and Natural England (NE).
The Welsh Government introduced The Environmental Civil Sanctions (Wales) Order 2010 which gave the Environment Agency Wales (the former environmental regulator) the power to impose civil sanctions for a range of environmental offences. These functions now sit with NRW following the creation of the new body in 2013.
In Scotland, SEPA have very similar powers under Part 3 of the Regulatory Reform (Scotland) Act 2014.
On a basic level, electromagnetic fields (EMFs) are invisible areas of energy and a form of radiation. EMFs are produced wherever electrical equipment (including computers and mobile phones) is used. They are present in virtually all workplaces, and with most electrical equipment, these EMFs have no discernible effect on people.
However, in some cases, electric equipment can create electromagnetic fields that are of a high enough level to cause harm, at which point employers may need to take action.
WHAT TYPE OF EQUIPMENT CAN GENERATE POTENTIAL HARMFUL EMF LEVELS?
Examples of the types of equipment which may generate potential harmful EMF include:
WHICH BUSINESSES ARE LIKELY TO BE HIGHER RISK?
The harmful effects from EMF are very rare and don’t happen in most day-to-day situations at work. There are some business sectors in the United Kingdom (UK) where the risks are higher. These are:
PEOPLE AT RISK
Employees at particular risk include those who have informed you of any condition, which could mean they are more susceptible to the effects from EMF exposure. This includes those who:
WHAT LEGISLATION COVERS EMF?
The Control of Electromagnetic Fields at Work Regulations 2016, known as the CEMFAW Regulations, apply in England, Wales and Scotland.*
*In Northern Ireland The Control of Electromagnetic Fields at Work Regulations (Northern Ireland) 2016 apply.
There are very few circumstances when the Regulations do apply. These circumstances are set by the Health and Safety Executive (HSE).
EMF is a complex and technical area. To find out more about EMF visit The International Commission on Non-Ionizing Radiation Protection (ICNIRP). This independent organisation provides scientific advice and guidance on the health and environmental effects of non-ionising radiation.
In the UK, the HSE provides guidance to employers in the free publication Electromagnetic fields at work: A guide to the Control of Electromagnetic Fields at Work Regulations 2016 (HSG281).
In Northern Ireland, the Health and Safety Executive Northern Ireland (HSENI) provides guidance – see their publication Electromagnetic fields (EMFs).
Jurisdiction: England
Commencement: 16th May 2022
Amends: Fire Safety Act 2021
The Fire Safety Act 2021 makes changes to The Regulatory Reform (Fire Safety) Order 2005, bringing buildings which contain two or more sets of domestic premises into scope (domestic premises were previously exempted). This means the building’s structure, external walls and any common parts in these types of premises will now be subject to the requirements of the Order, which are already in place for non-domestic premises (such as factories or offices).
The Act gives the Government power to change premises to which the Order applies in future (this is expected as further changes to fire safety legislation follow the completion of the Grenfell fire inquiry). It also amends risk based guidance about the discharge of duties under the Order.
Premises to which the Fire Safety Order applies
Where a building contain two or more sets of domestic premises, the Order will apply to:
Power to change premises to which the Fire Safety Order applies
In England, the Secretary of State is given the power to make changes, or to clarify the premises the Order applies to, through further Regulations. In Wales, this power is give to the Welsh Ministers. In both cases, they must carry out a consultation beforehand.
There are no additional duties for business under this Act
Buildings which contain two or more sets of domestic premises will now be subject to the requirements of The Regulatory Reform (Fire Safety) Order, which are already in place for non-domestic premises. These include a general duty to ensure, so far as is reasonably practicable, the safety of employees, a general duty in relation to non-employees to take such fire precautions as may reasonably be required in the circumstances to ensure that premises are safe, and a duty to carry out a risk assessment. It also brings the owners and managers into scope of enforcement powers for non-compliance with the legislation.
Changes to risk based guidance about the discharge of duties under the Fire Safety Order
Guidance in the Order (Article 50) is amended so that in legal proceedings, where it is alleged someone has contravened Articles 8 to 22 of the Order:
Article 50 is also amended to require the Secretary of State to carry out a consultation before revising or withdrawing any risk based guidance in relation to relevant buildings.
The following two definitions are also added to the guidance:
Relevant building – a building in England containing two or more sets of domestic premises.
Risk based guidance – guidance about how a person who is subject to the duties in the guidance in relation to more than one set of premises is to prioritise the discharge of those duties in respect of the different premises by reference to risk.
Amendment
These Regulations bring into force Section 1 (Premises to which the Fire Safety Order applies) of the Fire Safety Act 2021. Where a building contains two or more sets of domestic premises, The Regulatory Reform (Fire Safety) Order 2005* will apply to:
*The Regulatory Reform (Fire Safety) Order 2005 places duties on employers and any person in control of business premises (‘responsible person’) to manage fire safety in those premises. The Fire Safety Act brought domestic premises into the scope of the Regulatory Reform (Fire Safety) Order 2005.
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Jurisdiction: Northern Ireland
Commencement: 11th April 2022
Amends:
The Waste Management Licensing Regulations (Northern Ireland) 2003 bring into operation the waste management licensing system under Part II of the Waste and Contaminated Land (Northern Ireland) Order 1997. These Regulations apply to those persons involved in the collection, storage, treatment and disposal of controlled waste.
The Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations (Northern Ireland) 1999 make it a criminal offence for a person who is not a registered carrier to transport controlled waste to or from any place in Northern Ireland. It also provides for the seizure and disposal of vehicles used for illegal waste disposal. These Regulations also establish a system for registration of carriers of controlled waste.
Amendment
The Waste Management Licensing Regulations (Northern Ireland) 2003 and The Controlled Waste (Registration of Carriers and Seizures of Vehicles) Regulations (Northern Ireland) 1999 are amended to increase the fees and charges for the registration of brokers, dealers, and carriers of controlled waste. The fees are as follows.
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Jurisdiction: Republic of Ireland
Commencement: 17th June 2022
Amends: European Communities Environmental Objectives (Surface Waters) Regulations 2009
The European Communities Environmental Objectives (Surface Waters) Regulations 2009 give effect to Directive 2008/105/EC on environmental quality standards regarding water policy, Directive 2000/60/EC which provides for a framework for action on water policy in the European Community and Directive 2006/11/EC on pollution caused by dangerous substances discharged into the aquatic environment.
The Regulations are applicable to all surface waters and provide for the following:
The Regulations revoke the Local Government (Water Pollution Act 1977) (Water Quality Standards for Phosphorus) Regulations 1998 (SI 258/1998) RWAT4 and the Water Quality (Dangerous Substances) Regulations 2001 (SI 12/2001) RWAT6.
Amendment
The definition of ecological status is amended to mean the quality and functioning of aquatic (surface water) ecosystems.
A series of definitions are added.
References to Table 4A in Schedule 4 are replaced with references to section 1.2 of Annex V of the Water Framework Directive.
Minor technical changes are made to Article 32.
Monitoring the ecological and chemical status of water bodies
Part IVA sets out the procedure for setting chemical, water quality, sediment and biota* standards for:
*Biota means the animal and plant diversity of a particular region.
These standards must:
Surface water monitoring network
The Environmental Protection Agency (EPA) must establish and maintain a surface water monitoring network* for the following taxa**.
*A surface water monitoring network consists of a surveillance monitoring programme, an operational monitoring programme and a programme of investigative monitoring.
**Taxa refers to a group of organisms or species that are genetically similar.
This monitoring network must:
Presenting monitoring results
Estimates for the level of confidence and precision of the results obtained must be set out in the river basin management plan.
Results must be formatted in accordance with Tables 1 and 2 in Schedule 3.
The EPA must indicate whether failure to achieve good ecological status is the result of noncompliance with environmental quality standards.
There are no duties for organisations.
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Jurisdiction: England
Commencement: 8th June 2022
Amends: The Health Protection (Notification) Regulations 2010
The aim of The Health Protection (Notification) Regulations 2010 is to prevent and protect against the spread of infection or contamination from specified infectious diseases within England.
The Regulations place a duty on registered medical practitioners (i.e. doctors) to notify the local authority if they treat a patient known or suspected to be infected or contaminated with specific infectious diseases, including the “Coronavirus” (2019-nCoV) or “COVID-19”.
Under the Regulations, medical or clinical laboratories involved in testing of human samples must report to Public Health England when a test detects a listed ‘causative agent’ (i.e. pathogens such as certain bacteria and viruses) that could lead to the development of a specified infectious disease.
The Regulations do not place duties on any other types of business.
Various duties apply.
Amendment
Monkeypox is added to Schedule 1 (List of notifiable diseases) and the monkeypox virus is added to Schedule 2 (List of causative agents*). Medical practitioners, i.e. doctors must notify the local authority if they treat a patient known or suspected to be infected or contaminated with monkeypox.
*Causative agents are microorganisms (pathogens) that can cause diseases or infections.
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Jurisdiction: UK
Commencement: 27th May 2022
Amends: Automated and Electric Vehicles Act 2018
This Act set out duties for the Secretary of State and places no direct duties on businesses.
Amendment
Section 11 of the 2018 Act came into force on 27th May 2022. The Secretary of State may now make regulations requiring large fuel retailers and service area operators to provide and maintain public charging points for electric vehicles.
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