Ross Wright, Author at The Compliance People

Part 2: Categories of and excepted vehicles
This Part sets out the categories which vehicles are divided into for the purpose of Part 3 of the Road Traffic Act 1960 (Driving Licences).

Part 3: Licences – Disqualifications related to age
This Part sets out the age a person must be to hold a driving licence for certain categories of vehicle.

Part 4 and 5: Driving licences & provisional licences
These Parts set out how driving and provisional licences should look and what information it should include. It also sets out fees for licences and details of the application process.

Part 6: Certificates of competency
This Part details driving tests. It sets out application process; the fees for the test; the test vehicle requirements and the criteria which must be met to successful pass a driving test.

Part 7: Codes
This Part sets out codes which must be included in a certificate of competency to indicate that the recipient of the certificate is subject to certain restriction, i.e. modified vehicle.

Part 8: Health and fitness
This Part details driving health and fitness certificates and requirements for medical reports and eyesight reports to be provided.

Part 9: Enforcements and disqualifications
This Part details different disqualification orders and the enforcement of those orders.

Part 10: Identify
This Part sets out requirements for the photographs which must accompany an application for a driving or provisional licence and evidence of identity.

Part 11: Records
This Part set out how long licensing authority must keep records in relation to driving licences and provisional licences.

Licensing authorities are required to make a note of additional information on a person’s driving licence in accordance with regulation 32. This includes whether a driving licence has been exchanged for a licence issued in the Republic of Ireland.

Regulation 32 is updated to add a code for licences that:

have been exchanged in the Republic of Ireland; and
were issued by the driver licensing authority in Ukraine.

This amendment has no direct relevance to health and safety matters.

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Our Environmental Aspects Training for ISO 14001:2015 has been created for anyone who needs to know more about environmental aspects or wants to refresh their knowledge.

In this course you will learn how to build the environmental aspects register for your organisation from start to finish, allowing you to get stuck in and gain valuable feedback from our experienced consultants. (Even if you already have a register, you will pick up tips to improve and refresh your current register.)

Our aspects course has been built “remote first”, meaning we’ve tailored this course to be delivered virtually via Microsoft Teams. We’ve also split the course over two half-day sessions to help ease the burden on your schedule and to avoid training fatigue. Our consultants are qualified virtual trainers, and as a team, we know that attendees get more out of this format than an all-day remote training course.

The Grenfell Tower disaster on 14th June 2017 provided the catalyst for significant change in building safety regulation across the UK. These changes aim to ensure that this type of catastrophic disaster will never occur again.

You may recall that last month we published an article on the changes and what you can expect to happen.

As promised, we’ve put together a pre-recorded webinar that discusses these changes and explains the new duties that have been introduced. You can watch the webinar right away by clicking the button below.

By now, we are sure that you know that 100% of all profits generated by our business are gift aided to our parent charity, Newground Together.

Newground Together, is a charity operating in the North of England that aims to create better lives and opportunities for our communities.

Here’s a quick overview what Newground Together achieved in 2021/2022 and the work that the charity carried out. This couldn’t have happened without your support.

Just to put that into perspective, this is what the charity has achieved because of your business.

Without your support we really wouldn’t be able to make a difference in the lives of so many. For that, we want to say a massive thank you for your continued support.

The Water Environment and Water Services (Scotland) Act 2003 sets out the arrangements for the protection of the water environment in Scotland and was put in place to meet the requirements of the Water Framework Directive, the Groundwater Directive and the Priority Substances Directive. It puts duties on the Scottish Environmental Protection Agency (SEPA), Scottish Water and the Scottish Ministers, and may be of interest to those involved in water management or supply in Scotland.

The Protection of Water Against Agricultural Nitrate Pollution (Scotland) Regulations 1996 purpose is to lower nitrate levels in rivers and groundwater sources affected by nitrate pollution, and to reduce eutrophication of freshwater bodies, estuaries and coastal waters.

The Water Environment (Shellfish Water Protected Areas: Environmental Objectives etc.) (Scotland) Regulations 2013 make further provision in relation to shellfish water protected areas within the Scotland River Basin District in order to support shellfish life and growth, and to contribute to the high quality of shellfish products suitable for human consumption.The Shellfish Waters Directive (2006/113/EC) was introduced to protect designated areas of water from pollution in order to support shellfish life and growth. This Directive has since been repealed and these Regulations are brought into force to offer continued support for the sustainable growth of the shellfish sector in Scotland.

The Flood Risk Management (Scotland) Act 2009 implements the EC Floods Directive 2007/60/EC. The purpose of the Directive is to establish a framework for the assessment and management of flood risks, aiming at reduction in adverse consequences for human health, the environment, cultural and economic activity.

The Environmental Noise (Scotland) Regulations 2006 implement the requirements of Directive 2002/49/EC relating to the assessment and management of environmental noise (“Environmental Noise Directive”), in Scotland which was brought in with the aim of having a common approach across the EU to avoid, prevent or reduce the harmful effect of noise, such as nuisance.These Regulations apply to environmental noise to which humans are exposed, particularly in built up areas, in public parks or other quiet areas, in an agglomeration (i.e. a urban area with a high population), near schools, hospitals and other noise sensitive buildings and areas.They do not apply to noise that is caused by an individual such as from domestic activities, noise created by neighbours, noise at work places or noise inside means of transport or due to military activities in military areas.The Scottish Ministers are required to compile a consolidated noise map comprising of all the strategic noise maps required by these Regulations.

Deficiencies in Scottish legislation that resulted from the EU Exit, relating to water environment, flood risk management, noise pollution control, air quality and animal health are addressed. The changes are as follows.

The Water Environment and Water Services (Scotland) Act 2003 is updated to remove EU obligations of the UK.
The Protection of Water Against Agricultural Nitrate Pollution (Scotland) Regulations 1996 is updated to clarify duties of the Scottish Environmental Protection Agency (SEPA) to monitor nitrate concentrations in freshwater.
Technical changes are made to Water Environment (Register of Protected Areas) (Scotland) Regulations 2004 and Water Environment (Shellfish Water Protected Areas: Environmental Objectives etc.) (Scotland) Regulations 2013 to reference EU retained law.
The Flood Risk Management (Scotland) Act 2009 is updated by minor technical changes to reference Scottish Ministers and EU retained law.
The Environmental Noise (Scotland) Regulations 2006 is updated to give a definition of an external competent authority.
The Air Quality Standards (Scotland) Regulations 2010 is updated to reference Scottish Ministers and to reference UK legislation.

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The Green Gas Support Scheme (Amendment) Regulations 2022 introduce the Green Gas Support Scheme and Green Gas Levy. They are relevant to licenced gas suppliers who are required to pay a quarterly levy to fund the scheme and scheme participants who are provided with a tariff guarantee for biomethane injected into the grid.

Duties

Various duties apply.
Amendment

In response to inflation, the methods used to adjust a person’s guaranteed tariff* are revised. Any adjustments to guaranteed tariffs will now be made at the start of the financial year by the percentage increase, or decrease, in the consumer price index (CPI)** over the previous year.

*All Green Gas Support Scheme (GGSS) applications require a tariff guarantee, which means that once a participant has a tariff awarded and is fully registered on the scheme, they will receive that tariff throughout the GGSS payment period, regardless of any future fluctuations.

**CPI is an indicator used to measure inflation by tracking the change in prices over time, paid by consumers for a basket of goods and services.

Amendments are also made to the method used to calculate the estimated total budget commitment, so that it better reflects expected future payments for additional biomethane capacity. In order to see if there is enough budget to accept new applications to the GGSS, the estimated total budget commitment for each financial year will be checked against the budget allocation published by the Secretary of State.

N.B. The Department for Business, Energy and Industrial Strategy (BEIS) is in charge of setting an annual tariff guarantee budget cap. BEIS may only issue a tariff guarantee if there is available budget not already committed.

There are no changes in duties for organisations.

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The Planning and Development Regulations 2001 were created under the Planning and Development Act 2000. The regulations deal with practical matters such as requirements for site notices, fees for applications and time limits. The regulations also cover Environmental Impact Assessments (EIA) contents and exemptions.

Under the Planning and Development Regulations 2002, the scales of location maps are modified to be used in areas other than built-up areas.

Duties

Any person making a planning application should be aware of the Regulations as a failure to comply will result in a planning application being rejected. Planning permission involves applying to the relevant planning authority and ensuring that any development that is carried out complies with the terms granted in the planning permission. Any planning application should also comply with the technical requirements regarding site notices and advertisement.
Amendment

The Health Service Executive (HSE) may use any of the following as temporary public vaccination centres or public infection testing centres.

A school, college, university, or training centre.
A social centre or community centre.
Non-residential clubs.
An art gallery, museum, shop, or library.
A sports club, gymnasium, or stadium.
A hotel.
A convention or conference centre.
Defence Forces barracks.
A light industrial building, wholesale warehouse or repository.
A local authority administrative office.
Any other structure normally used for public worship or religious instruction.

Temporary use must not exceed 12 months.

The Regulations cease to have effect on 30th March 2024.

This amendment has no direct relevance to environmental matters.

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Following the UK’s exit from the EU, The Greenhouse Gas Emissions Trading Scheme Order 2020 establishes a UK Emissions Trading Scheme (UK ETS) covering greenhouse gas emissions from power and heat generation, energy intensive industries and aviation.
Duties

Various duties apply
Amendment

A number of changes are made to the 2020 Order, as summarised below.

The power to inspect premises to ensure compliance with the Order, may be exercised by an ‘authorised person’*, besides the regulator**.
Any person intentionally getting in the way of the regulator or an authorised person whilst they are inspecting premises commit an offence under regulation 40 (Powers of entry, etc.).
Individuals who fail to comply with a notice to return allowances as per Article 34V (Return of allowances: notice to operator, etc.) may be liable for a civil penalty. The civil penalty is:
- £20,000; and
- £1,000 for each day the person fails to comply with the notice to return allowances (starting with the day on which the initial notice is given).
Lastly, where an installation permit is surrendered, or revoked, the operator will not have to pay a second ‘excess emissions penalty’*** if they fail to surrender any allowance shortfall from previous scheme years, in accordance with Article 52 (Failure to surrender allowances).

*An authorised person is a person authorised, in writing, by an enforcing authority to exercise the regulator’s powers under this Order.

**The regulators are:

the Environment Agency (EA) in England;
Natural Resources Wales (NRW) in Wales;
the Scottish Environment Protection Agency (SEPA) in Scotland;
the chief inspector in Northern Ireland; and
the Secretary of State for offshore installations (stationary technical units where one or more regulated activities listed in Schedule 2 are carried out).

***The excess emissions penalty is a civil penalty that the operator of an installation, or an aircraft operator, must pay if they fail to surrender allowances. The penalty is £100 multiplied by the inflation factor for each allowance that is not surrendered.

Articles 24, 26 and 31 to The Greenhouse Gas Emissions Trading Scheme (Amendment) Order 2020 are revoked and replaced by Articles 7, 11, and 12 respectively, in this Order. This substitution does not bring any changes to duties for organisations.

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Amends: The Road Vehicles (Construction and Use) Regulations 1986
Mini Summary

The Road Vehicles (Construction and Use) Regulations 1986 aim to ensure that vehicles are made to high standards, to ensure that such standards are maintained while in use and that they are roadworthy. The Regulations state that it is an offence to use a road vehicle if it is emitting smoke, visible vapour, grit, sparks, ashes, cinders or oily substances in such a way as is likely to cause damage to property or injure any person.
Duties
Emissions levels shall be checked as part of the annual MOT for cars and roadworthiness checks for HGVs and stipulate for:

Petrol engine vehicles first used on or after 1st August 1975 and before 1st August 1986, CO should not exceed 4.5% of total exhaust emissions by volume and HC 0.12 volume. Those used after 1st August 1986 and before 1st August 1992, Co not to exceed 3.5% and HC 0.12% respectively.

For diesel fuelled passenger cars and light commercials less than 3,500 kg, first used before 1st August 1995 visual inspections only required. For all other diesel vehicles maximum smoke value to be 3.0 per metre or for turbos 2.5 per metre.

For petrol vehicles first used on or after 1st August 1992 and other vehicles 1st August 1994 listed in DETR publication In Service Exhaust Emission Standards for Road Vehicles, will be required to meet emissions limits specified by the manufacturer.
Amendment

Drivers of an automated vehicle must be able to view information displayed on any built-in apparatus within the vehicle. This is to ensure that the driver is aware of any requests to take control of the vehicle.

Regulation 109 prohibits drivers from viewing television or cinematographic apparatus while driving for reasons other than displaying information:

about the state of the vehicle or its equipment;
about the location of the vehicle and the road on which it is located;
to assist the driver to see the road adjacent to the vehicle; or
to assist the driver to reach their destination.

Regulation 109 is updated to enable drivers of automated vehicles to view information of any sort (including non-driving related information) provided:

the vehicle is driving itself and is not requesting the driver to take control; and
the information is viewed through the vehicle’s in-built apparatus.

This amendment has no direct relevance to environmental matters.

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As part of our commitment to our customers, 100% of all profits generated by The Compliance People are gift-aided to our parent charity, Newground Together. Every month, we like to take a moment to show how your support has helped others.

This month we take a look at how the “More Positive Together Steps” program put together by our parent charity has given people the skills to enter the workplace.

In February 2022, Blackburn resident Favour received a text about an education course that Newground Together was delivering. The More Positive Together course was created to offer residents in some of the most deprived areas the chance to improve their skills and employment prospects.

Favour, who has three children, had recently started volunteering for Refugee and Asylum seekers organisations, one of which was DARE (Darwen Asylum Refugee Enterprises). Favour became passionate about helping people with mental health problems and was involved in various voluntary activities to support vulnerable groups. She also went on to study at Blackburn College for her English, Maths and ICT.

After finishing the More Positive Together course, Favour met with Newground Together Senior Employability advisor Zainab to update her CV and add the five education qualifications she had just acquired. Favour was nervous but very excited about the opportunities this gave her as she was keen to pursue a career in education.

Favour was keen to get started, and with support from Newground Together, she immediately applied for various roles in schools across Blackburn.

Favour very quickly received responses from the applications she had made and, at one point, received three interviews in one week!

Having cared for her own children, Favour had never attended a job interview. To help prepare Favour and ease any nerves, Zainab from Newground Together hosted some mock interviews. This process massively eased Favours nerves. She performed brilliantly at the interviews and was offered three jobs!

Favour swiftly accepted two of these jobs, one as a welfare assistant post in a school and another as a play worker at Blackburn Youth Zone.

Favour said, “Without the education course, application support and interview preparation, I believe I would not have secured employment.”

When asked what difference this has made to her life she said, “It will make all the difference as my confidence and my wellbeing has improved so much and I now know that I can achieve anything I want and more! Above all else my children are so proud of me and that gives me hope for them and the future.”

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