Stay up-to-date with topical news and legislation from The Compliance People. Selected updates direct to your inbox.
Jurisdiction: United Kingdom
Commencement: 24th January 2022
Amends: The Environment Act 2021
Amendment
Various sections of the Environment Act 2021 (‘the Act’) are brought into force throughout 2022.
Large sections of the Act are bought into force on 24th January 2022, including:
The full list of sections bought into force on 24th January 2022 can be found in regulation 2.
Section 21 of the Act, which reports on international environmental protection legislation, comes into force on 1st April 2022.
Sections of the Act relating to air quality come into force on 1st May 2022. The list of specific sections relating to air quality are listed in regulation 4.
Part 7 of the Act on conservation covenants and its related schedules are bought into force on 30th September 2022.
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 January 2023
Amends: The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009
The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009 (“CDG”) govern:
CDG implements Directive 2008/68/EC on the Inland Transport of Dangerous Goods (“Dangerous Goods Directive”) and revokes The Carriage of Dangerous Goods and use of Transportable Pressure Equipment Regulations 2007. The 2008 Directive required Member States to implement into national legislation the requirements of the European Agreement concerning the International Carriage of Dangerous Goods by Road (“ADR”) and the Regulation Concerning the International Carriage of Dangerous Goods by Rail (“RID”). CDG implements the Directive by making the provisions of ADR and RID enforceable in Great Britain.
CDG also re-transposes Directive 1999/36/EC on transportable pressure equipment. (Note that the Directive has since been replaced by Directive 2010/35/EU on transportable pressure equipment, which has in turn by transposed by The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment (Amendment) Regulations 2011).
CDG also transposes parts of:
both of which relate to measures to be taken in connection with a radiological emergency.
Amendment
From 1st January 2023, conformity assessments for Transportable Pressure Equipment (TPE) carried out by EU established bodies are prohibited from being placed on the GB market. Only TPE conformity assessed by a GB appointed body and marked with a UK ‘rho’ (UK TPE) marking or ‘qualifying Northern Ireland TPE,’ would be accepted on the GB market.
EU assessed ‘pi‘ marked TPE placed on the GB market before the UK’s withdrawal from the EU can continue to circulate until they have reached their end user.
Conformity assessment bodies must facilitate the exchange of information to allow transferral of conformity assessments between GB and EU.
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 April 2022
Amends: New Legislation
Part 2 of the Finance Act 2021 introduced the Plastic Packaging Tax and set out its framework and key definitions. Powers are also given to make secondary legislation that further set out the scope and procedures of the tax.
Exercising the powers of the Finance Act 2021, these Regulations put forward detailed administrative requirements for the Plastic Packaging Tax, which comes into force on 1st April 2022.
A plastic packaging component becomes chargeable to the tax when it is considered ‘finished,’ i.e. a finished product that was manufactured in the United Kingdom (UK), or imported into the UK.
A plastic packaging component is classed as finished after it has completed its final substantial modification.
Definition of substantial modification
Substantial modification is the final manufacturing process that changes the features of a packaging component. These include changes of its:
These manufacturing processes include:
The following are not considered substantial modification processes:
If multiple processes are carried out at the same time to finish a packaging component, and at least one is the last substantial modification process, then all other processes that are carried out at the same time would also be regarded as the substantial modification process.
If plastic packaging components are imported into the UK, and they have already undergone their final substantial modification process, they would be regarded as finished and would be chargeable to the tax.
There are various duties for organisations which can be read in The Legislation Update Service.
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 April 2022
Amends: New Legislation
The Plastic Packaging Tax was introduced by the Finance Act 2021 to encourage the use of recycled plastic instead of new plastic material within plastic packaging. The tax will apply to chargeable plastic packaging components produced in the United Kingdom (UK) or imported into the UK by an organisation.
Section 48 of the Finance Act defines packaging components as products that are designed for containing, protecting, handling, delivering or presenting goods at any stage in the supply chain from producer to user or customer; these can be either alone or in combination with other products.
An amendment to the definition of packaging components is necessary to ensure that the tax is properly targeted. Instead of an exhaustive list, the definition uses categories to describe the products, which will allow additional products to be added without the need for further legislation.
The definition is amended by the:
The definition of ‘packaging component’ is changed by removing the following categories of packaging products that do not contribute towards environmental harm.
Packaging products that are mainly designed for long-term storage by consumers, and are suitable for re-use as storage for similar goods, are removed from the definition of ‘packaging component’. These products typically do not contribute to plastic pollution. Examples of these include:
For the full list of exceptions & exemptions, the full piece of legislation is available in The Legislation Update Service.
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: Scotland
Commencement: 9th March 2022
Amends: The Environment Protection Act 1990
The following have been added to the list in Section 153, identifying who may be given financial assistance by Scottish Ministers.
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: 15th February 2022
Amends: The Carbon Accounting Regulations 2009
For the purposes of Part I of the Climate Change Act 2008, these Regulations set out the following as carbon units:
Each carbon unit has a value of 1 tonne of carbon dioxide equivalent.
A duty has been placed upon the Secretary of State to open a ‘credit’ account in which the UK’s carbon credit is to be held. A credit may only be taken out of the account for the purposes of cancellation, unless the registry administration is satisfied that certain conditions have been met.
Carbon units may be transferred to the net UK carbon account by any person, but are only credited if a minister of the Crown makes a declaration to that effect.
The Secretary of State sets the circumstances in which carbon units are to be credited to and debited from the net UK carbon account during the 2008-2012 budgetary period as a result of the operation of European Union Emissions Trading Scheme.
The regulations introduce provisions for carbon units to be debited from the net carbon account during 2008-2012 budgetary period where carbon units have been disposed of in the course of a given year.
The Secretary of State is required to cancel all the units in the credited account and to cancel a further amount of units representing the difference between the UK’s carbon budget and the UK’s assigned amount under the Kyoto Protocol as is attributable to net UK emissions.
A register must be kept by the Secretary of State containing details of the amounts of carbon units credited to and debited from the net UK carbon account and the amounts of carbon units cancelled.
The carbon accounting system for the third carbon budget year (2018-2022) is updated. The system is used to monitor compliance with the targets for reducing greenhouse gas emissions, set out by the Climate Change Act 2008.
Mechanisms are provided to account for the credits and debits that resulted from the final year, when the United Kingdom (UK) was still a European Union (EU) Member State and participated in the European Union Emissions Trading Scheme (EU ETS).
The accounting system for the third year (2020) of the third carbon budget (2018-2022) is updated by:
*Domestic aviation means flights between airports within the UK.
The Secretary of State is required to cancel any carbon units held at the end of the third carbon budget period.
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: 14th February 2022
Amends: The Road Vehicles (Construction and Use) Regulations 1986
The Road Vehicles (Construction and Use) Regulations 1986 aims 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.
The Regulations draw upon European Directive requirements relative to emissions from vehicles.
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
Changes are made to regulation 110 (mobile telephones) of The Road Vehicles (Construction and Use) Regulations 1986, which prohibits the use of hand-held mobile phones or other ‘interactive communication devices*’ when driving.
*Interactive communication devices perform similar functions to a mobile phone, such as sending and receiving spoken or written messages and media.
From 25th March 2022, any use of hand-held mobile phones or similar devices whilst driving(including taking photos or searching for music stored on the device) is prohibited.
A new exemption is introduced, allowing drivers to use hand-held mobile phones or similar devices to make contactless* payments for goods and services when the vehicle is stationary, e.g. at a drive through food outlet.
*Contactless payment means a payment made at a contactless payment facility using a card, mobile phone or other device.
This amendment has no direct relevance to environmental 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.
As part of our mission as a company, we’re committed to donating 100% of our profits to our charity Newground Together. Below is just one of the projects we’ve helped to support.
With the cost of living rising and more people finding their finances stretched, RIVA Café has become a lifeline to the local community of Sheffield. Riva Café on Laird Road in Wisewood continues to offset the cost of food, providing low-cost, nutritious, healthy meals, and acts as a community hub where people can stay warm and make friends. This has been made possible through Newground Together’s Community Grants funding programme.
Newground Together, provided £500 for RIVA Café to put towards membership of FareShare, a charity network of food redistributors who give charities and community groups access to surplus, good quality food.
Denise Donstan, Managing Director of RIVA Café and Charity Shop said: “We opened our doors 9 years ago, and since then we have grown and become a hub for our community. Through Newground Together Community Grants funding, we have been able to offset the cost of our food, which in the current climate is increasingly needed. I’m finding more and more people are coming to the Café needing good food, but at low-cost. I’m not sure how people will cope with all these increasing costs, but our doors are open to people wanting somewhere to go or have a meal that won’t break the bank.”
The Café acts as a hub and charity shop, giving people with learning difficulties work experience and independent living skills. Local people find the Café to be the heart of the area with many community groups attending on site as well as somewhere local mums and other people can meet up.
Jacqueline Towers visits the Café regularly and said: “prices have already gone up, I’ve noticed it in all areas of my life; my supermarket shop was already more expensive than it had been just last month. I’m not sure how I’ll cope once the energy prices go up in April. I’m really worried! I come to the Café as it’s always a welcoming and warm place, and the cost of food is reasonable as well, so I can fill up before I go home.”
The UK Government has announced further changes to rules concerning the use of handheld mobile phones and other interactive communication devices whilst driving. Our consultant Katie Pritchard looks at this important change.
Using a handheld mobile device* whilst driving has been an offence since December 2003. The Government changes have widened the scope of offences to include all interactive communication devices** when driving from 25th March 2022, and clarifies that using a handheld device is prohibited at traffic lights and in traffic queues.
*A handheld mobile device is any mobile device that is held for all or part of the duration of the activity.
**Interactive communication devices perform similar functions to mobile phones, e.g. sending and receiving spoken or written messages.
The changes extend the list of prohibited activities to include taking photos and searching for music. Existing offences include:
Drivers caught in breach of these rules will face a £200 fixed penalty and 6 points on their licence.
Employers may be prosecuted if they encourage or knowingly fail to stop employees using handheld mobile devices or interactive communication devices whilst driving.
Drivers are still allowed to make contactless payments for goods and services when the vehicle is stationary at drive-through restaurants and road tolls.
So what if you need to use a handheld mobile device while driving? The Government recommends you:
In summary:
For more information on using handheld mobile devices whilst driving, the new update The Road Vehicles (Construction and Use) (Amendment) (No. 2) Regulations 2022 is available to read on the Legislation Update Service.
Created to provide all roles within your organisation with a fundamental level of environmental awareness, this course is designed to provide a basic understanding of the key environmental impacts relevant to UK businesses. The course will also help attendees reflect on how these issues apply to their organisation, and how they can be managed.
This is a half-day course, which will answer the following questions:
The course is designed to be delivered remotely, so it can be easily fitted into your busy schedule.
We’re also offering bulk discounts on multiple sign-ups!
Stay up-to-date with topical news and legislation from The Compliance People. Selected updates direct to your inbox.
Call us on 01254 669002