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Jurisdiction: Republic of Ireland
Commencement: 17st December 2021
Amends: Planning and Development Act 2000
The Planning and Development Act 2000 is designed to serve as a planning code and therefore, in order for any development to be valid it should be undertaken in compliance with the requirements of this legislation, as well as any other legislation such as the Environmental Protection Agency Act 1992.
The Planning and Development Act 2000 revised the entire amount of planning law into a single piece of legislation, covering all forms of planning and development. The scope of the Act is wide and sets out a detailed section-by-section analysis of the provisions of the Act, including development plans, local area plans, regional planning guidelines, architectural heritage, housing supply, appeal procedures and environmental impact assessment. Under the Act each Local Authority has a responsibility to determine policy in its area through a Development Plan and for applying the policy through planning control, planning applications and enforcing planning decisions.
The amendments of 2002 include changes to Part V of the 2000 Act (Housing Supply) and other miscellaneous amendments.
The following definitions in the Planning and Development Act 2000 are amended.
Large-scale residential development (LRD) means:
LRD floor space means the internal measurement of the floor space of a building or part of a building, excluding any floor space provided for:
Applying for planning permission
A person who intends to apply for planning permission for LRD must hold an LRD opinion or written confirmation in accordance with Section 247(7).
Restrictions surrounding an LRD opinion can be found here.
Section 126A and Section 126B set out the duties of a planning authority in relation to LRD appeals.
Section 4(1) of the Planning and Development (Housing) and Residential Tenancies Act 2016 is repealed.
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Jurisdiction: Republic of Ireland
Commencement: 1st February 2022
Amends: Water Services Act 2007
The Water Services Act 2007 relates to anyone who is:
The Act incorporates a comprehensive review, update and consolidation of all existing water services legislation, and facilitates the establishment of a comprehensive supervisory regime to ensure compliance with specified performance standards.
The Act includes provision to:
Section 23 (Customer dispute resolution: connection to, and use of, public water system) of the Water Services Act 2017 came into effect on 1st February 2022.
Section 23 requires Irish Water to not discriminate unfairly against a person, regardless of class or any other similar criteria.
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Jurisdiction: Northern Ireland
Commencement: 1st April 2022
Amends: The Single Use Carrier Bags Charge Regulations (Northern Ireland) 2013
The Single Use Carrier Bags Charge Regulations (Northern Ireland) 2013 writes into legislation that a 25 pence charge must be applied to all single-use carrier bags (supplied new) in Northern Ireland.
The Regulations are made under Sections 77, Section 90, and Schedule 6 of The Climate Change Act 2008.
The charge will apply from 1st April 2022, to all single-use bags, including those made from plastic, paper, plant-based material and natural starch. However, exemptions have been put in place for bags that are used to contain medical products, take-away hot food and drinks and bags used solely for unpackaged food.
250 million single-use carrier bags are consumed in Northern Ireland every year; the introduction of the levy is hoped to reduce this number by 80%. The funds generated by the scheme will be reinvested into environmental projects.
Changes are made to the carrier bag levy.
The definition of ‘net proceeds of the charge’ is updated to reflect the new minimum price sellers are required to charge for new single-use carrier bags. Sellers are required to charge customers at least 25 pence for each carrier bag.
Sellers are also required to keep a record of the new 25 pence charge. The record must include the monetary value and the chargeable VAT resulting from the charge.
The 25 pence levy applies to all new carrier bags with a retail price of £5 or less, regardless of material used and whether they are single-use or reusable.
Charge exemptions are removed for:
*A gusset is an extra piece of fabric which is added to increase the space and strength of a bag.
Single carrier bags are now exempt from the 25 pence charge if they:
The Single Use Carrier Bags Charge (Amendment) Regulations (Northern Ireland) 2021 are revoked.
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Jurisdiction: Great Britain
Commencement: 2nd March 2022
Amends: GB Retained: Regulation (EU) 2019/2072 establishing uniform conditions for the implementation of Regulation (EU) 2016/2031 as regards protective measures against pests of plants.
The GB Retained: Regulation (EU) 2019/2072 establishing uniform conditions for the implementation of Regulation (EU) 2016/2031 as regards protective measures against pests of plants lists the different pests of plants and is supplementary to Regulation (EU) 2016/2031 on protective measures against pests of plants, which is known as the ‘EU Plant Health Regulation’. This is because this Regulation establishes a number of annexes that the EU Plant Health Regulation refers to that list relevant plant pests, measures needed to reduce the risk of those pests, and plants that are prohibited from entering the EU.
The EU Plant Health Regulation was brought into force in order to revise and improve current EU plant health legislation and implement uniform rules across all EU Member States. It continues to implement controls and restrictions which apply to the import from third countries (countries which are not EU Member States), and the internal movement within and between EU Member States, of certain plants, plant pests and other material (such as soil) to help reduce biosecurity risk, strengthen the current plant health regime, and protect the environment from the spread of harmful pests and diseases.
The protective measures against the introduction of the plant pests Polygraphus proximus and Scolytus morawitzi Semenov (bark beetles known to attack fir, pine, spruce, larch and hemlock trees) from Russia in Great Britain (GB), are updated.
Additionally, the import and movement requirements for Thaumetopoea processionea (oak moth) from all third countries are updated in Annexes VII and VIII. Updates are also made to the import requirements for:
The measures against Aonidiella orientalise (oriental yellow scale insect) and Diaporthe caulivora (fungal plant pathogen), which no longer pose a risk to GB’s biosecurity, are removed.
Finally, the GB quarantine pest* list is revised to include:
*Quarantine pests are plant pests which are not known to exist in GB and which would be damaging if introduced.
**Pathogenic refers to a bacterium, virus, or other microorganism causing disease.
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Jurisdiction: Scotland
Commencement: 1st April 2022
Amends: The Landfill Tax (Scotland) Act 2014
The Scottish Landfill Tax will be brought into force with subordinate legislation by the end of March 2015 to replace, in Scotland, the Landfill Tax Regulations 1996 (SI 1996/1527) as amended.
The standard rate and lower rate for disposals in the Scottish Landfill Tax is amended.
From 1st April 2022, the standard landfill tax rate is £98.60 and the lower rate is £3.15. This tax is calculated by reference to weight and types of material disposed of.
This order also revokes The Scottish Landfill Tax (Standard Rate and Lower Rate) Order 2020 and The Scottish Landfill Tax (Standard Rate and Lower Rate) Order 2021 (listed below).
There are no changes to duties for organisations.
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Jurisdiction: Great Britain
Commencement: 30th June 2022
Amends: New Legislation
Section 15 (2) of the Automated and Electric Vehicle Act 2018 provides the Secretary of State power to prohibit the sale or installation of electric vehicles (EV) charge points, unless they have smart functionality.
These Regulations prohibit the sale of electric vehicles (EV) charge points, unless they meet smart functionality requirements. EV charge points must also be designed to protect the stability of the electricity grid and protect consumers. The requirement applies to charge points that are intended for use by vans, cars and smart cables in a workplace setting.
The use of EVs is a key part of the Government’s net-zero commitment which requires the United Kingdom (UK) to bring all greenhouse gas emissions to net-zero by 2050.
Definitions
Smart functionality
EV charge points have smart functionality if they:
*DSR is where energy users change their electricity consumption patterns in response to a signal or incentive from the energy provider.
**User interface is the means by which a user and a computer system interact.
Various duties apply.
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For 32 years, Louise hadn’t worked and instead took great pride in caring for her family whilst her husband worked full-time. Sadly, when Louise’s husband suddenly passed away last year, she was devastated and unsure what direction to turn. Louise had lost confidence in herself and began to suffer from depression and anxiety.
Louise was referred to Newground Together by an advisor at the Job Centre who could see that she needed some more support. Newground soon got in touch with Louise and Senior Employment advisor Lorraine Feeney got to work straight away. Lorraine spent time listening to Louise and talking her through the different options available, which could help her rebuild her confidence and self-esteem. Louise was put on Newground’s ‘Moving Forward Together’ program. This service provides one-to-one support and employment advice.
Louise and Lorraine discussed issues Louise felt were holding her back through weekly telephone appointments. Through the relationship built up over these weekly appointments, Louise was put on to a food hygiene course. She soon passed levels 1 and 2 and her confidence steadily increased. Louise continued to take on more courses, soon completing an IT and counselling course.
Lorraine then worked with Louise to produce a CV that highlighted her new qualifications and all her strengths as an employee. With coronavirus restrictions beginning to ease, Louise wanted to take the next step on her employment journey by volunteering at a local charity shop to gain work experience.
Through being part of a team and feeling valued, Louise’s confidence continued to grow. The shop manager suggested that Louise should apply for a part-time paid role. Louise was excited at this prospect but terrified at the same time as she had never completed a job application or interview!
With the help of Newground, Louise completed the application and passed the first stage. The next challenge was the interview. Together with Lorraine, they did a mock interview and practised the questions that may come up and prepared answers.
Through the practise session and confidence-building exercises, Louise felt much more confident and prepared when attending the interview. Excitingly, she was successful and offered the position. Louise was over the moon with this result and soon realised precisely how skilled she is. She finally started to recognise all the skills learnt from being a full-time parent were extremely valuable and transferable.
Louise started the role very quickly and was soon recognised as a strong candidate for a management position; her hours were increased, and she was invited to apply for the assistant manager role. For the time being, Louise decided to remain a shop assistant, so she could continue to support her children and grandchild.
Lorraine said “Louise is a pleasure to work with. Although she has had huge emotional issues to deal with, she has dealt with her loss and changes as positively as one can in the circumstances; her inner strength and love for her family has kept her motivated and given her the drive to persist and overcome her challenges. Louise has continued to deal with the changes in her life with an optimistic attitude and as a result is on her way to having a great career. I am confident this is just the beginning of Louise’s new journey.”
Louise said “I found the service great, it really helped to build up my confidence and address my social anxiety. I was given advice and support, and was told what I needed to hear from someone impartial. It has helped give me a new lease of life and I have now found that I am very capable of doing things that I never thought were possible. Thanks so much Lorraine for your kind words and ongoing help in finding myself again.”
As always, 100% of all profits generated from our business are donated to our charity, Newground Together. As part of their ethos, Newground Together aims to make life better in communities.
*Names have been changed.
Put simply, electric vehicle (EV) smart charge points must be treated as work equipment.
Organisations can indeed make a positive environmental impact by electrifying their vehicles. To financially support eligible companies with the purchase and installation costs of EV charge points, the Government has set out its Workplace Charge Scheme (WCS).
Having workplace EV charge points installed gives companies the ability to:
However, there are some important things to remember before choosing to install them.
The Electric Vehicles (Smart Charge Points) Regulations 2021 require all EV charge points to have smart functionality. Smart functionality allows communication between other smart charge points, the car, and the grid.
This means that your employees would potentially be using complex software that they may not be familiar with.
The Provision and Use of Work Equipment Regulations 1998 (‘PUWER ‘) impose duties on employers to ensure that work equipment is suitable and safe for use by employees. One employer responsibility is to provide workers with adequate training on how to use the EV charge points properly, so that their actions do not lead to harm to themselves, or others.
Workers must also be instructed to report any hardware or software issues and must not attempt to fix these issues themselves.
PUWER also require the employer to ensure that their work equipment is inspected and maintained regularly by a competent person. According to the Health and Safety Executive (HSE), the frequency and type of maintenance should be determined through a risk assessment, taking into consideration:
EV smart chargers are fixed electrical installations, meaning that they are subject to The Electricity at Work Regulations 1989. These Regulations state that all fixed electrical installations must be regularly maintained to prevent danger, so far as reasonably practicable, to workers, visitors, and others.
With reference to fixed wiring, the Requirements for Electrical Installations – IET Wiring Regulations set out the standard for electrical installation in the UK and can be used to comply with the 1989 Regulations.
As an employer, you need to consider who is competent to carry out electrical inspection and maintenance within your company or if you need a qualified contractor to do the work for you.
Don’t forget: you will also need to keep records of inspection and maintenance of EV smart charge points in your maintenance register.
Before considering installing EV smart chargers in your workplace, you must first understand your health and safety duties. EV smart charge points are work equipment; therefore, you must ensure that they are safe for use by workers by:
It is estimated that businesses in the UK are responsible for the generation of 41.1 million tonnes of commercial and industrial waste every year. Despite this, many organisations struggle with implementing appropriate waste management procedures and in fully understanding their specific duties under waste legislation.
Commercial organisations generate almost twice as much waste as households and waste management can often feel like a burden when there is a business to run and budgets to manage. However, managing waste responsibly is not just a moral environmental consideration, it is required by law.
All businesses have what is known as a legal ‘duty of care’ when it comes to their waste. This means that they have a duty, set out in law, to ensure that their waste is being managed appropriately, without causing harm to people and the environment. Failure to meet this duty can result in prosecution and fines from regulators and irreparable reputational damage to an organisation.
Organisations must therefore make sure that their waste is managed safely and legally and that the correct waste documentation (waste transfer notes or hazardous waste consignment notes) are in place for its movement. It is the responsibility of the organisation producing the waste to ensure that this happens, and that appropriate procedures and checks are put in place to meet these obligations.
Some waste streams are easier to manage than others. General waste, for example is a common waste stream and there is easily accessible information available on how to manage it. However, some less frequently encountered waste streams can trip businesses up when it comes to duty of care and complying with waste legislation.
Below are some common issues faced by many organisations when managing their waste.
All waste must be identified and classified using a 6-digit code (known as an EWC which stands for European Waste Catalogue) before being sent for recovery or disposal. Many wastes are however often misclassified and the wrong EWC code used. For example, waste may be classified as non-hazardous, when it is in fact hazardous. This is common with waste ink and toner cartridges and waste electrical and electronic equipment (WEEE). Guidance is available from the Environment Agency on how to classify different types of waste and should be used to ensure waste is classified correctly.
Waste must always be transported by a registered waste carrier (as authorised by the appropriate environmental regulator) and sent to a facility authorised (by an environmental permit or exemption) to accept that specific waste stream. Organisations must check this before transferring waste to another party – these checks are sometimes referred to as ‘duty of care checks’. Copies of waste carriers registrations and permits can be requested from the waste contractor or checked on the appropriate regulators public register.
No waste stream can be stored on the site it was produced for longer than 12 months. Even if only small quantities of a particular waste stream are generated, it must be collected from site by an authorised waste contractor at least every 12 months.
Many waste streams that are produced infrequently, in small quantities, or managed by a third party are often missed when looking at site waste management. All waste must be considered, including any waste generated by any developments, projects, or contractors. Commonly forgotten waste streams include confidential waste and sanitary waste. All waste produced by an organisation is subject to duty of care requirements and must be collected by a registered waste carrier and have the correct paperwork in place for its removal.
Are you confident with managing your waste correctly? Would you like to know more about how to comply with your waste duty of care? Why not look at the duty of care support services we offer, or book onto one of our virtual waste duty of care training courses.
Jurisdiction: GB
Commencement: 31st December 2021
Amends:
The GB Retained: Regulation (EC) No 1005/2009 on substances that deplete the ozone layer introduces rules on the production, import, export, placing on the market, use, recovery, recycling, reclamation and destruction of substances that deplete the ozone layer.
Application in Great Britain
Following the UK’s departure from the European Union (EU), the European Union (Withdrawal) Act 2018 incorporated all directly acting EU Regulations into UK law. Those Regulations have been subsequently amended to revise various definitions, terminology, authorities etc to GB rather than EU references, and to provide for regulation and enforcement by GB rather than EU bodies. This entry describes the retained version of Regulation (EC) No 1005/2009 on substances that deplete the ozone layer, which applies in England, Scotland and Wales (GB) from IP completion day, the end of the implementation period of the UK leaving the EU.
Application in Northern Ireland
Although Northern Ireland has left the EU, under the terms of the Northern Ireland Protocol the EU version of Regulation (EC) No 1005/2009 continues to apply in Northern Ireland.
This Regulation took effect on 1 January 2010 and recast and repealed Regulation (EC) No 2037/2000 on Substances that Deplete the Ozone Layer.
Scope of the Regulation
It introduces rules on the production, import, export, placing on the market, use, recovery, recycling, reclamation and destruction of substances that deplete the ozone layer within GB.
It applies to controlled substances (as listed in Annex I), new substances (as listed in Annex II) and to products and equipment which contain or rely on controlled substances.
Annex I substances are split into 9 Groups. The control also relates to mixtures containing the above controlled substances.
This Retained Regulation is enforced in Great Britain (GB) through The Ozone-Depleting Substances Regulations 2015.
Amendment
The Ministry of Defence (MoD) is permitted to operate Apache helicopters and Boeing E7 Wedgetail aircraft with fire suppression systems that contain halon-1301 beyond the cut-off date* of 31st December 2014. This is due to the unavailability of feasible alternatives to the use of halon in military aircraft systems.
*The cut-off date means the date after which halon must not be used for fire extinguishers or fire protection systems in new equipment and facilities.
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