Jurisdiction: GB
Commencement: 30th November 2021
Amends: New Legislation
The Green Gas Support Scheme (GGSS) is introduced from 30th November 2021, to facilitate and encourage the production of biomethane for injection into the grid by anaerobic digestion*. Under the GGSS those that produce, or are proposing to produce, biomethane for injection by anaerobic digestion can apply for a tariff guarantee for the production of the biomethane.
*Anaerobic digestion is the bacterial fermentation of biomass in the absence of oxygen.
The scheme will run for 4 years until 30th November 2025 and any biomethane injected into the grid after this date is not eligible for the tariff guarantee.
The GGSS is funded by the Green Gas Levy (GGL). All licenced fossil fuel gas suppliers in Great Britain are required to pay a quarterly levy which is based on the number of meter points they serve. Further information on the GGL duties can be found below.
Ofgem is the Authority responsible for administering the GGSS and the associated GGL.
Various duties for businesses.
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Jurisdiction: UK
Commencement: 9st December 2021
Amends:
The period in which CE marking will continue to be accepted on the market in Great Britain in most cases is extended until 31st December 2022.
The period in which UKCA marking can be placed on a label fixed to machinery or included in a document accompanying machinery (rather than on the machinery itself) is extended to 31st December 2023.
Reference to texts published in the Official Journal of the EU are removed as the UK is no longer a part of the EU.
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Jurisdiction: Scotland
Commencement: 1st June 2022
Amends: New Legislation
These Regulations are made to restrict the manufacture and supply of certain single-use plastic items in Scotland (outlined in the duties section). The Scottish Government is implementing these restrictions as part of its commitment to reduce the environmental impact of single-use plastic item products and to move towards a more circular economy. These Regulations apply in Scotland and come into force on 1st June 2022.
Restrictions on single use plastic products
The restrictions on both the supply and manufacture of certain plastic products are detailed below.
Restrictions on supply
It is an offence to supply, offer to supply or have in your possession for supply, any of the following products:
Single-use plastic straws may still be supplied in the following cases:
Restrictions on supply and manufacture
It is an offence to supply, offer to supply, have in your possession for supply or manufacture any of the following products:
Offences and penalties
A person in breach of the requirements under the restrictions on single use plastic products (outlined above) is committing a criminal offence and is liable on summary conviction to a fine of up to £5,000.
Enforcement officers are given powers, including the power of entry, to carry out investigations to determine whether an offence has been or is being committed. The local authority may authorise anybody that it sees as suitable to act as an enforcement officer.
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Jurisdiction: Republic of Ireland
Commencement: 7th September 2021
Amends:
The Climate Action and Low Carbon Development Act 2015 provides details on approval plans made by the Government in relation to climate change for the purpose of pursuing the transition to a low carbon, climate resilient and environmentally sustainable economy. This Act establishes a body to be known as the Climate Change Advisory Council.
This Act will not affect existing or future obligations of the State under the law of the European Union (including Directive 2001/42/EC, Council Directive 92/43/EEC, Directive 2003/87/EC and Decision No. 406/2009/EC), existing or future obligations of the State under any international agreement, any Act or instrument that gives effect to any such obligation or existing or future entitlements of the State or any person under the said law, agreement, Act or instrument.
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.
Amendment
In order for Ireland to meet plans set out by the Government in relation to climate change to help the transition to a climate resilient, biodiversity rich and climate neutral economy before the end of 2050, significant changes have been made to The Climate Action and Low Carbon Development Act 2015 (‘2015 Act’). These changes (mainly affecting requirements of the Government, Ministers and local authorities) are reflected in the summary and duties above.
Section 3 of the 2015 Act has been replaced with the “national climate objective” outlined in the summary and duties above. Section 4 of the 2015 Act has been replaced with the “climate action plan and national long term climate action strategy” outlined in the summary and duties above.
Technical amendments are made to section 5 (national climate change adaptation framework) to clarify the matters that the Minister and Government must consider in the national climate change adaptation framework. Updates are made to the specific documentation which the Minister and Government must jointly make and submit in section 6.
The following new sections are added to the 2015 Act:
The content of these regulations are further explained above in the duties section.
Sections 9, 11, 12 and 13 relating to the Advisory Council are amended by updating the information around the number of persons in the Advisory Council.
Section 14A (Climate Reporting and Sections) and section 14B (Role of local authority) are added into the 2015 Act. These sections explain the specific climate areas that the Minister should report on, and the role of local authorities in achieving climate goals.
Section 15 (Duties of certain bodies) is amended to update the rules which a relevant body must adhere to.
Changes to the Planning and Development Act 2000 require development plans to include objectives to reduce anthropogenic greenhouse gas emissions and address the necessity of adaptation to climate change, taking account of the local authority climate action plan.
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Jurisdiction: UK
Commencement: 28st October 2021
Amends:
The Promotion of the Use of Energy from Renewable Sources Regulations 2011 implement Directive 2009/28/EC on the promotion of the use of energy from renewable sources into UK legislation. The Directive sets mandatory targets for energy consumed in each member state which must come from renewables by 2020. The UK target has been set at 15%.
The Motor Fuel (Road Vehicle and Mobile Machinery) Greenhouse Gas Emissions Reporting Regulations 2012 require those that supply more than 450,000 litres or kilograms of transport fuel per year, to register with the Department for Transport, provide information and meet targets.
The Energy Efficiency (Building Renovation and Reporting) Regulations 2014 require the Secretary of State for Energy and Climate Change to submit a strategy and annual updates to the European Commission on the UK’s investment in the renovation of residential and commercial buildings. There are no requirements on businesses or the public sector.
The Energy Efficiency (Encouragement, Assessment and Information) Regulations 2014 impose a duty on each country’s departments to undertake certain actions in order to promote certain requirements of the Directive 2012/27/EU on energy efficiency. The Directive establishes a common set of measures to be used across the EU to promote energy efficiency in order to meet the 2020 20% deadline target.
Amendment
The Promotion of the Use of Energy from Renewable Sources Regulations 2011
Responsible authorities* are required to take appropriate steps to ensure public buildings fulfil an exemplary role in the promotion of the use of renewable energy, in accordance with regulation 11.
Responsible authorities means:
Regulation 13 regarding the recognition of certificates is revoked.
The Motor Fuel (Road Vehicle and Mobile Machinery) Greenhouse Gas Emissions Reporting Regulations 2012
The Energy Efficiency (Building Renovation and Reporting) Regulations 2014
The following regulations are removed:
The Energy Efficiency (Encouragement, Assessment and Information) Regulations 2014
A series of definitions are amended.
The definition of small and medium-sized enterprises is updated to an enterprise that:
The definition of assessment is updated to a comprehensive assessment of the potential for high-efficiency cogeneration*, and efficient district heating and cooling.
*High-efficiency cogeneration means the simultaneous generation of energy (cogeneration) in accordance with the conditions of the UK, as specified in Annex II.
Cost benefit analysis is updated to an analysis capable of identifying the most cost-efficient solutions to meet the heating and cooling needs of a geographical area. This analysis should consider climate conditions, economic feasibility, and technical suitability, in accordance with Part III of Annex VIII.
Regulation 4(5) relating to the assessment of potential for high-efficiency cogeneration and efficient district heating and cooling, is updated.
Under Regulation 4(5), at intervals not exceeding 5 years, the Secretary of State must:
The next assessment or statement must be published on or before 31st December 2025.
All updates to this assessment must:
Regulation 9 (Duty for the Secretary of State to review the energy services market) and Part II of Annex VIII is removed.
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When chemicals or other hazardous substances are used at work, it can put people’s health at risk. Therefore, employers are required to control exposure to hazardous substances to prevent ill-health. The Compliance People’s consultant Mick Baah looks at the role and importance of training employees on how to safely work with hazardous substances.
Hazardous substances are found in nearly all work environments. These include:
The Control of Substances Hazardous to Health Regulations 2002 (COSHH) is the specific legislation that requires employers to control substances that are hazardous to health. These regulations provide a useful framework of good practice which employers, and sometimes employees, must follow.
An important way for your organisation to maintain control of hazardous substances at work is to make sure that the workforce is educated on these hazardous substances, and importantly, made aware of the risk that may arise while working with them. Notably, employees’ lack of awareness of these risks is a common finding that is picked up during a substantial amount of legal compliance audits.
If employees don’t know what substances are hazardous, or how to use them properly, then the control measures that are put in place during the risk management process for hazardous substances will not be as effective. Therefore, providing essential training for employees to raise COSHH awareness will ensure workers remain safe and healthy.
There is key information that employees need to know with regard to using hazardous substances, as stated in regulation 12 of The Control of Substances Hazardous to Health Regulations 2002 (COSHH). This includes:
When it comes to providing this information, employers should explain the dangers of the hazardous substances to their employees and anyone else who needs to know.
How do you make the above information stick? The CoSHH Regulations require that employers ensure that employees are properly trained, informed and supervised. Just handing them a piece of paper and asking them to sign the bottom of it, may not be enough. So, it is important that any training and information that is relevant to them is delivered in such a way that is understandable. Therefore, the chance that it will be applied to the everyday working practice is improved. Whether this is through a toolbox talk, a training session, or a safe working procedure, it is important that the message is delivered correctly and effectively.
Provision of training, education and information to employees is key element of how an organisation can control and manage substances hazardous to health.
Important questions to ask are:
If you have identified some areas for improvement, why not get in touch with us? – We can offer a training solution for CoSHH awareness delivered virtually or face-to-face that can be bespoked to your business. Our professional team of consultants will be happy to help you further.
If you are a UK producer or importer of plastic packaging, including an importer of plastic packaging that already contains goods (e.g. plastic bottles filled with drinks), you must prepare for it.
Put simply, the Plastic Packaging Tax is a new environmental tax coming into effect on 1st April this year, to encourage the use of recycled rather than new plastic in plastic packaging for a more sustainable business practice. If you are a UK producer or importer of plastic packaging, including an importer of plastic packaging that already contains goods (e.g. plastic bottles filled with drinks), you must prepare for it.
The new tax will be payable for chargeable plastic packaging components* produced in or imported into the UK by an organisation for commercial purposes. The rate of tax will be £200 per metric tonne (1,000 kg) of plastic packaging. (N.B. In the case of imported plastic packaging that already contains goods, the tax will only apply to the plastic packaging itself.)
*Chargeable plastic packaging components are finished plastic packaging components (meaning they have undergone their last substantial modification which is when they are packed or filled), with less than 30% recycled plastic when measured by weight.
A few examples of plastic packaging items that could be subject to the tax, depending on their recycled plastic content, are plastic:
Some organisations may be exempt from the tax, however if the plastic packaging they produce, or import is for:
You will need to register for the Plastic Packaging Tax if you have manufactured or imported 10 or more tonnes of plastic packaging within the last 12 months, or will do so in the next 30 days. But, keep in mind that you only need to pay the tax for chargeable plastic packaging components, so if your plastic packaging contains at least 30% recycled plastic, or is exempt from the tax, you will not have to pay.
Every manufacturer and importer of plastic packaging must keep records of the packaging they manufacture or import, even if they are not required to register or pay the Plastic Packaging Tax. This is to prove that their organisation is exempt.
If you manufacture or import plastic packaging components, you will need to submit a tax return to HMRC every financial quarter, then pay any tax due no later than the last working day of the following month. Where plastic packaging intended for export is shipped within 12 months however, the tax liability will be cancelled.
These are the key things to know about for now, but further information on how to register for the tax, record keeping, and tax returns will be published by the Government within further regulations and guidance prior to April 2022, so keep an eye out for them in your register.
As part of the first article of the year, we thought we’d take a look back on 2021 and some of the projects we’ve managed to support with the help of your business.
As you know, all our company’s profits are all donated to our charity, Newground Together. The charity aims to empower people to create sustainable communities that are connected, resilient, healthy, and prosperous.
By working with us, you are directly funding great projects that help persons in need within the north of England.
Here’s our month-by-month overview of 2021:
In 2022, we are as committed as ever to continue supporting communities through our charity
You can read more about our parent charity here.
Jurisdiction: Wales
Commencement: 1st April 2022
Amends:
The Landfill Disposal Tax (Tax Rates) (Wales) Regulations 2018 specify the first standard rate, lower rate and unauthorised disposals rate for the landfill disposal tax in Wales.
The Landfill Disposals Tax (Wales) Act 2017 establishes the legal, administrative and operation framework for the Landfill Disposal Tax in Wales. A tax is to be charged on taxable disposals of materials. A taxable disposal is made when material is disposed of to landfill, in an authorised landfill site with an environmental permit in Wales.
Responsibility for landfill tax in Wales has been transferred to the Welsh Government from April 2018 and consequently the Landfill Disposal Tax replaces the UK Landfill Tax scheme (WAS14) in Wales.
The amount of tax chargeable on the disposal is to be calculated by multiplying the taxable weight of the material in tonnes by the standard rate, the lower rate or unauthorised rate for qualifying materials.
These Regulations specify the first standard rate, lower rate and unauthorised disposals rate for landfill disposals tax and will apply to a taxable disposal made on or after 1 April 2018.
The standard rate is £88.95, the lower rate is £2.80 and the unauthorised disposals rate is £133.45.
The lower and standard rates of tax will remain consistent with those in the rest of the UK for a period of 2 years – until April 2020.
From the 1st April 2020 the new tax rates are as follows:
Amendment
The standard landfill tax rate, lower landfill tax rate and unauthorised disposals landfill tax rate are updated from 1st April 2022.
From 1st April 2022, the standard rate will be £98.60 per tonne, the lower rate will be £3.15 per tonne, and the unauthorised disposal rate will be £147.90 per tonne.
All landfill disposals made before 1st April 2022 remain subject to the rates set by The Landfill Disposals Tax (Tax Rates) (Wales) (Amendment) (No. 2) Regulations 2020.
There are no changes to duties for organisations.
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