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Jurisdiction: Great Britain
Commencement: 15th November 2021
Amends:
The Motor Vehicles (Driving Licences) Regulations 1999 set health and safety obligations related to driving licences, tests of competence to drive, drivers conduct for goods and passenger vehicles as well as training courses for motorcycle riders, are established. Part VI (Disabilities) covers disabilities which must be declared on a driving licence.
N.B. The Motor Vehicles (Driving Licences) (Amendment) Regulations 2011 change the restrictions on driving licence applicants and driving licence holders with diabetes. They also amend the terms in which a person’s diabetes is a prescribed as a relevant disability.
Under the Road Traffic Act 1988, a person with a relevant disability is denied a licence unless they can meet certain prescribed conditions.
A declaration must be made if the applicant suffers from diabetes treated with medication that carries a risk of inducing hypoglycaemia* (including insulin, sulphonylureas and glinides). In this case, the condition will be classed as a relevant disability if the applicant has had 2 or more episodes of severe hypoglycaemia** during the previous year, or there is an impaired awareness of hypoglycaemia***.
However, applicants with diabetes treated with insulin are not barred from obtaining a Group 1 licence if they do not have impaired awareness of hypoglycaemia, has been without more than one severe hypoglycaemic attack for a year and meets other conditions set out in the Regulations.
*Hypoglycaemia is condition resulting in a low blood sugar level. It causes irregular or rapid heartbeat, pale skin, numbness of lips, tongue or cheek, and sweating.
**Severe hypoglycaemia means an episode of hypoglycaemia requiring the assistance of another person.
***Impaired awareness of hypoglycaemia means the inability to detect the onset of hypoglycaemia because of total absence of warning symptoms.
Regulation 3 of the amendment makes changes to regulation 73 of the 1999 Regulations so that disabilities must be declared in relation to Group 2 licence applications (for larger vehicles including heavy goods vehicles and buses).
A declaration must be made if the applicant suffers from diabetes treated with medication that carries a risk of inducing hypoglycaemia. In this situation, the condition will be classed as a relevant disability if the applicant has had one or more episodes of severe hypoglycaemia during the previous one-year period, or where there is no full awareness of hypoglycaemia.
However, applicants with diabetes treated with insulin for over 4 weeks, are not barred from obtaining a Group 2 licence if there is full awareness of hypoglycaemia, there has been no severe hypoglycaemic attack for a year, and other conditions concerning diabetes are met.
Regulation 4 of the amendment requires the Secretary of State to carry out a review of regulation 2 and regulation 3 of the same amendment at least every five years. The conclusions of the review must be published in a report.
*Staging is the process of adding a higher category entitlement to a driving licence, i.e. a category B driving licence would be needed before applying for provisional entitlement to drive a lorry or a bus.
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Jurisdiction: Republic of Ireland
Commencement: 7th September 2021
Amends:
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 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.
These Regulations bring into force the Climate Action and Low Carbon Development (Amendment) Act 2021, which previously amended this Act. It comes into operation on 7th September 2021
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Jurisdiction: Scotland
Commencement: 10th November 2021
Amends:
The following exemptions are available:
These exemptions are for felling on, or on behalf of, the land owner unless otherwise stated.
Minor technical changes are made to the definition of ‘statutory undertaker’ to fix a typographical error.
Regulation 6 is inserted which introduces a requirement to gain permission before any trees that are part of a peatland restoration project are felled.
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Jurisdiction: Republic of Ireland
Commencement: 15th October 2021
Amends:
Changes are made to extend the expiry dates on safety awareness registration cards as outlined below.
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“Our last best chance to combat the climate crisis before it’s too late” – The United Nations Conference on Climate Change (COP26) saw world leaders, business leaders, NGOs, activists and philanthropists flood to Glasgow to discuss our last best chance to combat the climate crisis.
COP26 concluded at the beginning of November and the dust has begun to settle, but from all the hype and coverage what were the key outcomes from the conference?
More than 100 leaders from different countries have agreed to stop and reverse forest loss and land degradation by 2030. In total, the countries that have joined the pledge account for 85% of the world’s forests.
Pledges to participate have come from countries which hold some of the world’s most important and biggest carbon sinks including Canada, Russia, Colombia, Indonesia, and the Democratic Republic of the Congo.
Perhaps one of the most important countries to make the pledge is Brazil, home to the Amazon, where deforestation continues to have catastrophic climate effects.
India, for the first time, has announced a date to achieve their net-zero goals by 2070.
However, many don’t think the 2070 target is enough, considering it is over a decade later than China’s target, and 2 decades later than the rest of the world.
The world’s 2 biggest CO2 emitters, the USA and China signed a joint declaration agreeing to increase cooperation on tackling climate change over the next decade. They will work together to achieve the Paris Agreement goals, a treaty the USA has now re-entered following former president Trump’s decision to pull out in 2017).
Multiple countries including Indonesia, South Korea, Poland, Vietnam, Chile and the UK have signed the Global Coal to Clean Power Transition Statement, committing to phasing out the use of coal.
Beginning in 2022, 21 countries will participate in the new fossil fuel-curbing strategy which intends to stop financing overseas fossil fuel projects, and reallocate nearly $18 billion in spending towards clean energy.
A Global Methane Pledge launched jointly by the EU and USA has been signed by more than 100 countries. This pledge to cut methane emission levels by 30% by 2030, will prevent over 200,000 premature deaths, hundreds of thousands of asthma-related emergency hospital visits, and over 20 million tonnes of crop losses a year, if successful. Environmentally, the pledge would reduce warming by at least 0.2°C by 2050.
$130 trillion has been committed through the Glasgow Financial Alliance for Net Zero (GFANZ), by more than 450 firms from 45 countries to align with the climate goals of the Paris Agreement.
There were also 24 other major finance initiatives announced to help fund and support climate-related reporting; climate risk management; climate-related investment returns and the mobilisation of private finance to emerging and developing economies.
Do you think any of the pledges made at COP26 will affect your organisation in the future?
Changes at a global level can lead to legislation changes later on, which affect individual organisations. Only time will tell how any of these agreements might affect businesses in the UK in future, but for now don’t forget to keep checking your monthly updates to keep on top of current changes to legislation that affects you.
The long-awaited Environment Bill has finally been passed, 2 years from its initial introduction into Parliament in 2019. The Environment Act 2021 (published on 15th November 2021) outlines measures to address specific areas (waste and resource efficiency, air quality, the recall of products, water, nature and biodiversity) to achieve the Government’s 25-year environmental plan of enhancing and protecting natural landscapes and habitats in England.
The Environment Act 2021 is in place to cover ‘the gap’ created by the UK’s departure from the EU and subsequent leaving behind of environmental protections put in place by the EU. The Act intends to ensure there are effective environmental protections in place and make sure accountability is embedded within UK environmental law going forward.
The Bill was first introduced to Parliament in October 2019, however its passage through the House of Commons was delayed by Covid-19. With the Bill now passed and made into law as the Environment Act 2021, the aim of meeting the Government’s 25-year environmental plan can begin.
The Environment Act implements key provisions intended to maintain environmental standards, as well as improve air and water quality, tackle waste, increase recycling, halt the decline of species, and improve the natural environment.
Key provisions in the Act
The Environment Act 2021 does not revoke or replace the Environment Act 1995, but it does make amendments to strengthen and enforce adoption of the environmental provisions.
The Environment Act 2021 summary is currently being written for Legislation Update Service and will be uploaded soon.
The Competition and Markets Authority (CMA) has published a new Green Claims Code to help businesses understand and comply with their obligations under consumer protection law, when making environmental and sustainability claims. These ‘green claims’ were created to demonstrate how a product, service, brand or business reduces harm to the environment.
The Code is part of a wider awareness campaign launched by the CMA ahead of COP26. It focusses on six principles of consumer law, detailing that firms making green claims “must not omit or hide important information” and “must consider the full life cycle of the product”.
Following an initial introductory period, the CMA will carry out a full review of misleading green claims from 2022, including claims that are made in-store or on labelling. Sectors where consumers have expressed concerns about misleading claims will be prioritised, however any sector in which significant concerns are raised may become a priority.
Andrea Coscelli, Chief Executive of the CMA, said:
“More people than ever are considering the environmental impact of a product before parting with their hard-earned money. We are concerned that too many businesses are falsely taking credit for being green, while genuinely eco-friendly firms do not get the recognition they deserve.
The Green Claims Code has been written for all businesses – from fashion giants and supermarket chains to local shops.
Any business that fails to comply with the law risks damaging its reputation with customers and could face action from the CMA.”
The Code was published on 20th September 2021 in response to a CMA investigation last year on the impact of green marketing on consumers, which found that 40% of green claims made online could be misleading. The Code sets out clear guidance on what can be classified as a ‘green claim’.
Businesses should check their green claims against the Code and seek legal advice if they are unsure whether their claims comply with the law.
Green claims are genuine only when they properly describe the impact of a product, brand, business or service, with evidence to back it up.
As a guide, green claims must:
1. Be truthful and accurate: Businesses must live up to the claims they make about their products, services, brands and activities.
2. Be clear and unambiguous: The meaning a consumer is likely to take from a product’s messaging and the credentials of that product should match.
3. Not omit or hide important information: Claims must not prevent someone from making an informed choice because of the information they leave out.
4. Only make fair and meaningful comparisons: Any products compared should meet the same needs or be intended for the same purpose.
5. Consider the full life cycle of the product: When making claims, businesses must consider the total impact of a product or service.
6. Be substantiated: Businesses should be able to back up their claims with robust, credible and up-to-date evidence.
Further information on how to comply with consumer protection law in relation to green claims is available by looking at the CMA’s green claims checklist.
The Green Claims Code should help businesses remain compliant with the law and protect consumers from false ‘eco’ claims about products and services. It therefore provides a prime opportunity for organisations who have been working hard to mitigate their social and environmental impact and have the data to support this. Those who fall short in terms of environmental and sustainability credentials now risk losing customers and their reputation.
As a social enterprise, all profits generated from The Compliance People are donated to our parent charity, Newground Together. Read below how your support has helped residents at Mytholm Court.
At the beginning of 2021, Newground Together awarded Rooting and Fruiting CIC a £5,000 grant towards a project to increase the health and wellbeing of residents at Together Housing’s Mytholm Court, a supported housing scheme, and for the benefit of the wider community of Hebden Bridge in Calderdale.
As part of the project Rooting and Fruiting CIC worked with residents of Mytholm Court and separately with children from Hebden Royd Primary School. The pandemic meant that the children and older residents couldn’t meet but they still creatively exchanged ideas using innovative methods which led to the development and design of an existing garden at Mytholm Court.
Additional match funding was secured from Hebden Royd Town Council. Learning through Landscapes, a national charity, provided free support in developing the intergenerational co-design activities. Rooting and Fruiting CIC also worked closely with Live Wild, a local nature connection specialist community organisation.
The project has been able to meet residents’ needs – new seating and colourful plants and flowers have been introduced, the kitchen garden has flourished. Since the lifting of restrictions, there has been ‘drop in’ open gardening sessions and an increase in residents socialising and enjoying the improved space.
Nature connection activities, questionnaires, discussions, and physical activities have all contributed positively on the residents of the Mytholm Court community.
Project Director, Beth Morgan from Rooting and Fruiting CIC said, “We feel really lucky to receive this grant we know that older groups benefit from interacting with children, this helps to decrease feelings of social isolation, loneliness and health related problems. Children benefit from the wisdom, history and ideas the older people provide”
Regular sessions at the school focussed on connection, positive wellbeing, mindfulness and designing new activities to share. The children were able to produce nature based ‘art and crafts’ that were placed on a notice board at Mytholm Court for ongoing collaboration, and they also produced bunting for the residents’ garden.
Staff have received training to help maintain the garden and look at ways to support residents to get involved in ongoing gardening activities and maintenance.
Linsay Severn, Together Housing Group Community Wellbeing Officer said, “After a challenging start due to Covid, I’m hopeful for the future sustainability of the project beyond Newground Together funding. Residents want to be outside socialising and this way they can. We know horticulture related activities improve mental wellbeing and after the last 18 months, anything that can help residents feel socially connected is extremely beneficial”
The project, due to end in January 2022, will go on to introduce 1-2-1 horticultural therapy sessions and a social club, and will continue to work on the development of a nature connection app. Rooting and Fruiting have been awarded an additional £1000 from Leeds University to continue working with residents to further develop the garden and create spring growing sessions so that residents can bring elements of the garden into their homes.
The Health and Safety Executive (HSE) have recently published a new third edition of the Control of Noise at Work: Guidance on Regulations (L108). In this article, The Compliance People Consultant, Mick Baah, briefly looks at the changes to this guidance and The Control of Noise at Work Regulations.
Many people continue to be exposed to significant and harmful noise levels at work which can lead to permanent and incurable issues.
The guidance document which supplements The Control of Noise at Work Regulations 2005 provides information to employers and other duty holders on the control and management of risks arising from workplace noise. It provides information and guidance on the following areas:
We’ve been asked about how changes to the guidance may affect organisations. The latest update to the guidance is only very minor, with the purpose and focus of ensuring that it is in keeping with changes to other related legislation, advances in technology and experience.
The main changes to and impacts of the guidance are summarised below:
If you require any further information, a link to the updated guidance document can be found here https://www.hse.gov.uk/pubns/priced/l108.pdf
If you need more help, why not get in touch with us? – Our professional team of consultants offer independent, periodic compliance evaluations for both environment and health & safety and we can help review your arrangements.
The deadline for migration to ISO 45001 has now passed. Are you up to date? The Compliance People consultant, Ellie Galston, gives you an update on the change to occupational health and safety standard certification and what you might need to consider at your own organisation.
ISO 45001 was published in spring 2018 and is an international standard for Occupational Health and Safety Management. The previous occupational health and safety standard most widely accepted in the UK was OHSAS 18001.
The new ISO 45001 Standard follows the same structure as other ISOs used by organisations, such as ISO 14001 and ISO 9001, making it simpler to integrate it within your organisation. New requirements are also added, such as for employee consultation.
Organisations that were certified to OHSAS 18001 were given 3 years to migrate their health and safety management systems over to the requirements of ISO 45001 and become certified to the new ISO Standard by 11th March 2021. This deadline was extended, due to COVID-19, until 11th September 2021.
All organisations that held OHSAS 18001 certification should have now transitioned to ISO 45001 and obtained a new certificate, as OHSAS 18001 certificates have all now expired and are no longer valid.
Hopefully you will already have gone through migration and recertification of your OH&S management system to the new ISO Standard with your certification body and received an updated certificate. If not, get in touch with your certification body.
Congratulations if you’ve successfully transitioned to ISO 45001! There are just a few things you need to consider now as outlined below.
If you’re still in the throes of transitioning to ISO 45001 and need a hand meeting the requirements, or if you’ve decided to work towards getting your OH&S management system certified, why not get in touch? We can help you implement and maintain your management systems – give us a call for a friendly chat to see how we can help you.
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