Jurisdiction: Northern Ireland

Commencement: 30th July 2021

Amends:

Mini Summary

The Water and Sewerage Services (Northern Ireland) Order 2006 places extensive, general and specific duties on government owned companies as a water and sewerage undertaker and provides detailed statutory power to enable water and sewerage undertakers to carry out their duties, with suitable safeguard for customers. This regime will include a system of regulatory controls in relation to supply obligations, drinking water quality standards, trade effluent and sewage disposal, charges and customer levels of service. The Order sets out a framework for making charges and provides for appropriate mechanisms to deal with customer complaints.


Amendment

The Water and Sewerage Services (Electronic Communications) Order (Northern Ireland) 2021 allows notices and documents to be served electronically to individuals who have indicated a willingness to receive electronic communications for such purposes. These changes are intended to enable communication to be conducted through electronic means, rather than by post or by hand delivery.

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Jurisdiction: GB

Commencement: 1st October 2021
Mini Summary

Trustees of some occupational pension schemes must take steps in relation to reducing climate change related risk, and must produce annual reports.

Summary
All pension schemes are exposed to climate-related risks, irrespective of their current investment strategy. This legislation has been introduced because it has been identified that there is a risk that members of pension schemes may be overexposed to financial risks of climate change which could affect their estimated financial outcomes in retirement. Trustees of pension schemes are already required to consider all financial risks; these Regulations strengthen the focus on climate change related risks.

Trustees of pensions schemes that meet the below asset thresholds are required to meet the requirements of this legislation. They come into force on 1st October 2021.
Scheme years and compliance dates
A scheme year is a year specified in any document for the scheme. If there is not one specified, the scheme year usually runs for 12 months starting 1st April each year.

Trustees of schemes with relevant assets of £5billion or more at the end of the scheme year that ends on or after 1st March 2020 will be subject to the requirements of this legislation from 1st October 2021. 

Trustees of schemes with relevant assets of £1billion or more at the end of scheme year that ends on or after 1st March 2021 will be subject to the requirements of this legislation from 1st October 2022. 

If a scheme’s relevant assets fall below £500million on any scheme year-end date, the trustees will no longer need to be compliant with the requirements of this legislation (unless the scheme is an authorised scheme). However, the annual report must still be published for the scheme year that has just ended, unless exemptions apply.

Other exemptions are given in regulation 3(6). It is recommended that trustees thoroughly check the guidance to see if they are obligated under these Regulations.
Relevant assets
For schemes where the trustees are required to obtain audited accounts, the relevant assets are the total amount of net assets of the scheme recorded in the audited accounts for the scheme year, less the value of the assets of the scheme represented by any relevant contract of insurance recorded in those accounts.

For schemes which are ear-marked schemes, the relevant assets are the value of the assets represented by any policies of insurance or annuity contracts that are allocated for provision of benefits of individual members, or anyone else who has a right to benefit under the scheme, less the value of the assets of the scheme represented by any relevant contract of insurance.
Duties
Trustee duties
Trustees have a duty to establish and maintain oversight of the climate-related risks and opportunities which are relevant to the scheme. They must also establish and maintain processes to ensure:

Strategy and scenario analysis

Trustees must:

Trustees are required to establish and maintain processes to enable them to identify, assess and manage climate-related risks that are relevant to the scheme. These processes should be integrated into the overall risk management of the scheme.

Metrics

In the first scheme year in which they are obligated under these Regulations, trustees must select a minimum of:

to calculate in relation to the scheme’s assets.
The metric must be reviewed from time to time and replaced if it is determined appropriate to do so.

Trustees are required to obtain the scope 1, scope 2 and scope 3 greenhouse gas emissions that are attributable to the scheme’s assets. The data obtained should be used to calculate the absolute emissions metrics and selected emissions intensity metric. The metrics calculated should be used to identify and assess the climate-related risks and opportunities relevant to the scheme.
N.B. Scope 3 emissions are not required to be obtained for the first scheme year.

A target must be set in the first scheme year for the scheme in relation to one of the selected metrics. Performance against the target must be measured in each scheme year. The target may be retained or replaced when taking performance against the target into account.
Reporting and publication
Trustees must produce a report for any scheme year, or part of a scheme year when they are subject to the governance requirements.

The report must be published on a publicly available website and be accessible, free of charge and within 7 months of the end of a scheme year. The report must be signed by the chair on behalf of the trustees.

Information that must be included in the report is given in Part 2 of the Schedule.
Noncompliance
Noncompliance with this legislation can result in compliance notices and financial penalties.

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Jurisdiction: GB

Commencement: 1st July 2021
Mini Summary

These Regulations are relevant to those that place energy-related products on the market or put them into service in Great Britain (GB). They also provide ecodesign standards for certain energy-related products as well as energy labelling requirements for refrigerating appliances with a direct sales function.

Summary
These Regulations provide ecodesign requirements for energy-related products placed on the market or put into service in Great Britain (GB). They mirror the ecodesign requirements with EU Regulations which apply within the EU and Northern Ireland.

N.B. the EU Regulations continue to apply in Northern Ireland under the terms of the Northern Ireland Protocol. 

These Regulations apply to the following energy related products:

For electric motors, household washing machines / washer-dryers, household dishwashers, household refrigeration and electronic displays, these Regulations increase the minimum energy performance and set material efficiency standards set under previous EU Regulations, whereas for welding equipment and commercial refrigeration minimum energy performance and material efficiency standards are set for the first time.
Duties
Ecodesign requirements
Ecodesign requirements are provided for certain energy-related products; products must conform to these requirements when being placed on the market or put into service in Great Britain. The specific ecodesign requirements for each type of energy related product can be found within the relevant Schedule hyperlinked below:

The ecodesign requirements include energy efficiency requirements, material / resource efficiency requirements, design for repair and reuse (including availability of spare parts and repair information) and technical documentation requirements. There are also product specific exemptions listed within the Schedules.

Where measurements and calculations are required, they must be made in accordance with designated standards where they are available. If designated standards are not available the methods must be reliable, accurate and reproducible as well as taking in to account the generally recognised state of the art.

Products must not be designed to be able to detect that they are being tested and then react specifically by automatically altering their performance to more favourable levels. Energy consumption or compliance of the product and other parameters must not deteriorate when software or firmware is updated, unless with explicit consent from the end-user prior to the update. The performance of a product must not change as a result of rejecting a software update.
Verification of products
When assessing whether a product conforms with these Regulations, a manufacturer must use the internal design control or management system procedures set out in Parts 1 and 2 of Schedule 1A of The Ecodesign for Energy-Related Products Regulations 2010.

The market surveillance authority (Office for Product Safety and Standards) is required to verify products’ compliance. The verification procedure to be used for each product is detailed within the relevant Schedule hyperlinked below:


Energy labelling of refrigerating appliances with a direct sales function

Energy labelling requirements are introduced for refrigerating appliances with a direct sales function, to enable consumers to identify the most energy efficient products on the market in Great Britain.

Refrigerating appliances with a direct sales function means appliances intended for displaying and selling foodstuffs and other items at specified temperatures below the ambient temperature to customers e,g. commercial fridges within a supermarket.

N.B. Energy labelling requirements for the other energy related products are already in force in Great Britain via GB retained versions of EU Regulations.

Suppliers must ensure that:

The energy efficiency class displayed on the energy label must be based on the energy efficiency index calculated in accordance with Schedule 22.

Dealers must ensure that:

Dealers and sellers must ensure that:

There is an obligation for internet hosting platforms allowing the direct sale of appliances on their website to enable electronic labels and the product information sheet to be shown. They are also required to inform the dealer of their obligation to supply the label and product information sheet for display.

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Jurisdiction: UK

Commencement: 28th June 2021
Mini Summary

The Climate Change Act 2008 (Credit Limit) Order 2021 sets limits on the use of international carbon units that can be used to help meet the carbon budget from 2023-2027.

Summary

This Order sets limits on the use of international carbon units that can be used to help meet the carbon budget from 2023-2027. The carbon budget is the maximum level of greenhouse gases which the UK can emit within the given five-year period and is a requirement under the Climate Change Act 2008

The 2021 Order sets limits for the net amount of carbon units to be credited to the net UK carbon account for the 2023-2027 budgetary period as 55,000,000 carbon units. That limit excludes the use of credits which result from the operation of the European Union Emissions Trading Scheme (EU ETS).

Duties
There are no compliance duties for organisations.

 

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Jurisdiction: England

Commencement: 27th May 2021

Amends:

Mini Summary
The Plant Health (Fees) (Forestry) (England and Scotland) Regulations 2015 revoke and replace The Plant Health (Fees) (Forestry) Regulations 2006 (SI 2006/2697) (as amended) in relation to England and Wales.

The Regulations implement fees that will be charged for:

Schedule 3A in the 2006 Regulations (inserted by the 2008 amendment) set out reduced frequency of inspection fees for plant health checks of Canadian maple wood. This reduced frequency of inspections no longer applies and such consignments are no longer eligible for reduced rate fees. All other fees remain the same as they were in the now revoked The Plant Health (Fees) (Forestry) Regulations 2006 (SI 2006/2697) as amended.


The Plant Health etc. (Fees) (England) Regulations 2018 revoke the Plant Health (Fees) (England) Regulations 2014 as amended.

They specify the fees payable to the Secretary of State in relation to plant health services and the certification of seed potatoes and fruit plants and fruit plant propagating material.

Fees are specified for:

Amendment
The definition of professional operator is added to mean any person involved professionally in, and legally responsible for, one or more of the following activities concerning plants, plant products and other objects:

The fees linked to an application for a *phytosanitary certificate, for export or re-export of plants in England is not payable in certain specified circumstances where a consignment is to be transported to Northern Ireland.

*Phytosanitary certificates are required when timber, which is regulated in other parts of the world, is exported from England, Scotland or Wales.

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Through Newground Together, Nicola was introduced to community employment advisor Helen Brayshaw. As part of their project “More Positive Together”, work began straight away to improve Nicola’s CV & create a new online Indeed account.

Nicola said, “Last time I had applied for jobs, nothing was online. I was really struggling with my computer skills, but Helen helped me to work on my online CV and showed me how I could search for jobs online.”

Over the coming days, Helen and Nicola worked together to search for job roles and applied to the positions which interested her. Excitingly, it wasn’t long before she was invited to an interview. They practised interview questions and looked at what Nicola should read about the company to be successful.

Since leaving her last role, Nicola’s confidence had suffered, “Helen helped me build my self-esteem back up. I was so nervous about the interview, but I needed the job as it was perfect to work around my family. Helen coached me for my interview and advised me on what I should read about the company to impress the interviewer.”

Through the work done together, Nicola now had the confidence to know how her skills gained from previous employment could be directly transferred to the new role she had applied for.

Shortly after the interview, Nicola was extremely pleased to hear that she had secured a new job at a leading hardware store, “When I was offered the job, I was ecstatic! I’ve never been out of work before, so everything felt daunting. With Helen’s help, I was able to find this job so quickly. I have been here six weeks now, and I love it; everyone is so supportive.”

Upon hearing the excellent news, to financially support Nicola before her first wage, Job Centre Plus Coach Kus arranged a fully paid bus pass that would last for a month.

Nicola added, “I would really recommend anyone looking for employment support for whatever reason to get in touch with More Positive Together. I honestly don’t know where I would be today if I didn’t have Helen’s support.

It has been a long time since I looked for a job and with everything now being online it truly took me out of my comfort zone. Helen is really easy to talk to and is proactive. She helped me navigate it all and I now know I can do it! I couldn’t thank her enough.”

Helen said, “I couldn’t be prouder of Nicola for following the advice and running with every opportunity she was given. Her hard work paid off and I wish her the best of luck in her new role!”

We offer the following services:
WASTE DUTY OF CARE VIRTUAL TRAINING

Over 2 training modules conducted over Microsoft Teams, one of our experienced consultants will provide a comprehensive overview of the waste duty of care and other key waste legislation that is applicable in England, to give you the skills required to comply.

This course is aimed at all organisations and individuals who generate, handle or treat waste within England. It will be particularly useful for those producing waste as part of their business activities, in addition to employees who handle waste and complete waste transfer paperwork.

What will I learn?

Using a mixture of presentations, activities and group discussions, by the end of the course you will be able to:

You can read more about our online course here.
WASTE DUTY OF CARE CHECKS

WASTE DUTY OF CARE WASTE COACHING

WASTE DUTY OF CARE WASTE CONTRACTOR AUDITS

If you are interested in any of the services above or would like to register your interest for one of our training courses, please get in touch via [email protected] to arrange an informal chat with one of our consultants about how we can support your organisation.

WHAT IS THIS LEGISLATION?

Along with The Ecodesign for Energy-Related Products Regulations 2010 and The Energy Information Regulations 2011, these new Regulations aim to lower the environmental impacts of energy-related products by decreasing their energy-usage and carbon footprint.

Though most requirements mirror those made within previous EU Regulations, there are important changes that you must comply to.

WHAT HAS CHANGED?

Minimum energy performance and material efficiency requirements are increased for electric motors, electronic displays, household washing machines, washer/dyers, dishwashers, and refrigeration.

Although you may already be informed of the following changes that have occurred recently regarding energy-related products, here is a reminder:

Product marking

The UKCA marking must replace the CE marking on products, packaging and documents. You can use continue to use the CE marking in the UK until 1st January 2022 however it is recommended that you start using the UKCA marking on your products before this date.

From 1 January 2022, the UKCA marking should be used in the UK. You have the choice to place the UKCA mark onto your documents, products and packages using labels or similar until 1st January 2023.

After this date, you are expected to have the UKCA marking directly affixed to the products.

Products that are placed on the Great Britain market must include the following from 1st January 2021:

The energy labels have been re-scaled for certain products, including light sources (from A+++-G to A-G energy rating classes).

The deadline to replace the old labels on non-light sources was 18th March 2021. The deadline to replace the old labels on light sources with the rescaled version is 1st April 2023. Manufacturers who produce light sources from 1st October 2021 are expected to use the rescaled energy labels.

The new 2021 Regulations provide changes to the legal requirements regarding energy-using products, therefore it is recommended that you assess whether these changes would apply to your organisation. It is also important to take note of deadlines for compliance.

WHAT IS AN ASPECT?

‘An element of an organisation’s activities or products or services that interacts or can interact with the environment’.

So environmental aspects are all the things that you do in carrying out your activities and services that can affect the environment in some way, either positively or negatively, for example:

WHAT IS AN IMPACT?

‘change to the environment, whether adverse or beneficial, resulting from an organisation’s environmental aspects.’

If an impact is the effect or the result on the environment from an environmental aspect, we can therefore look at an aspect as the cause or reason of this effect.

The aspects suggested above will have a negative or positive impact on the environment, whether that is contributing to global warming and climate change when using electricity, water pollution from discharging dirty water to a local stream, or increasing biodiversity by planting a wildlife area.

WHAT ACTIVITIES SHOULD MY ASPECTS COVER?


HOW DO I SCORE MY ASPECTS?

The method you choose needs to be consistent i.e. the same way used for every aspect. There are suggestions in the Annex to the Standard to criteria that can be used including those that relate to the aspect (type, size and frequency) or the impact (scale, severity, duration, exposure) as well as organisation issues such as legal requirements or interested party concerns. You also need to ensure the criteria is written down as it is a documented information requirement within the Standard.

Using the standard scoring criteria in the aspects tool within LUS will ensure your aspects are scored appropriately as this has been developed by our experienced consultancy team and when used correctly has great feedback from external auditors.


HOW MANY ASPECTS SHOULD I HAVE?

HOW MANY SIGNIFICANT ASPECTS SHOULD I HAVE?

HOW OFTEN SHOULD I REVIEW MY ASPECTS REGISTER?

The requirements of ISO 14001:2015 when it comes to environmental aspects registers can be confusing and unclear but they don’t have to be if you break it down into steps and keep it simple. Hopefully this article has addressed some issues you may have with aspects.

 

DO I NEED TO PROVIDE FIRST AID FOR NON-EMPLOYEES?
Employers are not strictly required to make first aid provision in relation to non-employees, though the HSE strongly advises employers to include consideration of members of the public where the employer is providing services to members of the public on its premises.
WHAT IS A ‘FIRST AID NEEDS ASSESSMENT’?
This is simply a risk assessment to determine what first aid provision should be made. All employers should consider what first aid provision should be made. On a simple, low risk site (e.g. an office), this can be included within the general risk assessment for the site. On a more complex site with significant hazards, it may be beneficial to complete a separate dedicated risk assessment to consider first aid needs.
WHAT IS THE DIFFERENCE BETWEEN A FIRST AIDER AND AN APPOINTED PERSON?
A first aider is an individual who has been trained to administer first aid. There are two levels of training provided: ‘First Aid at Work’ is the full first aid course typically lasting 3 or more days. ‘Emergency First Aid at Work’ is a shorter condensed course lasting 1 day. Refresher training is generally completed every 3 years.

In the past, first aid trainers had to be accredited by the HSE, but this ceased in 2013 (i.e. the training provider no longer needs to be accredited by the HSE)

An appointed person is an individual who is appointed to contact the emergency services in the event of an accident in which emergency medical assistance is required. An appointed person is not expected to administer first aid and does not need to complete training.
HOW MANY FIRST AIDERS DO I NEED?
There is no legally specified number of first aiders, but the HSE’s Approved Code of Practice provides recommended minimum number as follows:

An employer can provide fewer than the above recommended number, but the employer should be able to demonstrate why this is acceptable in the first aid needs assessment.
WHAT SHOULD BE IN A FIRST AID KIT?
There is no mandatory list of contents for first aid kits, but the HSE’s Approved Code of Practice does provide suggested minimum contents. The exact provision should depend on the size of the site, number of employees, and nature of hazards present. (See HSE Guidance L74 Appendix 2 here).

There is no requirement to provide a First Aid room, but the Approved Code of Practice does provide additional recommendations concerning stocking of a First Aid room where provided.
WHAT DO THE REGULATIONS SAY ABOUT MEDICATION?
First aid training does not cover administration of medicines and first aiders do not administer medicines (except in some cases aspirin following a heart attack). Therefore, first aid kits should not generally include medicines. However, it is acceptable for employees to provide their own medicines on site for personal use.
WHAT OTHER FIRST AID PROVISION SHOULD I CONSIDER?
On sites where there is a risk of chemicals or particles entering the eye, eye wash stations should be provided.

On sites where somebody may be inadvertently covered in a hazardous chemical, an emergency shower(s) should be provided close to the area(s) where the risk arises. Remember to flush the shower(s) periodically to ensure that it remains functional and as a legionella control.

Other products may also be provided to help neutralise exposure to caustic chemicals (e.g. calcium gluconate gel for exposure to hydrofluoric acid). Make sure that employees know where to find special equipment.

Burns kits may be provided in areas where employees are at risk of burns.

Sites providing healthcare may have special response kits in case of needlestick injuries, to minimise to risk of transmission of infectious diseases following a needlestick incident.
DO I NEED TO PROVIDE A DEFIBRILLATOR?
There is no legal requirement to provide defibrillator. However, use of a defibrillator in the first minutes after a heart attack significantly improves the person’s chance of survival. (As auditors, we have visited a number of sites where defibrillators have saved lives).  These days, most defibrillators provide a recorded voice telling the user exactly how to use the equipment, removing the need for specialist training (though training can be completed to provide additional confidence).

In conclusion, here are some key points:

There is no legal requirement to provide a defibrillator, but many employers are increasingly choosing to do so.  Use of a defibrillator within the first few minutes of a heart attack significantly improve a person’s chances of survival.

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.