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Jurisdiction: UK
Commencement: 31st March 2021
Amends:
The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 amends the following pieces of legislation:
The GB Retained Regulation (EU) 2017/625 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products set out the official controls to be carried out on animals and relevant goods entering Great Britain by the relevant competent authorities.
This amendment changes the date of exports and imports that apply in regulation 52 of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (as an amendment).
This regulation now relates to plants, plant products and other objects which originate in, or are dispatched from, an EU Member State, other than qualifying Northern Ireland goods, introduced into Great Britain during the period commencing on IP completion day and ending on 31st December 2021.
The date when operators must begin giving prior notification of the arrival of all plants, plant products and other objects to protect against pests of plants, is extended to 31st July 2021.
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Jurisdiction: UK
Commencement: 1st May 2021
Amends:
The Greenhouse Gas Emissions Trading Scheme Regulations 2012 Implement the European Union Emissions Trading System (EU ETS) into UK law.
The Environment Act 1995 creates a number of new agencies and set new standards for environmental management, regarding contaminated land and abandoned mines, national parks and air quality.
The Greenhouse Gas Emissions Trading Scheme (Amendment) and National Emissions Inventory Regulations 2005 establish an application procedure by which a person may apply to the Secretary of State for approval of one of the project activities established under the Kyoto Protocol or for authorisation to participate in the project activity.
The Environment Agency is no longer required to take account of European Union (EU) laws when considering applications for Kyoto Protocol projects* as the UK is no longer part of the EU. Instead, it must ensure that the UK’s relevant international climate law obligations are satisfied; this includes the United Nations Framework Convention on Climate Change (UNFCCC) and the Kyoto Protocol**.
*Kyoto Protocol projects are emission-reduction projects used to earn certified emission reduction (CER) credits under the Protocol. These can be either Clean Development Mechanism (CDM) or Joint Implementation projects.
**The Kyoto Protocol is a protocol of the United Nations Framework Convention on Climate Change (UNFCCC), an international climate treaty. The Protocol commits industrialised countries and economies to limiting and reducing their greenhouse gas emissions, including the UK.
There are no changes to duties for organisations.
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Jurisdiction: Wales
Commencement: 30th April 2021
Amends: The Town and Country Planning (General Permitted Development) Order 1995
*Permitted developments include development consisting of the erection, extension, alteration or replacement of storage sheds and greenhouses on community growing spaces.
Class A allows temporary use of land for 28 days. 14 days of these may be used for a market, or motor car and motorcycle racing between 30th April 2021 and 3rd January 2022. Removable structures are also allowed during this time.
Development is not allowed on land where there is a scheduled monument or on the land of a listed building located within a Site of Special Scientific Interest (SSSI) or National Park.
Class B allows the use of land for holding a market by or on behalf of a local authority between 30th April 2021 and 3rd January 2022.
Class C, D and E allow a temporary change of use for town centre buildings. The change of use is limited to 6 months and must cease on or before 29th April 2022. Developers are required to notify the local planning authority of the developments as soon as is reasonably practicable.
Class D also allows for the installation of a retractable awning over the front of food and drink premises. The awning cannot display an advertisement and must be retracted between 10pm and 8am. If an awning extends over a highway, permission must be obtained by the local authority.
Class F allows the change of use of part of a highway adjacent to food and drink premises for the purposes of placing removable chairs, tables and other removable furniture for the purposes of selling, serving or consumption of food and drink supplied from that premises. Permission must be obtained from the local council and furniture must not be used between 10pm and 8am. [May 2021]
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Jurisdiction: England
Commencement: 21st May 2021
Amends: The Single Use Carrier Bags Charges (England) Order 2015
The minimum amount that all sellers (i.e. a person who sells goods) must charge for a single use carrier bag in England is increased to 10 pence.
Small retailers, employing less than 250 staff, will no longer be exempt from the obligation to charge for a single use carrier bag.
Airports are now required to charge for single use carrier bags, to reduce their usage and the litter associated with them.
The expiry date of 5th October 2022 is removed from The Single Use Carrier Bags Charges (England) Order 2015.
Sealed transit bags (a bag which is intended to be used to carry alcohol or tobacco) are now included in Schedule 2 to the list of excluded bags.
The requirement to report on the number of single-use plastic bags is not extended to Micro, Small, and Medium Enterprises. This obligation remains with large retailers only.
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Jurisdiction: United Kingdom
Commencement: 29th May 2021
Amends:
This Renewables Obligation Order 2015 (England and Wales) consolidates and re-enacts the Renewable Obligation Order 2009, as amended. It imposes an obligation, on all electricity suppliers licensed under the Electricity Act 1989 which supply electricity in England and Wales, to produce a certain number of renewables obligation certificates in respect of each megawatt hour of electricity that each supplies to customers in England and Wales during a specified period known as an obligation period. It also bands the different technologies that are used to generate electricity from renewable sources.
The definition of the Combined Heat and Power Quality Assurance (CHPQA) Standard in The Emissions Performance Standard Regulations 2015 (the ‘2015 Regulations‘) is updated to introduce Issue 8 of the CHPQA Standard for a period of 12 months from 29th May 2021.
Issue 8 of the CHPQA Standard is a temporary easement to reduce the financial impact of Coronavirus (COVID-19) on Combined Heat and Power (CHP) Scheme operators and to allow continuity of support under the CHPQA Programme for the 2021 certification process.
The temporary easement will allow Schemes to be recertified in 2021 where Scheme Operators can provide appropriate evidence of the impact that lockdowns and other COVID-19 restrictions have had on the operation of their Schemes.
Minor changes are also made to the 2015 Regulations by removing references to Directive 2012/27/EU on Energy Efficiency as the UK has left the EU.
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Jurisdiction: UK
Commencement:
The following sections of the Act will commence on Royal Assent (30th December 2020):
The other provisions will commence on the day or days appointed by regulations.
Amends:
This Act implements into legislation ‘Agreements‘ that have been agreed between the United Kingdom (UK) and the European Union (EU) following the UK’s departure from the EU:
The Act is required to implement the Agreements for them to have domestic legal effect and to enable the UK Government to consent to the Agreements. It also enables the implementation of future arrangements and agreements.
The applicability to health and safety relates to Part 2 of the Act, specifically disclosure and sharing of non-food product safety information within the UK and with the EU.
Non-food product safety information includes the compliance of products, as well as whether they are safe, and the information listed in Article TBT.9(3) of the TCA and information under the Annexes on chemicals and motor vehicles to the Trade and Cooperation Agreement:
This Act provides a way for the UK to share non-food product safety information received from the European Commission with the ‘appropriate person‘ so that the information can be used for the protection of consumers and others.
Where a relevant authority, i.e. a Government Minister or the Health and Safety Executive (HSE), receives non-food product safety information from the European Commission, they can disclose non-food product safety information received from the EU for a permitted purpose. The following are permitted purposes:
There is no restriction on who the information can be shared with, provided it is for the permitted purpose. In practice, it is expected that this information will be shared with public authorities, such as market surveillance authorities and the Crown Dependencies, as part of their inclusion in the TCA.
A person who receives non-food product safety information from the EU may only use the information for a permitted purpose and is not able to further disclose the information except with the consent of the relevant authority.
The Act also provides a way for a Government Minister or the HSE to share with the European Commission information which relates to non-food product safety for the purpose of the TCA. The TCA establishes contact points through which this information will be exchanged between the UK Government and the European Commission.
There are no direct compliance duties for organisations in this Act.
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Having cared for both his parents for over 12 years, their sad passing was made even more difficult when Jeff found himself unemployed and isolated without the busy schedule he once had.
Read our article to see how your business helps to provide the skills and experience to get individuals like Jeff back into employment.
As a company, we are committed to providing 100% of our profits to charitable causes. Through our charity, Newground Together, all our profits go directly towards improving local communities & environments.
One way in which Newground Together help the local community is through employment and skills support, which ranges from assistance with CV writing, the provision of free training courses & help to gain secure, good-quality employment.
With their unique person-centred approach, last year Newground Together helped 325 people into work, over 600 people into training and supported over 1,000 people in their employment journey.
Recently, Jeff Dickinson, 61, approached Newground Together having received a leaflet that advertised their employment scheme “More Positive Together”. This scheme offers support with CV writing, improving interview skills and ultimately securing employment.
Jeff had previously been a full-time carer, spending 12 years caring for his parents with his father sadly suffering from Alzheimer’s. In 2017, his father unfortunately passed away. Jeff continued to care for his mother who needed his support full-time until she unfortunately passed in June 2020.
Along with dealing with the loss of his parents, Jeff’s situation changed immediately. As Jeff had ceased to be a full-time carer, he was no longer entitled to the carers support he was used to. Already suffering from grief and now with the new addition of financial worries, this had a negative impact on Jeffs’ mental health.
This is when Jeff turned to Newground Together.
Jeff said: “In order to claim Universal Credit I needed to prove I was actively looking for work. Not only this, I knew that finding employment would make me feel better physically and mentally. I wanted something to occupy my mind.”
“Before getting support from Newground I tried to write my own CV which was the first time I had ever written one! It made me feel down about the new circumstances I found myself in and I was glad to find out about a service that could support me.”
Jeff was put in touch with More Positive Together employment advisor Joe Geraghty who was able to look over his CV and update it. Joe also contacted several local agencies to find if any were hiring to give Jeff some work experience that he could add to his CV.
Jeff said: “Not long after helping me with my CV, Joe was back in touch to say there was a temporary full-time position available as a picker/packer at a local warehouse. I was nervous when he asked if I was interested, but I knew it was time to bite the bullet and give it a chance!”
“The position started at the end of November and lasted until the end of December and I found the experience really useful after not being a part of the workforce for a decade. I was really relieved that they were understanding of my COPD and I managed the lighter items. It was proper teamwork and it really did me a lot of good. Everyone there was nice, and it improved my mental and physical health.”
Jeff is now looking forward to the future, “I feel a lot more confident now with my new CV and work experience. I am going to continue to work with Joe to find employment and I feel more hopeful for the future.”
Joe said: “I think Jeff has a bright future ahead and we will continue to work together to find a job he can have until he retires.”
Was your organisation previously part of the EU Emissions Trading Scheme (EU ETS)? If so, read on to find out about the UK scheme that has replaced EU ETS due to Brexit.
As the UK has left the EU, organisations that were part of EU ETS are automatically transferred to the UK scheme that has replaced the EU version for UK participants. This scheme is known as the UK Emissions Trading Scheme (UK ETS).
The UK ETS went live on 1st January 2021 and it broadly follows the same criteria with a few important differences.
The EU ETS has been around for a number of years. It was set up in 2005 to help combat climate change and become a key tool for reducing greenhouse gas emissions cost-effectively. It was the world’s first international emissions trading system.
The schemes uses the ‘cap and trade’ principle. There is a limit on the total amount of certain greenhouse gases that can be emitted by the organisations covered by the system – this is the ‘cap’. The cap is reduced over time so that total emissions fall.
Organisations buy or receive emissions allowances, which they can trade with one another as needed. Each year each organisation must surrender enough allowances to cover all of its emissions, otherwise fines are imposed. If emissions are reduced, spare allowances can be sold to other organisations that are short of allowances.
Buying and selling of allowances takes place within official auctions.
The UK ETS has been implemented by the following legislation:
Note that the scheme is still in the process of being introduced so it is likely that further secondary legislation around the scheme may still be published.
The principles of the UK ETS largely follow the requirements brought in by the EU ETS. It has been designed to maintain continuity with the EU ETS and to facilitate possible linkage in the future, which is subject to ongoing trade negotiations between the UK and EU.
A UK ETS Authority has been created to oversee the scheme and this is made up relevant departments within the UK government.
There are no changes to who the UK ETS applies to meaning if organisations were part of EU ETS they fall under the scope of UK ETS. But how do you know if your organisation falls within the scope of UK ETS? The regulated activities covered by the UK ETS are listed in the table in Schedule 2 to the legislation. Aviation activities are also covered by the scheme.
The scheme covers electricity generation and heavy energy-using industries such as power stations, refineries, iron and steel, cement and lime, paper, food and drink, glass, ceramics, engineering, and the manufacture of vehicles. Other organisations, including universities and hospitals, may also be covered by the UK ETS depending upon the combustion capacity of equipment at their sites.
If organisations carry out an activity covered by the UK ETS, they must hold a greenhouse gas emissions permit. These permits are issued by the regulators in the UK jurisdictions (for example the Environment Agency in England). Organisations should already have had their new greenhouse gas emissions permit for UK ETS issued by their regulator.
The requirements around annual monitoring, reporting and verification of greenhouse gas emissions remain very similar. The deadline for submitting reports remains the same as in the EU ETS which is by 31st March in the following year.
A UK Registry has been created for the UK ETS which is the system used for keeping track of allowances held by participants. It replaces the use of the EU registry operated by the European Commission within the UK. Again, the deadline mirrors that for surrender of allowances each year which is by 30th April in the following year.
UK ETS auctions have recently just begun, with the first one taking place on 19th May 2021. This is where organisations can buy and sell emissions allowances. Auctions take place every 2 weeks as set out in the auction calendar.
The UK ETS is a complex scheme and the main points have been touched on in this article. If you would like to know more about the scheme Government has produced dedicated guidance including ‘participating in the UK ETS’.
If the UK ETS applies to you have you considered taking a look at our Legislation Update Service? Our handy tool that allows you to create your own environmental legal register, packed with handy features to help you manage your obligations. Start your 7 day free trial today!
The Government has confirmed that all privately rented non-domestic buildings will need to meet Energy Performance Certificate (EPC) Band B by 2030 and are seeking views on a proposed framework to implement and enforce this requirement.
An EPC is required whenever a building is built, sold or rented and The Energy Efficiency (Private Rented Property) (England and Wales) Regulations previously set a Minimum Energy Efficiency Standard (MEES) of EPC Band E for non-domestic private rented properties.
In 2019 the Government published a consultation on a proposed future regulatory target for the non-domestic private rented sector of EPC B by 2030. This was widely supported by consultees and the Government confirmed in the Energy White Paper that this would be the energy efficiency standard required for non-domestic private rented buildings by 2030.
Stakeholder responses to the 2019 consultation raised concerns with how existing minimum energy efficiency standards have been implemented and enforced, and the challenges in delivering this in practice. The Government are now seeking views on a proposed framework to improve the implementation and enforcement of the EPC B by 2030 requirement through a new consultation. The proposed framework aims to ensure that the policy is deliverable in practice through simplifying the compliance process and strengthening enforcement, which will require legislative changes to reflect how industry and local authorities operate in reality.
The full 2021 consultation is available to view on the gov.uk website and will close at 11.45pm on 9th June. Responses to the consultation can be submitted online here.
The Compliance People will keep you up to date with any potential changes to legislation or duties for businesses and organisations resulting from the consultation.
To keep up to date with more consultations that may be relevant to your organisation have you considered taking a look at our Legislation Update Service? – Start your 7-day free trial today!
Jurisdiction: Northern Ireland
Commencement: 9 April 2021
Amends: New Legislation
These Regulations are designed to protect public health by preventing the spread of Coronavirus (COVID-19).
The Regulations apply to various types of businesses and other organisations that are required to close or restrict their activities. They also apply to individuals, prohibiting people from attending certain types of gatherings, or from entering certain restricted places.
These Regulations apply in Northern Ireland only. There are different Regulations in England, Scotland and Wales. Note that the requirements differ between jurisdictions.
These Regulations came into force on 9th April 2021 and revoke The Health Protection (Coronavirus, Restrictions) (No. 2) Regulations (Northern Ireland) 2020.
The Regulations impose requirements on various types of businesses and organisations that are required to close in order to restrict the spread of Coronavirus. The requirements are restricted to businesses where significant numbers of people congregate, or where there is a higher risk of transmission of Coronavirus due to close personal contact.
The Regulations give the Department of Health power to issue an order for the closure or partial restriction of specific places. Where this occurs, local authorities or organisations that control restricted places must take reasonable steps to prevent people from entering the restricted place.
Requirement to close businesses and other premises
Persons responsible for the running of businesses or other premises listed in Part 1 of Schedule 1 must close those businesses or other premises.
Exemptions
Essential retail businesses (listed in Part 2 of Schedule 1) are not required to close.
Non-essential retail businesses (those not listed in Part 2 of Schedule 1) may continue to operate via delivery or click and collect services where the order and payment is received via:
Restrictions on the hospitality sector
A person responsible for carrying on a business or a members’ club which sells or provides food or drink (including alcohol) for consumption on the premises must:
Food or drink, not including alcohol, may still be sold for consumption off the premises (e.g. take away food services) where orders are placed between 5:00am and 11:00pm.
Restrictions on off-licence businesses
A person responsible for carrying on a business which sells or provides alcohol for consumption off the premises (but not including a bar, members’ club or public house) may continue to do so between:
Restrictions on indoor gatherings
Indoor gatherings are only permitted if they are attended by no more than 6 persons from no more than 2 households.
Restrictions on outdoor gatherings
Outdoor gatherings are only permitted if they are attended by no more than 10 persons from no more than 2 households.
Exemptions
Exemptions to the restrictions on indoor and outdoor gatherings can be found in regulation 9(4) and regulation 9(5).
Organising a specified event/activity
Organising one of the following events comes with specific requirements:
The person organising the event/activity must complete a risk assessment that satisfies the requirements laid out in The Management of Health and Safety at Work Regulations (Northern Ireland) 2000 and takes all reasonable measures to limit the risk of transmission of Coronavirus by complying with any guidance issued by the Department of Health.
Up to 4 visitors are now allowed into venues hosting wedding/civil partnership ceremonies for the purposes of viewing the facility.
Note the restrictions on gatherings do not apply where it is necessary to avoid injury, illness, escape risk of harm or to provide emergency or medical assistance to any person.
Restrictions on sporting events
Individuals are prohibited from organising, operating or participating in an indoor or outdoor sporting event.
Exemptions to restrictions on sporting events
No person may stay overnight from the place where they or members of their linked household normally live without reasonable excuse. A person may be exempt from this requirement if they have a reasonable excuse, a list of the accepted reasonable excuses can be found in regulation 13(2).
Collection of visitor information
A person responsible for providing close contact services, services listed in regulation 15(1b) or organising a gathering which is a marriage/civil partnership ceremony are required to:
Visitor information must be provided within 24 hours, upon request of a relevant person**.
*Visitor information includes:
** A relevant person is:
A person responsible for operating a close contact service listed in Schedule 2 must stop providing that service. Close contact services may still operate only if one of the following conditions are met:
A person responsible for the organisation or operation of a relevant place* must take reasonable measures to ensure that their representatives, employees and visitors to such a place, comply with social distancing measures at all times.
*A relevant place is:
**Social distancing measures are actions taken for the purpose of minimising the risk of exposure to or spread of Coronavirus (COVID-19).
Social distancing measures require a responsible person to take reasonable steps to ensure:
Where it is not reasonably practicable for a social distance of 2 metres to be maintained, a responsible person should take reasonable steps to ensure that:
The Regulations provide enforcement powers to police constables and other such persons designated by the Department of Health.
Enforcement powers include:
These powers should only be used where they are necessary and proportionate.
Note: A person to whom a premises improvement notice or a prohibition notice is issued may appeal to a court of summary jurisdiction against the notice within 7 days after the day the notice is issued.
These Regulations provide that enforcement officials can serve a fixed penalty notice. The amount of a fixed penalty notice for businesses or organisers of events ranges from £1,000 for a first incident of receiving the notice, up to a maximum of £10,000 for repeated infringements. The Regulations set out procedural rules concerning fixed penalty notices, including the circumstances and processes by which a person who has received a fixed penalty notice can challenge it.
Link to full government text
The following changes to the requirements are made:
Link to full government text – Amendment
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