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Jurisdiction: GB (England, Scotland, Wales)
Commencement: 1 January 2021
Amends: Transport Act 1968
The Transport Act 1968 creates rules for management of driver safety in relation to goods and passenger vehicles. The rules set out in this Act and subsequent amendments are known as the ‘Domestic Rules’.
These Regulations make a minor change to the Transport Act 1968 to clarify that following the UK’s exit from the EU, a breach of the EU Rules can still be prosecuted whether the offence was committed in the UK or in an EU Member State.
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On December 25th 2020, the Scottish Environmental Protection Agency (SEPA) confirmed that it was responding to a significant cyber-attack affecting its contact centre, internal systems, processes and communications. As a result of the cyber-attack, SEPA’s online application service for new and renewal of waste carriers or brokers registrations is currently unavailable.
It is an offence to transport waste to or from any place in Great Britain, or act as a broker if you are not registered. SEPA has therefore implemented temporary measures to cover businesses who act as carriers or brokers of waste.
The regulator has established a system to allow carriers and brokers of controlled waste to register for the first time using its online service.
SEPA is not currently able to receive or determine applications to renew existing registrations so has adopted a regulatory position statement (RPS). If a registration is due to expire in the period between 24th December 2020 and 31st May 2021, SEPA will treat it as extended until 30th June 2021.
Carriers and brokers operating under this temporary RPS must continue to comply with the Duty of Care for Waste.
This position statement applies only in Scotland. Businesses based in England and Wales must continue to hold a valid waste carrier or broker registration to operate in Scotland. Application services in England and Wales are operating normally.
SEPA will provide updated information on how to submit a renewal application when this is available.
Remember to check if any waste carriers you use are affected by this.
Our customers ongoing subscriptions continue to improve the lives of people across the North West.
This month, 100% of the profits from your subscriptions have helped our charity, Newground Together provide vital support services during the Covid-19 crisis.
The charity has been working with Barnardo’s on their See, Hear, Respond campaign aimed at directly protecting children, young people and families. This provides a lifeline to the young people who are at risk of becoming the forgotten victims of the pandemic.
Barnardo’s is leading a coalition of over 70 charities across England, including Newground Together who operate across West Yorkshire and East Lancashire. This supports local authorities, schools, colleges, police forces and healthcare professionals to offer one-to-one support, digital group support, detached youth work and crisis support.
Steve Oversby, Director of Barnardo’s North Region, said “These are vulnerable children and young people who are struggling as a result of the pandemic.”
“This is extremely important work and is making a vital difference to children’s lives. I know that for many, support now will be the key to achieving a positive future.”
During phase one, Newground Together’s youth workers committed:
Nic McGrath, Communities Programme Director for Newground Together said, “Now we are back in lockdown, we are shifting to supporting children and young people to stay engaged with education.
There is a huge digital divide – imagine day to day life with no mobile phone, tablet, laptop or access to the internet? This makes home schooling really challenging for low-income families. So often it is about finding solutions, applying for a crisis fund and supporting young people and parents with strategies.”
In total, the coalition has supported 40,000 children and young people whilst 250,000 have accessed resources online. This is one of the many reasons we will continue to gift aid all of our profits into our charity instead of to shareholders.
The Finance Bill 2021 has been published this month and includes more information on the Plastic Packaging Tax, which is expected to be introduced from 1st April 2022. Here’s what we know so far.
The tax is likely to directly impact those who manufacture and import plastic packaging in the UK with a recycled content less than 30% at £200 per tonne.
It is expected to apply to the import of plastic packaging, which is both filled and unfilled, meaning that it may apply where items are purchased in plastic packaging too.
However, it is expected there will be an exemption for manufacturers and importers of less than 10 tonnes of plastic packaging per year.
If you are obligated to pay the tax, you will have to register with HMRC.
As this all currently sits in draft legislation, it is still unconfirmed and won’t be set in stone until the Bill becomes law as the Finance Act 2021. Look out for further updates on this in the coming months.
In the meantime more information can be found in the policy paper here.
Things to ask when considering if your business may be obligated?
If you answered yes to any of the above, does this equal over 10 tonnes a year of plastic packaging? If yes, you may be obligated from April 2022.
Though you don’t have any duties at this stage, you may want to consider the impact that this new tax may have on your business, and if any changes could be made to the packaging you make or import to avoid the tax. For example, could you reduce the amounts you use? Or increase the recycled content to over 30%?
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Jurisdiction: Great Brittain
Commencement: 1st March 2021
Amends: The Domestic Renewable Heat Incentive Scheme Regulations 2014
The Domestic Renewable Heat Incentive Scheme Regulations 2014 establish a government financial incentive to promote the use of renewable heat within households. Financial support is paid quarterly, at a set rate per unit of renewable heat produced for seven years, to the owner of the heating system. Tariffs are set according to technology. The scheme is administered by the Gas and Electricity Markets Authority.
The Domestic Renewable Heat Incentive Scheme is amended by these Regulations in several ways.
Due to the COVID-19 pandemic, the requirement for applications to the RHI Scheme to be made within 12 months of the renewable heating system being commissioned is extended. Any installation commissioned on or after 1st March 2019 can apply for the Scheme until it closes to new applications on 31st March 2022.
The definition of ‘code of practice’ is updated to refer to version N of the Home Insulation & Energy Systems Quality Assured Contractors Scheme’s code of practice published on 21st January 2021.
The tables in Schedule 6 are updated, which detail the expenditure within the Scheme for individual renewable heat technologies. Removed from the expenditure are any installations that will stop receiving their RHI payment tariff in 2021 as they have reached the end of their 7-year tariff period.
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Jurisdiction: England, Wales
Commencement:28th December 2020
Amends: The Energy Performance of Buildings (England and Wales) Regulations 2012 (SI 2012/3118) as amended
The Energy Performance of Buildings (England and Wales) Regulations 2012 lay down the requirements for Energy Performance Certificates (EPCs) when buildings are constructed, sold or rented out; for Display Energy Certificates (DECs) to be displayed in large public buildings; and for the regular inspection of certain air-conditioning systems.
Changes have been made to the requirements for an inspection of the energy efficiency of air-conditioning systems in buildings. The inspection report (TM44 report) must now consider the capabilities of each air-conditioning system to optimise its performance under typical operating conditions. This is a requirement on the person producing the TM44 report and not necessarily on those who own the air-conditioning systems (unless they are the ones carrying out the report).
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Jurisdiction: Great Brittain
Commencement:1st April 2021
These Regulations revoke and replace The Health and Safety and Nuclear (Fees) Regulations 2016. The 2021 Regulations introduce fee increases for fees that were prescribed in the previous Regulations. Other than fee changes, the 2021 Regulations are almost identical to the 2016 Regulations (as amended). The only changes (apart from fee increases) are minor clarifications.
It is policy of the Government, the Health and Safety Executive (HSE) and the Office for Nuclear Regulation (ONR) to charge fees for a range of activities described as ‘permissioning work’ in order to recover their costs. Permissioning activities that are charged for include:
The charges set out in these Regulations are reviewed annually with the fees charged being amended as appropriate.
These Regulations fix or determine the fees payable by an applicant to, in most cases the HSE, in respect of:
This scheme was first implemented in October 2012. The fee for intervention scheme allows an HSE inspector to recover costs, known as Fees for Intervention (FFI), from companies found to be in material breach of health and safety law. If an HSE Inspector visits a business and finds any ‘material breach’ of health and safety regulations, the Executive can recover its costs in investigating the breach from the business, by raising a ‘fee for intervention’ which is calculated at a rate which may be increased from time to time. [As at 1st January 2021 the rate is £157/ hour].
Businesses will not be charged where there is no breach identified or where the breaches are minor (not ‘material’).
There is a right of appeal to the HSE. If the HSE dismisses the appeal, additional charges may be incurred and rendered. There is a further right of appeal to a panel comprising the HSE and an independent panel member.
n.b. Local Authority inspectors do not have the power to raise invoices under this scheme.
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Jurisdiction: England
Commencement: 1st May 2021
These Regulations add to the prohibitions on burning specified vegetation set out in The Heather and Grass etc. (Burning) Regulations 2007, by prohibiting burning activities on deep peat (over 40cm depth) from 1st May 2021.
Individuals are prohibited from burning any specified vegetation* on areas of peat over 40cm deep, on a Site of Special Scientific Interest that is also a Special Area of Conservation unless an exception applies, or the burning is carried out under and in accordance with a licence issued by the Secretary of State.
*Specified vegetation includes any of the following:
n.b. For the purposes of these Regulations, ‘Sites of Special Scientific Interest’ and ‘Special Areas of Conservation’ are also known as a ‘designated site’.
These Regulations do not apply where land is cultivated as a private or allotment garden.
A person must not burn specified vegetation on a designated site on peat that is a depth of more than 40cm, unless this is done under a licence issued by the Secretary of State (see further below on how to apply for a licence).
Exception
This does not apply to where specified vegetation is to be burned in 1 burning season* in an area which:
And:
*The burning season takes place between:
Individuals may apply to the Secretary of State for a licence allowing the burning of specified vegetation.
Applications may be made in relation to burns in more than 1 burning season or calendar year (i.e. for multiple subsequent years).
Applications must be made no less than 28 days before the date (or the first date if multiple applications are made) on which the applicant proposes to burn during the burning season.
Where burning takes places outside the burning season, applications must be made no more than 56 days before the date on which the applicant proposes to burn.
The Secretary of State may grant a licence where it is necessary:
The Secretary of State must give notice in writing to the application if they:
Where a licence has been granted for burns in more than 1 burning season or for burns outside the burning season in more than 1 calendar year, the Secretary of State may amend or revoke that licence.
Where a licence is granted, a person must not:
Natural England may serve a burning notice on the occupier of the land if it is believed that specified vegetation has been burnt in contravention of these Regulations.
Where a burning notice is served, that person is required to notify Natural England of any proposed burning of any specified vegetation, beginning with the date on which the notice is served.
A burning notice has effect until it is revoked by the Secretary of State, withdrawn by Natural England or the notice expires.
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Jurisdiction: Scoland
Commencement: 1st February 2021
These Regulations introduce temporary arrangements to ease conformity requirements for PPE products that are made and supplied for use during the Coronavirus (Covid-19) crisis, to reduce the public health risks presented by Coronavirus. PPE that usually requires a conformity assessment can be provided to healthcare workers or specified frontline health and care sector workers without having completed the conformity assessment process.
Temporary arrangements applying to manufacturers, importers and distributors in relation to the conformity assessment process will continue in Scotland to speed up the supply of essential Covid-19 related personal protective equipment (PPE).
Temporary arrangements for PPE were introduced by Commission Recommendation 2020/403 on conformity assessment and market surveillance procedures within the context of the COVID-19 threat. These temporary arrangements were implemented in the UK on March 2020. As Commission Recommendation 2020/403 has not been carried over into domestic UK law at the end of the Brexit transition period, new requirements are made to continue the easements for as long as they are needed. These Regulations make specific arrangements for the supply of emergency Covid-19 PPE after the end of the transition period.
These arrangements ease the regulatory requirements for conformity assessments for certain categories of PPE for a limited time, to increase the supply of essential Covid-19 related PPE on the UK market and for healthcare and specified health and care sector frontline workers.
The arrangements are time limited and require an assessment to be conducted by the Health and Safety Executive (HSE) by specified dates (see below).
PPE undergoing conformity assessment procedures that are yet to receive conformity marking (e.g. a UK or CE mark) can be made available for purchase in the UK.
To be eligible, the PPE must be needed for the protection from Coronavirus and the conformity assessment procedure must have been initiated. The HSE must have certified the PPE as compliant with the requirements laid out in Regulation 2016/425/EU on personal protective equipment.
Please note: The HSE will only undertake this assessment and certification process until 31st March 2021. After 31st March 2021 the usual conformity assessment requirements which applied before March 2020 will apply to unassessed PPE.
PPE that usually requires a conformity assessment can be provided to healthcare workers or specified frontline health and care sector workers without having completed the conformity assessment process.
The PPE must be needed for the protection from Coronavirus and it must have been purchased by, or on behalf of the Scottish Ministers or a health service body and only for the use of healthcare or specified frontline health and care sector workers.
Where PPE is made available to healthcare workers and frontline workers, the PPE must be assessed by the HSE and found to be compliant with the safety requirements specified in Annex II of Regulation 2016/425/EU on personal protective equipment.
Please note: The HSE will only undertake this assessment and certification process until 30th June 2021. After 30th June 2021, the usual conformity assessment requirements, that applied before March 2020 will apply to unassessed PPE.
Manufacturers, importers or distributors supplying PPE under these temporary arrangements, that do not complete a conformity assessment and/or attach the conformity marking will not be guilty of an offence.
PPE that has been assessed under Commission Recommendation 2020/403 does not affect the validity of any HSE assessment or conditions set by the HSE in respect of the assessment of PPE.
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Jurisdiction: GB
Amends: Regulation (EC) No 1907/2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), as amended
Regulation (EC) No 1907/2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) imposes requirements on manufacturers and importers of chemicals and restricts the use of certain high risk chemicals.
The REACH Regulation requires registrants (i.e. those who have registered chemicals under REACH) to update their registrations with any relevant new information. However, no deadlines are provided within which updates must be submitted. Regulation (EU) 2020/1435 is an implementing Regulation which supplements REACH by setting out deadlines for updating of registrations. Where any of the following changes in circumstances apply, the registrations should be updated within the time frames summarised below:
The deadline is from when the HSE informs the lead registrant that their update registration is complete.
Updates of Annexes to REACH
Where any of the Annexes to REACH is amended, resulting in a change of information required to be submitted in support of a registration, the registration must be updated by the date from which that amendment to the Annex applies.
Process for updating registrations
Registrations should be updated through the ECHA. Information for registrants can be found via the ECHA website.
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