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Jurisdiction: England
Commencement: 23rd September 2020
Amends:
The Health Protection (Coronavirus, Wearing of Face Coverings on Public Transport) (England) Regulations 2020 require individuals to wear face coverings whilst using public transport in England (i.e. buses, trains, trams, aircraft and water taxis) to protect against the risks to public health arising from Coronavirus (Covid-19).
The Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place) (England) Regulations 2020 require individuals to wear face coverings whilst in a relevant place (e.g. shops, shopping centres, banks, post offices etc.) to protect against the risks to public health arising from Coronavirus (Covid-19).
Amendments are made to the definition of “Public transport service” to mean any service for the carriage of passengers from place to place which is available to the general public (whether or not for payment, whether or not all of the places connected by the service are in England, and whether or not there are breaks in the journey) but does not include:
Amendments are also made to correct grammatical errors within the legislation. No duties are changed within this amendment.
Administrative amendments are made to correct grammatical errors throughout the Regulations and to rectify mistakes made in the initial writing of the Regulations.
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Jurisdiction: Wales
Commencement: 26th May 2020
The Health Protection (Coronavirus Restrictions) (Functions of Local Authorities etc.) (Wales) Regulations 2020 allow local authorities to give directions relating to premises, events and public outdoor places in their area, restricting the opening and functioning of premises and access of areas / locations for businesses and individuals.
These Regulations are designed to protect public health by preventing the spread of Coronavirus (Covid-19).
The Regulations make provision for local authorities to give directions relating to premises, events and public outdoor places in their area. A direction may only be given if the local authority considers that the public health, necessity and proportionality conditions below are met.
Individuals, businesses and other organisations may have to follow directions to close or restrict their activities.
These Regulations apply in Wales only.
There are separate Regulations in England, Scotland and Northern Ireland. Note that the requirements in other jurisdictions differ, in some cases to a significant degree.
These Regulations came into force on 14th September 2020 and expire on 8th January 2021 unless revoked prior to this date.
Local authorities have the right to give directions concerning individual premises, events or public places, in line with the following conditions:
Welsh Ministers must be made aware of any direction given by a local authority. The local authority must review its decision concerning any direction given, at least once every 7 days.
If on a review of a direction, a local authority considers that the conditions of the direction are no longer met, it must revoke the direction and notify each person on whom it was served.
Before a direction can be given or revoked, a local authority must take into consideration any advice given by the Director of Public Protection and any guidance issued by the Welsh Ministers.
Local authorities can give directions to:
These directions should only impose a prohibition, requirement or restriction on:
Before giving a direction, a local authority must ensure that members of the public have access to essential public services and goods.
A local authority is not allowed to give directions concerning any premises which form part of essential infrastructure.
Local authorities can give directions to:
These directions should only impose a prohibition, requirement or restriction on either:
A person is not involved in organising an event if their only involvement is, or would be, attending that event.
Local authorities can give directions imposing prohibitions, requirements or restrictions concerning access to any public place within its area.
A public place is an outdoor place where the public has access, including:
Please note: A public place does not include access land (land owned by the National Trust) or a public path.
These directions may prohibit access at specified times.
A direction relating to public places, given by a local authority must take reasonable steps to:
Any person, other than a local authority who owns, occupies or is responsible for a premises in a public place, must take steps to prevent or restrict public access to the premises in accordance with the direction.
No person may, without reasonable excuse, enter or remain in a public place, if doing so contravenes a prohibition, requirement or restriction imposed by a direction.
Both the local authority who gave the direction and anyone who owns, occupies or is responsible for land in a public place to which a direction relates to, must take reasonable steps to prevent or restrict public access to the public places.
Following the issue of a direction, no person may enter or remain in a public place where a direction of prohibition, requirement or restriction is imposed, unless they have a reasonable excuse to do so.
A reasonable excuse includes where:
Where a local authority gives a direction which imposes a prohibition, requirement or restriction on a person specified by name, or revokes a direction, the direction or notice of revocation:
Welsh Ministers must consult the Chief Medical Officer for Wales before requiring a local authority to revoke a direction.
Once a local authority has given a direction, it must send a copy of the direction to:
The local authority that issued the direction is also required to publish the direction to bring it to the attention of those who may be affected by it.
If a person receives a direction that imposes a prohibition, requirement or restriction, they can appeal against the direction to a magistrates’ court, by making a complaint to the Welsh Ministers.
The Welsh Ministers must consider the appeal as soon as reasonably practicable and must provide written reasons for the decision to the interested person and the local authority which gave the direction.
Where the relevant authority* has reason to believe public paths and access land will receive large numbers of people congregating in close proximity to each other, or where the use of public paths and access land poses a high risk of exposure to Coronavirus, the relevant authority has a duty to:
*A relevant authority includes:
Where a public path or access land has been closed under:
that path or land is to be treated as if it were closed under these Regulations.
Individuals are prohibited from using a public path or land which is closed, unless they are authorised by the relevant authority.
Where there is a closure of public paths and access land, the relevant authority is required to:
Powers are given to enforcement officers* to enable them to enforce directions given under these Regulations.
*An enforcement officer is considered to be any of the following:
Enforcement officers may give a prohibition notice to a person if the officer reasonably believes that:
Where it is considered that a person is, without reasonable excuse, in a public place and in contravention of a direction, a police constable can:
Where enforcement officers are required to enter a premises to take enforcement action, they may:
Upon entering a premise, enforcement officers are required to:
These powers should only be used where they are necessary and proportionate.
Any person who contravenes the duties under these Regulations, obstructs a person carrying out a function under these Regulations, or fails (without reasonable excuse) to comply with any direction from a person with enforcement powers, is guilty of an offence punishable by a fine.
If a company commits an offence due to the consent, involvement or neglect of a director, manager, secretary or other officer of that company, that person is also guilty of the offence.
Enforcement officials can serve a fixed penalty notice. Payment of the notice by the person on whom it is served avoids the need for criminal proceedings.
The amount of a fixed penalty notice is set at £60 for an individual receiving their first fixed penalty notice. If the fine is paid within 14 days of receiving the notice, the fine is reduced to £30. Each subsequent fixed penalty notice received after a first offence doubles in amount, up to a maximum of £1,920. The specific amounts are shown below:
When determining how many fixed penalty notices a person has received, the following regulations must be considered:
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Jurisdiction: England
Commencement:1st October 2020, except for regulation 4(3) and 4(4). Regulation4(3) and 4(4) come into force 3rd July 2021
The Environmental Protection (Plastic Straws, Cotton Buds and Stirrers) (England) Regulations 2020 list all the offences relating to the sale of single-use plastic straws, cotton buds and stirrers, as well as the specific exemptions to these offences for businesses.
The purpose of these Regulations is to restrict the supply of single-use plastic straws, single-use plastic stemmed cotton buds and plastic drink stirrers, to prevent pollution of the environment or harm to the health of humans and animals. It also serves to promote transition to a circular economy*.
*A circular economy is a model of production and consumption that involves sharing, leasing, reusing, repairing, refurbishing and recycling existing materials and products for as long as possible.
The Regulations apply to single-use plastic straws, single-use plastic stemmed cotton buds and plastic drink stirrers. They apply to businesses and organisations which supply or offer to supply these products to end users.
The Regulations extend to England and Wales and are put in place to meet the requirements of Directive (EU) 2019/904 on the reduction of the impact of certain plastic products on the environment (“Single-Use Products Directive”).
Following the 1st October 2023, the Secretary of State must carry out a review of the operation of enforcement and the Schedule to these Regulations, to decide if objectives have been met efficiently and effectively.
The following actions constitute an offence (punishable by a fine):
Exemptions to these offences are explained below.
Affected businesses and organisations may not supply or offer to supply a single-use plastic straw to an end user unless the following exemptions apply.
Exemptions: retail pharmacy businesses
The supply of single-use plastic straws may be permitted by a retail pharmacy at a registered pharmacy. In this case single-use plastic straws must not be advertised to customers by the retail pharmacy business and must not be kept in a place where they are visible to customers, or where customers can access them. They must not be offered or provided to a customer unless the customer has requested them. A registered pharmacy may also supply single-use plastic straws on an online platform that the registered pharmacy use to sell products online.
Exemptions: supply of existing stock
The supply of single-use plastic straws may be permitted if:
Exemptions: catering establishments
A catering establishment* may supply single-use plastic straws with food or drink for immediate consumption. The single-use plastic straws must not be visible or accessible to customers and must not be offered or provided to a customer unless requested.
*Catering establishment means a restaurant, canteen, club, public house or similar establishment (including a vehicle or a fixed or mobile stall) which supplies food or drink, ready for consumption without further preparation.
Exemption: relevant devices and medical purposes
The supply of single-use plastic straws may be permitted in the supply of a product:
Exemption: packaging
The supply of single-use plastic straws may be permitted if the item supplied is packaging*.
*Packaging is a product made of any materials of any nature used for the containment, protection, handling, delivery and presentation of goods.
Exemption: other establishments
The supply of single-use plastic straws may be permitted in:
Affected businesses and organisations may not supply or offer to supply a drink product with an attached plastic straw* to an end user unless the following exemptions apply.
*Attached plastic straw means a single-use plastic straw which is attached to the packaging of a drink product and is intended to be used to consume that drink.
Exemptions: relevant devices and medical purposes
The supply of single-use attached plastic straws may be permitted if:
These Regulations make it an offence (punishable by a fine) in the course of a business, to supply or offer to supply a single-use plastic stemmed cotton bud to an end user.
Exemption: relevant devices and medical purposes
The supply of single-use plastic stemmed cotton buds may be permitted if:
Exemption: forensic purposes
The supply of single-use plastic stemmed cotton buds may be permitted if they are supplied to a forensic service provider (any person that carries out laboratory activities at the request of competent law enforcement authorities).
Exemption: scientific purposes
The supply of single-use plastic stemmed cotton buds may be permitted if they are supplied for scientific purposes (diagnostic, educational or research purposes).
Exemptions: supply of existing stock
The supply of single-use plastic stemmed cotton buds may be permitted if:
No one is permitted to supply, or offer to supply a plastic drink stirrer unless the following exemptions apply.
Exemptions: supply of existing stock
The supply of plastic drink stirrer may be permitted if:
Any person contravening restrictions in these Regulations will be liable to receive any of the following forms of civil sanctions:
If a regulator deems necessary, it may authorise (in writing) for an enforcement officer to exercise any of the powers below in order to determine whether:
Powers of entry and examination
The powers which an enforcement officer may be authorised to exercise are:
Entrance to a premises can be gained under the authority of a warrant where an enforcement officer proposes to enter that premises and entry has been refused, or where there are reasonable grounds to suspect that entry will be refused.
An enforcement officer seeking to exercise a power mentioned above, is required to produce evidence of their identify and authority when requested by:
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Jurisdiction: UK
Commencement: 26th May 2020
Amends: The Vehicle Drivers (Certificates of Professional Competence) Regulations 2007
The Vehicle Drivers (Certificates of Professional Competence) Regulations 2007 implement requirements for drivers of HGVs and buses or coaches to pass a Certificate of Professional Competence (CPC). Note that this is separate and additional to the requirement to hold the correct category of driver’s licence.
Various amendments are made to the 2007 Regulations.
The following are added to the list of vehicles which are exempt from the requirement for drivers to hold an initial CPC (n.b. in all cases the requirements and associated exemptions only apply in relation to ‘relevant’ vehicles – see main text above):
The 2007 Regulations are also amended to provide for reciprocal recognition of the Swiss CPC and of associated periodic CPC training completed in Switzerland i.e.CPC and associated periodic training completed in Switzerland are recognised in the UK. A driver carrying evidence of these is not also required to hold UK documentation.
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The Compliance People Consultant, Dave Almond provides an update on Modern Slavery following the recent announcement from the UK government. A separate article on modern slavery earlier this year from Dave assessed the potential changes for businesses in the future.
In September 2020, Safeguarding Minister, Victoria Atkins, announced powerful new measures to strengthen the landmark Modern Slavery Act 2015 and ensure that large businesses and public bodies tackle modern slavery risks in supply chains. In its response to a consultation on clarity in supply chains, the UK government proposed new measures to hold businesses and public bodies to account in tackling modern slavery in the UK. There are a number of significant changes likely to impact across business sectors and supply chains.
Commercial organisations which turnover £36 million per year are already required under Section 54 of the Modern Slavery Act 2015 to prepare a “slavery and human trafficking statement”. The big change is that these will now be joined by public bodies exceeding a £36 million budget threshold. This will mean public sector modern slavery statements will have to be signed off by the accounting officer, chief executive or equivalent role, and approved by the senior management body.
The current system has faced criticism as organisations could effectively put out a statement which contained no evidence that anything was being done to examine the risks of modern slavery in that organisation and/or what steps they were taking to control the risks.
To improve clarity and enable scrutiny, the government has announced changes which mean it will be mandatory to include information on:
Bodies will in future have to publish their modern slavery statements annually on a new digital government reporting service by 30th September each year. Legislation will also include the requirement to include the date when the Board approval and director sign off occurred, together with the business entities included. The government also announced that a single enforcement body is to be developed, and there will be civil penalties for non-compliance.
While many of these measures will need changes in the law (and at this point all the government is saying is that the Home Office intends to introduce this when parliamentary time allows), the government will to provide guidance on how organisations can prepare for the new reporting requirements. This includes publishing updated transparency in supply chains guidance.
The Home Office is also developing a new government-run reporting service which, once launched, all organisations will be encouraged to publish their statements on before the law changes and it becomes mandatory.
While many organisations and businesses will fall below the reporting threshold, there is likely to be increased scrutiny on suppliers in future, so now is definitely a good time for you to start assessing the risks associated with modern slavery in your own business. Our consultants can help if you need support on this topic.
The Compliance People Consultant, Esther Morrissey, outlines how the Consultants continue to provide legal and management systems compliance support throughout the Coronavirus (Covid-19) pandemic.
The Coronavirus pandemic has required most businesses to adapt and find more flexible ways of working. The Compliance People are no exception. In order to minimise risks and remain fully compliant with Government guidance, we have adapted our services to enable us to deliver all of our services either remotely, or on site (with proper precautions in place), or a hybrid of the two.
Over the past months our consultants have continued to successfully deliver high quality audits and other consultancy services. Below are the options we can currently offer:
Remote working: by making use of video conferencing, we can offer the majority of our services remotely. In addition to being ‘Covid-secure’, remote working offers a number of other advantages such as greater flexibility in time, and reduced cost for our clients for travel and accommodation.
On-site working: we understand that sometimes you still need us to come to site. We are therefore continuing to visit sites to deliver our services where we are able to, subject to government guidance and suitable ‘Covid-secure’ measures being in place.
Hybrid working: we are also able to deliver a hybrid service where we travel to site to carry out a site inspection/ audit, but then travel home and conduct the subsequent meetings/ work remotely. This has the advantage that we see the site in person, but then conduct the riskier part of the work (i.e. long face to face meetings) in a fully ‘Covid-secure’ manner.
In preparation, we’ll provide a detailed list of records and documentary evidence that we’ll need to review, based on a preliminary questionnaire and video conference call. We’ll ask where possible that you take photos, or better yet, a video walk-about so that we can get a visual idea of the operations and activities at the site.
Video conference calls will be conducted with relevant personnel, scheduled in whatever way suits you best, to evaluate compliance against all the relevant legislation contained within the legal register.
At the end of the audit, we’ll hold a close out video conference meeting to provide an overview of our audit findings. We will then record our findings from the compliance audit into the legal register against each piece of relevant legislation, including any required compliance actions and a visual representation of your compliance status using the traffic light functionality of the Legislation Update Service.
We now routinely and successfully conduct remote audits and have received some great feedback from our clients:
“The remote legal compliance audit, conducted following a brief site tour, was efficient and thorough. I was impressed by the depth of knowledge of The Compliance People and the best practice advice provided to us.”
Ritherdon
“After years of legal and aspects audits provided by The Compliance People on site, I wasn’t quite sure how well it could be completed remotely. We used Teams to conduct the audit and aspects review. The consultant was friendly, professional and extremely efficient. I wouldn’t hesitate to complete further audits remotely.”
Vita Comfort Middleton
We have also been able to adapt our services to continue to deliver quality consultancy support with:
More information on the support we are able to offer can be found here.
It has been five years since the environmental management systems Standard ISO 14001 was last revised; The Compliance People Consultant Hannah Williams takes a look at the review process it is currently going through.
ISO 14001:2015 specifies the requirements for an environmental management system that organisations can use to enhance their environmental performance. The first edition of the standard was published back in 1996 and has since gone on to become one of the most popular and successful management system Standards. Hundreds of thousands of organisations across the world operate an environmental management system certified to ISO 14001:2015.
The second edition of ISO 14001 came in 2004, with the current third edition being published on 15th September 2015. The 2015 update incorporated a number of new concepts and requirements such as organisational context, more emphasis on leadership, and consideration of life cycle perspective.
As we pass the 5th anniversary of ISO 14001:2015, are there any potential changes on the horizon?
All Standards are reviewed at least every 5 years after publication through the ‘systematic review process’ to ensure that they remain up-to-date and globally relevant. Through this process, national standards bodies review the document and its use in their country; in the UK this is BSI. The review is done in consultation with stakeholders and decides whether the Standard is still valid, should be updated or withdrawn. ISO 14001:2015 is currently going through this systematic review process.
Systematic reviews are administered electronically by ISO (International Organization for Standardization) and all national standards bodies are invited to respond. They have 20 weeks to consult their national stakeholders in order to assess the use and up-to-dateness of the Standard. A vote is submitted by the national standards body and the results are made available to the committee responsible for developing the Standard. The committee will review these votes from all national standards bodies and then decide what action they wish to take.
There are three potential outcomes following this review process:
When the review outcome shows that a Standard is used internationally and that no technical changes are needed, the Standard can be confirmed. This will be visible in the ISO catalogue and marked with the following: “This standard was reviewed and confirmed in YEAR.”
When the review shows that a Standard is used but technical changes are needed, it is proposed for revision or amendment. This could be in the form of a ‘minor revision’, e.g. editorial changes that do not impact the technical content. Otherwise, the revision / amendment is proposed and the steps followed are the same as those for preparation of a new Standard.
A Standard could be withdrawn because:
Due to ISO 14001’s widespread popularity and the fact that it was updated in 2015 it is very unlikely to be withdrawn following the systematic review.
It is possible it could be amended or revised; however, it’s more likely at this stage that ISO 14001:2015 will be confirmed without change and organisations that are certified, or are working towards certification, can continue to improve their environmental performance without any alterations to the Standard.
Whatever the outcome, we’ll keep you informed via our newsletter and remember, if you need any help with your environmental management system, why not take a look at the different support our consultancy team can offer.
The Compliance People Consultant, Mick Baah, looks at the new NHS COVID-19 contact tracing mobile app and what it means for employers.
Contact tracing is a tried and tested method for controlling the transmission and spread of disease. This process helps build a picture of onward exposure which, until an effective vaccine is available, is crucial in the ongoing fight against Coronavirus.
A form of low energy Bluetooth is used to identify phones nearby (these are referred to as encounters). The app utilises Bluetooth signal strength between different devices to estimate the distance between people. When someone tests positive for COVID-19 the system can send out alerts to people they have had encounters with. These alerts tell people that they should self-isolate.
The app is designed for smartphone use only and not a laptop, PC or smartwatch and is free to download.
During these times, workplaces are required to keep a log of employees, visitors or contractors who visit their premises.
In England, certain venues must display an official NHS QR code poster by law at their entrance, or at the point of service. These venues should also have a customer log where you can record your details if you don’t have the app or don’t want to use the app. Venues that are not required by law to display an NHS QR code poster might still choose to do so as part of the effort to fight Coronavirus. In office–based settings, QR code posters are only likely to be needed where there is a high number of external visitors or where workers cannot easily be identified or notified (for example by email) if there was a potential outbreak linked to the site. Workplace canteens and cafes must have an NHS QR code poster.
In Wales, all businesses and organisations are encouraged to display the official QR code posters. If there is no poster on display, you should still register your contact details with the venue so that they can get in touch with you if they need to.
In Scotland and Northern Ireland, they have their own versions of the app, Protect Scotland and StopCOVID NI respectively. The requirement for businesses based in these locations to display a QR code is not as firm, but the requirement to keep a log of persons who visit the premises remains.
The app is designed to work best on a compatible device that will be with the individual most, if not all, of the time. It is now commonplace for many employees to have a mobile phone provided by their employer; however, if this device is not likely to be with the individual for large periods of the day (i.e. in a locker or left on a desk), the benefit of installing the app will be lost. The counter argument for this is that for those individuals who are likely to be carrying their work phones for large parts of the day (i.e. service engineers, sales employers) allied with potential high-risk encounters, the benefits of downloading the app onto a work issued smartphone are significant.
It must be highlighted that participation with the NHS COVID-19 app is a voluntary requirement only. For an employer to attempt to implement that as an employee requirement through the company’s risk management strategy would bring considerable challenges, for example making sure the app is used by employees and being able to measure its effectiveness. The staple control approach of wash hands, cover face and make space will still have to be implemented as a minimum.
In summary, the current evidence suggests the jury is still out on as whether the app has been successful due to the limited time it has been in place. However, it is actively encouraged for employers to promote the benefits of the app and encourage their workforce to download and utilise the app on their personal mobile devices. This could further strengthen the management of Coronavirus within the workplace and potentially further manage the risk.
If you require any assistance with managing Coronavirus within your workplace, The Compliance People’s consultancy team are here to help. Get in touch at [email protected] to find out more.
The Compliance People Consultant, Hannah Williams, outlines what environmental aspects and impacts are for the purposes of ISO 14001:2015.
If your organisation is certified, or is aiming to become certified, to ISO 14001:2015 (‘the Standard’) you will have heard the terms ‘environmental aspect’ and ‘environmental impact’. But what do they mean?
The Standard defines an environmental aspect as the following:
‘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 you your activities and services that can affect the environment in some way, either positively or negatively, for example:
All of these things will have an 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.
Typically, all aspects sit under one of the following categories:
It is important when identifying aspects that you consider all activities within the scope of your environmental management system; keeping these categories in mind during this process can help ensure nothing is missed.
The Standard asks you to identify the environmental impacts associated with your aspects. It defines impacts as:
‘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.
Examples of environmental impacts include:
You can see from this list that impacts can be either positive or negative and an aspect can have more than one impact. For instance, use of electricity can lead to air pollution, global warming, climate change, and loss of biodiversity.
Luckily, the environmental aspects tool that comes as part of a subscription to our Legislation Update Service provides you with a handy list of potential environmental impacts for you to pick from when you’re recording your aspects within the tool.
For more information on what exactly an environmental aspects register is and why your organisation needs one, be sure to check out our bitesize webinar.
All our profits are donated to our charity, Newground Together, and we like to share how this money is changing the environment and communities around us.
The latest update comes from St Luke and St Philip’s Primary School in Blackburn where Newground Together has transformed some wild space into a nature garden, providing a safe outdoor space for learning and play.
Newground’s landscape architecture team redesigned the overgrown space within the school grounds including removing understorey to boost biodiversity and creating a new bark mulch path leading to a seating area for outdoor learning and storytelling. The physical work is complemented by bespoke outdoor learning training delivered to teachers by Newground’s environmental education team.
It is hoped that the conservation, improvement and protection of the green space will benefit the local community as well as the pupils, including children from surrounding schools, local nurseries, residents’ groups and church groups.
Samantha O’Connell, Headteacher at St Luke and St Philip’s Primary School, said: “We hope the new nature space will enable us to work with parents to help them understand the importance of outdoor play and physical activity for the emotional wellbeing of their children.
“By improving this vital space, we hope to encourage our children to engage in imaginative and physical play to enrich their learning. This will have a direct impact on their ability to fulfil their potential by raising expectations and broadening life skills. Our children will be more confident, have better communication skills and be better able to express themselves.”
Mick Smith, Managing Director of Newground, added: “If the global pandemic and subsequent lockdown has taught us anything it is how important safe and accessible green spaces are.
“Taking children outside of the classroom removes the pressures of academia, allowing children who struggle in the classroom an opportunity to play to their strengths and learn at their own pace.
“Connecting children with the outdoors can also build a sense of appreciation of how the natural environment can impact on our lives. Through activities such as building a bug hotel, children can help improve habitats for wildlife.”
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