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Jurisdiction: United Kingdom
Commencement: 23rdMay 2024
Amends: New Legislation
In order to support the Net Zero Strategy to deliver Carbon Capture Usage and Storage (“CCUS”) targets, Industrial Carbon Capture Business Models have been introduced. These models will be the main mechanism for supporting low-carbon electricity generation, with the goal being to provide revenue support through a private law contract between an organisation who captures carbon dioxide as an eligible carbon capture entity and a carbon capture counterparty*.
* Carbon capture counterparty means a person designated by the Government to be a counterparty on their behalf for the purpose of carbon capture revenue support contracts.
Eligible entities
A carbon capture entity that is eligible for a carbon capture revenue support contract:
Duties
Various duties apply and are available to view on The Legislation Update Service.
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Jurisdiction: Republic of Ireland
Commencement: 31st May 2024
Amends: Road Traffic Act 2024
The Road Traffic Act 2024 applies to vehicles on public roads.
General requirements for vehicles
Part 2 sets out the general requirements for vehicles including maximum allowable weights, the requirement to weigh certain vehicles, vehicle permits, the requirement to test vehicles, and the powers of the Garda Síochána to examine, inspect and test vehicles.
Driving licences
Part 3 sets out information on the application, granting of and disqualification of driving licences. It also covers certificates of competency.
Speed limits
Part 4 outlines the speed limits that can be applied to public roads.
Offences
Part 5 sets out a series of driving offences. It is an offence to:
Compulsory insurance of mechanically propelled vehicles
Part 6 sets out the obligation for drivers to be insured when driving a vehicle on a public road.
Control and Operation of Public Service Vehicles
Part 7 allows the Minister for Local Government (‘the Minister’) to make regulations concerning the control and operation of public service vehicles*.
*A public service vehicle is any vehicle used to transport a person for reward (i.e. payment).
Regulation of traffic
Part 8 establishes rules for the regulation and control of traffic and pedestrians in public places. This includes traffic signs and the prohibition of traffic from using footways.
Penalties
Part 9 sets out notices and penalties for committing an offence. It also sets limits for continuous driving.
Various duties apply and are available to view on The Legislation Update Service.
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As you may already be aware, 100% of all profits generated by The Compliance People are directly gift-aided to our parent charity, Newground Together.
This month, we spotlight how your support has empowered local women to master digital technology.
Recently, Newground Together has been working closely with The DEEN Centre in Pendle. For over four years, The DEEN Centre has been at the forefront of grassroots efforts, conducting educational workshops to enhance women’s skills. They also collaborate with the Pendle women’s refuge, offering crucial support to women fleeing domestic violence.
The DEEN Centre is dedicated to aiding women who encounter additional challenges as they navigate new stages in their lives. To boost their capabilities, the centre runs workshops focused on digital upskilling.
This is where our charity has stepped in to make a difference. Newground Together is aiding The DEEN Centre, which is dedicated to closing the digital divide. Our charity has been able to provide support to women by enhancing their digital skills, enabling them to access crucial healthcare services, employment opportunities, and become active participants in the digital community.
Furthermore, through their ‘ICT 4 All’ initiative, our charity has helped to secure ICT equipment, furniture, and translated resources.
These efforts are designed to assist up to 25 women in improving their English language skills, thus opening new avenues for their personal and professional growth.
Belle Paterson, Community Development Officer for Newground Together said: “We often support community groups that have great impact in our communities, and we’ve been blown away by The DEEN Centre’s work to deliver such vital workshops. Digital skills are often something we take for granted which is why we have been so eager to work with the group and support them in fulling their ambitions to equip women from all backgrounds with such essential skills.”
A new UK version of EN ISO 45001 was published by the British Standards Institution (BSI) on 31st August 2023. The new BS EN ISO 45001:2023 supersedes BS ISO 45001:2018 which is now withdrawn.
The new version for the UK is identical to BS ISO 45001:2018, as such organisations are not required to buy a copy of the updated version. The certification process remains unchanged with certification bodies certifying against the international version of the standard (ISO 45001:2018). The update was required to transpose the European version of the standard at a national level.
As such the new version of the standard should have no impact on UK organisations who are certified or working towards being certified against ISO 45001. Further detail on the change and the difference between versions of the standard is explained below.
ISO – refers to international standards, issued by the International Organization for Standardization (ISO)
EN – refers to standards that are adopted at European level, for a better integration of national standards.
BS – refers to UK standards, issued by the British Standards Institution (BSI).
ISO 45001 is the globally recognised occupational health and safety standard (OH&S) developed by the International Organization for Standardisation (ISO). The standard specifies requirements for an OH&S management system and provides a framework for risk management and and improved risk management within organisations. The current version the Standard is ISO 45001:2018.
EN ISO 45001:2023 is the European version of the ISO 45001 standard. It was updated in 2023, but the content is identical to ISO 45001:2018.
Following this update, the National Standardisation Bodies in Europe, (including BSI in the UK) were required to transpose this change into national standards by February 2024.
The European Union recently updated its key regulations covering the use of ozone-depleting substances and fluorinated greenhouse gases.
Ozone-depleting substances are gases which damage the ozone layer in the upper atmosphere. F-gases are greenhouse gases that trap heat in the atmosphere and contribute to global warming. Common uses for these gases include air conditioning, refrigeration, aerosols, and solvents.
Due to the environmentally damaging nature of these gases the European Union is continuing to take steps to phase out of their use.
Regulation (EU) 2024/590 on substances that deplete the ozone layer came into force on the 11th March 2024 replacing Regulation (EC) 1005/2009. The new entry on LUS can be found here (subscribers only).
It provides rules on the production, import, export, placing on the market, storage and subsequent supply of ozone-depleting substances, as well as on their use, recovery, recycling, reclamation and destruction.
Current requirements regarding regular leak checks continue to apply.
The thresholds for leak checks are:
The production, import, export, placing on the market and use of any ozone depleting substances is still prohibited with exemptions being found in Chapter 3.
New requirements
By 31st March 2025 and every year thereafter, data listed in Annex VI must be reported by producers, importers, exporters and organisations who destroy substances for each ozone-depleting substance for the previous calendar year. Organisations must also register in a licensing system.
From 1st January 2025, building owners and contractors must ensure that emissions are avoided during renovation, refurbishing or demolition activities that remove foam panels and foam contained in laminated boards that contain an ozone depleting substance.
In the case of recovery of those substances, the recovery must be done by appropriately qualified practitioners.
Regulation (EU) 2024/573 on fluorinated greenhouse gases (the F-gas Regulation) came into force on the 11th March 2024 replacing Regulation (EU) 517/2014. The new entry on LUS can be found here (subscribers only).
Continued requirements apply to ensure that manufacturers and operators of equipment containing F-gases prevent leaks and keep records for 5 years, whilst additional requirements are introduced to reduce the use of F-gases.
Restrictions on the use of non-reclaimed or non-recycled F-gases for the service and maintenance of equipment will be introduced between 1st January 2025 and 1st January 2035, applying to:
The production and importation of hydrofluorocarbons (HFCs) across the Union must be reduced to 15% of average 2011-2013 levels by 2036.
Key dates and duties include:
It is expected that EU nations and Northern Ireland will introduce new national legislation over the coming months and years to support the implementation of the new ozone-depleting substances and F-gas regulations.
There is currently no change to requirements in Great Britain where the assimilated versions of the previous regulations continue to apply.
Jurisdiction: Wales
Commencement: 14th February 2024
Amends: New Legislation
The Welsh Ministers may set long-term emissions targets in respect of pollutants, including;
* PM10 are particles with a diameter of 10 micrometres or less. Such particles are small enough to pass through the throat and nose and enter the lungs.
The Welsh Ministers must set at least one target (a “PM2.5 air quality target”) to reach an annual mean level of PM2.5 * in ambient air in Wales.
* PM 2.5 are particles with a diameter of 2.5 micrometres or less.
Ministers must regularly monitor and review emissions targets to ensure they are on track to be met.
Promoting awareness about air pollution
The Welsh Ministers must take steps to promote awareness in Wales of:
Soundscapes
The Welsh Ministers must prepare and publish a strategy containing their policies regarding the assessment, management and design of soundscapes* in Wales.
This strategy must be reviewed every 5 years.
*A soundscape is the sound environment as perceived or experienced by people.
Various duties apply and are available to view in the Legislation Update Service.
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Jurisdiction: England & Wales
Commencement: 6th April 2024
Amends: The Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) (England and Wales) Regulations 2000
Various duties apply.
Clarification is made to regulations 4 and 5 so that the references to PCBs refer to the volumes of fluid containing PCBs and not the volume of PCBs.
This has been done in order to ensure the correct removal from use of equipment containing over the prescribed threshold of PCBs by the end of 2025.
There are no changes to duties for organisations.
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Jurisdiction: Scotland
Commencement: 1st April 2024
Amends: The Renewables Obligation (Scotland) Order 2009
This Order imposes a Renewables Obligation (RO) on all electricity suppliers that supply electricity in Scotland to supply to a specified amount of electricity that has been generated using renewable sources. Renewable sources include sources of energy such as wind, water, solar and biomass.
If the supplier would rather not generate the renewable electricty itself, it can buy Renewables Obligation Certificates (ROCs) (certificates awarded to generators of renewables electricity for every MWh of electricty they generate) from other suppliers, in effect demonstrating that renewable electricity has been generated on their befalf. Alternatively they can simply make payments to the Gas and Electricity Markets Authority to meet their obligation.
Part One brings together the definitions of waste as a renewable source and biomass.Waste constitutes a renewable source if not more than 90% of it is, or derived from fossil fuels.Biomass waste is a fuel where at least 90% of its energy content is derived from plant matter, animal matter, fungi or algae. The requirements for the use of municipal waste as a fuel have been simplified.
Part Two sets out how the renewables obligation is calculated and how suppliers can meet their obligation. The number of SROCs is established using calculations set out in articles 6 to 10. There are no numbers of obligations for electricity suppliers in Scotland as set out in Article 11.
Part Three sets out what has to be certified in a SROC, including what constitutes supply to a customer, or use under a permitted way. There is a new permitted way which is aimed at removing administrative burdens experienced by generators supplying over an unlicensed private transmission supply network.
Part Four sets out situations where SROCs should not be issued.
Part Five sets out how the amount of electricity attributable to eligible renewable sources is calculated. It is also simpler to claim ROCs for qualifying combined heat and power generation.
Part Six allows for generators of electricity from eligible renewable sources to receive a set number of SROCs for each MWh of electricity they generate. The number of SROCs issued, will depend upon the type of technology that is being used. There is also protection for the level of support for existing technologies which would otherwise be banded. Provisions have also been made, for regular reviews of the banding provisions at four year intervals with the first review occurring in October 2010.
Part Seven sets out the process for the issue or revocation of SROCs.
Part Eight deals with the stewardship of buyout and late payment funds. There are also regulations on how suppliers should pay into funds and how these will be distributed to suppliers.
Part Nine sets out the information required to be provided to the Authority, with new provisions relating to Biomass. It also requires a SROC register to be maintained by the Authority.
Scottish Ministers are now able to revise the renewables obligation for the obligation period beginning on 1st April 2024. A revision may only be made once, and cannot be made after 31st March 2024.
Definitions are revised to reflect these changes.
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Jurisdiction: Republic of Ireland
Commencement: 29th March 2024
Amends: New Legislation
Employers must carry out an assessment of the risks associated with the use of a carcinogen, mutagen, or reprotoxic substance* in the work place, and take steps to control such risks by eliminating or minimising exposure.
Employers must also ensure that employees who are at possible risk of exposure are consulted and provided with information and training on the nature of the hazards and risks of carcinogens, mutagens, or reprotoxic substances.
*Carcinogens, mutagens, or reprotoxic substances are any substances or mixtures that meet the requirements for classification in Annex I of Regulation (EC) 1272/2008 on classification, labelling and packaging of substances and mixtures.
N.B. The Regulations apply to a self-employed person as if they are both the employer and the employee.
Various duties apply and are available to view in the Legislation Update Service.
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Jurisdiction: England, Wales & Scotland
Commencement: 1st April 2024
Amends: Electricity Supplier Obligations (Amendment & Excluded Electricity) Regulations 2015
Various duties apply.
The Secretary of State may refuse to issue, or revoke, an energy intensive industry (EII) certificate where an organisation is insolvent, or is likely to become insolvent.
This update has no direct relevance to environmental matters.
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Stay up-to-date with topical news and legislation from The Compliance People. Selected updates direct to your inbox.
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