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Jurisdiction: UK
Commencement: 22 July 2020
Amends:
This Act has been brought into force to support economic recovery and growth following the disruption caused by COVID-19. It makes temporary and permanent changes to the licencing and planning regimes in the UK.
This entry gives a high-level overview of the changes made with a focus on environmental and health & safety matters. It does not place any direct compliance duties on organisations.
Part 1 of the Act deals with ‘pavement licences’ which can be applied for by businesses selling food and drink from the local authority for the placement of furniture, such as tables and chairs, on the pavement outside their premises. Alcohol licensing changes are made to allow relevant businesses to serve alcohol for consumption off the premises.
Test certificates and driving licences
Part 2 of the Act amends the Road Traffic Act 1988 in relation to certificates of temporary exemption to goods vehicles and public service vehicles. A test certificate issued within the past year is usually required to drive a heavy vehicle. Certificates of temporary exemption have been issued to all heavy vehicles that were due to be tested from late March onwards following disruption to the testing regime caused by COVID-19.
In order to avoid excessive test demand in the coming months, powers are expanded for the Driver and Vehicle Standards Agency (DVSA) to issue certificates of temporary exemption to safer vehicles to ensure capacity within the testing regime is maintained for higher risk vehicles.
Under the Road Traffic Act 1988, drivers that are 45 years or older applying for a first licence or renewing a lorry or bus licence have to provide a medical report. Due to pressures on the NHS, doctors have been unable to meet the demand for completing these reports. A scheme to issue 1-year licences without a medical report was implemented on 5th May 2020 and this Act makes the legal changes required to the 1988 Act to make the scheme enforceable.
Part 3 of this Act amends the Town and Country Planning Act 1990 (‘the 1990 Act’) to reduce planning restrictions on construction site working hours to temporarily allow extended working hours. This is in order to allow developments which have been delayed due to COVID-19 to proceed at an increased pace if required.
A new section is added into the 1990 Act to allow a modification to the restrictions of working hours to be applied for in writing electronically. This can be either to extend the permitted hours or to allow construction activity to take place on a day that it is not currently permitted. This extension can only be until 1st April 2021. If an authority does not give its decision within 14 days (beginning with the day after that on which the application is sent to the authority) then the condition is deemed to be modified as set out in the application and can be implemented.
In addition, the expiration of certain un–implemented planning permissions are automatically extended to enable planned developments to be commenced over the next year. The new section 93A added into the 1990 Act modifies any condition where the time limit for the start of development is due to expire before 31st December 2020. The new time limit is extended to 1st May 2021. This again is due to delays experienced within the construction sector because of the COVID-19 pandemic.
Un–implemented planning permissions with time limits for implementation which passed between 23rd March 2020 and 19th August 2020 are also restored and the time limit extended to 1st May 2021, subject to ‘additional environmental approval’ being granted. An application for additional environmental approval must be made in writing and submitted electronically to the local planning authority by a person with an interest in the relevant land.
In the application for additional environmental approval, details of the following have to be provided:
Further information will be required if the original planning permission was subject to an EIA and/or a Habitats Regulation Assessment including the original assessment(s) or screening(s) and a summary of the key findings. Additional environmental approval can be applied for up until 31st December 2020.
Part 3 of this Act also amends the Planning (Listed Buildings and Conservation Areas) Act 1990. The expiration of certain un–implemented listed building consents are automatically extended to enable planned works to start over the next year. The new section 18A added into the Planning (Listed Buildings and Conservation Areas) Act 1990 modifies any condition where the time limit for the start of development is due to expire before 31st December 2020. The new time limit is extended to 1st May 2021.
The powers for local planning authorities in England are updated to determine which planning procedure (written representations, a hearing or a local inquiry) should be adopted in certain proceedings to enable flexibility to deal with cases quickly and efficiently during the COVID-19 pandemic.
The requirements for the Mayor of London to make the current Spatial Development Strategy (SDS) available for physical inspection and to provide hard copies on request are temporarily removed through an amendment to the Greater London Authority Act 1999.
Part 3 of this Act amends the Town and Country Planning Act 1990 (‘the 19901 Act’) to reduce planning restrictions on construction site working hours to temporarily allow extended working hours. This is in order to allow developments which have been delayed due to COVID-19 to proceed at an increased pace if required.
A new section is added into the 1990 Act to allow a modification to the restrictions of working hours to be applied for in writing electronically. This can be either to extend the permitted hours or to allow construction activity to take place on a day that it is not currently permitted. This extension can only be until 1st April 2021. If an authority does not give its decision within 14 days (beginning with the day after that on which the application is sent to the authority) then the condition is deemed to be modified as set out in the application and can be implemented.
In addition, the expiration of certain un–implemented planning permissions are automatically extended to enable planned developments to be commenced over the next year. The new section 93A added into the 1990 Act modifies any condition where the time limit for the start of development is due to expire before 31st December 2020. The new time limit is extended to 1st May 2021. This again is due to delays experienced within the construction sector because of the COVID-19 pandemic.
Un–implemented planning permissions with time limits for implementation which passed between 23rd March 2020 and 19th August 2020 are also restored and the time limit extended to 1st May 2021, subject to ‘additional environmental approval’ being granted. An application for additional environmental approval must be made in writing and submitted electronically to the local planning authority by a person with an interest in the relevant land.
In the application for additional environmental approval, details of the following have to be provided:
Further information will be required if the original planning permission was subject to an EIA and / or a HRA, including the original assessment(s) or screening(s) and a summary of the key findings. Additional environmental approval can be applied for up until 31st December 2020.
Another change made is the powers for local planning authorities in England are updated to determine which planning procedure (written representations, a hearing or a local inquiry) should be adopted in certain proceedings to enable flexibility to deal with cases quickly and efficiently during the COVID-19 pandemic.
Part 3 of this Act amends the Planning (Listed Buildings and Conservation Areas) Act 1990 (‘the 1990 Act’). The expiration of certain unimplemented listed building consents are automatically extended to enable planned works to start over the next year. The new section 18A added into the 1990 Act modifies any condition where the time limit for the start of development is due to expire before 31st December 2020. The new time limit is extended to 1st May 2021. This is due to delays experienced within the construction sector because of the COVID-19 pandemic.
The powers for local planning authorities in England are updated to determine which planning procedure (written representations, a hearing or a local inquiry) should be adopted in certain proceedings to enable flexibility to deal with cases quickly and efficiently during the COVID-19 pandemic.
Part 3 of this Act amends the Planning (Hazardous Substances) Act 1990 to change the powers for local planning authorities in England to determine which planning procedure (written representations, a hearing or a local inquiry) should be adopted in certain proceedings to enable flexibility to deal with cases quickly and efficiently during the COVID-19 pandemic. There are no changes to any duties for organisations.
The requirements for the Mayor of London to make the current Spatial Development Strategy (SDS) available for physical inspection and to provide hard copies on request are temporarily removed due to the current COVID-19 pandemic. There are no changes to any duties for organisations.
Part 2 of this Act amends the Road Traffic Act 1988 in relation to certificates of temporary exemption to goods vehicles and public service vehicles. A test certificate issued within the past year is usually required to drive a heavy vehicle. Certificates of temporary exemption have been issued to all heavy vehicles that were due to be tested from late March onwards following disruption to the testing regime caused by COVID-19.
In order to avoid excessive test demand in the coming months, powers are expanded for the Driver and Vehicle Standards Agency (DVSA) to issue certificates of temporary exemption to safer vehicles to ensure capacity within the testing regime is maintained for higher risk vehicles.
Under the Road Traffic Act 1988, drivers that are 45 years or older applying for a first licence or renewing a lorry or bus licence have to provide a medical report. Due to pressures on the NHS, doctors have been unable to meet the demand for completing these reports. A scheme to issue 1-year licences without a medical report was implemented on 5th May 2020 and this Act makes the legal changes required to the 1988 Act to make the scheme enforceable.
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Jurisdiction: UK
Commencement: 16 July 2020
Amends: The Environmental Assessment of Plans and Programmes Regulations 2004
The Environmental Assessment of Plans and Programmes Regulations 2004 implement the Strategic Environmental Assessment (SEA) Directive 2001/42/EC of the European Parliament and Council on the assessment of the effects of certain plans and programmes on the environment. The main objective of the Directive is to promote sustainable development.
New temporary modifications are inserted into The Environmental Assessment of Plans and Programmes Regulations 2004. Such modifications are needed due to the restrictions on movement imposed by Coronavirus (COVID-19).
The temporary modifications remove the requirement on the Secretary of State (SoS) or responsible authorities* to make the necessary environmental assessment report** and associated documents available for public inspection at their principal office. Instead, these documents are to be made available for inspection through a website provided by the SoS or responsible authority. The public or other consultees (including those from other EU countries) must be notified when documents are made available for inspection online.
*The responsible authority is the authority (e.g. local planning authority) that prepared or had the plan or programme prepared on their behalf. Plans and programmes set the framework for future development projects and include those co-financed by the European Community, as well as modifications subject to preparation by an authority at a national, regional or local level.
**An environmental assessment report must describe and evaluate the likely significant effects on the environment as a result of the implementation of the plan or programme. Any reasonable alternative measures of the objectives and geographical scope must also be considered.
The temporary modifications remove the requirement for the responsible authorities or the SoS to notify the public or other consultees who may be interested in the consultation that a copy of the documents may be obtained from a physical address.
Without these amendments, the responsible authorities and the SoS would be unable to comply with their duties concerning the display and inspection of the relevant documents.
These temporary modifications apply from 16th July 2020 until 31st December 2020. There are no changes in duties for organisations.
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Jurisdiction: England
Commencement: 15 June 2020
These Regulations 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).
These Regulations provide powers to police services and transport operators to deny a person access to a public transport service if they are not wearing a face covering, or to direct them to leave a public transport service if they do not wear a face covering when asked to do so.
A face covering is a covering of any type which covers a person’s nose and mouth (e.g. a mask, scarf, bandana etc.).
These Regulations expire on 15th June 2021.
Under these Regulations, a person using public transport services (i.e. buses, trains, trams, aircraft, water taxis) is required to wear a face covering at all times, except where a reasonable excuse is given.
Reasonable excuse to not wear a face covering
A person may not remove face coverings, except in the following circumstances:
The requirement to wear a face covering whilst on public transport does not apply to the following individuals:
An adult (i.e. aged 18 years or above) may be issued with a fixed penalty notice of £100 for failing to wear a face covering. If paid within 14 days, the penalty is reduced to £50.
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The Compliance People Consultant Dave Almond looks at steps the HSE is taking to assist businesses during the Covid-19 pandemic.
The UK Health and Safety Executive (HSE) has been taking a number of steps to support businesses and government during the current crisis.
It has also been supporting the efforts of the NHS, putting together a specialist team to ensure PPE being sourced is of the right quality.
The HSE has provided an update on the fit testing of face masks to avoid transmission during the Coronavirus outbreak. This relates to tight fitting respirators, such as disposable FFP3 masks and reusable half masks which require correct fitting so there is a good seal around the user’s face.
A useful video on how to put on respirators and fit them during the health crisis has been shared online by the HSE.
The HSE has also moved to relax some health and safety rules and provided industry guidance on staying legally compliant, as discussed below:
While proactive inspections have been put on hold during the crisis to comply with government advice, the HSE has stated that it will respond to serious issues which arise.
It has also added that where the HSE identifies employers who are not taking action to comply with the relevant PPE guidance to control public health risks (e.g. not taking appropriate action to socially distance or ensure workers in the shielded category can follow the NHS advice to self-isolate for the period specified), it will consider taking a range of actions to improve control of workplace risks; adding that this includes providing specific advice to employers through to the issue of enforcement notices.
As the situation with Coronavirus (COVID-19) continues to unfold it is likely that we will see further changes to the way businesses operate and are regulated.
Look out for future blog posts where The Compliance People will keep you up to date with what is happening, and what this means for you and your business.
The Compliance People Consultant Kerry Hammick looks how waste PPE should be classified using the European Waste Catalogue (EWC) codes during Coronavirus (COVID-19)
The Coronavirus (COVID-19) pandemic has brought the topic of PPE to the fore; stories about PPE shortages, distribution issues, and safety standards have dominated the media headlines. We have seen unprecedented volumes of PPE being used and disposed of up and down the UK, and yet the question of how it should be correctly disposed of is less clear. To help clarify this matter, the Environment Agency (EA) has outlined its principles on how to code waste PPE generated from various settings.
The European Waste Catalogue (EWC) is a list of waste types, established by European Commission Decision 2000/532/EC which categorises wastes based on a combination of what the waste comprises of, and the process or activity that produces it. It is a standardised way of describing waste whereby individual waste types are assigned a six-digit code from one of the 20 waste chapters that make up the Catalogue. With the EWC, it must be remembered that the code given should always be based on the process that gave arising to the waste, for example, Chapter 18 of the EWC is purely for wastes generated from healthcare facilities / professionals. This is useful to bear in mind when coding PPE waste.
PPE such as general everyday masks and gloves that are not being used in a medical setting and are being separated out from the normal mixed waste stream with the intention of being collected separately should be classified as Chapter 15 waste, EWC code 15-02-03. It does not need to be classified as infectious or hazardous waste.
If the PPE waste is being disposed of in the ‘normal’ waste stream (which given the current circumstances, and the potential increase in this waste, is deemed as reasonable by the EA) then it would be disposed of as normal mixed waste coded under the relevant Chapter 20 code, EWC code 20-03-01. A specific waste code for the PPE contained within the waste stream is not required in this instance.
PPE would only be considered as infectious waste if it came from people who are confirmed positive with Coronavirus (COVID-19), who are showing symptoms (as a worst-case scenario), or has been used in a setting specifically dealing with Coronavirus (COVID-19) patients. In these instances, the waste PPE would be classified as infectious clinical waste within Chapter 18, EWC code 18-01-03. Public Health England has set out guidance on storing and disposing of such waste.
As the situation with Coronavirus (COVID-19) continues to unfold it is likely that there will be many more questions to address and changes to the way businesses operate. Look out for future blog posts where The Compliance People will keep you up to date with what is happening, and what this means for you and your business.
If you have any further questions regarding how to classify and code waste, please get in touch.
Jurisdiction: Northern Ireland
Commencement: 24 April 2020
Amends: The Health Protection (Coronavirus, Restrictions) Regulations (Northern Ireland) 2020
These Regulations make minor changes and clarifications to the Health Protection (Coronavirus, Restrictions) Regulations (Northern Ireland) 2020. They enable burial grounds to remain open, provided that social distancing measures are implemented. Rules concerning travelling to a place to take exercise are clarified.
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Jurisdiction: Northern Ireland
Commencement: 24 April 2020
Amends: The Working Time Regulations (Northern Ireland) 2016 (SR 2016/49)
The provisions concerning annual leave are amended. A worker who is unable to take some of their statutory leave entitlement due to the effects of Coronavirus (whether the effects are on the worker, the employer, or wider society) can carry over their missed leave into the following two leave years.
If leave is carried forward as a result of Coronavirus, and the worker’s employment is then terminated, the employer must pay the worker in lieu of the missed leave.
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Jurisdiction: Wales
Commencement: 25 April 2020
Amends: The Health Protection (Coronavirus Restrictions) (Wales) Regulations 2020 (SI 2020/353 (W. 80))
The Health Protection (Coronavirus Restrictions) (Wales) Regulations 2020 (SI 2020/353 (W. 80)) list various types of businesses and organisations which are required to close to prevent the spread of Coronavirus, and those which are not required to close. The Regulations also define the restrictions which apply to individuals.
The Regulations make minor clarifications in relation to the Welsh Ministers’ powers to enable them to terminate particular restrictions as they apply to particular classes of businesses, people or areas within Wales (i.e. allowing the ‘lockdown’ to be lifted gradually in different areas or in relation to different classes of people or business).
A number of other clarifications are made including as follows:
Some enforcement powers are clarified, including provision that reasonable force may be used to enforce the requirements under the Regulations.
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In response to the extraordinary challenges posed to businesses as a result of the Coronavirus (COVID-19) pandemic, the Northern Ireland Environment Agency (NIEA) has issued a useful COVID-19 landing page which provides information on its regulatory response to Coronavirus (COVID-19) and related questions, answers and information for business.
It makes it clear that it will not be relaxing environmental regulations during the pandemic and expects that “every reasonable effort is made to comply with environmental legislation and authorisations in place”. Unlike other environmental regulators in the UK, it has not issued any statements that it will be reducing its regulatory compliance inspections or compliance assessment measures.
The NIEA recognises that there may be disruption to businesses, and in particular waste management services, throughout the Coronavirus (COVID-19) crisis, and has produced temporary COVID-19 Regulatory Position Statements (RPSs) to help during this period. The RPSs have been produced with the expectation that businesses will ensure that any impacts on the environment are minimised.
The RPSs are documents which set out circumstances in which NIEA will not normally take enforcement action for a regulatory non-compliance in a specific situation so long as the conditions of the RPS are met. Each of the temporary RPSs sets out when they apply and the strict conditions which businesses must comply with if they are to be used. They do not exempt businesses from other regulatory and legal requirements.
This applies to anyone who produces, handles, carries or disposes of hazardous waste in Northern Ireland. In normal circumstances, hazardous waste consignment notes (HWCNS) are available for purchase from the NIEA.
Hazardous waste consignment notes: At this time paper consignment notes will not be sold, and businesses should print their own versions. A template for use is available upon request through email from [email protected].
Hazardous waste consignment codes/numbers: The requirement to purchase a unique consignment note code/number for each consignment of hazardous waste remains. This should also be done through emailing [email protected] and requesting numbers rather than consignment notes.
Signing HWCNs: The RPS removes the requirement to sign the note if any party chooses not to in order to avoid the risk of contamination and maintain social distancing. If this is the case, then ‘COVID-19’ and the name of the receiver should be written on the note by the waste holder.
Collection dates: In normal circumstances, hazardous waste must be collected within one month of notifying the NIEA. For the duration of this RPS you will be allowed to collect hazardous waste later than one month after notification. In this case you should write ‘COVID-19’ on the note along with the actual date of collection.
A copy of all completed hazardous waste consignment notes must be sent electronically to the NIEA at [email protected].
This applies to NIEA direct registrant obligated packaging producers.
If you register directly with the NIEA you usually need to submit packaging waste data that is as accurate as reasonably possible, obtain sign-off from a company director or delegated authority, and pay the required registration fee(s) to the NIEA by 7th April each year. Failure to do so would normally result in the NIEA refusing your direct registration application, thus requiring that you join an approved Producer Compliance Scheme (PCS) in order to comply and late data submission fees.
If, however, you are unable to meet these requirements due to issues resulting from the Coronavirus (COVID-19) pandemic, under this RPS you can:
For this RPS to apply you must get written permission from the NIEA Producer Responsibility team. You can contact them by email at [email protected] or by phone on 028 9056 9338.
Both RPSs detailed apply until 30th June 2020 unless the NIEA extend them. It is advised to regularly check the NIEA waste regulations website for any changes to RPSs and their applicability.
As the situation with the Coronavirus (COVID-19) pandemic continues to unfold it is likely that we will see further changes to the way businesses operate and are regulated. Look out for future blog posts where The Compliance People will keep you up to date with what is happening, and what this means for you and your business.
In response to the disruption caused by Coronavirus (COVID-19), the Environment Agency (EA) is having to adapt the way in which it operates and regulates business. With most frontline staff now working from home and only visiting sites that could cause serious environmental harm, normal regulatory requirements have been largely relaxed in an effort to avoid increasing risks to the environment or human health during the current situation.
In an Operational Update released at the beginning of the month, the EA stated that it would greatly reduce its regulatory inspections and only respond to the most serious of pollution incidents.
To help business cope with disruption, it has published several temporary COVID-19 regulatory position statements (COVID-19 RPSs). The COVID-19 RPSs set out how the EA will not seek to enforce certain aspects of the environmental permitting regime in specific circumstances directly related to Coronavirus (COVID-19).
Each of the temporary COVID-19 RPSs sets out when they apply and the conditions which businesses must comply with. They do not exempt businesses from other regulatory and legal requirements, and it is advised to regularly check the EA website for any changes to RPSs and their applicability.
If you intend to use a COVID-19 RPS, you must comply with:
If these conditions are met the EA states that it will not normally take enforcement action against the business operating under the RPS.
This applies to those who use paper waste transfer notes and consignment notes, or an electronic system that requires a digital signature on a handset. Under this RPS you don’t have to sign and hand over paper copies of waste transfer and consignment notes in person or get a digital signature on a handset. This is to allow social distancing measures to be followed.
When you transfer your waste, for each waste transfer and consignment note, you must meet six conditions:
This COVID-19 RPS will be withdrawn on 30 September 2020 unless the EA extend it.
This applies to obligated packaging producers who have been unable to meet the requirements due to Coronavirus (COVID-19).
Obligated packaging producers are usually required to register with the EA directly or through a compliance scheme on or by 7th April each year and provide complete and accurate information on registration. Failure to do so in normal circumstances would lead to potential enforcement action and late submission charges.
However, if you have been unable to register or provide accurate information as a result of the pandemic under this RPS the EA will not take enforcement action or charge an additional fee if you are able to meet the limitations and conditions set out:
This COVID-19 RPS will be withdrawn on 8 July 2020 unless the EA extends it.
This applies to those who receive or dispose of hazardous waste and are required to send quarterly consignee returns under the Hazardous Waste (England and Wales) Regulations 2005 as amended and waste producers who receive consignee returns. Under this RPS, consignee returns due on 30 April 2020 may be submitted after this date if you cannot comply with the reporting deadline due to Coronavirus (COVID-19). For this RPS to apply you must comply with the following conditions:
For waste producers, it is recommended that you reference this RPS and document why any consignee returns have not been received by the 30 April 2020 deadline and retain any communications with your waste contractor relating to this.
All other requirements for hazardous waste will still need to be complied with. You must still consign hazardous waste, and you may still require other permits, licences and registrations for activities that you carry out.
This COVID-19 RPS will expire on 31 July 2020 unless the EA extend it.
As the situation with Coronavirus (COVID-19) continues to unfold it is likely that we will see further changes to the way businesses operate and are regulated. Look out for future blog posts where The Compliance People will keep you up to date with what is happening, and what this means for you and your business.
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