Stay up-to-date with topical news and legislation from The Compliance People. Selected updates direct to your inbox.
Natural Resources Wales (NRW) has set out its response to the coronavirus (COVID-19) pandemic, stating it “will continue to help and support regulated operators and individuals to understand and comply with environmental regulations through these challenging times”. With most staff now working from home, regulatory visits will be focussed on priority sites. Compliance will be assessed through phone calls and alternative methods of gathering intelligence.
NRW has issued fewer direct positions on potential non-compliances than other UK regulators; instead stating that it will take a “proportionate and reasonable approach to how it will assess compliance during this public health emergency.”
Businesses and individuals are expected to continue to comply with environmental regulations and their permit conditions. This includes developing contingency plans and putting appropriate measures in place to ensure that all reasonable actions are taken to mitigate potential issues or non-compliances.
If businesses are unable to meet their compliance obligations due to Coronavirus (COVID-19) they are advised to follow these guidelines:
If these guidelines are met, NRW claims it will take a proportionate approach towards enforcement action, and work with businesses to find the best options to protect the environment.
NRW has also issued a limited number of Regulatory Decisions (RDs) which state that in certain circumstances businesses will avoid potential enforcement action for non-compliances that occur as a result of difficulties created by the Coronavirus (COVID-19) pandemic. An RD means that NRW will not normally take enforcement action against you provided:
Each of the temporary RDs 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 the requirements for transfers of non-hazardous and consignment of hazardous waste.
Waste producers and carriers usually need to provide a signature on the documentation recording transfers and consignments. However, if you follow the conditions in this RD, you are able to complete the transfer or consignment without providing signatures.
A waste holder will not be required to sign documentation if the following conditions are met:
This RD remains in place until 30th June 2020 when it will be reviewed.
It is advised to regularly check the NRW website for any changes to RDs and their applicability. NRW is yet to publish all the RDs on its website but will do in the near future.
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 updates where The Compliance People will keep you up to date with what is happening, and what this means for you and your business.
Jurisdiction: England
Commencement: 9th April 2020
Amends: The Town and Country Planning (General Permitted Development) (England) Order 2015
The Town and Country Planning (General Permitted Development) (England) Order 2015 grants planning permission for a range of predominantly minor developments, subject to certain limitations and conditions. This permission is commonly known as ‘permitted development rights.’
A new permitted development right is added to allow local authorities and certain health service bodies in England to carry out certain developments in an emergency* for which a planning permission application is not required. This development right is added as a new section in Schedule 2 of the 2015 Order, which sets out all the developments that do not require planning permission.
The development that is permitted has to be for:
*An emergency is an event or situation which threatens serious damage to human welfare in a place in the United Kingdom.
This has been brought in, in response to the Coronavirus (COVID-19) pandemic.
The Legislation Update Service is the best way to stay up to date automatically with legislation in England, Wales, Scotland, Northern Ireland and the Republic of Ireland.
Sign up for your free trial to get instant access.
Jurisdiction: UK
Commencement: 25th March 2020
Revokes:
The Health Protection (Coronavirus) Regulations 2020 (S.I. 2020/129)
The Health Protection (Coronavirus) (Wales) Regulations 2020 (S.I. 2020/308 (W. 68))
The Coronavirus Act sets out temporary administrative and regulatory changes to a range of sectors and issues including healthcare, schools, social care, food supply, courts and tribunals, local authorities, local elections, ports, pensions and other benefits, etc. The Act does not directly affect management of occupational health, safety and environmental matters, but provisions relating to control of infectious persons may be of interest.
This Act sets out much of the UK Government’s emergency response to the 2020 coronavirus pandemic. The Act makes multiple temporary changes to administrative and regulatory requirements relating to healthcare, schools, social care, food supply, courts and tribunals, local authorities, local elections, ports, pensions and other benefits, etc. The Act does not create duties relevant to management of health, safety and environmental matters. Most of the provisions of the Act are therefore not summarised below.
The Act gives the Secretary of State and the devolved administrations, power to declare that the spread of coronavirus presents a serious and imminent threat, which in turn triggers powers of health officials, police constables and immigration officers to detain potentially infectious people, and power to request information to be provided about an infectious person’s recent contacts. These powers may be of interest to organisations and are therefore summarised below.
‘Transmission control periods’
The Act allows the Secretary of State, Scottish Ministers, Welsh Ministers, or Department of Health (Northern Ireland) to declare (in England, Scotland, Wales and Northern Ireland respectively) that there is a serious and imminent risk arising from coronavirus. The declaration is made by publishing a notice to this effect online and in the London Gazette (England), Edinburgh Gazette (Scotland), a newspaper circulating in Wales (Wales), or the Belfast Gazette (Northern Ireland).
The declaration must be revoked when the serious and imminent threat ceases.
The period during which a serious and imminent threat has been declared is referred to as a ‘transmission control period’.
The Act specifies that the first transmission control period commenced in England on 10th February 2020 and in Wales on 17th March 2020. The Scottish Government published a notice to this effect in the Edinburgh Gazette on 27th March 2020. Regulations in Northern Ireland (The Health Protection (Coronavirus, Restrictions) Regulations (Northern Ireland) 2020) state the coronavirus presents a serious and imminent threat in Northern Ireland.
Power relating to potentially infectious persons
Section 51 and Schedule 21 set out powers of public health officers, police constables and immigration officers in relation to potentially infectious people.
The definition of ‘public health officer’ varies slightly between England, Scotland, Wales and Northern Ireland, but in each case it means a designated public health official.
A ‘potentially infectious person’ is a person who is or may be infected with coronavirus and who may infect others, or a person who has been in an ‘infected area’ within the preceding 14 days. An ‘infected area’ is an area declared by the Secretary of State as having a high incidence of coronavirus infection.
The powers set out include a power to require a person to submit to ‘screening and assessment’. ‘Screening’ means assessing whether the person has been exposed to coronavirus and whether they have become infected. ‘Assessment’ means determining what control measures may be required to mitigate the risk of them infecting others.
A screening and assessment centre, as referred to below is simply any place where screening and assessment are undertaken. Screening and assessment centres are not formally designated as such.
The various powers set out in the sections below can only be exercised if it is in the interests of: the potentially infected person; to protect other people; or to protect public health, in relation to coronavirus.
Before making or revoking a declaration, the relevant Minister must first consult the Chief Medical Officer in the jurisdiction concerned.
Power to require somebody to attend a screening and assessment place
During a transmission control period, a public health officer, police constable or immigration officer can direct a potentially infectious person to attend a screening and assessment centre. A public health officer or immigration officer may request that a police constable takes the person (using reasonable force if necessary) to the centre.
The person exercising the power must inform the potentially infected person why the power is being exercised, and that failure to comply is an offence.
Where this power is exercised by a police constable or immigration officer not at the direction of a public health officer, they must first consult a public health officer, if it is practical to do so.
Powers which may be exercised at a screening and assessment place
During a transmission control period, a public health officer has the following power in relation to a person who is at a screening and assessment centre, if the public health officer has reason to believe the person is potentially infectious:
A public health officer may request assistance from a police constable to take the person (using reasonable force if necessary) to the screening and assessment centre.
A police constable or immigration officer can detain a person at a screening and assessment centre until a public health officer is able to exercise any of the powers set out above. A police constable can detain a person for a maximum of 48 hours (24 hours initially, extended for a further 24 hours). An immigration officer can detain a person for a maximum of 12 hours (3 hours initially, extended for a further 9 hours).
Where any of these powers are exercised, the person exercising them must explain to the detained person why the power is being exercised, and that failure to comply is an offence.
Powers which may be exercised after assessment
During a transmission control period, a public health officer can impose certain requirements and restrictions on a person who has been screened, if the test either confirmed coronavirus infection or was inconclusive, or if the public health officer has reasonable grounds to believe the person is infected.
The requirements which may be imposed include as follows:
The restrictions which may be imposed include:
A requirement to remain in a place can be enforced by a public health officer or a police constable.
The person exercising these powers must consider the wellbeing and personal circumstances of the person over whom they are exercising them.
Any directions, requirements or restrictions imposed on a person during a transmission control period automatically cease when the transmission control period ends.
The person exercising the powers above must take account of guidance issued by the relevant authorities (Secretary of State, Welsh or Scottish Ministers, Department of Health in Northern Ireland), and also any guidance or advice from a public health officer.
Where any of these powers are exercised, the person exercising them must inform the person why the power is being exercised, and that failing to comply is an offence.
The Act requires the public health officer to review any requirements or restrictions imposed after 48 hours, and gives powers to vary and in some cases to extend any requirements or restrictions, subject to limitations on the length of any extension. There is a right of appeal to the Magistrates Court (England and Wales), Sheriff or Summary Sheriff (Scotland), or Court of Summary Jurisdiction (Northern Ireland).
Children
The Act makes additional provision in relation to children (defined as anybody under the age of 18 in England, Wales and Northern Ireland, or under 16 in Scotland).
A public health officer, police constable or immigration officer can direct a person with parental responsibility or custody and charge of a child, to take the child to a screening and assessment centre. The person with responsibility for the child must ensure so far as reasonably practicable that the child complies with the direction. The person with responsibility for the child must also comply with any request for information made under the Act.
The Act requires any powers exercised under it in relation to a child to be exercised in the presence of the person with responsibility for the child wherever possible. The Act does permit powers to be exercised where there is no person available with responsibility for the child.
Directions given verbally or in writing
A direction given to a person under any of the powers described above may be given verbally or in writing. Requirements or restrictions given to a person following screening and assessment may be given verbally but should be followed up in writing.
Enforcement powers
Police constables and immigration officers may use reasonable force when exercising any powers under this Act. Police constables also have a right of entry into buildings in connection with exercise of their powers.
Offences
The Act sets out various offences including:
Penalties may include a fine (England, Wales, Northern Ireland), or a fine or imprisonment for up to 12 months (Scotland).
The Legislation Update Service is the best way to stay up to date automatically with legislation in England, Wales, Scotland, Northern Ireland and the Republic of Ireland.
Sign up for your free trial to get instant access.
Jurisdiction: Republic of Ireland
Commencement: 3rd April 2020
Amends: Safety, Health and Welfare at Work (Construction) Regulations 2013 (SI 291/2013)
The Safety, Health and Welfare at Work (Construction) Regulations 2013 contain the main requirements to ensure the protection of the health, safety and welfare of people working on construction sites. Parts 4-14 provide very detailed requirements in relation to specific issues on construction sites.
Extensions to the expiry dates on safety awareness registration cards from the SOLAS Safe Pass training programme* during the Coronavirus (COVID-19) pandemic are introduced. If a safety awareness registration card from that programme expires after the 1st of March 2020, the card is considered to still be valid. This is to ensure that people can remain qualified under the SOLAS programme while cards cannot be renewed as a result of the pandemic.
*The SOLAS Safe Pass training programme is health and safety awareness training to enable people to work onsite without being a risk to themselves or others. Under the Safety, Health and Welfare at Work (Construction) Regulations 2013, all construction workers in Ireland, including apprentices and trainees, are legally required to hold a valid Safe Pass Registration Card. It is important to note that SOLAS are not the only authorised body that can issue registration cards, but registration cards issued by SOLAS are the only ones covered by this amendments extension.
The Legislation Update Service is the best way to stay up to date automatically with legislation in England, Wales, Scotland, Northern Ireland and the Republic of Ireland.
Sign up for your free trial to get instant access.
Jurisdiction: Republic of Ireland
Amends: Health Act 1947
The Health Act 1947 sets out a number of powers and functions relating to management and protection of public health. This may include detention of people with certain listed infectious diseases. There are no specific duties for employers under the Act.
The Act amends the Health Act 1947 to give the Minister power to make regulations for the protection of public health from the spread of coronavirus, and gives medical officers power to detain somebody suspected of being infected where that person cannot or will not self isolate themself in their own home. These changes are reflected in the ‘summary and duties’ section above.
The Legislation Update Service is the best way to stay up to date automatically with legislation in England, Wales, Scotland, Northern Ireland and the Republic of Ireland.
Sign up for your free trial to get instant access.
Jurisdiction: Republic of Ireland
Commencement: 24th March 2020
These Regulations implement European legislation which prevents the export of certain personal protective equipment (PPE) during the ongoing coronavirus pandemic.
This legislation implements Commission implementing Regulation (EU) 2020/402 making the exportation of certain products subject to the production of an export authorisation, which prevents the export of certain types of PPE outside the European Union. The objective is to preserve stocks of essential PPE within Europe during the Coronavirus (COVID-19) pandemic.
In order to assist EU Member States during the 2020 Coronavirus (COVID-19) pandemic, the European Commission has passed a directly acting Regulation (Commission implementing Regulation (EU) 2020/402 making the exportation of certain products subject to the production of an export authorisation). The EU Regulation requires that certain types of personal protective equipment cannot be exported outside the European Union unless an authorisation has been granted by the relevant competent authority in each Member State. (N.b. exports are still permitted to the UK during the Brexit transition period).
The European Union (Control of Exports of Personal Protective Equipment) Regulations 2020 provide that the Minister for Business, Enterprise and Innovation is the relevant competent authority for the Republic of Ireland.
The format for the export authorisation application form is set out in Schedule 1 to the Regulations.
Certain countries are excluded from the export ban i.e. PPE can be exported to the following countries without the need for prior authorisation:
The EU Regulation will only last 6 weeks from 20th March until 26th April 2020.
The Legislation Update Service is the best way to stay up to date automatically with legislation in England, Wales, Scotland, Northern Ireland and the Republic of Ireland.
Sign up for your free trial to get instant access.
Jurisdiction: Northern Ireland
Commencement: 28th March 2020
The Regulations are designed to protect public health by preventing the spread of COVID19 (i.e. Coronavirus). They apply to many types of business and other organisations, which are required to close or restrict their activities. They also apply to individuals, requiring people not to leave their homes except for certain specified reasons. The Regulations apply in Northern Ireland only (similar Regulations have been passed in England, Scotland and Wales).
The Regulations impose requirements on various types of businesses and organisations which are required to close in order to restrict the spread of Coronavirus. The types of business or organisation affected can be divided into the following categories:
The Regulations also list certain key businesses which are excepted from the restrictions.
The restrictions set out in these Regulations only apply during the ‘emergency period’. The emergency period starts on 28th March 2020. The emergency period ends in relation to any particular restriction or when the Department of Health issues a direction ending it.
The Department of Health issues must review the need for the restrictions at least every 21 days, commencing 18th April 2020.
The Department of Health must issue a direction ending any restrictions or requirements as soon as they are no longer necessary to protect public health from the spread of Coronavirus.
In any event, the Regulations expire after 6 months.
The Regulations require the following types of business to close:
Any person carrying on a relevant business listed above must:
Workplace canteens can remain open where there is no practical alternative for staff to obtain food.
The Regulations do not apply to cafes or canteens in hospitals, care homes, schools, prisons, or MoD establishments for use for naval, military or air force purposes. They also do not apply to services providing food or drink to the homeless.
The provision of room service in a hotel is excluded (i.e. hotels may continue to provide room service).
A business which sells hot or cold food for consumption off the premises is not required to close.
The Regulations require the following types of businesses to close:
Though otherwise required to close, cinemas, theatres, bingo halls, concert halls, museums, and galleries can be used to broadcast (by internet, television or radio) to people outside the premises.
Any suitable premises may still be used to host blood donation services.
The Regulations require all other businesses which supply goods for sale or hire to close. Libraries are included in this category (i.e. they must close).
The person carrying on any relevant business must close the premises and must not allow anybody onto the premises, except as set out below.
Although required to close, businesses supplying goods for sale or hire are permitted to continue to make deliveries or provide services for orders received by website, text, phone or post. The business may keep premises open and permit entry to people only to the extent required to make the deliveries or other services permitted here.
The person responsible for a business providing holiday accommodation must close the business, except where:
These must be closed except as follows:
These must be closed except where they provide essential voluntary activities or community support services (e.g. food banks, shelter for the homeless or vulnerable, blood donation or other emergency support).
These must remain closed to the public, except during a cremation or burial service.
If a business which is required to close forms part of a larger business, the larger business complies by closing the relevant part of the businesses which are required to close, i.e. those carrying on the types of business listed above.
The following types of businesses are excluded from the restrictions set out in these Regulations and may therefore continue to operate:
The Regulations also set out restrictions on personal movement. These apply to individuals, not businesses, but are set out here for information.
Individuals may not leave the place where they live, except in the following circumstances:
A person’s home includes the garden, and any paths, passageways, outhouses, etc.
Homeless people are specifically excluded from the above requirements.
The following people are classified as ‘vulnerable’:
It is prohibited to gather in groups of more than two a public place, except:
The Regulations provide enforcement powers to police constables and such people designated by the Department of Health.
Enforcement powers include:
These powers should only be used where they are necessary and proportionate.
Any person who contravenes the duties under these Regulations, or fails (without reasonable excuse) to comply with any direction from a person with enforcement powers, is guilty of an offence which is punishable by a fine.
If a company commits an offence due to the consent, connivance or neglect of a director, manager, secretary or other officer of that company, that person is also guilty of the offence.
The Regulations provide that 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 ranges from £30 (first incident) up to £960 (repeated infringements). The Regulations set out procedural rules concerning fixed penalty notices, including the circumstances and process by which a person who has received a fixed penalty notice can challenge it.
The Legislation Update Service is the best way to stay up to date automatically with legislation in England, Wales, Scotland, Northern Ireland and the Republic of Ireland.
Sign up for your free trial to get instant access.
Jurisdiction: Republic of Ireland
Commencement: 31st March 2020
Amends: Planning and Development Act 2000
In order to relieve regulatory restrictions that could hinder the response to the Coronavirus (COVID-19) pandemic, the requirements of the Planning and Development Act 2000 will not apply to the following classes of development where they are carried out by or on behalf of a State authority:
These classes of development mean that buildings in those classes can have a change of use, be repurposed, and new temporary new-build accommodation can be constructed to respond to the COVID-19 situation.
This will apply between 31st March 2020 and until 9th November 2020, unless otherwise amended.
The Legislation Update Service is the best way to stay up to date automatically with legislation in England, Wales, Scotland, Northern Ireland and the Republic of Ireland.
Sign up for your free trial to get instant access.
Jurisdiction: Republic of Ireland
Commencement: 27th March 2020
Amends: Planning and Development Regulations 2001
The Planning and Development Regulations 2001 deal with practical matters such as requirements for site notices, fees for applications and time limits in relation to the Planning and Development Act 2000. The Regulations also cover Environmental Impact Assessment contents and exemptions.
A development consisting of a change of use for the sale of food for consumption on the premises to the sale of food for consumption off the premises, is added to the list of developments that are exempt from needing to comply with the Planning and Development Regulations 2001. This only applies between the 31st March 2020 and 9th November 2020, unless otherwise amended. It has been brought in as a response to the Coronavirus (COVID-19) pandemic, to allow restaurants, cafes, etc. that have had to close to be able to offer a take-away service where they did not previously.
The Legislation Update Service is the best way to stay up to date automatically with legislation in England, Wales, Scotland, Northern Ireland and the Republic of Ireland.
Sign up for your free trial to get instant access.
Jurisdiction: Republic of Ireland
Commencement: 27th March 2020
Amends: Planning and Development Act 2000
As a response to the Coronavirus (COVID-19) pandemic, any time limits in the following Acts, such as a “specified period” or “appropriate period”, should not include any time between 13th March 2020 and the date specified by the Government in a subsequent Order:
This will avoid any statutory deadlines being breached regarding planning and building development.
The Legislation Update Service is the best way to stay up to date automatically with legislation in England, Wales, Scotland, Northern Ireland and the Republic of Ireland.
Sign up for your free trial to get instant access.
Stay up-to-date with topical news and legislation from The Compliance People. Selected updates direct to your inbox.
Call us on 01254 669002