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Forthcoming Legislation |
Forthcoming Legislation
New legislation and regulations come along in a seemingly endless string of red tape for businesses and keeping on top of it can be a challenge. Early identification and forward planning can help avoid the risks of non-compliance and can also give your business an edge on competitors. In the past year alone new legislation for age discrimination, smoking in the workplace and the disposal of electrical equipment have created both risks and opportunities for many local companies.
Our legislation pages are kept up-to-date with the latest developments in legislation coming from the UK and the European Union. Particular focus is given to the Maritime, International Trade and Tourism sectors.
UK Legislation
Regulatory Decisions
EU Legislation
EU Proposals
International Procedures
Recently Enacted Legislation
The Government's Draft Legislative Programme July 2007
Government Legislation Agenda
New legislation for major planning reforms
Published 27 November 2007
Further reading:
Planning Bill Impact AssessmentPlanning for a Sustainable Future Consultation
The Information and Consultation of Employee Regulations 2004
At its simplest, this regulation give employees in larger firms - those with 50 or more employees - rights to be informed and consulted on a regular basis about issues in the business they work for. It is being introduced in three phases, the first of which has nearly run its course:
150+ employees from 6 April 2005;
100+ employees from 6 April 2007;
50+ employees from 6 April 2008.You can find more detail on this regulation on the BERR's website
The Information and Consultation of Employees Regulations 2004 BERR Guidance (January 2006). [PDF].
Site Waste Management Plan (SWMP) Regulations
Site Waste Management Plan (SWMP) regulations are due to come into force by April 2008. They will be enforced by local authorities and the Environment Agency who will impose penalties for failure to make, keep or produce a SWMP.
The proposals are likely to affect:
- anyone planning a construction project costing more than £250,000
- any construction project clients or architects that produce, manage or dispose of waste
- suppliers to the construction industry
- environmental regulators, i.e. local authorities and the Environment Agency.
Defra consultation - Closed 9 July 2007
Further changes will be implemented:
For table of commencement date click here.
Details of the provisions commenced from January 2007 and 6 April 2007 can be found here
BERR
BERR publication: Companies Act 2007 Private Company Information July 2006Additional Reading
URN 07/721 FAQ Companies Act 200
More on this on the Recently Enacted Legislation page.
The Information and Consultation of Employee Regulations 2004
At its simplest, this regulation give employees in larger firms - those with 50 or more employees - rights to be informed and consulted on a regular basis about issues in the business they work for. It is being introduced in three phases, the first of which has nearly run its course:
150+ employees from 6 April 2005;
100+ employees from 6 April 2007;
50+ employees from 6 April 2008.You can find more detail on this regulation on the BERR's website
The Information and Consultation of Employees Regulations 2004 BERR Guidance (January 2006). [PDF].
Corporate Manslaughter and Corporate Homicide Act 2007
Guidance on the new legislation which comes into force on 6 April 2008. This provides key information for employers and others who need to understand the Act.
This is the linkNumber Translation Services (NTS)
Changes to 0870 number from February 2008 (Ofcom)
More information from OfcomEarlier this year Royal Mail submitted an application for proposed Zonal pricing which would cover bulk mail products. If you click on the heading: Zonal Pricing it will take you to the Postcomm website where there is a wider explanation.
The application was deemed to contain “sufficient information of good quality” to allow Postcomm to start the 9-month assessment period. It is proposed the new arrangement will come into effect in April 2008.
The EC Directive on Packaging and Packaging Waste 94/62/EC
The EC Directive on Packaging and Packaging Waste 94/62/EC seeks to reduce the impact of packaging and packaging waste on the environment by introducing recovery and recycling targets for packaging waste, and by encouraging minimisation and reuse of packaging.
Producer Responsibility Obligations (Packaging Waste) Regulations 2007Consultation on recycling targets for packaging for 2008
The EU Training Directive (EU Directive 2003/59/EC)
Batteries Directive 2006/66/EC
The Batteries Directive was published in the Official Journal on 26 September 2006. The UK and all other Member States now have a deadline of 26 September 2008 to transpose the provisions into national law.The Directive seeks to improve the environmental performance of batteries and accumulators and of the activities of all economic operators involved in the life cycle of batteries and accumulators, eg producers, distributors and end users and, in particular, those operators directly involved in the treatment and recycling of waste batteries and accumulators.
NetRegs
Further reading:
Directive 2006/66/EC of the European Parliament and of the Council
The Water Framework Directive
The Water Framework Directive (WFD) is the most substantial piece of EC water legislation to date. It requires all inland and coastal waters to reach "good status" by 2015. It will do this by establishing a river basin district structure within which demanding environmental objectives will be set, including ecological targets for surface waters.The Directive came into force on 22 December 2000. The Directive sets out a timetable for both initial transposition into laws of Member States and thereafter for the implementation of requirements.
Water Framework Directive's implementation
Further reading:
The Environment Agency launched two consultation in July 2007 on what are the most significant issues that face each River Basin District. Nick can you please link the consultations below to the words Environment Agency and link the two consultations with the information on the Water Framework Directive.
Dee River Basin District 'Summary of Significant Water Management Issues' Consultation
This consultation runs from 24 July 2007 to 24 January 2008
North West River Basin District 'Summary of Significant Water Management Issues' Consultation
This consultation runs from 24 July 2007 to 24 January 2008
The EU Water Framework Directive - integrated river basin management for Europe
Directive 200/60/EC of the European Parliament and Council of 23 October 2000Access to Air Travel for Disabled Persons and Persons with Reduced Mobility
EC Regulation 1107/2006 which comes into force in two stages imposes new legal obligations on airport operators, air carriers, their agents or tour operators.
The first stage (prohibiting refusal of booking or embarkation) came into force on 26 July 2007. In very occasional circumstances these rights may not apply - for example, where there are legitimate safety or technical reasons why a disabled person cannot board an aircraft. The rest of the Regulation will apply from 26 July 2008. From this date, airport managing bodies will be required to organise the provision of the services necessary to enable disabled/reduced mobility passengers to board, disembark and transit between flights, with costs recovered through a charge on airlines proportionate to the total number of passengers they carry to and from the airport.In the UK, the Civil Aviation Authority has been designated to enforce the Regulation. The Disability Rights Commission has been designated to handle complaints from passengers (along with the Consumer Council for Northern Ireland).
The Government has worked with the UK aviation industry to produce a voluntary code of practice (published in 2003) which aimed to improve access to air travel for disabled people. They intend to revise this code by 2008 to reflect the new European Regulation.
The EU Training Directive (EU Directive 2003/59/EC)
The Compulsory Training Directive comes into full force in 2009 but preparation is necessary now. All organisations that employ drivers need to be familiar with the Directive.The two organisations listed below are the sector skills bodies for Logistics (Freight) and public transport (passenger).The Merseyside Employers' Coalition (Gill Farrer), based at No 1 Old Hall Street, Liverpool have a full list of these organisations as well as a comprehensive network of others that can assist.
Towards a future maritime policy for the European Union
(of particular interest to the Maritime Sector)
On 12 July, the European Parliament, in plenary, adopted its report on the maritime strategy (by rapporteur Willy Piecyk (EPP, Germany). The report will feed into the commission's future strategy on maritime policy, which will include the main conclusions of the commission's consultation (completed at the end of June), as well as an action plan - both will be published in October.
The report supports the commission's holistic approach in this field, integrating the various policy areas and calls for the commission to move forward quickly. It sets climate change as the largest challenge for maritime policy. It also supports the idea that future European maritime policy should be set in the context of the Lisbon Strategy in order to facilitate economic growth and jobs in a sustainable manner.
Specific points raised in the report include:
improvement on shipping and ships (including introducing a quality label for ships),
better coordination between ports
the need for a competitive maritime manufacturing industry
integration of maritime and coastal policy
improving coastal regions as a place to live and work
development of traditional seasonal tourism business into all year round business
support for the shift to carbon-free energy generation
amongst many others.
Source: smallbusinesseurope
The final report is available here.
Further reading:
Government response to the EU Maritime Green PaperRelated reading:
Department for Transport (DfT) Ports policy review interim report
Waste at Sea
(of particular interest to the Maritime Sector)The 31st March 2007 was the deadline for member states to make Directive 2005/35/EC on penalisation of ship-source pollution part of their national law. As a result, member states have to impose sanctions on anyone polluting the seas in this way, even if as a result of negligence. The law includes offences such as illegal fuel discharges at sea and applies to all seas and ships calling at EU ports – except when human safety or safety of the ship is in danger.
From 12 July 2007, the transport of waste will also be more tightly controlled as Regulation 1013/2006/EC comes into force. This law requires prior written consent from all countries involved in shipments of hazardous waste, such as chemical or batteries, and for all shipments of waste destined for disposal. It aims to improve environmental protection by ensuring that all parties involved in shipping waste protect the environment and human health at all times.
Source: Environment for Europeans, Magazine of the Directorate-General for the Environment
For further information visit:
Maritime safety: Ship-source pollution and criminal penalties
European Maritime Safety Agency
Further reading:
The Landfill Directive (99/31/EC)
New rules on landfilling wasteThe Landfill Directive is changing the way all of us manage waste and is having an impact on everyone who produces waste and sends it to landfill.
Environment Agency Factsheets
EC Directive on the Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment (RoHS)
New RoHS Exemptions
The European Union has issued three Commission Decisions which amend the Annex to the RoHS Directive. The Annex to the RoHS Directive lists a number of applications where the restricted substances may be present. These three Decisions introduce some further exemptions for applications of lead, cadmium and hexavalent chromium.For further information and RoHS regulations: Government guidance notes 2007
Click here for Written procedures Exemption Decision
Click here for Hex Chrome Decision
Click here for Lead Crystal Decision
Waste Electrical and Electronic Equipment (WEEE)
E U Services Directive
On 5 March 2004 The European Commission published its proposals for a Directive on "Services in the internal Market" to improve the free flow of services around the EU in an effort to unlock European businesses’ potential, increase productivity and job creation, and deliver benefits to consumers through greater competition. The Directive on Services aims to break down barriers to cross border trade in services between EU Member States, making it easier for providers to: Establish themselves and offer services in other Member States; and provide services temporarily and/or at a distance in other Member States.
The Services Directive was adopted at the end of 2006 and published in the European Commission’s Official Journal on 27 December 2006 – see BERR website for more info.
Member States, including the UK now have until the end of 2009 to implement the Directive.
The BERR is responsible for co-ordinating the implementation for the UK and will be working closely with relevant Departments and interested parties throughout the duration of the project.
The BERR will be focusing on the following to ensure they implement the Directive effectively:
Screening – reviewing all legislation and administrative practices relating to service provision to ensure they comply with the Directive, and removing or amending those which do not.
Point of single contact (PSC) – setting up an online portal through which businesses will be able to complete the formalities and procedures needed for setting up a business in the UK on either a permanent or temporary basis.
Mutual Assistance – an electronic system where regulators in one Member State will be able to securely communicate with those in another Member State, enabling authorities to supervise providers e.g. to confirm the nature of existing licence authorisation.
Quality of services – the Directive also includes provisions on rights for service recipients, such as making information on redress schemes more readily available.
The BERR expect to be able to issue a consultation document in the autumn setting out their proposals for implementing the Directive. There will be more information about this closer to the time.
REACH
REACH stands for Registration, Evaluation, and Authorisation of Chemicals. There is a phased introduction of regulation over the next 11 years. For timeline see Defra REACH Summary Guide.From Tuesday 10th October the HSE will be providing a helpdesk to support UK business with information and advice on REACH in the run up to the new regulation coming into force. Tel: 0845 408 9575 or email: ukreach@hse.gsi.gov.uk
Visit the HSE website for further information.
Recent Reach Legislation
Previous Reach Consultation
REACH background
European Chemicals Agency
Environmental Liability Directive
The Defra website provides information about developments towards a directive on Environmental Liability, and a brief outline of existing UK liability regimes. It covers:
- the latest position
- adoption of directive
- background on the developments towards a directive
- the Council Negotiations - main issues
- consideration by the European Parliament
- the UK's response at the various stages
- resume of the existing UK liability regimes
Background
The European Commission adopted a proposal for a Directive in January 2002.
The proposed Directive is aimed at the prevention and remedying of environmental damage - specifically, damage to habitats and species protected by EC law, damage to water resources, and land contamination which presents a threat to human health. It would apply only to damage from incidents occurring after it comes into force.
Defra has completed the first of two proposed public consultations on options for implementing the Environmental Liability Directive.
The launch of the second consultation on draft legislation is likely to be in Autumn 2007.European Commission's Proposal On Enhancing Supply Chain Security
Background:In the second half of 2006 the EC proposed a regulation aimed at better protecting land freight transport against terrorism.
The Commission has introduced two new initiatives:
- works on a CEN standard for supply chain security, which will most likely be similar to what was intended in the regulation- an informal working group of transport sector and police, to set up a system for closer co-operation
Further reading:
Security in Transport & Energy
Studies & reports
Study on the impacts of possible European legislation to improve transport security (general report)
Press Release - 28/02/06
Communication from the Commission to the Council
AEO Pilot Report
Guidelines
General Information Leaflet
Authorised Economic Operator (AEO) Frequently asked questions [PDF]
ICC to revise its Uniform Rules for Demand Guarantees
(of particular interest to the International and Maritime Sectors)
Paris, 24 May 2007The ICC Banking Commission has given the go-ahead to begin a revision of the ICC Uniform Rules on Demand Guarantees (URDG). The rules, approved by ICC in 1991, have as their objective to balance the conflicting interests of applicants, beneficiaries and guarantors. In simplifying the drafting of demand guarantees, they serve as a model for guarantee practice worldwide.
The Government's Draft Legislative Programme
July 2007Download the Draft Legislative Programme [PDF]
Government Legislation Agenda [Word Doc]
Source: DeHavilland Information ServicesPlease note: The above alerts only cover a selection of UK and EU legislation. You are advised to visit the respective Government websites for additional information.
Government Departments are used as the source unless otherwise stated.
