Recently
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Recently Enacted Legislation
Recently Enacted Legislation is legislation in England and Wales, Scotland and and Northern Ireland. Laws may be amended through successive legislation, consolidation or specific Amendment of Acts (Orders or Regulations issued by Ministers). This website only deals with UK legislation. You are advised to check the territorial application of any legislation as many items do not cover all of the UK and timescales can differ.
Corporate Directors
All companies will have to have at least one director who is at least 16 years old. The directorship of any underage directors will automatically cease 1 October 2008.Limited Liability Partnership
From 1 October 2008, the form and content of accounts will be brought into line with the Companies Act.All LLP must submit an annual return (Form LLP363) within 28 days of the Made Up Date. This must include: the name of the LLP, its registered number, its registered office, the address where certain LLP registers are kept if not at the registered office, the name and address of each member, and if only some of the members are designated members, which of them are designated members.
Consumer Credit
Businesses which provide debt administration or credit information services will need to be licensed after 1 October 2008. There are also rules setting out the frequency and type of information provided to consumers in statements and notices. These include annual statements under fixed-sum credit agreements, additional information in statements for running-account credit, notices of sums in arrears, notices of default sums, additional information in default notices, notices relating to post-judgement interest.The regulations also prescribe the form of the statements and notices, included that the information must be easily legible, in plain intelligible language and must be as prominent than order working in the document.
The Consumers, Estate Agents and Redress Act
Estate Agents will be required to below to an independent approved ombudsman scheme which will determine disputes between estate agents and buyers or sellers or residential property in the UK.Estate Agents will also be required to keep adequate records of their dealings with clients for six years.
The Office of Fair Training and Trading Standards Officers will be given powers to inspect an Estate Agent’s files, and the OFT is to be given increased scope to consider an Estate Agent’s fitness to practice.
Town and Country Planning (General Permitted Development) Amendment
World Heritage Sites are to be added to the list in which some restrictions are imposed on development permitted without the need for planning permission. For example, in World Heritage Sites, micro-generation equipment will not be covered under general permitted development.Reduction of share capital
This regulation will introduce a solvency statement route which will allow private companies to reduce share capital without reference to the court. The provisions will only apply not private companies. Public companies will continue to use the court approved route for reducing share capital.Trading Disclosure Regulations
These regulations specify what information must be displayed and available in a company’s register office or inspection place. The company name must be displayed as to be visible to visitors. The registered name of the company must appear in all business letters and official publications, bills of exchange, promissory notes, endorsements and order forms; cheques signed by or on behalf of the company; invoices and other demands for payments, receipts and letters of credit; applications for licences; and all other forms of business correspondence and documentation.Business letters, order forms and websites must disclose the part of the UK in which the company is registered, the company’s registration number, the address of the company’s registered office, whether it is a limited company or investment company, and if the company has share capital the amount of share capital is to be disclosed.
Where business letters include the name of a company director (with the exception of within the text of the letter or as a signatory), all company directors must be named.
If any person the company does business with requests information related to the inspection place and registered office, the company shall respond within 5 working days with the address of its registered office, any inspection place and the type of company records which are kept at the registered office or inspection place.
Maternity Leave
Women whose babies are due before the 5 October 2008 are entitled to Ordinary Maternity leave of 26 weeks, and Additional Maternity leave of 26 weeks. Following Ordinary Maternity leave, a women is entitled to return to her job with the same conditions and benefits. Following returning from Additional Maternity leave, a woman is entitled to return to the same job, or where it has not been reasonably practical for the employer to hold the post open, to another post where the terms and conditions are not less favourable.These conditions change slightly for those women whose babies are due after 5 October 2008. From this point, women are entitled to the same contractual benefits during Additional Maternity leave as during Ordinary Maternity leave, such as gym membership, share schemes and use of a company car.
More info on the Direct Government website
Annual changes to National Minimum Wage
National Minimum Wage will rise to £5.73 for adult workers aged 22 and above, and £4.77 an hour for workers aged 18-21. The rate for workers under 18 but above compulsory school age rises to £3.53 an hour.Annual Return Regulations
Private and non-traded public companies will only be required to publish the names of shareholders, not their addresses. Traded public companies are required to publish the names and addresses of those shareholders who hold at least 5% of shares.
Doorstep Selling Regulations
Consumers have a 7 day cooling off period and cancellation rights for contracts made in homes or workplaces, or any other location away from the trader’s normal place of business. This is regardless of whether the visit was solicited or not. Protection also applies to payment made to traders during the 7 day cooling off period.The Landfill Directive (99/31/EC)
From 30 October 2007, under the new producer pre-treatment requirement of the Landfill Directive, businesses of any size will no longer be able to send non-hazardous waste to landfill without prior treatment and liquid wastes will be banned from landfill.
This could mean separating rubbish between that which can be recycled or not, or paying a waste contractor to do this.
The aim of this legislation is to encourage businesses to recycle more of the non-hazardous waste that is currently thrown out and sent to landfill. Implementation of the Landfill Directive on October 30 will mean that any non-hazardous waste must be treated in-house or elsewhere before it can be sent to a landfill site.
Environment Agency FactsheetsStatutory Holiday Entitlement
From 1st October 2007 the statutory minimum annual holiday entitlement will rise from 4 weeks (20 days for those working a 5 day week) to 4.8 weeks (24 days). This can include bank and public holidays.
National Minimum Wage
The National Minimum Wage will increase from 1 October 2007, details below:
• Adult rate (workers aged 22 and over) will increase to £5.52.
• Development rate for 18-21 year olds will increase to £4.60.
• Development rate for 16-17 year olds will increase to £3.40
• The rate for the accommodation offset will increase to £30.10 per week (£4.30 per day).For further information visit the BERR website.
National Minimum Wage Low Pay Commission Report 2007
National Minimum Wage Low Pay Commission Report 2006
The Health Act, passed by Parliament in 2006, included a power to change the age of sale of tobacco from 16 to 18. This will come into effect from Monday, October 1st 2007, when it will be illegal to sell tobacco products to anyone under the age of 18. This includes cigarettes, cigars, loose rolling tobacco and rolling papers. This applies both to over the counter and vending machine sales.
Companies Act 2006
Company law changed from 1 October 2007.
A new statement of directors' duties and responsibilities will apply.
Removal for the requirement to hold an Annual General Meeting (AGM) unless a company decides to do so.
Easier decision making by written resolution of the Company's shareholders.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 Forthcoming Legislation page.
Equality Act 2006 (Dissolution of Commissions and Consequential and Transitional Provisions) Order 2007
From 1st October 2007, the Equality and Human Rights Commission is the principal independent body for equality and human rights in Britain. The Commission for Racial Equality, the Equal Opportunities Commission and the Disability Rights Commission have been dissolved.
Flexible Working (Eligibility, Complaints and Remedies) (Amendment) (No 2) Regulations 2007
Statutory Instrument 2007 No. 2286
From October 2007 some minor technical changes to the flexible working regulations have been made.
Further information:
BERR
BERR - Flexible working: the right to request and the duty to consider
URN No: 07/1390
Directive 2005/32/EC on the Eco-design of Energy using Products
The Eco-design for Energy-using Products Regulations 2007 (SI 2007, No 2037) (The "EuP statutory instrument") which came into force on 11 August 2007.
Defra Guidance Notes
NetRegs
Further reading:
Directive 2005/32/EC of the European Parliament and of the CouncilEnergy-Using Products (EuP)
The EuP Directive 2005/32/EC was finalised and published on 6 July 2005. The EuP legislation will affect all energy-using products that sell more than 200,000 units a year, over a number of categories including domestic appliances, consumer electronics, lighting and office equipment.
Defra has issued guidance notes on the draft statutory instrument which will transpose the Directive in the UK which came into force on 11 August 2007.
Further information:
Envirowise: to access free advice and tools for achieving sustainable design
Access 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.
Smokefree Legislation
(Of particular interest to the Tourism sector)From 1 July 2007, all public places and workplaces became smoke-free in England, with the exception of a limited number of exemptions. The legislation is part of the Health Act 2006.
The legislation becomes the responsibility of Local Authorities and for queries on the guidance contact the Regional Tobacco Policy Manager at your local authority.
For contact details see below:
Knowsley Council: Environmental Health and Consumer Protection Division 0151 443 4723
Liverpool City Council: Liverpool Direct 0151 233 3000
St Helens Council: Environmental Health on 01744 456376.
Sefton Council: Sefton Plus 0845 140 0845 (select option 1)
Wirral Council: 0151 606 2020The Smokefree England information line: 0800 169 169 7 will close on 10 August.Businesses should visit the website: www.smokefreeengland.co.uk or call the environmental health team in their local authority (Contact details for local authorities in Knowsley, Liverpool, St Helens, Sefton and Wirral are provided in the previous paragraph). .
All information relating to the legislation is also available at www.smokefreeengland.co.uk. You will also continue to be able to order signage and other materials through the website until the end of August. From September, signage will be available to download from the website only.
The website www.smokefreeengland.co.uk will be available until the end of the financial year.
The first set of Smokefree England compliance data, as compiled by LGAR, has been released.
NHS Smokefree Legislation Compliance Data Report covering 1st - 13th July 2007 (Period 1)
NHS Smokefree Legislation Compliance Data Report covering 1st - 13th July 2007 (Period 1) Technical AnnexEuropean Nutrition and Health Claims Regulation
EC Directive on Waste Electrical and Electronic Equipment (WEEE)
The Waste Electrical and Electronic Equipment Directive (WEEE Directive) aims to minimise the impact of electrical and electronic goods on the environment, by increasing re-use and recycling and reducing the amount of WEEE going to landfill. It seeks to achieve this by making producers responsible for financing the collection, treatment, and recovery of waste electrical equipment, and by obliging distributors to allow consumers to return their waste equipment free of charge.
Key dates:
The regulations came into force on 2 January 2007.
Producers have to join a compliance scheme by 15 March 2007.
Producers have to mark electrical and electronic equipment (EEE) by 1 April 2007.
Full responsibility for treating and recycling household WEEE begins on 1 July 2007.For more information visit the NetRegs website
The Government has published the Waste Electrical and Electronic Equipment (WEEE) Regulations 2006 which implement the WEEE Directive in the UK. A copy of the regulations can now be found here on the BERR website.
The BERR is establishing a new independent body to provide advice on the WEEE Directive and Regulations.
BERR has published a Business User Factsheet, which can be downloaded here.
European Nutrition and Health Claims Regulation
European Nutrition and Health Claims Regulation came into force on 1 July 2007 to help protect consumers from misleading claims. Although the Regulation comes into effect on 1 July there are transition periods to give businesses enough time to comply with the new rules. The Food Standards Agency (FSA) has produced guidance notes on changes.
Further information:
http://ec.europa.eu/food/food/labellingnutrition/claims/index_en.htm
Regulation (EC) No 1924/20076 of the European Parliament and of the Council of 20 December 2007 on Nutrition and Health Claims made on Foods.
Europa - Food Safety
European Food Safety Authority (EFSA)
Dangerous goods
New regulations for the security of transporting dangerous goods in Great Britain came into force on 1 July 2007. These regulations are based entirely upon the new security requirements laid out in the international agreements for the transport of dangerous goods by road and rail. Accompanying explanatory guidance has replaced the road and rail codes of practice that were in place.
REACH
REACH stands for Registration, Evaluation, and Authorisation of Chemicals. It is the new EU Chemical legislation, which came into force on 1 st June 2007.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.
Forthcoming Reach Legislation
Previous Reach Consultation
REACH background
European Chemicals AgencyVAT Reverse Charge for mobile phones, computer chips and certain digital goods
A new way of accounting for VAT which changes the way that VAT is paid on mobile phones, computer chips, and certain digital goods came into force on 1st June 2007. This measure is designed to help combat what is known as MTIC (Missing Trader Intra-Community) fraud
Ceramic Articles in Contact with Food Regulations
In England, the new requirements were introduced under the Ceramic Articles in Contact with Food (England) Regulations 2006 and came into force on 20 May 2007.
For further information visit the DTI websiteConstruction (Design and Management) Regulations 2007 (CDM 2007)
The new Construction (Design and Management) Regulations 2007 (CDM 2007) came into force on 6 April 2007 which simplify and clarify existing Regulations.Gangmaster Licensing
(of particular interest to Maritime Sector)
Relevant to: Labour providers supplying labour to agricultural, horticultural and food/fish/shellfish processing and packaging sectors, and from April 2007, labour providers and users operating in the shellfish-gathering sector.
Visit the The Gangmasters Licensing Authority (GLA) for further information
Discrimination in Employment
Equality and Diversity: Age Discrimination in Employment and Vocational Training
The Employment Equality (Age) Regulations 2006 came into force on 1 October 2006.
Pension provisions in the Employment Equality (Age) (Amendment No.2) Regulations 2006 came into force on 1 December 2006.
The Employment Equality (Age) (Consequential Amendments) Regulations 2007 came into force on 6 April 2007.For further information visit the Department for Business, Enterprise and Regulatory Reform (BERR) website
For information on The Age Positive Campaign
Flexible Working and Work-Life Balance
From 6 April 2007 the Flexible working law will extend the right to request flexible working to carers of adults.
For further information visit the Department for Business, Enterprise and Regulatory Reform (BERR) websiteThe 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]
2007 Packaging Regulations
On 16 March 2007 the new Producer Responsibility Obligations (Packaging Waste) Regulations 2007 came into force.
New Mobile Phone Legislation
From the 27 February 2007, if you are caught using a hand held mobile in your car, the penalty goes up to a £60 fine and three points on your licence.
There are serious implications for employers, who can be prosecuted if they cause or permit employees to take or make calls or send texts while driving.
Additionally:
The penalties also apply if you don't control your vehicle because you are distracted by a conversation on your hands-free mobile. The police will be stepping-up enforcement around mobile phones, increasing the chance of being caught
Using a mobile phone whilst driving includes when you are stopped at traffic lights, when you are queuing in traffic and if you make or receive calls, pictures or text messages, or try to access the internet
DTI advice is - switch off before you drive off.
Read more on the new legislation here.
Control of Asbestos Regulations 2006
The Control of Asbestos Regulations 2006 came into force on 13 November 2006
These Regulations consolidate the current laws on exposure to asbestos, contained in the Asbestos (Licensing) Regulations 1983, Asbestos (Prohibitions) Regulations 1992 and Control of Asbestos at Work Regulations 2002.
Visit the HSE website for more information
The Measuring Instruments Regulations 2006
On 30 October 2006, the Measuring Instruments Directive (MID) came into force. It replaces current regulations on how certain types of measuring instrument are brought to market. Measuring instrument types that are regulated in the UK will continue to be regulated under the MID.
The Measuring Instruments (Non-Prescribed Instruments) Regulations 2006 – (S.I. 2006 no.2170)
Notes for Guidance March 2007 Version 1
Business Link Weights and Measure guideChanges in statutory maternity and adoption leave and payments
On 1 October 2006 the Maternity and Parental Leave etc and the Paternity and Adoption Leave (Amendment) Regulations 2006 came into force.
The amendments will only affect employees whose expected week of childbirth, or expected date of adoption, is on or after 1st April 2007
For further information and related documents visit the Department for Business, Enterprise and Regulatory Reform (BERR) website.
Maternity, paternity and adoption – an overview.
Amendments to the Trade Union and Labour Relations (Consolidation) Act 1992
With effect from 1 October 2006 employers have a duty to inform and consult employees before undertaking collective redundancies.
DTI publication Collective Redundancies: Employers' Duty to Notify the Secretary of State. Response to Consultation September 2006 [PDF]
Fire Safety
The Regulatory Reform (Fire Safety) Order 2005 was approved by Parliament on 7 June 2005, and became law on 1 October 2006.
Fire Safety Law and guidance documents for business
Please note: The above information is provided in good faith but you are advised to examine matters in more depth to obtain further details.Government Departments are used as the source unless otherwise stated.
