New Legislation in Janaury


Added on: 29/01/2018

This month we have reviwed over 450 items of legisaltion and some of the new legislation published in Janaury is set out below. For full details on each item of legislation and automatic updates please log in to your MY Compliance Management portal.

The Merchant Shipping (Safety Rules and Standards for Passenger Ships) (Miscellaneous Amendments) Regulations 2018
These Regulations implement Commission Directive 2016/844/EU (“the Commission Directive”), which amends Directive 2009/45/EC (“the 2009 Directive”) on safety rules and standards for passenger ships. The Commission Directive makes several technical amendments to Annex I of the 2009 Directive.

The Goods and Motor Vehicles (Miscellaneous Amendments) Regulations 2018
These Regulations amend the Goods Vehicles (Licensing of Operators) Regulations 1995 (“the 1995 Regulations”) and the Motor Vehicles (Tests) Regulations 1981.

The Plant Health (England) (Amendment) Order 2018
This Order amends the Plant Health (England) Order 2015 (S.I. 2015/610) to implement Commission Implementing Decision (EU) 2017/2352 amending Implementing Decision (EU) 2015/789 as regards measures to prevent the introduction into and the spread within the Union of Xylella fastidiosa (Wells et al.)

The Nuclear Installations (Prescribed Sites and Transport) Regulations 2018
These Regulations prescribe the sites and transport for which lower liability limits apply under the Nuclear Installations Act 1965 (“the Act”). The liability regime imposed by the Act on operators of nuclear sites and disposal sites taking nuclear waste sets the standard liability limit at €1200 million, but allows a lower limit to be set for sites and transport prescribed under section 16(1) of the Act. These Regulations do not apply to excepted matter, which is the subject of separate regulation, the Nuclear Installations (Excepted Matter) Regulations 2017 (S.I. 2017/920).

Commission Regulation (EU) 2018/35 amending Annex XVII to Regulation (EC) No 1907/2006 (REACH) as regards octamethylcyclotetrasiloxane (‘D4’) and decamethylcyclopentasiloxane (‘D5’)
On 17 April 2015, the United Kingdom submitted to the European Chemicals Agency (‘Agency’) a dossier pursuant to Article 69(4) of Regulation (EC) No 1907/2006 (‘the Annex XV dossier’), proposing to restrict octamethylcyclotetrasiloxane (D4) and decamethylcyclopentasiloxane (D5) in cosmetic products that are washed off in normal conditions of use. The dossier demonstrated that action on a Union-wide basis is necessary to address the risks to the environment posed by the use of D4 and D5 when discharged into waste water.

The Landfill Disposals Tax (Wales) Act 2017 (Commencement No. 2) Order 2018 / Gorchymyn Deddf Treth Gwarediadau Tirlenwi (Cymru) 2017 (Cychwyn Rhif 2) 2018
Article 2 of this Order brings certain provisions of the Act into force on 25 January 2018. These provisions enable various applications to be made to the Welsh Revenue Authority (“WRA”) and provide WRA with the ability to approve these applications prior to the collection of landfill disposals tax. Relevant appeal and penalty provisions are also being commenced on this date.

The Plant Health (Fees) (England) (Amendment) Regulations 2018
These Regulations amend the Plant Health (Fees) (England) Regulations 2014 (S.I. 2014/601). Schedule 2 to the Plant Health (Fees) (England) Regulations 2014 sets out reduced rate fees for certain plants and plant products which are subject to reduced levels of plant health checks agreed under the procedure provided for in Articles 13a(2) and 18(2) of Council Directive 2000/29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community.

The Public Health (Wales) Act 2017 (Commencement No. 2) Order 2018 / Gorchymyn Deddf Iechyd y Cyhoedd (Cymru) 2017 (Cychwyn Rhif 2) 2018
This Order made by the Welsh Ministers brings into force specified provisions of the Public Health (Wales) Act 2017 (“the Act”).

The Renewables Obligation (Amendment) (Energy Intensive Industries) Order 2017
This Order amends the Renewables Obligation Order 2015 (the “2015 Order”) which imposes an obligation (the “renewables obligation”), on all electricity suppliers licensed under the Electricity Act 1989 which supply electricity in England and Wales, to produce a certain number of renewables obligation certificates in respect of the electricity they supply to customers in England and Wales during a specified period known as an “obligation period”.

The Ionising Radiation (Medical Exposure) Regulations 2017
These Regulations implement, as respects Great Britain, some of the provisions of Council Directive 2013/59/Euratom laying down basic safety standards for protection against the dangers from exposure to ionising radiation. The Directive repeals Directives 89/618/Euratom, 90/641/Euratom, 96/26/Euratom, 97/43/Euratom and 20013/122/Euratom.

The Environmental Protection (Microbeads) (England) Regulations 2017
These Regulations prohibit the use of microbeads as an ingredient in the manufacture of rinse-off personal care products and the sale of any such products containing microbeads (regulation 3). Breach of these prohibitions is an offence (regulation 3). (Definitions of “microbead” and “rinse-off personal care product” are contained in regulation 2.)