New Legislation in February


Added on: 27/02/2018

Some of the new health, safety and environmental legislation published in February 2018 are set out below. For all updates and full summaires of the legisaltion please log in to MY Compliance Management.

The Littering From Vehicles Outside London (Keepers: Civil Penalties) Regulations 2018
These Regulations confer a power on district councils in England (outside London) to require the keeper of a vehicle to pay a fixed (civil) penalty if there is reason to believe that a littering offence has been committed from the vehicle. 

The Wales Act 2014, Sections 16 and 19 (Disapplication of UK Stamp Duty Land Tax and UK Landfill Tax) (Appointed Date) Order 2018
The Order appoints 1st April 2018 as the date for the purposes of sections 16(4) and 19(3) of the Wales Act 2014 (“the Act”). The effect is the disapplication of landfill tax to Wales for disposals made on or after 1st April 2018. A tax on disposals to landfill will replace landfill tax in Wales.

The Merchant Shipping (Prevention of Pollution from Noxious Liquid Substances in Bulk) Regulations 2018
These Regulations implement Annex II (Regulations for the Control of Pollution by Noxious Liquid Substances in Bulk) of MARPOL 73/78 (as revised), an International Convention made by the International Maritime Organization (IMO) for the prevention of pollution from ships.

Commission Directive (EU) 2018/217 amending Directive 2008/68/EC on the inland transport of dangerous goods by adapting Section I.1 of its Annex I to scientific and technical progress
Section I.1 of Annex I to Directive 2008/68/EC refers to provisions set out in the international agreement on the road transport of dangerous goods. The provisions of that international agreement are to be updated regularly in accordance with Article 14 of the European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR). The last amended version of the international agreement is to apply as from 3 January 2018. Section I.1 of Annex I to Directive 2008/68/EC is therefore amended accordingly.

The Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (Commencement No. 4) Regulations 2018
These Regulations bring into force on 1st April 2018 Part 2 (duty of candour) of the Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (“the Act”) so far as it is not already in force.

The Reduction and Prevention of Agricultural Diffuse Pollution (England) Regulations 2018
These Regulations set out provisions to reduce and prevent the pollution of waters from diffuse agricultural sources and apply to persons who have custody or control of agricultural land in England (“land managers”).

The Conservation of Salmon (Scotland) Amendment Regulations 2018
These Regulations amend the Conservation of Salmon (Scotland) Regulations 2016 (“the principal Regulations”) which make provision to regulate the killing of salmon in specified areas.

The Novel Foods (England) Regulations 2018
These Regulations provide for the execution and enforcement in England of Regulation (EU) 2015/2283 on novel foods (“the Novel Foods Regulation”). Regulation (EU) 2015/2283 revises the requirements for placing novel foods on the market. The requirements have been updated in accordance with technical and scientific progress and include an updated definition of what constitutes a “novel food” and the European Commission will establish a European Union list of approved novel foods.

The Town and Country Planning (Local Authority Consultations etc.) (England) Order 2018
This Order amends the following instruments, the Town and Country Planning Order (Permission in Principle) Order 2017, the Town and Country Planning (Development Management Procedure) (England) Order 2015 (“DMPO”), the Town and Country Planning (General Permitted Development) (England) Order 2015 (“GPDO”), the Town and Country Planning (Section 62A Applications) (Procedure and Consequential Amendments) Order 2013, the Planning (Listed Buildings and Conservation Areas) Regulations 1990 and makes the following changes.

The Carbon Accounting Scheme (Scotland) Amendment Regulations 2018
These Regulations amend the Carbon Accounting Scheme (Scotland) Regulations 2010 (“the 2010 Regulations”). The 2010 Regulations make provision about carbon units and carbon accounting for the purposes of Part 1 of the Climate Change (Scotland) Act 2009.

The Gas Safety (Installation and Use) (Amendment) Regulations 2018
These Regulations amend the Gas Safety (Installation and Use) Regulations 1998 (“the 1998 Regulations”). The amendment made by regulation 3 has the effect that, subject to certain exceptions, the 1998 Regulations do not apply to certain gas compression installations which are downstream of isolation valves.

The National Emission Ceilings Regulations 2018
These Regulations implement in the United Kingdom Directive 2016/2284/EU of the European Parliament and the Council relating to national emission ceilings for certain atmospheric pollutants.

The Landfill Disposals Tax (Tax Rates) (Wales) Regulations 2018 / Rheoliadau Treth Gwarediadau Tirlenwi (Cyfraddau Treth) (Cymru) 2018
These Regulations specify the first standard rate, lower rate and unauthorised disposals rate for landfill disposals tax and will apply to a taxable disposal made on or after 1 April 2018. Part 2 of the Landfill Disposals Tax (Wales) Act 2017 (“the Act”) sets out what constitutes a taxable disposal.

The Ionising Radiation (Medical Exposure) Regulations (Northern Ireland) 2018
These Regulations implement, as respects Northern Ireland, 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. They revoke the Ionising Radiation (Medical Exposure) Regulations (Northern Ireland) 2000.

The Ionising Radiation (Medical Exposure) (Amendment) Regulations 2018
These Regulations amend the Ionising Radiation (Medical Exposure) Regulations 2017 (S.I. 2017/1322) (“the 2017 Regulations”). In order to give full effect to the policy intention and to correct errors in the 2017 Regulations.

The Climate Change Levy (General) (Amendment) Regulations 2018
These Regulations amend the Climate Change Levy (General) Regulations 2001 (SI 2001/838) (“the General Regulations”) from 1 April 2019 in relation to the formula used to calculate relief entitlement (“the Formula”).

The Waste Electrical and Electronic Equipment (Amendment) Regulations 2018
These Regulations amend the Waste Electrical and Electronic Equipment Regulations 2013 (S.I.2013/3113) (the “2013 Regulations”). The 2013 Regulations implement Directive 2012/19/EU of the European Parliament and of the Council on waste electrical and electronic equipment (“the WEEE Directive”).

The Environmental Permitting (England and Wales) (Amendment) Regulations 2018
The Environmental Permitting (England and Wales) Regulations 2016 (“the principal Regulations”) provide a consolidated regime of environmental permitting in England and Wales. They replaced the Environmental Permitting (England and Wales) Regulations 2010 and its amending instruments. Part 2 of these Regulations amends the principal Regulations to add provisions relating to medium combustion plants (“MCPs”).

The Town and Country Planning General (Amendment) (England) Regulations 2018
These Regulations further amend the Town and Country Planning General Regulations 1992 (“the 1992 Regulations”), for England only. Generally, planning permission enures for the benefit of the land. Regulation 9 of the 1992 Regulations (which applies in England and Wales) makes an exception where an interested planning authority grants itself planning permission for its own development. In such cases, the permission enures only for the benefit of the authority (or, in the case of joint development, the authority and the other person specified in the application for planning permission as the joint developer). For England, regulations 9A and 9AA of the 1992 Regulations disapply this exception in the case of some categories of authority.

The Fluorinated Greenhouse Gases (Amendment) Regulations 2018
These Regulations the Fluorinated Greenhouse Gases Regulations 2015 No. 310 (“2015 Regulations”). The 2015 regulations enforce the provisions of the EU Fluorinated Greenhouse Gases Regulation 517/2014 (“the EU Regulation”) in Great Britain.