New Legislation in April
Added on: 30/04/2018
Some of the new legislation that has come into force in April 2018 icludes:
The Ionising Radiation (Basic Safety Standards) (Miscellaneous Provisions) Regulations 2018
These Regulations are part of a package of measures to transpose Council Directive 2013/59/Euratom laying down basic safety standards for protection against the dangers arising from exposure to ionising radiation (“the Basic Safety Standards Directive”).
The Nuclear Security (Secretary of State Security Directions) Regulations 2018
These Regulations provide for the Secretary of State to give a direction (a “security direction”) in response to certain types of urgent security threat.
The Secretary of State may direct those persons responsible for a civil nuclear site, nuclear or other radioactive material stored on part of a nuclear site, a nuclear construction site or other nuclear premises, the transport of nuclear material, or those persons holding sensitive nuclear information or equipment or software relating to uranium enrichment.
The Plant Health (Scotland) Amendment Order 2018
This instrument amends the Plant Health (Scotland) Order 2005 (S.S.I. 2005/613) (‘the PH Order’).
The PH order contains measures to prevent the introduction and spread of harmful plant pests and diseases and transposes Council Directive 2000/29/EC on protective measures against the introduction into the European Union of organisms harmful to plants or plant products and against their spread within the Union (“the PH Directive”).
The Regulatory Reform (Fire Safety) (Custodial Premises) Subordinate Provisions Order 2018
This Order amends the Regulatory Reform (Fire Safety) Order 2005 (‘the FSO’) to provide for inspectors appointed or persons authorised by the Secretary of State under article 25(1)(e) to be the sole enforcing authorities for compliance with the FSO’s provisions in all custodial premises in England and Wales for which the government is responsible, irrespective of whether they are Crown or privately owned or occupied.
The Justification of Practices Involving Ionising Radiation (Amendment) Regulations 2018
These Regulations amend the Justification of Practices Involving Ionising Radiation Regulations 2004 (the “2004 Regulations”) in order to transpose new requirements contained in the European Council Directive 2013/59/Euratom, commonly referred to as the Basic Safety Standards Directive (the “Directive”). The Directive lays down basic safety standards for the protection against the dangers arising from exposure to ionising radiation.
The Radioactive Contaminated Land (Enabling Powers and Modification of Enactments) (England) (Amendment) Regulations 2018
These Regulations amend the Radioactive Contaminated Land (Enabling Powers) (England) Regulations 2005 (“the 2005 Regulations”) and the Radioactive Contaminated Land (Modification of Enactments) (England) Regulations 2006 (“the 2006 Regulations”) to extend the modifications made to Part 2A of the Environmental Protection Act 19903 by those two instruments.
The Water Act 2014 (Commencement No. 11) Order 2018
This Order commences a provision of the Water Act 2014 (c. 21) (“the 2014 Act”).
Article 2 brings into force section 8 of the 2014 Act in relation to bulk supply agreements to which all parties are (or would be) a water undertaker whose area is wholly or mainly in England. Section 8 substitutes sections 40 and 40A of the Water Industry Act 1991 (c. 56) with new sections 40 to 40J.
The Housing and Planning Act 2016 (Commencement No. 8) Regulations 2018
These Regulations bring into force all those provisions of Part 2 of, and Schedules 1 to 3 to, the Housing and Planning Act 2016 (c. 22) (“the Act”) which are not already in force. These relate to rogue landlords and property agents in England.
The Landfill Tax (Disposals of Material) Order 2018
This Order gives effect to certain exemptions to Landfill Tax under amendments made to the Finance Act 1996 (c. 8) by section 42 of, and Schedule 12 to, the Finance Act 2018 (c. 3).
The Aggregates Levy (General) (Amendment) Regulations 2018
These Regulations amend the Aggregates Levy (General) Regulations 2002 (S.I. 2002/761) (“the General Regulations”) as a consequence of changes to the scope of Landfill Tax.
The Landfill Tax (Miscellaneous Provisions) Regulations 2018
These Regulations amend the Landfill Tax Regulations 1996 in order to make those Regulations compatible with the extension of liability to Landfill Tax to unauthorised sites.
Regulation 2, which is made by HM Treasury makes provision for certain disposals of material made at unauthorised landfill sites to be exempt from the extension of Landfill Tax to such sites otherwise effected by amendments made to the Finance Act 1996 (FA 1996) by the Finance Act 2018 (FA 2018).
Finance Act 2018
Part 2 of the Finance Act 2018 makes provision about landfill tax, including provision for disposals of material elsewhere than at landfill sites to be chargeable.
The Act amends the Finance Act 1996 so that a "Taxable disposal" is a defined as one which takes place where material is disposed of and either the disposal is made at a landfill site or the disposal requires a permit or licence but is not made at a landfill site.
The Gas Appliances (Enforcement) and Miscellaneous Amendments Regulations 2018
These Regulations provide for the enforcement of Regulation (EU) 2016/426 on appliances burning gaseous fuels (“EU Gas Appliances Regulation”).
The EU Gas Appliances Regulation repeals and replaces Council Directive 2009/142/EC relating to appliances burning gaseous fuels which was implemented in the United Kingdom by the Gas Appliances (Safety) Regulations 1995 (S.I. 1995/1629) (as amended)). These Regulations revoke SI 1995/1629 with savings.
The Digital Economy Act 2017 (Commencement No. 4) Regulations 2018
These Regulations bring into force specified provisions in Part 5 (Digital Government) of the Digital Economy Act 2017 (c.30), which provide information-sharing powers for public authorities and other persons, and access to information for the Statistics Board (which is usually known as the UK Statistics Authority).
The Renewable Transport Fuels and Greenhouse Gas Emissions Regulations 2018
The purpose of these Regulations is to amend:
a) The Renewable Transport Fuel Obligations Order 2007 as amended (SI 2007/3072) (the “RTFO Order”)
b) The Motor Fuel (Road Vehicle and Mobile Machinery) Greenhouse Gas Emissions Reporting Regulations 2012 (SI 2012/3030) (the “2012 Regulations”);
c) Section 132 of the Energy Act 2004 as amended.
The Natural Mineral Water, Spring Water and Bottled Drinking Water (England) (Amendment) Regulations 2018
These Regulations (‘the 2018 Regulations’) amend the Natural Mineral Water, Spring Water and Bottled Drinking Water (England) Regulations 2007 (S.I. 2007/2785), as amended (‘the 2007 Regulations’), which govern the exploitation, bottling and marketing of natural mineral water, spring water and other bottled drinking water.
The Plant Health (England) (Amendment) (No. 2) Order 2018
This Order amends the Plant Health (England) Order 2015 (S.I. 2015/610) to implement: - Commission Implementing Directive (EU) 2017/1920 amending Annex IV to Council Directive 2000/29/EC and others
The Tax Collection and Management (Landfill Disposals Tax Records) (Wales) Regulations 2018 / Rheoliadau Casglu a Rheoli Trethi (Cofnodion Treth Gwarediadau Tirlenwi) (Cymru) 2018
These Regulations make provision about the records which must be preserved by a person who carries out taxable operations in relation to landfill disposals tax under section 38 of the Tax Collection and Management (Wales) Act 2016.
The Environmental Permitting (England and Wales) (Amendment) (No. 2) Regulations 2018
These Regulations are part of a package of measures to transpose Council Directive 2013/59/Euratom laying down basic safety standards for protection against the dangers arising from exposure to ionising radiation and repealing Council Directive 89/618/Euratom, 90/641/ Euratom, 96/29/Euratom, 97/43/Euratom and 2003/122/Euratom (the Basic Safety Standards Directive).