Archive for March, 2014

Explosives (Hazard Information and Packaging for Supply) (Amendment) Regulations (Northern Ireland) SR 2014/26

These Regulations have been revoked by the Explosives (Hazard Information and Packaging for Supply) (Amendment No. 2) Regulations (Northern Ireland) SR 2014/47.
These Regulations came into force on 1 March 2014 and apply to Northern Ireland only.
They amend the Explosives (Hazard Information and Packaging for Supply) Regulations (Northern Ireland) SR 2009/273…

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Explosives (Hazard Information and Packaging for Supply) (Amendment No. 2) Regulations (Northern Ireland) SR 2014/47

These Regulations came into force into force on 28 February 2014 and apply to Northern Ireland only.
They replace a reference in the Explosives (Hazard Information and Packaging for Supply) Regulations (Northern Ireland) SR 2009/273 to Regulation (EC) 689/2008, on the export and import of dangerous chemicals, with references to Regulation…

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Town and Country Planning (Hazardous Substances) (Scotland) Amendment Regulations SSI 2014/51

These Regulations came into force on 29 March 2014 and apply to Scotland only.
They implement a provision of Directive 2012/18/EU, on the control of major-accident hazards involving dangerous substances, by inserting “heavy fuel oils” to the list of hazardous substances and controlled quantities in Schedule 1 to the Town and…

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Planning (Hazardous Substances) (Amendment) (Wales) Regulations SI 2014/375

These Regulations came into force on 14 March 2014 and apply to Wales only.
They contribute towards the implementation, in relation to Wales, of Directive 2012/18/EU, on the control of major-accident hazards involving dangerous substances.
Legislative background
Directive 2012/18/EU deals with uncertainty in relation to the classification of heavy fuel oils, by adding…

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Draft Deregulation Bill published

The Draft Deregulation Bill has been published, and is the latest step in the Government's ongoing drive to remove unnecessary bureaucracy in law and regulation.

The Bill includes measures relating to the use of land, housing, transport, communications, the environment, education and training, entertainment, public authorities and the administration of justice. It will also revoke legislation that is now considered redundant.

It forms part of the Government's commitment to reduce the overall burden of regulation and many of its measures have arisen from their “Red Tape Challenge” programme, which sought the views of businesses and the public on the removal and reform of areas of regulation.

Such measures include:

  • self-employed people operating in low-risk occupations will be exempt from the general duty across the UK to conduct their undertaking in a way that avoids risk to others' health and safety;
  • the Local Air Quality Management regime in England and Wales, under which local authorities control air pollution, will be amended to reduce the burden on them;
  • the power of local authorities to create noise abatement zones will be scrapped across the UK, because local authorities mainly use planning, licensing and statutory nuisance laws to control noise pollution;
  • local authorities will no longer have the power to form Joint Waste Authorities in England, although they will be able to do so informally should they wish;
  • the Secretary of State will no longer be required to publish reports and targets relating to energy efficiency and micro-generation in England and Wales; 
  • regulators, such as the Environment Agency, Natural England and the Health and Safety Executive, will be required to promote economic growth;

Where the above do not apply to Scotland, the separate Regulatory Reform (Scotland) Act 2014 proposes similar duties on the Scottish Environment Protection Agency (SEPA).

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Building Regulations &c. (Amendment No. 3) and Domestic Fire Safety (Wales) Regulations SI 2013/2730

These Regulations begin to come into force on 30 April 2014 and apply to Wales only (but not to excepted energy buildings in Wales). They will come fully into force on 1 January 2016.
They amend the Building Regulations SI 2010/2214 in order to make sure that when:

care homes;
rooms for residential…

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Health and Safety (Miscellaneous Repeals and Revocations) Regulations SI 2014/486

These Regulations will come into force on 6 April 2014 and apply to England, Scotland and Wales.
They are made in accordance with the Health and Safety at Work etc. Act 1974 and contain amendments and revocations to health and safety legislation.
Revocations and amendments
These Regulations revoke the:

Factories Act (Docks, Building and…

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Draft Deregulation Bill

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Sixth Corporate Manslaughter conviction

The director of a road sweeping company has been fined for safety offences after a worker was killed.

Malcolm Hinton died in 2012 when a raised hopper for collecting dirt fell on top of him at a Mobile Sweepers (Reading) Ltd depot in Headley, Hampshire.

Mervyn Owens was fined £183,000 after he admitted a charge under the Health and Safety at Work etc Act 1974. The company also pleaded guilty to breaching the Corporate Manslaughter and Corporate Homicide Act 2007, for which they were fined £8,000, with £4,000 costs. Mr Owens was also disqualified from holding the position of company director for five years.

Mr Hinton was crushed on 6 March 2012 when the hopper fell back after losing hydraulic pressure. A joint police and Health and Safety Executive (HSE) investigation found a prop designed to take the weight of the hopper when it was raised in the tipping position could not be used due to poor maintenance.

Speaking after the sentencing at Winchester Crown Court, HSE principal inspector Steve Hull said Mr Hinton's death was “wholly avoidable”. He continued, “planned preventive maintenance procedures should be in place for all work vehicles to ensure they are kept in good condition”.

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Fire and Rescue Services (Appointment of Inspector) (Wales) Order SI 2013/3155

This Order came into force on 12 December 2013 and applies to Wales only.
It is made in accordance with the Fire and Rescue Services Act 2004 and appoints Lee Thomas Howell as an inspector under that Act.
The inspector is appointed in order to obtain information about the manner in which…

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