Archive for March, 2015

Protected Disclosures (Extension of Meaning of Worker) Order SI 2015/491

This Order came into force on 6 April 2015 and applies to England, Scotland and Wales.
It amends the Employment Rights Act 1996, to extend the meaning of a worker in relation to protected disclosures.
The effect of the amendments are that student nurses and student midwives who undertake work experience as…

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Pressure Equipment (Amendment) Regulations SI 2015/399

These Regulations come into force on 1 June 2015 and apply to England, Scotland, Wales and Northern Ireland.
They amend the Pressure Equipment Regulations SI 1999/2001, in order to implement requirements of Directive 2014/68/EU on the making available on the market of pressure equipment.
The definitions for “fluid in group 1” and…

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Planning (Hazardous Substances) Regulations (Northern Ireland) SR 2015/61

These Regulations came into force on 1 April 2015 and apply to Northern Ireland only.
They specify the substances which are hazardous substances for the purposes of the Planning Act (Northern Ireland) 2011 and the controlled quantities of those substances.
These Regulations also set out the procedure for applications for hazardous substances consent and the…

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Planning (Fees) Regulations (Northern Ireland) SR 2015/73

These Regulations came into force on 1 April 2015 and apply to Northern Ireland only.
They set the fee payable in respect of applications made under the Planning Act (Northern Ireland) 2011.
Only a small part of it has any relevance to health and safety and the environment, and specifically the provisions…

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Planning (2011 Act) (Commencement No.3) and (Transitional Provisions) Order (Northern Ireland) SR 2015/49

This Order brought into force various provisions of the Planning Act (Northern Ireland) 2011 on 13 February 2015 with further provisions on 1 April 2015.
The provisions relating to:

functions of the Department of the Environment (DoE NI) with respect to the development of land;
local development plans;
additional planning control;
enforcement;
compensation;
purchase of estates in…

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CDM ACoP may “never come” says HSE

On 6 April 2015, the current ACOP on CDM 2007 (L144 – Managing health and safety in construction) will be withdrawn. It has long been assumed a replacement will be produced alongside the new CDM Regulations.

However, the Health and Safety Executive (HSE) admits that it might never replace the outgoing ACOP and has said that guidance is “still on the table”.

It is important to note that Anthony Lees, HSE head of construction policy, made clear he was not ruling out an ACOP completely, saying such a statement would “not be appropriate at that stage”.

The options available include a “minimalist ACOP”, an ACOP based on the L series and finally, no ACOP.

Cedrec's take

The lack of an ACOP is definitely a strange concept. The CDM ACOP was staple with the Regulations themselves, so the idea that not only are new Regulations going to come in, they will come in without the solid guidance of an ACOP.

ACOPs are useful, because, short of being legislation, they are referenced in courts of law and by professionals across a range of industries. They are informed pieces of guidance, written for the purpose of following the Regulations to the standard of compliance.

The thought of not having this clear-cut source of information and advice is a little odd, and hopefully any alternative that is ultimately settled upon will be up to the task of aiding those who need to comply, not hinder them.

For more information, see the:

  • Construction (Design and Management) Regulations SI 2015/51.
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Passenger and Goods Vehicles (Recording Equipment) (Downloading of Data) Regulations SI 2015/502

These Regulations came into force on 6 April 2015 and apply to England, Scotland and Wales.
They amend the Transport Act 1968, to provide that, where a transport undertaking is required by Regulation (EC) 561/2006, on the harmonisation of certain social legislation relating to road transport, to ensure that data is…

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Safety pram ban

A Sure Start centre in Darlington has apparently banned parents from taking prams into the centre on the grounds of health and safety, requiring, instead, that the prams are left outside. Following the results of a risk assessment, parents are now handed bicycle locks and told to chain prams up outside the building.

This has led to obvious concerns for parents over the possible theft of, or damage to, prams and buggies whilst they are left outside. Additionally, it means parents must now place their babies into cold prams when they are ready to leave the centre.

Jenny Chapman, MP for Darlington, said, “I'm sure there were sound practical reasons for suggesting the rule but we need to make sure nothing puts parents off accessing services.”

Whilst Darlington Borough Council have said they will be making further enquiries into the matter, Council member Jenni Cooke said, “We haven't banned people from bringing prams and buggies into the centre but it is a question of safety for everyone who uses it. We've asked people to use their judgement, particularly at busy times, and park their prams and buggies in the covered, on-site buggy park and will provide locks and help people get in and out of the centre if they need help.”

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Children (Performances and Activities) (Scotland) Regulations SI 2014/372

These Regulations came into force on 20 February 2015 and apply to Scotland only.
They set out the requirements in relation to:

applications made to local authorities in Scotland for, and the conditions and restrictions that apply to, licences for performances and activities granted;
performances for which a licence is not required,

under the…

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Fire and Rescue Authorities (Performance Indicators) (Wales) Order SI 2015/604

This Order came into force on 1 April 2015 and applies to Wales only.
It revokes and replaces the Fire and Rescue Authorities (Performance indicators) (Wales) Order SI 2011/558 and specifies a new set of performance indicators against which fire and rescue authorities in Wales will be measured when carrying out…

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