Archive for March, 2017

Government publish Great Repeal Bill White Paper

The Government have published their Great Repeal Bill White Paper, which explains how the UK Government intends to manage legislation regarding the United Kingdom's withdrawal from the European Union. The Government intends to produce a Great Repeal Bill which will, where practical and appropriate, convert EU law into UK law from the day we leave the European Union.

The Great Repeal Bill will repeal the European Communities Act 1972 on the day we leave the EU. The European Communities Act 1972 is the principal piece of legislation that gives effect to EU law in the UK.

To achieve a stable transition on leaving the UK, the Government intends to convert the body of existing EU legislation into UK domestic law. This means that the same rules and laws will apply after we leave the EU as they did before. Parliament will then be able to decide upon which elements of that law to keep, amend or repeal once the UK has left the EU. The Bill intends to provide the UK Government with the necessary power to correct or remove legislation that would otherwise not function properly once the UK has left the EU.

Failure to convert existing EU law into domestic law at the same time of the repeal of the European Communities Act 1972 would create significant gaps in UK legislation. However, converting EU legislation into UK law is not enough, as some EU law will not achieve its desired legal effect. An example of this is where legislation refers to the involvement of an EU institution, or be reliant on access to an EU regime or system that the UK would no longer be a part of. Consequently when we leave the EU this legislation would no longer operate properly, so the Government must act to make sure domestic law continues to function once the UK leaves the EU.

Not all of these necessary changes will be incorporated into the Great Repeal Bill itself, this is due to time constraints and some of the changes not being best suited to inclusion in primary legislation. Some changes will be required for devolved law and it would be more appropriate that these changes are made by devolved institutions. Therefore the Bill will create power to correct legislation where necessary to rectify any problems that arise as a consequence of leaving the EU.

Three things the Great Repeal Bill will do:

  • repeal the European Communities Act 1972 and return power to UK institutions;
  • convert EU law as is stands at the moment of exit into UK law before we leave the EU, allowing businesses to continue operating knowing the rules have not significantly changed overnight;
  • create powers to make secondary legislation.

The Great Repeal Bill will convert the following into UK law:

  • directly applicable EU laws, EU Regulations;
  • rights in the EU Treaties that can be relied on directly in court by an individual;
  • make provisions that historic Court of Justice of the European Union (CJEU) case law be given the same binding or precedent status in our courts as decisions of our own Supreme Court.

The Great Repeal Bill will not aim to make major changes to policy or establish new legal frameworks in the UK beyond those that are necessary to make sure the law continues to function properly from the day we leave the EU. Therefore the Government will introduce a number of further Bills over the course of the next two years so we are prepared for withdrawal from the European Union.

For more information see:

Legislating for the United Kingdom's withdrawal from the European Union.

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What legislation would you revoke? Survey results!

PRESS INFORMATION

Our surveys say…

29 March 2017

Cedrec, the online legislation analysts, conducted two surveys, asking the question to both environmental and safety professionals: in a post-Brexit world, what legislation would you revoke?

It’s a fitting question giving the timing of the notification to withdraw from the EU and the new challenges and opportunities the UK faces in safeguarding and refining legislation across all industries.

The results, from a combined 355 survey responses, were interesting.

Safety

In Cedrec’s health and safety survey, which had 158 completed responses, the top three pieces of legislation respondents would revoke were the:

  • Display Screen Equipment (DSE) Regulations with 43%;
  • Electromagnetic Fields at Work (EMF) Regulations with 24%; and
  • Construction Design and Management (CDM) Regulations with 14.5.

Every piece of safety legislation suggested in the survey was selected by at least two or more respondents, fuelling the belief that the legislation needs an overhaul.

The comments provided were enlightening. Despite every piece of legislation offered on the survey being selected by some, others suggested it would be wrong, even foolish, to even consider getting rid of health and safety legislation.

Those who were for keeping the legislation varied from staunch supporters of the provisions in place, to those who believed the legislation could stand to be “watered down”.

Environment

On the environmental side of things, the top three pieces to be up for the cut were the:

  • Energy Savings Opportunity Scheme (ESOS) with 42%;
  • Carbon Reduction Commitment (CRC) with 34%;
  • Packaging Waste Regulations with 24.8%.

Unlike the suggested legislation on the safety survey, some pieces of environmental legislation escaped selection from all 197 environmental respondents.

They were the:

  • Contaminated Land Regulation;
  • Radioactive Substances legislation;
  • Air Quality Regulations.

A majority of comments from both professions vouched for the protection of all legislation, albeit with revisions and reviews. These kinds of adjustments or amendments are commonplace in legislation and it appears professionals in both sectors wish to see this continue as the UK makes its way out of the EU.

Disdain for ESOS was very apparent, along with the complexity of REACH – yet REACH, for all of its confusion, scraped only 11% in favour of abandoning it.

Both surveys suggest that, whilst legislation is difficult to work with, most respondents can freely admit that it is a necessity.

It is encouraging that the professionals of these sectors have a healthy respect for the majority of the legislation in place, even if it can be a pain.

Comments

Commenting on the results of the surveys, senior legal author at Cedrec, Neil Howe, wasn’t surprised.

 “The support, in particular, for core safety legislation is reassuring. We’ve always found that safety professionals understand the strength of UK legislation in their field, and that we really lead the way in occupational safety. This is backed up by 43% who have criticised the DSE Regulations; Legislation from 1992 that no longer reflects the needs of modern working requirements.

“Likewise with the environment, it’s not things like Permitting or Waste legislation that people think are too onerous or burdensome, its things like ESOS and CRC, which although claim to result in energy savings, are incredibly expensive to implement, with little real benefit to business.”                 

ENDS

Media contact: Amy Batch (amy@cedrec.com) 0191 490 6700 (ext. 6709).

More about Cedrec: Cedrec is an online comprehensive legislation resource for Environment, Safety, Planning and Energy legislation. Established in 1994, and regarded as one of the most accessible information sources in the market, Cedrec makes legislation simple.

At a glance:

  • North East-based Cedrec takes legislation from the UK and Europe and makes it easy to understand.
  • Specialising in both subscriptions and as consultants, they can help you with legal compliance if you have a management system like ISO 14001, ISO 50001, or OHSAS 18001 in place, or you’re working towards one.
  • Cedrec’s online system is updated daily as new legislation and policy comes in. As a subscriber, customers can locate and access all the information required using a unique structure, clear menus and custom built search engine.
  • A one-to-one consultancy service covers key aspects of management systems including legislation compliance reviews, registers of legislation, gap analysis, aspects and impacts and even desk research.
  • Cedrec Environment: Cedrec Environment provides Plain English information to stay up-to-date with ever changing environmental law and its implications. Cedrec Environment is beneficial to all organisations but especially those seeking to gain or maintain accreditation to ISO 14001 or similar environmental management systems.
  • Cedrec Safety: Arranged in an accessible format, Cedrec Safety provides a constant source of reference and assurance for all industries. This includes summaries, amended full text, ACOPs and Guidance for both members and non-members of IOSH.
  • Cedrec Planning: Offering advice and guidance to individuals, companies and organisations who are seeking planning permission for development projects to navigate the minefield of ever shifting UK planning law.
  • Cedrec Energy: If energy is one of your main costs and concerns, Cedrec Energy is for you. It provides you with a subject specific focus, and will be a crucial part of your ISO 50001 framework. 
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Planning (Hazardous Substances) (Amendment) Regulations SI 2017/365

These Regulations came into force on 6 April 2017 and apply to England only.
They amend the Planning (Hazardous Substances) Regulations SI 2015/627, to clarify a rule about how controlled quantities are calculated where two or more hazardous substances are present together but individually the amounts of those substances fall below…

Details on this legislative text is provided by Cedrec. Please click here to see the summary.

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Regulation (EU) 306/2017 (OJ:L48/1/2016) indicating design, construction and performance requirements and testing standards for marine equipment

This Regulation sets out the design, construction, performance requirements and the testing standards of marine equipment.
The types of marine equipment this Regulation applies to includes:

life-saving appliances;
marine pollution prevention;
fire protection equipment;
navigation equipment;
radio-communication equipment;
equipment required under International Regulations for Preventing Collisions at Sea (COLREG 72);
equipment under SOLAS Chapter 2-1 (Construction – subdivision and stability, machinery…

Details on this legislative text is provided by Cedrec. Please click here to see the summary.

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Health and Safety (Miscellaneous Amendments) Regulations SI 2017/238

These Regulations have been revoked by the Health and Safety (Miscellaneous Amendments and Revocation) Regulations SI 2017/304.
These Regulations came into force on 6 April 2017 and apply to England, Wales, Scotland and Northern Ireland.
They make amendments to various pieces of legislation relating to health and safety.
They amend the Natural Environment and…

Details on this legislative text is provided by Cedrec. Please click here to see the summary.

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Health and Safety (Miscellaneous Amendments and Revocation) Regulations SI 2017/304

These Regulations came into force on 6 April 2017 and apply to England, Wales, Scotland and Northern Ireland.
They revoke and replace the Health and Safety (Miscellaneous Amendments) Regulations SI 2017/238. Those Regulations contained errors in the numbering of their individual regulations. The amendments which were to be made by those…

Details on this legislative text is provided by Cedrec. Please click here to see the summary.

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Regulation (EU) 408/2017 (OJ:L63/91/2017) approving the low-risk active substance Mild Pepino Mosaic Virus isolate VC1, in accordance with Regulation (EC) 1107/2009 concerning the placing of plant protection products on the market, and amending the Annex to Regulation (EU) 540/2011

This Regulation approves the low risk active substance Mild Pepino Mosaic Virus isolate VC1 subject to conditions.
In doing so, it amends the Annex to Regulation (EU) 540/2011, which contains the list of approved active substances, in order to add Mild Pepino Mosaic Virus isolate VC1 to that list.
Legislative background
In December 2013 an…

Details on this legislative text is provided by Cedrec. Please click here to see the summary.

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Regulation (EU) 359/2017 (OJ:L54/8/2017) amending Regulation (EU) 540/2011 as regards the conditions of approval of the active substance oxyfluorfen

This Regulation amends the Annex to Regulation (EU) 540/2011, implementing Regulation (EC) 1107/2009 as regards the conditions of approval of the active substance oxyfluorfen.
Legislative background
The active substance oxyfluorfen was included in Annex 1 to Directive 91/414/EEC, on the placing of plant protection products on the market, by Directive 2008/127/EC. Since the replacement of…

Details on this legislative text is provided by Cedrec. Please click here to see the summary.

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Regulation (EU) 406/2017 (OJ:L63/83/2017) approving the low-risk active substance Mild Pepino Mosaic Virus isolate VX1, in accordance with Regulation (EC) 1107/2009 concerning the placing of plant protection products on the market, and amending the Annex to Regulation (EU) 540/2011

This Regulation approves the low risk active substance Mild Pepino Mosaic Virus isolate VX1 subject to conditions.
In doing so, it amends the Annex to Regulation (EU) 540/2011, which contains the list of approved active substances, in order to add Mild Pepino Mosaic Virus isolate VX1 to that list.
Legislative background
In December 2013…

Details on this legislative text is provided by Cedrec. Please click here to see the summary.

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Regulation (EU) 358/2017 (OJ:L54/6/2017) confirming the conditions of approval of the active substance acrinathrin, as set out in Regulation (EU) 540/2011

This Regulation confirms the conditions of approval of the active substance acrinathrin, as set out in Regulation (EU) 540/2011, implementing Regulation (EC) 1107/2009 as regards the list of approved active substances.
The conditions of approval of the active substance acrinathrin, as set out in the Annex to Regulation (EU) 540/2011, are confirmed.
Legislative…

Details on this legislative text is provided by Cedrec. Please click here to see the summary.

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