News

The first batch of proposed legislation for the Secondary Legislation Scrutiny Committee to consider have been published.

These proposed Statutory Instruments (SIs) are the start of a series of proposed legislative changes that will be necessary for when the UK leaves the European Union on "exit day". Prior to being implemented into law, these SIs will pass through the newly established Secondary Legislation Scrutiny Committees. Each House will have its own designated Committees.

The Committees will be taking up the role of "sifting" through proposed negative instruments following the passing of the European Union (Withdrawal) Act 2018.

The European Union (Withdrawal) Act 2018 gives Ministers wide powers to make Regulations to deal with the deficiencies in retained EU law which will result from the UK's withdrawal from the EU. It allows them a choice of procedure and most Regulations will first be laid as "proposed negative instruments", which after a "sifting" process, will be laid as SIs.

The process

How the process will work:

  • Ministers will propose negative instruments for consideration;
  • the Committees will have 10 days, starting the day after the proposed negative instrument is laid to scrutinise the proposed legislation and make their recommendations;
  • if either Committee recommends a proposed negative instrument should be upgraded to an affirmative procedure, the Minister may either accept or reject the recommendation, and if rejected give a written statement explaining why;
  • any instruments recommended for upgrade will be listed online.

What are negative instruments?

Negative instruments are made by a Minister before they are laid before Parliament, and they come into force generally 21 days after being laid.

To prevent a negative instrument coming into force or remaining in force, a motion to annul it has to be agreed by the Parliament in the Chamber no later than 40 days after the instrument was laid. If no such motion is made, the instrument automatically becomes law.

This process is different to the affirmative procedure where an instrument will usually first be presented in draft format and will not come into force until it has been approve by Parliament.

The current proposed negative statutory instruments relevant to health, safety and environmental legislation are the:

Published statutory instruments

As time goes on, the negative instruments will be laid before Parliament and then passed into law. The following list shows the confirmed statutory instruments that will come into force on exit day, which is 29 March 2019 at 11pm:

  • Vehicle Drivers (Certificates of Professional Competence) (Amendment) (EU Exit) Regulations SI 2018/1004;
  • Timber and Timber Products and FLEGT (EU Exit) Regulations SI 2018/1025;
  • Seal Products (Amendments) (EU Exit) Regulations SI 2018/1034;
  • Feed-in Tariffs and Contracts for Difference (Amendment) (EU Exit) Regulations SI 2018/1092;
  • Electricity (Guarantees of Origin of Electricity Produced from Renewable Energy Sources) (Amendment) (EU Exit) Regulations SI 2018/1093;
  • Merchant Shipping (Monitoring, Reporting and Verification of Carbon Dioxide Emissions) (Amendment) (EU Exit) Regulations SI 2018/1388;
  • Animal By-Products and Transmissible Spongiform Encephalopathies (England) (Amendment) (EU Exit) Regulations SI 2018/1120;
  • Rail Passengers’ Rights and Obligations (Amendment) (EU Exit) Regulations 2018 SI 2018/1165;
  • Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Miscellaneous Amendments) (EU Exit) Regulations SI 2018/1202;
  • Merchant Shipping (Miscellaneous Provisions) (Amendments etc.) (EU Exit) Regulations SI 2018/1221;
  • Environmental Assessments and Miscellaneous Planning (Amendment) (EU Exit) Regulations SI 2018/1232;
  • Planning (Hazardous Substances and Miscellaneous Amendments) (EU Exit) Regulations SI 2018/1234;
  • Planning (Environmental Assessments and Miscellaneous Amendments) (EU Exit) (Northern Ireland) Regulations SI 2018/1235;
  • Ionising Radiation (Basic Safety Standards) (Miscellaneous Provisions) (Amendment) (EU Exit) Regulations SI 2018/1278;
  • Electricity and Gas (Powers to Make Subordinate Legislation) (Amendment) (EU Exit) Regulations SI 2018/1286;
  • Pipe-lines, Petroleum, Electricity Works and Oil Stocking (Miscellaneous Amendments) (EU Exit) Regulations SI 2018/1325;
  • CRC Energy Efficiency Scheme (Amendment) (EU Exit) Regulations SI 2018/1336;
  • INSPIRE (Amendment) (EU Exit) Regulations SI 2018/1338;
  • Energy Savings Opportunity Scheme (Amendment) (EU Exit) Regulations SI 2018/1342;
  • Health and Safety (Amendment) (EU Exit) Regulations SI 2018/1370;
  • Health and Safety (Amendment) (Northern Ireland) (EU Exit) Regulations SI 2018/1377;
  • Marine Environment (Amendment) (EU Exit) Regulations SI 2018/1399;
  • Merchant Shipping (Accident Reporting and Investigation) and the Railways (Accident Investigation and Reporting) (Amendment) (EU Exit) Regulations SI 2018/1400;
  • Persistent Organic Pollutants (Amendment) (EU Exit) Regulations SI 2018/1405;
  • Air Quality (Miscellaneous Amendment and Revocation of Retained Direct EU Legislation) (EU Exit) Regulations SI 2018/1407;
  • Trade in Endangered Species of Wild Fauna and Flora (Amendment) (EU Exit) Regulations SI 2018/1408;
  • Aquatic Animal Health and Alien Species in Aquaculture (EU Exit) (Scotland) (Amendment) Regulations SSI 2019/9;
  • Fisheries (EU Exit) (Scotland) (Amendment) Regulations SSI 2019/24;
  • Ionising Radiation (Environmental and Public Protection) (Miscellaneous Amendments) (EU Exit) Regulations SI 2019/24;
  • Environment, Food and Rural Affairs (Environmental Impact Assessment) (Amendment) (EU Exit) Regulations SI 2019/25;
  • Environment (EU Exit) (Scotland) (Amendment etc.) Regulations SSI 2019/26;
  • Drainage (Environmental Impact Assessment) (Amendment) (Northern Ireland) (EU Exit) Regulations SI 2019/31;
  • Water and Floods (Amendment) (Northern Ireland) (EU Exit) Regulations SI 2019/32;
  • Renewables Obligation (Amendment) (EU Exit) Regulations SI 2019/35;
  • Environmental Permitting (England and Wales) (Amendment) (EU Exit) Regulations SI 2019/39;
  • Marine Environment (EU Exit) (Scotland) (Amendment) Regulations SSI 2019/55;
  • Genetically Modified Organisms (EU Exit) (Scotland) (Amendment) Regulations SSI 2019/57;
  • Air Quality (Amendment of Domestic Regulations) (EU Exit) Regulations SI 2019/74;
  • Town and Country Planning and Electricity Works (EU Exit) (Scotland) (Miscellaneous Amendments) Regulations SSI 2019/80;
  • Wildlife and Countryside Act 1981 (EU Exit) (Scotland) (Amendment) Regulations SSI 2019/84;
  • Genetically Modified Organisms (Amendment) (England) (EU Exit) Regulations SI 2019/88;
  • Genetically Modified Organisms (Amendment) (EU Exit) Regulations SI 2019/90;
  • Animal By-Products and Transmissible Spongiform Encephalopathies (Miscellaneous Amendments) (Wales) (EU Exit) Regulations SI 2019/94;
  • Control of Mercury (Amendment) (EU Exit) Regulations SI 2019/96;
  • INSPIRE (EU Exit) (Scotland) (Amendment) Regulations SSI 2019/103;
  • Greenhouse Gas Emissions Trading Scheme (Amendment) (EU Exit) Regulations SI 2019/107;
  • Pesticides (Amendment) (Northern Ireland) (EU Exit) Regulations SI 2019/118;
  • Water (Amendment) (Northern Ireland) (EU Exit) Regulations SI 2019/112;
  • Conservation (Natural Habitats, &c.) (EU Exit) (Scotland) (Amendment) Regulations SSI 2019/113;
  • Radioactive Contaminated Land (Modification of Enactments) (Wales) (Amendment) (EU Exit) Regulations SI 2019/114;
  • Marketing of Seeds and Plant Propagating Material (Amendment) (England and Wales) (EU Exit) Regulations SI 2019/131;
  • Export Control (Amendment) (EU Exit) Regulations SI 2019/137;
  • Transfrontier Shipment of Radioactive Waste and Spent Fuel (EU Exit) Regulations SI 2019/156;
  • Waste (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations SI 2019/188;
  • Genetically Modified Organisms (Amendment) (Northern Ireland) (EU Exit) Regulations SI 2019/190;
  • Nuclear Safeguards (EU Exit) Regulations SI 2019/196;
  • Metrology, Health and Safety and Product Safety (Amendment) (Northern Ireland) (EU Exit) Regulations SI 2019/202;
  • Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations SI 2019/223;
  • Environmental Damage (Prevention and Remediation) (Wales) (Amendment) (EU Exit) Regulations SI 2019/244;
  • Environmental Assessment of Plans and Programmes and the Environmental Impact Assessment (Miscellaneous Amendments) (Wales) (EU Exit) Regulations SI 2019/245;
  • Environmental Noise (Wales) (Amendment) (EU Exit) Regulations SI 2019/247;
  • Merchant Shipping (Recognised Organisations) (Amendment) (EU Exit) Regulations SI 2019/270;
  • Waste (Miscellaneous Amendments) (Northern Ireland) (EU Exit) Regulations SI 2019/271;
  • Animal By-Products and Transmissible Spongiform Encephalopathies (Amendment) (Northern Ireland) (EU Exit) Regulations SI 2019/273;
  • Ship Recycling (Facilities and Requirements for Hazardous Materials on Ships) (Amendment) (EU Exit) Regulations SI 2019/277;
  • Environmental Impact Assessment (Amendment) (Northern Ireland) (EU Exit) (No. 2) Regulations SI 2019/279;
  • Fluorinated Greenhouse Gases and Ozone-Depleting Substances (Amendment) (Northern Ireland) (EU Exit) Regulations SI 2019/281;
  • Environmental Protection (Amendment) (Northern Ireland) (EU Exit) Regulations SI 2019/289;
  • Pesticides and Fertilisers (Miscellaneous Amendments) (EU Exit) Regulations SI 2019/306;
  • Merchant Shipping and Other Transport (Environmental Protection) (Amendment) (EU Exit) Regulations SI 2019/311;
  • Railways (Interoperability) (Amendment) (EU Exit) Regulations SI 2019/345;
  • Fisheries and Marine Management (Amendment) (Wales) (EU Exit) Regulations SI 2019/370;
  • Roads (Environmental Impact Assessment) (Amendment) (Northern Ireland) (EU Exit) Regulations SI 2019/377;
  • Genetically Modified Organisms (Deliberate Release and Transboundary Movement) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations SI 2019/379;
  • Air Quality Standards (Wales) (Amendment) (EU Exit) Regulations SI 2019/390;
  • Waste (Wales) (Miscellaneous Amendments) (EU Exit) Regulations SI 2019/414;
  • Aquatic Animal Health and Alien Species in Aquaculture (Amendment etc.) (EU Exit) Regulations SI 2019/451;
  • Aquatic Animal Health and Alien Species in Aquaculture (Amendment) (England and Wales) (EU Exit) Regulations SI 2019/452;
  • Drivers’ Hours and Tachographs (Amendment etc.) (EU Exit) Regulations SI 2019/453;
  • Town and Country Planning (Miscellaneous Amendments) (Wales) (EU Exit) Regulations SI 2019/456;
  • Environment (Amendment etc.) (EU Exit) Regulations SI 2019/458;
  • Flood and Water (Amendments) (England and Wales) (EU Exit) Regulations SI 2019/460;
  • Construction Products (Amendment etc.) (EU Exit) Regulations SI 2019/465;
  • Merchant Shipping (Marine Equipment) (Amendment etc.) (EU Exit) Regulations SI 2019/470;
  • Environment and Wildlife (Legislative Functions) (EU Exit) Regulations SI 2019/473;
  • Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment) (EU Exit) Regulations SI 2019/490;
  • Railways (Access, Management and Licensing of Railway Undertakings) (Amendments etc.) (EU Exit) Regulations SI 2019/518;
  • Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations SI 2019/530;
  • Gas (Security of Supply and Network Codes) (Amendment) (EU Exit) Regulations SI 2019/531;
  • Electricity Network Codes and Guidelines (Markets and Trading) (Amendment) (EU Exit) Regulations SI 2019/532;
  • Electricity Network Codes and Guidelines (System Operation and Connection) (Amendment etc.) (EU Exit) Regulations SI 2019/533;
  • Electricity and Gas (Market Integrity and Transparency) (Amendment) (EU Exit) Regulations SI 2019/534;
  • Employment Rights (Amendment) (EU Exit) Regulations SI 2019/535;
  • Employment Rights (Amendment) (Northern Ireland) (EU Exit) Regulations SI 2019/537;
  • Ecodesign for Energy-Related Products and Energy Information (Amendment) (EU Exit) Regulations SI 2019/539;
  • Storage of Carbon Dioxide (Amendment and Power to Modify) (EU Exit) Regulations SI 2019/544;
  • Road Vehicle Emission Performance Standards (Cars and Vans) (Amendment) (EU Exit) Regulations SI 2019/550;
  • Pesticides (Maximum Residue Levels) (Amendment etc.) (EU Exit) Regulations SI 2019/557;
  • Environment (Miscellaneous Amendments and Revocations) (EU Exit) Regulations SI 2019/559;
  • Floods and Water (Amendment etc.) (EU Exit) Regulations SI 2019/558;
  • Shipments of Radioactive Substances (EU Exit) Regulations SI 2019/571;
  • Conservation of Habitats and Species (Amendment) (EU Exit) Regulations SI 2019/579;
  • Aquatic Animal Health and Alien Species in Aquaculture (Amendment) (Northern Ireland) (EU Exit) Regulations SI 2019/581;
  • Conservation (Natural Habitats, etc.) (Amendment) (Northern Ireland) (EU Exit) Regulations SI 2019/582;
  • Ozone-Depleting Substances and Fluorinated Greenhouse Gases (Amendment etc.) (EU Exit) Regulations SI 2019/583;
  • Environment (Miscellaneous Amendments) (Northern Ireland) (EU Exit) Regulations SI 2019/584;
  • International Waste Shipments (Amendment) (EU Exit) Regulations SI 2019/590;
  • Drivers’ Hours and Tachographs (Amendment) (EU Exit) (No. 2) Regulations SI 2019/596;
  • Fertilisers and Ammonium Nitrate Material (Amendment) (EU Exit) Regulations SI 2019/601;
  • Waste (Miscellaneous Amendments) (EU Exit) Regulations SI 2019/620;
  • European Union (Withdrawal) Act 2018 (Consequential Modifications and Repeals and Revocations) (EU Exit) Regulations SI 2019/628;
  • Merchant Shipping (Standards of Training, Certification and Watchkeeping) (Amendment) (EU Exit) Regulations SI 2019/630;
  • Aviation Noise (Amendment) (EU Exit) Regulations SI 2019/643;
  • Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment) (EU Exit) Regulations SI 2019/648;
  • Detergents (Amendment) (EU Exit) Regulations SI 2019/672;
  • Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations SI 2019/696;
  • Railway (Licensing of Railway Undertakings) (Amendment etc.) (EU Exit) Regulations SI 2019/700;
  • Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations SI 2019/708;
  • Common Agricultural Policy and Agriculture and Horticulture Development Board (Amendment etc.) (EU Exit) Regulations SI 2019/733;
  • REACH etc. (Amendment etc.) (EU Exit) Regulations SI 2019/758;
  • Animal Health, Seed Potatoes and Food (Amendment) (Northern Ireland) (EU Exit) Regulations SI 2019/962;
  • Aviation Safety (Amendment etc.) (EU Exit) (No. 2) Regulations SI 2019/1098;
  • Agriculture, Environment and Rural Affairs (Amendment) (Northern Ireland) (EU Exit) Regulations SI 2019/1101;
  • Electricity Network Codes and Guidelines (System Operation and Connection) (Amendment etc.) (EU Exit) (No. 2) Regulations SI 2019/1104;
  • REACH etc. (Amendment etc.) (EU Exit) (No. 3) Regulations SI 2019/1144.

We will keep this page updated with all the latest developments and proposed negative statutory instruments so you can keep track of any upcoming changes.

The European Commission is seeking views of the public on how well Directive 2000/53/EC on end-of-life vehicles is working and whether the rules it sets out are delivering the expected benefits for the environment.

Scope

Every year, millions of vehicles in Europe reach end-of-life (ELV) status. If such vehicles are not managed properly, they can pose a threat to the environment as well as waste vast amounts of materials that could be re-used.

Directive 2000/53/EC aims to prevent waste from vehicles and sets out measures for the reuse, recycling and other forms of recovery of end-of-life vehicles and their components, which will reduce the disposal of waste and improve the environmental performance of the economic operators involved in the life cycle of vehicles.

The Consultation follows a requirement set out in Directive (EU) 2018/849, which amends various waste directives, including Directive 2000/53/EC. The requirement obliges the Commission to evaluate that Directive by the end of 2020.

The Consultation focuses on opinions on the:

  • implementation;
  • feasibility of setting targets for reporting on specific materials; and
  • problem of end-of-life vehicles of unknown whereabouts.

Responding to the Consultation

The Consultation is open for responses from 6 August 2019 until 29 October 2019.

The preferred way to respond is by completing an online questionnaire (available after logging in) on the Commission's website. Responses can be submitted in any official EU language.

For more information, see the:

The nationwide supermarket chain, Co-op, has urged local authorities to take action for a quicker roll-out of food waste collections and acceptance of compostable bags as part of the service.

Issued in their statement on 17 August 2019, the Co-op said they are writing to every local authority in England that do not collect food waste, calling for an introduction of that service. As it is, weekly food waste collection is likely to be among the requirements for English Councils, under the government's Resources and Waste Strategy from 2023. The retailer has pointed to WRAP statistics, suggesting that around 156 English Councils, about 48%, currently do not have a kerbside food waste collection. They will also be urging councils to accept compostable carrier bags along with their food waste kerbside collection services, which are issued in many of Co-op's stores. 

The compostable bags themselves appeared in their ideas for 2018, after having announced its plans to roll-out single use compostable carrier bags to nearly 1,400 of its food stores, and now they believe that the distribution of single-use plastic bags could end if both of their requirements were met. The compostable bags would be best and if the local authorities began food waste collections from homes sooner, then they would have a real chance to implement this change. At the time, they added that the bags could be used as a food waste caddy liner once it was taken home, enhancing their re-usability, and so they rolled them out wherever this service was offered, making them the first national supermarket to make compostable bags available. 

If this system is properly implemented, it is believed that the result would remove near to 5 million plastic bags a month from going to landfill. Despite the positive proposals planned for 2023, that will be effective in seeing all homes receiving a weekly food waste collection, it is estimated that near to twice as much of the food could be saved and recycled into both energy and fertiliser, but only if the system was implemented quicker. 

Chief Commercial Officer of Co-op, Michael Fletcher, has said "the world is experiencing a climate crisis and we need to work together to avoid it. Accelerating action is the only way to mitigate and reduce impacts on our natural world, and to ensure stable food supply chains in the future".

"We are committed in helping our members and customers to make environmentally friendly choices and reducing the environmental impact of products is and always has been at the core of Co-op. That’s why we are writing to local authorities to encourage universal kerbside food waste collections and acceptance of compostable bags, sooner than 2023".

A building company and its director have been fined for unsafe construction work around a domestic gas boiler that has resulted in a dangerous escape of gas. 

Birmingham Magistrates' Court heard how the company, MD Building Contractors Ltd, was contracted to undertake construction work at a home in Aston, Birmingham. The work was an extension to the kitchen which was to take place between July and August 2017.

An investigation by the Health and Safety Executive (HSE) found that prior to the work actually commencing, there was a pre-existing gas boiler that had been located in the kitchen, with its flue going out through the rear wall. During the work the original flue outlet was removed, and an external wall was built around it. This had the effect of completely enclosing the flue inside the wall with no direct external exit point that would allow the boiler to safely vent outside.

This meant the family of six living in the house were being exposed to the risk of inhaling the products of the boiler burning, including Carbon Monoxide (CO), a poisonous gas with no smell or taste.

Manjit Singh Dhaliwal, the Director of Manor Road, pleaded guilty to breaching the Health and Safety at Work etc Act 1974, was fined £2,000, and ordered to pay costs of £431.50.

MD Building Contractors pleaded guilty to breaching Gas Safety (Installation and Use) Regulations SI 1998/2451, were fined £16,000 and ordered to pay costs of £513.10.

HSE Principal Inspector Tony Mitchell said "every year, around seven people die from CO poisoning caused by gas appliances and flues that have not been properly installed, maintained or that are poorly ventilated".

"Manjit Singh Dhaliwal was negligent in his duties as sole director to ensure that during refurbishment of the property that existing gas fittings were not adversely affected".

"All gas work must be done by registered Gas Safe engineers to ensure the highest standards are met to prevent injury and loss of life".

On the 25 June 2019, at Nenagh Circuit Court, the Judge Tom Teehan imposed a fine of €300,000 on the Company Balfour Beatty CLG Limited for a single breach of legislation. 

The company pleaded guilty to a breach of the Safety, Health and Welfare at Work Act 2005. This prosecution followed a fatal incident on 27 February 2015, at Carrigatogher, Nenagh, Co Tipperary - Mr Patrick Horgan was fatally injured when the pipeline he was working on exploded and ruptured while it was under test pressure. He was the employee of a company who had been subcontracted to Balfour Beatty CLG for the installation of a 400mm gas pipeline that was to run from Birdhill to Nenagh.

The primary company, Balfour Beatty CLG had previously pleaded guilty to a single charge, in that it had failed to manage and conduct its undertaking in such a way that non-employees were not exposed to risks to their safety in that they failed to ensure that appropriate safety measures or precautions were in place. Such measures would be able to protect workers from the dangers created by piping that had been pressurised for testing. 

Are you wondering why we're discussing legislation in the Republic of Ireland? Watch this space... 

Private appeal for Climate Action
Published: 20 Aug 2019

The British Government has made a private appeal to senior Coalition ministers to help develop a more "ambitious" climate policy, as a result of growing concern that Australia is not doing enough to cut emissions. 

While the government is busy fending off criticism from Pacific island nations about their own climate policies, it has been revealed that the UK's high commissioner to Australia, Vicki Treadell has met with both ministers since the May election, using the introductory meetings to help convey Britain's view - being that it wants all countries, including Australia, to increase it's climate ambitions. This, because the country has prioritised climate action, becoming the first G7 country to legislate the target of net zero greenhouse emissions by 2050 - this proving possible: as the economy grows by 70% since 1990, the emissions have reduced by 40%.

It is understood that the meeting consisted of discussions around the future of Australia's energy policy, following the Coalition's dumping of its proposed national energy guarantee in the dying days of Malcolm Turnbull's time as a Prime Minister. Another bilateral meeting for Treadell raised the need for more ambitious climate action as pacific islands worry, some of which face an existential threat from the rising sea levels. 

Australian Prime Minister, Scott Morrison, batted away criticism about the country's position at the Pacific Islands Forum, following a refusal to endorse a statement he had that had called for both a quicker transition to renewable energy and a pledge to end coal-fired power. They did commit $500 million in the form of aid money to respond to the emergency, however, they have rebuffed calls for bolder emissions reductions targets, and aren't looking to use their carry-over credits to help meet their 2030 Paris emissions reduction targets. 

The UK has also put in an effort to step up its diplomatic activities in the Pacific in an 'uplift' program to set up posts across various islands. There is a belief that all countries need to do better, falling short of many important targets. The pressure is on from the UN for their next Climate Summit at New York, at which they will ask the visiting countries to explain their plans for how they are to reach net-zero emissions by 2050. 

The UK is planned to host next years COP (Conference of the Parties), and we can expect higher pressure on Australia for then as well.


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