Year      Month

Legislation

29 May 2015

SSI 2015/ 218. The Building (Scotland) Amendment Regulations 2015. Came into force 29th May. This Order makes minor amendments to the Building (Scotland) Regulations 2004 (SSI 2004/406).


21 May 2015

EU 2015/762. Commission Implementing Regulation EU 2015/762 approves the basic substance calcium hydroxide in accordance with Regulation (EC) No 1107/2009 concerning the placing of plant protection products on the market, and amends the Annex to Commission Implementing Regulation (EU) No 540/2011. Coming into force 1st June


19 May 2015

SI 2015/1325. The Common Agricultural Policy (Amendment) Regulations 2015. Came into force on 14th May.

These Regulations amend two Regulations, namely the Common Agricultural Policy (Control and Enforcement, Cross-Compliance, Scrutiny of Transactions and Appeals) Regulations 2014 (SI.2014/3263) and the Common Agricultural Policy Basic Payment and Support Schemes (England) Regulations 2014 (SI 2014/3259).

The amendment to SI 2014/3263 covers, with respect to landholdings covering more than one territory, the determination of a competent authority and the date for making a single application. The amendment to SI 2014/3259 covers payment application dates


18 May 2015

EU 2015/736. Commission Regulation EU 2015/736 modifies the list in Commission Implementing Regulation EU 2014/ 888 which seeks to aid conservation of endangered species. The Regulation prohibits the introduction into the European Union of specimens of a type of coral from Tonga.. The Regulation also revokes certain prohibitions and relaxes the controls on the importation of certain other species.Coming into force 27th May.

The species in question are: a) New prohibition - Scolymia spp. from Tonga b) No longer prohibited - Hippopotamus amphibius from Cameroon, Gambia, Niger, Nigeria, Sierra Leone and Togo;— Crocodylus niloticus from Madagascar; Catalaphyllia jardinei, Euphyllia cristata, Plerogyra sinuosa, Plerogyra turbida, Eguchipsammia fistula, Heliofungia actiniformis, Hydnophora microconos, Blastomussa wellsi, Scolymia vitiensis and Trachyphyllia geoffroyi from Indonesia c) Prohibition of only live species of Euphyllia divisa, Euphyllia fimbriata, Euphyllia paraancora, Euphyllia paradivisa and Euphyllia yaeyamaensis from Indonesia.


18 May 2015

SR 2015/ 247. Energy (Amendment) Order (Northern Ireland) 2015. Came into force 14th May.

This Order amends Article 55 of the Energy (Northern Ireland) Order to take account of amendments to section 32 of the Electricity Act 1989 by the Energy Act 2013.

Articles 55EA and 55EB to the Energy Order confer a power to make a renewables obligation closure order.


18 May 2015

SR 2015/249. The Electricity and Gas (Ownership Unbundling) Regulations (Northern Ireland) 2015. Comes into force 5th June.

This Order amends The Electricity (Northern Ireland) Order 1992 (SI 1992/231 (N.I. 1) and The Gas (Northern Ireland) Order 1996 (S.I. 1996 (N.I. 2)) with respect to transmission network independence.


15 May 2015

SSI 2015/197. The Climate Change (Additional Greenhouse Gas) (Scotland) Order 2015. Comes into force 16th May.

This Order modifies the Climate Change (Scotland) Act 2009 by adding nitrogen trifluoride to the green house gasses listed in section 10(1) of the Act.


13 May 2015

Commission Regulation EU 2015/728 amending the definition of specified risk material set out in Annex V to Regulation (EC) No 999/2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies. Coming into force 26th May.

The list the list of specified risk material (SRM) concerning bovine animals should be amended so as to include the last four meters of the small intestine, the caecum and the mesentery but to exclude the remaining parts of the bovine intestines, namely the duodenum, the colon and the small intestine except for the last four meters.


08 May 2015

SSI 2015/181. The Town and Country Planning (Hazardous Substances) (Scotland) Regulations 2015. Comes into force 1st June.

These Regulations consolidate the Town and Country Planning (Hazardous Substances) (Scotland) Regulations 1993 and subsequent amendments to those Regulations and make further amendments. They also implement the land-use planning aspects of Directive 2012/18/EU on the control of major-accident hazards involving dangerous substances (“Seveso III”). o Part 2 and Schedule 1 sets out the substances which are hazardous substances for the purpose of the Planning (Hazardous Substances) (Scotland) Act 1997, the controlled quantities of those substances and exemptions from the need for hazardous substances consent. o Part 3 sets out the processes for applying for, and determining, applications for hazardous substances consent and related applications.

These regulations also make amendments to: a) SSI 2007/570. The Transport and Works (Scotland) Act 2007 (Applications and Objections Procedure) Rules 2007 b) SSI 2008/426. The Town and Country Planning (Development Planning) (Scotland) Regulations 2008 c) SSI 2013/ 155. The Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013


08 May 2015

SSI 2015/182. The Town and Country Planning (Hazardous Substances Inquiry Session Procedure) (Scotland) Rules 2015. Comes into force 1st June.

These Rules set out the procedures to be followed in connection with local inquiries held for the purposes of certain applications and appeals under the Planning (Hazardous Substances) (Scotland) Act 1997

The Rules apply to inquiries held in connection with— a) applications referred to the Scottish Ministers under section 18 of the Hazardous Substances Act on or after 1st June 2015; and b) appeals under section 19 of the Act and regulation 43 of the Town and Country Planning (Hazardous Substances) (Scotland) Regulations 2015 on or after 1st June 2015


08 May 2015

SR 2015/236. The Explosives (Appointment of Authorities and Enforcement) Regulations (Northern Ireland) 2015. Comes into force 1st June.

These Regulations provide for the appointment of competent authorities in relation to Regulation (EC) No 1272/2008 on classification, labelling and packaging of substances and mixtures (“the CLP Regulation”)


08 May 2015

SSI 2015/188. The Waste (Meaning of Hazardous Waste and European Waste Catalogue) (Miscellaneous Amendments) (Scotland) Regulations 2015. Comes into force 8th June.

These Regulations amend various enactments to effect changes as a consequence of the amendment of Directive 2008/98/EC on waste.

Amended regulations are: a) 1990 c.43 Environmental Protection Act 1990 b) SI 1996/972. Special Waste Regulations 1996 c) SSI 2003/235. Landfill (Scotland) Regulations 2003 d) SSI 2005/157. Landfill Allowances Scheme (Scotland) Regulations 2005 e) SSI 2007/251. National Waste Management Plan for Scotland Regulations 2007 f) SSI 2009/140 Renewables Obligation (Scotland) Order 2009. g) SSI 2010/60. Management of Extractive Waste (Scotland) Regulations 2010. h) SSI 2011/139. Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2011 i) SSI 2011/204 Marine Licensing (Exempted Activities) (Scottish Inshore Region) Order 2011 j) SSI 2011/228. Waste Management Licensing (Scotland) Regulations 2011. k) SSI 2012/360. Pollution Prevention and Control (Scotland) Regulations 2012


08 May 2015

• SR 2015/238. The Hazardous Waste (Amendment) Regulations (Northern Ireland) 2015. Comes into force 1st June.

These Regulations amend the Hazardous Waste Regulations (Northern Ireland) 2005 to bring into effect the changes introduced by Commission Decision 2014/955/EU amending Decision 2000/532EC (on the list of waste).

Amended regulations are: a) SI 1997/2778 (NI 19) . The Waste and Contaminated Land (Northern Ireland) Order 1997. b) SR 2002/271. The Controlled Waste (Duty of Care) Regulations (Northern Ireland) 2002. c) SR 2003/493 . The Waste Management Licensing Regulations (Northern Ireland) 2003. d) SR 2005/300. The Hazardous Waste Regulations (Northern Ireland) 2005 Revoked regulations are: a) SR 2005/301. The List of Wastes Regulations (Northern Ireland) 2005


08 May 2015

SR 2015/239. The Fisheries (Amendment) Regulations (Northern Ireland) 2015. Comes into force 1st June.

These Regulations amend the list of waters which are now exempt from catch and release for salmon angling.


08 May 2015

SSI 2015/189. The Carbon Accounting Scheme (Scotland) Amendment Regulations 2015. Comes into force 8th June. .

Amends SSI 2010/216 The Carbon Accounting Scheme (Scotland) Regulations 2010.

An amendment is made to the definition of a “cancellation” and a method is added for determining whether a carbon unit is to be credited to or debited from the net Scottish emissions account for 2013


Press Releases

26 May 2015

HSE is launching a revised and improved COSHH Essentials e-tool in June. During the upgrade all saved assessments will be deleted. HSE therefore advise that printed copies should be made of any assessments before the end of May.


12 May 2015

The Environment Agency has announced the carrying out detailed engineering and structural investigations into the condition of tidal flood defences in London and the Thames estuary. This work began in March 2015 and will be largely complete by March 2016.

The defences include the Thames Barrier and three hundred and fifty kilometres of flood walls and embankments, smaller barriers, pumping stations and flood gates. This system of defences protects 1.25 million people and £200 billion worth of property.

Many of the defences are over thirty years old, and in some cases over one hundred years old. The investigations will provide information about the condition of individual defences and about the system as a whole. The results of these investigations will be used to develop the forthcoming ten year work programme of refurbishment and replacement and the management of the system of defences over the next century.


In The News

28 May 2015

SI 2015/1317 - The White Moss Landfill Order 2015.

This Order grants development consent for Whitemoss Landfill Limited to construct a new landfill void for the disposal of hazardous waste adjacent to the existing Whitemoss Landfill, Skelmersdale


18 May 2015

The HSE has published L149 Guidance on the Mines Regulations 2014. . http://www.hse.gov.uk/pubns/priced/l149.pdf.

They have also published L153 Guidance on the Construction (Design and Management) Regulations 2015. http://www.hse.gov.uk/pubns/priced/l153.pdf

Both guidance documents can also be found in the L Series Section of Simplifi-Solutions compliance guidance.


11 May 2015

Quarterly energy statistics. Highlights for the 3 month period December 2014 to February 2015, compared to the same period a year earlier include:

a) Primary energy consumption in the UK on a fuel input basis rose by 1.7%, on a temperature adjusted basis it fell by 0.7%. b) Indigenous energy production fell by 2.7% driven by falls in UKCS output. c) Nuclear production up 5.1% due to stations returning to operation after outages. d) Lower coal generation due to the closure of plants, however coal share remains above gas. e) Coal provided 34.7% of electricity generation by Major Power Producers, with gas at 25.1% and nuclear at 20.9%. f) Wind generation by Major Power Producers up 1.2%, whilst overall renewables up 13.4% with growth in biomass. g) Low carbon share of electricity generation by Major Power Producers up 3.3 percentage points to 40.2%, due to rises in nuclear and renewables generation.

https://www.gov.uk/government/news/energy-trends-and-prices-statistical-release-30-april-2015


Consultations

28 May 2015

The Welsh government is consulting on processes to be used if a volunteer community chose to enter into discussions on potentially hosting a geological disposal facility (GDF) for higher activity radioactive waste. Consultation closes 18th August

http://gov.wales/consultations/environmentandcountryside/geological-disposal-of-higher-activity-radioactive-waste-community-engagement-and-implementation-processes/?lang=en


28 May 2015

The Environment Agency is consulting on the granting of a Environmental Permit to LLW Repository (Drigg, Cumbria) for the disposal of low level radioactive waste. Consultation closes 23rd July.

https://consult.environment-agency.gov.uk/portal/npsapp/llwr/dd.

The Agency comments that the site, established in 1959, has safely disposed of radioactive waste for over fifty years.


19 May 2015

The Scottish Government is consulting on a strategy to support Scotland's Higher Activity Radioactive Waste Policy which was published in 2011. Consultation closes 7th August.

The Policy is that long-term management of higher activity radioactive waste should be in near surface facilities. Facilities should be located as near to the site where the waste is produced as possible.

http://www.gov.scot/Publications/2014/12/8263


12 May 2015

The Civil Aviation Authority (CAA) is consulting on a proposal to assume responsibility for the certification of UK helidecks. Consultation closes on 24th July.

http://www.caa.co.uk/docs/2980/20150511CAP1145ActionA13InvitationToComment.pdf


11 May 2015

The European Commission (EC) is carrying out a “fitness check” on EU Nature Legislation (Birds and Habitats Directives). Consultation closes on 24th July.

http://ec.europa.eu/environment/consultations/nature_fitness_check_en.htm


11 May 2015

The Welsh Government is consulting on proposed changes to the Environmental Impact Assessment Regulations and Local Development Orders. Consultation closes 18th June.

The consultation paper proposes the following: a) Raising the screening thresholds for Schedule 2 “urban development projects” and “industrial estate projects”. b) Measures to respond to recent case law and implement the Geological Storage Directive. c) Amendments to legislation associated with Local Development Orders (LDOs) in order to allow local planning authorities (LPAs) to make LDOs for Schedule 2 EIA development. d) Specific provision in the EIA Regulations for discontinuance and modification orders.

http://gov.wales/consultations/planning/eia-regulations-and-local-development-orders/?lang=en


Prosecutions

21 May 2015

A Norfolk fertiliser firm was fined £80,000 after one of its employees died when he became trapped in an agriculture spreader whilst carrying out maintenance. The deceased was working on the vehicle while it was still running when the rear wheels turned, crushing him against the chassis.


18 May 2015

An Inverness-shire animal feed company was fined £80,000 after one of its employees died when he was buried under tonnes of wheat being unloaded from a lorry. HSE’s investigation found that various safety devices had been overruled.

A similar incident, which occurred in Liverpool, was reported in our April news letter.


13 May 2015

A Bedfordshire engineering company was fined £300,000 and ordered to pay £115,000 in prosecution costs following the death of a trainee design engineer who came into contact with a live three- phase electrical system whilst testing, unsupervised, an electrical control panel.

The company was found to have failed to adequately risk assessed the testing of live electrical panels to identify a safe system of work and failed to provide suitable training and supervision to undertake three-phase live testing


13 May 2015

A Chesterfield foundry was fined £150,000 and ordered to pay £24,000 in prosecution costs following the death of an employee who was struck in the face by a shard from an abrasive disc that exploded from a hand-held grinding machine.

HSE’s investigation found that the excessive speed of the grinder coupled with the added load caused by the non-standard attachment had put stresses on the disc way beyond its capacity, resulting in its catastrophic failure. The grinder had no guard so as it exploded, so the pieces were forcibly expelled across the bay, one ending up some ten metres away.

The court was also told that HSE’s investigation had uncovered a number of previous incidents when discs had come off grinders. However, none of these had been mentioned in monthly minutes of the company’s health and safety meetings for the site.


08 May 2015

A Sussex based fresh produce manufacturing company has been fined £170,000 after a worker was killed after coming into contact with a live 240V electrical cable.

The live cable was part of an old system that had been removed by the company in 2008, but was not identified in any way, and its existence and ‘live’ nature was unknown.


07 May 2015

An Edinburgh company which manufactures basic pharmaceutical products was fined £27,000 after a worker suffered skin sensitisation following repeated exposure to hazardous substances.

The person in question was diagnosed with allergic contact dermatitis as a result of the exposure. However despite advice from a medical professional he continued to work with the substances.


01 May 2015

A Cumbria based tyre manufacturer has been fined £150,000 and ordered to pay £46,706 in prosecution costs after an employee died when he became trapped in an industrial autoclave for more than two hours.

The company failed to identify the risk posed by workers entering the autoclave.

They should either have prevented access, or made sure that the autoclave was properly checked each time before the door was closed and the operating cycle started.