Business Diary: UK Regulations - February 2017
Currently, two to three new Regulation entries are added to the Archive each day. Regulation Watch covers business related topics such as new legislation, changes in legislation, consultations and regulatory body announcements.
1st
Regulator Services
Regulator Activity: The European Patent Office and the Russian Federal Service for Intellectual Property have launched a patent prosecution highway pilot which will leverage fast-track patent examination procedures already available at both offices. The pilot will end on 31 January 2020.
Start Date: 1st February 2017
2nd
Compliance Guidance
Compliance Support: The Association of Residential Letting Agents is hosting a number of events to help letting agents prepare for new regulations which will implement a register of letting agents in Scotland from 1 January 2018.
Event Dates: 2nd February 2017-9th March 2017
Regulation Consultations
Industry Consultation: The EU Commission is inviting views from farmers, citizens, organisations and other interested stakeholders on modernising and simplifying the Common Agricultural Policy (CAP) with a view to helping the CAP adapt to social, political, environmental and economic challenges.
Response Deadline: 2nd May 2017
6th
Crackdowns & Amnesty
In a landmark case for the industry, the Gambling Commission has successfully prosecuted two men for breaches of the Gambling Act and issued fines of £174,000 and £91,000. According to a legal expert from Pinsent Masons, the case demonstrates the regulator's intent to crack down on unlicensed betting activity in the 'e-sports' market.
Published Date: 6th February 2017
Business Laws
A new Bill has been introduced into the Scottish Parliament which will set out the circumstances under which someone who is not a party to a contract can have third party rights, and will set out when such rights can be modified or cancelled. The Bill will also extend the same remedies to third parties as to the contracting parties.
Published Date: 6th February 2017
8th
Court Rulings
Websites that link to infringing material but have no direct content can still be in breach of copyright, according to the advocate general to the Court of Justice of the European Union. In addition, the advocate general said that copyright owners can also get internet service providers to block access to the sites, subject to certain conditions.
Ruling Date: 8th February 2017
Business Laws
Southalls and Gowling WLG are warning that the new health and safety sentencing guidelines are having the most impact on medium-sized builders' merchants, rather than those earning over £50 million. Non-fatal cases are commonly attracting fines of over £1 million and Gowling WLG predicts the industry may soon see fines in excess of £10 million.
Published Date: 8th February 2017
9th
Regulation Consultations
The Land Registry is inviting views from customers, stakeholders and other interested parties on proposed amendments to the Land Registration Rules 2003 which willallow for the introduction of new digital conveyancing and registration solutions.
Response Deadline: 5th April 2017
10th
Business Laws
Sector Regulations: Gambling operators and pay day loan providers will be required to obtain planning permission from local authorities in order to open up high street shops in Scotland, under new legislation which will come into force on 10 February 2016.
Start Date: 10th February 2017
Rates & Reliefs
The Legal Services Board has approved plans by the Bar Council to increase barristers' practising certificate fees in order to cover the Council's £5.4 million deficit in its defined benefit scheme. The lowest-earning barristers will be hit with an increase of £13 and those earning over £240,000 will be hit with an increase of £198.
Published Date: 10th February 2017
Court Rulings
The Court of Appeal has ruled that a plumber who signed an agreement with his company suggesting that he was self-employed was entitled to basic workers' rights. The case is likely to have significant implications for “gig economy” employers that claim their workers undertake services on a self-employed basis.
Ruling Date: 10th February 2017
13th
Regulation Consultations
The UK government is inviting views from businesses, business groups, local authorities and regulators on a draft statutory instrument making changes to the Primary Authority. From 1 October 2017, businesses of all sizes will be able to access assured regulatory advice through the Primary Authority.
Response Deadline: 7th April 2017
15th
EU Laws
EU ambassadors have endorsed new rules to allow EU consumers who subscribe to online content services in their home country to access them when visiting another member state. The new rules aim to improve competitiveness by encouraging innovation in online services and attracting more consumers.
Published Date: 15th February 2017
Crackdowns & Amnesty
The Department for Business, Energy and Industrial Strategy has published its largest ever list of minimum wage offenders. More than 350 employers were named for underpaying their workers the national minimum wage or national living wage.
Published Date: 15th February 2017
16th
EU Laws
MEPs have passed a resolution which calls on the EU Commission to propose new rules that address the legal status of advanced robots. The EU Commission has been asked to consider legislating so that sophisticated autonomous robots could be given the status of electronic persons responsible for making good any damage they may cause.
Published Date: 16th February 2017
Court Rulings
The EU Court of Justice has ruled that assessors of medical devices must look into claims that those devices fall short of safety standards where there is evidence to support those claims. Assessors must take all necessary steps to ensure that manufacturers of non-compliant devices duly fulfil the obligations imposed by the approved quality system.
Ruling Date: 16th February 2017
Business Laws
The UK's Information Commissioner's Office (ICO) is warning firms engaged in electronic direct marketing about the risks of relying on third party consent mechanisms as a basis for sending marketing messages to consumers. The warnings come after the ICO fined a credit broker £120,000 for failing to secure appropriate consent from consumers.
Published Date: 16th February 2017
Court Rulings
The Court of Appeal has ruled that law firms must comply with data requests even if the purpose for seeking the data is “assisting in litigation”. The ruling overrules a High Court decision which found that a data request is rendered invalid if made for the “collateral purpose of assisting in litigation”.
Published Date: 16th February 2017
20th
Legal Statistics
Utilities companies paid out an average of £409,729 in fines for health and safety breaches in 2016, compared with £112,111 paid out by manufacturing firms, £96,828 paid out by services firms and £74,231 paid out by construction firms, according to new research from Arinite health and safety consultants.
Published Date: 20th February 2017
21st
Business Laws
The government has unveiled plans to regulate launch-to-orbit and sub-orbital spaceflight activities from UK spaceports. The laws will pave the way for experiments to be conducted in zero gravity which could help in the development of medicines.
Published Date: 21st February 2017
22nd
Business Laws
An Order updating legislation providing for restrictive measures against North Korea came into force on 22 February 2017. The 2017 Order includes restrictions on trade in dual-use goods, technology and luxury goods as outlined in the 2013 Order and makes provision for national offences, penalties and licensing provisions specified in the EU North Korea Regulation.
Start Date: 22nd February 2017
Business Laws
Legislation which incorporates new insurance rules for self-driving cars and measures to improve provision of electric vehicle charge points has been introduced into Parliament. Under the Vehicle Technology and Aviation Bill, motorway services and large fuel retailers could be made to provide electric charge points and hydrogen refuelling stations.
Published Date: 22nd February 2017
23rd
Compliance Guidance
The Department for Business, Energy and Industrial Strategy has published new guidance for non-domestic landlords on the minimum energy efficiency standards for leased property, which are due to take effect from April 2018.
Published Date: 23rd February 2017
27th
Compliance Guidance
Digital service providers will not be required to report certain data breaches under the Network and Information Security Directive, according to new guidance issued by the EU Agency for Network and Information Security.
Published Date: 27th February 2017
EU Laws
The EU Council has adopted legal acts imposing further restrictive measures against North Korea. The measures include restrictions on transactions in coal, iron and iron ore and a ban on imports of copper, nickel, silver and zinc.
Published Date: 27th February 2017
28th
Compliance Guidance
Acas has published revised guidance to help employers and their workforce understand the different types of employment arrangements and their legal entitlements. The guidance follows recent legal cases about employment status.
Published Date: 28th February 2017
Compliance Guidance
The Medicines and Healthcare products Regulatory Agency has published the latest versions of its guides on UK pharmaceutical regulations and EU directives. The orange guide relates to the manufacture and distribution of human medicines and the green guide relates to the broader distribution of medicines.
Published Date: 28th February 2017
