
Business Diary: UK Regulations - October 2016
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
Business Laws
Finance Regulation: New legislation which will raise the national minimum wage rates for workers aged between 21 and 25, workers aged between 18 and 21 and apprentices will come into force on 1 October 2016.
Start Date: 1st October 2016
Business Laws
Housing Regulation: From 1 October 2016, London will apply a zero carbon standard to new residential developments and require commercial developments to meet standards that are 35% stricter than Part L of Building Regulations or pay cash in lieu into a carbon offset fund.
Start Date: 1st October 2016
Business Laws
IP Regulations: New legislation restructuring the application and renewal fees for registered designs in order to provide designers with more choice and flexibility was laid before Parliament on 7 September 2016 and is expected to come into force from 1 October 2016.
Start Date: 1st October 2016
Compliance Guidance
IP Guide: The Intellectual Property Office has issued new guidance on changes to the patent rules coming into force on 1 October 2016, and on 6 April 2017, including the introduction of a new notification letter to inform patent applicants that their applications meet all the requirements for grant of a patent.
Start Date: 1st October 2016
Compliance Guidance
Legal Guide: Shoosmiths has published advice for large businesses who will be obliged to publish an annual report on their gender pay gap, in line with new rules coming into force from October 2016.
Start Date: 1st October 2016
6th
Court Rulings
Tribunal Ruling: In the first decision of its kind, an employment tribunal found that an employer that paid a male employee a different rate of statutory parental pay than his spouse was guilty of indirect sex discrimination.
Published Date: 6th October 2016
7th
Court Rulings
Employment Law Ruling: The Court of Appeal has upheld an employment tribunal ruling which found that compensation for any results-based commission that would ordinarily be earned should be factored into holiday pay calculations.
Ruling Date: 7th October 2016
Business Laws
Legal Services Alert: A new map of the LawTech start-up ecosystem produced by Legal Geek has found that UK start-ups are struggling to compete with US rivals who have come to the UK as a secondary market, having already established funding and law firm recognition.
Published Date: 7th October 2016
Legal Statistics
IP Statistics: New data from the Intellectual Property Office reveals that trademark applications increased 18% year-on-year to 5,390 in September 2016. The increase suggests that rights owners are making contingency plans in the wake of the EU referendum.
Published Date: 7th October 2016
10th
Court Rulings
Property Law Ruling: The High Court has ruled that a 'notice to quit' served on a tenant farmer by the new owner of the land was invalid as the notice was served prior to the new ownership being properly registered with the Land Registry.
Published Date: 10th October 2016
Business Laws
Government Activity: The UK government has dropped plans to require businesses to publish details on the proportion of foreign staff they employ, the education secretary has announced. The data will instead be confidential and used to identify skills shortages.
Published Date: 10th October 2016
11th
Regulator Services
Legal Services Alert: US-based Crawford & Company has been granted a licence by the Solicitors Regulation Authority to offer legal services in the UK as an alternative business structure. Crawford & Company is the one of the first US firms to do so.
Published Date: 11th October 2016
Compliance Guidance
Employment Law Guide: Employment tribunal judges may now provisionally assess disputes submitted to the tribunal, with a view to encouraging early settlement of cases, according to new guidance issued by the president of the employment tribunals.
Published Date: 11th October 2016
Regulator Services
Regulator Activity: The Medicines and Healthcare products Regulatory Agency has signed a Memorandum of Understanding with Swissmedic which will see both regulators promoting each other’s regulatory frameworks, requirements and processes.
Published Date: 11th October 2016
12th
Regulator Services
Government Activity: The Chancellor of the Exchequer has announced that the National Infrastructure Commission will become an executive agency which will help plan, prioritise and ensure efficient infrastructure investment.
Published Date: 12th October 2016
Court Rulings
IP Ruling: The EU Court of Justice has ruled that acquirers with back-up copies of copyright-protected computer programs may not provide those copies to a second acquirer without the permission of the original rights owner.
Ruling Date: 12th October 2016
Legal Statistics
Industry Trends: According to a survey from Keystone Law, two thirds of lawyers expect law firm partnerships to become less prominent over the next decade. In addition, 77% expect alternative business structures to have a larger role.
Published Date: 12th October 2016
13th
Regulator Services
Export Services: The Export Control Organisation (ECO) has updated its online export licensing system, Spire, to reflect that the ECO is now part of the Department for International Trade (DIT).
Published Date: 13th October 2016
Regulation Consultations
Regulator Consultation: The Department for Environment, Food and Rural Affairs is seeking views from all interested stakeholders on the implementation of Clean Air Zones in five key cities – Birmingham, Leeds, Nottingham, Derby and Southampton – by 2020 as part of plans to improve air quality.
Response Deadline: 9th December 2016
Regulation Consultations
Law Consultation: The Department for Business, Energy and Industrial Strategy is consulting on how the Small Business Commissioner will handle complaints. The consultation includes proposals on how the commissioner will consider, determine and make recommendations for complaints.
Response Deadline: 7th December 2016
17th
Legal Statistics
Planning Statistics: Between 2009 and 2015, just 0.98% of 7,905 alleged planning breaches in Northern Ireland were taken to court, according to data obtained by the News Letter.
Published Date: 17th October 2016
Regulation Consultations
Law Consultation: The Health and Safety Executive is consulting on proposed regulations to replace the Freight Containers (Safety Convention) Regulations 1984 in order to give effect to changes to the International Convention for Safe Containers 1972.
Response Deadline: 14th November 2016
Court Rulings
IP Ruling: The High Court has ruled that the principles which apply when the losing party in a patent dispute seeks to recover costs on particular issues in the case are the same as those which apply to other types of litigation.
Ruling Date: 17th October 2016
Court Rulings
Tribunal Ruling: In two recent decisions, employment tribunals found that there is no absolute obligation on employers to accept new mothers’ requests for flexible working on their return from maternity leave.
Published Date: 17th October 2016
18th
Compliance Guidance
Regulator Activity: The UK government has announced that a cross-stakeholder working group has been established to help identify potential improvements to the safety of white goods. One of the areas of focus is a new code of practice for product recalls.
Published Date: 18th October 2016
Regulation Consultations
Property Consultation: The UK government is inviting views from individuals and organisations on proposals to crack down on overcrowded housing including mandatory licensing for landlords of houses in multiple occupation. The proposals also seek to enforce a minimum room size.
Response Deadline: 13th December 2016
Regulation Consultations
Law Consultation: The UK government is inviting views from suppliers, retailers and trade associations on whether to extend the remit of the Groceries Code Adjudicator to indirect suppliers of supermarkets and provide similar levels of protection to indirect suppliers as direct suppliers.
Response Deadline: 10th January 2017
19th
Regulation Consultations
Waste Consultation: The Department for Environment, Food and Rural Affairs is inviting views from equipment producers on whether a Waste Electrical and Electronic Equipment compliance fee should be set for 2016. The consultation is also seeking views on proposals for how the fee should be managed.
Response Deadline: 25th November 2016
21st
Crackdowns & Amnesty
Regulator Probe: The Competition and Markets Authority (CMA) has launched an investigation into online gambling firms amid concerns that many are breaching consumer protection law through misleading promotions and unfair terms.
Published Date: 21st October 2016
Court Rulings
UK Ruling: The court of session in Edinburgh has rejected a legal challenge to government plans to set a minimum price for alcohol of 50p per unit. The court found that the policy was not in contravention of EU law.
Ruling Date: 21st October 2016
Court Rulings
Tribunal Ruling: The Solicitors Disciplinary Tribunal has, in a rare move, made a costs order against the Solicitors Regulation Authority for having brought an “improper” prosecution against a law firm.
Ruling Date: 21st October 2016
24th
Legal Statistics - Opportunities
Business Law Statistics: Over half (54%) of consumers and businesses do not fully understand the rules on unfair contract terms, according to new research from the Competition and Markets Authority. The research also revealed that some businesses think a signed contract is final.
Published Date: 24th October 2016
Regulation Consultations
Regulator Consultation: The Department for Culture, Media and Sport has launched a call for evidence on whether changes to the rules on the number of gaming machines that can be installed in betting shops as well as maximum stakes and prizes are required.
Response Deadline: 4th December 2016
25th
EU Laws
EU Regulation: The European Parliament has voted for a resolution inviting the EU member states and the EU Commission to adopt regulations on corporate liability for serious human rights abuses throughout the global supply chains of businesses. The resolution is not binding.
Published Date: 25th October 2016
Regulation Consultations
Regulator Consultation: The Department of Health is inviting views from tobacco and herbal products manufacturers and importers on the introduction of proportionate fees for the notification of tobacco and herbal products and the testing of cigarettes. The fees are expected to be implemented in 2017.
Response Deadline: 22nd November 2016
26th
Regulation Consultations
Sector Regulations Consultation: The Department for Transport is inviting views from individuals and organisations on measures proposed for inclusion in the Modern Transport Bill to support the uptake of ultra low emission vehicles.
Response Deadline: 23rd November 2016
EU Laws
Regulator Activity: The EU Commission has scrapped plans to limit acrylamide – a naturally occurring chemical that is linked to cancer – in starchy foods such as crisps, cereals and baby foods following industry complaints.
Published Date: 26th October 2016
28th
EU Laws
Business Law: The EU Commission has published its annual work program for 2017. The annual work program sets out 21 new initiatives, including a proposal to enhance the scope of the national competition authorities' powers.
Published Date: 28th October 2016
31st
Business Laws
Sector Regulations: The Advertising Standards Authority has introduced changes to the rules on fixed broadband advertised price claims. Broadband suppliers are now required to show upfront and monthly costs, without separating out line rental prices.
Start Date: 31st October 2016
Business Laws
New Regulation: The British Gambling Commission's new license conditions and codes of practice, which will take effect from 31 October 2016, state that betting shops will only be permitted to install gaming machines in their premises if they also provide substantive facilities for non-remote betting.
Start Date: 31st October 2016
Regulation Consultations
The Department for Work and Pensions is inviting views from employers and other interest parties on how statutory sick pay, GP fit notes and the Work Capability Assessment can be reformed in order to help those on long-term sick leave return to work.
Response Deadline: 17th February 2017
Regulatory Deadlines
Return Deadline: Operators with environmental permits submitting waste returns for Q3 2016 must do so by 31 October 2016.
Submission Deadline: 31st October 2016