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
Changes to provisions of the Copyright Designs and Patents Act relating to penalties for online copyright infringement have entered into force. The maximum sentence for online copyright infringement has increased from two to 10 years.
Start Date: 1st October 2017
Business Laws
Changes to the Primary Authority scheme have entered into force. The changes will simplify regulatory compliance for businesses by enabling them to choose to work with a single local authority who will offer assured, reliable and tailored regulatory advice.
Start Date: 1st October 2017
Business Laws
New legislation amending Northern Ireland's whistleblowing rules has entered into force. The legislation removes the requirement for a whistleblowing disclosure to be made in good faith, introduces a requirement for companies to produce annual reports on whistleblowing disclosures, and introduces a vicarious liability provision for employees who are discriminated against after making a protected disclosure.
Start Date: 1st October 2017
Regulator Services
From 1 October 2017, designers will be able to mark their product with a website address to show that the product is protected by a registered design. The webpage must clearly set out the registered design number or numbers relevant to the product in question.
Published Date: 1st October 2017
Business Laws
The Intellectual Property (Unjustified Threats) Act 2017 came into force on 1 October 2017. The Act will help businesses negotiate fairly over intellectual property disputes, while providing protection from unjustified threats. The Act will also provide clarity about what can and cannot be said when approaching another business about an alleged infringement.
Start Date: 1st October 2017
2nd
Business Laws
The Secretary of State for Business, Greg Clark, has announced the appointment of Paul Uppal as Small Business Commissioner. The Commissioner will help to resolve disputes between small and large businesses and will help drive a culture change in payment practices. The office of the Small Business Commissioner is expected to be operational by the end of 2017.
Published Date: 2nd October 2017
Legal Statistics
According to a survey from Collyer Bristow, 55% of UK SMEs are still not familiar with the General Data Protection Regulation, compared with 30% of larger companies. The survey also found that 18% of businesses would be at risk of going insolvent if they were forced to pay the new, higher maximum fines allowable.
Published Date: 2nd October 2017
3rd
Court Rulings
The High Court has ruled that a clause in a construction contract which allocated the risk of concurrent delays to the contractor was valid and enforceable. The ruling reinforces the general principle under English law that contracting parties may allocate risk as they see fit.
Published Date: 3rd October 2017
4th
Compliance Guidance
The Home Office has amended the language in its guidance on the Modern Slavery Act 2015 to help companies to comply with the requirement to produce a statement setting out their efforts to comply with the 'Transparency in Supply Chains' provision of the legislation. The move came after recent research revealed that 34% of supply chain managers required to produce a statement had not done so.
Published Date: 4th October 2017
Legal Statistics
According to a study conducted by AXA, 5% of lettings properties pose an ‘excess cold hazard’ to residents as they fall into the worst-rated Bands F and G. This means that more than 200,000 homes could be banned from the private rental market in April 2018, when new Minimum Energy Efficiency Standards come into force.
Published Date: 4th October 2017
6th
Court Rulings
The Competition Appeal Tribunal has upheld a £130,000 fine imposed by the Competition and Markets Authority (CMA) on a supplier of galvanised steel water tanks for taking part in an exchange of competitively-sensitive information on prices and pricing intentions. The ruling comes as part of an ongoing crackdown on cartels across all sectors.
Ruling Date: 6th October 2017
7th
Business Laws
Communities Secretary, Sajid Javid, has announced plans to require private landlords to register with an ombudsman scheme. The plans also include a proposal to ensure that all letting agents are registered. In addition, Javid announced that new incentives will be revealed in the Autumn Budget to ensure that landlords offer tenancies of at least 12 months.
Published Date: 7th October 2017
9th
Compliance Guidance
The Department for Business, Energy and Industrial Strategy has published new guidance for landlords of privately rented domestic and non-domestic property on how to comply with the 2018 ‘Minimum Level of Energy Efficiency’ standard. The standard will take effect from April 2018 for privately rented domestic and non-domestic properties.
Published Date: 9th October 2017
11th
Regulation Consultations
The government is inviting views from all interested parties on a new strategy to ensure the safety of UK internet users. The strategy contains a number of proposals including the introduction of a code of practice and levy for social media companies, as well as transparency reporting.
Response Deadline: 7th December 2017
Regulation Consultations
The Intellectual Property Office is calling for views from all interested parties on a new industrial strategy. The consultation seeks views on how to maximise the incentives of the Intellectual Property system with a view to stimulating collaborative innovation and licensing opportunities.
Response Deadline: 15th November 2017
Regulation Consultations
The Welsh government is inviting views from all interested parties on new regulations which will require landlords to ensure their properties are fit for human habitation. The regulations will require landlords to fit working smoke alarms and carbon monoxide alarms, as well as requiring electrical safety testing every five years.
Response Deadline: 12th January 2018
12th
Regulation Consultations
The government is inviting views from all interested parties on a planned programme to increase industry confidence in identifying and investing in opportunities for recovering and reusing waste heat from industrial processes and increase the deployment of recoverable heat technologies.
Response Deadline: 4th January 2018
Regulation Consultations
The Department for Business, Energy and Industrial Strategy is inviting views from all interested parties on proposals for streamlined energy and carbon reporting. It is proposed that mandatory annual reporting and disclosure of energy and carbon information should be done through Company Accounts.
Response Deadline: 4th January 2018
13th
Business Laws
Further details of the Parental Bereavement (Pay and Leave) Bill have been published ahead of its second reading. Under the Bill, employed parents who lose a child under the age of 18 will have the right to two weeks’ paid leave. In addition, employees with a minimum of 26 weeks’ continuous service will be eligible for statutory parental bereavement pay.
Published Date: 13th October 2017
Regulation Consultations
The Ministry of Justice is inviting views from travel industry bosses and other interested parties on measures to tackle the apparent rise in holiday sickness claims. The proposals include extending fixed recoverable costs to low value personal injury claims arising from package holidays.
Response Deadline: 10th November 2017
16th
Regulatory Deadlines
From 16 October 2017, the old round £1 coin will no longer be legal tender. Businesses will be able to refuse to accept the old coins and must ensure that all coin handling equipment is able to accept the new £1 coin.
Deadline: 16th October 2017
Legal Statistics - Risks
UK law firms are facing increasing competition from the US and must adapt to manage rising staff costs and increasing client expectations amid falling profits, a new survey from PwC has warned. In addition, the survey noted that the economic landscape remains difficult for firms as a result of ongoing economic uncertainty arising from Brexit.
Published Date: 16th October 2017
Legal Statistics - Risks
According to new analysis by RPC, the Medicines and Healthcare products Regulatory Agency issued 29 regulatory 'alerts' over medical devices in the year ending 29 June 2017, up 71% from the year before. One of the key drivers of the increase was a rise in ‘self-reporting’ by medical device manufacturers.
Published Date: 16th October 2017
17th
Regulation Consultations
The Department for Business, Energy and Industrial Strategy is inviting views from the oil and gas industry and other interested parties on proposed new measures to maintain the security of fuel supply to consumers. The proposals include the introduction of a regime to collect information from the downstream oil sector for the purposes of fuel supply resilience.
Response Deadline: 12th December 2017
18th
Business Laws
The government has introduced new legislation to Parliament which will enable it to continue to regulate the roll-out of smart meters to consumers and small businesses up to completion at the end of 2020.
Published Date: 18th October 2017
Regulation Consultations
The Department for Communities and Local Government is inviting views from all interested parties on measures to help create a fairer property management system. The call for evidence seeks views on whether a new regulatory model is needed for agents in the leasehold sector.
Response Deadline: 29th November 2017
Business Laws
New legislation which will give the UK the necessary legal powers to continue to implement sanctions and introduce tough new measures against states such as North Korea after Brexit has been introduced to Parliament. The Bill will also enable the UK to maintain existing sanctions regimes currently imposed through EU law.
Published Date: 18th October 2017
19th
Business Laws
The government has introduced new legislation to support the use of electric and driverless cars to Parliament. Under the Automated and Electric Vehicles Bill, insurers will generally be liable for damage arising from an accident caused by an insured automated vehicle.
Published Date: 19th October 2017
Court Rulings
A recent Scottish Court of Session ruling confirms that it does not have jurisdiction to wind up or make an administration order in respect of a company incorporated in England and Wales, even if its central business and operations are based in Scotland.
Ruling Date: 19th October 2017
Business Laws
The government has tabled amendments to the Electronic Communications Code regulations which aim to reduce the costs of housing phone masts and other communications infrastructure on private land. Under the reforms, it will be easier for telecoms operators and landowners to resolve legal disputes.
Published Date: 19th October 2017
EU Laws
Businesses that use computer algorithms to control the way they price their goods must ensure that their software operates in line with EU competition law and can be held liable if illegal behaviour takes place through algorithms, according to the director-general for competition, Johannes Laitenberger.
Published Date: 19th October 2017
20th
Crackdowns & Amnesty
The Gambling Commission, Advertising Standards Authority, the Committee of Advertising Practice, and the Remote Gambling Association have issued a joint letter to gambling operators warning them to amend or remove adverts that appeal to under 18s. Those that fail to do so will face sanctions.
Published Date: 20th October 2017
Compliance Guidance
The Article 29 Working Party has clarified that laws under the General Data Protection Regulation which will place restrictions on the 'profiling' of individuals will not just apply to data processing completed entirely automatically. The laws could also apply to cases where humans, as well as machines, are involved in the processing.
Published Date: 20th October 2017
22nd
Regulation Consultations
The Department for Communities and Local Government is inviting views from all interested parties, including estate agents, solicitors and mortgage lenders, on how to improve the home buying and selling process in order to make it cheaper, faster and less stressful.
Response Deadline: 17th December 2017
23rd
Business Laws
New legislation which will empower Welsh ministers to set a minimum price for the sale and supply of alcohol has been introduced into the National Assembly. The Bill also proposes powers of entry and inspection for authorised officers of local authorities and the introduction of an offence of obstructing an authorised officer.
Published Date: 23rd October 2017
Regulation Consultations
The Department for Business, Energy and Industrial Strategy is inviting views from all interested parties, including biomass energy developers and biomass feedstock suppliers, on implementing the EU’s new sustainability requirements for bioliquids, waste and residues used for electricity generation under the UK’s Renewables Obligations.
Response Deadline: 13th November 2017
Regulation Consultations
The government is inviting views on a proposed approach to implementing EU regulations on the control of mercury from users of mercury and those that deal with mercury waste. The regulations control imports and exports of mercury, restrict the use of dental amalgam, set storage and disposal requirements and restrict the creation of new mercury-added products.
Response Deadline: 21st November 2017
24th
Regulation Consultations
The government is inviting views from all interested parties on the practice of cash retention under construction contracts, whereby money can be held for extended periods after the project has been completed, to determine whether it is a barrier to investment, productivity improvements and growth.
Response Deadline: 19th January 2018
25th
Regulation Consultations
The Public Bill Committee is inviting written submissions from car manufacturers, technology providers, insurers and other interested parties on the Automated and Electric Vehicles Bill currently making its way through Parliament. The Bill will make provision for the registration of all driverless cars in the UK, and will address how liability for accidents involving such vehicles should be apportioned.
Response Deadline: 16th November 2017
26th
Regulation Consultations
The Scottish government is inviting views from all interested parties on proposed actions to improve diet and weight in Scotland. The proposals include taking action on junk food advertising, taking action on food purchases for consumption outside the home and practical support for SME food manufacturers to reformulate and develop healthier products.
Response Deadline: 31st January 2018
Regulation Consultations
The Department for Environment, Food and Rural Affairs is inviting views from all interested parties on proposals to change the way F-gas regulations are enforced in England and Scotland, as well as offshore marine areas, by introducing civil penalties.
Response Deadline: 24th November 2017
27th
Crackdowns & Amnesty
The Competition and Markets Authority (CMA) has launched an investigation into hotel booking sites amid concerns that they could be misleading people, preventing them from finding the best deal and potentially breaking consumer law. The CMA will review a number of practices carried out by booking sites, including search results ranking, pressure selling and discount claims.
Published Date: 27th October 2017
30th
Court Rulings
The Judicial Committee of the Privy Council has ruled that an individual was not liable for rent arrears under a lease granted to his company, even though the company was formed after the lease was finalised and a court later concluded that it was being used as an avoidance mechanism. The Council held that to look beyond a company's legal status and hold a director personally liable requires more than a claim that the company was a front.
Published Date: 30th October 2017
31st
Regulation Consultations
The government is inviting views from all interested parties on proposed changes to the gaming machines and social responsibility measures. Under the proposals, maximum stakes of B2 gaming machines will be reduced from £100 to between £50 and £2. The measures also include raising standards of player protection for online gambling.
Response Deadline: 23rd January 2018
Regulatory Deadlines
Waste operators with an environmental permit are required to submit a national operator waste return to the Environment Agency to report waste they have received or removed from their site. Returns for the period 1 July 2017 to 30 September 2017 must be submitted by 31 October 2017.
Submission Deadline: 31st October 2017
Business Diary: UK Regulations - October 2017