Business Diary: UK Regulations - November 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
New Regulation: The Solicitors Regulation Authority's new scheme for continuing competence, which will replace the current inputs based system of continuing professional development, will take effect from 1 November 2016.
Start Date: 1st November 2016
Rates & Reliefs
Rate Change: The fee structure for Patent Cooperation Treaty applications will change with effect from 1 November 2016. The search fee, the international fee and the e-filing fees will increase.
Start Date: 1st November 2016
Court Rulings
Sector Regulations Ruling: The UK Court of Appeal has ruled that anyone in possession of or selling grey goods – that is, trademarked goods which were manufactured by factories authorised by the brand owner and subsequently distributed without the brand owners knowledge – is liable to prosecution under the Trade Marks Act 1994.
Ruling Date: 1st November 2016
3rd
Regulation Consultations
Finance Consultation: The European Banking Authority is inviting views from all interested stakeholders on draft guidelines which will require payments services firms to disclose their business plan, procedures for handling security incidents and payment data, and measures to ensure service continuity under new EU laws.
Response Deadline: 3rd February 2017
4th
Regulation Consultations
Law Consultation: The government is seeking views from householders, professional bodies and building companies on the effective use of the current planning framework in the context of managing basement developments. This is part of a review of the planning law and regulations which relate to basement developments, asking whether any changes to the planning system need to be made.
Response Deadline: 16th December 2016
Business Laws
Government Activity: The UK government has blocked legislation which would have required employers to pay interns the National Minimum Wage. The debate on the Bill will now resume in February 2017.
Published Date: 4th November 2016
8th
Legal Statistics
Enforcement Statistics: The Claims Management Regulator investigated 53 claims management companies over potential breaches of the referral fee ban in Q3 2016. Of the investigations, 13 resulted in warnings.
Published Date: 8th November 2016
Court Rulings
UK Ruling: The UK High Court has ruled that a party to litigation cannot withhold documents from disclosure by describing them as "by their nature privileged" without providing further information about those documents.
Ruling Date: 8th November 2016
9th
Business Laws
Legal Regulation: The revised protocol will govern the actions and conduct of parties in dispute in construction and engineering cases before formal court proceedings begin. The changes include the introduction of a new optional protocol referee procedure, which will allow parties to seek advice on compliance from an independent referee.
Implementation Deadline: 9th November 2016
Business Laws
Government Activity: The Ministry of Justice's MedCo scheme has suspended 134 ‘shell’ companies set up by medical reporting organisations (MROs). The move comes after the deadline passed for MROs to comply with new qualifying criteria.
Published Date: 9th November 2016
10th
Compliance Guidance
Industry Guide: The European Food Safety Authority has published two guidance documents on novel food and traditional food from third countries. The guidance covers what information is required to conduct a risk assessment of these foods.
Published Date: 10th November 2016
Court Rulings
EU Ruling: A drug manufacturer cannot prohibit another company from buying their product in the European Economic Area and then marketing it in another EU country in new packaging if the company can show that without repackaging they would be restricted to selling the product in "a limited part" of that country, the EU Court of Justice has ruled.
Ruling Date: 10th November 2016
Legal Statistics
Employment Statistics: Law firm Blake Morgan is urging employers to act now to tackle unfair pay practices as laws and regulations become more stringent. New research from the firm revealed that the average female worker in the UK earns 13.9% less than her male counterpart.
Published Date: 10th November 2016
Court Rulings
EU Ruling: The EU Court of Justice has ruled that the technical functionality of a three-dimensional product's central features must be taken into account when determining whether or not the shape of that product qualifies for trademark protection.
Ruling Date: 10th November 2016
11th
Compliance Guidance
Export Guide: The UK government has published new guidance on the permissions required to export certain drugs and medicines, including medicines for animals. The guidance includes information on the required licences and certification.
Published Date: 11th November 2016
16th
Regulation Consultations
Sector Consultation: The government is inviting views from the building industry on how to keep energy bills for non-domestic properties at a minimum, continue to ensure the UK has a secure and resilient energy system and reduce carbon emissions cost-effectively.
Response Deadline: 27th January 2017
Regulation Consultations
The Department for Environment, Food & Rural Affairs is inviting views from operators of medium combustion plants (MCPs) and generators in England and Wales on draft plans to implement a Directive to limit emissions from MCPs and generators.
Response Deadline: 8th February 2017
Regulator Services
Export Services: The UK government has updated five open general export licences (OGELs) following an update to the EU dual-use list. In addition, the OGEL for the export of items where the international non-proliferation regimes have agreed to remove controls from their export control lists has been revoked.
Published Date: 16th November 2016
17th
Business Laws
Sector Regulation: The Department for Communities and Local Government is expected to release within weeks a proposal to end a ban on new homes being built taller than surrounding property in a bid to tackle the national housing shortage.
Published Date: 17th November 2016
Business Laws
Regulator Activity: The Medicines and Healthcare products Regulatory Agency has launched an initiative aimed at enhancing the market surveillance of medical devices by improving the coordination of activities by all EU member states.
Published Date: 17th November 2016
18th
Court Rulings
UK Ruling: The UK High Court has ruled that the permissible margin for error in surveyor professional negligence cases should not generally exceed 15% and surveyors facing a claim can only argue a margin of error greater than 15% in the most exceptional of circumstances.
Ruling Date: 18th November 2016
Court Rulings
IP Ruling: The UK High Court has ruled that online marketing activity carried out separately by two bathroom retailers respectively infringed trade mark and passing off rights. The case related to keyword advertising on Google's search engine
Ruling Date: 18th November 2016
Court Rulings
UK Ruling: The Court of Appeal has ruled that commercial third party funders are liable to pay the indemnity costs of a litigant found to be guilty misconduct, regardless of whether they themselves are guilty of any discreditable conduct.
Ruling Date: 18th November 2016
21st
Regulator Services
Immigration Services: From 21 November 2016, the Registered Traveller Service scheme will be extended to 16 new countries, including Argentina, Brazil, Chile, Malaysia and Mexico. The move aims to make it easier for international firms to do business with the UK.
Start Date: 21st November 2016
22nd
EU Laws
EU Regulation: The EU Commission has announced proposed changes to EU insolvency rules which would give businesses up to four months "breathing space" from enforcement actions from creditors in order to give them time to negotiate debt restructuring.
Published Date: 22nd November 2016
23rd
Business Laws
Property Regulation: Letting agents in England will be banned from charging fees to tenants, the government has announced in the Autumn Statement 2016. The executive director of the UK Association of Letting Agents warns that the move could result in an increase in costs for landlords.
Published Date: 23rd November 2016
24th
Regulation Consultations
Regulator Consultation: The Department for Environment, Food & Rural Affairs is inviting views from water companies and water supply and sewerage licensing (WSSL) licencees on the appeals process which will allow them to challenge Ofwat’s decisions to revise certain codes regulating the WSSL retail market.
Response Deadline: 13th December 2016
Regulation Consultations
Sector Consultation: The Medicines and Healthcare products Regulatory Agency is inviting views from individuals and businesses on proposed increases and additions to the current regulatory fees for medical devices.
Response Deadline: 13th January 2017
Business Laws
Immigration Regulation: A number of changes to the immigration rules will take effect from 24 November 2016. The changes include increases to the Tier 2 (General) salary threshold for experienced workers and the Tier 2 (Intra-Company Transfer) salary threshold for short term staff.
Start Date: 24th November 2016
27th
Business Laws
Government Activity: A van driver has been fined £200 – four times the penalty for smoking at the wheel – by a local council for failure to comply with a law which requires businesses to display No Smoking signs in all workplaces and vehicles. The law came into force in 2006.
Published Date: 27th November 2016
28th
EU Laws
EU Regulation: The EU Council has agreed on a draft regulation to ban unjustified geo-blocking between EU member states. The regulation sets out the circumstances under which traders will not be able to discriminate between customers from different countries with regard to general terms and conditions.
Published Date: 28th November 2016
Business Laws
Government Activity: The UK government has confirmed that it is proceeding with preparations for the ratification of the Unified Patent Court Agreement (UPCA). The UPCA aims to make it easier for businesses to protect and enforce their patent rights across Europe.
Published Date: 28th November 2016
Business Laws
Sector Regulations: New rules requiring Welsh takeaway businesses to promote their food hygiene ratings have come into force. Leaflets and menus which allow customers to order by phone or online must include a bilingual statement encouraging customers to check the food hygiene rating of the business on the food hygiene ratings website.
Start Date: 28th November 2016
29th
Regulation Consultations
Sector Regulations Consultation: The Department for Environment, Food & Rural Affairs is inviting views from businesses on the introduction of new packaging recycling targets for paper, steel, aluminium and wood for 2018 to 2020.
Response Deadline: 6th January 2017
Regulation Consultations
The government is inviting views from businesses, investors, workers and members of the public on how to enhance the UK’s corporate governance framework. The consultation addresses executive pay, employee and customer voices in the boardroom and corporate governance in large private businesses.
Response Deadline: 17th February 2017
Regulation Consultations
Sector Regulations Consultation: The Department for Transport is inviting views from suppliers or individuals with an interest in renewable fuels on proposals to increase the supply and sustainability of renewable transport fuels.
Response Deadline: 22nd January 2017
30th
Court Rulings
UK Ruling: The Court of Appeal has rejected an appeal against a recent High Court ruling which upheld the Standardised Packaging of Tobacco Products Act. Under the Act, tobacco companies are required to adopt plain packaging with picture health warnings covering 65% of the front and back.
Ruling Date: 30th November 2016
