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Legislation update – May 2021


Keep up to date with the latest government consultations, recently closed consultations and notable headlines.

Current consultations   

DfT – Safe use rules for automated vehicles (AV) 

Proposes amendments to The Highway Code to introduce a new section regarding rules for the safe use of automated vehicles on motorways. 

Released 28/04/2021 – Closes 28/05/2021. 

 

Consultation seeking views and evidence on revising the night flight dispensation guidance, allowing airport operators and the Secretary of State for Transport to disregard movements from the existing restrictions in certain circumstances. it seeks evidence on the night flight restrictions at the designated airports beyond 2024 including: structure of the government’s night noise quota count system, length of the future regime, and future movement and noise quota allowances. The consultation also seeks views on our national night flight policy, including on the health impacts of aviation noise at night and the economic value of night flights plus the emergence of new technology. Released 04/03/2021 - Closes 31/05/2021. 

DfE – Flexi-job apprenticeships: reshaping the role of apprenticeship training agencies 

This consultation considers how flexi-job apprenticeship schemes can support the growth of apprenticeships in sectors where short-term and project-based contracts are the norm. 

Released 20/04/2021 – Closes 01/06/2021. 

This consultation sets out the government’s proposals to introduce a national performance-based policy framework for rating the energy and carbon performance of commercial and industrial buildings above 1,000m² in England and Wales, with annual ratings and mandatory disclosure as the first step. The consultation is in 2 parts: the strategy paper outlines the rationale for the policy, its aims and proposals on how to implement it, and the consultation on phase one of the policy, which sets out proposals for implementing annual performance-based ratings in commercial and industrial offices above 1,000m² in England and WalesReleased 17/03/2021, closes 09/06/2021 

Defra wants to know what you think about plans to introduce an Extended Producer Responsibility scheme for packaging. This will mean that packaging producers will pay the full cost of managing packaging once it becomes waste. The aim is to encourage producers to use less packaging and use more recyclable materials, reducing the amount of hard to recycle packaging placed on the market. DEFRA are seeking views on how the scheme will operate, including, scheme design, scheme governance, implementation timelines, and how the scheme will be enforced.  Released 24/03/2021, closes 04/06/2021  

The government is publishing a call for evidence to begin to explore the opportunities and challenges of more frequent payment of income tax within Income Tax Self-Assessment, and of corporation tax for small companies, based on in-year information. Released 23/03/2021, closes 15/06/2021. 

BEIS – Role of biomass in achieving net zero: call for evidence 

This call for evidence aims to strengthen the government’s evidence base around biomass and will contribute to a review of the potential for biomass to support the UK’s net zero target. 

Released 20/04/2021 – Closes 15/06/2021. 

HMRC is seeking views on how the tax administration framework could be updated and simplified to provide a better experience for individuals and organisations. Released 23/03/2021, closes 13/07/2021. 

Recently closed consultations   

Home office – New plan for immigration – Closing 06/05/2021 

The Home Office sought views about a new approach to asylum and immigration policy, including possible measures addressing illegal immigration that would affect international hauliers whose UK-bound vehicles are targeted by migrants and smuggling groups. Measures under consideration include changes to the Civil Penalty Accreditation Scheme as well as a new offence for failure to properly secure the vehicle even if no illegal migrant is found on board. The Home Office is also considering increasing the amount the penalty facing hauliers, which is currently £2000 per illegal migrant found on board.   

BEIS – UK internal market: the continuity of exclusions from the principles of mutual recognition and non-discrimination for services 

This consultation seeks information about the possible exclusion of certain services from the mutual recognition and non-discrimination principles under the UKIM Act. It also seeks information to help determine whether current exclusions in Schedule 2 to the UKIM Act which reflect the pre-existing exclusions set out in the 2009 Regulations are upheld or deemed redundant. The UKIM Act establishes two UK market access principles to protect the flow of goods and services in our home market: the principle of mutual recognition, and the principle of non-discrimination.  

Released 25/02/2021, closes 23/04/2021. 

DfT & BEIS - UK Emissions Trading Scheme free allocation review: call for evidence - closed 23/04/2021.  

Within the context of the UK government and devolved administration’s ambitious climate targets, BEIS are calling for evidence now on how our use of free allocations can better incentivise emissions reduction, and protect energy intensive, trade exposed industries from the risk of carbon leakage.  

OZEV (Office for Zero Emission Vehicles) – The consumer experience at public charge points -  closed 10/04/2021.  

OZEV is seeking views on ease of payment, opening up charge point data, using a single payment metric and reliability of public charge points to inform legislation planned for autumn 2021. There will be consultation workshops running throughout the consultation period. If you would be interested in attending these events, please contact, consumerofferconsult@olev.gov.uk.  A series of workshops are also planned for the summer after this consultation closes.  

Welsh Government. Developing the hydrogen energy sector in Wales closed 09/04/2021.  

The report sets out a pathway for developing the hydrogen energy sector in Wales. Proposals include deploy fuel cell buses, create an early market/demand for fuel cell vehicles, attract new zero-emission automotive industry to Wales, demonstrate fuel cell train(s)and seek to develop ‘place based’ hydrogen opportunities within local or regional areas.  

House of Commons Transport Select Committee – call for evidence – The roll out of Smart motorways  –closed 09/04/2021.   

The Committee is seeking views on the benefits of smart motorways, including how to reduce congestion and how necessary they are. The review will investigate the safety, and the adequacy of safety measures in place and how safety could be improved. It will also look at how to improve public perception of smart motorways.   

Welsh Government – White Paper on a Clean Air (Wales) Bill  – closed 07/04/2021.  

This consultation sets out the potential provisions for a Clean Air (Wales) Bill. The proposals aim to reduce air pollution and its impacts. The proposals consist of measures which are implemented through primary legislation and, at the same time, establish frameworks to design and implement secondary legislation. (Proposals include road charging and CAZ/LEZ).  

Scottish Government – Second Strategic Transport Projects Review (STPR2) – closed 31/03/2021   

STPR2 takes a national overview of the transport network with a focus on regions and will help deliver the vision, priorities and outcomes that are set out in the new National Transport Strategy (NTS2). the Scottish government are asking for feedback. Released 03/02/2021, closes 31/03/2021.  

Scottish Government – Net Zero Nation: Draft Public Engagement Strategy for Climate Change.    

In this document the Scottish Government sets out their framework for engaging the public and encouraging action over the next three to five years. The strategy has been published as a draft for consultation.  

Highways England – Reviews to improve safety on motorways and highspeed roads– closed 29/03/2021 

This consultation is seeking views on proposed changes to The Highway Code to improve safety for users of motorways and high-speed roads. The proposed changes include new and additional guidance on 1/ the availability, appearance, and safe use of emergency areas. 2/ the use of variable speed limits to manage congestion. 3/ the use of the red ‘X’ sign to close lanes and provide a safer area for the people and vehicles involved in incidents and roadworks. 4/ the use of hard shoulders that become extra lanes during periods of congestion. 5/ how road users can help keep themselves safe in the event of a breakdown, and 6/ how safety cameras are employed to promote compliance with speed limits and lane closures.

 

Published On: 06/05/2021 17:00:47

 

Ian Gallagher, Head of Compliance Information


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