CONSUMER LAW
SAFEGUARDING AGAINST PROPERTY FRAUD
Two new guides have been published by the Land Registry to advise the public on how to safeguard against property fraud.
Public Guide 17 explains the simple steps that can be taken to help prevent fraud or forgery, eg - if a property is not registered, to consider applying for voluntary first registration, which offers a 25°/o discount - and keep details on the register up-to-date. The guide is available at http://tinyurl.com/3zq3mo - pdf (Land Registry General Enquiries; tel: 020 7917 8888).
Public Guide 20 covers when evidence of identity must be lodged in support of an application for registration. It is available at http://tinyurl.com/4cpyh5 - pdf (pdf).
CANCELLATION OF CONSUMER CONTRACTS MADE AT HOME
Plumbers, decorators and other traders who enter into a written or oral contract after responding to an approach by a consumer will be brought within the scope of regulations proposed by the Dept for Business, Enterprise & Regulatory Reform to extend and replace existing regulations governing contracts made in a consumer's home, place of work or anywhere away from the trader's business premises.
The proposed regulations extend the cooling off period and cancellation rights currently applying only to contracts made by traders during unsolicited visits to those made during solicited visits. Where the contract is completed in writing, they also require that notice of cancellation rights be displayed prominently and clearly in the contract document.
A consultation paper, 'Cancellation of contracts made in a consumer's home or place of work etc Regulations 2008' (Urn 08/579), is available at http://tinyurl.com/3de8mj - pdf (DTI Publications Orderline; tel: 0845 015 0010). (Although the consultation closed on 22 April please refer to the information on 'Consultation Documents'.) Responses by 22 April.
UNFAIR SELLING RULES
Bogus closing down sales, prize draw scams and aggressive doorstep selling are among 31 types of unfair sales practices that will be banned by The Consumer Protection from Unfair Trading Regulations 2008, which are scheduled to come into force on 26 May. The regulations, which implement the EC Unfair Commercial Practices Directive 2005, also introduce a catch-all duty not to trade unfairly, close a number of the loopholes that unfair traders have been able to exploit and benefit honest traders by replacing or improving 23 pieces of current consumer protection legislation.
The draft regulations are available at http://tinyurl.com/2ovkcm (DBERR Public Enquiries; tel: 020 7215 5000).
CREDIT CARD COMPARISONS REPORT
An independent credit card price comparison website run by the Financial Services Authority is one of the main recommendations in a report carried out by the Office of Fair Trading, following a Super-Complaint by Which? that highlighted the fact that consumers choose credit cards without understanding all the issues that affect its cost.
Other recommendations include:-
• Improvement in the way information is presented in credit card issuers summary boxes.
• Standardisation of terminology in product literature.
• Improvements in consumer education about the benefits of shopping around.
The OFT will work with the industry to implement these three recommendations.
'Credit card companies: a report by the OFT is available at http://tinyurl.com/2qu5hb - pdf (Office of Fair Trading Publications; tel: 0800 3893158).
EMPLOYMENT
INCREASES IN EMPLOYMENT RIGHTS LEGISLATION PAYMENTS
The limits on payments and awards made to workers in the following employment rights cases increased from 1 February in GB under the annual index-linked formula:- statutory redundancy payments; basic and compensatory awards for unfair dismissal; the limit on guarantee payments made when employees are not provided with work; the minimum basic award for unfair dismissal in health & safety and certain other cases.
Full details of the new payments, The Employment Rights (Increase of Limits) Order 2007 / 3570, ISBN 0 11 080647 1, TSO, £3 and an explanatory memo, are available at http://tinyurl.com/2vdh4c (pdf) and http://tinyurl.com/36jdpd (pdf) respectively (The Stationery Office; tel: 0870 600 5522).
ENFORCING NATIONAL MINIMUM WAGE
National Minimum Wage arrears owed to a worker who has been underpaid will be calculated by reference to the current rate when it is higher than the rate in force at the time of the underpayment, under proposals designed to create a clearer deterrent to non-compliance and a fairer way of dealing with arrears.
Other proposed changes, which will be implemented subject to parliamentary approve on 1 October 2008, include a penalty payment for employers who fail to pay the NMW and changes the way criminal offences are investigated and enforced. NMW compliance officers will also have new inspection powers.
Full details of the proposed changes are available at http://tinyurl.com/34bp48. The Dept for Business, Enterprise & Regulatory Reform will issue guidance to employers and workers later this year and is already working with stakeholders to ensure an effective implementation process. The NMW helpline is on 0845 6000 678.
MAKING APPRENTICESHIPS A MAINSTREAM OPTION
A new National Apprenticeship Service is the key element of a government plan to ensure an apprenticeship is available for all young people by 2013 and to create significant growth in apprenticeships for older people. The Dept for Innovation, Universities & Skills anticipates that one in five of all young people will be undertaking an apprenticeship within the next decade.
Other measures include:-
• Action to make it easier for employers to improve the range of apprenticeships by, for example, introducing their own accredited qualifications.
• A pilot wage subsidy programme to make it more attractive for small businesses to offer high quality apprenticeships.
• Targets to increase apprenticeships in key public sector areas.
• A task force to improve the take-up of apprenticeships in London.
• Encouragement for companies that benefit from significant government-funded contracts to offer apprenticeships.
A joint DIUS and Dept for Children, Schools & Families report, 'World class apprenticeships: unlocking talent, building skills for all', is available at http://tinyurl.com/213fms (pdf). An 'Unlocking Britain's talent' leaflet is at http://tinyurl.com/2fuega - pdf (DIUS General Enquiries; tel: 0207 215 5555). The Command Paper (7316) 'Ready to work; skilled for work; unlocking Britain's talent', published jointly by DIUS and the Dept for Work & Pensions is available at http://tinyurl.com/3926z5 (pdf).
DELIVERING TRAINING AND SKILLS
Proposals for a new system for delivering 'flexible and responsive' training and skills to young people and adults and replacing the Learning and Skills Council by 2010 have been published jointly by the Dept for Children, Schools & Families and the Dept for Innovation, Universities & Skills in a White Paper entitled 'Raising Expectations'.
Under the proposed system, local authorities will receive £7bn to help colleges and 6th forms deliver the reforms needed to raise the education and training leaving age to 18, while £4bn will be channelled through a new agency to provide training for adults.
The aim is to ensure that, by 2010, all 16 and 17 year olds will have a choice of diplomas and apprenticeships, alongside GCSEs and A levels, while funding for adults will be channelled through a new Skills Funding Agency to help colleges and other providers meet the demands of employers and learners. The Agency will also take over the new National Apprenticeship Service.
'Raising expectations: enabling the system to deliver' is available at http://tinyurl.com/3cynkk (DCSF; tel: 0870 000 2288). Responses by 9 June.
EMPLOYMENT
REGULATION OF CONSTRUCTION SITE WASTE MANAGEMENT PLANS
Any construction project in England costing more than £300k will require a Site Waste Management Plan (SWMP) setting out how building materials and resulting waste will be managed, under The Site Waste Management Plans Regulations 2008 / 314, ISBN 0 11 080943 4, ISO, £3 (http://tinyurl.com/yo2hel - pdf) which came into force on April 6 in England. An Explanatory Memo is available at http://tinyurl.com/27su57 - pdf (The Stationery Office; tel: 0870 600 5522).
The client or principal contractor has the underlying responsibility of ensuring the SWMP is written at the construction design stage, then followed and updated during the project with the site's day to day activity. The SWMP regulations are intended to be self-regulated, with both the Environment Agency and local authorities having the powers to enforce them via fixed penalty notices or prosecution.
There will be two types of SWMP: a simpler version for projects between £300 - £500k and a much more detailed reguirement for projects over £500k. As the SWMPs purpose is to ensure that materials are managed efficiently, waste is disposed of legally and material recycling, reuse and recovery is maximised, the EA is recommending that projects under £300k would also benefit from developing one.
Further information, including a SWMP checklist, is available at
http://tinyurl.com/2arswo (Environment Agency General Enquiries: tel: 08708 506 506).
SECURING WATER FOR THE FUTURE
A target to reduce water usage from the current level of roughly 150 litres per person per day to 120 litres by 2030 through a combination of efficient technology, metering and tariffs is one of the key proposals in 'Future Water', Defra's new water strategy for England.
An independent review of water charging will look in particular at the role of metering and charging, including the possible introduction of compulsory metering in water-stressed areas.
Other proposals aim to tackle surface water drainage by introducing management plans, clarifying responsibility for sustainable drainage systems and reducing water pollution by tackling contaminants at source (see following two items); action to tackle point sources of pollution from, for example, industrial processes and sewage treatment works; changing planning rules so that permission for paving front gardens is not required provided porous materials are used.
Water companies will be brought within the scope of the Carbon Reduction Commitment Scheme, with a target to introduce 20°/o renewable energy by 2020. They will also research how to manage non-C02 greenhouse gas emissions better from waste water treatment.
Other elements of the strategy include:-progress on mapping surface water and groundwater flooding; a consultation later this year on proposals to make the abstraction licensing system more able to cope with the challenges of climate change; continued support for farmers on Catchment Sensitive Farming; the launch of a public consultation on draft social and environmental guidance to Ofwat.
'Future Water: the government's water : '.;
strategy for England' is available at http://tinyurl.com/ynk96x (Defra Publications; tel: 0845 955 6000).
CONTROL OF PHOSPHATES IN DOMESTIC LAUNDRY PRODUCTS
Alongside its new 'Future Water' strategy, Defra is consulting on options for controlling the use of phosphates in domestic laundry cleaning products. Phosphates are, together with nitrates, the main cause of excessive nutrient levels in water, with elevated phosphate levels tending to pose a greater threat to the biodiversity of fresh waters than nitrates.
'Consultation on options for controls on phosphates in domestic laundry cleaning products in England', which looks at options for voluntary and regulatory controls, is available at http://tinyurl.com/2hspvk (Defra Publications; tel: 0845 955 6000). Responses by 30 April (see above item).
IMPROVING SURFACE WATER DRAINAGE
With an estimated 80,000 properties at very high risk from surface water flooding and damage from the June/July 2007 floods estimated at £3m, Defra is inviting views from stakeholders on the implementation of measures to improve the way surface water is managed. Detailed proposals set out in a consultation paper include:-
• Establishing Surface Water Management Plans to co-ordinate the activities of those involved in water drainage. The consultation asks whether such plans should remain voluntary or become required in high risk areas and what roles each of the stakeholders should play.
• Clarifying responsibility for ownership and adoption of sustainable drainage systems (SUDS) and seeking views on encouraging SUDS as a viable alternative to connecting surface water into sewers. ' '
• Reviewing automatic right to connect under section 106 of the Water Industry Act 1991.
'Consultation on improving surface water drainage'is available at http://tinyurl.com/2xq9bb (Defra Publications; tel: 0845 955 6000). (Although the consultation for this and the next item closed on 30 April please refer to the information on 'Consultation Documents'.)
NEW HOMES TO BE 'ECO RATED1
From 1 May, all new homes will require a rating against the Code for Sustainable Homes, which includes energy, water and waste among nine categories of sustainable design, as the government accelerates the run-up to the introduction of zero carbon rated housing by 2016. The new measure will, says the Dept for Communities & Local Govt, enable buyers to see how green their new homes are and help stimulate the market for green buildings.
'The Code for Sustainable Homes: setting the standard in sustainability for new homes' is available at http://tinyurl.com/25qz4o (DCLG Publications; tel: 0870 1226 236).
Full technical guidance on compliance with the Code is available at http://tinyurl.com/25mous.
PLANNING EXEMPTION FOR MICROGENERATION
Homeowners will be able to install solar panels, ground source heat pumps and other microgeneration technologies without needing to get planning permission, under The Town and Country Planning (General Permitted Development) (Amendment) (England) Order 2008 / 675, ISBN 0 11 081181 9, TSO, £3 (http://tinyurl.com/2pkn6j - pdf) which came into force in England on 6 April. An Explanatory Memo is available at http://tinyurl.com/3cxqca (pdf) (The Stationery Office; tel: 0870 600 5522).
Solar panels must not protrude more than 200 mms from the roof slope and stand-alone panels must not exceed 4m in height or stand less than 5m from the boundary, while noise levels for micro-wind and air source heat pumps must not exceed 45 decibels.
THE FUTURE OF BUILDING CONTROL?
The statutory notification stages of building control will be removed and replaced by a risk-based approach to inspection, under Dept for Communities & Local Govt proposals designed to free good builders from the burden of 1 unnecessary inspections by focusing on the ; most dangerous failings.
Other key elements of the proposed new approach include:-
• The introduction of a review of building regulations every three years instead of the current continual changes.
• Restricting the use of building notices to protect home owners from builders who intend to carry out major projects without proper planning.
• Increased powers for local authorities to tackle illegal or botched construction -including an extension of the time limits for enforcement to two years.
• The potential use of fixed penalties and stop notices.
• me introduction ot a new guide on
extensions and conversions to help ••'•••••-homeowners and builders comply with the building regulations.
• The introduction of a seamless service linking planning and building control, plus more e-enabled internet services.
The future of building control: Consultation' is available at http://tinyurl.com/386ndq - pdf (DCLG Publications; tel: 0870 1226 236). Responses by 10 June.
THE SUSTAINABLE COMMUNITIES Aa 2007
The Dept for Communities & Local Govt is seeking views on draft regulations which provide a simple process whereby ideas generated by local people and communities are fed through their local authority to a body known as the 'selector' for shortlisting and passing on to central government.
As well as enabling local communities and local authorities to make suggestions for government action, the Sustainable Communities Act also requires the production of local spending reports that provide easy access to information about public funding spent in specific areas.
'Sustainable Communities Act 2007: Consultation on draft regulations and statutory guidance' is available at http://tinyurl.com/3bxva8 (pdf) (DCLG Publications; tel: 0870 1226 236). Responses by 12 May.
A timetable for implementation of the Act is included in another guide, which covers its main provisions and describes clause by clause what they mean, making it clear what has to be done, who has to do it and why they have to do it.
'Sustainable Communities Act 2007: a guide' is available at http://tinyurl.com/36gp7z (pdf).
GUIDANCE TO THE ENVIRONMENTAL PERMITTING SYSTEM
An overview of the Environmental Permitting system that came into force on 6 April has been published by the Environment Agency as part of a wide range of new guidance designed to cater for businesses, enforcers and local authorities.
'EPP overview booklet: Simplifying regulation for waste management and pollution prevention and control' is available, together with a range of other guidance, at http://tinyurl.com/2ulsuc (Environment Agency General Enquiries: tel: 08708 506 506). The site also provides a link to The Environmental Permitting (England and Wales) Regulations 2007/3538 (see Business Information 140, page 5).
NEW LIABILITY FOR SERIOUS-ENVIRONMENTAL DAMAGE
Operators of activities that can cause or threaten 'serious' environmental damage to certain species and habitats, water and land will be subject to obligations additional to those in existing environmental protection legislation, under draft legislation published by Defra to implement European Directive 2004/35 on environmental liability in England and Wales.
While broadly standing by its original stated intention not to go beyond the minimum requirements of the directive, Defra has extended its scope to include all Sites of Special Scientific Interest (SSSI). Species and habitats covered by Biodiversity Action Plans are, however, not covered, nor will strict liability be extended to activities not listed in annex III of the directive. The draft regulations also implement all the defences listed in the directive, including permit and state of the art defences, in full.
'Consultation on draft regulations and guidance implementing the Environmental Liability Directive 2004/35/EC with regard to the prevention and remedying of environmental damage' is available at
http://tinyurl.com/2963de (Defra Publications; tel: 0845 955 6000). Responses by 27 May.
NEW CARBON OFFSETTING CODE
Environment secretary, Hilary Benn, has challenged the voluntary carbon offsetting industry to develop strong standards for its products so they can be part of new Code of Best Practice that will initially only cover offsetting products that use Kyoto-compliant credits.
The principles that will need to be addressed by an industry standard are:-
• Additionality - the carbon savings must be additional to reductions that would have been made anyhow.
• Avoiding carbon leakage, where emissions are simply moved from one site to somewhere else.
• Permanence - ensuring reductions are not simply put off till later.
• Verification systems.
• Transparency of methodologies and procedures.
• Avoiding double counting.
When an industry consensus has been reached on a standard for voluntary credits and it has been operational for 6 months, it will be subject to an independent audit.
'Code of best practice for carbon offset providers'; is available at http://tinyurl.com/2s2ice (Defra Publications; tel: 0845 955 6000).
FARMING, FISHING & FOOD
THE PROVISION OF FOOD INFORMATION TO CONSUMERS
Mandatory front-of-pack nutrition labelling for energy, fat, saturated fat and carbohydrates, with specific reference to sugars and salt per 100ml/g or on a per portion basis is a key measure in European Commission proposals for
a regulation to simplify and consolidate existing texts on the provision of information to consumers on both packaged and non-packaged foods.
The mandatory nutrition declaration has to be accompanied by an indication of the percentage of the reference intake value provided by the food and the Commission has suggested reference intakes in an annex. A list of other positive nutrients can be included on a voluntary basis.
The proposed regulation will replace Directive 2000/13/EC on general labelling and Directive 90/496/EC for nutrition labelling, as well as recasting a number of other directives.
The proposals also aim to clarify and tighten country of origin rules and cover food sold loose/allergy labelling, distance selling and alcoholic drinks, as well providing a framework for national labelling schemes. Businesses will be given three years after the regulation is adopted to comply with the new rules.
A Food Standards Agency consultation paper, 'Proposal for a new regulation on the provision of food information to consumers', is available at http://tinyurl.com/3x93ok (Food Standards Agency Publications; tel: 0845 606 0667). Responses by 2 May.
SINGLE PAYMENT SCHEME FOR FRUIT, VEGETABLES AND WINE
Provisions to allocate new Single Payment Scheme (SPS) payment entitlements in respect of land growing permanent fruit, vegetables and nursery crops, with the potential for the same payments to be allocated for vines, have been published for consultation by Defra. Views are also sought on the criteria by which any new entlements will be allocated.
Some £1.5bn is expected to be paid out annually to British farmers under SPS, which was introduced in England in 2005 under the 2003 Common Agricultural policy reforms. Agreement was reached on reform of the both the fruit and vegetable sector in June 2007 and on the wine sector in December 2007. Each region of the UK has the flexibility to take its own decision on the options available under the reformed scheme.
'Consultation on the arrangements for the inclusion of fruit and vegetable crops, nursery crops and vines into the Single Payment Scheme' is available at http://tinyurl.com/ythsdn - pdf (Defra Publications; tel: 0845 955 6000). Responses by 23 May.
FINANCIAL AND LEGAL
INCREASE IN CONSUMER CREDIT LICENCE FEES
Increases in the licence fees paid by businesses that offer goods or services on credit, lend money or are involved in any activities relating to credit or hire apply from 6 April to cover the cost of the enhanced consumer protection provided by the Office of Fair Trading under the Consumer Credit Act 2006.
The fee to obtain or renew a standard credit licence for sole traders will increase from £135 to £230, while fees for all other applicants increase from £335 to £575. In most instances, however, the licences will be issued for an indefinite lifetime, with a further fee payable every five years to retain the licence.
Fees for licensed traders who wish to amend their details will increase from £50 to £80.
The Act gave the OFT the power to assess the competence of a business by assessing likely behaviour as well as past misconduct and also made it explicit that evidence of irresponsible lending would constitute an unfair business practice. It also allows OFT to impose requirements on licencees if it is dissatisfied with any aspect of their business, allow it to impose financial penalties up to £50,000 for breaches of requirements and strengthen its information-gathering powers.
Full details of the new fees are available at http://tinyurl.com/yosat8 (Office of Fair Trading Public Enquiries; tel: 0845 722 4499).
PACKAGE TRAVEL GUIDANCE
Updated guidance has been published by the Dept for Business, Enterprise & Regulatory Reform to give the travel industry greater certainty on whether what they are offering is considered to be a package holiday, and therefore requires financial protection, or whether it is a number of separate travel services. The guidance takes into account the Court of Appeal decision in the case of The Association of British Travel Agents Ltd v Civil Aviation Authority (Court of Appeal, Civil Division, Judgment 17 October 2006 -http://tinyurl.com/3dut5f), which considered the definition of a package holiday in regulation 2.1 of the Package Travel, Package Holidays and Package Tours Regulations 1992.
'What is a package?: A guidance note for travel organisers' (Urn 08/570) is available at http://tinyurl.com/2uf36n - pdf (DBERR Publications Orderline; tel: 0845 015 0010).
THE ENTERPRISE INVESTMENT SCHEME
HM Treasury is seeking views on how the Enterprise Investment Scheme could be made more accessible to investors and companies seeking finance, following the increase in the annual investor limit to £500,000 announced in Budget 2008.
Views are sought specifically on how users think the scheme could be simplified, how administrative and regulatory burdens could be reduced and how awareness of the scheme could be raised among potential users.
The EIS was introduced in 1994 to address capital market failure by incentivising investment in smaller, high risk companies with growth potential by using tax reliefs to lever additional private investment. It has helped to raise more than £6.1 bn invested in more than 14,000 companies.
The Enterprise Investment Scheme: a consultation document' is available at http://tinyurl.com/yo5ggh - pdf (HM Treasury General Enquiries; tel: 020 7270 4558). Replies by 20 June. ,.A. - <; ?
FURTHER SIMPLIFICATION OF INVESTMENT ADVICE DISCLOSURE
Following the introduction of the new regime for the conduct of investment business and the publication of the Conduct of Business Sourcebook (COBS) on 1 November 2007, the Financial Services Authority is proposing to further simplify investment advice disclosure.
As an extension of the principles-based approach to disclosure introduced in the COBS, the FSA proposes the introduction of a single disclosure document that combines the information in the Menu and Initial Disclosure Document. The aim is to simplify disclosure, while continuing to give firms discretion over how they present information to the consumer.
Consultation paper CP08/3, 'Simplifying disclosure: Information about services and costs' - which also seeks views on whether it would be appropriate for the industry to develop guidance in this area - is available at http://tinyurl.com/28wvzw - pdf (Financial Services Authority Switchboard; tel: 020 7066 1000). Responses are required by 19 May and the FSA intends publishing the final handbook text in July and bringing the new guidance into effect on 6 August.
STRENGTHENING THE FRAMEWORK FOR PROTECTING DEPOSITORS
In the light of the recent period of sustained turbulence and instability in global financial markets, HM Treasury, the Bank of England and the Financial Services Authority have published proposals for strengthening the UK's current framework for financial stability and depositor protection. The five main objectives of the proposals are to:-
• Strengthen the stability of the financial system, in the UK and globally.
• Reduce the likelihood of banks facing difficulties.
• Reduce the impact if a bank does get into difficulties.
• Provide effective compensation arrangements, in which consumers have confidence.
• Strengthen the Bank of England and ensure effective, co-ordinated actions by UK and international authorities.
Key changes identified in the consultation include the introduction of a statutory basis for the Bank of England's financial stability role and better governance within the Bank to support the new obligation, the introduction of an early warning system on global financial risks and improved cross border crisis management. . >.
'financial stability and depositor protection: strengthening the framework' is available at http://tinyurl.com/2gx6wj - pdf (HM Treasury General Enquiries; tel: 020 7270 4558). (Although the consultation closed on 23 April please refer to the information on 'Consultation Documents'.)
PROTECTING HOUSEHOLDERS FROM UNSCRUPULOUS BAILIFFS
Bailiffs will be required to undergo more training, new qualifications will raise standards and the Security Industry Authority will regulate all bailiffs in England and Wales, in a package of new measures designed to raise the level of professionalism and stamp out cowboy practices.
Other measures set out by the Ministry of Justice in a report based on responses to the 2007 consultation paper, 'Regulation of enforcement agents', include recognition of the need to look at the different compliance procedures. Extended powers of entry, which are governed by the Tribunals, Courts and Enforcement Act 2007, will not be brought into force until the statutory regulation of the industry is in place.
The MoJ's response to the consultation paper, 'Regulation of enforcement agents' (CP-R 02/07), is available at http://tinyurl.com/yp9wq2 pdf (Ministry of Justice General Enquiries; tel: 020 7210 8500).
FINANCIAL INCENTIVES FOR CARTEL WHISTLEBLOWERS
Financial incentives of up to £100,000 will be paid for information which helps the Office of Fair Trading identify and take action against illegal cartels. The incentives will initially be available for 18 months, after which time the OFT will decide whether it should be a permanent arrangement. Rewards will be paid only where the information is accurate, verifiable and proves useful in the OFT's anti-cartel work. It will also be calculated to a set, non-negotiable formula.
Anyone with information about cartels should contact the OR cartels hotline on 0800 085 1664 or email cartelshotline@oft.gsi.gov.uk.
DEVELOPING THE CREATIVE INDUSTRIES
5,000 apprenticeships will be secured in the creative industries by 2013, as one of 26 commitments in 'Creative Britain: new talents for the new economy', a government strategy that aims to move the creative industries into the mainstream of economic and policy thinking.
Produced jointly by the Dept for Culture, Media & Sport, Dept for Business, Enterprise & Regulatory Reform and Dept for Innovation, Universities & Skills, the strategy includes a comprehensive package of measures to provide greater protection for intellectual property and help creative businesses access finance. Specific commitments include:-
• An independent investigation of the path to next generation broadband.
• An annual World Creative Business Conference.
• The development of five new centres of excellence in creative skills with some of the country's most successful creators.
• Exploring the creation of a 14-25 Academic Hub, that will bring schools, art colleges and universities together.
The full plan, 'Creative Britain: new talents for the new economy', can be accessed at http://tinyurl.com/26buuc - pdf (DCMS General Enquiries; tel: 020 7211 6200).
CREATING A DEMAND FOR INNOVATIVE PRODUCTS AND SERVICES
Proposals to harness the power of government spending and use its regulatory response to climate change and other global challenges to create a demand for innovative products and services that can be sold into world markets, are set out in a Dept for Innovation, Universities & Skills White Paper, 'Innovation Nation'.
Following on from the announcement in Budget 2008 that the chancellor is looking into the practicality of setting a goal for innovative small and medium-sized enterprises (SMEs) to win 30°/o of all public sector business in the next five years, the White Paper includes a commitment for each government department to publish an Innovation Procurement Plan and initiates a review of the role regulation can play in stimulating innovation.
Headline commitments include:-
• The introduction of five new 'innovation platforms' to co-ordinate government support and funding to firms and organisations developing new products and solutions to global challenges.
• The provision of at least 1,000 'innovation vouchers' each year by 2011 to help fund SMEs in working with universities, FE colleges or research organisations to develop a new product or service.
• Doubling the number of Knowledge Transfer partnerships between businesses, universities and colleges.
• Piloting of a new Specialisation and
Innovation Fund to boost the capacity of FE colleges in raising businesses' innovation talent.
• Sponsoring Partnerships for Innovation, which bring together venture capitalists, academia and businesses together with other local partners to develop innovative solutions to local and regional challenges.
• The establishment of an Innovation Research Centre.
• Training Business Link advisors in Intellectual Property management so they can help small firms boost their ability to exploit IP.
'Innovation Nation' (Cm7345) is available at http://tinyurl.com/2dx7h8 - pdf (DIUS General Enquiries; tel: 0207 215 5555).
TEN YEAR ENTERPRISE STRATEGY
The cost to small firms of new regulation will be limited by regulatory budgets that restrict the amount of new regulation that each government department can introduce within a given period, under one of the key measures set out by the Dept for Business, Enterprise & Regulatory Reform in a 10-year strategy designed to encourage enterprise in the UK. Wherever possible, small firms will also be exempted from new regulation, or subject to simplified enforcement and an independent review will recommend ways of giving small businesses greater certainty on how to comply with legislation, starting with employment law.
Other measures set out in the strategy include:-
• There will be a 20°/o increase in funding to the Small Firms Loan Guarantee Scheme. Eligibility will be extended to growing businesses more than 5 years old.
• £12.5m will be co-invested in a £25m capital fund for women-led businesses.
• £30m support for mezzanine finance provision through Enterprise capital funds.
• An additional £30m will be made available to extend enterprise education to primary schools and FE colleges, while entrepreneur Peter Jones will be a partner in a National Enterprise Academy offering skills training and qualifications to 16-19 year olds.
• Funding to establish a national network of university enterprise clusters.
• Tailored support for young entrepreneurs, the over 50s and women.
• Measures promoting business to business mentoring, work placements, skills training, improved careers advice on self-employment, access support and finance for growth.
• An independent review of the barriers to SMEs winning a greater proportion of government contracts, including the practicality of setting a 30% target for government procurement from SMEs (small and medium sized enterprises).
'Enterprise: unlocking the UK's talent' is available at http://tinyurl.com/2mhpkp (DBERR Publications Orderline; tel: 0845 015 0010).
THE SAFETY OF COSMETICS
Proposed regulations that implement three directives that make minor technical amendments to existing regulations governing the safety of cosmetics have been published for consultation by the Dept for Business, Enterprise & Regulatory Reform. The proposed Cosmetic Products (Safety) Regulations 2008 also simplify the wording of the 2004 regulations, which they replace. The three technical directives:-
• Ban the use of iodopropynyl butylcarbamate (IPBC) in oral hygiene and lip gloss products and reduce the concentrations of IPBC allowed in other products.
• Introduce a labelling requirement for toothpaste containing 0.1% to 0.15% fluoride in respect of use by children aged six and under.
• Add a number of substances to the list of banned ingredients as part of the strategy to ensure only safe substances are used in finished hair dye.
The Cosmetic Products (Safety) Regulations 2008: Consultation' (Urn 08/689), which includes the draft proposed regulations, is available at http://tinyurl.com/yoe9r4 - pdf (DBERR Publications Orderline; tel: 0845 015 0010). Responses by 5 May.
MUUbKNIbAllUN Uh IMt IKAUt MAhlV ^ RULES (8
The seven existing changes to the Trade Marks Rules 2000 - which set out procedural and operational requirements for trade marks and trade mark applications - would be consolidated to increase accessibility and remove duplication, inconsistency and possible confusion under proposals published by the Intellectual Property Office.
The proposals also introduce changes designed to increase the speed and efficiency and reduce the cost of registration, bring the UK system fully into line with international best practice and enable ratification of the Singapore treaty on trade mark law.
'Consultation on modernisation and consolidation of the Trade Marks Rules' is available at http://tinyurl.com/yq6jah (UK Intellectual Property Office Switchboard; tel: 01633 814000). Responses by 26 May.
GAMBLING COMMISSION FEES FROM 1 AUGUST
Proposals for the first revised fees by the Dept for Culture, Media & Sport under the Gambling Act 2005 are based on the Gambling Commission's initial experience of licensing, compliance and enforcement since the new licensing arrangements were introduced on 1 January 2007.
As stated in the 2007 consultation, the proposed fees have been set at a level to enable the Commission to recover its costs. Changes have been made only where there were good grounds to consider the original assumptions were inaccurate and are therefore relatively minor. They will apply from 1 August and will be reviewed again next year. The consultation also includes a proposal for a revised way of calculating fees for remote casino, bingo and betting on virtual events.
'Gambling Act 2005 - proposals for Gambling Commission fees from 1 August 2008' is available at http://tinyurl.com/28zy3f (pdf). Responses by 2 June.
EVALUATION OF THE IMPACT OF THE LICENSING ACT 2003
While the introduction of the new licensing regime has not led to the widespread problems some feared, it has also clearly not achieved the reduction in alcohol-related disorder in all areas, concludes evidence gathered so far by the Dept for Culture, Media & Sport on the impact of the Licensing Act 2003. Overall crime and alcohol consumption are down but alcohol-related violence has increased in the early hours of the morning and some communities have experienced a rise in disorder.
Fewer than 4% of premises, including hotels, stores and supermarkets, have 24-hour licences and there are only two traditional pubs in the country operating for 24 hours. Bringing together 6 licensing regimes into a single integrated scheme has resulted in a reduction in red tape of an estimated value of £99m claims the DCMS.
In order to tackle alcohol-related disorder, the Home Secretary will bring forward legislation to increase the maximum fine for people disobeying an order to stop drinking or to give up their drink in a designated public place from £500 to £2,500, to make it easier for the police to disperse anti-social drinkers and to extend the use of Unacceptable Behaviour Contracts for young people caught drinking caught drinking in public.
'Evaluation of the impact of the Licensing Act 2003' is available at http://tinyurl.com/3xkghn - pdf (DCMS General Enquiries; tel: 020 7211 6200).
BURGLARY
Offenders who steal from elderly victims on the street or in their homes should face custodial sentences, recommends the Sentencing Guidelines Council in a consultation guideline that covers theft in breach of a trust, from the person, in a dwelling and from a shop, as well as burglary in a building other than a home.
Offences of theft from a shop was identified as the category that most often comes before the courts and the proposed guidelines stress that offenders who target small, independent retailers should face higher sentence, including community or custodial sentences for persistent offenders. Members of organised shoplifting gangs who intimidate their victims or use or threaten force should face jail sentences of up to four years.
The draft guideline is available at http://tinyurl.com/36ena7 - pdf (Sentencing Guidelines Secretariat; tel: 020 7084 8130). Responses by 23 May.
REVIEW OF PRIVATE RENTED SECTOR
An independent review of the private rented sector - which comprises some 2.6m homes rented from over half a million private landlords in England - will seek to identify what works well and what problems landlords and tenants face. Commissioned by the Dept for Communities Et Local Government, the review will look at how the increasing number of buy to let accommodation and student tenants have impacted on the sector, the quality of homes and who the users of the sector are.
The terms of reference for the review are available at http://tinyurl.com/2o353z - doc (DCLG Public Enquiries; tel: 020 7944 4400).
HEALTH AND SAFETY
CONSTRUCTION INDUSTRY OCCUPATIONAL HEALTH ONLINE TOOL
With 1.8m days lost in the construction industry last year through work-related ill health, compared to 0.9m days lost through accidents, the Health 6t Safety Executive has launched an online tool to provide the industry with a single point of access to clear guidance on managing health risks more effectively.
Targeted at large construction clients, designers and contractors, the Construction Occupational Health Management Essentials (COHME) tool explains the part each should play in managing occupational health issues such as dermatitis, asbestos, respiratory diseases and muskoskeletal disorders and identifies relevant regulations.
COHME can be viewed at http://tinyurl.com/3xfcxt (HSE Infoline; tel: 0845 345 0055).
HSE SLATES CONSTRUCTION REFURBISHMENT SECTOR
More than one in three of 1,000 construction sites on which the Health Et Safety Executive carried out spot checks during February were operating so far below the acceptable safety standard that work was stopped on 30°/o and 395 enforcement notices were served. Basic safety precautions were being flouted and issues such as work at height remain a huge concern.
Further information on 'Falls and trips in construction' is available at http://tinyurl.com/yqfpzq. ...
rots ratal injury statistics Tor zuub/u/ snow that out of 77 construction workers killed, 61°/o were on refurbishment sites. The high death rate changes a pattern consistent with continued reduction to one of no change since 2002/03. Across all sectors, falling from height remains the largest single cause of fatality, accounting for 19% of all deaths at work.
The report also reveals there were 34 deaths in agriculture, 35 in manufacturing and 85 in the services sectors. 90 members of the public were also fatally injured.
The full report, 'Statistics of fatal injuries 2006/07', is available at http://tinyurl.com/yq8fsy (HSE Books; tel: 01787 881165).
EXAMPLE HSE RISK ASSESSMENTS -
Examples of the kind of approach to risk assessments that small businesses in the road haulage, food preparation Et service and other sectors might take have been published by the Health Et Safety Executive at http://tinyurl.com/ytu8wb (HSE Infoline; tel: 0845 345 0055). The case studies, which apply the 'Five steps to risk assessment' model, are intended to be used as a guide and not as a generic risk assessment that users can simply adopt without any thought.
REDUCING EXPOSURE TO NOISE IN THE MUSIC AND ENTERTAINMENT SECTORS
Regulations introduced in 2006 to reduce exposure to noise in the workplace applied to the music and entertainment industries from 6 April 2008 in GB. The Regulations tightened the legal requirements in relation to noise at work by lowering the exposure action values. Practical guidelines developed by the Health & Safety Executive specifically for the music and entertainment industry are available at http://tinyurl.com/yps72f (HSE Infoline; tel: 0845 345 0055) together with a link to The Control of Noise at Work Regulations 2005 / 1643, ISBN 0 11 072984 6, TSO, £3 (http://tinyurl.com/2wmfqe - pdf). An Explanatory Memo is available at http://tinyurl.com/gl485 - pdf (The Stationery Office; tel: 0870 600 5522).
TAXATION
CORPORATION TAX BILL GETS THE TAX LAW REWRITE TREATMENT
The first of two bills that will together cover all the primary legislation relating to Corporation Tax is the fifth project in the Tax Law Rewrite initiative, which aims to make UK tax law easier to understand and use.
The Corporation Tax Bill, which has been published in draft form, covers the basic provisions relating to the charge to corporation tax, including those provisions used by companies in computing their income. It is proposed to publish the second Bill in February 2009.
The draft Bill is available at http://tinyurl.com/yquvnc. Comments by 23 May.
ENTREPRENEURS' RELIEF
HM Revenue Et Customs has published a short 'frequently asked questions' guide to entrepreneurs' relief, which was introduced into the new Capital Gains Tax regime to compensate entrepreneurs for the abolition of taper relief and the introduction of a flat 18°/o CGT rate (see Business Information 140, page 8). Topics covered by the guidance include the operation of the £1m lifetime allowance, the sale or commercial and residential property and agricultural land and the sale of shares. 'Entrepreneur's Relief FAQs' is available at http://tinyurl.com/2n6nwh.
HMRC INTEREST RATES
Interest rates paid on direct/indirect taxes and NICs paid late or overpaid were reduced with effect from 18 February as a result of the Bank of England's most recent cut in interest rates.
Details of the new rates are available at http://tinyurl.com/35p67y.
(For further information on any of the items in the Taxation section, please contact either your own Tax Office or Customs and Excise National Advice Service; tel: 0845 010 9000.)
TELECOMMUNICATIONS
UNFAIR ADDITIONAL COSTS ON , COMMUNICATIONS PROVIDERS'BILLS
Proposals that aim to prevent providers of broadband, mobile and pay-TV services adding unfair charges to consumers' bills are set out by Ofcom in draft guidance that has two main aims:- to ensure providers are clear and upfront with their customers and make it easier for them to understand their charges, and for charges that are not part of the price of the main service to be demonstrably fair.
The draft guidance targets specific areas, including the additional charges made when consumers opt to pay by cash or cheque instead of direct debit, cancel a contract or make late payments and protection for low income households.
Once the guidance has been finalised, Ofcom will give providers three months to comply then take enforcement action, if necessary through the courts.
A consultation paper, 'Ofcom review of additional charges', seeking views on the draft guidance is available at
http://tinyurl.com/28x292 (Ofcom Enquiries; tel: 0845 456 3000). Responses by 8 May. Related frequently asked questions for consumers are available at http://tinyurl.com/3yn8ok.
CLAMPING DOWN ON MOBILE MIS-SELLING
Proposals for new rules to stamp out misleading sales and marketing practices in the mobile market have been announced by Ofcom, following the industry's failure to respond to a warning to 'clean up its act' or to abide by a voluntary industry code to which five operators signed up in July 2007.
Ofcom is particularly concerned about two practices:-
Where customers are given false or inaccurate information when they want to buy a mobile contract.
Some cashback promotions offered by sales agents who fail to reimburse the consumer.
Ofcom is proposing a legally enforceable 'General Condition', with a maximum penalty up to 10°/o of relevant turnover if mobile operators fail to meet the following requirements:-
• Not to engage in dishonest, misleading or deceptive conduct and to ensure that those selling their products and services similarly do not mis-sell.
• To make sure the customer intends, and is authorised, to enter into a contract.
• To ensure consumers get the information they need at the point of sale.
• To ensure that terms and conditions of cashback deals offered by their retailers are fair.
• To carry out due diligence in respect of their retailers.
'Protecting consumers from mis-selling of mobile telecommunications services' is available at http://tinyurl.com/2zxkat (Ofcom Enquiries; tel: 0845 456 3000). (Although the consultation closed on 29 April please refer to the information on 'Consultation Documents'.)
PROPOSED CHANGES TO TELEPHONE DIRECTORY REGULATIONS
Following on from two regulatory disputes against BT relating to telephone directory services by The Number (UK) Limited and Conduit Enterprises Limited, Ofcom has established that the regulation it put in place in 2003 to ensure a single directory information service cannot remain without modification and has proposed revisions to it.
The aim is to ensure that end-users have access to at least one comprehensive directory and directory enquiry service, that subscribers have the right to be listed in it and that providers who assign telephone numbers provide all relevant information on fair and non-discriminatory terms.
In addition to an assessment of the sector and the proposed new regulation, the consultation paper also seeks views on whether it is necessary for Ofcom to intervene at all in the wholesale market for the maintenance of a centralised directory or whether businesses will meet the need without regulation. Telephone directory information obligations and regulations' is available at http://tinyurl.com/3az4ft (Ofcom Enquiries; tel: 0845 456 3000). Responses by 19 May.
WIRELESS TELEGRAPHY LICENCE EXEMPTIONS
The use of digital PMR 446 'walkie talkies' operating in the frequencies around 446 MHz was made exempt from licensing in the UK from 27 February under The Wireless Telegraphy (Exemption) (Amendment) Regulations 2008 / 236, ISBN 0 11 08092, TSO £3 (http://tinyurl.com/yo6usm - pdf) (The Stationery Office; tel: 0870 600 5522). Proposed changes to devices operating in the 169.4 - 169.6 MHz band were omitted in order to comply with an EC decision.
TRANSPORT
CUTTING ROAD WORKS DISRUPTION
From 2010, people carrying out roadworks will have to pass a test at an approved assessment centre every five years to show they have kept up with the latest techniques and best practice, under Dept for Transport proposals designed to reduce disruption by ensuring more work is done correctly first time round.
The new requirement will be implemented by an amended version of The Street Works (Qualifications of Supervisors and Operatives) (England) Regulations. A consultation paper, which includes a draft of the amended regulations, is available at http://tinyurl.com/37ld6t (DfT Publications; tel: 0870 1226 236). Responses by 15 May.
Additional measures designed to ensure road works are carried out quickly, safely and with minimum disruption were brought into force on 1 April by three sets of regulations:-
Local authorities will be able to insist that utilities give longer notice periods before starting work under The Street Works (Registers, Notices, Directions and Designations) (England) Regulations 2007/1951 (http://tinyurl.com/2d2omg - pdf).
A highway authority will be able to give a fixed penalty notice as an alternative to taking a case to magistrates court for seven offences in The New Roads and Street Works Act 1991 under The Street Works (Fixed Penalty Notices) (England) Regulations 2007/1952 (http://tinyurl.com/2713vf - pdf).
A highway authority will be able to apply to the secretary of state for permission to operate a permit scheme to strengthen its ability to carry out its network management duty, under The Traffic Management Permit Scheme (England) Regulations 2007 / 3372 (http://tinyurl.com/27325c - pdf) (The Stationery Office; tel: 0870 600 5522).
FAIRER PARKING
Local authorities should no longer use parking enforcement as a revenue-raising tool nor set targets for the number of tickets issued, under new regulations and statutory guidance brought into force from 31 March.
Designed to make parking enforcement fairer and more motorist-friendly, the new framework encourages councils to allow officers more discretion over when a ticket is issued, including issuing verbal warnings for minor offences. Local authorities are also strongly advised to use wheel-clamping only against those who persistently evade their penalty charges.
Councils outside London can issue lower penalties for less serious offences and all authorities have to include details of appeals procedures on their tickets. Independent parking adjudicators have also been given more power, including the right to ask authorities to reconsider penalty charges when there are mitigating circumstances.
The framework has also made it clear that local authorities should:-
• Publish and promote their enforcement policies and penalty charge levels openly and clearly.
• Regularly appraise their parking policies in consultation with drivers and businesses.
• Ensure parking attendants have clear evidence that a vehicle was parked in contravention before issuing a ticket.
• Make sure staff have the proper skills, training and resources to provide a fair, consistent and professional service.
• Only use CCTV to enforce parking rules where it is practical or dangerous for an attendant to operate.
The Civil Enforcement of Parking Contraventions (England) General Regulations 2007 / 3483 are available at http://tinyurl.com/37xh6e (pdf). An explanatory memo to them and four other linked regulations is available at http://tinyurl.com/36bly5 - pdf (The Stationery Office; tel: 0870 600 5522).
REFORMING THE BUS SERVICE OPERATORS' GRANT
Proposals to reform the Bus Services Operators Grant (BSOG) to encourage bus operators to reduce the environmental impact of their vehicles have been published by the Dept for Transport.
BSOG, which subsidises bus operators by reducing the rate of duty from 50.35p per litre to 41.21 ppl, will be worth an estimated £413m in 2007/2008 and is the largest proportion of direct funding for bus services outside concessionary fares (£725m). In order to provide greater incentive for operators to invest in fuel efficiency, the DfT proposes to introduce a cap for services with high average fuel consumption, a new rate for low carbon buses and support for the Safe and Fuel Efficient Driving demonstration project (SAFED).
In order to enable operators to benefit from the full uncapped rate of BSOG while improving their own fuel efficiency, the proposed package of measures includes a SAFED demonstration programme.
'Bus subsidy consultation' is available at http://tinyurl.com/23d4oy (DfT Publications; tel: 0870 1226 236). Responses by 5 June.
PROPOSED FEE INCREASES FOR MoT TESTS
Proposals to increase the maximum fees that can be charged for each of the 11 classes of MoT tests covered by the Motor Vehicles (Test) Regulations by 5.4% to cover two year's anticipated inflation plus an increase per test of £1.71 to £1.85 in the amount that goes to VOSA (Vehicle and Operator Services Agency) to cover its cost of administering the MoT scheme have been published for consultation by the Dept for Transport. Under the proposals the new fee for cars and light vans, for example, would increase from £50.35 to £53.10.
The consultation paper, 'Changes to MOT test fee maximums in the motor vehicle test regulations 1981', and an impact assessment are available at http://tinyurl.com/3326gh (DfT Publications; tel: 0870 1226 236). (Although the consultation closed on 30 April please refer to the information on 'Consultation Documents'.)
NEW DRIVING TEST FEES
The new driving test fee structure, that was published for consultation by the Driving Standards Agency last summer along with proposals to modernise test arrangements, was brought into force on 1 April.
Theory tests for car drivers and motorcycle riders now cost £30, while practical tests for car drivers are £56.50. The new more demanding practical motor cycle test will cost £80 when it is introduced on 29 September, when a network of centres for the new off-road element will have been constructed.
The DSA's complete response to the consultation, 'Improved services for customers and general fee increases for 2008', is available at http://tinyurl.com/2trhoc - pdf (Driving Standards Agency; tel: 0115 901 5921).
ADVANCED MOTORWAY SIGNALLING AND TRAFFIC MANAGEMENT
Results to date from the M42 pilot of opening up the hard shoulder to traffic indicate benefits in relation to traffic flow, journey time reliability, emissions and compliance without compromising safety, concludes an independent study commissioned by the Dept for Transport into the feasibility, costs and benefits of extending advanced signalling and traffic management schemes more widely across the motorway network.
The use of the hard shoulder with a 60 mph speed limit, and implementing innovative managed motorway solutions such as traffic segregation and various forms of access control, could be introduced now subject to availability of funds. For the future, the infrastructure would support in-vehicle communications and other advanced technologies that could improve driver information, traffic management and road safety, concludes the report.
'Advanced motorway signalling and traffic management feasibility study' is available at http://tinyurl.com/yq6mh7 (DfT Publications; tel:0870 1226236).
PROTECTING VULNERABLE ROAD USERS
The Dept for Transport has expressed concerns about the feasibility and cost-benefit claims of European Commission's proposals to replace two existing directives relating to the protection of vulnerable pedestrians with a single regulation that introduces active, as well as the current passive, safety measures.
The EC proposals involve repealing Directive 2003/102/EC dealing with the protection of pedestrian and other vulnerable road users and Directive 2005/66/EC concerning frontal protection systems (bull bars) on new passenger cars. The proposed replacement regulation removes the upper limit for passenger cars and increases the upper maximum mass limit for light goods vehicles from 2.5 tonnes to 3.5 tonnes. Only light goods vehicles derived from passenger cars fall within the scope of the current legislation.
Areas of concern identified in a DfT consultation include:-
Proposals to exempt goods vehicles - but not passenger vehicles with up to eight passenger seats - with 'flat front 'design will create anomalies in that some vehicles will be exempt while others of almost identical design will have to comply. Some vehicles will also be exempt as a goods vehicle but subject to requirements as a passenger vehicle.
The DfT queries the Commission's claim that the proposed requirement for enhanced braking function (emergency brake assist) as an 'active' safety measures will bring 'significant' benefits and the feasibility of implementing the technology within 9 months.
The Commission's proposal that vehicles equipped with collision avoidance systems should be exempt from passive safety requirements does not take into account that such technologies are at an early stage of development. The DfT also highlights the long and complex implementation timetable, which runs over 11 years and 6 months.
'Consultation on the proposal for a regulation on the protection of vulnerable road users' is available at http://tinyurl.com/25u9ej (DfT Publications; tel: 0870 1226 236). (Although the consultation closed on 18 April please refer to the information on 'Consultation Documents'.)
IMPROVING STRETCHED LIMOUSINE SAFETY
New guidance detailing the safety, licensing and registration requirements that must be met before a stretched limousine can carry passengers safely has been published by the Dept for Transport as the first of a package of measures to help improve the safe operation of such vehicles.
From 28 January, limousines and other vehicles with up to 8 passenger seats ceased to be exempt from licensing as a PHV (Private Hire Vehicle). From this summer, limousines with more than 8 passenger seats will be required to undergo stringent pre-registration checks to make sure they meet GB safety and environmental standards. The guidance is available at http://tinyurl.com/2u2kod (DfT Publications; tel: 0870 1226 236).
TOWING CARAVANS AND TRAILERS
Practical demonstrations on how to attach a trailer or caravan correcty to a car and how to maintain it, plus advice on preparing and planning for a journey, speed limits, breakdown recovery and licensing are all available from a new DVD developed by the Highways Agency. 'Fit to tow' will be available in a number of formats and a text-only transcript is also available. To obtain a copy of the video and an accompanying leaflet call the Highways Agency Information Line on 08457 50 40 30. Further information on 'Fit to tow' is also available at http://tinyurl.com/2rpwts.
BEWARE OF STOLEN VEHICLE REGISTRATION CERTIFICATES
A warning to motorists to be on the lookout for stolen vehicle registration certificates (V5Cs) has been issued by the Driver & Vehicle Licensing Agency. If the serial number of the registration document falls within the following ranges, they are advised to report the matter to the police and not to buy the vehicle.
BQ9167501 to BQ9190500; BG9190501 to BG9214000; BG8407501 to BG8431000; BG9282001 to BG9305000.
The stolen certificates also have a different background colour on the Notification of Permanent Export (V5C/4) tear-off slip on the second page, which is mauve on the front and pink on the back, instead of mauve on both sides. If a serial number is not present at the top right hand corner of the certificate, or looks to have been altered or the vehicle is accompanied by only a part of the registration document, customers are also advised not to proceed.
Advice is available from the DVLA hotline on 0870241 1878.
CHANGES TO 'RED DIESEL1 VEHICLE CATEGORIES
Section 12 of Schedule 1 of the Hydrocarbon Oil Duties Act 1979, which sets out categories of road construction and maintenance vehicles allowed to use rebated gas oil ('red diesel'), was replaced by two new categories with effect from 1 April:- Section 13A redefines road surfacing vehicles and section 13B redefines tar sprayers. Vehicle which do not meet these new definitions may no longer use red diesel and the tanks must be washed out with road fuel and the filters changed before they are used.
HM Customs & Excise has also clarified its policies relating to digging machines, warning that it will apply a strict and literal interpretation of the law to high-sided vehicles adapted to carry compressors, which will not qualify to use red diesel unless they are designed and constructed for the purpose of digging. Likewise, pole erection vehicles will not be allowed to carry the poles that are to be erected or any other load unless it is necessary for their propulsion or equipment.
Further details are available from Revenue & Customs Brief 17/08, which is available at http://tinyurl.com/34yozt (Customs and Excise National Advice Service; tel: 0845 010 9000).
AVIATION DUTY
Options for the detailed design of the new 'per plane' Aviation Duty announced in the Pre-Budget Report 2007 as a replacement for Air Passenger Duty have been published for consultation by HM Treasury, together with a number of proposals for how it would operate.
The new duty, which aims to encourage more efficient use of planes by taxing all similarly sized planes the same, no matter how many passengers they are carrying, will, as a starting assumption, apply to all planes taking off from the UK. Issues considered in the consultation include the basis of the duty, exemptions, general aviation, impact on the freight & transit/transfer industry and administrative details.
'Aviation Duty - a consultation' is available at http://tinyurl.com/33my9l - pdf (HM Treasury General Enquiries; tel: 020 7270 4558). (Although the consultation closed on 24 April please refer to the information on 'Consultation Documents'.).