Environmental Legal Framework
Key UK regulations that influence and control the impact of RFL Property Services Ltd operations to protect the environment:
Health & Safety at Work Act 1974
- Key Points: Establishes the general duties of employers, employees, and others to ensure workplace health and safety. Requires safe operation and maintenance of the workplace, safe use of substances, and adequate training and supervision.
Control of Substances Hazardous to Health Regulations 2002 and Control of Substances Hazardous to Health (Amendment) Regulations 2004
- Key Points: Requires employers to assess risks from hazardous substances, implement control measures, provide information and training, and conduct health surveillance.
Control of Noise at Work Regulations 2005
- Key Points: Sets exposure limits for noise at work, requires risk assessments, provision of hearing protection, and health surveillance for workers exposed to high noise levels.
Health and Safety (First Aid) Regulations 1981 (as amended)
- Key Points: Mandates employers to provide adequate and appropriate first aid equipment, facilities, and personnel to ensure immediate attention to employees if injured or taken ill at work.
- Key Points: Allows for the reform of legislation imposing burdens on businesses, enabling the creation of Regulatory Reform Orders to simplify and reduce regulatory burdens.
The Regulatory Reform (Fire Safety) Order 2005
- Key Points: Consolidates fire safety legislation, requiring responsible persons to carry out fire risk assessments, implement fire safety measures, and maintain fire safety equipment.
- Key Points: Clarifies the scope of the Fire Safety Order to include the structure, external walls, and flat entrance doors of multi-occupied residential buildings, requiring these to be included in fire risk assessments.
- Key Points: Introduces new regulations for building safety, including the establishment of the Building Safety Regulator, and imposes duties on building owners to manage safety risks in high-rise residential buildings.
Fire Safety (England) Regulations 2022
- Key Points: Implements recommendations from the Grenfell Tower Inquiry, requiring building owners to provide information to fire services, conduct regular checks on fire safety equipment, and provide fire safety instructions to residents.
The Electricity at Work Regulations 1989
- Key Points: Requires precautions to be taken against the risk of death or personal injury from electricity in work activities, including the maintenance of electrical systems and provision of safety equipment.
Control of Asbestos Regulations 2012 (2012 No. 632)
- Key Points: Imposes duties on employers to manage asbestos in buildings, including risk assessments, control measures, and health surveillance for workers exposed to asbestos.
Environmental Protection Act 1990
- Key Points: Establishes a framework for waste management and control of pollution, including duties on businesses to manage waste responsibly and prevent environmental damage.
Control of Pollution (Oil Storage) Regulations 2001
- Key Points: Requires measures to prevent pollution from oil storage, including the use of secondary containment systems and regular maintenance of storage facilities.
Controlled Waste (England and Wales) Regulations 2012
- Key Points: Classifies waste and sets out requirements for its collection, treatment, and disposal, including the responsibilities of waste producers and carriers.
Environmental Protection (Duty of Care) Regulations 1991
- Key Points: Imposes a duty of care on businesses to manage waste responsibly, including keeping records of waste transfers and ensuring waste is handled by authorized persons.
Control of Pollution (Amendment) Act 1989
- Key Points: Introduces measures to control pollution from various sources, including the regulation of waste carriers and the prevention of water pollution.
The Waste Electrical and Electronic Equipment (Amendment) (No. 2) Regulation 2018 (SI 2018/1214)
- Key Points: Introduces additional amendments to the WEEE Regulations to enhance the recycling and treatment of waste electrical and electronic equipment.
Noise and Statutory Nuisance Act 1993
- Key Points: Defines statutory nuisances related to noise and provides local authorities with powers to take action against noise nuisances.
Wildlife and Countryside Act 1981
- Key Points: Provides for the protection of wildlife, the countryside, and the designation of protected areas such as Sites of Special Scientific Interest (SSSIs).
Countryside and Rights of Way Act 2000
- Key Points: Enhances public access to the countryside, strengthens the protection of SSSIs, and provides for the management of Areas of Outstanding Natural Beauty (AONBs).
Protection of Badgers Act 1992
- Key Points: Protects badgers and their setts from harm, including provisions against killing, injuring, or taking badgers, and damaging or obstructing setts.
Conservation (Natural Habitats etc) Regulations 1994 as amended by 1997 Regulations
- Key Points: Implements the EU Habitats Directive, providing for the conservation of natural habitats and wild fauna and flora, including the designation of Special Areas of Conservation (SACs).
Ozone-Depleting Substances Regulations 2015
- Key Points: Consolidates and updates previous regulations on the control of ozone-depleting substances, including provisions for the phase-out of certain substances.
- Key Points: Amends existing regulations to ensure the continued regulation of ozone-depleting substances and fluorinated greenhouse gases after the UK's exit from the EU.
The Fluorinated Greenhouse Gases Regulations 2015 (SI 2015/310)
- Key Points: Implements EU regulations on fluorinated greenhouse gases, including requirements for the containment, use, recovery, and destruction of these gases.
- Key Points: Sets legally binding targets for reducing greenhouse gas emissions, establishes a framework for carbon budgeting, and creates the Committee on Climate Change.
The Landfill Tax Regulations 1996 (amended at least annually - latest 2019)
- Key Points: Imposes a tax on the disposal of waste to landfill, providing an economic incentive to reduce waste and promote recycling.
Environmental Damage (Prevention and Remediation) Regulations 2009
- Key Points: Implements the EU Environmental Liability Directive, requiring businesses to prevent and remediate environmental damage to water, land, and biodiversity.
The Environmental Damage (Prevention and Remediation) (England) (Amendment) Regulations 2015 No. 1391
- Key Points: Amends the 2009 regulations to extend the scope of environmental damage to include marine waters beyond 12 nautical miles.
Clean Neighbourhoods and Environment Act 2005
- Key Points: Provides local authorities with powers to tackle environmental issues such as litter, graffiti, fly-tipping, and noise pollution.
Control of Noise (Codes of Practice for Construction and Open Sites) (England) Order 2002 SI 461
- Key Points: Approves codes of practice for minimizing noise and vibration from construction and open sites in England.
Noise Emission in the Environment by Equipment for Use Outdoors (Amendment) Regulations 2005
- Key Points: Sets maximum noise levels for equipment used outdoors, such as lawnmowers and construction machinery, to reduce environmental noise pollution.
Statutory Nuisance (Appeals) Regulations 1995
- Key Points: Provides a process for appealing against abatement notices served by local authorities for statutory nuisances, including noise, dust, and odors.
The Statutory Nuisance (Appeals) (Amendment) (England) Regulations 2006
- Key Points: Amends the 1995 regulations to update the appeals process for statutory nuisances in England.
Waste Batteries and Accumulators Regulations 2009 SI 890
- Key Points: Establishes a framework for the collection, treatment, and recycling of waste batteries and accumulators to reduce environmental impact.
Hazardous Waste (England and Wales) Regulations 2005 SI 894
- Key Points: Sets requirements for the management and disposal of hazardous waste, including registration, record-keeping, and treatment standards.
Hazardous Waste (England and Wales) (Amendment) Regulations 2009 SI 507
- Key Points: Amends the 2005 regulations to update provisions on the management and disposal of hazardous waste.
The Hazardous Waste (Miscellaneous Amendments) Regulations 2015 No. 1360
- Key Points: Introduces further amendments to the hazardous waste regulations to align with changes in EU directives.
The Hazardous Waste (England and Wales) (Amendment) Regulations 2016
- Key Points: Updates the hazardous waste regulations to reflect changes in waste classification and management practices.
Pollution Prevention and Control Act 1999
- Key Points: Provides a framework for regulating pollution from industrial activities, including permits, inspections, and enforcement.
Pollution Prevention and Control Act 1999 (1999 c.24) and Commencement Orders, as amended
- Key Points: Details the implementation and amendments of the Pollution Prevention and Control Act 1999.
Waste (England and Wales) Regulations 2011 SI 988
- Key Points: Implements the EU Waste Framework Directive, setting requirements for waste management, including the waste hierarchy, permits, and record-keeping.
The Energy Act 2011
- Key Points: Addresses energy efficiency, security of supply, and investment in low-carbon energy, including provisions for the Green Deal and smart meters.
The Energy Performance of Buildings (England and Wales) Regulations 2012
- Key Points: Requires energy performance certificates (EPCs) for buildings when constructed, sold, or rented out. Also mandates display energy certificates (DECs) for large public buildings and regular inspections of air-conditioning systems.
The Energy Performance of Buildings (England and Wales) (Amendment) Regulations 2018 (SI 2018/362)
- Key Points: Amends the 2012 regulations to update fees for entering data onto the EPC register and clarifies data disclosure provisions.
The Energy Performance of Buildings (England and Wales) (Amendment) Regulations 2022
- Key Points: Updates the 2012 regulations to reflect changes in energy performance standards and data management requirements.
Energy Performance of Buildings (England and Wales) (Amendment) (No. 2) Regulations 2015 No. 1681
- Key Points: Amends the 2012 regulations to include provisions for enforcement and data sharing between local authorities.
Energy Performance of Buildings (England and Wales) (Amendment) (No. 2) Regulations SI 2016/888
- Key Points: Further amends the 2012 regulations to update data sharing and enforcement provisions.
The Energy Performance of Buildings (England and Wales) (Amendment) Regulations 2020 (SI 2020/1422)
- Key Points: Amends the 2012 regulations to include new requirements for air-conditioning system inspections and data management.
The Energy Performance of Buildings (England and Wales) (Amendment) Regulations 2021 (SI 2021/370)
- Key Points: Updates the 2012 regulations to reflect changes in energy performance standards and data management requirements.
The Environmental Offences (Penalties) Regs 2012 (SI 2012 No. 1151)
- Key Points: Amends the Environmental Protection Act 1990 to alter the prescribed range for fixed penalties for environmental offences.
- Key Points: Reduces the amount payable for a fixed penalty for certain environmental offences under the Environmental Protection Act 1990.
The Waste (England and Wales) (Amendment) Regulations 2014 SI 656
- Key Points: Removes the requirement for businesses to complete a waste transfer note and permits the use of alternative forms of written evidence.
- Key Points: Brings into force certain provisions of the Clean Neighbourhoods and Environment Act 2005, including powers to tackle litter, fly-tipping, and abandoned vehicles.
Control of Pollution Act (COPA) 1974: Part III as amended by the Environmental Protection Act 1990, Water Resources Act 1991, Water Industry Act 1991, Noise and Statutory Nuisance Act 1993
- Key Points: Provides for the control of noise pollution, including powers for local authorities to establish noise abatement zones and issue noise abatement notices.
The Waste (Circular Economy) (Amendment) Regulations 2020
- Key Points: Amends various waste regulations to implement the EU Circular Economy Package, promoting waste reduction and recycling.
The Environment (Miscellaneous Amendments) (EU Exit) Regulations 2020 (SI 2020/1313)
- Key Points: Amends environmental regulations to ensure their continued operation after the UK's exit from the EU.
Environment Act 2021
- Key Points: Establishes a framework for environmental governance, including the creation of the Office for Environmental Protection and provisions for waste management, air quality, and water resources.
The Separation of Waste Regulations 2024
- Key Points: Describes the recyclable household waste and relevant waste that must be collected separately from households, non-domestic premises, and businesses.
The Building Regulations &c. (Amendment) Regulations 2014
- Key Points: Provides for the self-certification of certain types of building work by approved persons and updates building control procedures.
The Building etc. (Amendment) (England) Regulations 2022
- Key Points: Amends building regulations to reflect changes in safety standards and construction practices.
The Building etc. (Amendment) (England) Regulations 2023
- Key Points: Introduces further amendments to building regulations to enhance safety and compliance.
Building Safety Act 2022
- Key Points: Introduces new regulations for building safety, including the establishment of the Building Safety Regulator and duties on building owners to manage safety risks.
The Building Safety Act 2022 (Commencement No. 2) Regulations 2022
- Key Points: Brings into force sections of the Building Safety Act 2022 related to developer schemes and building control prohibitions.
The Building Safety Act 2022 (Commencement No. 3 and Transitional Provision) Regulations 2022
- Key Points: Brings into force sections of the Building Safety Act 2022 related to the Building Safety Regulator and resident engagement.
The Building Safety Act 2022 (Commencement No. 4 and Transitional Provisions) Regulations 2023 (2023 No. 362 (C. 15))
- Key Points: Brings into force sections of the Building Safety Act 2022 related to fire safety and enforcement.
The Building Safety Act 2022 (Commencement No. 5 and Transitional Provisions) Regulations 2023
- Key Points: Brings into force additional sections of the Building Safety Act 2022 related to building control and safety management.
The Building Safety Act 2022 (Commencement No. 6) Regulations 2024
- Key Points: Brings into force further sections of the Building Safety Act 2022 related to building safety certificates and resident engagement.
Data Protection Act 2018
- Key Points: Provides a framework for data protection law in the UK, including provisions for the processing of personal data and the rights of individuals.
The Data Protection Act 2018 (Transitional Provision) Regulations 2023
- Key Points: Extends the transitional exemption for certain data protection requirements to 2026.
Data Protection and Digital Information (No. 2) Bill
- Key Points: Proposes updates to data protection law, including provisions for digital information services and the regulation of electronic communications.
EU General Data Protection Regulations 2018
- Key Points: Sets out key principles, rights, and obligations for the processing of personal data
These regulations play a crucial role in protecting the environment and controlling the impact of operations in the UK.
RFLPS Register of Compliance is maintained here Register of Compliance
Further UK and International guidance documents are referenced with the RFL Trust Green Plan
| Version | Date | Title | Author | Approver | Review Date |
|---|---|---|---|---|---|
| 0.1 | 01-05-2024 | Environmental Legal Framework 2024 | Nigel Walker | Draft | |
| 0.2 | 17-06-2024 | Environmental Legal Framework 2024 | Nigel Walker | Draft | |
| 0.3 | 01-07-2024 | Environmental Legal Framework 2024 | Nigel Walker | Draft | |
| 1.0 | 13-08-2024 | Environmental Legal Framework 2024 | Nigel Walker | ISO Accreditation Project Board | 01-04-2025 |
Changelog
| Version | Change(s) |
|---|---|
| 0.1 | Initial draft |
| 0.2 | Updated to correct revoked legislation and add hyperlinks to supporting docs on .gov.uk |
| 0.3 | Include reference and add hyperlinks to Green Plan on Trust intranet |
| 1.0 | Final version approved by Project Board 13-08-2024 |