Sign up to our newsletter for weekly news, info and tips from our in-house experts:
The Welsh Assembly's Health, Social Care and Sport Committee (HSCSC) sought views on the impact of the "Social Services and Wellbeing (Wales) Act 2014" (SSWWA) in relation to carers.
This Act, promoted by MPs Hilary Benn and Alistair Burt, is intended to avoid (or at least delay) the UK’s departure from the EU in the absence of a ratified withdrawal agreement.
This is a Welsh Government Bill, introduced by Vaughan Gething AM, Minister for Health and Social Services. The Business Committee has remitted the Bill to the Health, Social Care and Sport Committee.
The Bill for this Act of the Scottish Parliament was passed by the Parliament on 2 May 2019. It makes provision about staffing by the National Health Service and by providers of care services.
This Act follows the publication of the “Mental Capacity (Amendment) Bill” and amends the “Mental Capacity Act 2005” (MCA) in relation to procedures in accordance with which a person may be deprived of liberty where the person lacks capacity to consent, and for connected purposes.
An EU Decision has been published regarding an extension of the period before the UK leaves the Union.
The Government has announced increases in the weekly rates for statutory maternity pay and other types of statutory pay from April 2019.
The increases to tribunal award limits from 6 April 2019 are set out in the Employment Rights (Increase of Limits) Order 2019.
The Government has accepted the Low Pay Commission’s recommended increases to the National Living Wage (NLW) and National Minimum Wage (NMW) rates.
A call for evidence has been issued for a review of the National Autism Strategy, “Think Autism”.
The Welsh Government has a set of responsibilities in providing health and social care services to prisoners held in Wales.
The Government received 5155 responses to the consultation.
The Code of Conduct contains a set of principles that set out what we expect from suppliers and users of data-driven technologies.
The aim of this Bill is to be an enabler of high-quality care and improved outcomes for service users in both the health service and care services by helping to ensure appropriate staffing for high-quality care.
The Government has issued a fully updated version of its , reflecting changes in government priorities and recent case law.
The Data Protection Act 2018 aims to modernise data protection laws in the UK to make them fit for purpose for an increasingly digital economy and society.
The purpose of this Act (RISCWA) is to improve the quality of care and support in Wales and strengthen protection for citizens.
The Regulation and Inspection of Social Care (Wales) Act 2016, which reforms the regulation and inspection regime for social care in Wales and provides the statutory framework for the regulation and inspection of social care services and the social care workforce, makes provision for these regulations.
The Regulation and Inspection of Social Care (Wales) Act 2016 makes provision for these regulations.
The statutory instruments to be in place in time for the Carers (Scotland) Act 2016 going live on 1 April 2018 are as follows.
The Health and Social Care Act 2008 imposes a duty on the Care Quality Commission (CQC) to conduct performance assessment reviews of registered service providers.
Under the Carers (Scotland) Act 2016, which comes into force on 1 April 2018, Scottish Ministers have a duty to publish a “Carers’ Charter”, which will help to make carers aware of their rights under the Act.
The Welsh Government has published its “Dementia Action Plan for Wales 2018–2022”. It makes a commitment to provide support to people in Wales with dementia and their families including supporting a number of initiatives.
These regulations come as part of a roll out of the registration of the social care workforce with the Northern Ireland Social Care Council (NISCC), to strengthen public protection and improve the safety and quality of social care provision.
Social Care Wales was established in April 2017, bringing together social care workforce regulation, workforce development and service improvement in one organisation.
These Health and Social Care Standards set out what we should expect when using health, social care or social work services in Scotland.
This consultation seeks views on a set of amending regulations which introduce changes to three sets of principle regulations governing local authority charging for social care and support under the “Social Services and Well-being (Wales) Act 2014”.
The “Social Services and Well-being (Wales) Act 2014” gives local authorities, in some circumstances, the discretion to charge for social care and provides them with discretion to levy reimbursements or contributions for the receipt of direct payments.
The consultation proposed the following changes to take account of the Welsh Government’s “Taking Wales Forward” five-year programme for government.
These regulations build on the requirement for social services and local health boards (LHBs) in Wales to work jointly in the preparation of the population assessment and to produce a combined population assessment report by making provision about the preparation and publication of joint area plans.
The “2015 Partnership Regulations”, which are amended by these regulations, require each Local Health Board (LHB) and the local authorities within that LHB area to enter into partnership arrangements and establish seven regional partnership boards.
Following the consultation “Development of Social Care Wales Registration Rules and Fitness to Practise Rules — A Consultation Document”, seven sets of Social Care Wales Rules have been developed and the final versions have been published on the Social Care Wales website.
This Act of the Scottish Parliament makes provision about carers, including the identification of carers’ needs for support through adult carer support plans and young carer statements; the provision of support to carers; the enabling of carer involvement in certain services; the preparation of local carer strategies; the establishment of information and advice services for carers; and for connected purposes.
The Welsh Government has published a new learning and development framework for dementia care in Wales to help provide better, more consistent care and support for people with dementia in Wales.
This Act was passed to amend the Mental Health (Care and Treatment) (Scotland) Act 2003, and make changes to the Criminal Procedure (Scotland) Act 1995 about the treatment of what the Act calls “mentally disordered offenders”. It also creates a new victim information and representation scheme for victims of some mentally disordered offenders.
This Act introduces a new approach to providing support for adults, children and carers in Scotland, with the intention of offering individuals more choice and control over their services.
To support the growth of high quality apprenticeships for young people, the Government has abolished employer National Insurance Contributions (NICs) for apprentices under the age of 25 engaged in government approved apprenticeship frameworks.
These regulations replace the Occupational Pension Schemes (Schemes that were Contracted-out) Regulations 2015. The problem with the latter regulations, which were published on 16 July 2015, was that regulation 28 and part of regulation 32 were not made according to the correct Parliamentary procedure.
The Pensions Act 2014 abolishes contracting out for salary-related occupational pension schemes. It does so by repealing provisions of the Pensions Act 1993.
This Act creates a new single-tier state pension for people reaching pension age on or after 6 April 2016. A person entitled to the full state pension will receive a single weekly rate as set out in the regulations. This will replace the current state pension, which is made up of a basic and additional state pension.
The regulations set out the plans for the Care Quality Commission (CQC) to set its fees for all aspects of its inspections.
This Act provides the legislative framework for the integration of health and social care services in Scotland. It requires local integration of adult health and social care services, with the health boards and local authorities deciding locally whether to include children’s health and social care services in their integrated arrangements.
The Well-being of Future Generations (Wales) Act 2015 aims to improve the social, economic, environmental and cultural wellbeing of Wales.
From April 2016 workers aged 25 and over receive the National Living Wage — a new premium on top of the National Minimum Wage that takes their pay to £7.20 per hour.
This bill, tabled by former Care Minister Norman Lamb, proposes legislation required to establish a cross-party commission to review the future funding and structure of health and care services in England.
The Small Business, Enterprise and Employment Act 2015 bans exclusivity terms in zero hours contracts.
The Government response to the “No voice unheard, no right ignored – A consultation for people with learning disabilities, autism and mental health conditions” sets out proposed actions to strengthen the rights of people with learning disabilities or autism or mental health conditions, focusing on how people can live independently in their communities and make choices in their lives.
This Act contains measures that are intended to improve public safety and the quality of health and social care services in England. They also aim to improve public confidence and professional standards and conduct.
These regulations specify the NHS Number as a consistent identifier that must be used in information processed about a patient or care service user.
These regulations impose two duties on providers and commissioners of publicly funded health services and adult social care in England, as specified in the Health and Social Care (Safety and Quality) Act 2015.
These regulations amend the Smoke-free (Vehicle Operators and Penalty Notices) Regulations 2007 so as to provide that the driver of a private vehicle that is smoke-free is under a duty to cause persons to stop smoking in that vehicle.
These Regulations contain provisions relating to membership of the Care Quality Commission (CQC) in England.
This Bill introduces a model of social care regulation in Wales before the National Assembly for Wales. It proposes to provide a regulatory framework that will be based on an approach more focused on outcomes for service users. The Bill will reform the inspection regime for local authority social services functions, reconstitute and re-name the Care Council for Wales as Social Care Wales and broaden its remit to include the power to advise care providers on how to improve. It would also reform regulation of the social care workforce.
These regulations (CDM 2015) are the main set of regulations for managing the health, safety and welfare of construction projects.
The CQC has published the response to its Display of Ratings and Minor Amendments to Guidance for Providers consultation
These regulations amend the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 to extend the duty of candour and fit and proper persons requirement for directors to all registered providers of regulated activities from April 2015.
These regulations have been laid by the Department of Health under provisions of the Health and Social Care Act 2008, and fulfil the Government’s commitment to incorporate fundamental standards into the requirements for registering with the CQC.
This Act is concerned with the safety of health and social care services in England, the integration of information relating to health and social care service users and the sharing of information about an individual for the purposes of providing them with health or social care services.
Since the beginning of the 2013/14 academic year, all young people are required to continue in education or training until the end of the academic year in which they turn 17. From the summer of 2015 this will be extended until their 18th birthday.
The Care Act introduces legislation to provide support to people who have care requirements, and support for their carers. It also makes provision about safeguarding adults from abuse or neglect, and provision about care standards, and it establishes and makes provisions about Health Education England and the Health Research Authority.
The Social Services and Well-being (Wales) Act 2014 became law on 1 May and is the foundation for a radical change in the way adult and children’s social services are delivered in Wales.
This Act establishes a legislative framework for delivering secure, affordable and low carbon energy .
This Instrument makes a series of amendments to the Health and Social Care Act 2008 (Regulated Activities) Regulations 2010, changing the scope of activities regulated by the Care Quality Commission (CQC), making some technical amendments and providing clarification.
The Disclosure and Barring Service (DBS) introduced a new Update Service on 17 June 2013 that allows employers to carry out status checks on an individual’s DBS certificate, rather than having to apply for a certificate from scratch.
A new social services and wellbeing bill for Wales was introduced to the National Assembly for Wales on 28 January 2013 for scrutiny, and will introduce national eligibility criteria and duties to provide support for carers and “preventive” services.
These regulations impose duties on employers in the healthcare sector to protect employees from injuries caused by medical sharps, implementing Directive 2010/32/EU.
This Instrument makes a series of amendments to the Care Quality Commission (Registration) Regulations 2009, and a single amendment to both the Care Quality Commission (Additional Functions) Regulations 2011 and the Health and Social Care Act 2008 (Regulated Activities) Regulations 2010.
These regulations carry forward a number of measures originally set out in the Controlled Drugs (Supervision of Management and Use) Regulations 2006. The 2006 regulations were originally introduced as part of the then-Government’s response to the Shipman Inquiry’s Fourth Report in 2004. They are revoked by the new regulations.
This Bill aims to protect workers from violence at work.
Former care services minister Paul Burstow presented new legislation in the Commons on 16 January 2013 to hold companies criminally accountable for abuse and neglect in care settings.
From 2012, the Government proposes to provide access to a private pension to all employees aged between 22 and State retirement age, who are earning more than £5000 a year and are not currently enrolled in a workplace pension scheme.
There have been changes to some National Minimum Wage rates since 1 October 2012
The Protection of Freedoms Act 2012 includes a wide range of measures including legislative changes that amend the Safeguarding and Vulnerable Groups Act 2006 and the Police Act 1997 Regulations, on which the CRB (now DBS) checking service is based.
This instrument makes amendments to the Care Quality Commission (Registration) Regulations 2009 and to the Care Quality Commission (Membership) Regulations 2008.
The Health and Social Care Bill gained Royal Assent on 27 March to become the Health and Social Care Act 2012. The provisions of the Act will come into force on a day specified in an order made by the Secretary of State for Health, with the exception of the provisions that came into force by Royal Assent on 27 March and ss.35–37 in relation to Wales, which will be commenced by order made by the Welsh Ministers.
From 2012, the Government proposes to provide access to a private pension to all employees aged between 22 and State retirement age, who are earning more than £5000 a year and are not currently enrolled in a workplace pension scheme.
These regulations will give agency workers the right to equal treatment with permanent staff on pay, holidays and other basic conditions after 12 weeks in a job.
These Regulations amend the Agency Workers Regulations 2010 to correct drafting errors in regulations 3, 10 and 14 and Schedule 2. The errors in the regulations concern the meaning of agency worker, the provisions concerning permanent contracts providing for pay between assignments, and the liability of the temporary work agency and hirer. The error in the Schedule is a numbering error.
The Income Tax (Pay As You Earn) (Amendment) Regulations 2011 (SI 2011/729) implement the changes to the taxation of post-termination payments that HM Revenue and Customs (HMRC) announced at the end of 2010.
The personal allowance for basic rate taxpayers aged 65 and under is to increase by £1000 in April 2011 to £7475.
The Equality Act 2010 includes a new Public Sector Equality Duty, replacing the separate duties on public bodies relating to race, disability and sex equality. The new Duty covers age, sexual orientation, religion or belief, pregnancy and maternity, and gender reassignment more fully.
From April 2011 statutory maternity pay (SMP), statutory adoption pay (SAP) and statutory paternity pay (SPP) will increase from a weekly rate of £124.88 to £128.73. The weekly rate for SSP will increase from £79.15 to £81.60.
These regulations transpose, for England and Wales, Directive 2008/98/EC on waste.
The Equality Act 2010 imposes a duty to make reasonable adjustments for disabled persons to facilitate access to education, employment, housing, goods and services like shops, banks, cinemas, hospitals, council offices, leisure centres, associations and private clubs like the Scouts and Guides, private golf clubs and working men clubs.
The Public Services Reform (Scotland) Act 2010 establishes two public bodies with responsibility for ensuring that health and social care services provide good quality care. They are the Care Inspectorate (CI), formally known as Social Care and Social Work Improvement Scotland (SCSWIS), and Healthcare Improvement Scotland (HIS).
The Regulations, which apply in England and Wales, contain the rules which set minimum standards for “building work” to ensure they are safe and accessible and limit waste and environmental damage.
These regulations supplement provisions in the Equality Act 2010 that provide protection from discrimination for disabled people.
The Equality Act 2010 (Commencement No. 1) Order 2010 has been issued.
These Regulations change the format and content of medical statements so they provide information that might help a patient return to work sooner.
These Regulations introduce a new entitlement for employees who are fathers or partners of mothers or adopters (of either sex) to take additional paternity leave in the first year of their child’s life or the first year after the child’s placement for adoption. The provisions have effect in relation to children whose expected week of birth, or notification of being matched for adoption, begins on or after 3 April 2011. However, employees are protected against detriment or dismissal attributable to the fact they took or sought to take such leave from 6 April 2010.
These Regulations introduce a new entitlement for employees who are fathers or who are the partners of mothers or adopters to receive additional statutory paternity pay from their employers. The Regulations apply to children born or matched for adoption on or after 3 April 2011.
Under the Finance Act 2004, the “normal minimum pension age” will increase from 50 to 55 from 6 April 2010. The normal minimum pension age is the age at which people can start receiving money from their occupational or personal pension schemes without paying extra tax.
The Pensions Act 2007 contains powers to restore the link between the Basic State Pension and earnings, raise the State Pension Age to 68 by 2046 and aims to make the system fairer for women and carers by 2010.
New rates for Statutory maternity pay (SMP), statutory adoption pay (SAP) and statutory paternity pay (SPP) come into effect on Sunday 4 April 2010.
These regulations set out the health and social care activities that are to be subject to regulation by the Care Quality Commission for the purposes of the Health and Social Care Act 2008.
These regulations set out the requirements for the way people who wish to provide or manage a regulated health or social care activity in England can become registered.
These Regulations amend the Medical Devices Regulations 2002 to implement European Directive 2007/47/EC.
These regulations prohibit the compilation, use, sale or supply of blacklists containing details of trade union members and activists whose purpose is to discriminate against workers on grounds of trade union membership or activities.
This Order sets out the increases in awards of compensation that can be ordered by an employment tribunal with effect from 1 February 2010.
The Health Act 2009 includes provisions concerning the NHS Constitution, producing Quality Accounts and direct payments for NHS healthcare services.
The Working Time (Amendment) Regulations 2009 (SI 2009/1567) amended the Working Time Regulations 1998 (SI 1998/1833) so that certain doctors in training can work up to 52 hours a week until 31 July 2011. Most doctors are restricted to a 48-hour week from 1 August 2009 (see Working Time Amendment Regulations 2003).
The Safeguarding Vulnerable Groups Act 2006 has been amended in preparation for the commencement of registration with the Independent Safeguarding Authority (ISA) in July 2010. The amendments have been made in response to recommendations by Sir Roger Singleton in Drawing the Line, his report on the Vetting and Barring Scheme which was published in December 2009. The changes affect who is covered by the Scheme.
These regulations extend the purposes for which an application for an enhanced criminal records certificate can be made. Since 12 October 2009 applications can be made for any activity that is a “regulated activity” under the Vetting and Barring Scheme, established by the Safeguarding Vulnerable Groups Act 2006.
The National Minimum Wage Regulations 1999 (Amendment) Regulations 2009 increase the minimum hourly rate of the national minimum wage from £5.73 to £5.80 per hour and the development rate from £4.77 to £4.83 per hour from 1 October 2009.
These regulations increase the weekly amount a person can earn while still being entitled to employment and support allowance, incapacity benefit and other benefits.
In the 2009 Budget, delivered on 22 April, the Government announced a one-off increase in the level of statutory redundancy pay, making the weekly rate £380 instead of £350 (as it had been from 1 February). This will make the maximum amount of statutory redundancy pay (20 years x 1.5 weeks x £380) £11,400.
Organisations that handle people’s personal data must be on a register maintained by the Information Commissioner.
Powers for a local authority to make a workplace parking levy scheme were included in the Transport Act 2000. Some details of the legislative framework are set out in these regulations. The regulations apply to any local traffic authority that wishes to make a workplace parking levy scheme in England outside London.
These Regulations amend the Working Time Regulations 1998 so that certain doctors in training can work up to 52 hours a week until 31 July 2011. Most doctors are restricted to a 48-hour week from 1 August 2009 (see Working Time Amendment Regulations 2003).
The Accession (Immigration and Worker Registration) Regulations 2004 set up the workers registration system (WRS) regulating access to the UK labour market by nationals from eight of the States (“the A8”) that acceded to the European Union on 1 May 2004.
The right to request flexible working has been extended to parents with children aged 16 and under.
Statutory Sick pay has been increased from £75.40 to £79.15 on 6 April 2009.
From 6 April, employers have been required to use the new style P45 form. It was initially introduced by HM Revenue and Customs in October 2008 and was therefore already available before this date. Any old style P45 forms are now invalid.
This Order adds holiday pay to the list of jurisdictions normally heard by an employment judge sitting alone.
These Regulations amend the Health and Safety Information for Employees Regulations 1989, which require information relating to health, safety and welfare to be given to employees by means of posters or leaflets in the form approved by the Health and Safety Executive.
The Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 2009 came into force on 6 April 2009 to take account of the changes made by the Employment Act 2008.
The Employment Act 2008, s 19 changes the expulsion and exclusion rules relating to trade union membership by amending ss 174 and 176 of the Trade Union and Labour Relations (Consolidation) Act 1992.
The Employment Act 2008 (Commencement No.1 and Transitional and Savings Provisions) Order 2008 will bring into force the Employment Act 2008 ss 1-7 and Sch. 1, Pt 1.
The Employment Act 2008 (Commencement No.1 and Transitional and Savings Provisions) Order 2008 brought into force the Employment Act 2008 ss.1-7 and Sch. 1, Pt 1.
The Employment Act 2008 (Commencement No. 2, Transitional Provisions and Savings) Order 2009 brings into force the remaining provisions of the Act including ss 8, 9, 11,12, 19 and Parts 2 and 4 of the Schedule.
The Employment Code of Practice (Disciplinary and Grievance Procedures) Order 2009 has been issued.
Statutory Maternity, Paternity and Adoption pay has increased from £117.18 to £123.06 on 5 April 2009.
Under new regulations that came into force on 1 April 2009, employers cannot hire tier 2 migrant workers unless the role has been advertised for a minimum of two weeks on JobCentre Plus.
From March 2009 adults wishing to study in the UK must apply for a Tier 4 Student Visa. The tier 4 Student Visa replaces the current UK Study Visa and allows an adult student to study in the UK with a licensed sponsor on the Tier 4 register of sponsors.
Employers should be aware that new yearly checking procedures apply to migrant workers employed on or after 29 February 2008 and that the first follow-up checks must have been carried out at the end of February 2009 where the migrant worker was employed at the end of February 2008.
Tier 2 of the new points-based immigration system, relating to the recruitment of skilled workers, came into force on 27 November 2008.
Tier 5 of the new points-based immigration system concerns temporary workers and those coming to the UK under youth mobility schemes.
This Act amends the Scottish law relating to incapable adults. It offers greater protection to adults at risk of harm or neglect in Scotland, those adults being aged 16 years and over who are unable to safeguard their own wellbeing, property, rights or other interests and are at risk of harm and because they are affected by disability, mental disorder, illness or physical or mental infirmity, and are more vulnerable to being harmed than adults who are not so affected.
The Safeguarding Vulnerable Groups Act 2006 was published on 1 March 2006 and received Royal Assent on 8 November 2006.
The Act creates a new system of registration for providers of health and adult social care, and establishes the Care Quality Commission (CQC) as the new single regulator responsible for regulating healthcare and adult social care and for monitoring the operation of the Mental Health Act 1983.
The Act creates an offence of corporate manslaughter in England, Wales and Northern Ireland, and corporate homicide in Scotland.
These regulations, introduced under the Pensions Act 2004, require employers to consult with current and prospective members, or their representatives, on significant changes to their occupational or personal pension scheme for a period of at least 60 days before the changes can be introduced.
The Immigration, Asylum and Nationality Act, which was unveiled as a Bill on 22 June 2005 and enacted on 30 March 2006, will tackle illegal working through a new civil penalties scheme for employers by introducing fines of up to £10,000 per illegal employee, custodial sentences of up to two years and unlimited fines for those found knowingly to use or exploit illegal workers.
The Mental Health Act 2007 is primarily designed to amend the Mental Health Act 1983. It received Royal assent on 19 July 2007 and, following a series of commencement orders, the last one being the Mental Health Act 2007 (Commencement No 3) Order 2007, the Act will be in place by 1 January 2008.
These regulations increase the statutory minimum for paid holiday entitlement.
Smoking in every pub, club and indoor public space in England has been banned from 1 July 2007
The Waste Electrical and Electronic Equipment (Waste Management Licensing) (England and Wales) (Amendment) Regulations 2007 increase the initial registration fee for waste electrical and electronic equipment.
The Work and Families Bill received Royal Assent on 21 June 2006 and the Work and Families Act 2006 will deliver commitments outlined in the Ten Year Childcare Strategy and set out in the Government's response to the consultation “Work and Families: Choice and Flexibility” that closed on 25 May 2005.
These Regulations amend the Work at Height Regulations 2005 to apply to persons whose work concerns the provision of instruction or leadership in caving or climbing.
The Equality Act 2006 came into force in April 2007.
The Waste Electrical and Electronic Equipment Regulations 2006 were laid before Parliament on 12 December 2006 and entered into force on 2 January 2007, so implementing the Waste Electrical and Electronic Equipment (WEEE) Directive (2002/96/EC).
The Companies Act 2006 received Royal Assent on 8 November 2006. Many of the provisions of the Act implement Company Law Review recommendations. The Government set out and consulted on its intentions in the White Papers “Modernising Company Law” (July 2002) and “Company Law Reform” (March 2005). The Companies Bill, then titled the Company Law Reform Bill, was introduced to the House of Lords on 4 November 2005.
The Disability Discrimination Act 2005 (Commencement No. 2) Order 2005 has been issued.
The Disability Discrimination Act 2005, which amends the Disability Discrimination Act 1995, came into force in stages between 5 December 2005 and 4 December 2006.
The Order reforms the law relating to fire safety in non-domestic premises in England and Wales.
The regulations make important amendments to the Care Homes Regulations 2001 (CMR) and to the Nurses Agencies Regulations 2002 (NRA).
The DTI published a consultation document, containing draft revised regulations, on the proposed revision of the Transfer of Undertakings (Protection of Employment) Regulations 1981 (TUPE). Consultation closed on 7 June 2005. The revised TUPE regulations — the Transfer of Undertakings (Protection of Employment) Regulations 2006 — were due to come into force on 1 October 2005 but due to the large volume of responses to the consultation exercise, the regulations came into force on 6 April 2006.
Under ss. 269 and 284 of the Pensions Act 2004, payments made by employers and members to occupational pension schemes, and restrictions on commutation and age at which benefits may be received came into force on 6 April 2006 under the Pensions Act 2004 (Commencement No. 6, Transitional Provisions and Savings) Order 2005.
Implementation of Part 3 of the Health and Social Care (Community Health and Standards) Act 2003 introducing a scheme to recover the costs of treatment in certain cases.
The exposure limit value is fixed by the directive – Directive of the European Parliament and of the Council on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (noise) (Seventeenth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) – at 87 decibels (taking into account the use of individual hearing protectors). Under no circumstances may the exposure of the worker exceed this value.
This legislation enabled the Department for Employment & Learning in Northern Ireland to appoint officers to enter and inspect employment agencies and employment businesses in Northern Ireland to ascertain compliance with regulations governing their conduct. The Order harmonised the criteria used for the appointment of certain positions within the Industrial and Fair Employment Tribunals and clarified the Fair Employment Tribunal’s power to enforce awards of costs.
These Regulations amend the sound power limits for certain equipment in the Noise Emission in the Environment by Equipment for Use Outdoors Regulations 2001.
This Order amends the Pension Schemes Act 1993 and subordinate legislation, making provision for surviving civil partners to receive pensions under contracted-out occupational and appropriate personal pension schemes — tying in with the Civil Partnership Act 2004.
This Order makes amendments to provisions of Acts relating to pensions and benefit payments, extending those provisions to civil partners and surviving civil partners — tying in with the forthcoming Civil Partnership Act 2004.
The Civil Partnership Bill received Royal Assent on 18 November 2004 with implementation of the Civil Partnership Act on 5 December 2005.
These Regulations implement Directive 2001/95/EC on general product safety. They impose requirements concerning the safety of products intended for consumers or which are likely to be used by consumers.
The Chemicals (Hazard Information and Packaging for Supply) (Amendment) Regulations 2005 have been issued.
This legislation sets out the details of the arrangements for the new occupational pension scheme funding requirements which, following the Pensions Act 2004, will replace the minimum funding requirement. This includes the preparation of statements of funding principles, actuarial valuations and reports, schedules of contributions and recovery plans. The regulations will apply to any valuation completed after 31 October 2005 which is based on a date (known as the effective date of the valuation) on or after 22 September 2005.
This amended version of the 1976 Equal Treatment Directive provided for the first time a definition of sexual harassment, which was taken to mean a situation “where any form of unwanted verbal, non-verbal or physical conduct of a sexual nature occurs, with the purpose or effect of violating the dignity of a person, in particular when creating an intimidating, hostile, degrading, humiliating or offensive environment”.
Measures contained in the Act came into force in 2004 and its implementation was completed on 1 October 2005.
The Employment Tribunals (Constitution and Rules of Procedure) (Amendment) Regulations 2005 are effective from 1 October 2005 and amend the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004 (as amended by the Employment Tribunals (Constitution and Rules of Procedure) (Amendment) Regulations 2004 and the Employment Tribunals (Constitution and Rules of Procedure (Amendment) Regulations 2005).
The new tribunal claim form (ET1) and response form (ET3) are mandatory for all tribunal claims and responses from 1 October 2005. The final versions of the forms are available from the Employment Tribunals website.
The Biocidal Products (Amendment) Regulations 2005 have been issued.
The Companies (Audit, Investigations and Community Enterprise) Act 2004 is being brought into force in stages between January and October 2005. Sections 19 and 20 of the Companies (Audit, Investigations and Community Enterprise) Act 2004 came into force on 6 April 2005. These provisions allow companies to provide directors and other company officers with greater protection from potential liabilities.
The Compromise Agreements (Description of Person) Order 2005 is effective from 1 October 2005 and extends the category of person able to give advice in relation to compromise agreements, under the Disability Discrimination Act 1995, to a Fellow of the Institute of Legal Executives employed by a solicitors' practice.
This legislation amends the Employment Appeal Tribunal Rules 1993 to implement the Employment Relations Act 2004, s.36, which, by amending the Employment Tribunals Act 1996, section 10(6), provides that certain powers available to employment tribunals under employment tribunal procedure regulations for use in national security proceedings can be used in particular proceedings, whether or not they are Crown employment proceedings, if the tribunal considers it expedient in the interests of national security. The Rules also replace Form 1 (Notice of Appeal from Employment Tribunal) with a new version and make amendments to Form 3 (Respondent's Answer).
The Employment Equality (Sex Discrimination) Regulations 2005 implement the amended Equal Treatment Directive (2002/73/EC) and are effective from 1 October 2005.
This order amends the application of the Working Time Regulations 1998 (SI 1998/1833) to the police in consequence of the coming into force of section 158 of the Serious Organised Crime and Police Act 2005 (the 2005 Act).
The Occupational Pension Schemes (Equal Treatment) (Amendment) Regulations 2005 amend the statutory provisions that require equal treatment of men and women in respect of occupational pension schemes to reflect requirements of European Community law, as applied in a number of cases before the European Court of Justice and the domestic courts. They also introduce new provisions applying only to armed forces occupational pension schemes.
The List of Wastes (England) Regulations 2005 will implement the new regime of the EU Hazardous Waste List in England.
The Hazardous Waste Regulations (Northern Ireland) 2005 set out the new regime for the control and tracking of the movement of hazardous waste.
The List of Wastes (England) (Amendment) Regulations 2005 have been revoked.
The regulations require employers to reduce the risk to their employees’ health from exposure to hand-arm vibration and whole-body vibration.
These regulations have been revoked by the Control of Major Accident Hazards Regulations 2015 (SI 2015 No. 483).
The Disability Discrimination Act 2005 (Commencement No. 1) Order 2005 has been issued.
The Disability Discrimination Act 2005 (Commencement No. 1) Order 2005, which came into force on 30 June 2005, is the first Commencement Order to be made under the Disability Discrimination Act 2005 (the Act), an Act which extensively amends the Disability Discrimination Act 1995 (the 1995 Act), and makes other provisions.
The Regulations amend the Health and Safety at Work, etc Act 1974 (Application to Environmentally Hazardous Substances) (Amendment) Regulations 2002 ("the 2002 Regulations").
This Act is the result of an extended consultation and it:
These regulations set out requirements for the management of risks from working at height.
These regulations ensure that the same principles apply as in the new statutory dispute resolution procedures which came into force from October 2004 and which introduced minimum disciplinary and grievance procedures. They cover situations where an employee is reinstated or re-engaged following a dispute resolution procedure and lay down that their employment will be treated as continuous when calculating continuous service for statutory maternity pay (SMP), statutory paternity pay (SPP) and statutory adoption pay (SAP).
Under the Transfer of Employment (Pension Protection) Regulations 2005, new employers will be required to provide transferred employees with a substantial pension contribution in a business transfer where the Transfer of Undertakings (Protection of Employment) Regulations (TUPE) apply.
This Order provides for the coming into force of s.49 of the Disability Discrimination Act 1995.
The new working time regulations for the road transport sector are scheduled came into force on 4 April 2005.
This Order brings into force various provisions of the Act.
This order makes provisions that are a consequence of the coming into force of the Health Protection Agency Act 2004 by which the functions of the National Radiological Protection Board (NRPB) and the special health authority, the Health Protection Agency (Yr Asiantaeth Diogelu Iechyd) (HPA SHA) will be carried out by a new Health Protection Agency (HPA).
The Hazardous Waste (England and Wales) Regulations 2005 set out the regime for the control and tracking of the movement of hazardous waste.
This Directive gives workers the right to information and consultation about the business in which they work and its prospects, with particular emphasis on the outlook for their employment.
The Regulations revoke the European Communities (Recognition of Professional Qualifications) Regulations 1991 to include a wider definition of 'regulated profession' in the UK.
The Tax Credits Act 2002 allows information relating to tax credits, child benefit or guardian's allowance to be provided by the Board of the Inland Revenue to the Secretary of State or the Department for Employment and Learning in Northern Ireland for certain specified functions relating to employment and training.
The Freedom of Information Act 2000 was passed by parliament on 30 November 2000 and has been implemented in stages. Full implementation occurred on 1 January 2005. The Act gives individuals the statutory right to access information held by public authorities, including:
The main purpose of the Act is to establish a National Care Standards Commission to provide for the registration and regulation of children’s homes, independent hospitals, independent clinics, care homes, and a number of other similar agencies.
The Social Security (Income Support and Jobseeker’s Allowance) Amendment Regulations 2004 amend the Income Support (General) Regulations 1987 and the Jobseeker’s Allowance Regulations 1996 to provide that a person who is entitled to income support or a jobseeker’s allowance retains his or her entitlement to benefit during a period of temporary absence from Great Britain in order to receive NHS hospital treatment.
Statutory disciplinary and grievance procedures came into force on 1 October 2004 with the aim of encouraging resolution of disputes in the workplace. All employers should have in place minimum statutory procedures for dealing with dismissal, disciplinary action and grievances in the workplace, and inform their employees. The procedures will also apply to certain redundancy and retirement situations and non-renewal of fixed term contracts.
The regulations amend the Disability Discrimination Act 1995 and came into force on 1 October 2004. The amendments include:
The Employment Appeal Tribunal (Amendment) Rules 2004 revise employment appeal tribunal procedures to make them consistent with the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004. The Rules came into force 1 October 2004 and will effect relatively minor improvements in procedure, including the disposal of appeals without merit at the outset.
Regulation 7 of the Working Time (Amendment) Regulations 2003 amends the Working Time Regulations 1998, to provide for the 48 hour working time limit for doctors in training to be phased in over a period ending on 31 July 2009.
The Compromise Agreements (Description of Person) Order 2004 extends the categories of “relevant independent adviser” to include Fellows of the Insitute of Legal Executives (ILEX) who are working in solicitors firms, provided the Legal Executive is properly supervised by a solicitor holding a Practicing Certificate issued by the Law Society.
These regulations came into force on 6 April 2004 and replace the previous regulations governing employment agencies. They introduce new safeguards requiring employment agencies to vet temps who work with vulnerable groups, such as children, the elderly and the infirm.
These regulations amend the Working Time Regulations 1998 to extend their provisions to certain jobs and professions that were previously excluded.
The Council Directive establishing a general framework for equal treatment in employment and occupation (or the Framework Employment Directive) laid down a general framework for combating discrimination on the grounds of religion or belief, disability, age or sexual orientation as regards employment and occupation, with a view to putting into effect the principle of equal treatment in the Member States.
This Act gives a framework for safeguarding the welfare and managing the finances of adults who lack capacity because of mental illness, learning disability, dementia or an inability to communicate. It defines how essential decisions affecting the lives of these people can be made in Scotland.
The original Working Time Directive 93/104/EC was amended by Directive 2000/34/EC and the two were then consolidated and replaced by Directive 2003/88/EC.
These regulations introduced the following key changes from 19 July 2003: compensation may be backdated to cover six years instead of only two, and the time limit for bringing a claim is extended to six months from the date of discovery if the employer deliberately concealed facts.
A companion to Directive 2000/78, which covered wider issues of discrimination, the Council Directive implementing the principle of equal treatment between persons irrespective of racial or ethnic origin (or the Race Directive), dealt solely with race and ethnic origin. It prohibited discrimination in the areas of vocational training and employment, social protection and access to and provision of services.
The Race Relations Act 1976 (Amendment) Regulations 2003 implemented the EC Article 13 Race Directive.
These regulations introduced two significant changes: post-employment discrimination is now covered (which includes, for example, the issue of references) and chief constables of police can be held liable for offences committed by their officers in carrying out their functions.
These regulations require employers to ensure that the exposure of employees and other persons to hazardous substances at work is either prevented or adequately controlled.
These regulations were designed to provide protection to workers, and others who may be affected by their work, from exposure to lead.
These regulations amend several others relating to health and safety at work.
These regulations deal with the labelling and packaging of dangerous substances for use at work. Suppliers (including importers) must ensure that the substance is classified into categories specified in the regulations.
The Regulation contains seven parts with seven schedules This is a substantial piece of legislation that is, in effect, a 'hand book' for those involved in any aspect of care home management.
The Burden of Proof Directive, which was adopted on 15 December 1997, was extended to the UK in 1998 (Directive 98/52). It was finally implemented by the Sex Discrimination (Indirect Discrimination and Burden of Proof) Regulations 2001.
In light of a number of rulings given by the European Court of Justice (ECJ) concerning the original Acquired Rights Directive (and its amendment, 98/50/EC), the legal concepts were clarified by 2001/23/EC which gave the authoritative definition of a transfer of undertaking as being when “there is a transfer of an economic entity which retains its identity, meaning an organised grouping of resources which has the objective of pursuing an economic activity, whether or not that activity is central or ancillary”.
The Race Relations (Amendment) Act 2000 came into force in April 2001. Its main functions are to:
The main purpose of these regulations is to ensure the health and safety of people in or about buildings.
Together with the Health and Safety at Work, etc Act 1974, these regulations provide the legal framework for managing occupational health and safety within a workplace.
Member States are required to ensure that posted workers are guaranteed certain protective legislation.
Extended to include the UK in 1997, the Council Directive on the establishment of a European Works Council or a procedure in Community-scale undertakings and Community-scale groups of undertakings for the purposes of informing and consulting employees (or the Works Council Directive), applied to all organisations with at least 1000 employees within the Member States and at least 150 employees in each of at least two Member States. It also applied to a group of undertakings with the following characteristics:
The Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 1999 (which replace the 1995 regulations of the same name) came into force on 28 July 1999.
These regulations have been revoked by the Control of Major Accident Hazards Regulations 2015 (SI 2015 No. 483).
The National Minimum Wage Act 1998 came into force on 1 April 1999. It provides for a single national minimum wage (NMW). It covers all workers employed under a contract, including part timers, contract workers and home workers.
These Regulations impose health and safety requirements with respect to lifting equipment.
These Regulations impose health and safety requirements with respect to the provision and use of work equipment.
These regulations make provisions in respect of the installation and use of gas fittings for the purpose of protecting the public from dangers arising from the distribution, supply or use of gas.
The Employment Rights (Dispute Resolution) Act 1998 (Chapter 8) came into force in stages throughout 1998 and 1999 in the main. The Unfair Dismissal Arbitration scheme provision came into force in May 2001.
These regulations draw a line between the responsibilities of the HSE and the local authorities for enforcement of the Health and Safety at Work, etc Act 1974.
These regulations provide for the preparation and acceptance of safety cases in respect of the conveyance of gas in a network and impose requirements in respect of gas escapes and the composition and pressure of gas.
These regulations provide for further implementation, within Great Britain, of Council Directive 89/391/EEC (the “Framework Directive”) on the introduction of measures to encourage improvements in the health and safety of employees at work.
The Employment Rights Act 1996, which came into force on 22 August 1996, consolidated most of the existing law on individual employment rights. Most of these rights were previously contained in the Employment Protection (Consolidation) Act 1978 which had been much amended by subsequent Acts.
The Council Directive on the protection of young people at work applied to all young people with an employment contract or in an employment relationship defined by national law in force.
These regulations impose minimum requirements for the provision of safety and/or health signs at work, excluding signs used in relation to the supply of equipment or substances, for the transport of dangerous goods and for the regulation of vehicles.
This Act prohibits discrimination against disabled people. A person is disabled if he or she has a physical or mental impairment that substantially effects his or her ability to carry out normal, everyday activities over the longer term. The Act applies to discrimination in employment, education and the provision of goods, facilities and services.
This directive — Council Directive on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding (10th individual Directive within the meaning of Article 16 (1) of Directive 89/391/EEC) — laid down that exposure of such workers to certain risks must be avoided by provisionally adjusting their working conditions or hours.
The Council Directive on the approximation of the laws of the Member States relating to collective redundancies (or the Collective Redundancies Directive) required that any employer contemplating collective redundancies must hold consultations with workers' representatives with a view to reaching an agreement. These consultations had to at least cover ways and means of avoiding redundancies or reducing the number of workers affected and mitigating the consequences, in particular by recourse to accompanying social measures aimed at redeploying or retraining those workers made redundant.
The directive — Council Directive on the minimum requirements for the provision of safety and/or health signs at work (ninth individual Directive within the meaning of Article 16 (1) of Directive 89/391/EEC) — specified that signs must be provided where hazards could not be avoided or adequately reduced by preventive measures. It did not however apply to signs regarding dangerous substances and products and/or equipment.
These regulations deal with the waste management licensing system, including the application for a licence, the requirements for technical competence and the details to be entered onto public registers.
These regulations ensure that appropriate personal protective equipment (PPE) is supplied, and used, at work wherever there are risks to health and safety that cannot be adequately controlled in other ways.
These regulations require employers to avoid, as far as is reasonably practical, the need for their employees to undertake any manual handling operations which involve risks of their being injured.
The regulations are designed to protect employees, who regularly use display screen equipment (DSE) as a significant part of their work, from postural problems, visual problems, fatigue and stress.
This directive – the Council Directive on the introduction of measures to encourage improvements in the safety and health of workers at work – set the framework for individual directives which would eventually cover the areas listed in its annex, including:
Within the context of this directive — the Council Directive on the minimum health and safety requirements for the manual handling of loads where there is a risk particularly of back injury to workers (fourth individual Directive within the meaning of Article 16 (1) of Directive 89/391/EEC — manual handling of loads referred to the transporting or supporting of a load, by one or more workers, including lifting, putting down, pushing, pulling or carrying an object which involved a risk of back injury.
The directive — Council Directive on the minimum safety and health requirements for work with display screen equipment (fifth individual Directive within the meaning of Article 16 (1) of Directive 89/391/EEC) — excluded certain VDUs from its scope including computer systems on board means of transport and cash registers. It placed an obligation on employers to analyse workstations with regard to their health and safety impact, with particular regard to risks to eyesight, physical problems and mental stress.
This Directive (the Council Directive concerning the minimum safety and health requirements for the workplace (first individual directive within the meaning of Article 16 (1) of Directive 89/391/EEC)) defined the term "workplace" to mean the place which houses workstations and any other place within the area of the undertaking to which the worker has access in the course of his or her employment.
These Regulations impose requirements with respect to the health, safety and welfare of persons in a “workplace”, defined in regulation 2(1).
These regulations require a person who has, to any extent, control of non-domestic premises in which there is a cooling tower or an evaporative condenser, to notify their local authority in writing, providing specified information.
These regulations clarify the meaning of household, commercial and industrial waste.
These regulations impose the requirements of the Environmental Protection Act 1990, in relation to the making and retention of documents and the furnishing of copies of them.
These regulations establish a system for the registration of carriers of controlled waste. They make it a criminal offence for a person who is not a registered carrier to transport controlled waste in the UK.
This Act introduces integrated pollution control to prevent pollution arising as a result of emissions to air, land or water from scheduled processes under the supervision of the Environment Agency, and control of pollution to air from the less heavily polluting processes, through the local authority. Authorisation to operate the relevant processes must be obtained from the enforcing authority.
These regulations require the notification and marking of sites where there is a total quantity of 25 tonnes, or more, of dangerous substances present at the site.
These Regulations give the protection for and duties of employees as defined in the Health and Safety at Work, etc Act 1974 to those who are provided with “relevant training”.
These regulations provide a comprehensive and systematic set of main principles covering electricity in all work activities.
These regulations require the provision of suitable head protection, and the wearing of suitable head protection by persons at work on building operations or works of engineering construction, as defined by the Factories Act 1961.
This Act — and its corresponding regulations — provides a system of hazardous substances consent in England and Wales.
These regulations require all employers to display a poster or distribute a leaflet informing employees in general terms about the requirements of health and safety law.
The regulations require employers to provide first aid to their employees who are injured or become ill at work. As a first step, employers have to make an assessment of the first aid needs appropriate to the circumstances of their workplace.
The law relating to transfers of undertakings stems from a 1977 European Directive (77/187/EEC) that was designed to safeguard employees’ rights when businesses (or parts of businesses) are taken over. The directive was implemented in the UK by the Transfer of Undertakings (Protection of Employment) Regulations 1981 (TUPE).
These regulations provide for the appointment of safety representatives and lay down when employers must establish safety committees.
Under the Council Directive on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions (or the Equal Treatment Directive), the principle of equal treatment laid down in this directive meant that there should be no discrimination whatsoever on the grounds of sex, either directly or indirectly, by reference in particular to marital or family status.
Under the Council Directive on the approximation of the laws of the Member States relating to the application of the principle of equal pay for men and women (or the Equal Pay Directive), Member States were required to abolish all discrimination between men and women arising from laws or regulations which did not comply with the principle of equal pay. They had to take the necessary measures to ensure that provisions appearing in collective agreements, wage scales, wage agreements or individual contracts of employment which were contrary to the principle might be declared null and void. They had also to ensure that the principle was applied and that effective means were available to take care that it was observed.