Recent Regulatory Changes
Energy Performance Certificates
From 1st October 2008 Energy Performance Certificates are required for building, selling or letting a property. The certificates provide information on the energy efficiency of a building and give a grade from A to G depending on the building's efficiency. Holiday let properties are generally exempt from the EPC requirement because they tend to be provided under a 'Licence Agreement' rather than a 'Tenancy Agreement'. Only holiday lets that last for more than 3 months to one visitor will require an EPC. For more information on the Certificates and how to get your premises assessed visit the Directgov page here. For a list of government approved assesors click here.
New Consumer Protection Laws
The Consumer Protection from Unfair Trading Regulations 2008 (CPRs) come into force on 26 May 2008.The intention of the law is to harmonise EU law making it easier for traders based in one Member State to market and sell their products to consumers in other Member States. It will also give consumers greater confidence to shop in the UK, and across borders, by providing a high common standard of consumer protection.The regulations provide a framework for determining whether certain practices are misleading, aggressive or lack due diligence on the basis that such actions would alter the behaviour of the average customer. One specific practice that is outlawed is advertising an outdated or fraudulent quality accreditation rating.
New Corporate Manslaughter Legislation
The new Corporate Manslaughter and Corporate Homicide Act 2007 comes into effect on 6th April 2008. This new Act seeks to amend failings in existing legislation where it is difficult to prosecute large organisations due to the need to indentify the individual people in the organisation that were responsible for a breach in the duty to care to employees or customers. The new law therefore makes it easier to convict organisations whose senior managers have breached their duty of care and caused the death of an employee or customer by holding all employers accountable for the actions and decisions of their senior managers. In addition, the new legislation increases the penalties for convicted companies and they may be forced to publicise their offence.It is therefore more important than ever that all businesses revise their health and safety policies and procedures. In doing so they should:· Identify potential areas for risk and address them immediately· Check all health and safety policies are up-to-date and regularly reviewed· Ensure all staff are trained in health and safety and are aware of the implications of the new legislation.
For more information follow this link to the Ministry of Justice website
Employment
National Minimum Wage is now £5.73 per hour for adults; £4.77 for 18-21 year olds and £3.53 for 16-18 year olds.
On 1st April 2009 annual leave entitlement went up by four days to 28 days a year.
The right to request flexible working arrangements will be extended to private foster carers and people with residence orders.
Environment
Government inspectors have new powers of entry to premises to monitor for zoonoses - i.e. diseases that can be passed from animals to humans. This will have an impact on zoos, animal parks, farms and any attraction or business that has animals.
Retail
The legal age at which people can buy tobacco products went up to eighteen on 1st October. All vending machines must carry the appropriate signage.
Smoking
The ban on smoking in all enclosed public spaces came in to force on 1st July 2007. This applies to all businesses in the tourism sector and there are very exceptions. To find out more visit smokefreeengland.co.uk
Equality
The new sexual orientation regulations came in to force on the 30th April 2007. The new rules legislate against discrimination in the provision of goods and services based on sexual orientation.More information on the regulations can be found on the Department of Communities and Local Government's website here