The Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (Amendment to Schedule 5) Regulations 2018 / Rheoliadau Deddf Treth Trafodiadau Tir a Gwrthweithio Osgoi Trethi Datganoledig (Cymru) 2017 (Diwygio Atodlen 5) 2018

Link:

The Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (Amendment to Schedule 5) Regulations 2018 / Rheoliadau Deddf Treth Trafodiadau Tir a Gwrthweithio Osgoi Trethi Datganoledig (Cymru) 2017 (Diwygio Atodlen 5) 2018

Source: Legislation .gov.uk

The Enterprise Act 2002 (Part 9 Restrictions on Disclosure of Information) (Specification) Order 2018

Part 9 of the Enterprise Act 2002 (“the Act”) restricts the disclosure of “specified information” which relates to the affairs of an individual or any business of an undertaking. Specified information is information which comes to a public authority in connection with the exercise of its functions under certain Parts of the Act or under certain other specified legislation (see section 238 of the Act). Section 241(3) of the Act provides that a public authority may disclose specified information to any other person for the purpose of facilitating the exercise of functions that person has under or by virtue of the Act, an enactment specified in Schedule 15, or any subordinate legislation specified for the purposes of section 241(3)(c).

Link: The Enterprise Act 2002 (Part 9 Restrictions on Disclosure of Information) (Specification) Order 2018
Source: Legislation .gov.uk

Press release: Chemicals disposal investigation: findings published

Sellafield Ltd has today published the findings of an internal investigation into the disposal of potentially hazardous chemicals at our site last year.

In October 2017, a chemicals inventory check in our Analytical Services building identified potentially hazardous chemicals requiring safe disposal.

In line with industry best practice, we requested the assistance of the Army’s Explosive Ordnance Disposal (EOD) team to assist with these disposals.

The EOD disposed of the identified chemicals, along with other potentially hazardous chemicals subsequently identified, using the recognised safest method: controlled detonation on the Sellafield site.

Following the safe conclusion of these operations, we initiated an internal investigation to understand the root causes and recommend steps to improve our future handling of these substances.

The investigation has now concluded. It found the following:

There were 2 root causes:

  1. Our approach to conventional (non-radiological) safety is not always tailored to the risks and hazards of individual facilities
  2. Priority was not given to the disposal of redundant chemicals. This was because they were out of the conscious awareness of the majority of people within Analytical Services

Additional findings:

  • All of the redundant chemicals involved were on our chemical inventory but there was a lack of recognition of the risk associated with their degradation
  • A strong nuclear safety culture resulted in the risk being identified by employees

The investigation proposed recommendations:

  1. A site-wide review of potentially hazardous chemicals identified as requiring non-immediate action following last year’s inventory check. This will clarify who is responsible and will develop and implement a new approach for future chemical disposal.
  2. An external benchmarking exercise to understand best practice for the management of complex chemical inventories.
  3. A review of existing contracts to ensure specialist chemical advice and ongoing support is in place.
  4. A new system for the oversight and control of chemical inventories.

Steve Bostock, Sellafield Ltd chief operating officer, said:

The Sellafield site is home to some of the oldest and most complex risks and hazards anywhere in the world.

It is our responsibility to make sure these hazards are managed in a way that protects our workforce, the local community and the environment.

We take this responsibility very seriously, which is why I initiated an investigation into last year’s chemicals disposal event at the earliest opportunity.

I’m confident we now have a full understanding of the circumstances and an improved approach to the management of chemicals, which will also inform our approach to other potential hazards on our site.

Chemical disposals investigation report

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Link: Press release: Chemicals disposal investigation: findings published
Source: Gov Press Releases

Press release: Suspended jail term for landowner over illegal landfill site

The Environment Agency has successfully prosecuted a landowner and two men who blighted 19 acres of Cheshire farm land by dumping and landfilling tens of thousands of tonnes of waste.

Mr Eric Hale of Bank Top Farm near Frodsham was sentenced to 12 months imprisonment suspended for two years, disqualified from driving for 12 months ordered to work 200 hours unpaid and have a curfew of 8pm to 6am for three months after pleading guilty to operating an illegal waste site without an environmental permit and dumping and landfilling controlled waste on the land.

Mr Hale also paid £100,000 in contributions towards the Environment Agency’s costs. Mr Dennis Whiting and Mr Stefan Street each received a Conditional Discharge for two years after pleading guilty to dumping and landfilling controlled waste.

The Environment Agency brought the case against Mr Eric Hale, Mr Dennis Whiting and Mr Stefan Street after a lengthy investigation. The investigation identified that significant amounts of waste were being brought on to the farm, which did not have an environmental permit.

The Environment Agency identified that the operation of the illegal site was closely connected with a waste company Eric Hale Skip Hire Ltd. The prosecution for the Environment Agency stated that the majority of waste collected by the company was illegally dumped and landfilled at Bank Top Farm instead of being taken to a legitimate waste site.

Tracey Rimmer, Area Environment Manager for the Environment Agency, said:

This operation demonstrates how the Environment Agency works in partnership to tackle serious waste crime. We have worked closely with the police and local authorities to pursue these criminals and bring them to justice. Waste crime is a serious issue diverting as much as £1 billion per year from legitimate business and the treasury.

During the course of the investigation Eric Hale, Steffan Street and Dennis Whiting were seen driving large waste vehicles which delivered, deposited and disposed of mixed waste, demolition waste including plasterboard and other waste including carpets and mattresses.

Trommel fines, which are a by-product produced during the recycling process and consist of materials such as wood, aggregate, glass, ceramics and organics, were also dumped at Bank Top Farm. The unregulated deposit of waste has the potential to cause harm to the environment.

The Judge on sentencing said:

Eric Hale was driven by greed to continue the illegal operation.

Also the court did not accept any of the mitigation of the offending put forward but Eric Hale’s substantial personal mitigating circumstances were acknowledged by the court.

If you see waste crime report it by calling our incident hotline on 0800 80 70 60 or anonymously to Crimestoppers on 0800 555 111.

Waste crime can cause serious pollution to the environment put communities at risk and undermines legitimate business and the investment and economic growth that go with it. You can call the Environment Agency on 0370 850 6506 to find out how to responsibly manage any waste your business produces or visit www.gov.uk/managing-your-waste-an-overview/overview.

Link: Press release: Suspended jail term for landowner over illegal landfill site
Source: Environment Agency

Press release: David Lidington in Wales and Scotland for talks on business and Brexit

The Chancellor of the Duchy of Lancaster David Lidington MP will visit Wales and Scotland this week, where he will meet with business leaders and politicians to discuss the economy and the UK’s preparations for leaving the EU.

Mr Lidington will attend roundtable discussions with different sectors of business in Cardiff (Thursday, February 1st) and Edinburgh (Friday, February 2nd). The newly appointed Minister will also hold bilateral discussions on the EU Withdrawal Bill with both the Welsh First Minister and the Scottish Deputy First Minister on Thursday.

Speaking ahead of the visits to Cardiff and Edinburgh, David Lidington said:

I am very much looking forward to visiting Scotland and Wales. The UK Government is committed to building a Britain where our strong economy benefits all parts of the UK.

I know that businesses in Wales are excited by the opportunities that come from our plans to remove the tolls from the Severn Bridge. Our investment in broadband and UK City Deals are making a real difference in Wales and Scotland. I want to hear from businesses in Cardiff and Edinburgh about what else we can do to help drive economic growth.

I am also looking forward to continuing my discussions with Carwyn Jones and John Swinney on how we can make progress with the EU Withdrawal Bill in our face-to-face talks today. We need to work together to find an agreed way forward.

In Cardiff, David Lidington will co-host, with the Secretary of State for Wales Alun Cairns MP, a meeting of the regular Expert Panel group of representatives of the businesses, agriculture, fisheries and third sector in Wales that advises on the arrangements for leaving the EU.

The Secretary of State for Wales has established the group to work with him to deliver a smooth and orderly exit from the EU in Wales.

Speaking ahead of the meeting, Secretary of State for Wales Alun Cairns said:

The UK Government is resolute in its commitment to delivering an EU exit that works for every part of the country, and to taking every opportunity along the way to further strengthen our precious union.

We have ensured that the Welsh Government and every sector in Wales have been fully and constructively engaged with the Brexit process, so we can together deliver the best possible deal for the people of Wales.

Scottish Secretary David Mundell said:

I look forward to meeting the Scottish Government later today. The return of powers from the EU will lead to a significant increase in the decision-making powers of Holyrood. We have made good progress in our discussions with the Scottish Government on common frameworks and will continue those discussions today. We want to agree an amendment to the EU (Withdrawal) Bill which we can then bring forward in the Lords.

The Minister will also chair a roundtable of Scottish business representatives in Edinburgh on Friday morning.

ENDS

Link: Press release: David Lidington in Wales and Scotland for talks on business and Brexit
Source: Gov Press Releases

Press release: £866 million investment to help unlock potential 200,000 new homes

Up to 200,000 new homes are set to get off the ground as government confirms £866 million investment in local housing projects today (1 February 2018).

Housing Secretary Sajid Javid and Chancellor Philip Hammond announced that 133 council-led projects across the country will receive funding to support local work that will make housing developments viable and get much-needed homes built quicker.

With the government committed to building 300,000 homes a year by the mid-2020s, this first wave of funding from the £5 billion Housing Infrastructure Fund is part of a comprehensive programme to fix the broken housing market.

This latest investment and will fund key local infrastructure projects including new roads, cycle paths, flood defences and land remediation work, all essential ahead of building the homes.

Without this financial support these projects would struggle to go ahead or take years for work to begin, delaying the homes these communities need. Together with the government’s Industrial Strategy, it will provide high-quality infrastructure to support economic growth.

Chancellor of the Exchequer, Philip Hammond, said:

Today marks the first step of the multi-billion pound investment we announced at the Budget to help build the homes our country needs.

This fund finances vital infrastructure such as roads, schools and bridges, which will kick-start housing development in some of Britain’s highest-demand areas.

This support will help us meet our ambitious plan of building 300,000 new homes each year and ensure we have enough housing in areas which need it most.

Housing Secretary Sajid Javid said:

Our priority is building the homes this country desperately needs.

This first wave of investment totalling £866 million will help get up to 200,000 homes off the ground, making a huge difference to communities across the country.

This is just one of the many ways this government is taking action to get Britain building homes again.

Projects from County Durham to Cornwall will receive funding including:

  • £10 million for highway infrastructure to unlock further development at the Ashton Green housing site in Leicester, helping to unlock 3,300 homes
  • £10 million for construction of a bypass in Botley, Hampshire, a critical strategic road infrastructure project that will help unlock the delivery of 1,000 new homes
  • £3.6 million for drainage works, new roads and footpaths at the Manor Cluster, south-east Sheffield to help unlock more than 400 homes by 2025
  • £6.5 million to help build a new primary school as part of the Ilfracombe Southern Extension in North Devon. This will help unlock 750 new homes.

The £5 billion Housing Infrastructure Fund is a government capital grant programme to help unlock new homes in areas with the greatest housing demand. Funding is awarded to local authorities on a highly competitive basis.

The fund is divided into 2 streams:

  • A Marginal Viability Fund – available to all single and lower tier local authorities in England – to provide a piece of infrastructure funding to get additional sites allocated or existing sites unblocked quickly. Bids can be up to £10 million.
  • A Forward Fund – available to the uppermost tier of local authorities in England – for a small number of strategic and high-impact infrastructure projects. Bids can be up to £250 million.

The government will be progressing Forward Funding projects to go through to co-development in the coming weeks, with final funding announced from Autumn 2018. Today’s announcement forms part of the government’s Industrial Strategy which sets out a long term plan to boost the productivity and earning power of people throughout the UK.

The Strategy sets out how we are building a Britain fit for the future – how we will help businesses create better, higher-paying jobs in every part of the UK with investment in skills, industries and infrastructure.

Further information

The government together with Homes England assessed each bid for their strategic ambition, benefits costs ratio and their deliverability.

We will work with the local authorities over the coming months to progress schemes through detailed funding clarification.

See details of all bids:

Successful Marginal Viability Fund projects

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Link: Press release: £866 million investment to help unlock potential 200,000 new homes
Source: Gov Press Releases

Press release: Gambling sector told to raise its game after CMA action

As part of a major overhaul of how the gambling industry operates online, three leading operators – Ladbrokes, William Hill, and PT Entertainment – have formally committed to change the way they offer bonus promotions to ensure players can always access and release their own money.

These landmark changes must now be adopted across the sector. Firms not doing so will face regulatory action from the Gambling Commission. The Competition and Markets Authority (CMA) and the Gambling Commission have been working in collaboration to improve conditions for players gambling online.

The changes come in response to an investigation by the CMA to make sure the sector was not breaking consumer protection law, and mean players can be sure they can withdraw their own money when they play as part of a bonus promotion.

The firms involved have also agreed to be more upfront and clear in the terms and conditions of their bonus promotions. In particular, the changes mean:

  • Players won’t be required to play multiple times before they can withdraw their own money
  • Gambling firms must ensure that any restrictions on gameplay are made clear to players, and cannot rely on vague terms to confiscate players’ money
  • Gambling firms must not oblige players to take part in publicity

The promotions under particular scrutiny are designed to attract players onto casino-like gaming websites by offering bonus funds when players put in their own money.
The CMA found that certain terms in these promotions were likely to be ‘unfair’, in breach of consumer protection law, and could mislead consumers. There was particular concern people could be made to play for longer than they had bargained for before being able to withdraw their own money.

These problems were found to be common across the £4.7 billion online gambling sector and in October 2016 the CMA launched an investigation, in collaboration with the Gambling Commission, to tackle the shared concern around transparency and fairness.

The Gambling Commission has made clear that firms across the whole sector must promptly adopt similar changes to address the concerns identified.

George Lusty, Project Director, said:

Gambling always carries a risk, but players should never face unfair restrictions that prevent them from getting at their money. Firms mustn’t stack the odds against players, by putting unfair obstacles in their way, or making it difficult for them to stop gambling when they want to.

The CMA is here to make sure businesses’ terms and practices are fair for their customers. We welcome the commitment from these leading firms to address the problems our investigation uncovered, by making important changes to their terms and conditions.

We now expect others to follow, and look forward to the Gambling Commission’s continued work to make sure all operators in this sector play fair with their customers’ money.

Gambling Commission Executive Director, Sarah Gardner, said:

We back the action taken by the CMA today. Gambling firms must treat their customers fairly and not attach unreasonable terms and conditions to their promotions and offers.

We expect all Gambling Commission licensed businesses to immediately review the promotions and sign up deals they offer customers and take whatever steps they need to take, to the same timescales agreed by the three operators, to ensure they comply.

Operators should be very aware that we will continue to work closely with the CMA to ensure customers are getting a fair deal across the gambling industry.

Further enforcement activity by the CMA in the sector is ongoing. The CMA will continue to look at obstacles facing customers trying to withdraw their money after gambling online – whether as part of a promotion or not.

This includes considering terms that force players to withdraw prize money in small instalments over a long period of time, and terms which allow firms to confiscate funds if they haven’t been played with for a few months.

Notes for editors

  1. The key pieces of consumer protection legislation relevant to the CMA’s investigation are the Consumer Protection from Unfair Trading Regulations 2008 (CPRs) and Part 2 of the Consumer Rights Act 2015 (CRA). The CPRs prohibit certain unfair commercial practices – in particular misleading acts or omissions, but also behaviour that is contrary to the requirements of professional diligence. Amongst other things, the CRA prohibits unfair contract terms in consumer contracts and requires that terms be transparent.
  2. The CMA opened an investigation into the gambling sector’s compliance with consumer protection law in October 2016 after hearing about a range of concerns that suggested some operators were not treating their customers fairly. This investigation heard from over 1,000 customers with concerns about a large number of different gambling firms, required companies to answer questions about how they operate, closely examined the advertising and terms on a range of websites, and asked companies to give it demonstrations of the consumer journey and consumer play on their sites.
  3. This investigation led to CMA announcing in June 2017 that it had opened cases against a number of operators and a new line of enquiry to look further into obstacles that people face when they try to withdraw their money after depositing funds and gaming or betting online (whether as part of a promotion or not).
  4. The CMA is the UK’s primary competition and consumer authority. It is an independent non-ministerial government department with responsibility for carrying out investigations into mergers, markets and the regulated industries and enforcing competition and consumer law. For CMA updates, follow us on Twitter @CMAgovuk, Facebook, Flickr and LinkedIn.
  5. As a result of these cases, three operators have provided undertakings to the CMA. They are Ladbrokes Betting & Gaming Limited, trading as Ladbrokes (“Ladbrokes”), WHG (International) Ltd, trading as William Hill (“William Hill”), and PT Entertainment Services Limited, trading as titanbet.co.uk and winner.co.uk (“PT Entertainment”).
  6. The provision of these formal commitments (‘undertakings’) by the three operators is not an admission of a breach of the law. Nor does the CMA’s view amount to a binding ruling – ultimately only a court can rule that a particular term or practice infringes the law.
  7. The CMA acknowledges the co-operation and positive engagement of these operators throughout the investigation, and welcomes their constructive approach.
  8. The Gambling Commission regulates gambling in Great Britain in partnership with licensing authorities. It also regulates the National Lottery. Its regulations are aimed at ensuring gambling is crime-free, fair and open and children and other vulnerable people are protected. It advises central and local government on the impact of gambling and its regulation. It holds operators to account; it ensures operators meet licensing standards and takes action against those that don’t. It ensures that National Lottery returns to good causes are maximised.
  9. The Gambling Commission reports that in 2016 the online gambling sector was worth £4.7 billion (Gross Gambling Yield) and accounted for 34% of all gambling. It also reports that there are over 28 million active accounts for licensed facilities in Great Britain and that nearly 9 million people had gambled online in the 4 weeks up to 31 March 2017.
  10. The CMA has produced a ‘60-second summary’ to help all gambling operators review their practices and ensure their terms and conditions are in line with consumer protection law. It has also produced ‘advice for gamblers’ and a short video guide for consumers.
  11. If you are a member of the public with a query please email general.enquiries@cma.gsi.gov.uk or call 02037376000.
  12. Media enquiries to the CMA should be directed to press@cma.gsi.gov.uk or 020 3738 6798. Media enquiries to the Gambling Commission should be directed to Nikita Jan njan@gamblingcommission.gov.uk or 0121 230 6700.

Link: Press release: Gambling sector told to raise its game after CMA action
Source: Gov Press Releases