The Proceeds of Crime Act 2002 (External Investigations and External Orders and Requests) (Amendment) Order 2018

This Order makes provision under section 444 of the Proceeds of Crime Act 2002 (“the 2002 Act”) which corresponds to Parts 2 to 5 of the 2002 Act for the purpose of giving effect to “external requests” and “external orders”. This Order also makes provision under section 445 of the 2002 Act for investigative orders (equivalent to those in Part 8 of the 2002 Act) to be made in support of an “external investigation”. The terms “external request”, “external order” and “external investigation” are defined in section 447 of the 2002 Act, and in summary refer to:

Link: The Proceeds of Crime Act 2002 (External Investigations and External Orders and Requests) (Amendment) Order 2018
Source: Legislation .gov.uk

The Electricity (Guarantees of Origin of Electricity Produced from Renewable Energy Sources) (Amendment) (EU Exit) Regulations 2018

These Regulations are made in exercise of the powers conferred by section 8(1) of the European Union (Withdrawal) Act 2018 (c. 16). They amend the Electricity (Guarantees of Origin of Electricity Produced from Renewable Energy Sources) Regulations 2003 (S.I. 2003/2562) and the Electricity (Guarantees of Origin of Electricity Produced from Renewable Energy Sources) Regulations (Northern Ireland) 2003 (S.R. 2003 No. 470) (together, the “GOO Regulations”) to address failures of the GOO Regulations to operate effectively and other deficiencies (in particular under section 8(2)(a), (b) and (c) of the European Union (Withdrawal) Act 2018) arising from the United Kingdom’s withdrawal from the European Union.

Link: The Electricity (Guarantees of Origin of Electricity Produced from Renewable Energy Sources) (Amendment) (EU Exit) Regulations 2018
Source: Legislation .gov.uk

The Feed-in Tariffs and Contracts for Difference (Amendment) (EU Exit) Regulations 2018

These Regulations are made in exercise of the powers conferred by section 8(1) of the European Union (Withdrawal) Act 2018 (c. 16) in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under section 8(2)(a) of that Act) arising from the withdrawal of the United Kingdom from the European Union.

Link: The Feed-in Tariffs and Contracts for Difference (Amendment) (EU Exit) Regulations 2018
Source: Legislation .gov.uk

The Chemical Weapons (Asset-Freezing) and Miscellaneous Amendments Regulations 2018

These Regulations make provision relating to the enforcement of Council Regulation (EU) 2018/1542 of 15th October 2018 concerning restrictive measures against the proliferation and use of chemical weapons (OJ L 259, 16.10.2018, p.12) (“the Council Regulation”).

Link: The Chemical Weapons (Asset-Freezing) and Miscellaneous Amendments Regulations 2018
Source: Legislation .gov.uk

Press release: Solihull man ordered to complete 220 hours of unpaid work

Today, Tuesday 16 October 2018, Adam David Orsler from Solihull, West Midlands appeared before Birmingham Magistrates Court, for illegally depositing 26 tonnes of general household waste on disused land in Smethwick Birmingham, on 10 July 2016. He was sentenced to a 12 month community order and he is required to complete 220 hours of unpaid work. He is also required to pay compensation to the land owner of £2,974, in addition to £2,000 prosecution costs and victim surcharge of £85.

Earlier this year, Mr Orsler entered a guilty plea to the charge of unlawfully depositing the waste. He then failed to attend the subsequent hearing, where the Magistrates found that he had committed the offence deliberately and with a flagrant disregard for the law. The illegal waste deposit had an adverse impact on the amenity value of the area and the defendant benefited financially.

The Environment Agency investigated the incident after a local business owner photographed the defendant depositing the waste. When Environment Agency officers interviewed Mr Orsler, he admitted that he was paid £650 to collect the waste from a site in Dudley, but he received no formal paperwork.

In sentencing Mr Orsler, the Judge took into consideration the absence of any similar previous convictions and Mr Orsler’s personal circumstances.

An Environment Agency Officer in charge of the investigation said:

Waste crime is serious offence as it can damage the environment, blight local communities and undermine those who operate illegally.

This successful outcome shows that the courts take such incidents actions very seriously. In this case, the defendant showed a total disregard for the law as it would have been obvious to him that the site where he tipped the waste, was not a legitimate one.

The Environment Agency provides advice about how to responsibly manage any waste a business produces. If you need advice about waste at your premises, please call us on 0370 850 6506 or visit our web page.

Everyone can play a part in helping to prevent waste getting into the hands of criminals. If members of the public suspect that a company is doing something wrong, they can call the Environment Agency on 24/7 on 0800 80 70 60 or report it anonymously to Crimestoppers on 0800 555 111.

Link: Press release: Solihull man ordered to complete 220 hours of unpaid work
Source: Gov Press Releases

Press release: Giving false name didn’t stop illegal waste carrier getting fined

A 44 year-old man has been fined £120 after pleading guilty to transporting waste without the necessary licence. The offence was discovered during Operation Highway, a multi-agency operation between the Environment Agency, Nottinghamshire Police, Driver and Vehicle Standards Agency (DVSA), HM Revenue and Customs, Nottinghamshire Fire and Rescue Service and Via East Midlands.

On 12 October 2018, at Mansfield Magistrates’ Court, Carl Fairhurst was fined £120, ordered to pay Environment Agency Costs of £135 as well as a victim surcharge of £30

Sheffield based Mr Fairhurst was caught transporting controlled waste without a licence during the multi-agency road stop on the A1 at Blyth in Nottinghamshire. Police directed him to pull in to a check point at the services where the vehicle was examined and confirmed to be carrying waste.

After providing various different names, and claiming to be working for a number of different companies, the driver finally identified himself as Carl Fairhurst. It was confirmed that Mr Fairhurst was self employed.

Mr Fairhurst was unable to produce a valid waste carrier registration and was interviewed under caution at the check point by an Environment Agency officer.

Anyone transporting waste as part of their business, whether it’s their waste or someone else’s, has to register for a Waste Carriers Licence.

During the search of the vehicle, Environment Agency officers established that Mr Fairhurst was working as a sub contractor to a multinational telecommunications company.

Speaking after the case, Iain Regan, Waste Regulatory Specialist at the Environment Agency said:

We were concerned to find that in this case a blue chip telecommunications company was employing an unregistered waste carrier, which increased the risk that their waste would not be managed appropriately or legally. We promptly raised the matter with the company concerned, requiring them to take action to prevent possible further breaches of their Duty of Care. We are pleased to report that the company has since reviewed its procedures and checked its supply chain to ensure that its waste is managed legally in the future

We want householders and businesses to only use licensed waste carriers. Large companies have an important role to play in protecting the environment by only using legal waste management contractors. We hope the legitimate carriers in the industry see that we are taking action against free riders and illegal operators who seek to evade the system.

Operation Highway and its sister operation; Operation Transporter are taking place regularly throughout Nottinghamshire on all classes of road. As this case shows, unregistered waste carriers face a greater risk of being caught and prosecuted as a result of these operations.

Members of the public can report unregistered waste carriers or illegal waste sites to the Environment Agency, in confidence on 0800 80 60 60 (24/7 service), or anonymously to Crimestoppers on 0800 555 111.

Link: Press release: Giving false name didn’t stop illegal waste carrier getting fined
Source: Environment Agency

The Public Lending Right Scheme 1982 (Amendment) (EU Exit) Regulations 2018

These Regulations are made in exercise of the powers conferred by section 8(1) of the European Union (Withdrawal) Act 2018 (c. 16) in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under section 8(2)(d)(ii)) arising from the withdrawal of the United Kingdom (“UK”) from the European Union (“EU”).

Link: The Public Lending Right Scheme 1982 (Amendment) (EU Exit) Regulations 2018
Source: Legislation .gov.uk