Pulse.Assent

The goods, some of which were also branded with the words ‘Lest we Forget’, were later confirmed to have infringed the Royal British Legion’s ‘two-petal poppy’ copyright.

The items were seized on 8 November when Border Force officers from the mobile International Trade Team based at Tilbury Docks attended a freight depot to examine an air freight consignment from China. Inspecting the shipment, which was destined for an address in the Manchester area, officers discovered packages containing poppy branded goods including 1,212 scarves, 5,400 badges and 1,200 key rings. Suspecting the copyright infringement, officers seized the goods and contacted the rights holder.

Amongst the consignment, officers also discovered 600 four petal brooches which were later confirmed to infringe the ‘four-petal’ copyright held by the Earl Haig Fund Scotland (Poppyscotland).

Mark Kennedy, Border Force Acting Deputy Director, said:

Had these fake goods entered the market, they could have cheated thousands of pounds from unsuspecting members of the public and diverted vital funds away from the Royal British Legion.

My officers work around the clock at ports, airports and mail sorting centres identifying and seizing counterfeit goods and their diligence has proved vital here.

All counterfeits cheat honest traders and we are determined to crack down on this type of criminality. Border Force works closely with partner law enforcement agencies to ensure co-ordinated action against those who attempt to import fake goods.

Once items are seized, Border Force’s specialist international trade teams work with the owners of big brands to establish whether or not goods are genuine. If they are confirmed as fake, the goods are destroyed and the rights holders can then decide whether to privately prosecute the importers.

A spokesperson for The Royal British Legion and Poppyscotland said:

The two-petal poppy is a registered trademark owned by The Royal British Legion and the four-petal poppy is a registered trademark owned by Poppyscotland. We have a responsibility to make sure that these trademarks are protected so that the public can be sure that their donations are going directly to a registered charity.

The Royal British Legion and Poppyscotland offer a number of poppy accessories which raise much-needed funds for our charitable work. By donating for a poppy through our official channels, or corporate partners, the public can rest assured that their money will go towards supporting our Armed Forces community.

As well as working with rights holders when counterfeit goods are seized, Border Force also links with a variety of partners, including Trading Standards and the Intellectual Property Office.

Anyone who has been sold counterfeit goods or knows someone who is selling them should contact Action Fraud on 0300 123 2040.

A Cleveland farmer has been ordered to pay £4,899.44 after illegally storing and setting fire to controlled waste on his land.

The blaze, which was filmed by a National Police Air Service (NPAS) helicopter crew, took place at Holdensfield Farm, Yarm, in December 2016.

Charles Roderick Pickering, aged 71, of Holdensfield Farm, was charged with two waste offences when he appeared before Teesside Magistrates’ Court on Friday, 10 November.

He admitted both allegations brought by the Environment Agency and was handed a £3,000 fine with £1,729.44 costs and £170 victim surcharge.

The court heard how the NPAS helicopter crew observed the fire, which was giving off a large plume of black smoke. Footage shows the fire was unattended and included materials such as uPVC door and window frames, wood, wheelie bins, a fridge and shower trays over an area of 50 metres square.

The fire was 200m away from a large housing estate to the north, 200m from HMP Kirklevington Grange to the west, 200m from two busy A roads servicing Yarm and immediately adjacent to a golf driving range.

Burned waste

When Environment Agency Officers attended the site on 19 December 2016 they found the burned and partially burned waste also included televisions, carpet, mattresses, kitchen units and garden waste. There was also an area of unburnt waste consisting of various packaging materials, paint tins and wooden pallets.

Pickering explained that he had allowed a man, whom he only knew by first name, to bring on some of the waste at no charge, with the rest being from his own farm. He admitted he had started the fire, stating he had done it when he considered the wind conditions suitable.

On 26 January 2017, Pickering was interviewed under caution. He produced an invoice and waste transfer notes showing that some of the burnt materials had been removed from the farm.

Mr Brown, of Hewitts Solicitor’s mitigating on Mr Pickering’s behalf, said Mr Pickering accepted responsibility for his wrong doing and had only burnt waste when the wind blew away from local housing and prison. He had now removed the waste at his expense.

Ignorance is ‘no excuse’

Speaking after the court case, Environment Agency spokesperson Rachael Caldwell said:

Ignorance is not an excuse for flouting environmental laws. Not only did Pickering unlawfully accept controlled waste onto his farm, he put the health of the local community and environment in danger by setting fire to it, producing a flume of smoke and fumes.

This case demonstrates the need for everyone to take their environmental responsibilities seriously. Failure to do so can have an immediate impact on people around you and pollute the environment for future generations.

The price control decision relates to the licence that electricity grid operator SONI Limited (SONI) has to operate the grid, which transfers electricity from generators to local supply networks in Northern Ireland (NI) and onwards to businesses and consumers.

This appeal focuses on changes to the licence’s price control formula, which affects the income SONI can receive for its activities over the 5-year period from October 2015 to September 2020.

The Competition and Markets Authority (CMA) granted permission to SONI to appeal on 3 overall grounds, in turn divided into ‘sub grounds’ and specific ‘errors’, against the UR’s decision to modify its licence.

The CMA has upheld the appeal in part. It found, in particular, that some of the UR’s decisions have made it difficult for SONI to obtain the finance it requires to continue with its crucial role ensuring the reliable supply of electricity in NI. The CMA also found errors in other areas, such as pension provision for SONI’s employees, and dismissed some other aspects of the appeal.

The CMA is now requiring the UR to amend SONI’s licence to address the areas where the appeal was successful. In the other areas, the UR’s decisions remain in place.

The summary of the final determination is available on the case page, where other information relating to this appeal can be found. The final determination will also be published shortly.

Notes for editors

1. SONI is the electricity Transmission Systems Operator (TSO) for NI, operating the grid which transfers electricity from generators to local supply networks.
2. The UR is responsible for regulating the electricity industry in NI and for licensing electricity suppliers, generators and transmission and distribution companies.
3. The UR published its Price Control Decision on 14 March 2017. The Price Control Decision was intended to give effect to the arrangements determined by the UR in respect of the 2015–2020 price control for the SONI TSO business (the Price Control), as set out in the UR’s Final Determination, published on 24 February 2016.
4. An energy licence holder may appeal to the CMA against a decision by the UR to amend the conditions of its licence. The CMA must decide whether the appellant has demonstrated that the UR’s decision was wrong on one or more of the grounds set out in its notice of appeal.
5. The CMA’s group of panel members determining the appeal (the Group) has been: Martin Cave (Chair), Katherine Holmes and Jon Stern.
6. The Group received and considered submissions from the Consumer Council for Northern Ireland in addition to those from SONI and the UR.
7. The appeal has been conducted according to the CMA’s published rules and guidance for energy licence modification appeals.
8. There were 3 grounds of appeal:

• Ground 1 (financeability methodology) concerned the ability of SONI to obtain finance for its regulated activities, and to obtain a return consistent with the risks faced by SONI under the price control. We found that SONI was not allowed sufficient return in the price control to compensate it for the risks it faced.

• Ground 2 (revenue uncertainty) concerned the approach to uncertainty. We upheld the appeal to the extent that the mechanism through which SONI would recover its costs of Pre-Construction Network Projects was insufficiently specified and codified. We also found that the mechanism for dealing with uncertain costs as presently specified resulted in significant uncertainties for SONI so that it was difficult for SONI to obtain the finance that it needed to carry out its functions. We dismissed the appeal on the 5 other errors alleged under this ground.

• Ground 3 (inadequate allowances) concerned the amount of money allowed to SONI for certain activities. We found that the price control failed to provide sufficient allowance to cover pension costs, or to cover certain information systems capital expenditure. We dismissed the appeal on 2 other alleged errors.

The scheme has seen the construction of 2 ponds which catch and store water that could otherwise flood properties, businesses and roads in the town. One pond is on the Sytche Brook to the north west of the town and the other is on the Shylte Brook to the south west.

The ponds, which will usually be empty, will fill during times of heavy rain. The collected water will then be released in a controlled manner so that flood risk downstream is reduced. The ponds, which are now fully operational, will drain down sufficiently quickly so that repeat rainfall events can be stored in a similar manner.

The scheme also includes the restoration of Westwood Quarry on Stretton Road.

The flood scheme was supported by the Environment Agency and funded through Flood Defence Grant in Aid by the Severn and Wye Regional Flood and Coastal Committee, local developer contributions and Shropshire Council. Work was carried out by the contractor Griffiths.

Dave Edwards, Senior Adviser at the Environment Agency, said:

The Much Wenlock flood alleviation scheme is a fantastic example of what can be achieved through partnership working. Much Wenlock has a long history of flooding so it’s great to see the finished project protecting properties, businesses and roads in the town. We’ll continue to work closely with both the council and the community in the future.

Steve Davenport, Shropshire Council’s Cabinet member for highways and transport, said:

I’m delighted that work on this important scheme has now been completed, and that dozens of homes and businesses in Much Wenlock are now at far less risk from flooding than they have been in the past.

Between 2015 to 2021, Government is investing £2.5 billion in flood and coastal erosion risk management projects which will reduce the risk of flooding from rivers, the sea, groundwater and surface water for at least 300,000 homes.

Neil has over 20 years experience working in large and complex organisations, at the most senior levels, delivering organisational improvements. He has held a number of senior human resources (HR) positions in both the private and public sector, including BT, the Ministry of Justice and Serco Group. Most recently as Group People Director at the Post Office Neil was part of the team that restored the company to profit, under public ownership, after some years of significant losses.

HS2 chief executive, Mark Thurston, said:

I welcome Neil Hayward to HS2 Ltd and am delighted that he is to lead our HR team.

HS2’s success will come from its people, and Neil’s experience in defining and implementing change at FTSE 100 and 250 companies, and in central government will be extremely valuable as we transition from a development company to one delivering Britain’s new national high speed rail network.

Neil said:

HS2 is a transformational infrastructure project that can change the economic geography of the country. That’s a really important mission and it’s hugely exciting to be joining the company now as it moves towards the major construction stages.

I am really looking forward to being part of the team that will deliver Europe’s biggest infrastructure project which is of national significance for the UK.

Neil takes up his new position with HS2 Ltd on 13 November.