I posted earlier this morning about the new legal duty to self-isolate that applies in England.
In addition to updated Guidance for households, linked to that post, Public Health England has also issued Guidance for COVID-19 Contacts (who are not Household Members) – here.
Note the new law sets out legal duties for notified persons – these are the person who tested positive (and that person must supply the names of their household) and their contacts meeting the definition of having been in close contact. The law does not set out legal duties for household members. In practice, household members and close contacts might be difficult to distinguish.
Guidance now exists for
– Households – here.
– Contacts – here.
Public Health England definition of ‘contact’ is not the same as ‘close contact’ set out in the England self-isolation law.
If you are a contact of someone who has tested positive for COVID-19, then you will be notified by the NHS Test and Trace service via text message, email or phone. If you are notified, please follow the guidance in this document closely.
If you have not been notified that you are a contact, this means you do not need to self-isolate and should follow the general guidance, for example, social distancing, hand-washing, and covering coughs and sneezes.
On 1 September, DEFRA updated its existing webpage guidance for – How to comply with the EU’s REACH chemical regulations when using, making, selling or importing chemicals in the EU, and how to prepare for 1 January 2021 – here.
Per the webpage –
UK REACH, the UK’s independent chemicals regulatory framework, starts on 1 January 2021. Anyone making, selling or distributing chemicals in the UK and the EU needs to follow UK REACH and EU REACH rules.
UK REACH will maintain EU REACH’s aims and principles. These include:
• the “no data, no market” principle
• the “last resort” principle on animal testing
• access to information for workers
• the precautionary principle
The government intends to extend the deadlines for submitting data under UK REACH transitional provisions subject to scrutiny by parliament and the devolved administrations. This guidance includes these extension dates rather than those currently provided in UK REACH legislation.
Please note the new deadlines in the DEFRA updated webpage.
GB-based companies currently registered with EU REACH will no longer be able to sell into the EEA market without transferring their registrations to an EU/EEA-based organisation. This registration transfer stipulation is set out in the EU instruction notice – here.
Registration transfer to an EU/EEA-based Organisation will not apply in Northern Ireland. We await confirmation on the application of UK REACH in Northern Ireland.
Per the webpage –
Under the Northern Ireland Protocol, the process for Northern Ireland businesses moving goods to and from the European Union under EU REACH will not change from 1 January 2021. Further guidance will be published for NI businesses moving goods into the GB market.
EU REACH registrations held by UK-based companies will carry across directly into UK REACH, legally ‘grandfathering’ the registrations into the new regime.
UK-based holders of existing EU REACH registrations may continue the ‘grandfathering’ process by providing basic information to the Health and Safety Executive (HSE) by 30 April 2021.
Holders must complete the grandfathering process within 2, 4 or 6 years of 28 October 2021, depending on their Tonnage Band Deadlines.
Per the webpage –
The information UK-based holders need to provide will be the same or very close to what holders previously provided. Defra will publish any changes to the information needed in September 2020.
Businesses importing chemicals from the EU currently relying on a registration held by an EU/EEA-based company can continue importing substances as they do now on 1 January 2021. They will need to take subsequent actions to ensure that the chemical is registered for UK REACH purposes.
These UK downstream users must notify the HSE using a Downstream User Import Notification (DUIN) of their intention to continue importing substances from the EU/EEA by 27 October 2021.
A new registration must then be submitted to the HSE within 2, 4 or 6 years of 28 October 2021. Alternatively, UK downstream users can encourage their EU/EEA supplier to appoint a UK-based Only Representative (OR), or change their source to a UK registered supplier.
It’s possible to submit DUINs if a chemical is covered by a registration held by an EU/EEA-based OR and then sold into the UK.
The online service ‘Comply with UK REACH’ will go live on 1 January 2021. Businesses can use the service to:
• validate existing UK-held EU registrations (‘Grandfathering’)
• submit downstream user import notifications (DUIN)
• submit new substance registrations
• submit new product and process orientated research and development (PPORD) notifications
Businesses will need to coontact the HSE to ensure that they:
• validate existing UK-held product and process orientated research and development (PPORDs), known as ‘grandfathering’
• provide information on any authorisation matter,including new authorisation application, grandfathering of existing authorisations, and downstream user notifications of authorised uses
The above is NOT a full list of the stipulations in the updated webpage. Please read all parts of the webpage for all instructions.
From 12am this morning, 28 September 2020, a new legal duty exists to self-isolate if notified (by persons identified in the legislation) as being a person who has (a) tested positive for COVID-19 after 28 September 2020 or (b) had a close contact after 28 September 2020 with a person who has tested positive for COVID-19.
The notified person must self-isolate (for the period and as stipulated in the Legislation), and must also notify each person living in his/her household. The Legislation does not set out legal duties for household members.
The Legislation – The Health Protection (Coronavirus, Restrictions) (Self- Isolation) (England) Regulations 2020 (SI 1045) – is here.
Close contact means –
(1) having face-to-face contact with someone at a distance of less than 1 metre,
(2) spending more than 15 minutes within 2 metres of an individual,
(3) travelling in a car or other small vehicle with an individual or in close proximity to an individual on an aeroplane.
Please note the duties on Employers.
The Stay at Home Guidance is also updated 28 September – you will see this has instructions for household members. The status of the document is Guidance. The document is here.
A highly complex bill was introduced yesterday at First Reading. This bill is here.
Explanatory Notes for the bill are here.
The Institute for Government has a useful explainer here.
I Blog posted about the possibility of an Internal Market Bill earlier this year. In the meantime, the UK Government published a policy paper and conducted a short consultation.
From 1 Jan 2021, the UK government and the devolved administrations will no longer be collectively bound by EU law. As powers over key policy areas return to the UK government and the devolved administrations, there is a possibility that different parts of the UK may in future make different rules. This could create barriers to trade between constituent parts of the UK.
The UK Internal Market (UKIM) Bill would rely on the principles of mutual recognition and non-discrimination to ensure there are no new barriers for businesses trading across the UK.
The UK government argues that this bill will be necessary to underpin the functioning of the UK internal market after the end of the transition period – but the Scottish and Welsh governments are opposed to this approach. Instead, they would prefer to manage any possible new barriers to trade through mutually-agreed common frameworks in specific policy areas.
The government is also using this bill to give ministers powers to amend how the UK could implement the Ireland/Northern Ireland Protocol of the EU-UK Withdrawal Agreement – if it can’t reach key decisions with the EU. The government has said that it will use the forthcoming Finance Bill (not yet published) to give ministers further powers with relation to the Northern Ireland protocol.
Clauses set out new monitoring responsibilities of the internal market for the Competition and Markets Authority (CMA), which will be exercised through an Office for the Internal Market (OIM).
The CMA will have powers to monitor and report on the effectiveness of the internal market, under its own initiative or at the request of the UK or devolved governments. Although its remit will be limited to regulations which fall within the scope of the earlier parts of the bill (and will exclude anything giving effect to the Northern Ireland protocol).
The government plans to pass the UK Internal Market Bill before the UK leaves the transition period at 11pm on 31 December – this means there will be limited time for parliament to scrutinise this constitutionally significant piece of legislation.
It will need to pass both the Commons and the Lords before it can become law, and both Houses will be able to table amendments.
On 1st Sept 2020, the UK issued instructions for persons placing manufactured goods on the UK market after 1 Jan 2021. These instructions are here.
The instructions detail the situation for the GB market, separate links access instructions for GB companies placing goods on the EU market, and for Northern Ireland. Please follow those links and read the information set out there.
Separate rules apply to chemicals, medicines, vehicles and aerospace. Follow the links for the latest information. Medicines is well elaborated.
There are also rules for goods that are not covered by EU rules. Follow those links for the latest information there.
Finally, some other categories have particular rules, follow those links.
Please read my separate Blog post on UKCA marking. Note, UKCA marking will not be recognised in the EU or Northern Ireland markets. Products currently requiring a CE marking for sale in the EU will continue to need a CE mark.
Note, distributors of EU goods in the UK will become importers from 1 Jan 2021.
Queries should be sent to BEIS.
On 1st September, the UK issued instructions for manufactured goods (and some other classes of goods), together with instructions on the UKCA mark applicable from 1st Jan 2021.
The UKCA mark instructions are here.
The instructions for manufactured goods are here.
The instructions for medical devices are here (note CE marked goods can circulate in GB until 30 June 2023).
The instructions for construction products are here.
The instructions for explosives are here. (HSE)
The instructions for rail interoperability are here. (dating from 1st July 2020)
UKCA (UK Conformity Assessed) marking is a new UK product marking that will be used for goods being placed on the market in Great Britain (England, Wales and Scotland). It covers most goods which previously required the CE marking, and aerosol products. I Blog posted some time ago about UKCA marking coming in.
UKCA marking alone cannot be used for goods placed on the Northern Ireland market, which will continue to require CE marking or UK(NI) marking.
The technical requirements (‘essential requirements’) and the conformity assessment processes and standards that can be used to demonstrate conformity – will be largely the same from 1st Jan 2021 as they are now.
UKCA marking can be used from 1 January 2021. However, CE marking will be permitted until 1 January 2022 in most cases.
CE marking will only be valid in Great Britain for areas where GB and EU rules remain the same. If the EU changes its rules and the product carries the CE mark on the basis of those new rules, CE marking will not be permitted for sales in Great Britain even before 31 December 2021. Please look out for Blog posts.
UKCA marking will not be recognised on the EU market. Products currently requiring a CE marking will need a CE marking for sale in the EU from 1 January 2021. [note from 1 Jan 2021, CE marks must be issued by legal entities based in the EU]
UKCA marking does not apply to existing stock, for example if the good was fully manufactured and ready to place on the market before 1 Jan 2021. In these cases the good can be sold in Great Britain with a CE marking even if covered by a certificate of conformity issued by a UK body.
On 1 Jan 2021 UK standards will be the same in substance and with the same reference as the standards used in the EU. However, they will use the prefix ‘BS’ to indicate that they are standards adopted by the British Standards Institution as the UK’s national standards body.
From 1 Jan 2022, CE marks will not be recognised in Great Britain for areas covered by the UKCA mark instructions and the UKCA marking. However, a product bearing the CE marking would still be valid for sale in the UK so long as it was also UKCA marked and complied with the relevant UK rules. Separate rules apply to medical devices (see the link above).
Product areas covered by the UKCA marking
• Toy safety
• Recreational craft and personal watercraft
• Simple pressure vessels
• Electromagnetic compatibility
• Non-automatic weighing instruments
• Measuring instruments
• Lifts
• ATEX
• Radio equipment
• Pressure equipment
• Personal protective equipment
• Gas appliances
• Machinery
• Outdoor noise
• Ecodesign
• Aerosols
• Low voltage electrical equipment
• Restriction of hazardous substances
All enquiries should be to BEIS.
This is a summary, please follow the links and read the instructions in full.
Cardinal Environment Limited's Blog 