UK Regulatory Timeline Horizon spotting made easy

osborneclarke.com

UK Regulatory Timeline Horizon spotting made easy

© Osborne Clarke October 2014

osborneclarke.com

UK Regulatory Timeline

Horizon spotting made easy

Page 1 of 38 © Osborne Clarke October 2014

Advertising and Marketing 2

Competition 4

Consumer Protection 6

Data Protection, Cyber Security and Privacy 8

Digital and Telecoms Regulation 10

Dual Use Goods Export Regulation 12

Employment and Contingent Workforce 14

Environment and Renewables 16

Financial Services 19

Gambling 22

Gas and Electricity 23

Health and Safety 25

Life Sciences and Healthcare 27

Product Liability 29

Rail 32

Regulated Procurement 34

One of the questions I am asked most regularly by clients is: “I need to know what is on the horizon – what upcoming regulatory changes do I need to know about?”

This UK Regulatory Timeline aims to answer that question. It draws on the expertise of over 40 lawyers in Osborne Clarke’s Regulatory Group, working across legal disciplines and sectors. We would be happy to speak with you about how any of the forthcoming changes affect you and your business. Please just get in touch with me or any of the team to arrange a call or a meeting.

Catherine Wolfenden Partner and Head of Osborne Clarke's Regulatory Group T +44 117 917 3600 [email protected]

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Advertising and Marketing

“The risk dial for advertising claims is being cranked up a notch or two, with new consumer remedies from 1 October 2014 and potential new powers for the CMA and Trading Standards under the Consumer Rights Bill.”

Nick Johnson Partner, Advertising and Marketing Regulation T +44 20 7105 7080 [email protected]

1 October 2014 New consumer remedies for

misleading ads

Under the Consumer Protection (Amendment) Regulations 2014, where consumers are affected by misleading actions or aggressive practices they can have directly enforceable rights to unwind the contract, be paid damages for any detriment caused or obtain a discount.

1 October 2014 New gambling ad regime Under the Gambling (Licensing and Advertising) Act 2014, gambling operators based in the EEA and “white-listed” territories will no longer be able to advertise lawfully to persons in Great Britain unless they get a licence from the Gambling Commission here in Great Britain. Transitional provisions apply for operators who applied by 16 September 2014 but whose applications have not yet been determined. Media owners and those partnering with off-shore gambling operators should investigate the British licensing status of the operators they are dealing with.

5 November 2014 Facebook “like-gating” policy

change

It will no longer be permissible under Facebook’s policies to make entry into a competition or other promotion conditional on “Liking” a Page.

30 November 2014 Trading Standards Institute

consultation on BIS Pricing

Practices Guide

In its June 2014 “Pricing Practices Guide – Call for Evidence Responses” document, the Trading Standards Institute indicated that it expects to launch a consultation on proposals to revise the PPG “probably… …in late Autumn 2014”.

31 May 2015 Northern Ireland lotteries law

reform

Northern Ireland's gambling law regime is due to be updated, with draft legislation expected to be put forward to Northern Ireland's Assembly prior to the next elections in May 2015. The changes will align gambling regulation in Northern Ireland (largely governed by the Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985) more closely with that in the rest of the UK, where the Gambling Act 2005 applies. Marketers are likely to welcome the proposed changes to the laws surrounding prize draws, which are expected to include the removal of the requirement for a free entry route where entry to a prize draw requires the purchase of a product at its normal price.

31 December 2015 Enhanced consumer

measures under the

Consumer Rights Bill

Under the Bill, it is proposed that Trading Standards officers and the CMA will have new rights to apply to the civil courts for redress for consumers disadvantaged by breaches of the CRB and for remedies against non-compliant traders to improve their compliance and reduce the likelihood of future breaches. The Bill also attaches a new importance to product claims in advertising in that it would be a statutory term of the consumer’s contract that products purchased must meet descriptions given (including in advertising).

31 December 2015 Higher maximum fines under

consumer protection laws

Dramatic increases in maximum fines for advertising or marketing in breach of Consumer Protection from Unfair Trading Regulations 2008 will take effect with the coming into force of the Legal Aid, Sentencing and Punishment of Offenders Act

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2012 (Amendment of Standard Scale of Fines for Summary Offences ) Order 2014 and the snappily-named Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Disapplication of Section 85 (1), Fines Expressed as Proportions and Consequential Amendments) Regulations 2014

31 December 2015 Direct enforcement against

copycat packaging

Possible introduction of direct enforcement rights against copycat packaging by way of amendments to the Consumer Protection from Unfair Trading Regulations 2008 depending on the outcome of BIS’ consultation in 2014.

31 December 2015 New guidance on nuisance

calls/texts

Possible new ICO guidelines on nuisance calls and texts following recommendations of the Which? Taskforce on consent and lead generation (expected December 2014).

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Competition

“The most significant developments in competition law in the next year are likely to relate to damages actions for breach of the competition rules. Legislation on damages actions is in development at both EU and UK level. There are also numerous cases in the courts, especially follow-on actions based on concluded regulatory investigations, which will continue to progress in 2015.”

30 November 2014 Proposed EU Directive on

damages actions for competition

law infringements

In early 2014, the EU institutions reached agreement on the European Commission’s proposed directive to set minimum standards for national legal systems regarding private actions for competition infringements.

Final preparatory work is ongoing, but ministers are currently expected to give formal approval on 7 November, paving the way for the European Parliament to bring the Directive into law in late November.

Member States will be given a period in which to transpose the Directive’s provisions into their legal systems. Fundamental changes to UK law will not be required, but it is likely that there will have to be some new UK legislation – for example, to give effect to the Directive’s provisions on disclosure of documents by competition authorities, and possibly also on limitation periods.

1 May 2015 Expiry of the old Technology

Transfer Block Exemption

On 1 May 2014, a new Technology Transfer Block Exemption (Regulation 316/2014) came into force. For the first year of the new Regulation, it applies in parallel with the old TTBE (Regulation 772/2004), so that agreements which satisfy the requirements of the old Regulation (and which were already in force on 30 April 2014) remain exempt from the prohibition in Article 101 TFEU.

After 1 May 2015 only the new Regulation will apply, so that agreements for the transfer of technology (patents, know-how or software copyright) will need to comply with the new rules if they are to be exempt.

30 September 2015 Draft EU legislation on card

transaction fees

The EU legislature is currently considering legislation, first proposed by the European Commission in 2013, to set caps on the fees which banks collect when customers use payment cards (such as MasterCard and Visa). This follows many years of legal wrangling over the fees, including findings by the European Commission of competition infringements and substantial ongoing damages claims in the UK courts.

Further progress on the legislation is expected over the coming year. The legislation is likely to affect card fees for the future, but not the existing litigation, which involves claims for repayment of past fees.

30 September 2015 Government consultation on

regulatory and competition

appeals

In 2013, the Government consulted on possible improvements to appeal mechanisms in a variety of regulated sectors (including energy, rail and telecoms) as well as in competition cases more broadly. The intention was to examine whether appeals could be made more efficient, and costs reduced.

The proposals were met with criticism, and the Government has since failed (for more than a year) to respond. It remains to be seen during 2014-2015 whether any

Simon Neill Partner, Competition T +44 20 7105 7028 [email protected]

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of the proposals are revived.

31 October 2015 Consumer Rights Bill - impact

on competition law

The Consumer Rights Bill is continuing its progress through Parliament, and is expected to become law in October 2015. The Bill includes proposals from the Government to reform the law surrounding private enforcement of the competition rules.

The Bill is intended to:

- introduce the possibility of opt-out collective damages actions for breaches of the competition rules, making it easier (and potentially more cost-effective) for interest groups to sue to recover damages on behalf of consumers;

- broaden the powers of the Competition Appeal Tribunal to hear private damages actions in the competition sphere, including (for the first time) "standalone" damages actions (which do not "follow on" from an infringement decision by a competition authority); and

- create a power for the CMA to approve redress schemes, whereby a company that has been found to infringe the competition rules can enter into a voluntary (but binding) arrangement to compensate those who have suffered loss (in order to attempt to head off follow-on damages actions).

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Consumer Protection

"The biggest development on the horizon will see the Consumer Rights Bill pass through Parliament. The core consumer rights will be the right to get what you pay for, the right that goods and digital content are fit for purpose and services are provided with reasonable care and skill, and the right to have faults in what you buy put right free of charge or to be provided with a refund or replacement."

30 September 2014 EU Directive on processing of and

free Consumer Protection from Unfair

Trading Regulations 2008 (SI

2008/1277)

In April 2014, BIS launched a call for evidence on amending the Consumer Protection from Unfair Trading Regulations 2008 (SI 2008/1277) to give businesses a civil injunctive power in relation to copycat packaging.

The deadline for submissions in response to the call for evidence was 19 May 2014. BIS intends to produce an interim report, which will be discussed with stakeholders during the summer of 2014. It hopes to publish a final report in September 2014.

31 October 2014 Consumer Rights Bill

Subsequent to the Bill having its second reading in the House of Lords on 1 July 2014, the Committee Stage is scheduled to start on 13 October 2014.

31 October 2014 Consumer Protection (Amendment)

Regulations 2014 (SI 2014/870)

In March 2012, following a joint consultation in 2011 on unfair commercial practices and misrepresentation in consumer transactions, the Law Commission published a report proposing two reforms of misleading and aggressive practices:

• To give consumers a direct civil right against a business engaging in misleading or aggressive practices.

• To amend the Consumer Protection from Unfair Trading Regulations 2008 (SI 2008/1277) (CPUT Regulations) to make it clear that it covers misleading and aggressive demands for payment from a consumer.

In June 2013, when it published the draft Consumer Rights Bill, the government confirmed that it would take forward the Law Commission's proposals.

On 1 April 2014, the Consumer Protection (Amendment) Regulations 2014 were laid before Parliament. The Regulations amend the CPUT Regulations to introduce private rights of redress for consumers who have been victims of misleading or aggressive practices, including standard remedies and an entitlement to seek damages. Currently, breaches of the Consumer Protection from Unfair Trading Regulations 2008 are not directly enforceable by consumers. Under the new legislation, consumers will have additional rights to a refund, a discount and/or additional damages. These changes come into force on 1 October 2014.

In August 2014, BIS published guidance for businesses on these Regulations.

31 July 2015 Directive on alternative dispute

resolution for consumer disputes On 22 April 2013, the Council of the European Union announced that it had adopted a Directive on alternative dispute resolution (ADR) and a Regulation

Tom Harding Senior Associate, Consumer Protection T +44 117 917 3060 [email protected]

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on online dispute resolution (ODR). This followed the European Parliament's adoption of these texts in plenary session on 12 March 2013. The Directive and Regulation were published in the Official Journal on 18 June 2013, and came into force 20 days after publication.

Member states will have to bring into force the laws, regulations and administrative provisions necessary to comply with the Directive by 9 July 2015. The Regulation will apply to EU member states from 9 January 2016 (with the exception of certain provisions) and will be directly effective in the UK.

31 July 2015 Recommendation on common

principles for collective redress

In July 2013, the European Commission published its Recommendation establishing a series of common, non-binding principles in member states for collective redress mechanisms for breaches of EU law (including competition law) in the Official Journal. The Commission wants Member States to implement the recommendations by 26 July 2015 at the latest.

31 October 2015 Consumer Rights Bill

BIS currently envisages that the Consumer Rights Bill will be brought into force in October 2015, subject to the Parliamentary timetable.

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Data Protection, Cyber Security and Privacy

"It's an incredibly busy time for data lawyers. Much attention will focus on the new DP Regulation but there are lots of other developments on the horizon."

1 October 2014 Data Protection Regulations

Wholesale reform to Europe's data protection laws are the subject of on-going discussion and negotiation within the European Union's legislative bodies. Once finalised it is proposed that the reforms will be introduced in the form of a European Regulation, which will take direct effect across all EU Member States after a two year implementation period.

Progress of Regulation so far/projected progress:

• January 2012 – first draft Data Protection Regulation published by EC.

• May 2012 - European Parliament committees exchanged views on the draft revised Data Protection Regulation.

• July 2012 - The first European Parliament working document was produced by the Committee on Civil Liberties, Justice and Home Affairs (LIBE committee).

• October 2012 - The European Parliament led an inter-parliamentary hearing with national parliaments and MEPs.

• January 2013 - A draft report and mark-up of the proposed regulation was released.

• March 2013 – All other European Parliament advisory committees provided opinions on the report.

• Autumn 2013 - Informal negotiations between the Council of the European Union and the European Parliament.

• March 2014 - The EU Parliament on first reading the draft Regulation and the LIBE Committee's compromise text.

• May 2014 - The Council met to discuss the draft regulation and produced a report.

• Summer 2014 - The Council is currently working on the technical aspects of the text. Once the technical aspect has been prepared negotiation on the proposed text between the Council and the European Parliament will start.

• Early 2015 - scheduled date for agreement on the draft Regulation.

• 2017 - Revised Data Protection Framework is expected to come into force.

1 January 2015 EU Cybersecurity (Network and

Information Security) Directive

scheduled to come into force

On 7 February 2013, the European Commission published a draft cybersecurity directive to extend existing tough telecoms data security obligations to other communications providers and those who operate critical infrastructure. Once implemented, energy providers and network operators, credit card companies, cloud service providers, hospitals, logistics companies and many others will all be covered

James Mullock Partner, Data Protection, Cyber Security and Privacy T +44 117 917 3322 [email protected]

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by a range of data security obligations including notifying regulators and the public of data security breaches, and submission to far reaching audit powers. This is in addition to any existing obligations to notify that may be introduced in the meantime by the EC's new Data Protection Regulation or existing legislation (for example, that covering the telecoms and financial services sectors).

In March 2014 the European Parliament voted in support of new EU rules on network and information security.

The European Parliament proposed a number of amendments to the original text, including removing public administrators and enablers of information society services specifically from the Directive's scope and expanding the list of operators of critical infrastructure that are within its scope.

On 6 June 2014 the Transport, Telecommunications and Energy Council took note of the state of play of the proposal and noted that "all member states agree on the urgent need to improve cyber security and to take action in this regard at EU level. They share the view that the draft directive would be an essential part of the EU's overall cyber-security strategy." The presidency suggested that the directive should in the first instance focus on high-level strategic and policy cooperation, while at the same time giving further direction to the operational cooperation taking place in several bodies.

1 April 2015 Government to make large

amount of Public Sector

Information ("PSI") data public

The EU Directive on the re-use of PSI was adopted on 26 June 2013.

The Government aims to transpose the terms of the revised Directive into UK legislation during 2014/15 to provide an absolute right to most public sector data being made available for re-use, except in limited circumstances where privacy, legal or charging exceptions apply. The plan is to establish marginal cost pricing as the default position, and to provide data in a machine-readable format at mostly zero cost. Also, the aim is to reinforce oversight of the public sector and to provide a mandatory framework for PSI re-use. The Article 29 Working Party issued guidance to Member States on the implementation of the Directive on 27 June 2013.

The UK Government is currently consulting on proposals to transpose the amended directive on the reuse of public sector information. This consultation will close on 7 October 2014.

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Digital and Telecoms

“ISPs, mobile operators, manufacturers and platforms across Europe are dramatically overhauling their services in order to meet an explosion in consumer demand and to take advantage of innovative technologies. The rewards of success in the new world of quad play and convergence are compelling - so how can the companies overcome the regulatory hurdles without being slowed down?”

1 October 2014 New regulations for private

copying, and quotation and

parody exceptions to copyright

come into force.

The private copying exception permits the making of personal copies of copyright works for private use. In particular, the making of a copy of a work (other than a computer program) by an individual does not infringe copyright in the work provided that the copy is of the individual's own copy of the work, or a personal copy of the work made by the individual. The copy must be made for the individual's private use, and not for ends that are directly or indirectly commercial.

1 October 2014 Government Digital

Communications Infrastructure

Strategy

This consultation is collecting evidence and views to develop a new Digital Communications Infrastructure Strategy. This Strategy will look at what digital communications infrastructure is needed in the UK over the next 10-15 years to maintain the UK's position as a world-class digital nation. The Strategy will also consider what needs to be done by Government, industry and others to put this digital communications infrastructure in place. The deadline for replies is 1 October 2014.

1 October 2014 ICO Consultation on the draft

framework for privacy seals to

close

A privacy seal scheme acts as a ‘stamp of approval’ highlighting an organisation’s commitment to maintaining good privacy standards. The ICO will be endorsing at least one privacy seal scheme, operated by an independent third party in the UK. The ICO will invite proposals for a privacy seal scheme in the Autumn 2014, with a view to selecting a proposal in early 2015. The ICO is aiming to launch the first round of endorsed schemes in 2016.

The consultation provides an opportunity for organisations to provide their views on the framework criteria.

31 October 2014 Carriage fees for PSB channels

The government is to review whether the public service broadcasters should be allowed to charge BSkyB and Virgin Media to air their channels in pay-TV homes.

1 January 2015 Cybersecurity Directive

The European Commission is hopeful that this Directive will be adopted by the end of 2014. (see section in Data Protection, cyber security and privacy)

1 April 2015 Ofcom mobile call termination

market review 2015-18

Ofcom will report on 1 April 2015.

1 June 2015 Ofcom review into Silent and

Abandoned Calls

This review has been extended by 12 months to June 2015.

1 September 2015 The EU continues to monitor the

rules relating to in-app

The EU continues to monitor the rules relating to in-app purchasing and in particular whether any of the actions taken and assessments made have addressed in practice

John Davidson-Kelly Partner, Digital and Telecoms T +44 20 7105 7024 [email protected]

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purchasing

the concerns raised to date.

31 October 2015 Consumer Rights Bill - impact on

digital and telecoms regulation

The draft Consumer Rights Bill was published in June 2013. The Bill aims to reform a number of areas of UK consumer law such as the laws relating to the quality of goods, services and digital content, as well as unfair terms in consumer contracts. It also contains provisions to consolidate and modernise consumer law enforcement powers and to provide for enhanced consumer measures to attach to enforcement orders and undertakings. Importantly for businesses operating in the digital arena, it will confer statutory rights and remedies on digital content (e.g. relating to fitness for purpose and device damage). BIS currently envisages that the Consumer Rights Bill will be brought into force in October 2015, subject to the Parliamentary timetable.

1 July 2016 Cross-border electronic

signatures

The E-Signatures Directive (Directive 1999/93/EC) is repealed by new Regulation 910/2014 on electronic identification and trust services for electronic transactions in the Internal Market. The European Council believes that the failure to make greater use of electronic signatures within the framework of an independent certification system has hindered the creation of a fully integrated digital single market. It remains to be seen whether the new Regulation and related initiatives will result in greater use of electronic certification facilities. With some exceptions, the new regulation will apply from 1 July 2016.

1 December 2016 BBC Royal Charter

BBC’s Royal Charter is due for renewal.

1 December 2016 Data Retention and Investigatory

Powers Act ("DRIP")

DRIP was rushed through in July 2014 and contains a sunset clause of end 2016 so the Government will have to re-evaluate it then. The government also intends to review RIPA.

1 December 2016 Future use of 700MHz spectrum

frequency band, and its change in

use from digital terrestrial TV

(DTT) to mobile broadband

Ofcom is consulting on a proposal to use the 700 MHz spectrum band for mobile broadband. It believes that this would deliver significant net benefits to the UK, while recognising that there would be significant transition costs. However, Ofcom believes that it would be possible to reconfigure the DTT network in the spectrum between 470–694 MHz without materially affecting the current coverage or channel mix, or significantly disrupting viewers. In the event of a change of use, Ofcom would expect to award licences to the 700 MHz band through an auction process. If auctions were held shortly before the spectrum became available, this would imply an auction in around 2020. Ofcom is inviting comments on the potential timing of an award and the relative merits of holding it earlier, and possibly as early as 2016.

1 December 2016 Net neutrality

Watch this space: Rival positions have been taken in the USA. The FCC proposed a bill making it legal to charge for access to networks on commercially reasonable terms; whilst the proposed Online Competition and Consumer Choice Act bans paid prioritisation. In the UK ITSPA has proposed amendments to the CRB to enshrine in law that traders cannot block or hinder legal services while misleading consumers into believing that the services are available. To offer Internet access and to have a blocking policy (other than for legitimate traffic management reasons) would amount to misleading marketing and mis-selling.

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Dual Use Goods Export Regulation

"Against a volatile geo-political landscape, organisations face increasing export compliance risks. With this is in mind, it is more important than ever for companies to keep up to date with their export obligations and adopt corresponding internal policies and procedures to mitigate these risks."

1 October 2014 New intrusion software rules

New rules governing the use of "intrusion software" – broadly meaning software designed to be covertly installed on a computer or smartphone and which extracts data or otherwise compromises the device – are due to be implemented through amendments to Annex 1 of the EU Dual-Use Regulation.

1 January 2015 Review of the EU export control

framework

A Green Paper on dual-use export controls was published by the European Commission on 30 June 2011, which launched an on-going consultation on the future of the dual-use export control system.

Following the publication of a Staff Working Document in January 2013 and the adoption of a report to the European Parliament and Council on the implementation of the EU Dual-Use Regulation in October 2013, a Communication adopted by the European Commission in April 2014 marked the start of a new phase in the review process.

The Communication was aimed at mapping the direction for EU export controls and identifying concrete policy options for their modernisation and their adaptation to rapidly changing technological, economic and political circumstances.

The Council and the European Parliament are now considering the approach set out in the Communication and the European Commission is separately conducting an impact assessment of the review options outlined within the Communication. This is unlikely to continue through 2015.

1 July 2015 UK Strategic Export Controls

Annual Report 2014

The United Kingdom Strategic Export Controls Annual Report 2014 will be published by the government. It will describe Britain's export control policy and practice during the period January 2014 to December 2014.

The latest version of the report highlighted the increasing export compliance risks exporters face against a volatile geo-political landscape. For example:

• there was a 42% increase from the previous calendar year in the number of company audits scheduled by the Export Control Organisation in 2013; and

• there was a 61% increase from the previous financial year in the number of seizures by HMRC of goods in breach of licensing requirements in the 2013/2014 financial year.

1 June 2016 Union Customs Code

On 9 October 2013, the EU adopted the Union Customs Code ("UCC"). The UCC will come into force on 1 June 2016 and will replace the current Community Customs Code as the EU framework legislation in the area of customs, which the 28 EU Member States must apply.

Emily Jones Partner, Dual Use Goods Export Regulation T +44 117 917 3652 [email protected]

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The UCC includes measures to complete the transition to a paperless customs environment. It is expected that transitional periods will be required to allow for the availability of the necessary electronic systems and processes. Such transitional period and measures should not go beyond 31 December 2020. The European Commission is expected to adopt a work programme to support the full implementation of the UCC related to the development and deployment of the necessary electronic systems within six months of the entry into force of the UCC.

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Employment and Contingent Workforce

"Users and suppliers of agency and contract workers in the UK will be affected by major changes in 2014-5. There are current and prospective attacks on false self-employment and (as promised by Ed Miliband at the Labour party conference, and suggested to the current Government by the Office of Tax Simplification) umbrella worker tax schemes. Alongside this the UK Government is reviewing the way recruiters are regulated, with new laws due in April 2015."

1 October 2014 Right for partners to attend ante-

natal appointments

The partner of a pregnant woman (or father of an unborn child) will have the right to time off to attend up to two ante-natal appointments. He/she will be protected from detriment and dismissal as a result of exercising this right. Agency workers will have this right provided they have fulfilled the 12 week qualification period.

1 October 2014 Rise in the National Minimum

Wage ("NMW") rates

The new rates are £6.50 for workers aged 21 and over, £5.31 for workers aged 18 to 20 yrs, £3.79 for 16 to 17 year olds and £2.73 for apprentices under 19 (or 19 and over who are in their first year of apprenticeship).

1 October 2014 Introduction of Equal Pay Audits

An Employment Tribunal ("ET") will be able to order an equal pay audit where an employer is found guilty of gender discrimination in relation to a contractual or non-contractual pay matter. An ET will be able to impose a penalty of up to £5,000 for non-compliance with any such order.

4 November 2014 Zero hours

Exclusivity clauses in zero hour contracts are due to be banned following the assent of the Small Business, Enterprise and Employment Act later this year. The government consultation on ways for employers to circumvent the ban, closes on 4th November, 2014 with the views to be published shortly afterwards. The Bill is expected to have its second reading debate on 21 November 2014.

6 November 2014 Small Business, Enterprise and

Employment Bill 2014

A Bill to help make the UK the most attractive place to start, finance and grow a business. Public Bill Committee is expected to report to the House by 6 November 2014

1 December 2014 New Health and Work Scheme

introduced

A new health and work assessment and advisory service will start being rolled out with a view to it being fully up and running by May 2015. The scheme will offer free occupational health assistance after four weeks of sickness absence as well as more general health and work advice to help people stay in or return to work.

1 December 2014 Shared parental leave rules in

force but note they only apply to

parents of children whose

expected week of childbirth is

Under the new rules eligible parents will be able to choose how they share the care of their child during the first year after birth (following the mother's two week compulsory maternity leave) or first year of adoption. Maternity leave will still be available to a mother who does not wish to take advantage of these provisions.

Julian Hemming Partner, Employment T +44 117 917 3582 [email protected]

Kevin Barrow Partner, Contingent Workforce T +44 20 7105 7030

[email protected]

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on or after 5 April 2015 or who

are matched for adoption on or

after that date

However, additional paternity leave will be abolished.

1 January 2015 Proposed rules on bonus

clawback are due to come into

force

These rules will come into force via amendments to the Remuneration Code.

23 January 2015 Working time directive

A Bill to limit the application of the EU Working Time Directive; and for connected purposes. This Bill is expected to have its second reading debate on 23 January 2015.

5 April 2015 New shared parental leave rules

become operative

Please see our entry for 1 December 2014.

You will still need to keep any additional paternity leave policy in place for those babies born or children placed for adoption before 5 April 2015.

5 April 2015 New rules on adoption leave

come into force

As well as partners of adopters being able to take advantage of shared parental leave, other changes relating to adoption arrangements include:

- Statutory adopton pay ("SAP") will be brought in line with statutory maternity pay - the first 6 weeks of SAP will be paid at 90% of the employee's annual earnings rather than at the flat rate.

-Statutory adoption leave becomes a day 1 right, the 26 week service requirement is removed.

- New rights for the primary adopted to take paid time off for up to 5 adoption appointments and for the secondary adopter to take unpaid time off for up to 2 adoption appointments. Employees (and agency workers who qualify for this right) will be protected against suffering a detriment or dismissal in respect of exercising this right.

There are also new rules on surrogacy. Parents who have a child through a surrogacy arrangement will be entitled to take ordinary paternity leave, adoption leave and shared parental leave (and receive statutory pay) subject to meeting the eligibility criteria.

1 July 2015 The Conduct of Employment

Agencies and Employment

Businesses Regulations 2003

"Conduct regulations"

Commencement on the consultation will be in late 2014, with outcome due at some point in 2015.

1 September 2015 New tax-free childcare scheme

to be introduced

Under this scheme working families will be able to claim 20% of childcare costs for children under 12 up to a maximum of £2,000 (although if one member of the family is an additional rate taxpayer the family will not be eligible to participate). The scheme is due to be phased in first becoming available to children under five in Autumn 2015.

An employer will not be required to participate in this new scheme and no salary sacrifice (with the associated national insurance contribution benefits for employers) will be involved.

Employer child care voucher schemes will be phased out.

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Environment and Renewables

“The application of the Energy Savings Opportunity Scheme to most large companies will be an important legal development, due to its cross-sector application. Mandating companies to undertake energy audits is a new legal concept, but will it be enough to really drive energy efficiency improvements in our commercial buildings? For the renewables sector, the gradual phasing out of the Renewables Obligation and the introduction of Contracts for Difference and their associated auctions will be a watershed moment as the UK presses ahead with its Electricity Market Reform agenda.”

1 January 2015 Electricity Market Reform –

Electricity Demand Reduction

("EDR")

First auction of financial incentives in the EDR pilot scheme, at some point in January 2015.

1 January 2015 Greenhouse Gas Emissions

Date from which the F-gas Regulation 2014, designed to cut fluorinated gas emissions by two-thirds by 2030, applies.

1 January 2015 Waste Collection

From 1 January 2015, an establishment or undertaking that collects waste paper, metal, plastic or glass must do so by way of separate collection, provided this is:

- necessary to ensure that the waste is recovered in accordance with relevant provisions of the Waste Framework Directive 2008; and

- technically, environmentally and economically practicable.

Also from 1 January 2015, any establishment or undertaking that collects, transports or receives waste paper, metal, plastic or glass must take all reasonable measures to ensure that, where that waste has been separately collected, it is not mixed with other waste or other material with different properties.

1 January 2015 CRC Energy Efficiency Scheme

Prices for allowances under the CRC Scheme will begin to increase in line with the RPI from the beginning of 2015.

1 March 2015 Renewable Heat Incentive

(“RHI”)

DECC will implement the changes to biomass sustainability criteria and reporting provisions within the RHI and introduce mandatory measures in respect of these changes.

31 March 2015 Energy Companies Obligation

("ECO")

Current ECO obligation period ends.

31 March 2015 Electricy Market Reform –

Contracts for Difference

("CFDs")

First allocation round ends and first CFD contracts come into effect, assuming there are no appeals.

31 March 2015 Renewable Heat Incentive

Date of termination of the degression mechanism.

31 March 2015 Electricity Market Reform -


From April 2015, CFD payments are intended to start and CFD strike prices will be indexed for inflation.

Matthew Germain Associate Director, Environment, Waste and Renewables T +44 117 917 3662 [email protected]

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("CFDs")

1 April 2015 Renewable Heat Incentive

(“RHI”)

DECC intends to implement land-use sustainability criteria under the RHI in April 2015.

1 April 2015 Landfill Tax

The lower rate of landfill tax to increase to £2.60 per tonne. The standard rate of landfill tax will increase to £82.60 per tonne. The standard rate will then increase in line with RPI, rounded to the nearest five pence, from 1 April 2015.

The government has also indicated that it will introduce a loss on ignition testing regime on fines (residual waste from waste processing) from waste transfer stations by this date.

1 April 2015 Green Deal

The UK government is planning to introduce regulations preventing landlords from renting any properties that do not meet a minimum Energy Performance Certificate threshold if they fail to make energy efficient improvements to the property. This is likely to be in April 2015.

1 April 2015 Renewables Obligation ("RO")

Consolidated RO Order due to come into force. This is also the proposed date for closing the RO to new solar photovoltaic installations above 5 megawatts (MW) and for the introduction of mandatory sustainability provisions which must be met for biomass stations of 1 MW or more to claim support under the RO.

1 April 2015 Electricity Market Reform -


From this date the compulsory levy on electricity suppliers, known as the Supplier Obligation, must be paid by all licensed electricity suppliers in Great Britain.

1 April 2015 Climate Change Levy ("CCL")

From 1 April 2015 CCL rates will increase in line with the RPI.

1 April 2015 Climate Change Levy - Carbon

Price Floor ("CPF")

Fuels used to generate good quality electricity by combined heat and power (CHP) plants for on-site purposes will be exempt from the CPF.

15 April 2015 Renewable Transport Fuel

Obligation ("RTFO")

Proposed date for implementation of changes to RTFO.

1 June 2015 Classification, Labelling and

Packaging Regulation (“CLPR”)

The CLPR fully comes into force and introduces detailed and revised classification and labelling requirements, with direct effect, in EU member states.

1 July 2015 Batteries Directive

Proposed date for the implementation of the minimum requirements of the Batteries Directive 2013, amending the Batteries Directive 2006.

1 July 2015 Monitoring of shipping

emissions within the EU

The European Commission has issued draft regulations to monitor, report and verify emissions of carbon dioxide from EU maritime transport.

7 July 2015 Industrial Emissions

Some industrial and waste activities become subject to more onerous environmental permitting requirements as a result of the Industrial Emissions Directive 2010.

31 July 2015 CRC Energy Efficiency Scheme

Submission date for the first Annual Report for the initial phase of the CRC. The annual report publication for the initial phase will then be published at the end of 2015.

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1 September 2015 Contracts for Difference

Exemption from the Supplier Obligation and the operational cost levy for energy intensive industries to be introduced in Great Britain in autumn 2015, subject to state aid approval.

1 October 2015 Carrier bag charge

5p charge on all single-use plastic carrier bags due to be introduced in England in October 2015.

5 December 2015 Energy Savings Opportunity

Scheme ("ESOS")

Date by which undertakings to which ESOS applies must have notified the Environment Agency that they have complied with the first compliance period of the scheme.

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Financial Services

"The most significant event on the financial services timeline is the impending implementation of the second incarnation of the Markets in Financial Instruments Directive (MiFID). MiFID was primarily concerned with delivering harmonised European rules in the name of investor protection in the securities and derivatives markets. The main thrust behind MiFID II is to remove “dark pools” of market liquidity by forcing increased publication of trading data."

2 September 2014 Deadline for submitting

evidence in connection with the

independent review of the

Money Advice Service (MAS)

HM Treasury published the call for evidence in connection with the independent review of the MAS. There is particular interest to hear from organisations that are active in the wider financial guidance, advice and education market, and from the financial services industry.

15 September 2014 Deadline for comments on

JMLSG revised drafts of its anti-

money laundering (AML) and

counter-terrorist financing (CFT)

guidance

JMLSG published, for consultation, revised draft of Part I and II of its AML and CFT guidance, along with a webpage containing an explanation on the proposed amendments.

30 September 2014 Deadline for submitting

evidence in relation to the

inquiry into the EU financial

regulatory framework

The House of Lords EU Sub-Committee on Economic and Financial Affairs had published a webpage announcing the launch of an inquiry into the EU financial regulatory framework to assess whether it is sufficiently robust to prevent future financial crisis. Deadline for submitting evidence is 30 September 2014. Committee aims to report and make recommendations in January 2015.

1 October 2014 Consumer Protection

(Amendment) Regulations 2014

expected to come into force and

apply to contracts entered into,

or payments made, on or after

this date

The Regulations were published introducing private rights of redress for consumers who have been victims of misleading or aggressive practices, including standard remedies and an entitlement to damages. The Regulations also make minor amendments to the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

1 October 2014 UK Corporate Governance Code

implemented

The revised edition of the UK Corporate Governance Code will apply to financial years beginning on or after 1 October 2014.

1 October 2014 Expected date for the

implementation of the proposed

Markets in Financial Instruments

Directive (“MiFID II”), Markets in

Financial Instruments

Regulations and Market Abuse

Directive proposals

The MiFID II proposals (consisting of the MiFID II Directive and MiFIR) intend to amend the Markets in Financial Instruments Directive (2004/39/EC) and increase market transparency and levels of investor protection.

David Blair Partner, Head of Financial Regulation T +44 20 7105 7056 [email protected]

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10 October 2014 Deadline for submitting

responses on the guidance

consultation regarding retail

investment advice

The guidance consultation is aimed at clarifying the boundaries between different types of retail investment advice. The FCA is seeking views on the boundary between sales models that provide personal recommendations on retail investments and those that do not.

15 October 2014 Deadline for comments on the

European Securities and Market

Authority’s (ESMA) new market

abuse regime

ESMA published two consultation papers on draft technical advice on possible delegated acts concerning the Market Abuse Regulation and on draft regulations implementing technical standards.

31 October 2014 Deadline for responses to the

consultation paper on the UK

transposition of the Mortgage

Credit Directive (2014/17/EU)

(MCD)

Most of the provisions are concerned with setting the minimum regulatory requirements that members states are required to meet to protect consumers taking out credit agreements relating to residential property. The UK has until 21 March 2016 to implement the MCD.

31 October 2014 European Commission to

publish report on transposition

on the second Electronic Money

Directive (“2EMD")

The report will assess the implementation and impact of 2EMD and how successful each Member State has been in its implementation.

Most of the provisions are concerned with setting the minimum regulatory requirements that members states are required to meet to protect consumers taking out credit agreements relating to residential property. The UK has until 21 March 2016 to implement the MCD.

21 December 2014 Deadline for Member States to

transpose the CRA III Directive

The Directive strengthens EU legislation on credit rating agencies and also amends the Alternative Investment Funds Managers Directive and UCITS IV Directive.

1 January 2015 Expected date for the Financial

Services and Markets Act 2000

(Ring-fenced Bodies and Core

Activities) Order 2014 to come

into force

The Order defines the circumstances when accepting a deposit is not a core activity under section 142B of the Financial Services and Markets Act 2000 (FMSA), as amended by the Financial Services (Banking Reform) Act 2013, so that the deposits in question may be held by banks that are not ring-fenced bodies. It also exempts certain banks from the definition of ring-fenced body under section 142A of FSMA.

1 January 2015 Deadline for full FCA regime for

consumer credit regulation to

come into effect

The FCA consumer credit regime will replace the interim permissions regime which began on 1 April 2014 when the responsibility for consumer credit regulation was transferred from the OFT to the FCA.

22 July 2015 Decision on availability of the

EU passport for non-EU funds

and fund managers under the

Alternative Investment Fund

Managers Directive

The decision is a result of ESMA's review of the National Private Placement Regimes under the Directive. The decision will determine whether ESMA can widen the application of passport to market funds to non-EU fund and fund managers.

1 January 2016 Expected date for the final rules

on the capital buffer

requirements of the CRD IV

Directive (2013/36/EU) to come

On 30 April 2014, the PRA published a policy statement setting out final rules on the capital buffer requirements, together with an accompanying supervisory statement. The policy statement addresses the uncertainty raised relating to the CRD IV capital buffers framework.

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into force

1 April 2016 Expected deadline to apply for

FCA’s interim permission for

consumer credit and peer-to-

peer financing (crowdfunding)

By 1 April 2016, the regime to apply for FCA’s interim permission for consumer credit and peer-to-peer financing will come to an end.

1 July 2016 Expected month for the Market

Abuse Regulation (Regulation

596/2014) (MAR) to come into

force

On 12 June 2014, the texts of MAR were published in the OJ, and will enter into force in July 2016, except for certain provisions specified in Article 39, which came into effect on 2 July 2014.

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Gambling

“The changes going through now (subject to the outcome of the GBGA’s Judicial Review) are the biggest since the Gambling Act 2005.”

1 October 2014 Senet Group self-regulatory

restrictions

From 1 October 2014, William Hill, Ladbrokes, Coral and Paddy Power are committing to a voluntary ban on advertising sign-up offers (free bets and free money) on TV before 9pm, the withdrawal of all advertising of gaming machines from betting shop windows; and dedicating 20% of shop window advertising to responsible gambling messages. From 1 January 2015, further measures will apply, with all TV advertising carrying more prominent responsible gambling messages.

1 November 2014 New UK licensing regime Under the Gambling (Licensing and Advertising) Act 2014, gambling operators based in the EEA and “white-listed” territories will no longer be able to advertise or provide gambling services lawfully to persons in Great Britain unless they have a licence from the Gambling Commission here in Great Britain. Transitional provisions apply for operators who applied by 16 September 2014 but whose applications have not yet been determined.

1 December 2014 New UK "place of consumption"

tax regime for remote gambling

The Finance Act 2014 introduced reforms to gambling taxes in the UK such that remote gambling will from 1 December 2014 be taxed on a “place of consumption” basis. Online gambling operators will pay tax on the gross gambling profits generated from UK customers, no matter where in the world the operator itself is located. Premises based gambling will be unaffected.

31 May 2015 Northern Ireland lotteries law

reform

Northern Ireland's gambling law regime is due to be updated, with draft legislation expected to be put forward to Northern Ireland's Assembly prior to the next elections in May 2015. The changes will align gambling regulation in Northern Ireland (largely governed by the Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985) more closely with that in the rest of the UK, where the Gambling Act 2005 applies. Marketers are likely to welcome the proposed changes to the laws surrounding prize draws, which are expected to include the removal of the requirement for a free entry route where entry to a prize draw requires the purchase of a product at its normal price.

Nick Johnson Partner, Gambling Regulation T +44 20 7105 7080 [email protected]

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Gas and Electricity

“The Energy Act continues to drive a huge amount of regulatory change in the GB energy industry with measures aimed at balancing security of future energy supply, upgrading infrastructure and protecting consumers, while supporting the decarbonisation of the GB economy.”

26 September 2014 Price Controls

Ofgem's consultation for the 10 companies remaining RIIO-ED1 price control review process is due to close on 26 September 2014.

Ofgem published its decision to settle Western Power Distribution's price control early in February 2014. The publication of Ofgem's final determinations is expected in November 2014.

The RIIO-ED1 price control sets out the outputs that the 14 electricity distribution network operators need to deliver for their consumers and the associated revenues they are allowed to collect for the eight-year period from 1 April 2015 until 31 March 2023

29 September 2014 Contracts for Difference

DECC is expected to publish the first Contracts for Difference budget notice, further to the draft budget which was published in July 2014.

3 October 2014 Capacity Market

National Grid is expected to announce the prequalification results for the T-4 auction on 3 October 2014.

The prequalification for the T-4 auction opened on 4 August 2014 and applicants are required to submit their applications to the National Grid (acting as the "Delivery Body") by 5 September 2014.

14 October 2014 Contracts for Difference

The first allocation round for Contracts for Difference is to commence. The eligibility of applicants will be assessed and the value of eligible bids will be determined.

6 November 2014 Retail Market Review

Ofgem's consultation on its proposals to develop the regulatory framework for "white labels" closes on 6 November 2014.

In the retail energy market, a "white label" is an organisation that does not hold a supply licence, but instead works in partnership with a licensed "partner supplier" to offer tariffs under the white label brand.

28 November 2014 Network Innovation Competition

The Ofgem decision as to which projects will receive funding under the LCNF and the T1 and GD1 Network Innovation Competitions is expected on 28 November 2014.

The Low Carbon Networks Fund was established as part of the DPCR5 electricity distribution price control arrangements to allow up to £500m of funding to support projects sponsored by the distribution network operators. LCNF is replaced by an annual Network Innovation Competition from April 2015.

The RIIO-T1 and RIIO-GD1 price controls has already introduced two annual Network Innovation Competitions: one for electricity transmission companies and

David Ferris Partner, Head of Energy and Utilities T +44 117 917 4130 [email protected]

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one for gas network companies.

1 December 2014 Electricity Market Reform

The first annual update for the Electricity Market Reform Delivery Plan in due for publication in Q4 of 2014 by DECC.

DECC has confirmed its intention to publish a Delivery Plan every 5 years as supplemented by annual updates. Unlike the Delivery Plan, each Annual Update will not be consulted on ahead of publication.

16 December 2014 Capacity Market

The first T-4 capacity auction is anticipated to commence on 16 December 2014 for delivery of capacity from 1 October 2018 –to 30 September 2019.

30 December 2014 Contracts for Difference

The first Contracts for Difference contracts are expected to be offered to developers.

1 April 2015 Price Controls

In April 2013, the eight year price control periods of RIIO-GD1, which sets out the outputs that the eight gas distribution networks need to deliver for their consumers and the associated revenues they are allowed to collect, and RIIO-T1 which relates to the network transmission companies commenced.

The eight year RIIO-ED1 price control period for electricity distribution network operators is due to commence on 1 April 2015.

31 March 2017 Renewables Obligation

Further to the Renewables Obligation Closure Order 2014, no further ROCs for the generation of electricity by new generating capacity may be issued after 31 March 2017.

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Health and Safety

“As the Health and Safety Executive put more and more emphasis on "health" and not just on "safety" of employees in the work place, businesses are being encouraged to look at proactive leadership on health and safety not as something they have to do but something that will actually save them time and money if done properly. Going forward, I predict campaigns focused on management of occupational health risks in the workplace (including stress and obesity).”

1 September 2014 HSE passes the role of

investigator within care homes

to CQC

The revised guidance on the regulation of care homes published by the HSE is particulary relevant in light of the Francis report on the Mid Staffordshire NHS Foundation Trust inquiry. Under HSG220, 'Health and Safety in Care Homes', the HSE proposes to no longer proactively inspect the sector, despite the DWP in 2011 declaring it to be 'comparatively high risk'. The Care Quality Commission is anticipated to become the lead investigator of incidents where residents have been harmed because of unsafe or poor quality care.

1 September 2014 Distinction between boundaries

of HSE and CQC no longer so

clear?

The HSG220 report by HSE contains a significant framework of guidance addressing duties to non-employees under s.3(1) of the HSW Act. Given that the CQC is traditionally the enforcer of essential quality and safety standards, the report's advice on how care home staff should deal with 'challenging behaviour' and manual handling could arguably be said to be blurring the line drawn between the work of the HSE and the CQC.

1 September 2014 Fee for Intervention (FfI) in the

spotlight

The current FfI scheme allows the HSE to charge back for costs it has incurred in inspections where it has found a material health and safety breach. Rates are charged at £124 an hour. Following the 'clear evidence' that FfI was 'having a negative impact on previously constructive relationships between HSE inspectors and those they inspect', as published in the triennial review of HSE, a report by the Ffi review panel was submitted to the HSE board on 2 July for consideration. The report is due to be made public after consideration by DWP minister Mike Penning.

4 September 2014 Environment Secretary Elizabeth

Truss announces Elliott report

on food integrity and assurance

of food supply network has been

accepted in full

Commissioned following the horsemeat scandal in 2013, the Elliott report includes recommendations on the establishment of a Food Crime Unit to fight the trade in fraudulent foods. Interpol have identified that the proceeds of crime are now being linked to fraudulent foods in the same way that they used to originate from drug trafficking and armed robbery.

As well as the issues raised by the UK horsemeat scandal, the Elliott report has wider-reaching relevance in light of the global food crime climate i.e. the melamine in baby milk in China in 2008.

The unit will be incorporated into the Food Standards Agency as a specialist team.

1 October 2014 Revised version of ‘Safety at

Street Works and Road Works –

A code of Practice’ is

It sets out the statutory requirements for signing, lighting and guarding at street works and road works.

Key updates include new guidance on traffic control measures related to road

Mary Lawrence Associate Director, Health and Safety T +44 117 917 3512 [email protected]

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implemented.

closures, one-way working and temporary road obstructions and updated advice on high visibility clothing and the signing and conspicuity requirements for work vehicles.

1 October 2014 New health and safety

regulations

Three sets of new Regulations come into force today consolidating the legislation on explosives, genetically modified organisms and petroleum safety

20 October 2014 The Criminal Justice & Courts

Bill

Section 49 introduces the concept of “fundamental dishonesty” in personal injury claims. If the Court finds the claimant has been fundamentally dishonest, it must dismiss the entire claim including elements where no dishonesty has been proved. Bill at report stage in the House of Lords and due for examination 24 October 2014.

28 October 2014 Implementation of requirement

for Aeroplane and Helicopter

Operators to have in place a

written SMS in place

Safety Management Systems or "SMS" are not a new concept in the world of health and safety or aviation but the legal requirement to have in place a written SMS does not come into force for helicopter or aeroplane operators until today. Most organisations will have been liaising with the Civil Aviation Authority about the adequacy of their SMS for some time but going forward there is likely to be greater scrutiny about these systems.

13 December 2014 The EU Food Information for

Consumer Regulation comes

into force

The legislation provides new structure for the labelling of pre-packed food, the provision of information on non-pre-packed foods and to non-pre-packed foods supplied by caterers.

The primary mechanism for enforcement will be Improvement Notices rather than prosecutions, the motivation for complying with the former to include the risk of commission of an offence by failure to comply with an Improvement Notice. There will be an appeal process available if an Improvement Notice is contested.

This seems to impact on companies who are regularly in contact with the Food Standards Agency, the Department of Health, DEFRA and Trading Standards.

1 March 2015 CPR 36 A revised version of CPR 36 is due in force around this date.

5 April 2015 Proposed amends to the CDM

Regulations

This legislation is to replace the CDM Regulations of 2007. The new Regulations propose to replace the role of CDM coordinator with a "Principal Designer" role within the project team and also place responsibilities on construction in a domestic context (in line with European legislation). The practical ramifications are still being discussed and the HSE are due to publish a guidance note ahead of the new legislation being brought into force. We will be updating our clients on the ramifications of the new legislation over the next 6 months.

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Life Sciences and Healthcare

"The tightening up of controls for Medical Devices is an expected reaction to the implant scandal of the last few years. Similarly, the adoption of an inspection and ratings regime for the UK independent healthcare care is in response to the growing role such organisations play in the healthcare system. Finally, with the General Election on the horizon, one thing is clear – health and social care, especially the NHS, will play a key part of all party manifestos."

1 September 2014 Pharmacovigilence

The European Medicines Agency has updated its procedural guidance to include information relating to the submission of periodic safety update reports (PSURs) for nationally authorised medicines subject to EU single assessment. Marketing authorisation holders with medicines subject to a PSUR single assessment involving nationally authorised medicines have to submit their PSURs to all Member States where their medicine is authorised and to the EMA.

3 September 2014 NHS Terms and Conditions

The Department of Health has issued further updated versions of its template contracts for the purchase of goods and supply of services. These replace the August 2013 versions.

1 October 2014 Changes to s60 of the Patents

Act 1977

The Legislative Reform (Patents) Order 2014 comes into force on 1 October 2014 and makes changes to s60(5)(b) of the Patents Act relating to the exception on experimental use. The changes will mainly affect companies and individuals involved in clinical trial work, or carrying out work to provide information for health technology assessments of medicines.

1 October 2014 Independent Healthcare

regulations

New regulations are expected to take effect (subject to Parliamentary approval) in relation to independent healthcare providers. This will involve an inspection regime to be undertaken by CQC with the aim of giving all providers a formal and publicly available rating.

2 October 2014 Publication of and access to

clinical-trial data

Policy on the publication of clinical trial data to be adopted.

1 November 2014 Proposed Medical Devices

Regulations

A new Regulation on Medical Devices is expected to be adopted, extending the existing regime to include, for example, implants for aesthetic purposes, and clarifying the rules as regards genetic tests. The supervision of independent assessment bodies by national authorities is to be strengthened, and the assessment bodies will get new powers to carry out unannounced factory inspections. The requirements for clinical evidence to support assessments of medical devices are to be increased, while non-confidential data on the Eudamed database will be made publicly available. Once adopted the Regulations will come into effect over the next couple of years. The European Medical Device Regulation is expected to be adopted in Autumn 2014.

1 January 2015 Names for human medicines

Updated guideline on acceptability of names for human medicines is due to come into effect.

Simon Hancock Associate Director, Life Sciences and Healthcare T +44 117 917 4106 [email protected]

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1 April 2015 Independent Healthcare regime

Anticipated date for roll-out of new regulatory regime for independent healthcare providers (to be implemented by CQC).

1 July 2015 Independent Healthcare ratings

published

Anticipated date for roll-out of CQC evaluated ratings for independent healthcare providers (following implementation of new regulatory regime).

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Product Liability

“A big focus for the next twelve months will see the Government trying to bring the current road regulations into line with what is required for testing driverless car technology on UK roads (pegged for January 2015) – but can they do it in time? We’re increasingly seeing in product liability law that technology is moving much faster than the laws which regulate it.”

1 October 2014 Deadline for competition to

decide which cities host

driverless car trials

The Government has launched a competition to decide which UK cities will host a driverless cars trial. The competition is worth £10 million and up to 3 cities will be selected to host the trials over a period of between 18 and 36 months. The deadline for entries is 1 October 2014, with the trials set to launch in January 2015.

31 December 2014 Review of regulations to permit

testing of driverless cars

The Government proposes to publish the results of its review of current road regulations to allow for testing of driverless vehicles, ahead of the driverless cars test trials proposed for January 2015.

The review will look at several areas, including the need for vehicles to comply with construction and safety regulations, traffic laws and relevant aspects of the Highway Code. The review will also look at licensing, liability and insurance and driverless regulations being put in place in other countries.

1 January 2015 Driverless car trials should start

this month

The Government has announced that it hopes to launch trials for driverless cars in up to 3 UK cities, with the trial starting in January 2014 and set to last for between 18 and 36 months.

The regulatory framework for testing should have been set by the end of 2014

1 January 2015 Strengthening market

surveillance for safer products

and growth - package still

making its way, slowly, through

European Parliament and

Council

Strengthening market surveillance for safer products and growth: Following the European Commission's proposal for new rules to improve the safety of consumer products circulating in Europe and to step-up market surveillance concerning all non-food products, unless exempted, the European Commission proposed a new package of legislative and non-legislative measures. The aim was that this would contribute both to strengthening consumer protection and to creating a level playing field for businesses.

However, the package is currently held up in the European Parliament and Council. Whilst generally being received

positively it is progressing more slowly than originally anticipated and there is a sticking point around origin marking for all consumer products.

The new legislation was expected to be come into effect in early 2015. However, current indications suggest that we may not see this until mid 2015 at the earliest.

The three most important parts of the package are:

1. a new Regulation on Consumer Product Safety (“CPSR”);

2. a new Regulation on Market Surveillance for Products – unifying and simplifying existing fragmented legislation (“MSPR”); and

Claire Temple Senior Associate, Product Liability Regulation T +44 117 917 4248 [email protected]

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3. a multi-annual plan for market surveillance of 20 individual actions that the Commission will undertake over the

next three years.

The proposed CPSR introduces some general obligations that will new for most manufacturers including:

• the obligation to have a technical file;

• the obligation to take action where there is reason to believe that a product is unsafe or otherwise not in conformity with the CPSR;

• origin marking for all consumer products, which, of course, raises issues on how to determine the origin of a product that may contain parts from several countries.

There are also new obligations for distributors including that they must check the manufacturer and importer's labelling work, ensure that necessary corrective actions are taken if a product is unsafe or not in conformity with the CPSR and to order recalls as necessary.

The proposed MSPR looks to:

• increase the powers of market authorities to take action, to allow them to take action in relation to both consumer

and non-consumer products and also to take action in relation to unsafe products and also products that do not

necessarily pose a risk but simply are non-compliant with the CPSR.

• increase use of RAPEX to not only deal with consumer products that pose a serious risk but also to report

corrective actions and measures taken by authorities.

13 June 2016 The new Radio Directive

(replacing R&TTE Directive)

comes into force

The European Commission has updated and streamlined the existing legislation on radio and telecommunications equipment (the R&TTE Directive) with the new Radio Directive, which comes into force on 13 June 2016. The new directive is relevant to all products using the radio frequency spectrum, e.g. mobile communications equipment such as cellular telephones, car door openers, maritime radars, etc.

The key changes are:

• A clearer requirement that radio receivers achieve a minimum level of performance so as to contribute to an efficient use of radio spectrum.

• Clear obligations for manufacturers, importers and distributors. The new directive is aligned with the New Legislative Framework for products (IP/14/111), which makes the overall regulatory framework for products more consistent and easier to apply.

• Improved instruments for market surveillance, in particular the traceability obligations of manufacturers, importers and distributors and the possibility to require prior registration of radio equipment within categories affected by low levels of compliance.

• Deletion of unnecessary administrative obligations, such as the prior notification of radio equipment using non-harmonised frequency bands.

• A requirement ensure that software can only be used with radio equipment after the compliance of that particular combination of software and the radio equipment has been demonstrated.

• A requirement that the Commission will have the possibility to require that mobile

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phones and other portable devices are compatible with a common charger.

There has been a 2 year transition period leading up to this point allowing manufacturers time to comply.

14 June 2016 Transition to new Radio

Directive (replacing R&TTE

Directive)

The European Commission has updated and streamlined the existing legislation on radio and telecommunications equipment (the R&TTE Directive) with the new Radio Directive, which comes into force on 13 June 2016. The new directive is relevant to all products using the radio frequency spectrum, e.g. mobile communications equipment such as cellular telephones, car door openers, maritime radars, etc.

The key changes are:

• A clearer requirement that radio receivers achieve a minimum level of performance so as to contribute to an efficient use of radio spectrum.

• Clear obligations for manufacturers, importers and distributors. The new directive is aligned with the New Legislative Framework for products (IP/14/111), which makes the overall regulatory framework for products more consistent and easier to apply.

• Improved instruments for market surveillance, in particular the traceability obligations of manufacturers, importers and distributors and the possibility to require prior registration of radio equipment within categories affected by low levels of compliance.

• Deletion of unnecessary administrative obligations, such as the prior notification of radio equipment using non-harmonised frequency bands.

• A requirement ensure that software can only be used with radio equipment after the compliance of that particular combination of software and the radio equipment has been demonstrated.

• A requirement that the Commission will have the possibility to require that mobile phones and other portable devices are compatible with a common charger.

There will now be a 2 year transition period allowing manufacturers time to comply.

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Rail

“The significant levels of activity we are seeing in the rail sector are against a backdrop of regulatory uncertainty – as the ORR’s role following the reclassification of Network Rail, as to the impact of the upcoming General Election and as to the pace and nature of rail liberalisation across Europe.”

1 September 2014 Network Rail Reclassification

Following an accounting changes, Network Rail has been reclassified as a public body, adding £30bn to the national debt. The change might have broader implications for spending on enhancements across the new control period, as well as leading to greater government involvement in its day to day running.

1 October 2014 Passenger rail franchising

DfT expected to publish the OJEU notice for the Great Western passenger rail franchise.

31 October 2014 Rail ticket retailing consultation

Closing date for responses to the Office of Rail Regulation consultation on retailing of rail tickets. This is a review of how regulation and industry practices and arrangements for ticket selling are facilitating choice and promoting investment and innovation in the best interests of passengers

1 December 2014 Passenger rail franchising

DfT is expected to issue the Invitations to Tender for the Northern and TransPennine Express passenger rail franchises.

1 December 2014 Implementation of recast first

railway package

DfT is expected to publish its consultation on the implementation of the recast first railway package Directive (2012/34/EU): This might consist of an amended version of the "Access and Management" Regulations 2005 or a new legislative instrument entirely. The consultation is expected to last 12 weeks.

31 December 2014 EU 4th Railway Package

The Council is planning to move forward with the “market pillar” of the 4th Railway Package before the end of 2014. This will include proposals to liberalise domestic passenger rail markets across the EU (in line with the liberalisation in previous years of freight and cross-border passenger markets). It is presently the most fraught aspect of the 4th Railway Package. But alongside greater harmonisation of standards across the EU rail network, delivering the market pillar is critical to the Commission’s aim of creating a Single European Railway Area.

1 March 2015 Passenger rail franchising

DfT is expected to issue the Invitation to Tender for the Great Western passenger rail franchise, and to publish the OJEU notice for the Greater Anglia passenger rail franchise.

1 March 2015 Rail ticket retailing consultation

ORR expected to follow-up with a second consultation on ticket retailing in early spring 2015, with potential recommendations to capture the opportunities and address the issues raised by consultees.

1 August 2015 Passenger rail franchising

DfT expected to issue the Invitation to Tender for the Greater Anglia passenger rail franchise, and to publish the OJEU notice for the West Coast passenger rail franchise.

1 October 2015 Passenger rail franchising Contract award expected for the Northern and TransPennine Express passenger rail

Lara Burch Partner, Head of Rail T+44 117 917 4268 [email protected]

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franchises.

1 November 2015 Passenger rail franchising

DfT expected to publish the OJEU notice for the London Midland passenger rail franchise.

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Regulated Procurement

"A whole new regime for regulated procurement is coming in 2015. The draft Public Contracts Regulations 2015 have been published and anyone involved in contracting with the public sector and regulated utilities will need to understand how the new Regulations impact on their business. We would be pleased to come and talk to you about what the 2015 Regulations mean for you, please get in touch."

19 September 2014 Launch of formal consultation

on the bill to implement the EU

Public Procurement Directive

Three new EU Procurement Directives came into force on 17 April 2014, rewriting the previous public contracts and utilities directives and introducing a wholly new directive covering concessions. The government has two years from 17 April 2014 to implement the new Directives in national legislation.

The Cabinet office launched the 4 week consultation on the draft "Public Contracts Regulations 2015" ("PCR 2015") on 19 September. This will implement Directive 2014/24/EU on public contracts. There will be subsequent consultation documents covering regulations for the new Utilities Directive and Concessions Directive.

The draft Regulations have been prepared by the Cabinet Office in light of the UK's policy positions of maximising flexibility in the public procurement rules, deregulating where possible and avoiding "gold plating" of EU Directives.

This has resulted in a wholesale change to the new PCR 2015, from the current PCR 2006. A direct "copy out" of the Directive has been attempted, which leaves the draft Regulations feeling very European in style.

Osborne Clarke's specialist regulated procurement team would be happy to run bespoke training sessions for clients on how the new Regulations will impact on their business, and how to work with them. We will also produce a more detailed publication on the main changes later in 2014.

27 September 2014 European parliament begins

hearings to approve the new 28-

strong European Commission

The new 28-strong European Commission, announced by Commission President Jean-Claude Juncker on 10 September 2014, consists of five former prime ministers, four deputy prime ministers and seven returning commissioners. The increase in numbers in the European Commission reflects Mr Juncker’s aspiration to have personnel in place to co-ordinate key policy areas, which include competition, transport, health and food safety and trade.

The European Parliament’s approval is required for the new Commission to take office. We can expect the new European Commission to start their five-year term in early November.

17 October 2014 Close of consultation on

transposition of EU Public

Contracts Directive into UK

Regulations

All responses to the Cabinet Office's consultation on the new "Public contracts Regulations 2015" closes.

31 October 2014 Consultation on the London

Infrastructure Plan 2050 ends Launched by Boris Johnson in July 2014, the plan predicts the future needs of London in relation to housing, transport, green infrastructure, digital connectivity,

Catherine Wolfenden Partner, Regulated Procurement T +44 117 917 3600 [email protected]

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energy, waste and water. It estimates that total investment in London’s infrastructure will reach £1.3 trillion, with spending greatest on transport and housing. The plan also considers the associated costs and funding possibilities, including further public and private sector partnerships to deliver large scale projects.

The consultation asks for responses on a range of topics, including the projects proposed and the most suitable funding options. Responses to this consultation will help to shape the strategy for the procurement of major projects across the capital for a number of years.

1 November 2014 A change to disqualification

criteria in PQQs

A change to disqualification criteria in PQQs: The Public Procurement Directive 2014 (the “Directive”) brought in new rules for Pre-Qualification Questionnaires (“PQQs”), meaning that Contracting Authorities will have more scope for disqualifying bidders at this stage.

Mandatory disqualification criteria

In addition to the mandatory disqualification criteria contained in the Public Contracts Regulations 2006 (the “PCR 2006”), a Contracting Authority must now exclude a prospective bidder at the PQQ stage for:

1. Terrorism offences.

2. Child labour and other forms of human trafficking.

3. Non-payment of taxes or social security contributions (this criteria is only a discretionary disqualification criteria in the PCR 2006).

The Directive gives Member States the scope to allow Contracting Authorities to derogate from the mandatory exclusion of bidders on these grounds, where this is in the “public interest”, or, in the case of non-payment of taxes or social security, where this would be disproportionate.

Discretionary disqualification for poor performance

The Directive also amends the discretionary disqualification criteria, which Contracting Authorities may elect whether to include these in PQQs. The most important addition to these criteria is the ability for a Contracting Authority to disqualify a bidder for poor performance of other public contracts. The Directive states that a bidder may be disqualified where:

where the economic operator has shown significant or persistent deficiencies in the performance of a substantive requirement under a prior public contract, a prior contract with a contracting entity or a prior concession contract which led to early termination of that prior contract, damages or other comparable sanctions;

Unfortunately, the Directive does not give any guidance on what would constitute a “significant” or a “persistent” deficiency, nor what a “substantive requirement” of a contract is. The Directive also leaves open the question of what a “comparable sanction” to damages is. Guidance on the interpretation of these terms will either come from the new Regulations and their associated guidance, or from the courts, as disqualified bidders seek to challenge the disqualification grounds.

In order to ensure that bidders are not permanently excluded for minor breaches, the Directive includes a maximum duration for exclusion of 5 years for mandatory and 3 years for discretionary criteria. Bidders are also given the chance to make representations before exclusion, whether this is for a mandatory or a discretionary criteria. If these representations are “sufficient to demonstrate its reliability”, then the bidder will not be excluded. The Directive gives the example of a bidder having paid,

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or agreed to pay, compensation for a criminal act.

31 December 2014 UK Government target date for

implementation into UK law of

the new EU Procurement

Directives

Three new EU Procurement Directives came into force on 17 April 2014, rewriting the previous public contracts and utilities directives and introducing a wholly new directive covering concessions. The government has two years from 17 April 2014 to implement the new Directives in national legislation.

The key changes to the existing regime include changes to pre-qualification, a relaxation of the restrictions on use of the negotiated procedure, removal of the Part A / Part B services distinction, and express permission for exclusion of bidders for poor performance on previous contracts.

The government is aiming to implement the Directives as soon as possible by way of a ‘copy out’ of the respective texts. A formal consultation is expected in Autumn 2014 with government targeting implementation before year end.

31 December 2014 Crown Commercial Service SME

reforms

By the end of 2014, the Crown Commercial Service (“CCS”) has committed to implementing further reforms that assist small and medium enterprises (SMEs) to bid for public contracts. The reforms build on those recommended by Lord Young in his report “Growing Your Business” and include:

1. Improving payment performance to ensure that suppliers are paid within 30 days;

2. Improving access to public contracts, by removing pre-qualification questionnaires (“PQQs”) for low value contracts and using a standard PQQ for larger contracts;

3. Improving the CCS ‘contracts finder’ tool, to ensure that all public contracts can be searched in one place. The CCS hopes to achieve this by the end of October 2014; and

4. Improving the standard of reporting on the value of contracts awarded to SMEs.

The reforms have been in the public domain since the government consultation on Lord Young’s report concluded in December 2013. It has been indicated that these reforms will be dealt with in the Regulations that will implement the Public Procurement Directive 2014.

The CCS intends to provide further guidance on these reforms before the end of 2014.

1 June 2015 Anticipated Review of Roadmap

for EU Defence single market

On 24 June 2014 the European Commission presented a roadmap for measures to strengthen the Single Market for defence, to promote a more competitive defence industry and to foster synergies between civil and military research including details and timelines for the actions. We expect to see a number of interim reports on progress in this area, but the European Commission has indicated that a full review will be published in June 2015. Among other issues, it is expected that the review will address access to the market for small and medium-sized enterprises.

1 June 2015 Launch of European

Commission evaluation of

Defence Procurement Directive

2009/81/EC

Directive 2009/81/EC sets EU rules for the procurement of arms, munitions and war material (plus related works and services) for defence purposes, but also for the procurement of sensitive supplies, works and services for security purposes.

In this project, due to report back to the European Parliament by August 2016, the Commission will evaluate to what extent the objectives of the Directive have been achieved with regard to the functioning of the internal market and the development of a European defence equipment market and a European Defence Technological and Industrial Base.

Documents

UK Regulatory Timeline Horizon spotting made easy