October 2007 regulation changes

Common commencement dates

To save you time and money, a number of key government departments issue all their changes in regulations twice a year, on 6 April and 1 October. These are called common commencement dates (CCDs).

CCDs enable you to prepare your business for the implementation of any changes needed to comply with new and changing regulations.

What to expect on 1 October 2007 - a Summary

This summary offers a snapshot of regulations expected to come into force on 1 October 2007. It is not to be read as a full and complete list of all the new and amended regulations that might affect business on or after 1 October 2007.

For a more accurate and up-to-date picture, see the individual Regulation Updates published on or before 1 October 2007 on our Regulation Update page.

Taxes & Finance

• Private companies can expect a range of new measures under the Companies Act 2006, including:
  • a new statutory statement setting out directors' duties and responsibilities
  • removal of the requirement to have a company secretary or hold annual general meetings unless you decide to do so
  • easier decision making by written resolution of the company's shareholders
• There will be certain changes to VAT invoicing for businesses that sell to business customers in other member states and/or those who use Margin Schemes or Tour Operators' Scheme in the United Kingdom.

Employment

• There will be increases in national minimum wage rates.
• If you provide all your workers an annual leave entitlement of 5.6 weeks, you do not have to make any changes. However, if your workers do not yet receive a holiday entitlement of 28 days per year - which can include bank and public holidays - your business will have to change its holiday entitlement policy and related outgoings. This is a two-phased process - four additional days apply as of October 2007 and the final four days as of April 2009.
• The right of private foster carers and people with residence orders to request flexible working will apply to very few individuals and to even fewer businesses.

The only other employment laws that could still meet the CCD in-force date would affect employment agencies rather than all employers. However, the expected changes are likely only to apply as of April 2008.

Health & Safety

Only two health and safety laws will come into force this October, and neither will affect the business community as a whole.

• New workplace exposure limits (WELs) will apply in the chemical and other manufacturing industries and coal-mining industries. These sectors must use appropriate work procedures, testing methodologies and health surveillance systems to keep worker exposure to certain hazardous substances or coal dust below new lower levels.

Environment

If your business activities relate to primary food production, animals and/or the countryside. certain changes might apply to you. For example:

• In order to monitor for zoonoses - ie diseases that can be transmitted to humans from domestic and wild animals - government inspectors will have new powers of entry to premises.
• Farmed animals - Codes of Recommendation will help you protect the welfare of individual species.
• New bans and controls will apply for the seasonal burning of heather and grass.
• The licensing and management of sustainable deer populations will change.
• Pet cemeteries will no longer need a landfill permit under the Pollution Prevention and Control Regulations.

Holders of persistent organic pollutants should be aware of new bans and penalties that will come into effect possibly as early as 1 October 2007. Veterinary surgeons and anyone involved in or administering veterinary medicinal products can expect some changes under the Veterinary Medicines Regulations 2007.

Other

• Anyone in the retail sector that sells cigarettes, cigarette papers or any other tobacco products must cease to sell them to anyone younger than 18. To fully comply with the law, all your signs and vending machine displays must clearly show the new minimum age.
• All trade mark holders and applicants will find changes in the process for examining new trade mark applications and for opposing them. Briefly, this means that new trade mark applications will no longer be automatically blocked if there is an earlier conflicting mark.
• Those in residential property can expect certain changes:
  • when you demand a variable service charge and/or an administration charge from your tenants, you must provide a summary of tenants' rights and obligations at the same time
  • changes in licensing and management rules will apply to additional types of houses in multiple occupation

Certain weight-based exemptions will also apply for the hallmarking of jewellery and other articles that incorporate small amounts of precious metals.