jr-1 NULAGE BULLETIN NEWS The Law Unlicensed HGVs • Vehicle
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Inspectorate examiners conducting roadside checks could detain and subsequently impound unlicensed vehicles—examiners would check against a database to see if the vehicle was licensed; • Once legally specified on an operator's licence, vehicles could be reclaimed; • Unclaimed vehicles would be sold after a pre-determined period; • Every operator would be required to notify the relevant Traffic Commissioner as soon as he added a vehicle on to his licence before it could legally be used; • A telephone system would be introduced for immediate notification of changes to the Traffic Area Offices.
The maximum fine for carrying goods without an Operator's Licence might be increased from £2,500 to £5,000.
* The Proposed Scheme for the Detention of Illegally Operated Heavy Goods Vehicles is available free from the Traffic Area Network (TANU3), DE7'R, Zone 2/11, Great Minster House, 76 Marsham Street, London, SW1P 4DR. Comments on the proposals should be sent to Martin Thomas, Zone 2/13 at the above address by 29 May 1998.
European checks and lorry bans The European Commission has announced proposals to carry out random roadside checks throughout the European Union to ensure that lorries comply with safety and environmental protection rules.
The Commission is also looking at streamlining the system of lorry bans that seven member states currently apply at weekends and on public holidays.
For further information, contact your local Euro Info Centre.
Licence revisions New Regulations* (the majority of which came into force on 31 January 1998) amend the Motor Vehicles (Driving Licences) Regulations 1996 by: extending and clarifying the powers of a Traffic Commissioner in cases where the holder of a heavy goods or passenger carrying vehicle driving licence has been disqualified by a court; and amending the definition of category B1 to include vehicles with an engine capacity of 50cc or less.
* Motor Vehicles (Driving Licences) (Amendment) Regulations 1998 (SI 1998 No 20) is available, price .£240, from The Stationery Office Contact: 0171 873 0011. Company law reform The Department of Trade and Industry (DTI) is consulting* on a major review of company law. Over the next three years a series of taskforces will look at and consult on various aspects of the current legislation. They are expected to decide whether to get rid of the over-technical and legalistic language of company law, while reducing regulation and setting out the rules for particular classes of companies in an easy-to-understand form.
* Modern Company Law for a Competitive Economy is available free from the DTi, contact: 0870 1502 500. Comments should be sent to Karen Hutchinson, Company Law and Investigations Directorate, DTI, Room 5R15, 1 Victoria Street, London SW1H OET, by 30 June 1998.
Data Protection changes The Data Protection Act 1984 is expected to be replaced by the Data Protection Bill. While still in draft form, the bill contains a number of revisions over the old act, including additional provisions for manual records, new data protection principles and the creation of a Data Protection Commissioner who will be in charge of registration.
Copies of the proposed new DPB, priced at £6, are available from the Stationery Office. Contact: 0171 873 9090.
Cashflow advice The DTi has published Better Payment Practice: a Guide to Credit Management*, which provides advice to buyers and suppliers on credit management and the importance of prompt settlement of debts.
* Available from the DIY Publications Order Line, Admail 528, London, SW1W 8YT. Contact: 0870 1502 500.
Employment The new legislation proposes: • Introducing clear rules defining who an employer should inform and consult over proposed redundancies or transfers; • Removing the current threshold exempting cases of fewer than 20 redundancies within a 90-day period; • Ensuring that non-union representatives are capable and independent; • Introducing new rules for the election of employee representatives.
Copies of the consultation document are available free of charge from Barbara Roberts, DTI, Employment Relations Directorate (ER2b), 1E7, 1 Victoria Street, London SW1H OET. Contact: 0171 215 5985. Comments should be sent to Barbara Roberts at the above address by 9 April 1998.
Employment protection payments Draft regulations* specify changes to awards under the employment protection legislation. These changes will come into effect from 1 April 1998.
Current limit 1 April 1998 Limits on guarantee payments ad? a day Limit on a week's pay for calculating statutory redundancy payments ant unfair dismissal awards 210 a week Maximum compensatory awards for unfair dismissal 12,000 Trades union and health and safety dismissal cases only: Minimum basic awards for unfair dismissal Special award where re-employment has been sought but not ordered Special award where a re-employment order has not been complied witl k.iitin) £20,600 ktuni; (max) 156 weeks pay (max) no change * Draft Employment Rights (Increase of Limits) Order 1998 is available for .£1.10 from The Stationery Office. Further information is available from the DTi. Contact: 0171 215 5000.
Weekly earnings limit Draft regulations* have been laid before Parliament amending the Social Security (Incapacity for Work) (General) Regulations 1995 (SI 1995 No 311).
These regulations will increase the weekly earnings limit which must not be exceeded if work is to be treated as exempt work from £46.50 to £48. *The Social Security (Incapacity for Work) (General) Amendment Regulations 1998 are available for 65p from The Stationery Office.
Health and Safety Workplace guidance The Health and Safety Executive has issued a number of revised workplace guidance booklets: • Lighting at Work (£9.25); • Seating at Work (£5.95); • VDUs an Easy Guide to the Regulations (£5) and Working with VDUs (single copies free, or in priced packs of 10).
The booklets are available from HSE Books, PO Box 1999, Sudbury, Suffolk C010 6FS. Contact: 01787 881165.
Fire risks The Fire Protection Association (FPA) has issued a nelw fire safety video, Workplace Fire Risk Assessment—A Guide for Employers*, to aid compli nce with the provisions of the Fire Precaution (Workplace) Regulations 1997. *Available or.£49.50 (ex-VAT) from the FPA Publicatio s Department, Melrose Avenue, Bore hamwood, Hertfordshire WD6 2BJ. Contact: 0181 207 2345.
Taxation Inland Revenue pack The 1998 joint Inland Revenue and Contributions Agency pack is available on a =kr free CD-Rom this year.
Employers who have not already received their packs or who would like a copy of the CD-Rom should contact the joint order line on 0345 646 646.
Also, a new style P14 End of Year Summary document for employers has been introduced for the 1997/98 End of Year returns. There are now three versions of the new-style form: • P14 (OCR)—a three-part form for completing by hand ; • P14 (CONT) (OCR)—a three part continuous form suitable for impact printers; • P14 (OCR) (laser-sheet)—three individual sheets suitable for sheet-fed laser printers. These forms can also be obtained by calling the Inland levenue order line.
Three-year cap Customs & Excise has reviewed its policy on the three-year time limit on refunds of overpaid VAT. It now considers that the VAT Act 1994 (which provides a three-year limit on backdated refund claims) only applies where a business has overpaid VAT—which implies a direct payment from the business to Customs; and amounts not falling within this act can be recovered 1]6/ the error correction procedures as long as this is done before 1 May 1998 (after whicl a three-year cap also applies).
For furtler information contact your local Customs & Excise VAT office.
Bogus inspectors Businesses in London are being warned to be on their guard for bogus VAT inspector& Over the past 15 months eight incidents have been reported to Customs of people posing as VAT officers. Some of the targeted businesses have been phoned in advance; others have been approached in person. The operation appears to involve several men and one woman.
They ask for details about bank accounts, suppliers and so one. Customs officers believe they are hoping to gain inside information about the business while examining premises for possible break-ins. Companies are warned to check all inspectors' ID cards which have a photo and signature. If in doubt ask the inspectors to call back and check their credentials with the local Customs office.
Accounting UITF abstracts The ASB has published three UITF abstracts, all of which were to be adopted by 23 March 1998.
• Abstract 19—Tax on gains and losses on foreign currency borrowings that hedge an investment in a foreign enterprise; • Abstract 20—Year 2000 issues, accounting and disclosures; • Abstract 21—Accounting issues arising from the proposed introduction of the Euro.
These are all available free from the ASB, Holborn Hall, 100 Gray's Inn Road, London WC1X 8AL. Contact: 0171 404 8818.
Environment Green claims code The Department of the Environment, Transport and the Regions (DETR) has published the Green Claims Code* which sets out guidance on how companies can make meaningful claims about the environmental performance of their products and services. If companies follow the code the problem of misleading information in this area should be significantly reduced.
* Available free from DETR Publications Despatch Centre, Bla.ckhorse Road, London, SE8 6T7: Contact: 0181 691 9191.
Europe EU funding Noise rules outdoors The European Commission has proposed a Directive which would streamline EU rules for outdoor equipment. This Directive would define noise test codes and require all such equipment to be marked with a guaranteed maximum noise level.