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Up and coming law with the HA

21st June 2007, Page 40
21st June 2007
Page 40
Page 40, 21st June 2007 — Up and coming law with the HA
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FUTURE LEGISLATION Corporate manslaughter: The government wishes to introduce a new offence to hold organisations to account for gross failings by their senior management that have had fatal consequences. However,as a corporate offence, it will not apply to individual directors or others (CM 21 September 2(106), Smoking ban in England: The ban on smoking in all enclosed public places and workplaces in England is expected to begin on 1 July (CM 26 October 2006). It will prohibit smoking in all offices, factories. shops, pubs, bars, restaurants, clubs, public transport and work vehicles that are used by more than one person. Similar legislation has already been introduced in the rest of the UK.

Northern Ireland operator licensing reform: The DOE intends to amend the Northern Ireland operator licensing system to mirror that of Great Britain, including a system for restricted operator licensing to apply to ownaccount carriage for the first time, but without the introduction of Traffic Commissioners. A consultation is expected to run from May until July 2007. Driver Training Directive: This requires the initial and five-yearly periodic training of professional goods and passenger vehicle drivers. The operational training will include fuel economy, drivers' hours and customer service, and is referred to as a Certificate of Professional Competence (CPC). New drivers will require an initial qualification from September 2008 for passenger vehicles and 2009 for goods vehicles. All drivers will have to complete periodic training from 2013 for passenger vehicles and from 2014 for goods vehicles. Drivers will also be required to carry their qualification cards with them on board their vehicles.

Graduated fixed penalties: The DlT has issued a consultation on the details of introducing a graduated fixed penalty system for road traffic offences, such as drivers' hours and overloading, to be issued by Vosa examiners. A deposit scheme is also proposed to cover offences committed by visiting vehicles/drivers who are unable to provide a GB address.

Speed limiters: The final phase of European legislation that requires speed limiters to be fitted to vehicles over 3.5 tonnes will be implemented on 1 January 2008. From that date, vehicles over 3.5 tonnes but not over 7.5 tonnes, first registered on or after 1 January 2005 and used solely in the UK, must also have their speed limiters set to 56mph.

Statutory holiday increases: The government intends to increase the statutory holiday entitlement for workers from 4 weeks to 5.6 weeks with a minimum of 28 days. It is expected that the introduction will be staged — increasing to 4.8 weeks in October 2007 and to 5.6 weeks in 2008.

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