Sixth Report Contents

Instruments of interest

Ship Recycling (Requirements in relation to Hazardous Materials on Ships) (Amendment etc.) Regulations 2018 (SI 2018/1122)

30.Ships have a normal life span of between 25 and 40 years. Most (especially older ships) contain hazardous materials such as asbestos and are therefore classified as “hazardous waste” under EU laws. At present, a high number of ships are recycled in Asia, in conditions which offer little protection to human health or to the environment. An EU Regulation8 on ship recycling, coming into force on 31 December 2018, will control the installation of new hazardous material on ships and stipulate that all EU flagged ships9 must use a recycling facility on the “European list”.10 EU flagged ships must carry a valid inventory of hazardous materials on board which will have to be surveyed by the Maritime and Coastguard Agency (MCA)11 and certified every five years.12 Before a ship is sent to an approval recycling facility, a final survey (with the help of the approved ship recycling facility) is needed and a ship recycling plan must be approved by the MCA and the Health and Safety Executive before a ‘Ready for Recycling Certificate’ can be issued to the ship owner, allowing the ship to be recycled at the chosen facility on the approved European List. These Regulations put in place measures intended to ensure the enforcement of the EU Regulation and providethat a ship owner is guilty of an offence if, in breach of the requirements of the EU Regulation, certain hazardous material are installed or used, or if there is not a valid inventory of hazardous material on board, or if the ship does not comply with duties related to the preparation of a ship for recycling. The MCA (as port state control inspector) has the power to verify whether ships calling at UK ports comply with the EU Regulation and can detain ships for offences in relation to this instrument. The MCA will operate on a full cost recovery basis so the costs for inspections will be recovered from industry.

Universal Credit and Jobseeker’s Allowance (Miscellaneous Amendments) Regulations 2018 (SI 2018/1129)

Universal Credit and Jobseeker’s Allowance (Miscellaneous Amendments) Regulations (Northern Ireland) 2018 (SR 2018/187)

Child Tax Credit (Amendment) Regulations 2018 (SI 2018/1130)

31.In setting out its policy on limiting Universal Credit and Child Tax Credit to a maximum of two children per household, the Government proposed certain exemptions, including that the benefits could be paid for an adopted third child. The Secondary Legislation Scrutiny Committee’s 30th Report of last session13 drew attention to the fact that this would treat families unequally, particularly those which adopted or undertook “kinship care” of two children before starting their own family, as their own baby would not then be eligible for benefit. Following an internal review and a High Court judgment that stated that the provision was lawful but irrational as it discouraged adoption, these regulations amend the law so that all adopted and kinship children care are discounted when considering the two-child limit for these benefits. 14

32.Amongst other things, SI 2018/1129 also implements the policy change announced in a Written Ministerial Statement on 29 March 2018,15 to allow all 18-21 year olds to be eligible for support with their housing costs. This reverses provisions made in 201716 which withdrew entitlement to claim housing costs for certain 18-21 year olds in Universal Credit full service areas requiring them to instead return to live with their parents when claiming benefits. DWP says that the policy change made by SI 2018/1129 means that young people on benefits will be assured that, if they secure a tenancy, they will have support towards their housing costs in the normal way. SR 2018/187 makes similar changes for Northern Ireland.

Education Administration Rules 2018 (SI 2018/1135)

33.In September, the Department for Education (DfE) laid the draft Further Education Bodies (Insolvency) Regulations 2018, in order to modify insolvency legislation to enable it to operate effectively in its application (under the Technical and Further Education Act 2017) to further education corporations and sixth form college corporations. The Secondary Legislation Scrutiny Committee published information about those Regulations in its 41st Report of this Session;17 the Report noted that DfE also intended to lay Rules setting out insolvency procedures for a Special Administration Regime called Education Administration. The draft Regulations were considered in Grand Committee on 30 October,18 when the Minister again referred to the forthcoming Rules. These have now been laid; DfE states that both the Regulations and the Rules should come into force at the same time, to avoid any confusion should an insolvency case occur when only part of the regime applies.

8 Regulation (EU) No. 1257/2013 of the European Parliament and of the Council of 20th November 2013 on ship recycling and amending Regulation (EC) No. 1013/2006 and Directive 2009/16/EC (“the EU Regulation”).

9 This applies to ships over 500 gross tonnes.

10 There are currently four UK facilities on the European list – Abel UK, Swansea Drydocks Ltd, Harland & Wolff and Dales Marine Services Ltd.

11 Or one of the classification societies recognised by the MCA.

12 The inventory for new EU flagged ships will have to be surveyed every five years and certified and the inventory for existing ships by the end of 2020.

16 Universal Credit (Housing Costs Element for claimants aged 18 to 21) (Amendment) Regulations 2017 (SI 2017/252).

18 HL Deb, 30 October 2018, col 100GC–109GC [Grand Committee].

© Parliamentary copyright 2018