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Regulations (Northern Ireland) 2015 (S.R THE HEALTH AND SAFETY (MISCELLANEOUS REPEALS, REVOCATIONS AND AMENDMENTS) REGULATIONS (NORTHERN IRELAND) 2015 (S.R. 2015 No. 223 ) Impact Assessment An Impact Assessment (IA) is a tool, which informs policy decisions. All NI Government Departments must comply with the impact assessment process when considering any new, or amendments to, existing policy proposals. Where regulations or alternative measures are introduced an IA should be used to make informed decisions. The IA is an assessment of the impact of policy options in terms of the costs, benefits and risks of the proposal. New regulations should only be introduced when other alternatives have been considered and rejected and where the benefits justify the costs. The IA process is not specific to the UK Civil Service or the NI Civil Service – many countries use a similar analysis to assess their proposed regulations and large organisations appraise their investment decisions in similar ways too. Please find enclosed a final IA in respect of the Health and Safety (Miscellaneous Repeals, Revocations and Amendments) Regulations (Northern Ireland) 2015. Contact: Julie Gillespie HSENI Legislation Unit 83 Ladas Drive Belfast BT6 9FR E-mail: [email protected] 1 HEALTH AND SAFTY (MISCELLANEOUS REPEALS, REVOCATIONS AND AMENDMENTS) REGULATIONS (NORTHERN IRELAND) 2015 NOTE ON COSTS AND BENEFITS 1. I declare that : a. the purpose of the Health and Safety (Miscellaneous Repeals, Revocations and Amendments) Regulations (Northern Ireland) 2015 (“the Northern Ireland Regulations”) is to remove seventeen items of health and safety legislation which are considered to be redundant or overtaken by more up to date Regulations. b. I am satisfied that the costs and benefits associated with the relevant elements of the Great Britain Regulations may be applied on a proportionate basis to the Northern Ireland Regulations. 2. An estimate of the costs and benefits associated with the Great Britain Regulations, together with the effect on the Northern Ireland costs and benefits is appended to this Note. 3. There is no impact on charities, social economy enterprises or voluntary bodies. Jackie Kerr Department of Enterprise, Trade and Investment 17 April 2015 1 PART I GREAT BRITAIN IMPACT ASSESSMENTS (Prepared by the Health and Safety Executive) The Health and Safety (Miscellaneous Repeals, Revocations and Amendments) Regulation 2013 (S.I. 2013 No. 448) and The Health and Safety (Miscellaneous Revocations and Amendments) Regulations 2013 (S.I. 2013 No. 1512) (“the Great Britain Regulations”) 1. The following pages contain copies of the Impact Assessments, prepared by the Great Britain Health and Safety Executive, in respect of the Great Britain Regulations. 2. The GB assessments indicate that net cost savings to business arising from revocation of the Construction (Head Protection) Regulations are estimated at £37,000 per year. 3. In respect of the GB equivalents of the remaining NI legislation to be repealed, revoked or amended, there are either no or very low costs to business associated with the proposals or IAs were not completed as the changes are of a minor/technical nature or they relate to regulations which make amendments to principal regulations that have already been revoked. 2 Title: Impact Assessment (IA) Revocation of the Gasholders (Record of Examinations) Order 1938 and repeal of Section 39 (2) of the Factories Act 1961 Date: 18/07/2012 IA No: HSE0069c Stage: Final Lead department or agency: Health and Safety Executive Source of intervention: Domestic Other departments or agencies: Type of measure: Secondary legislation None Contact for enquiries: Karen McDonough. [email protected]. Tara McNally [email protected] RPC Opinion: RPC Opinion Status Summary: Intervention and Options Cost of Preferred (or more likely) Option Total Net Present Business Net Net cost to business per In scope of One-In, Measure qualifies as Value Present Value year (EANCB on 2009 prices) One-Out? £0m £0m £0m No NA What is the problem under consideration? Why is government intervention necessary? In response to the Lofstedt review and the Red Tape Challenge HSE has identified a number of health and safety regulations, including the Gasholder (Record of Examinations) Order 1938 and a related provision section 39(2) in the Factories Act 1961, which are either redundant or have been overtaken by more modern legislation. Without any intervention these regulations would remain in force and contribute to the impression that health and safety law is complex, confusing and out of date. This work is one element of a much wider programme of work to make the legislative framework simpler and easier to understand, while maintaining the same standards of protection for those in the workplace or affected by work activities. What are the policy objectives and the intended effects? The policy objective of this work is to streamline the legislative framework by removing the Gasholders (Record of Examinations) Order 1938 and a related provision section 39(2) in the Factories Act 1961 as redundant or out-of-date legislation that is no longer needed to control health and safety risks in the workplace. Added to this, if the 1938 Order is revoked, the Gasholder and Steam Boilers (Metrication) Regulations 1981 can also be revoked. (These Regulations amend the 1938 Order by subsituting the measurements expressed in metric units for imperial measures and is analysed in a t t i ti ifi i t t) What policy options have been considered, including any alternatives to regulation? Please justify preferred option (further details in Evidence Base) Option 1 - Do nothing - the Gasholder (Record of Examinations) Order 1938 and a related provision section 39(2) in the Factories Act 1961 would remain on the statute book. Option 2 - Revoke the Gasholder (Record of Examinations) Order 1938 and a related provision section 39 (2) in the Factories Act 1961. No alternatives to regulation have been considered as this is a deregulatory measure Option 2 is the preferred option as it will remove unnecessary out of date regulation from the statute books. Almost 90% of the responses to HSE's consulltation question "the proposal to revoke the Gasholder (Records of Examinations) Order 1938 and Will the policy be reviewed? It will not be reviewed. If applicable, set review date: Month/Year Does implementation go beyond minimum EU requirements? No Are any of these organisations in scope? If Micro < 20 Small Medium Large Micros not exempted set out reason in No No No No No 3 Evidence Base. What is the CO2 equivalent change in greenhouse gas Traded: Non-traded: emissions? (Million tonnes CO equivalent) I have read the Impact Assessment and I am satisfied that (a) it represents a fair and reasonable view of the expected costs, benefits and impact of the policy, and (b) that the benefits justify the costs. Dat Signed by the responsible Minister: e: 4 Summary: Analysis & Evidence Policy Option 1 Description: Do Nothing FULL ECONOMIC ASSESSMENT Price Base PV Base Time Period Net Benefit (Present Value (PV)) (£m) Year na Year na Years na Low: 0 High: 0 Best Estimate: 0 COSTS (£m) Total Transition Average Annual Total Cost (Constant Price) Years (excl. Transition) (Constant Price) (Present Value) Low 0 0 0 High 0 0 0 0 Best Estimate 0 0 0 Description and scale of key monetised costs by ‘main affected groups’ This is the baseline option and as such has zero costs Other key non-monetised costs by ‘main affected groups’ BENEFITS (£m) Total Transition Average Annual Total Benefit (Constant Price) Years (excl. Transition) (Constant Price) (Present Value) Low 0 0 0 High 0 0 0 0 Best Estimate 0 0 0 Description and scale of key monetised benefits by ‘main affected groups’ This is the baseline option and as such has zero benefits Other key non-monetised benefits by ‘main affected groups’ Key assumptions/sensitivities/risks Discount rate (%) na BUSINESS ASSESSMENT (Option 1) Direct impact on business (Equivalent Annual) £m: In scope of OIOO? Measure qualifies as Costs: 0 Benefits: 0 Net: 0 No NA 5 Summary: Analysis & Evidence Policy Option 2 Description: Revoke Gasholder (Record of Examinations) Order 1938 and a related provision section 39(2) in the Factories Act 1961. FULL ECONOMIC ASSESSMENT Price Base PV Base Time Period Net Benefit (Present Value (PV)) (£m) Year na Year na Years na Low: 0 High: 0 Best Estimate: 0 COSTS (£m) Total Transition Average Annual Total Cost (Constant Price) Years (excl. Transition) (Constant Price) (Present Value) Low 0 0 0 High 0 0 0 0 Best Estimate 0 0 0 Description and scale of key monetised costs by ‘main affected groups’ There will be no costs to business from revoking the Gasholder (Record of Examinations) Order 1938 and a related provision section 39(2) in the Factories Act 1961. Industry use an industry standard to determine their examination process and the advice in this industry standard will not change as a result of the revocation. Other key non-monetised costs by ‘main affected groups’ BENEFITS (£m) Total Transition Average Annual Total Benefit (Constant Price) Years (excl. Transition) (Constant Price) (Present Value) Low 0 0 0 High 0 0 0 0 Best Estimate 0 0 0 Description and scale of key monetised benefits by ‘main affected groups’ Other key non-monetised benefits by ‘main affected groups’ The removal of this Regulation plus the related provision in the FA 1961 will contribute towards streamlining the Health and Safety legislative framework. Key assumptions/sensitivities/risks Discount rate (%) na BUSINESS ASSESSMENT (Option 2) Direct impact on business (Equivalent Annual) £m: In scope of OIOO? Measure qualifies as Costs: 0 Benefits: 0 Net: 0 No NA 6 Evidence Base for Revocation of the Gasholders (Record of Examinations) Order 1938 and repeal of Section 39 (2) of the Factories Act 1961 Problem under consideration; 1.
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