CPA Bulletin

36 CPA Bulletin > November 2023 www.cpa.uk.net Legal NEWS LEGAL: 1 To simplify and streamline the contractual relationship between RPA Members and their customers, a single contract has been drafted which addresses the various services that members offered to their clients: the supply of plant (and personnel), and/or services on behalf of their customer (under the POS Conditions). This resulted in initialling drawing certain clauses from the CPA’s Model Conditions, the RPA Supplementary Conditions, and the RPA’s POS Conditions into a single amalgamated document. From this starting point, additional clauses have been drafted and incorporated into a comprehensive document. Feedback was positive from RPA Members who have seen the near completed document. The final version was circulated to the RPA Board, and a meeting held in late September, where Steve Featherstone, Adam Godwin and I gave a brief presentation, and answered any questions raised. From that meeting, two very minor changes were proposed, where they and the rest of the document were unanimously accepted. The conditions have been returned to Gateley Legal for a final review and were signed off. The document has been formatted into a similar style to other RPA/CPA Conditions and was circulated to the RPA membership in mid October. UK government to preserve EU based Equal Pay laws Despite many EU derived laws ending on 31st December, the UK government has recently confirmed that the Equal Pay laws originating from the EU, will be retained after this date. New Sentencing for Driving Offences As a result of the Police, Crime, Sentencing and Courts Act 2022 (PCSC Act), which came into effect from 1st July, the sentencing guidelines which the courts will impose on offenders convicted of motoring offences in England and Wales have been published by the independent Sentencing Council. The Council has revised six of its existing guidelines taking into account new maximum sentences introduced for some offences under the PCSC Act. Offences which result in a fatality as a result of dangerous driving, or as a result of careless driving when under the influence of alcohol or drugs, will now receive a life sentence, which is increased from the pre-existing maximum sentence of 14 years. The Council has also developed guidelines for offences which result from: causing serious injury by dangerous driving, causing serious injury by driving while disqualified, and the recently introduced offence of causing serious injury by careless driving are from ‘causing injury by driving’. These offences have a range of a maximum sentence from two to five years imprisonment. Other new guidelines include causing injury by wanton or furious driving, which can be used where a cyclist causes death or injury and driving or attempting to drive with a specified drug above the specified limit. The courts will have been able to use these sentences for any offences since 1st July 2023. Fines tripled for employers that hire illegal workers From late August, the government announced that it has implemented a higher threshold for fines against those that employ illegal workers, or landlords that provide accommodation. This will take effect from early 2024. The civil penalty for employers, which was last increased in 2014, will be increased up to £45,000 per illegal worker for a first breach - which is an increase from £15,000 - and up to £60,000 for repeat breaches - which is an increase from £20,000. As a matter of course, employers should already be checking the eligibility of anyone, if applicable, they are looking to recruit. The method of checking an individual’s eligibility remains unchanged, including via a manual check of original documentation and the government’s online checking system at www.gov.uk ./employee-immigration-employment-status Load Security In the summer, the government produced new guidance for load security for England, Wales, and Scotland. A copy of the document can be found within the Transport section of the CPA’s website, or from the Gov UK website at www.gov.uk/guidance/securing-loads-on-hgvs-and- goods-vehicles Section 6 refers to carrying different types of loads including the transport of Plant.