Low carbon south west business breakfast ashfords september 2016 business health check

1. Low Carbon South West
Richard Voke
r.voke@ashfords.co.uk
0117 321 8098

2. ASHFORDS LLP. LOW CARBON SOUTH WEST. TUESDAY 20TH SEPTEMBER
Law aimed at protecting or improving the environment – In
the UK the environment is generally defined to mean air,
water and land.
Environmental Law
Regulatory Bodies:
• Environment Agency
• Natural Resources Wales
• Scottish Environmental Protection Agency
• Department of the Environment in
Northern Ireland
• Local authorities

3. ASHFORDS LLP. LOW CARBON SOUTH WEST. TUESDAY 20TH SEPTEMBER
Environmental Law - Key areas for
consideration
• Waste Management – Haz, transport, packaging
• Contaminated land / Controlled waters
• Environmental Management
• Reputation/credibility/CSR – ISO 14001, Go Green etc.
• Sustainability
• CRC Energy Efficiency Scheme/ F-Gas Regulations

4. ASHFORDS LLP. LOW CARBON SOUTH WEST. TUESDAY 20TH SEPTEMBER
Health and Safety Law
Enforcing Authorities - HSE, Local Authorities, FSA
Some key considerations:
• Criminal v Civil
• Fire Safety
• Risk assessments
• Construction/waste/agriculture/manufacturing/services
• Change management
• Control of contractors
• Security

5. ASHFORDS LLP. LOW CARBON SOUTH WEST. TUESDAY 20TH SEPTEMBER
Section 2 and 3 HSWA
• S3: “It shall be the duty of every employer to conduct his undertaking
in such a way as to ensure, so far as is reasonably practicable, that
persons not in his employment who may be affected thereby are not
thereby exposed to risks to their health or safety”
• S2: “It shall be the duty of every employer to ensure, so far as is
reasonably practicable, the health, safety and welfare at work of all
his employees”

6. ASHFORDS LLP. LOW CARBON SOUTH WEST. TUESDAY 20TH SEPTEMBER
Reasonably Practicable
• Reversal of burden of proof
• Combatting threat posed to society, workplace deaths and
injuries costing up to £18 billion p/yr
• Those who engage in commercial activity have accepted
the regulatory controls
• Still required to prove that Defendant owed a duty and it
has been breached
• Not hard for Defendant to establish facts, contrast with
prosecution (particularly technical cases)

7. ASHFORDS LLP. LOW CARBON SOUTH WEST. TUESDAY 20TH SEPTEMBER
Who is responsible?
• Other senior managers
involved in the day-to-day
running
• Other people working on
site
• Body corporate
• Employers (individuals,
partners, trusts charities)
• Employees
• Contractors
• Local authorities

8. ASHFORDS LLP. LOW CARBON SOUTH WEST. TUESDAY 20TH SEPTEMBER

9. ASHFORDS LLP. LOW CARBON SOUTH WEST. TUESDAY 20TH SEPTEMBER
What’s the worst that could happen?
• Closure of facilities / lost revenue
• Media coverage – reputation
damage
• Victims’ families
• Concerned clients
• Damaged plant / buildings
• Fines
• Custodial sentences
• Remediation and Prosecution costs
• Higher insurance premium
• Industrial accident
• Death
• Criminal offence
• Environmental / Pollution
consequences
• HSE / EA Investigators on site
• Loss of communications
• Economic loss through down-time
• Devaluation of business
• POCA Reporting (Mergers &
Acquisitions)
All the above?

10. ASHFORDS LLP. LOW CARBON SOUTH WEST. TUESDAY 20TH SEPTEMBER
Defend Early!
• Prepare for the interview under
caution:
- Statement
- Non-attendance
• Disclosure
• Documents, procedures, risk
assessments
• Narrow down the issue
• Dictate the interview
• Find out their evidence – review
own investigation
• Defend or cut and run?
• Time between the incident and
the enforcement decision
critical
• Appeal Notices?
• Most cost effective work done
before the decision
• Engagement –
constructive/destructive?
• Pros – Avoid prosecution
• Cons – give away defence

11. ASHFORDS LLP. LOW CARBON SOUTH WEST. TUESDAY 20TH SEPTEMBER
New Sentencing Guidelines – Important
Context
The new guidelines will almost certainly raise the level
of fines available.
Implemented on 1st February 2016

12. ASHFORDS LLP. LOW CARBON SOUTH WEST. TUESDAY 20TH SEPTEMBER
Guidelines for Health and Safety offences -
organisations
• Step 1: Determining the offence category
• Culpability
• Harm
• Step 2: ‘turnover’ will be starting point
• Steps 3 to 9 proportionate, innocent third parties, job losses), early
guilty plea, etc.

13. ASHFORDS LLP. LOW CARBON SOUTH WEST. TUESDAY 20TH SEPTEMBER
Categories of organisations
• Large – Turnover or equivalent: £50 million and over
• Medium – Turnover or equivalent: £10 million and £50 million
• Small – Turnover or equivalent: between £2 million and £10 million
• Micro – Turnover or equivalent: not more than £2 million
Charities
• Where a fine falls on public or charitable bodies, the fine should
normally be substantially reduced.

14. ASHFORDS LLP. LOW CARBON SOUTH WEST. TUESDAY 20TH SEPTEMBER
Step 2: Starting point

15. ASHFORDS LLP. LOW CARBON SOUTH WEST. TUESDAY 20TH SEPTEMBER
Step 2: Starting point

16. ASHFORDS LLP. LOW CARBON SOUTH WEST. TUESDAY 20TH SEPTEMBER
Step 2: Starting point

17. ASHFORDS LLP. LOW CARBON SOUTH WEST. TUESDAY 20TH SEPTEMBER
Sentencing Similarities – HSE v Environment

18. ASHFORDS LLP. LOW CARBON SOUTH WEST. TUESDAY 20TH SEPTEMBER
Understanding
your data
protection
obligations!

19. ASHFORDS LLP. LOW CARBON SOUTH WEST. TUESDAY 20TH SEPTEMBER
Does the DPA apply to you?
1. ‘Personal Data’
2. ‘Processing’
3. Your obligations as a ‘Data Controller’

20. ASHFORDS LLP. LOW CARBON SOUTH WEST. TUESDAY 20TH SEPTEMBER
The Eight Data Protection Principles
Personal Data must be:
• Fairly and lawfully processed
• Processed for limited purposes
• Adequate, relevant and not excessive
• Accurate and up to date
• Not kept for longer than is necessary
• Processed in line with a data subjects rights
• Secure
• Not transferred to other countries without adequate protection

21. ASHFORDS LLP. LOW CARBON SOUTH WEST. TUESDAY 20TH SEPTEMBER

22. ASHFORDS LLP. LOW CARBON SOUTH WEST. TUESDAY 20TH SEPTEMBER

23. ASHFORDS LLP. LOW CARBON SOUTH WEST. TUESDAY 20TH SEPTEMBER
Intellectual property

24. ASHFORDS LLP. LOW CARBON SOUTH WEST. TUESDAY 20TH SEPTEMBER
Questions?

25. Business sales
Practical tips on planning for a sale
September 2016

26. ASHFORDS LLP. LOW CARBON SOUTH WEST. TUESDAY 20TH SEPTEMBER
What are your main objectives?
• Get maximum value for sellers out of Sale
• Reduce risk to sellers (legal, commercial)
• Closing the deal!

27. ASHFORDS LLP. LOW CARBON SOUTH WEST. TUESDAY 20TH SEPTEMBER
Getting the right advice
Key advisors:
• Corporate Finance
• Tax
• Legal

28. ASHFORDS LLP. LOW CARBON SOUTH WEST. TUESDAY 20TH SEPTEMBER
Getting the right advice
Look for right blend of:
• Sector experience
• Chemistry
• Value

29. ASHFORDS LLP. LOW CARBON SOUTH WEST. TUESDAY 20TH SEPTEMBER
When to start the sale process
• Start early
• Anticipate key issues, be proactive, not
reactive
• Understand timescales, manage
workstreams

30. ASHFORDS LLP. LOW CARBON SOUTH WEST. TUESDAY 20TH SEPTEMBER
Summary
• Focus on objectives
• Start process early
• Build right advisory team
• Get organised

31. ASHFORDS LLP. LOW CARBON SOUTH WEST. TUESDAY 20TH SEPTEMBER
Questions?