The Construction (Design and Management) Regulations (Northern Ireland) 2016

3The main changes from the 2007 Regulations are—aThese Regulations apply to all clients of construction projects, whether or not a person is acting in the course or furtherance of a business (regulation 2(1)).bPre-construction archaeological investigations are not included within the scope of the definition of construction work (regulation 2(1)).cThe role of CDM co-ordinator has been removed and various duties have been recast including client duties (regulation 4) and general duties (regulation 8).dA client is required to appoint a principal designer as well as a principal contractor in any project where there is, or it is reasonably foreseeable that there will be, more than one contractor working on the project (regulation 5). Under the 2007 Regulations appointments for similar roles were required for notifiable projects.eThe duty to notify now lies with a client and the threshold for notification is raised (regulation 6).fIf a client is a domestic client, most of their duties will be carried out by the contractor, principal contractor, or principal designer (regulation 7).gThe duties of the principal designer are set out in regulations 11 and 12.hModified duties of the principal contractor are set out in regulation 12 to 14.iModified duties of contractors and are set out in regulation 15.jTransitional provisions are set out in Schedule 5.

4The key changed role in these Regulations from the 2007 Regulations is that of the principal designer. This role fulfils the function of a safety and health coordinator for the project preparation stage as required by Article 3.1 of the Directive which was previously carried out by the role of CDM co-ordinator. The principal designer has more a central role in the project than that of a CDM co-ordinator as they must be a designer with control over the pre-construction phase of the project (regulation 5(1)(a)). The pre-construction phase includes all design and preparation work for the construction project (regulation 2(1)). The principal designer is required to coordinate all health and safety matters relating to the pre-construction phase alongside the overall planning, management and monitoring of the pre-construction phase of the project (regulation 11(1)).

5Schedule 5 provides transitional provisions for existing projects. Where an existing project has a CDM co-ordinator, a principal designer must be appointed within twelve months of the date these Regulations come into operation unless the project ends before that date (paragraph 4 of Schedule 5). During the interim period the existing CDM co-ordinator must fulfil the duties in paragraph 5 of Schedule 5.

6The principal contractor role fulfils the role of safety and health coordinator for the project execution stage as required by Article 3.1 of the Directive. The core duties of the principal contractor have only minor modifications from those imposed under the 2007 Regulations and a principal contractor who has been appointed to an existing project under the 2007 Regulations will be treated as if they had been appointed as a principal contractor under these Regulations (paragraph 8 of Schedule 5).

7In Great Britain the corresponding Regulations are the Construction (Design and Management) Regulations 2015 (S.I. 2015/51). The Great Britain Health and Safety Executive has prepared a full impact assessment in relation to those Regulations. A copy of that assessment together with a Northern Ireland supplement prepared by the Health and Safety Executive for Northern Ireland is held at the offices of that Executive at 83 Ladas Drive, Belfast, BT6 9FR, from where a copy may be obtained on request. A copy of the transposition note in relation to the implementation of the Directive set out in paragraph 1 can also be obtained from the same address. Copies of both these documents are annexed to the Explanatory Memorandum which is available alongside these Regulations at www.legislation.gov.uk.

8A person who contravenes the Regulations is guilty of an offence under Article 31 of the Health and Safety at Work (Northern Ireland) Order 1978 and is liable—aon summary conviction to imprisonment for a term not exceeding six months, or a fine not exceeding £20,000, or both; orbon conviction on indictment to imprisonment for a term not exceeding two years, or a fine, or both.

Footnotes

[^f00001]: Formerly the Department of Economic Development; see S.I. 1999/283 (N.I. 1), Article 3(5); that Department was formerly the Department of Manpower Services; see S.I. 1982/846 (N.I. 11), Article 3

[^f00002]: See Article 2(2) of S.I. 1978/1039 (N.I. 9)

[^f00003]: Article 17 shall be read with S.I. 1992/1728 (N.I. 17), Articles 3(2) and 4(2)

[^f00004]: S.I. 1978/1039 (N.I. 9): the general purposes of Part II referred to in Article 17(1) were extended by S.I. 1992/1728 (N.I. 17), Articles 3(1) and 4(1). Article 55(2) was amended by S.I. 1998/2795 (N.I. 18), Article 6(1) and Schedule 1, paragraph 19

[^f00005]: Article 13(1) was substituted by S.I. 1998/2795 (N.I. 18), Article 4

[^f00006]: Article 46(3) was amended by S.I. 1998/2795 (N.I. 18), Article 6(1) and Schedule 1, paragraphs 8 and 18

[^f00007]: S.R. 2001 No. 348, as amended by S.R. 2003 No. 152, S.R. 2003 No. 454 and S.R. 2007 No. 291

[^f00008]: S.I. 2008/2852, as amended by S.I. 2009/716, S.R. 2009 No. 238, S.I. 2010/1513, S.I. 2011/3058, S.I. 2012/632, S.I. 2013/119, S.I. 2013/755, S.I. 2013/1948, S.I. 2013/2919, S.I. 2014/469, S.I. 2014/1638, S.R. 2014 No. 224, S.I. 2014/2882, S.I. 2014/3248, S.I. 2015/21, S.I. 2015/51, S.R. 2015 No. 223, S.I. 2015/1682 and S.R. 2015 No. 339; revoked in part by S.I. 2009/716 and S.R. 2009 No. 238

[^f00009]: S.R. 2007 No. 291, as amended by S.R. 2012 No. 179

[^f00010]: S.R. 2000 No. 388, as amended by S.R. 2001 No. 348, S.R. 2003 No. 454, S.R. 2006 No. 255, S.R. 2011 No. 350 and S.R. 2015 No. 265: revoked in part by S.R. 2007 No. 291

[^f00011]: 1964 c. 29; section 1 was amended by the Oil and Gas (Enterprise) Act 1982 (1982 c. 23), Schedule 3, paragraph 1 and by the Energy Act 2011 (c. 16), section 103

[^f00012]: S.R. 1993 No. 37, regulation 2(1) was amended by S.R. 1995 No. 378, regulation 11(2), S.R. 2003 No. 423, regulation 6(a) and (b) and S.R. 2006 No. 205, regulation 42(2) and Schedule 2, Part 2; there are other amendments not relevant to these Regulations

[^f00013]: S.R. 2006 No. 1254 (N.I. 9), as amended by S.R. 2006 No. 257 (C.15), S.I. 2006/3336 (N.I. 21), S.R. 2007 No. 194 (C. 11), 2008 c. 9, S.R. 2010 No. 325, S.R. 2010 No. 328 (C. 20), S.I. 2012/2404 and S.I. 2013/602

[^f00014]: S.R. 1991 No. 446, as amended by S.R. 1992 No. 413, S.R. 1999 No. 150, S.R. 2001 No. 436, S.R. 2003 No. 152 and S.R. 2015 No. 265

[^f00015]: S.R. 2005 No. 45, as amended by S.R. 2007 No. 247

[^f00016]: 1969 c. 6 (N.I.)

[^f00017]: S.R. 2000 No. 375, as amended by S.R. 2001 No. 436, S.R. 2006 No. 205 and revoked in part by S.R. 2001 No. 436, S.R. 2003 No. 510 and S.R. 2003 No. 533

[^f00018]: 1965 c. 20, as amended by S.R. 1996 No. 510 and S.R. 2007 No. 291; there are other amendments not relevant to these Regulations

[^f00019]: S.R. 1993 No. 37, as amended by S.R. 1995 No. 378, S.R. 1996 No. 510, S.R. 2003 No. 423, S.R. 2006 No. 205, S.R. 2007 No. 291 and S.R. 2015 No. 223; revoked in part by S.R. 2003 No. 152 and S.R. 2005 No. 279

[^f00020]: S.R. 1997 No. 455, as amended by S.R. 1998 No. 375, S.R. 1999 No. 150, S.R. 2000 No. 375, S.R. 2001 No. 436, S.R. 2004 No. 196, S.R. 2005 No. 45, S.R. 2006 No. 173, S.R. 2006 No. 205, S.R. 2006 No. 425, S.R. 2007 No. 247 and S.R. 2010 No. 160; revoked in part by S.R. 2006 No. 425

[^f00021]: S.R. 1999 No. 90, as amended by S.R. 2000 No. 375, S.R. 2003 No. 33, S.R. 2006 No. 205, S.R. 2006 No. 425, S.R. 2007 No. 31, S.R. 2007 No. 291, S.R. 2009 No. 238, S.R. 2012 No. 179, S.R. 2014 No. 224, S.R. 2015 No. 223 and S.R. 2015 No. 265

[^f00022]: S.R. 1999 No. 305, as amended by S.I. 1999/2001, S.R. 2000 No. 87, S.1. 2001/1701, S.R. 2003 No. 423, S.I. 2004/129, S.R. 2005 No. 279, S.R. 2005 No. 397, S.R. 2006 No. 1, S.R. 2007 No. 31, S.R. 2007 No. 291, S.R. 2008 No. 422, S.I. 2011/2157 and S.R. 2012 No. 179; revoked in part by S.R. 2007 No. 291 and S.R. 2015 No. 223

[^f00023]: S.R. 2001 No. 348, as amended by S.R. 2003 No. 152, S.R. 2003 No. 454 and S.R. 2007 No. 291

[^f00024]: S.R. 2004 No. 63, as amended by S.R. 2006 No. 205 and S.R. 2007 No. 291

[^f00025]: S.R. 2004 No. 241, as amended by S.R. 2005 No. 45 and S.R. 2007 No. 291

[^f00026]: S.R. 2005 No. 279, as amended by S.R. 2007 No. 135, S.R. 2007 No. 291 and S.R. 2015 No. 223; revoked in part by S.R. 2007 No. 291 and S.R. 2015 No. 223

[^f00027]: S.I. 2008/2852, as amended by S.I. 2009/716, S.R. 2009 No. 238, S.I. 2010/1513, S.I. 2011/3058, S.I. 2012/632, S.I. 2013/119, S.I. 2013/755, S.I. 2013/1948, S.I. 2013/2919, S.I. 2014/469, S.I. 2014/1638, S.R. 2014 No. 224, S.I. 2014/2882, S.I. 2014/3248, S.I. 2015/21, S.I. 2015/51, S.R. 2015 No. 223, S.I. 2015/1682 and S.R. 2015 No. 339; revoked in part by S.I. 2009/716 and S.R. 2009 No. 238

In regulation 3(1)(b) for “Construction (Design and Management) Regulations (Northern Ireland) 2007” substitute “ Construction (Design and Management) Regulations (Northern Ireland) 2016 ”

Editorial notes

[^c22843611]: Formerly the Department of Economic Development; see S.I. 1999/283 (N.I. 1), Article 3(5); that Department was formerly the Department of Manpower Services; see S.I. 1982/846 (N.I. 11), Article 3

[^c22843621]: See Article 2(2) of S.I. 1978/1039 (N.I. 9)

[^c22843631]: Article 17 shall be read with S.I. 1992/1728 (N.I. 17), Articles 3(2) and 4(2)

[^c22843641]: S.I. 1978/1039 (N.I. 9): the general purposes of Part II referred to in Article 17(1) were extended by S.I. 1992/1728 (N.I. 17), Articles 3(1) and 4(1). Article 55(2) was amended by S.I. 1998/2795 (N.I. 18), Article 6(1) and Schedule 1, paragraph 19

[^c22843651]: Article 13(1) was substituted by S.I. 1998/2795 (N.I. 18), Article 4

[^c22843661]: Article 46(3) was amended by S.I. 1998/2795 (N.I. 18), Article 6(1) and Schedule 1, paragraphs 8 and 18

[^c22843671]: S.R. 2001 No. 348, as amended by S.R. 2003 No. 152, S.R. 2003 No. 454 and S.R. 2007 No. 291

[^c22843681]: S.I. 2008/2852, as amended by S.I. 2009/716, S.R. 2009 No. 238, S.I. 2010/1513, S.I. 2011/3058, S.I. 2012/632, S.I. 2013/119, S.I. 2013/755, S.I. 2013/1948, S.I. 2013/2919, S.I. 2014/469, S.I. 2014/1638, S.R. 2014 No. 224, S.I. 2014/2882, S.I. 2014/3248, S.I. 2015/21, S.I. 2015/51, S.R. 2015 No. 223, S.I. 2015/1682 and S.R. 2015 No. 339; revoked in part by S.I. 2009/716 and S.R. 2009 No. 238

[^c22843691]: S.R. 2007 No. 291, as amended by S.R. 2012 No. 179

[^c22843701]: S.R. 2000 No. 388, as amended by S.R. 2001 No. 348, S.R. 2003 No. 454, S.R. 2006 No. 255, S.R. 2011 No. 350 and S.R. 2015 No. 265: revoked in part by S.R. 2007 No. 291

[^c22843711]: 1964 c. 29; section 1 was amended by the Oil and Gas (Enterprise) Act 1982 (1982 c. 23), Schedule 3, paragraph 1 and by the Energy Act 2011 (c. 16), section 103

[^c22843721]: S.R. 1993 No. 37, regulation 2(1) was amended by S.R. 1995 No. 378, regulation 11(2), S.R. 2003 No. 423, regulation 6(a) and (b) and S.R. 2006 No. 205, regulation 42(2) and Schedule 2, Part 2; there are other amendments not relevant to these Regulations

[^c22843731]: S.R. 2006 No. 1254 (N.I. 9), as amended by S.R. 2006 No. 257 (C.15), S.I. 2006/3336 (N.I. 21), S.R. 2007 No. 194 (C. 11), 2008 c. 9, S.R. 2010 No. 325, S.R. 2010 No. 328 (C. 20), S.I. 2012/2404 and S.I. 2013/602

[^c22843741]: S.R. 1991 No. 446, as amended by S.R. 1992 No. 413, S.R. 1999 No. 150, S.R. 2001 No. 436, S.R. 2003 No. 152 and S.R. 2015 No. 265

[^c22843751]: S.R. 2005 No. 45, as amended by S.R. 2007 No. 247

[^c22843761]: 1969 c. 6 (N.I.)

[^c22843781]: 1965 c. 20, as amended by S.R. 1996 No. 510 and S.R. 2007 No. 291; there are other amendments not relevant to these Regulations

[^c22843791]: S.R. 1993 No. 37, as amended by S.R. 1995 No. 378, S.R. 1996 No. 510, S.R. 2003 No. 423, S.R. 2006 No. 205, S.R. 2007 No. 291 and S.R. 2015 No. 223; revoked in part by S.R. 2003 No. 152 and S.R. 2005 No. 279

[^c22843801]: S.R. 1997 No. 455, as amended by S.R. 1998 No. 375, S.R. 1999 No. 150, S.R. 2000 No. 375, S.R. 2001 No. 436, S.R. 2004 No. 196, S.R. 2005 No. 45, S.R. 2006 No. 173, S.R. 2006 No. 205, S.R. 2006 No. 425, S.R. 2007 No. 247 and S.R. 2010 No. 160; revoked in part by S.R. 2006 No. 425

[^c22843811]: S.R. 1999 No. 90, as amended by S.R. 2000 No. 375, S.R. 2003 No. 33, S.R. 2006 No. 205, S.R. 2006 No. 425, S.R. 2007 No. 31, S.R. 2007 No. 291, S.R. 2009 No. 238, S.R. 2012 No. 179, S.R. 2014 No. 224, S.R. 2015 No. 223 and S.R. 2015 No. 265

[^c22843821]: S.R. 1999 No. 305, as amended by S.I. 1999/2001, S.R. 2000 No. 87, S.1. 2001/1701, S.R. 2003 No. 423, S.I. 2004/129, S.R. 2005 No. 279, S.R. 2005 No. 397, S.R. 2006 No. 1, S.R. 2007 No. 31, S.R. 2007 No. 291, S.R. 2008 No. 422, S.I. 2011/2157 and S.R. 2012 No. 179; revoked in part by S.R. 2007 No. 291 and S.R. 2015 No. 223

[^c22843831]: S.R. 2001 No. 348, as amended by S.R. 2003 No. 152, S.R. 2003 No. 454 and S.R. 2007 No. 291

[^c22843841]: S.R. 2004 No. 63, as amended by S.R. 2006 No. 205 and S.R. 2007 No. 291

[^c22843851]: S.R. 2004 No. 241, as amended by S.R. 2005 No. 45 and S.R. 2007 No. 291

[^c22843861]: S.R. 2005 No. 279, as amended by S.R. 2007 No. 135, S.R. 2007 No. 291 and S.R. 2015 No. 223; revoked in part by S.R. 2007 No. 291 and S.R. 2015 No. 223

[^c22843871]: S.I. 2008/2852, as amended by S.I. 2009/716, S.R. 2009 No. 238, S.I. 2010/1513, S.I. 2011/3058, S.I. 2012/632, S.I. 2013/119, S.I. 2013/755, S.I. 2013/1948, S.I. 2013/2919, S.I. 2014/469, S.I. 2014/1638, S.R. 2014 No. 224, S.I. 2014/2882, S.I. 2014/3248, S.I. 2015/21, S.I. 2015/51, S.R. 2015 No. 223, S.I. 2015/1682 and S.R. 2015 No. 339; revoked in part by S.I. 2009/716 and S.R. 2009 No. 238

[^key-e2d293911e4a513617480259005cc8bf]: Words in Sch. 4 para. 3 substituted (1.1.2018) by The Ionising Radiations Regulations (Northern Ireland) 2017 (S.R. 2017/229), reg. 1, Sch. 9 para. 11 (with reg. 41, Sch. 8)