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

• (9) Where a client, other than a domestic client, fails to appoint a principal contractor under sub-paragraph (4) the client shall fulfil the duties of the principal contractor specified in these Regulations, as modified by this paragraph.

• (10) Where the client is a domestic client—

• (a) regulation 7(2) does not apply; and

• (b) if the client fails to appoint a principal contractor under sub-paragraph (4) the principal contractor for the project is the contractor in control of the construction phase.

Projects with an existing CDM co-ordinator

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• (1) This paragraph and paragraphs 5 and 6 apply where, immediately before 1st August 2016, there is a CDM co-ordinator appointed for a relevant project.

• (2) Where this paragraph applies, the appointment of the CDM co-ordinator continues to have effect for the purposes of these Regulations until a principal designer is appointed or the project comes to an end.

• (3) The client shall appoint in writing a principal designer for the project before 1st August 2017 unless the project comes to an end on or before that date.

• (4) Where the appointment of a CDM co-ordinator continues to have effect under sub-paragraph (2)—

• (a) the CDM co-ordinator shall comply with the duties in paragraph 5;

• (b) the duties in regulations 9(3)(b) and 12(7) to provide information to the principal designer are treated as duties to provide information to the CDM co-ordinator; and

• (c) the duty in regulation 13(5) to liaise with the principal designer is treated as a duty to liaise with the CDM co-ordinator.

Duties of CDM co-ordinator during transitional period

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• (1) The CDM co-ordinator shall—

• (a) cooperate with any person working on or in relation to a project at the same or an adjoining construction site, to the extent necessary to enable any person with a duty or function under these Regulations to fulfil that duty or function;

• (b) where the CDM co-ordinator works under the control of another, report to that person anything they are aware of in relation to the project which is likely to endanger their own health or safety or that of others;

• (c) ensure that suitable arrangements are made and implemented for the coordination of health and safety measures during the planning and preparation for the construction phase, including facilitating—

• (i) cooperation and coordination between all persons working on the pre-construction phase of the project; and

• (ii) the application of the general principles of prevention;

• (d) liaise with the principal contractor over—

• (i) the content of the health and safety file;

• (ii) the information which the principal contractor needs to prepare the construction phase plan; and

• (iii) any design development which may affect planning and management of the construction work;

• (e) where no or partial pre-construction information has been supplied to the CDM co-ordinator by the client under regulation 10 of the 2007 Regulations, assist the client to comply with regulation 4(4) of these Regulations;

• (f) unless the information has already been provided under regulation 20(2)(b) of the 2007 Regulations, provide any pre-construction information that is in the possession or control of the CDM co-ordinator, promptly and in a convenient form, to every designer and contractor appointed, or being considered for appointment, to the project;

• (g) take all reasonable steps to ensure that designers comply with their duties under regulation 9 of these Regulations;

• (h) take all reasonable steps to ensure cooperation between designers and the principal contractor during the construction phase in relation to any design or change to a design;

• (i) if a health and safety file has not been prepared under regulation 20(2)(e) of the 2007 Regulations, prepare a health and safety file that complies with the requirements of regulation 12(5) of these Regulations;

• (j) review, update and revise the health and safety file from time to time to take account of the work and any changes that have occurred;

• (k) if the CDM co-ordinator's appointment continues to have effect immediately before the project ends, pass the health and safety file to the client at the end of the project;

• (l) if a principal designer is appointed, pass the health and safety file and all other relevant health and safety information in the CDM co-ordinator's possession to the principal designer, as soon as is practicable after the appointment.

• (2) The CDM co-ordinator shall not arrange for or instruct a worker to carry out or manage design or construction work unless the worker is competent or under the supervision of a competent person.

Duties disapplied pending appointment of principal designer

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• (1) The duties in regulations 5(1)(a) and (3) do not apply to a project referred to in paragraph 4(1).

• (2) The following duties do not apply to a project referred to in paragraph 4(1) until the principal designer is appointed—

• (a) the duties in regulation 4(5)(b) and (6)(a);

• (b) the duties of the principal designer in regulations 11 and 12(3), (5), (6), (8) and (10).

• (3) If a client fails to make the appointment required by paragraph 4(3) the client shall fulfil the duties of a principal designer in regulations 11 and 12 on and after 1st August 2017.

Projects with only one contractor

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Where a relevant project has only one contractor and the construction phase has started, the contractor shall draw up a construction phase plan, or make arrangements for a construction phase plan to be drawn up, under regulation 15(5) and (6) as soon as is practicable after 1st August 2016 and the requirement that the plan shall be drawn up prior to setting up a construction site is disapplied.

Savings

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• (1) Where, immediately before 1st August 2016 there is a principal contractor appointed for a relevant project under regulation 14(2) of the 2007 Regulations, for the purposes of these Regulations that principal contractor is treated on and after 1st August 2016 as having been appointed under regulation 5(1)(b) of these Regulations.

• (2) For the purposes of these Regulations, on and after 1st August 2016—

• (a) a health and safety file prepared for a relevant project under regulation 20(2)(e) of the 2007 Regulations is treated as a health and safety file prepared under regulation 12(5) of these Regulations;

• (b) a construction phase plan drawn up for a relevant project under regulation 23 of the 2007 Regulations is treated as a construction phase plan drawn up under regulation 12(1) or 15(5) of these Regulations;

• (c) pre-construction information provided for a relevant project under regulation 10 of the 2007 Regulations is treated as pre-construction information provided under regulation 4(4) of these Regulations;

• (d) notice given for a relevant project under regulation 21 of the 2007 Regulations is treated as notice given under regulation 6 of these Regulations

SCHEDULE 6 — AMENDMENTS

Signed

Sealed with the Official Seal of the Department of Enterprise, Trade and Investment on 11th March 2016.

Jackie Kerr — A senior officer of the — Department of Enterprise, Trade and Investment

Explanatory note

(This note is not part of the Regulations)

1These Regulations revoke and re-enact, with modifications, the Construction (Design and Management) Regulations (Northern Ireland) 2007 (S.R. 2007 No. 291) (the “2007 Regulations”). They implement in Northern Ireland the requirements of Directive 92/57/EEC (O.J. No. L245, 26.8.92, p6) (“the Directive”) on the implementation of minimum safety and health requirements at temporary or mobile construction sites (eighth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC), except certain technical requirements in the annexes to the Directive which are implemented by other health and safety regulations relating to specific hazards or circumstances. These include the Work at Height Regulations (Northern Ireland) 2005 (S.R. 2005 No. 279) and the Workplace (Health, Safety and Welfare) Regulations (Northern Ireland) 1993 (S.R. 1993 No. 37).

2Part 2 sets out the client duties under the Regulations. Part 3 provides for various health and safety duties and roles, namely general duties, the duties of the principal designer, principal contractor, designers and contractors. Part 4 provides the general requirements for all construction sites which remain largely unchanged from the 2007 Regulations. Part 5 sets out the general provisions including civil liability.

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

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