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This article looks briefly at the proposed changes to the CDM Regulations 2007 and provides an update on the progress of the new Public Procurement Regulations (as discussed in our April 2014 edition) through Parliament.
Changes to the Construction (Design and Management) Regulations 2007
Following the publication of a draft regulatory package by the Health & Safety Executive, changes to the Construction (Design and Management) Regulations 2007 ("CDM 2007") are on the horizon. Although new legislation is not expected until April 2015 at the earliest, and further drafts are possible, it is expected that there will be no transitional arrangement allowances and already existing projects will automatically fall under the new regulations. This will require clients to plan for the implementation of a number of significant changes in advance.
The changes proposed in the draft CDM regulations include:
- Simplifying the current structure of the CDM 2007 so as to make them more straightforward, linear and easier to navigate and understand.
- The replacement of the current Approved Code of Practice with a suite of tailored guidance that will explain what is required to be done to comply with the law and provide template documents.
- A replacement of the CDM-C role with a new role of 'principle designer'.
- Removal of the explicit competence requirements and replacing with a specific requirement for appropriate skills.
- Revocation of the exemption applying to domestic clients with the Principal Contractor assuming domestic client duties.
- Alteration of the thresholds for the appointment of coordinators.
These changes will affect all projects that are ongoing when the new regulations come into force (whether that is current projects that are still running, or new projects started after April 2015) and therefore consideration needs to be given to what effects, if any, the new regulations will have for you.
New Public Procurement Regulations - Where are they now?
Following our update in April 2014 on the implementation of three new Public Procurement Directives that came into force on 17 April 2014, we have now received an update on the implementation of these Directives into English law.
We have been following the progress of the implementation and understand that an initial draft of the regulations has been produced and is expected to be released for public consultation later this summer. It is understood that the government's original timescale of implementation by the end of this year is still possible, although implementation is not expected to be any earlier than December 2014, and this is subject to amendment following any issues that may arise during the consultation process.
We will keep you up to date of any further progress as and when it becomes available.