A client identified themselves as the Principal Contractor on the F10. They then source a ‘Management Company’ and delegate the duties under contractual terms. I find this trend to be more frequent particularly in the oil & gas, power and nuclear sectors. Particularly in the nuclear sector where the client states that under Nuclear Licence they have responsibility to manage the site. If this is the case they should employ their own team to manage the construction works, in my opinion. However this differs from site to site. Some let the PC get on with it, others make the PC work to the client's procedures and standards. Obviously the ‘Management Company’ has duties under CDM as a contractor and under HSWA. When a client identified themselves as the Principal Contractor on the F10 but then delegated the duties through a contract to a ‘Management Company’ who stands in the dock under criminal law?

It is permissible and preferable to formally transfer the role and to resubmit the F10 accordingly.

Yes that's exactly what I concluded. Breach of contract is civil matter, named PC is the duty holder and would be subject to criminal law. In most cases I have come across the client is also the CDMC. I was shown a document recently where the HSE wrote to a nuclear establishment and warned them about ensuring competency of their employees (as PC) including allowing them time and resources to undertake the role. Scary to think that big players are acting like this, especially in a nuclear licenced site. environment.