Rank: Guest 
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Did you know that if you have a designer outside GB the duties defer to the Client. However they appear to have forgotten to stipulate you have to a UK based client. Of course this will not surprise a great many people who think abolition of the CDMC role is idiocy.
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Rank: Super forum user 
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What is your point?
The designer duties don't 'defer to the Client', whatever that means. The person commissioning the work if in GB), or any client for the work (if not) becomes responsible for ensuring the reg 11 duties are complied with.
What make you think someone has forgotten something? What makes you think you have to have a UK client (assuming that's what you meant to type)?
Also, how do you think abolition or otherwise of the CDMC role affects any of this? The CDMC doesn't decide who is responsible for ensuring that duties are satisfied. Having a CDMC or not doesn't relieve anyone of their duties, or add any duties, or avoid anyone ignoring their duties.
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Rank: Guest
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I am afraid Designer duties do default to the Client if the Designer is outside Great Britain. However the very same regulations do not stipulate that a Client has to be in GB therefore it is a nonsense.
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Rank: Super forum user
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BJC wrote:I am afraid Designer duties do default to the Client if the Designer is outside Great Britain. However the very same regulations do not stipulate that a Client has to be in GB therefore it is a nonsense.
Do I take it that when you wrote 'defer' you meant 'default'?
The responsibility for ensuring that the designer's duties are satisfied falls to the client when the designer is outside GB. The regulations do not stipulate the geographic location of any party, so why do you say that it's nonsense that they don't stipulate the location of the client?
They don't stipulate that the designer be GB-based. They don't stipulate that the CDMC be GB-based. They don't stipulate that the PC be GB-based. Why is it nonsense that they don't stipulate that the client be GB based?
Are you really claiming that it should be illegal for any organisation to commission any construction work in Great Britain unless they are GB-based? That would be a peculiar law.
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Rank: Guest
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Defer is a homonym, I used it to mean entrust rather than its commoner use procrastinate. So when a designer is out of the UK those duties are entrusted to the client.
Moving on with your confusion; what is point of designer duties defaulting to the client if they are also in foreign lands. I suggest none therefore my erudite friend it is indeed a peculiar law.
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Rank: Super forum user
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BJC wrote:
Moving on with your confusion; what is point of designer duties defaulting to the client if they are also in foreign lands. I suggest none therefore my erudite friend it is indeed a peculiar law.
Being foreign doesn't absolve you of complying with UK law when doing things in the UK. If you're foreign and you buy a house in the UK you don't get to ignore planning law, for example. You don't get to avoid paying the electricity bill, or property taxes or anything else.
There is absolutely no problem or difficulty or incompatibility at all with requiring foreign clients to comply with UK law for work carried out in the UK. It's not remotely peculiar. There's certainly no reason to regard it as a mistake.
Are you going to pretend "I suggest none therefore my erudite friend" parses into English too? Defer doesn't mean 'entrust', it means either delay, or yield to (as in deferential).
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Rank: Guest
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I am not going to argue the various meanings of defer particularly if you do not understand my point.
They wish someone to be culpable within the design team as dare I say its easier to prosecute someone from Aldershot than someone from Angola. They clearly forgot to insist the Client has a UK base making prosecution just as difficult and the default pointless if they to are also say in Angola.
So actually foreign clients can get away with a cavalier attitude to safety compared to their UK counterparts. Therefore the only subject that is not parsing is your logic.
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