Rank: Forum user
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Hi, Im overseeing the H&S for the Client for a large demolition project. Whilst no actual demolition has begun yet, the building is currently undergoing asbestos surveys etc, in preparation for the demolition. Principal Contractor has been appointed and the building is due to be handed over as soon as the surveys are complete.
My question is should we plan to comply with the new or old CDM??
Obviously as the Client our role will change under the new regs.
Thanks
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Rank: Forum user
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The new regs aren't law yet & won't come into being (assuming they're passed) until 6th April - so I'd say legally we still have to comply with the existing regs.
From memory there's a 6 month transition period......
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Rank: Super forum user
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The CDM 2015 regulations are now law and will be coming into force on the 6th April 2015. You will have to comply with the new regulations but there are transitional arrangements in schedule 4 for existing projects. You need to read them but they do set out duties similar but not exactly to that in the CDM 2007 regulations.
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Rank: Super forum user
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Projects with an existing CDM co-ordinator
4.—(1) This paragraph and paragraphs 5 and 6 apply where, immediately before 6th April 2015, 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 must appoint in writing a principal designer for the project before 6th October 2015 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 must 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.
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Rank: Super forum user
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Palmer20061 wrote:The new regs aren't law yet & won't come into being (assuming they're passed) until 6th April - so I'd say legally we still have to comply with the existing regs.
From memory there's a 6 month transition period...... Correct. You should comply with existing regs up until April and then by the end of 6 month period you should be compliant with the new regs.
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Rank: Forum user
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The transitional arrangements only apply to CDM-C's who were appointed before 6 April, where they will continue with the role albeit slightly different until October.
The new regs come into force in April, there is no grace period other than above. Therefore, if a CDM-C has not been appointed for example before 6 April, then a Principal Designer will need to be appointed. Assuming that there is more than one contractor.
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