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J0L0  
#1 Posted : 05 March 2015 13:22:04(UTC)
Rank: Forum user
J0L0

Potential scenario: Organisation A is owner of a plant which ceased operation e.g. old factory. Organisation B, buys the part of equipment from Organisation A. As part of contractual agreements Organisation B will be responsible for deinstallation of bought equipment (this could be notifiable under CDM 2007). However, project is already notified by Organisation A under F10 due to the previously decommissioning phase and redevelopment phase starting in next 6 months. At the moment there is no activities on site, other then minimal preservation (no contractors involved). a) Can/Should deinstallation of the equipment be notified as new project via F10 or project should be covered under already notified project via F10? b) Who will be seen as Client under CDM 2007 Regulations i.e. Organisation A - owner of the premises and previous owner the equipment or Organisation B - for whom the project is now carried out as they bought equipment? What additional information should be considered to clarify this? Thanks
paulw71  
#2 Posted : 05 March 2015 14:24:05(UTC)
Rank: Super forum user
paulw71

From the information given I would suggest the following. A) yes deinstallation of equipment should be notified as a new project. B) I would consider organisation B who have bought equipment and removing it to be the Client for the project. I would suggest a letter from Org B stating that they are happy to be the Client under CDM and are aware of their responsibilities as such. I am assuming there is also some form of contractual arrangement in place between the two organisations that demonstrates the relationship. Regards
Gav81  
#3 Posted : 05 March 2015 14:41:10(UTC)
Rank: Forum user
Gav81

IMHO The existing F10 would suffice as removal of machinery etc would be part of the decommissioning phase. As the removal of machinery would be part of the decommissioning phase I would say that Org A in this instance would be the client. They are owners of the premises and it is their machinery that has been sold for removal. The removal of the machinery is necessary task as part of redevelopment, the company that bought the machine would be appointed as a contractor as part of the project. So you would need to ensure that they are competent.
Gav81  
#4 Posted : 05 March 2015 14:41:21(UTC)
Rank: Forum user
Gav81

IMHO The existing F10 would suffice as removal of machinery etc would be part of the decommissioning phase. As the removal of machinery would be part of the decommissioning phase I would say that Org A in this instance would be the client. They are owners of the premises and it is their machinery that has been sold for removal. The removal of the machinery is necessary task as part of redevelopment, the company that bought the machine would be appointed as a contractor as part of the project. So you would need to ensure that they are competent.
paulw71  
#5 Posted : 05 March 2015 15:07:31(UTC)
Rank: Super forum user
paulw71

Gav81 wrote:
IMHO The existing F10 would suffice as removal of machinery etc would be part of the decommissioning phase. As the removal of machinery would be part of the decommissioning phase I would say that Org A in this instance would be the client. They are owners of the premises and it is their machinery that has been sold for removal. The removal of the machinery is necessary task as part of redevelopment, the company that bought the machine would be appointed as a contractor as part of the project. So you would need to ensure that they are competent.
I am afraid I would disagree. Just because they are owners of the premises does not automatically make them the Client under CDM. Many CDM projects take place in factories for companies that merely rent the premises. Nor does the machinery belong to them anymore. The HSE suggest that more often that the organisation that is commissioning and paying for the works will be the Client. I am assuming organisation A merely owns the building and is not paying for the equipment removal nor playing any part in the organisation, procurement of a company to do so. Ultimatley there is nothing to stop either organisation acting as Client if they so wish but IMHO and from the info provided I would suggest it sits better with organisation B.
J0L0  
#6 Posted : 05 March 2015 15:08:50(UTC)
Rank: Forum user
J0L0

Thank you for your comments. Gav81, Additional implication is that Organisation A does not have any contractual reliationship with the company dismantling the plant (Organisation B does that and equipment was already sold). Thus, the earliest when Organisation A can check competencies is when contractor arrives on site (in practice).
Gav81  
#7 Posted : 05 March 2015 16:23:05(UTC)
Rank: Forum user
Gav81

J0L0 wrote:
Potential scenario: As part of contractual agreements Organisation B will be responsible for deinstallation of bought equipment (this could be notifiable under CDM 2007). JOLO - Who does organisation B have a contractual agreement with to remove the machinery?
Gav81  
#8 Posted : 05 March 2015 16:24:34(UTC)
Rank: Forum user
Gav81

J0L0 wrote:
Potential scenario: As part of contractual agreements Organisation B will be responsible for deinstallation of bought equipment (this could be notifiable under CDM 2007). JOLO - Who does organisation B have the contractual agreement with to remove the machinery?
J0L0  
#9 Posted : 06 March 2015 09:50:27(UTC)
Rank: Forum user
J0L0

Gav81 wrote:
J0L0 wrote:
JOLO - Who does organisation B have the contractual agreement with to remove the machinery?
Gav81, With Organisation C. Organisation A does not have any involvement in procurement process.
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