Rank: Super forum user 
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Morning All,
Here's the scenario - I am a governor of a large secondary school that converted to Academy Status around a year ago. There is now a discussion, and that is all it is, around whether the LEA might "take" the asbestos register as they initially created it.....
My thoughts are; if they do take the register then we will simply copy it and continue. There are no technical issues with the register, it's very good.
Why would they? They have no need of it - it's the school buildings and they've been transferred to the new body. Surely the register should transfer along with ownership of the buildings?
If it's relevant, the school transferred as an "Outstanding School" so there is no external commercial interests in the school management and budgets etc.
Your thoughts please,
Jim
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Rank: Forum user
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As the building is being legally transferred, I would be of the opinion the LEA would have a legal obligation to provide relevant information as to the presence of ACMs. They would have no obligation to continue holding the register as they would have no legal duty after the transfer. Sounds a bit like pique on the LEA behalf.
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Rank: Super forum user
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With holding the register may be a breach of reg 4.2 of control of asbestos regulation (Part of duty to manage) which requires people to share information.
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Rank: Super forum user
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The need to keep such things as an asbestos register is a result of the length of time a case may be brought so the LA will need to keep such records for a very long time. Have you asked them if they are willing to share the information and is it included in the transfer of ownership documentation? There may be nothing more required than discuss it with them unless of course you are so hell bent on getting the new arrangements up and running you have not been talking to them.
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Rank: Super forum user
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Bob,
I was just asking for an opinion - maybe this is a little aggressive? bob shillabeer wrote:There may be nothing more required than discuss it with them unless of course you are so hell bent on getting the new arrangements up and running you have not been talking to them.
There has been dialogue for over a year, the issue was simply raised at....wait for it.....A discussion between the schools senior managers and the LEA. I was asked to contribute and gave an opinion not dissimilar to those already given. The issue may come up at a meeting in the neer future and I was just callibrating my thoughts,
Jim (now slightly bewildered but I'll get over it in time...)
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Rank: Super forum user 
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You are the Governor and (in the context of Regulation 4 of the Asbestos Regulations) were always a duty holder. In this same context, when you break away from the LEA you will be the sole duty holder.
The legal beagles should be tidying these matters up. LEA withholding or removing the Register seems so somewhat unlikely in my experience, and would be sheer bloody-mindedness.
Most significant aspect for you now will be in managing (and appointing?) competent contractors and taking full legal responsibilities for not only asbestos, but presumably also construction/maintenance health and safety law and managing a whole host of Facility Management risks. Hopefully there will be adequate transition arrangements and ongoing support to enable you and your staff to establish competency and adequate systems for compliance.
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Rank: Forum user
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Hi Jim,
Presumably, as part of the documentation transfer between the LEA and yourselves, you will be receiving a Health and Safety File. This should contain a copy of the Asbestos Register amongst many more documents.
The Health and Safety File will provide you with the information required to enable you to safely procure/manage any future maintenance, cleaning, construction works, demolition, etc. If it doesn't, request that a copy be included. The LEA would find it extremely difficult to justify not including a copy.
Nick
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Rank: Super forum user
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NickRoarty wrote:Hi Jim,
Presumably, as part of the documentation transfer between the LEA and yourselves, you will be receiving a Health and Safety File. This should contain a copy of the Asbestos Register amongst many more documents.
The Health and Safety File will provide you with the information required to enable you to safely procure/manage any future maintenance, cleaning, construction works, demolition, etc. If it doesn't, request that a copy be included. The LEA would find it extremely difficult to justify not including a copy.
Nick
They'll find it very difficult if they don't actually have a Health & Safety File for the Structure!
We're talking Local Authority & CDM compliance. H&S File compliance is (as is probably the case generally out there) at best variable - often quite abysmal.
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