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NickWilliams  
#1 Posted : 22 November 2019 08:56:46(UTC)
Rank: Forum user
NickWilliams

I currently have a client commissioning Construction Works in GB from the Isle of Man. They also have UK registered premises. The HSE have just updated the F10 notification Portal and you cannot enter Isle of Man. (there seems to be a workaround whereby you call IOM England!!!!

I know that IOM is not part of the UK / EU, therefore under CDM 2015 Regulation 10 does a UK client need to be nominated formally.

I'm seeking opinions on the legal standings

A Kurdziel  
#2 Posted : 22 November 2019 10:07:11(UTC)
Rank: Super forum user
A Kurdziel

The Isle of Man is a crown dependency, not part of the UK which means that it has its own laws including HS. The HSE has no responsibility  for the territory, which is why you can’t find it listed on the HSE website.  The local equivalent of CDM is to be found here https://www.gov.im/media/622277/cdmregs.pdf

Enforcement is the responsibility of the Health and Safety at Work Inspectorate. Look on their website for details of the form you need to fill in.

achrn  
#3 Posted : 22 November 2019 12:13:19(UTC)
Rank: Super forum user
achrn

Originally Posted by: NickWilliams Go to Quoted Post

I currently have a client commissioning Construction Works in GB from the Isle of Man. They also have UK registered premises. The HSE have just updated the F10 notification Portal and you cannot enter Isle of Man. (there seems to be a workaround whereby you call IOM England!!!!

I know that IOM is not part of the UK / EU, therefore under CDM 2015 Regulation 10 does a UK client need to be nominated formally.

I'm seeking opinions on the legal standings

I think it's completely irrelevant to the regulations where the client is.  The CDM regs apply to construction work carried out in GB, and if notifiable the regs require the client be identified (in Schedule 1).  The regs will apply in their entirety to the client (except, possibly, if they have diplomatic immunity). 

The only international wrinkle in CDM is where the design is done outside GB, but that doesn't seem to be the case under discussion.

In general companies operating outside their home territories need to comply with the law of the land where they are operating, I believe. 

A Kurdziel  
#4 Posted : 22 November 2019 13:04:46(UTC)
Rank: Super forum user
A Kurdziel

Sorry misread the post- it depends where the works happen, so even if it’s an IoM firm if the works occur in the UK then UK CDM applies. Surprised you can’t include “foreign” companies in the forms, as we are a single market.   

James Robinson  
#5 Posted : 22 November 2019 15:35:08(UTC)
Rank: Forum user
James Robinson

it's been a while but I remember doing the following;

where the client input details are placed (email, address, name, etc) on the F10 I listed the clients details but for the address put c/o the construction site address (ie something with a UK postcode). Then in the description of the construction work I added the clients "proper" address outside of the uk.

From my point of view i had made a genuine attempt to comply, had submitted the correct information, but was beaten by the F10 UK focus.

Roundtuit  
#6 Posted : 22 November 2019 16:07:05(UTC)
Rank: Super forum user
Roundtuit

https://www.hse.gov.uk/forms/notification/f10.htm

Seems pretty clear that the person raising the F10 should be the Client (except for Domestic works) and that the system anticipates clients (rightly or wrongly) to be UK based.

For the OP as your client has a UK address this would be the one to enter.

Roundtuit  
#7 Posted : 22 November 2019 16:07:05(UTC)
Rank: Super forum user
Roundtuit

https://www.hse.gov.uk/forms/notification/f10.htm

Seems pretty clear that the person raising the F10 should be the Client (except for Domestic works) and that the system anticipates clients (rightly or wrongly) to be UK based.

For the OP as your client has a UK address this would be the one to enter.

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