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#1 Posted : 20 March 2006 13:08:00(UTC)
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Posted By paul s wright ALL, WHO IS THE CLIENT UNDER CDM WHERE PFI WORKS ARE UNDERTAKEN, MY BELIEF IS THAT IT IS THE SPV (SPECIAL PURPOSE VEHICLE)? AND SO, THEY SHOULD APPOINT THE PLANNING SUPERVISOR?
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#2 Posted : 20 March 2006 15:35:00(UTC)
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Posted By Steve Sanders I agree with you Paul. I find the problem is not who appoints, but when is the appointment made? usually to late! Steve
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#3 Posted : 20 March 2006 16:31:00(UTC)
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Posted By Raymond Rapp The original CDM regs were devised before PFI/PPP was introduced. Hence there is a shortfall. The Client as per CDM, does not necessarily have to be the 'real' client with PFI/PPP. Although it is my understanding that the Client will normally provide the PS, however late that may be. Regards Ray
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#4 Posted : 20 March 2006 16:54:00(UTC)
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Posted By Ron Hunter I agree Paul, the SPV is the Client duty holder for CDM purposes. I further suggest that the commissioning client (small 'c' Unitary Authority, Health Trust, etc.) still has responsibility under general H&S duties, as this is still part of their undertaking. They would be responsible (e.g.) for taking reasonable steps in the first instance to ensure that the SPV was competent.
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#5 Posted : 20 March 2006 17:34:00(UTC)
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Posted By Phill Firmin Paul, PAST Although the original ACOP left out PFI - it has always been clear that the Client is someone for whom the project is carried out eg the project originator! PRESENT The ACOP advises that the project originator remains the client until someone else takes on the role - this should encourage an early appointment of the Planning Supervisor. FUTURE Project initiator to appoint a CDM Co-ordinator before even design begins. ALSO NOTE The Client can transfer the duty to a SPV only by agreement, to ensure the 'authority' is in place to continue. Responsibility for any management arrangements to deal with H&S issues prior to this remain. In this situation, issues for which the original client is still responsible also remain e.g. information, co-operation, contractural conditions etc. Its client duties under CDM, not client per se! Phill.
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