Hi Beaver
You wrote:
We are a small (10 staff) very specialist contractor working at times on major UK infrastructure projects or for large corporate clients. Many of them require us to have an external (independent) H&S Advisor as part of their own safety standard. This seems fair enough.
Doesn't seem "fair enough" to me! Sounds like what is termed "blue tape".
As AcornsConsult implies many of those who will be drafting these requirements will work for organisations that do NOT rely on external consultants (except for advise on particular specialist issues).
You have set out very clearly the legal and practical benefits of keeping your "competent person" in-house, whilst noting that in law a "person" doesn't need to have legs and arms and could be an organisation such as a company.
Perfectly OK for clients to define their requirements (as long as they also understand that these might have cost implications).
Will depend in part whether you are seeking work directly with the Client or via a Contractor in a sub-contracting capacity.
But, if the latter, then it would be very rare for the Client to ask a prospective Contractor for major infrastructure project about their external competent person - they would expect the Contractor to have in house HSE resources as the usual default.
NOTE the word "resources" NOT "people" - though often "people" are part of the "resources".
Then it would usually be for that Contractor to make decisions as to whether their supply chain can rely on their own HSE resources or whether some or all sub-contractors might need their own - perhaps precisely because what the sub-contractor is to do is very specialised and needs some specific H&S knowledge that might not be within the competence of the Contractor's own HSE resources.
It will also depend on whether you are wanting to keep an existing supplier relationship or need to jump through some hoops to get on to a list of potential suppliers.
If an existing client, then more likely that they will be prepared to listen to your reasoned argument as to why you do not want an external consultant.
If new, then may be you need to make an appointment of an external consultant just to tick a box. Might add little or no value to your business as the consultant may not be familiar with your processes.
As example, I have dealt with major infrastructure projects for decades, but when it comes to ground investigation I would always recognise that those doing the work are much more likely to be up to date with e.g. guidance on drilling rigs than I am (whether or not those people have any formal H&S qualifications) - the art is to ask the right questions to ascertain that the investigation contractor knows what they are doing and are up to speed.
But you can be creative depending on the precise wording of each prequalification questionnaire. For example, say you are in a trade association, then may be what you benefit from is some regular briefings from that assocation (a "person" in law) - so may be saying that you are a member of that trade association will tick the client's box as being a "competent person" who is "advising" (how ever loosely) you.
So, check the fine print on the PQQs and see how much leeway there is. If you have a good relationship with the client be prepared to discuss whether they would tone down their requirements (if these are unnecessarily over prescriptive). If you have been working for them for several years it may well be that their Contract team may simply over-rule some box ticker.