The Construction (Design and Management) Regulations 2015
| Jurisdiction | UK Non-devolved |
| Citation | SI 2015/51 |
| Year | 2015 |
Statutory Instruments
2015 No. 51
Health And Safety
The Construction (Design and Management) Regulations 2015
Made
22nd January 2015
Laid before Parliament
29th January 2015
Coming into force
6th April 2015
The Secretary of State makes these Regulations in exercise of the powers conferred by sections 15(1), (2), (3)(a) and (c), (5)(a), (8) and (9), 80(1) and (2)(c) and 82(3)(a) of, and paragraphs 1(1) and (2), 6 to12, 14, 15(1), 16, 18, 20 and 21 of Schedule 3 to, the Health and Safety at Work
etc.
Act 1974
M1
(“
the 1974 Act
”).
The Regulations give effect without modifications to proposals submitted to the Secretary of State by the Health and Safety Executive (“
the Executive
”) under section 11(3) of the 1974 Act
M2
.
Before submitting those proposals to the Secretary of State, the Executive consulted the bodies that appeared to it to be appropriate as required by section 50(3) of the 1974 Act
M3
.
It appears to the Secretary of State that the modifications to the instruments marked with an asterisk in the table in Schedule 5 are expedient for the purposes of section 80(1) of the 1974 Act. It also appears to the Secretary of State not to be appropriate to consult bodies in respect of those modifications for the purposes of section 80(4)
M4
of the 1974 Act.
Marginal Citations
M1
1974 c.37. Section 15(1) was substituted by paragraph 6 of Schedule 15 to the Employment Protection Act 1975 (c.71) and amended by S.I. 2002/794. Section 15(2) and (3)(c) was amended by paragraphs 1 and 5 of Schedule 12 to the Energy Act 2013 (c.32).
M2
Section 11(3) was inserted by S.I. 2008/960.
M3
Section 50(3) was amended by paragraph 16 of Schedule 15 to the Employment Protection Act 1975 (c.71), S.I. 2008/960, paragraphs 4 and 6 of Schedule 7 to the Health and Social Care Act 2012 (c.7), and by paragraphs 1 and 11(1) of Schedule 12 to the Energy Act 2013.
M4
Section 80(4) was amended by S.I. 2002/794.
These Regulations may be cited as the Construction (Design and Management) Regulations 2015 and come into force on 6th April 2015 immediately after the Mines Regulations 2014
M5
.
Marginal Citations
M5
S.I. 2014/3248.
(1)
In these Regulations—
“
the 1974 Act
” means the Health and Safety at Work
etc.
Act 1974;
“
the 2007 Regulations
” means the Construction (Design and Management) Regulations 2007
M6
;
“
the Management Regulations
” means the Management of Health and Safety at Work Regulations 1999
M7
;
“
business
” means a trade, business or other undertaking (whether for profit or not);
“
client
” means any person for whom a project is carried out;
“
construction phase
” means the period of time beginning when construction work in a project starts and ending when construction work in that project is completed;
“
construction phase plan
” means a plan drawn up under regulations 12 or 15;
“
construction site
” includes any place where construction work is being carried out or to which the workers have access, but does not include a workplace within the site which is set aside for purposes other than construction work;
“
construction work
” means the carrying out of any building, civil engineering or engineering construction work and includes—
(a)
the construction, alteration, conversion, fitting out, commissioning, renovation, repair, upkeep, redecoration or other maintenance (including cleaning which involves the use of water or an abrasive at high pressure, or the use of corrosive or toxic substances), de-commissioning, demolition or dismantling of a structure;
(b)
the preparation for an intended structure, including site clearance, exploration, investigation (but not site survey) and excavation (but not pre-construction archaeological investigations), and the clearance or preparation of the site or structure for use or occupation at its conclusion;
(c)
the assembly on site of prefabricated elements to form a structure or the disassembly on site of the prefabricated elements which, immediately before such disassembly, formed a structure;
(d)
the removal of a structure, or of any product or waste resulting from demolition or dismantling of a structure, or from disassembly of prefabricated elements which immediately before such disassembly formed such a structure;
(e)
the installation, commissioning, maintenance, repair or removal of mechanical, electrical, gas, compressed air, hydraulic, telecommunications, computer or similar services which are normally fixed within or to a structure,
but does not include the exploration for, or extraction of, mineral resources, or preparatory activities carried out at a place where such exploration or extraction is carried out;
“
contractor
” means any person (including a non-domestic client) who, in the course or furtherance of a business, carries out, manages or controls construction work;
“
design
” includes drawings, design details, specifications and bills of quantities (including specification of articles or substances) relating to a structure, and calculations prepared for the purpose of a design;
“
designer
” means any person (including a client, contractor or other person referred to in these Regulations) who in the course or furtherance of a business—
(a)
prepares or modifies a design; or
(b)
arranges for, or instructs, any person under their control to do so,
relating to a structure, or to a product or mechanical or electrical system intended for a particular structure, and a person is deemed to prepare a design where a design is prepared by a person under their control;
“
domestic client
” means a client for whom a project is being carried out which is not in the course or furtherance of a business of that client;
“
excavation
” includes any earthwork, trench, well, shaft, tunnel or underground working;
“
the general principles of prevention
” means the general principles of prevention specified in Schedule 1 to the Management Regulations;
“
health and safety file
” means a file prepared under regulation 12(5);
“
inspector for the Executive
” means an inspector within the meaning given in section 53(1) of the 1974 Act
M8
;
“
loading bay
” means any facility for loading or unloading;
“
place of work
” means any place which is used by any person at work for the purposes of construction work or for the purposes of any activity arising out of or in connection with construction work;
“
pre-construction information
” means information in the client's possession or which is reasonably obtainable by or on behalf of the client, which is relevant to the construction work...
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