Competence: general requirement
(1) Any person carrying out any building work or any design work must have—
(a) where the person is an individual, the skills, knowledge, experience and behaviours necessary,
(b) where the person is not an individual, the organisational capability,
to carry out—
(i) the building work in accordance with all relevant requirements;
(ii) the design work so that the building work to which the design relates, if built, would be in accordance with all relevant requirements.
(2) Any person carrying out any building work as a contractor or any design work as a designer must have—
(a) where the person is an individual, the skills, knowledge, experience and behaviours necessary,
(b) where the person is not an individual, the organisational capability,
to fulfil the duties of a contractor or designer, as the case may be, under these Regulations in relation to the work.
(3) The requirements in paragraphs (1) and (2) do not apply to an individual (T) who is in training to fulfil those requirements.
(4) The person who asked T to carry out any building work or, as the case may be, any design work must ensure T is adequately supervised when carrying out the work.
(5) A person who is in training to fulfil the requirements of a principal contractor or a principal designer may not be appointed as a principal contractor or a principal designer.
Competence: principal designer
(1) A principal designer must have—
(a) where the person is an individual, the skills, knowledge, experience and behaviours necessary,
(b) where the person is not an individual, the organisational capability,
to fulfil the duties of a principal designer under these Regulations in relation to the design work included in the project.
(2) Where the principal designer (D) is not an individual, D must designate an individual who has the task of managing its functions as the principal designer.
(3) Before making the designation under paragraph (2), D must take all reasonable steps to satisfy themself that the individual to be designated has the skills, knowledge, experience and behaviours necessary to manage the function of principal designer on behalf of D in such a way as to ensure D fulfils the duties of the principal designer under these Regulations in relation to the design work included in the project.
Competence: principal contractor
(1) A principal contractor must have—
(a) where the person is an individual, the skills, knowledge, experience and behaviours necessary,
(b) where the person is not an individual, the organisational capability,
to fulfil the duties of a principal contractor under these Regulations in relation to the building work included in the project.
(2) Where the principal contractor (C) is not an individual, C must designate an individual under C’s control who has the task of managing its functions as the principal contractor.
(3) Before making the designation under paragraph (2), C must take all reasonable steps to satisfy themself that the individual to be designated has the skills, knowledge, experience and behaviours necessary to manage the function of principal contractor on behalf of C in such a way as to ensure C fulfils the duties of the principal contractor under these Regulations in relation to the building work included in the project.
Ceasing to be competent: notification
(1) Where at any time a person (A) ceases to satisfy the requirements in regulation 11F(1), 11F(2), 11G(1) or, as the case may be, 11H(1) in relation to any building work or any design work, A must—
(a) in a case where A is the principal designer or the principal contractor, notify the client;
(b) in a case where there is more than one contractor and A is a designer, notify the person who asked them to carry out the design work and the principal designer;
(c) in a case where there is more than one contractor and A is a contractor, notify the person who asked them to carry out the building work and the principal contractor;
(d) in any other case, notify the person who asked them to carry out the work.
(2) If at the time of the notification under paragraph (1)(b) there is no principal designer appointed, that paragraph has effect as if the reference to the principal designer were a reference to the client.
(3) If at the time of the notification under paragraph (1)(c) there is no principal contractor appointed, that paragraph has effect as if the reference to the principal contractor were a reference to the client.
Contains public sector information licensed under the Open Government Licence v3.0 (legislation.gov.uk).
