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    Consultation on revised CDM Regs package likely to suffer slippage

    There may now be further delay in publication of the consultative document on a revised version of the Construction Design and Management) Regulations 2007 (CDM 2007).

    The July meeting of the Construction Industry Advisory Committee (CONIAC) heard that HSE had a “well-developed” draft revised CDM Regulations package and planned to open a 12-week public consultation on the package in late summer 2013 with a view to revised regulations coming into force in October 2014.

    However, as the weeks progress it looks increasingly likely that there will not be enough time available to meet this timetable. 

    Domestic client duties may be problematic

    Publication of the consultation package now looks like being delayed into 2014 with any new CDM Regulations coming into force no earlier than April 2015, the next available commencement date.

    The Temporary or Mobile Construction Sites Directive was implemented in the UK through the CDM Regulations 2007. However, the UK approach to implementation of the Directive exempted domestic clients from CDM client duties whilst no such exemption exists in the Directive.

    Policymakers in the UK felt it would not be ”practical, proportionate, politically acceptable or enforceable to place duties on true domestic clients”.

    However, the EU now requires the approach adopted by the UK to be changed so that domestic construction clients become dutyholders. This may well be at the root of delay in publication of the consultation package.

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