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The Construction (Design and Management) Regulations (Northern Ireland) 2016

S.R. 2016/146 · Made 11 March 2016 · Extends to Northern Ireland

Up to date with all changes known to legislation.gov.uk, revised to 1 January 2018.

Health And Safety

Made 11th March 2016

Coming into operation 1st August 2016

The Department of Enterprise, Trade and Investment M1, being the Department concerned M2, makes the following Regulations in exercise of the powers conferred by Articles 17(1), (2), (3), (5) M3, 43(2) and (3), 54(1) and (2) and 55(2) of, and paragraphs 1(1) and (2), 5 to 11, 13, 14(1), 15, 17, 19 and 20 of Schedule 3 to the Health and Safety at Work (Northern Ireland) Order 1978 M4 (“the 1978 Order”).

The Regulations give effect without modifications to proposals submitted to it by the Health and Safety Executive for Northern Ireland under Article 13(1A) M5 of the 1978 Order after the Executive has carried out consultations in accordance with Article 46(3) M6.

It appears to the Department that the modifications to the Fire Precautions (Workplace) Regulations (Northern Ireland) 2001 M7 and to the REACH Enforcement Regulations 2008 M8 in Schedule 6 are expedient for the purposes of Article 54(1) of the 1978 Order. It also appears to the Department not to be appropriate to consult bodies in respect of those modifications for the purposes of Article 54(5) of the 1978 Order.

Annotations to the whole text

Marginal citations

M1

Formerly the Department of Economic Development; see S.I. 1999/283 (N.I. 1), Article 3(5); that Department was formerly the Department of Manpower Services; see S.I. 1982/846 (N.I. 11), Article 3

M2

See Article 2(2) of S.I. 1978/1039 (N.I. 9)

M3

Article 17 shall be read with S.I. 1992/1728 (N.I. 17), Articles 3(2) and 4(2)

M4

S.I. 1978/1039 (N.I. 9): the general purposes of Part II referred to in Article 17(1) were extended by S.I. 1992/1728 (N.I. 17), Articles 3(1) and 4(1). Article 55(2) was amended by S.I. 1998/2795 (N.I. 18), Article 6(1) and Schedule 1, paragraph 19

M5

Article 13(1) was substituted by S.I. 1998/2795 (N.I. 18), Article 4

M6

Article 46(3) was amended by S.I. 1998/2795 (N.I. 18), Article 6(1) and Schedule 1, paragraphs 8 and 18

M7

S.R. 2001 No. 348, as amended by S.R. 2003 No. 152, S.R. 2003 No. 454 and S.R. 2007 No. 291

M8

S.I. 2008/2852, as amended by S.I. 2009/716, S.R. 2009 No. 238, S.I. 2010/1513, S.I. 2011/3058, S.I. 2012/632, S.I. 2013/119, S.I. 2013/755, S.I. 2013/1948, S.I. 2013/2919, S.I. 2014/469, S.I. 2014/1638, S.R. 2014 No. 224, S.I. 2014/2882, S.I. 2014/3248, S.I. 2015/21, S.I. 2015/51, S.R. 2015 No. 223, S.I. 2015/1682 and S.R. 2015 No. 339; revoked in part by S.I. 2009/716 and S.R. 2009 No. 238

Contents

  1. Part 1: INTRODUCTION
  2. 1Citation and commencement
  3. 2Interpretation
  4. 3Application within the territorial sea or a designated area
  5. Part 2: CLIENT DUTIES
  6. 4Client duties in relation to managing projects
  7. 5Appointment of the principal designer and the principal contractor
  8. 6Notification
  9. 7Application to domestic clients
  10. Part 3: HEALTH AND SAFETY DUTIES AND ROLES
  11. 8General duties
  12. 9Duties of designers
  13. 10Designs prepared or modified outside Northern Ireland
  14. 11Duties of a principal designer in relation to health and safety at the pre-construction phase
  15. 12Construction phase plan and health and safety file
  16. 13Duties of a principal contractor in relation to health and safety at the construction phase
  17. 14Principal contractor's duties to consult and engage with workers
  18. 15Duties of contractors
  19. Part 4: GENERAL REQUIREMENTS FOR ALL CONSTRUCTION SITES
  20. 16Application of Part 4
  21. 17Safe places of construction work
  22. 18Good order and site security
  23. 19Stability of structures
  24. 20Demolition or dismantling
  25. 21Excavations
  26. 22Cofferdams and caissons
  27. 23Reports of inspections
  28. 24Energy distribution installations
  29. 25Prevention of drowning
  30. 26Traffic routes
  31. 27Vehicles
  32. 28Prevention of risk from fire, flooding or asphyxiation
  33. 29Emergency procedures
  34. 30Emergency routes and exits
  35. 31Fire detection and fire-fighting
  36. 32Fresh air
  37. 33Temperature and weather protection
  38. 34Lighting
  39. Part 5: GENERAL
  40. 35Civil Liability
  41. 36Enforcement in respect of fire
  42. 37Transitional and saving provisions
  43. 38Revocations and consequential amendments
  44. Signature
  45. Schedule 1: PREMISES AND ACTIVITIES WITHIN THE TERRITORIAL SEA OR A DESIGNATED AREA
  46. 1Interpretation
  47. 2Offshore installations
  48. 3Wells
  49. 4Pipelines
  50. 5Mines
  51. 6Gas Importation and Storage
  52. 7Production of Energy from Water or Wind
  53. 8Underground Coal Gasification
  54. 9Other activities
  55. Schedule 2: PARTICULARS TO BE NOTIFIED UNDER REGULATION 6
  56. 1Paragraph 1
  57. 2Paragraph 2
  58. 3Paragraph 3
  59. 4Paragraph 4
  60. 5Paragraph 5
  61. 6Paragraph 6
  62. 7Paragraph 7
  63. 8Paragraph 8
  64. 9Paragraph 9
  65. 10Paragraph 10
  66. 11Paragraph 11
  67. 12Paragraph 12
  68. 13Paragraph 13
  69. 14Paragraph 14
  70. 15Paragraph 15
  71. Schedule 3: MINIMUM WELFARE FACILITIES REQUIRED FOR CONSTRUCTION SITES
  72. 1Sanitary conveniences
  73. 2Washing facilities
  74. 3Drinking water
  75. 4Changing rooms and lockers
  76. 5Facilities for rest
  77. Schedule 4: WORK INVOLVING PARTICULAR RISKS
  78. 1Paragraph 1
  79. 2Paragraph 2
  80. 3Paragraph 3
  81. 4Paragraph 4
  82. 5Paragraph 5
  83. 6Paragraph 6
  84. 7Paragraph 7
  85. 8Paragraph 8
  86. 9Paragraph 9
  87. Schedule 5: TRANSITIONAL AND SAVING PROVISIONS
  88. 1Paragraph 1
  89. 2Paragraph 2
  90. 3Projects with no existing CDM co-ordinator or principal contractor
  91. 4Projects with an existing CDM co-ordinator
  92. 5Duties of CDM co-ordinator during transitional period
  93. 6Duties disapplied pending appointment of principal designer
  94. 7Projects with only one contractor
  95. 8Savings
  96. Schedule 6AMENDMENTS
  97. Explanatory note