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PROPOSED ELECTRICAL LEGISLATION

The government have produced draft regulations on the periodic inspection and testing of domestic installations.


It can be found here http://www.legislation.gov.uk/ukdsi/2020/9780111191934


I have serious concerns with the proposed definition of "qualified" as it does not require anyone to have any qualifications whatsoever , so it does not do what it says on the tin. It perpetuates the current practice of any knuckle scraping half whit who does not know their amp from the elbow carrying out inspection and testing. Without setting out defined required qualifications it becomes unenforceable.


Unless an MP makes an objection as Secondary it will become law without debate. I have written to my recently Knighted MP this morning to explain my views on the proposed legislation and in particular the definition of "Qualified" that contains no requirement to have any qualifications. 


Unless the government gets any objections these Regulations will become law. Only an MP can get proposed secondary legislation changed.


You may wish to join me in writing to your MP?
  • On first read, it does actually seems a vast improvement on the present [dis] arrangement.   The "Qualified " part relates to " a person competent" as opposed to a "competent person [scheme]", so there is a big shift here to individual competency. How you want to measure that is up in the air, but as there is going to be an absolute electronic trail of Reports it may be a little bit more risky to the badgery "inspector" who deal in "oven ready satisfactory EICRs". The fraudulent [ or incompetent] may possibly be more likely to be exposed.
  • You know as well as I do that qualifications do not a competent electrician make.

    I recently had a new kitchen fitted by a well known national company. The NICEIC approved sparks could not be even bothered to pull cables down wall with a 3/4" metal conduit which I had carefully 'earthed'. I pulled the cables down and left the 'earthing' cable ready to connect to the accessory mounting box. He couldn't be bothered to connect to the box!  I will not even mention the invisible inspection certificate.


    If made law it will go the same way as the building regulations unless enforced and who will pay for that??
  • Former Community Member
    0 Former Community Member
    Thanks for that John - long anticipated but as expected no heads up email from my Competent Person Scheme.


    I agree on the matter of competence - maybe 2391 or whatever its current number is as a minimum.  A great opportunity for C&G etc to dream up a new qualification and keep all the training establishments in clover until the 19th Edition courses come on stream. 


    As for inspection - the standard isn't specified I can only assume that the Courts would expect the inspector to use those forms contained within BS7671. Maybe a Code of Practice is on its way specifying how to test and inspect - another £50+ from HSE Publications or the IET.


    I wonder what provision has been made for the local housing authority to administer this. We all know the answer really.  They are suddenly in receipt of x thousand inspection forms.  How do they store them? Have they any staff that knows their amp from their elbow? Have they even any staff to pass such work onto contractors? Etc Etc.  In practice it falls down - just like Part P when local authorities had no money to spend on administering it; no money to train staff and just threw any notifications in the bin. 


    Part P prosecutions can be counted on the thumbs of one hand - I strongly suspect these new requirements will not be enforced.


    The good landlords already pay me to test and inspect to BS7671 with few if any exemptions and get the gas done as well. The bad ones don't bother doing anything - is it going to change?


    Time to contact my MP.


  • Norm


    Although I am not an electrician I agree competent is not having qualifications alone but without qualifications gained after examination and assessment in my view you cannot be competent. My view is to be competent you need experience, qualifications from a recognized awarding body and integrity. A bit like the 3 legged stool, without all 3 legs it falls over!


  • It seems also to be locked to the 18th edition BS7671 only - overlooking the fact that regs do change, and one day there may be a 19th  or 20th edition, or that those regs do acknowledge that not all work installed to previous versions is actually unsafe. Or for that matter that other safe methods and standards exist.

    I see potential for a lot of nugatory work being generated at one end of the scale, and a lot of pressure to wave things through that really ought better be fixed at the other.

     I presume there ought to be a cost-benefit analysis for this, but I cannot find it.
  • Mike,

    I noticed that also. There seems to be no leeway for an electrician to say that what has been done provides an equivalent level of safety to BS7671. It must comply or it is not acceptable.

    I personally think the requirement for the qualified person to be competent to do the work is as good as we are likely to get, as it will be up to the courts to decide whether a person was competent or not. Generally if the qualifications and experience are there then competence is assumed unless proven otherwise, while if the qualifications and/or experience are not there then lack of competence is assumed unless proven otherwise. Sadly it has to end up in court before anyone looks into it.

    Alasdair

  • mapj1:

    It seems also to be locked to the 18th edition BS7671 only - overlooking the fact that regs do change, and one day there may be a 19th  or 20th edition, or that those regs do acknowledge that not all work installed to previous versions is actually unsafe. Or for that matter that other safe methods and standards exist. . . 




    That is a good thing to my mind. A BS7671 EICR is supposed to be an inspection & test comparing the installation to the latest published version of the Standard. It may well still be safe for continued use, and that is the opinion of the inspector, but the comparison must be to the latest Standard, not to some earlier edition, 


    Regards,


    Alan. 


  • mapj1:

    It seems also to be locked to the 18th edition BS7671 only ...




    I don't think that this is a problem. In say 2021, there will be "The Electrical Safety Standards ... Amendment Regulations 2021" which will update these Regs. However, the implications are enormous. More below.

  • I don't share John's concern.


    First, a procedural note. When you see the House of Commons on the telly, some of the piles of papers on the big table in front of the Speaker contain draft Regulations. It is up to MPs whether to look at them or not - they can get a personal copy. Then they can respond or not. I suspect that under the current powerful Government, no changes will be made.


    Second, the consultation period is over. (Without one, the SoS's Regulations could be challenged by judicial review.)


    The consultation results are here.


    The Government's response to the consultation is here.


    You will see that guidance as to who a competent person might be will follow Scotland, whose guidance is here - see Annex A.


    So basically Part Pee registered! Given that the competent person must be able (but not necessarily willing) to undertake the remedial work, which could be notifiable, this does not seem unreasonable. However, non-scheme members will be able to demonstrate their competence (and insurance, etc.) independently. The onus is upon a landlord to show that an inspector was competent.
  • My concern is R.3.1.(a): "3.—(1) A private landlord who grants or intends to grant a specified tenancy must—

    (a) ensure that the electrical safety standards are met during any period when the residential premises are occupied under a specified tenancy;"


    And the electrical safety standards are: " “electrical safety standards” means the standards for electrical installations in the eighteenth edition of the Wiring Regulations, published by the Institution of Engineering and Technology and the British Standards Institution as BS 7671: 2018;"


    For which read "the current version of BS 7671".


    As written, this can only mean that the electrical installation of rented accommodation must be to the current edition. Whilst the law is not generally retrospective, in this case it appears to be!

    What a bonanza! ?


    I find it difficult to see that this provision will survive, but you never know. Just think of all those plastic CUs which will have to be changed, for example!