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PROPOSED ELECTRICAL LEGISLATION

John Peckham
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?
  • 0
    And my final comment ...


    "Appeals relating to remedial action by local housing authorities

    7.—(1) A private landlord on whom a notice under regulation 6(2) has been served may appeal to the First-tier Tribunal against the decision of the local housing authority to take that action."


    Presumably this will be the Property Chamber. I find it slightly difficult to see how the FtT could adjudicate at least some cases without an expert member. If a landlord wishes to dispute an EICR, or whether a failure has been remedied, the Tribunal will need to understand the subject.


    If specialist electrician members are appointed to the Tribunal, would £250 a day be enough?



     


  • 0
    Chris


    Yes the consultation period is over. Originally the proposal was for a new competent person scheme that registered individuals unlike the current scheme that registers enterprises who have at least one competent person. I worked on this for Stroma but the consultation responses kicked this in to touch.


    Although the consultation process is over Regulations made under an Act of Parliament permit Ministers to make Regulations without parliamentary debate. The process is to place the proposed legislation on the table of the House of Commons library for a set period. If no MP objects they become law. If an MP objects then the Regulations are debated in the house and voted on before they can become law. I believe the speaker reads out the title of the Regulation and if no one shouts out "object" the regulation becomes law.


    The current proposal allows anyone to self define themselves as competent.
  • 0
    John, I don't disagree with the legislative process, but Boris's lick-spittles won't make a murmur.


    On further reading, I see: "(4) Where a report under sub-paragraph (3)(a) indicates that a private landlord is or is potentially in breach of the duty under sub-paragraph (1)(a) and the report requires the private landlord to undertake further investigative or remedial work, the private landlord must ensure that further investigative or remedial work is carried out by a qualified person..."


    The problem here is that an UNSATISFACTORY EICR requires nobody to do anything - it merely recommends; and even a C3 recommends improvement.


    Back to competency. Yes, I agree that anybody may claim to be a competent person, but it is up to the landlord to ensure that he (or she) is indeed competent. And yes, there will be cheap "drive-by" reports no doubt, and most of the time nothing will go wrong, but will a potential £30k penalty make a difference? Criminal standard of proof and appeal to FtT. Er, probably not! ?
  • 0
    Quote:


    qualified person” means a person competent to undertake the inspection and testing required under regulation 3(1) and any further investigative or remedial work in accordance with the electrical safety standards;


    The majority of remedial work will not be notifiable under part P, so unless a replacement consumer unit is installed there won’t really be any check on who has carried out the remedial work.


     Andy Betteridge
  • 0
    Interestingly, this legislation specifically mentions BS 7671.


    Weekend quiz fun ... Which other legislation specifically mentions the standard?
  • 0
    Another quiz question, is JP competent to undertake remedial work on an electrical installation in a tenanted domestic property as by his own admission he is not an electrician?


    If he cannot do remedial work can he prepare an EICR for a landlord?


    Andy B.
  • 0
    Andy


    I do have a gold card that says I am an approved electrician. Anyone can call themselves an electrician as it is not a protected term and there is a stated case from the High Court that says that.
  • 0

    John Peckham:

    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!


     




    Just quoting you from an earlier post ?

  • Former Community Member
    0 Former Community Member
    I've just looked out the window at the rain - maybe it's the tears of those who kicked up such a storm about competent persons now falling lonely and unloved into the gutter.


    It brings to mind the warnings of RnR - what was it he said  - ohh that's right "Be careful what you wish for"


    Regards


    OMS
  • 0
    I have emailed my Member of Parliament pointing out that writing BS7671:2018 into the Regulations may not be a good idea and raised a question about the definition of qualified and competent.


    The last time I spoke to my MP he was telling me that at that time he was on the Parliamentary committee that was examining the condition of the Palace of Westminster  and deciding what to do about renovating it, he was telling me about the condition of the electrical installation and I’m sure he has sufficient knowledge to be able to read the draft regulations through and see a couple of possible issues.


    Andy Betteridge

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