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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

    John Peckham:

    Now here is the rub, with the new legislation it is an absolute requirement for the installation to fully comply with the safety standard which is defined as BS 7671:2018. So if we have a single C3 non-compliance the safety standard set out in the legislation is not met and remedial action has to be taken.


    I would be interested in other forum members views?




    I completely agree.


    John (and others) how do you address the points in paragraph 3 of Reg 4? The first part effectively says, "Where the report demonstrates a non-compliance" but it goes on to say "and the report requires" (my emphasis) when in fact an EICR merely recommends (Section F). Given that both parts of paragraph 3 have to be satisfied and that the second part never will be, landlords are not compelled to have the remedial work undertaken.


    IMHO, the word "recommends" should be substituted for "requires".


    I also think that satisfactory/unsatisfactory needs to come into it.


    I suggest: (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 states that the overall assessment of the installation is unsatisfactory, the private landlord must ensure that any recommended further investigative or remedial work is carried out by a qualified person within— ..."


    Over to you!

  • 0
    Chris


    Spot on. Can you write to your MP to ask for a change in the legislation as only MPs can stop the proposed legislation becoming law unamended. It is late in the day but not to late.
  • 0
    "Authorised members of registered bodies such as NAPIT, should only be allowed to carry out such electrical inspections,"


    So, I'm 21 and am going down the self employed route, I have finished my apprenticeship, paid my subs to a parasitic scam provider, I just bought my new van and brand new toolkit and I have access to youtube.

    Am I competent to conduct EICRs now?


    Answer from NIC/NAPIT/STROMA\\ECA & LABC Helplines? "So long as you've paid your subs son, so long as you've paid your subs.........No previous experience required".
  • 0

    Chris Pearson:




    AJJewsbury:




    Interestingly, this legislation specifically mentions BS 7671.


    Weekend quiz fun ... Which other legislation specifically mentions the standard?



    My first guess would be the The Electricity Safety, Quality and Continuity Regulations

    I suspect it might also get a mention in the latest version of the building regs - but can't remember off the top of my head whether it was in the legislation/regulations or just the AD.


    Correct. The Building Regulations 2010 did at one point in Sch 4 where it defined special locations etc., but I think that that part has been deleted.


     




    Agreed, to the best of my knowledge BS 7671 does not currently appear in any other legislation than ESQCR.

  • 0

    Sparkingchip:

    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 




    Good point.


    But surely only distributors and meter operators are deemed "competent" to remedy defects in their own equipment, and the report will cover these if it aligns with the recommended example schedule of items requiring inspection ... therefore being pedantic is that requirement practicable unless the DNO / Meter operator, or an authorised contractor of BOTH, and in addition deemed competent in terms of all other requirements for inspection, testing, investigation and remedial action in accordance with BS 7671 and related standards, would be appropriate to carry out the inspection and testing?

  • 0
    It does seem like a flawed piece of legislation to me. Fundamentally it seems to completely confuse a satisfactory EICR with meeting BS 7671 requirements. As I'm sure we all (here) know, you can have a perfectly satisfactory EICR for an installation that doesn't meet current BS 7671 requirements in many ways - whether it be use of red/black core colours, or lack of SPDs, or use of plastic cable clips where a fallen cable would cause no hazard, or a hundred-and-one other issues. Likewise, in my opinion, is entirely unreasonable to expect a landlord to update a complete installation every time BS 7671 is amended - even if it's only a principle that the same legislation is incapable of enforcing in practice. It is fundamentally bad legislation and can only be of value to those interested in malicious legal action.


    To my mind:

    3.—(1) A private landlord... must—
    (a)ensure that the electrical safety standards are met



    should read something more like


    3.—(1) A private landlord... must—
    (a)ensure that the electrical installation is in a satisfactory condition for continued service



    - i.e. align with what a BS 7671 EICR assures.


    Presumably there should also be some provision for accepting and EIR rather than an EICR if the installation is new (or combinations of EICs/MWCs/EICRs for existing installations with alterations/additions)


    I also dislike the direct reference to a specific version of BS 7671 - ideally yes they'd update all the legislation every time BS 7671 changes, but experience with the building regulations strongly suggests that parliament isn't capable of reliably doing so. Far simpler and more satisfactory to my mind simply to demand the EICR is carried out according to the version of BS 7671 that's current at the time of the inspection.


    As for the competent/qualified issue. I suspect a problem in that the government won't want to make things dependent on some non-government body - even if they're as big and famous as the C&G. They'd have to setup some government body to oversee suitable training providers and/or examination bodies (either on the model that the DVSA do for driving tests or the MHCLG for part P schemes) - all of which would cost money and no doubt political argument, which is probably out of proportion to the problem they're trying to solve.


      - Andy.
  • 0


    Now here is the rub, with the new legislation it is an absolute requirement for the installation to fully comply with the safety standard which is defined as BS 7671:2018. So if we have a single C3 non-compliance the safety standard set out in the legislation is not met and remedial action has to be taken.


    I would be interested in other forum members views?



     


    1. To fully comply with BS7671 you would need to recognise any installed work that did not comply with the current edition of the BS7671 as stated by C3  as a non-compliance but safe, Unless, of course C3 is removed from BS7671. I propose this is a serious case of simplification leading bunkum.


    2. Competence is doing with understanding, that means a knowledge of the electrical work at hand which will require practical experience and some form of recognition by your equals that you have enough knowledge. (most often formalised training leading to an exam cert)


    Somebody correct me if I'm wrong.


    Legh

  • 0
    That big prestige logo stamp that you see on many EICR reports? A parasitic scam provider? surly not:-,


    Certsure LLP (trading as NICEIC Certification is recorded as issuing UKAS accredited certificates for

    Electrical BS 7671 Inspection & Testing to organisations in the countries listed below. This list is current

    at the time of issue of this schedule

    United Kingdom
  • Former Community Member
    0 Former Community Member
     Likewise, in my opinion, is entirely unreasonable to expect a landlord to update a complete installation every time BS 7671 is amended - even if it's only a principle that the same legislation is incapable of enforcing in practice. It is fundamentally bad legislation and can only be of value to those interested in malicious legal action.


    I understand that the requirement to bring a building up to current standards can and has been applied to HMO even though it was converted less than 10 years ago for the same HMO purpose.


    Regards


     BOD
  • 0
    Reading through this section I read it that every private tenanted home has to have a EICR prepared and every defect repaired before the 1st April 2012, without any leeway for those who will have an existing EICR that was prepared within the period prior to the introduction of the new legislation :

    PART 2 Duties of private landlords



    Duties of private landlords in relation to electrical installations



    3.—(1) A private landlord(7) 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(8) are occupied under a specified tenancy;



    (b)ensure every electrical installation in the residential premises is inspected and tested at regular intervals by a qualified person; and



    (c)ensure the first inspection and testing is carried out—



    (i)before the tenancy commences in relation to a new specified tenancy; or



    (ii)by 1st April 2021 in relation to an existing specified tenancy.



    (2) For the purposes of sub-paragraph (1)(b) “at regular intervals” means—



    (a)at intervals of no more than 5 years; or



    (b)where the most recent report under sub-paragraph (3)(a) requires such inspection and testing to be at intervals of less than 5 years, at the intervals specified in that report.

     


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