Published in May 2000

In January this year, the Court of Appeal ruled that Regulation 13(2)(a) of the Construction (Design and Management) Regulations 1994 applies only to a design which a person prepares and not to a design which a person arranges for another person to prepare.  This conclusion is the unavoidable result of a glaring defect in the regulations which the Health & Safety Commission are, quite rightly, taking steps to rectify.