In theory - CDM Regulations and novation

In theory - CDM Regulations and novation
 passing batonWhat effect do the new CDM Regulations 2015 have on a principal designer novated to a contractor? Seb Oram, construction law barrister at 3PB Barristers, considers a hypothetical scenario that addresses the implications of the new CDM Regulations.
Scenario
On 10 April 2015, an architect, ABC & Partners LLP, is engaged by a developer, XYZ Developments Ltd, in respect of a project for the development of a large office building, on the site of a former hospital, in central London. ABC & Partners are appointed on the basis of XYZ’s own standard form of consultant appointment. The parties agree that, for the purposes of the Construction (Design and Management) Regulations 2015, SI 2015/51 XYZ is the client and ABC is appointed to act as principal designer. XYZ is an experienced developer but has no in-house health and safety/CDM capabilities.The project is procured via the JCT Design and Build contract 2011 edition. Upon execution, on 1 July 2015, of the building contract by XYZ and the contractor, PDQ Construction Ltd, ABC is novated to PDQ. The novation agreement entered into by ABC and PDQ is the standard form novation agreement published by the City of London Law Society (unamended). Prior to novation, ABC carried out design up to RIBA stage 2.As a result of the novation, the principal designer is no longer engaged directly by the client.
Does this situation contravene

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