GLOSSARY

Method statement definition

Published by a LexisNexis Construction expert

What does Method statement mean?

A written description of how the contractor proposes to carry out the works.

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Care Quality Commission—inspections and reviews

Care Quality Commission—inspections and reviews FORTHCOMING CHANGE: On 6 July 2021, the Department of Health and Social Care laid before parliament the Health and Care Bill 2021 which will introduce reform of healthcare provision. The plan is to implement these proposals in 2022. For further details, see See News Analysis: Health and Social Care Bill published—key points. This Practice Note sets out the powers and practice of the Care Quality Commission (CQC) when conducting inspections and reviews of registered care providers. What is the CQC? The CQC is a non-departmental statutory body, sponsored by the Department of Health and Social Care, responsible for regulating health and social care services in England, as well as protecting the interests of people whose rights are restricted under the Mental Health Act 1983 (MeHA 1983). See Practice Note: Care Quality Commission (CQC). The relevant legal framework for inspections and reviews The CQC’s inspection and review powers, and statutory requirements, are set out in the following: • Health and Social Care Act 2008 (HSCA 2008) • Health and Social Care Act 2008 (Regulated Activities) Regulations, SI 2014/2936 • Care Quality Commission (Reviews and Performance Assessments) Regulations 2018, SI 2018/54, and • Care Quality Commission (Registration) Regulations, SI 2009/3112 Changes to CQC Strategy Since the start of the Coronavirus (Covid-19) pandemic, CQC has fundamentally changed the way in which it regulates and inspect services. They have an increased focus on risk-based monitoring and inspection

Scaffold licences

Scaffold licences Purpose of a scaffold licence A scaffold licence is normally required where a contractor needs to erect scaffolding for the purposes of its works on land belonging to a third party (ie not on its employer’s land). No scaffold licence is required if all the contractor’s scaffolding is within the boundaries of its site or otherwise on the employer’s land. Without a scaffold licence, the contractor will be trespassing if it erects its scaffolding on land belonging to a third party. The contractor needs to establish who owns the land that it needs to erect its scaffolding on. More than one scaffold licence will be needed if the scaffolding needs to be erected across several boundaries. If a contractor is carrying out works for a tenant who occupies only part of a piece of land or a property, the contractor will need to obtain a scaffold licence from the landlord to erect scaffolding outside the tenant’s demise. Format of a scaffold licence A scaffold licence is usually a relatively simple document. It is typically sent, in the form of a letter, from the party whose land the scaffolding is to be erected on (the licensor), to the contractor (the licensee). It is common practice for the licensee to provide a proposed form of letter to the intended licensor for the licensor to produce, in duplicate, on its own letterhead. The

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Licence to carry out environmental investigations

Licence to carry out environmental investigations Parties 1 [insert name of licensor] [of [insert address] OR company number [insert company number] whose registered office is at [insert address]] (the Licensor) 2 [insert name of licensee] [of [insert address] OR company number [insert company number] whose registered office is at [insert address]] (the Licensee) 1 Background (A) The Licensor is the registered [freehold OR leasehold] owner of the Property. (B) The Licensee has expressed an interest in [acquiring OR leasing] the Property. (C) The Licensor will permit access to the Property by the Licensee and the Consultant for the purpose of carrying out investigations as to ground conditions at, in, on, under or about the Property, subject to the terms of this Licence. 2 Definitions Competent Authority • means any statutory undertaker or any public local or other authority or regulatory body or government department, or any other body exercising powers under statute or by royal charter or any court of law or any of their authorised officers Consultant • means [insert name] whose registered office is at [insert address] [and any sub-contractors] Contaminant • means any natural or artificial substance (whether solid, liquid or gas) which alone or in combination with any other substance is capable of causing harm to the Environment or human health Environment • means all or any of the following: namely air (including the air within buildings), water (including surface water, groundwater and water in drains

Contracting authority contract sharing clause—lead contracting authority engages supplier on behalf of its partners

Contracting authority contract sharing clause—lead contracting authority engages supplier on behalf of its partners Definition Partner • means [the following: [NAME RELEVANT PARTNERS] OR those [describe group of contracting authorities eg Councils or academies in a limited geographical area or a class or type of public body] as set out in the OJEU Notice;] And Partner(s) shall be construed accordingly. 1 Use of Agreement by Partners 1.1 The Supplier acknowledges and agrees that the Buyer has entered into this Agreement for the benefit of itself and by the Partners. 1.2 In addition to providing the [Goods OR Services OR Works] to the Buyer pursuant to this Agreement, where: 1.2.1 the Supplier has received a written instruction from the Buyer to provide [Goods OR Services OR Works] to the Partner(s) under this Agreement; and 1.2.2 the Supplier can confirm to the Buyer that provision of such [Goods OR Services OR Works] shall not interfere, compromise or reduce with the level of service provided by the Supplier to the Buyer under this Agreement; the Supplier shall provide such [Goods OR Services OR Works] to the Partner(s) in accordance with this clause 1. 1.3 [The Supplier shall take an instruction from the Buyer pursuant to clause 1.2 as a request to commence the change procedure set out at [clause [x] OR schedule [x] of this Agreement]. The Supplier shall not commence the provision of such [Goods OR Services OR Works] to the

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Dispute Resolution weekly highlights—6 January 2022

This week's edition of Dispute Resolution weekly highlights includes: analysis of a number of key DR developments and key judicial decisions including those of the Court of Appeal in Rushbond plc v The JS Design Partnership LLP (negligence), Cunningham v Rochdale Metropolitan Borough Council (negligence), Soriano v Forensic News LLC (forum conveniens in defamation), SpiceJet Ltd v De Havilland Aircraft of Canada Ltd (conditional appeal) and CDE v NOP (arbitral confidentiality); dates for your diary; details of our most recently published content; and other information of general interest to dispute resolution practitioners.

Court permits intrusive inspection of cladding in fire safety defect claim (Naylor v Roamquest)

Construction analysis: The Technology and Construction Court granted permission for the leaseholder claimants to carry out intrusive inspections of cladding panels on residential tower blocks, in a claim based on alleged fire safety defects. The court took into account the nature of the claimants’ allegations, and the impact the inspection would have on the affected buildings. However, it refused permission for the claimants to inspect other elements of the buildings, because it was not satisfied that there was ‘any good reason’ for the inspections to take place. Note that this judgment is dated 27 July 2021.

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