Legal and Regulatory Compliance (DeLever Questions) Flashcards
Detail the applicable legal / regulatory requirements within the public sector?
- My client is a monopoly supplier of rail infrastructure and operates under a licence from the ORR who independently regulate the railway.
- My client is governed by 27 Licence Conditions. The main ones that effect my day to day work are:
Licence Condition 13 - Safety and Standards
Licence Condition 17-disposals
Licence Condition 16-acquisitions
Licence Condition 20 -non-discrimination. - In line with ‘‘Managing Public Money’’ my client must seek best value when disposing of property.
- Furthermore, as a public body, my client is bound by strict procurement requirements. We have a framework of approved suppliers for carrying out works on behalf of Network Rail?
What are the 6 areas of the 27 licence conditions
Part A (Core Duties and Structure)
Part B (Network Management)
Part C (Information Requirements)
Part D (Industry Obligations)
Part E (Restrictions on Activities)
Part F (Corporate Matters)
Highlight risks associated with poor compliance, including legal remedies but also social remedies?
- If my client doesn’t adhere to their licence conditions the ORR has a three-stage approach
STAGE 1 - Routine Monitoring and Assessment of NR’s performance
STAGE 2 - Investigation and early resolution of concerns to protect rail users
- ORR may propose new regulatory tools and formal improvement plans
STAGE 3 - Enforcement
- Financial sanctions that can affect NR management bonuses
- Scaled Financial Penalties funded by management bonuses
Explain the impact of the Equality Act within the context of Development and Planning?
- Service providers are under an obligation to make reasonable adjustments to facilitate access - not just physical but also through auxiliary aids such as hearing loops or visual aids.
- Approved Document M of the building regulations provides specific guidance on the safe degrees of pitch for ramps and steps, as well as building dimensions and facilities to facilitate wheelchair access.
- Section 8 of the NPPF emphasises high quality, inclusive design as a key principle of sustainable developments
- Changing Places campaign is NR specific we are redeveloping toilet facilitates to be accessible.
Explain risk as a concept?
- Risk is the likelihood or probability of an event occuring and its consequences or impact.
Explain the risk associated with poorly maintained or operated assets?
- Poorly maintained assets have an increased risk of failure
- The impact of this could be financial, reputational or cause death and injury.
E.G Retaining wall slipping / embankment failure / cutting failure
Explain the impact of regulatory compliance on development projects, specifically with regards to health & safety, disability and construction?
H&S at Work 1974
Equality Act 2010
CDM Regulations
Reporting of Injuries, Diseases and Dangerous Occurrences (2013) / RIDDOR
Corporate Manslaughter and Corporate Homicide Act 2007
- Compliance with approved Document M - access needs to be inclusive.
- Criminal offence to breach CDM regulations - enforced b HSE who have the ability to issue fines and prosecute. Can also issue Improvement and Prohibition Notices.
- HSE must be informed if project involves demolition or lasts longer than 30 construction days with 20+ workers working simultaneously on site or if there are more than 500+ person days of construction work.
- Risk assessments are required for construction work.
- CDM files must be maintained.
- New Build Developers must belong to a New Homes Ombudsman Scheme
- Must carry out risk assessments if more than 5 staff.
- Must have a written health and safety policy document.
- Must have appropriate PPE (PPE at Work Regulations)
Explain how you identify and reflect risk during your role, for example, during physical inspections but also non-tangible examples?
HORLEY
Talk me through your internal report and why you support disposal?
HORLEY
Why were you not aware that the site was required for future station improvements before undertaking your report?
Detail the regulatory process you undertake when consulting with internal and external consultations?
HORLEY
How did you meet your ethical requirements in this example?
HORLEY
On what basis were objections raised?
HORLEY
How did you deal with the objections that were raised?
DORKING
Talk me through the main items in the Network Rail Property Consultancy Services Framework?
DORKING
Talk me through your company’s procedure guidance, specifically data security?
DORKING
What are the main items in the statement of works?
DORKING
How did you assess your health and safety legal requirements within the Statement of Works?
DORKING
Can you give me an example where you have produced a risk management report and what the requirements where for the design and management regulations?
EAST DULWICH
Detail the advice you gave to your client in the Business and Technical Clearance?
EAST DULWICH
Detail the advice you gave to your client in relation to the negotiations of the retaining wall?
East Dulwich
Detail the advice you gave to your client in their legal responsibilities in relation to the retaining wall?
East Dulwich
- Detail the advice you gave to your client on how the proposed safety provisions would meet their statutory responsibilities?
EAST DULWICH
- Can you give us an example where you have advised your client advice in liaison with a solicitor?
TONBRIDGE
- What advice did you provide to your client in relation to their legal responsibilities in maintaining access to the project team’s engineering works?
TONBRIDGE
- What advice did you give to your client to justify your position that the work was essential?
Tonbridge
- Why did you advise your client to go to the expense of a licence agreement to access the site and not use their statutory powers in this example?
Tonbridge
- What advice did you provide to your client relating to the terms contained within the licence agreement?
Tonbridge
- What advice did you provide to your client on their legal and regulatory compliance for this project?
What is the ORR?
What health & Safety legislations are you aware of and how do you ensure that you comply with this legislation?
What are the penalties under current health & safety legislation?
Is it a criminal offence to breach the H&S at Work Act 1974?
Tell me about your employers health & Safety Policy - what are your duties as an individual surveyor?
What legislation are you aware of in relation to Asbestos?
What do you understand by the control of asbestos regulations 2012? Who is the duty holder?
Tell me your understanding of CDM regulations 2015?
What is a notifiable project (CDM)?
Tell me about your understanding of the Equality Act 2010?
What is COSHH? What changes have recently been made to COSHH?
What is the key fire safety legislation?
Explain your understanding of the Fire Safety Act 2921?
Explain your understanding of the Building Safety Act 2022?
What changes were brought in by the Personal Protective Equipment at Work (Amendment) Regulations 2022?
Tell me what you understand from the Companies Act 2006?
Can you tell me the principles of UK GDPR and the Data Protection Act 2018?
How do you comply with UK GDPR and the Data Protection Act 2018 in your role?
Give me an example of how you process and handle confidential information?
Give me an example of how you ensure that data is kept securely?
What is the Freedom of Information Act 200?
Can you tell me about the retention of files and the Limitation Act 1980?
What are the protected characteristics under the Equality Act 2010?
What does the Equality Act 2010 provide? How does it relate to service providers or controllers of let premises?
How is the Equality Act enforced?
What does the Equality Act say in relation to reasonable adjustments?
How do the equality Act 2010 and building regulations relate to each other?
What are the requirements under the Public Sector Equality Duty (PSED)? Who does this apply to? How is it enforced?
What does the NPPF say about inclusive design? How might this be incorporated into local planning policy?
What requirements does the Fire Safety (Regulatory Reform) Order 2005 introduce?