Regulations, legislations and listed buildings Flashcards

1
Q

What sustainability related regulation do you know?

A
  • Environmental Protection Act 1990
  • Environment Act 1995
  • Climate Change Act 2008
  • Building Act February 1984
  • Environmental Protection Act.
  • Flood and Water Management Act.
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2
Q

What is Building Act 1984?

A

The Building Act 1984 is a United Kingdom statute consolidating previous legislation concerning the construction process, and the design and specifications for buildings and their component parts, and related matters, in England and Wales.

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3
Q

What are Approved documents?

A

A series of approved documents provide general guidance on how specific aspects of building design and construction can comply with the Building Regulations.

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4
Q

What are the building regulations?

A

the Building Regulations, they set out:

  • What qualifies as ‘building work’ and so falls under the control of the regulations.
  • What types of buildings are exempt (such as temporary buildings).
  • The notification procedures that must be followed when starting, carrying out, and completing building work.
  • Requirements for specific aspects of building design and construction.
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5
Q

What are the approved documents (name some)?

A

A: Structure

B: Fire safety

C: Site preparation and resistance to contaminants and moisture

D: Toxic substances

E: Resistance to sound

F: Ventilation

G: Sanitation, hot water safety and water efficiency

H: Drainage and waste disposal

J: Combustion appliances and fuel storage sytem

K: Protection from falling, collision and impact

L: Conservation of fuel and power

M: Access to and use of buildings

P: Electrical safety

Q: Security in dwellings

R: High speed electronic communications networks

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6
Q

What is Bribery Act 2010 ?

A

An Act to make provision about offences relating to bribery; and for connected purposes.

The Bribery Act 2010 contains two general offences covering:

  1. the offering, promising or giving of a bribe (active bribery) and
  2. the requesting, agreeing to receive or accepting of a bribe (passive bribery) at sections 1 and 2 respectively.
  • The Act applies to UK citizens, residents and companies established under UK law.
  • The company should have an anti-bribery policy if there is a risk that someone who works for you or on your behalf might be exposed to bribery.
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7
Q

What types of bribery are your aware of?

A
  • Institutional - where the organisation is complicit;
  • Personal – where it is for individual gain;
  • Supply-side - offering bribes;
  • Demand-side – people in a position of authority demanding bribes.
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8
Q

Why UK is committed to carbon zero?

A

The Climate Change Act commits the UK government by law to reducing greenhouse gas emissions by at least 100% of 1990 levels (net zero) by 2050.

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9
Q

What is Equality Act?

A

The Act makes it unlawful to discriminate against someone on the grounds of any of these characteristics: age, disability, gender reassignment, marriage or civil partnership, pregnancy and maternity, race, religion/belief, sex (gender) and sexual orientation. These are often referred to as protected characteristics.

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10
Q

What are the protected characteristics?

A
  1. age,
  2. disability,
  3. gender reassignment,
  4. marriage or civil partnership,
  5. pregnancy and maternity,
  6. race,
  7. religion/belief,
  8. sex (gender) and
  9. sexual orientation.
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11
Q

What is GDPR?

A

The Data Protection Act 2018 is the UK’s implementation of the General Data Protection Regulation (GDPR). Everyone responsible for using personal data has to follow strict rules called ‘data protection principles’. They must make sure the information is: used fairly, lawfully and transparently.

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12
Q

What are 7 principles of GDPR?

A
  • Lawfulness, fairness and transparency.
  • Purpose limitation.
  • Data minimisation.
  • Accuracy.
  • Storage limitation.
  • Integrity and confidentiality (security)
  • Accountability.
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13
Q

What is Data Protection Act 2018?

A

The Data Protection Act 2018 controls how your personal information is used by organisations, businesses or the government.

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14
Q

What is the Construction Act?

A

The Housing Grants, Construction and Regeneration Act 1996 (HGRA - also known as the Construction Act) is intended to ensure that payments are made promptly throughout the supply chain and that disputes are resolved swiftly.

Provisions of the act include:

  1. The right to be paid in interim, periodic or stage payments.
  2. The right to be informed of the amount due, or any amounts to be withheld.
  3. The right to suspend performance for non-payment.
  4. The right to adjudication.
  5. Disallowing pay when paid clauses.

The Act applies to all contracts for ‘construction operations’ (including construction contracts and consultants’ appointments). If contracts fail to comply with the act, then the Scheme for Construction Contracts applies.

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15
Q

What are the latest proposed changes to the Construction Act?

A

The Construction (Retention Deposit Schemes) Bill 2017-19 proposes amending the Act to ensure that retentions are held in a third party trust.

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16
Q

What are acts and regulations related to the public procurement?

A
  • EU Treaty obligations
  • Public Contracts Regulations 2015
  • The Public Procurement (Amendments, Repeals and Revocations) Regulations 2016
  • for central government buyer the following also apply:
    • Procurement Policies for value for money and savings (vfm, centralised procurement, spending controls
    • Procurement Policies for conduct of procurement lean sourcing, procurement processes, early market engagement, outcome based specification
    • Central Government buyers must publish all tender documents and contracts with a contract value of over £10,000 on Contracts Finder.
    • the Local Government Transparency Code 2015
17
Q

What are the Thresholds on Contracts Finder for UK public sector procurement opportunities?

A
  • £10,000 for central government bodies and
  • £25,000 for wider public sector bodies
18
Q

What is OJEU?

A
  • OJEU is an abbreviation for the Official Journal of the European Union.
  • The OJEU is the online journal in which all these tenders are published daily in every EU official language.
19
Q

What is the OJEU process?

A
  • Open Procedure
  • Restricted Procedure
  • Competitive Procedure with Negotiation
  • Competitive Dialogue
  • Innovation Partnership
20
Q

What are OJEU thresholds?

A
  1. Central government
  • Supply Service and Design £123k
  • Works Contract - £4.7M
  • Social and other Services – £750k
  1. Other contracting authorities
  • Supply Service and Design £189k
  • Works Contract - £4.7M
  • Social and other Services – £750k
  1. Small lots
  • Supply Service and Design £71k
  • Works Contract - £885k
21
Q

What is framework?

A
  • Framework contract in construction is an agreement that allows the client to invite tenders from suppliers of goods and services to be carried out over a period of time on a call-off basis as and when required.
  • The framework contract documents should define the scope and possible locations for the works or services likely to be required during the defined time period. They should describe the contract conditions that will be used for pre-construction services (such as design), and/or the contract conditions that will be used to execute the works.
22
Q

What frameworks have you used?

A
  • SCAPE Construction Frameworks
  • CCS - Government Hubs Fit-Out

and I am also aware of others:

  • DfE Construction Framework High Value
  • The MoJ strategic alliance agreement (SAA)
  • Pagabo
23
Q

How are framework called in private sector?

A

‘strategic partnering’ arrangements

24
Q

What are 4 treaty obligations?

A
  • non-discrimination
  • free movement of goods
  • freedom to provide services
  • freedom of establishment
25
Q

What are the principles of the Public Contracts Regulations 2015?

A
  • sets principles of procurement operations as equal, without discriminations and transparent
  • describing choice of procurement as open, restrictive, competitive procedure with negotiation, competitive dialogue, innovation partnership and use of the negotiated procedure without prior publication.
26
Q

How it was possible to procure the contractor though negotiated route on NCA?

A

In line with the Public Contract Regulation (Section 4) the negotiated procedure without prior publication may be used in some specific circumstances for example when there is extreme urgency

27
Q

What is Historic England?

A

Historic England is the Government’s statutory adviser on the historic environment.

28
Q

How are Listed Building protected?

A

In England and Wales, the authority for listing is granted to the Secretary of State by the Planning (Listed Buildings and Conservation Areas) Act 1990.