PIR registration and CU replacement

[TJ Anderson]

..a quick inspection showed the entire place was in Aluminium T/E......no go advise issued, either rewire or leave well alone, they opted for the latter.

Cool...you hardly ever see that now.... Ive only come across it a couple of times. Still plenty of Tinned Copper stranded T&E but not the solid Aluminium.

 

[DC-backfrom the past]

In SCOTLAND if your doing EICR’s in domestic properties you don’t need to be NICEIC/SELECT registered so long as you can prove competency. However if you are doing rented houses under the Scottish short form tenancy agreement you DO or you need a valid JIB card and jump though a load of hoops/paperwork. Look at the last Housing Act amendment.
In any event you’ll need suitable liability insurance and may find that the insurer requires you to register to ‘prove’ competency.

.

I may have misread the requirements for landlord EICRS.
Its statutory guidance that you are a member of one of thee schemes .
This been laid out to infer you are required to be a member of NICEIC/SELECT.
the check list does state that an electrician is part of these schemes or similar.
I cant find any legislation that actually stipulates you are legally required to be a member of NICEIC/SELECT or similar .
I accept that maybe ,I cant find it .
the only part I can see thats relevant is that you are competent
Scottish Landlords | Electrical Safety First - https://www.electricalsafetyfirst.org.uk/guidance/advice-for-you/landlords/scottish-landlords/

if you have a link to the updated legislation, that I have missed could you guide me to it please ?
Scottish Government are good at writing information that infers things ,they leave a grey areas for wriggle room.
Statutory guidance is not law, although should be considered by the courts in any case .
Therefore surely if you have experience ,coupled with the relevant certificates for inspection and testing, this goes a long way to prove competence.
My interpretation is if you are able to prove competence then you are able to carry out these EICR for landlords.
Really whats the difference to doing an EICR for a family living in a owned dwelling to a rented dwelling , its the same tests/risks.

For newbuilds or extensions, then you do need to be a member of NICEIC/SELECT have ecs and be Scottish Building Standards approved.

albeit maybe I have interpreted it incorrectly .
section 22B also inserts new section 19B in the 2006 Act. New section 19B provides that an inspection carried out for the purposes of new section 19A must be carried out by a competent person and specifies information which must be included in the record of the inspection, which must be retained by the landlord for six years. New section 19B also provides that the Scottish Ministers must publish guidance and that, in determining whether someone is a competent person as required by subsection 19B(1), landlords must have regard to this guidance

again it states that its guidance

 

[richy3333]

See Annex A: Competent person (as per Housing Act)

I paraphrase - Landlords can take membership of NICEIC or SELECT as evidence of competence. Alternatively the landlord 'should seek evidence of competence' Such details are shown on the following page.

 

[DC-backfrom the past]

See Annex A: Competent person (as per Housing Act)

I paraphrase - Landlords can take membership of NICEIC or SELECT as evidence of competence. Alternatively the landlord 'should seek evidence of competence' Such details are shown on the following page.

I've just had an interesting day in regards to this ( off with a virus today ) .
The Annexe A is mandatory guidance that scot gov must give in relation to the housing act.
the guidance is not statutory as in its a legal requirement , well thats my understanding.
having spoken to electrical safety first and shelter (who were involved in consultation of this bill ). They both agree that the guidance is purely that.
I'm not a member of select or nic, although, I did contact them and they both agreed that there is no legal requirement to join any professional body. They would go any further than that with me.
This would seem to be a bit of smoke and mirrors and heavy inferring that you are required to be a member by Scots gov to conduct an EICR on a rented property.

it seems to be a strange one once people read it ...as I say maybe I'm missing something, but would love to clear this up once and for all

 

[baldelectrician]

The law requires there NOT to be a closed shop - such as there is with Gas Safe (it is under H&S legislation)

In a nutshell there are schemes (NICEIC, SELECT, napit) where contractors listed are deemed competent.

If a landlord uses a scheme member they can prove they comply to the requirements (providing the EICR is passed, or remedial work is proved after a failed EICR).

If they do not all the burden of proof is on the landlord- if the electrician states he or she has liability insurance and they do not then if something were to happen then the landlord may be in a situation.

In other words- use a registered contractor then they comply, fail to do so then they may or may not comply

I do not understand why any decent contractor who does things right (in Scotland) does not wish to join a scheme. Its just more than £10 a week- you will make this back in one or two jobs.

 

[DC-backfrom the past]

The law requires there NOT to be a closed shop - such as there is with Gas Safe (it is under H&S legislation)

In a nutshell there are schemes (NICEIC, SELECT, napit) where contractors listed are deemed competent.

If a landlord uses a scheme member they can prove they comply to the requirements (providing the EICR is passed, or remedial work is proved after a failed EICR).

If they do not all the burden of proof is on the landlord- if the electrician states he or she has liability insurance and they do not then if something were to happen then the landlord may be in a situation.

In other words- use a registered contractor then they comply, fail to do so then they may or may not comply

I do not understand why any decent contractor who does things right (in Scotland) does not wish to join a scheme. Its just more than £10 a week- you will make this back in one or two jobs.

hi thanks for this update, thats great and as I thought. thanks for the quick reply

 

[richy3333]

The law requires there NOT to be a closed shop - such as there is with Gas Safe (it is under H&S legislation)

In a nutshell there are schemes (NICEIC, SELECT, napit) where contractors listed are deemed competent.

If a landlord uses a scheme member they can prove they comply to the requirements (providing the EICR is passed, or remedial work is proved after a failed EICR).

If they do not all the burden of proof is on the landlord- if the electrician states he or she has liability insurance and they do not then if something were to happen then the landlord may be in a situation.

In other words- use a registered contractor then they comply, fail to do so then they may or may not comply

I do not understand why any decent contractor who does things right (in Scotland) does not wish to join a scheme. Its just more than £10 a week- you will make this back in one or two jobs.

Couldn't have put it better myself. Always raises an eyebrow when companies argue the hell out of not being a scheme member (or SJIB)? You have to wonder why (I've yet to see a convincing arguement).