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Appendix 16

Appendix 16: Definitions

Competence:

The following are accepted definitions of competence taken from several different sources:

A definition of competence paraphrased from Health and Safety Legislation and case law is:

‘The possession of sufficient knowledge, experience and skill to enable the person to know what he or she is doing and to be able to carry out a task in a manner in which a person proficient in the activity would expect it to be done and to have an appreciation of one’s own limitations.’

A competent person is viewed in case law (Gibson v Skibs A/S Marina 1966) as ‘someone who knows what they are looking for, can recognise it when they see it and (although not mentioned in the case) then knows what to do with it.’

The Management of Health and Safety Regulations defines competence in terms of Health and Safety assistance as:

‘sufficient training and experience or knowledge and other qualities to enable a person properly to assist in the undertaking.’

But also see Construction (Design and Management) Regulations 2015 HSE guidance for specific information on the competency of duty holders under these regulations.

Competent Contractor:

A contractor who has undergone an assessment based on the checks specified in this Policy and is regarded by the authority as competent to carry out the work required.

Contracting Officer:

An officer of the Council, or a consultant employed by the Council, who is responsible for the selection of and/or placing of contracts with a contractor.

Contractor:

Any person (other than direct employees subject to a contract of employment) or a company (including consultants) carrying out work for the authority under the terms of an agreement between the parties (a Contract).

Council List of Contractors:

Any ‘member approved’ list of contractors held by the Council’s Service areas.

Devolved Budget/Delegated Budget:

Money devolved or delegated to e.g. a school from the Local Authority, which the school / establishment may spend as they wish.

Safety Plan/Method Statement:

A Plan of Works to be carried out developed from a Risk Assessment of the works required.

Sub-Contractor:

A contractor working for another contractor.

Supervising Officer:

An employee of the Council or a consultant having delegated authority by the Council to supervise the work of contractors.

Self Help Scheme:

Work usually of a capital nature e.g. to buildings or grounds, initiated locally by the establishment and normally funded from a local budget.  Please note a school may fund these projects on their own or in conjunction with other bodies.

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