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Ambulatory, non-ambulatory, ...?

AJJewsbury
Something Graham just mentioned in a Webinar has go me thinking...


BS 7671 Regulation 511.1 (compliance with standards) Every item of equipment shall comply with the relevant requirement of the appropriate British or Harmonised Standard .... The edition of the standard shall be the current edition. (my emphasis).


I take it that's meant to be read as current at the time of reading of BS 7671 (e.g. the time of design) rather than current at the time BS 7671 itself was written.


That seems to mean that a given version of BS 7671 doesn't have a single fixed meaning, but it can vary over time as other standards change. A design or installation that complies with BS 7671:2018 today, might not comply with BS 7671:2018 tomorrow, if say BS 1363 changes.


If so, BS 7671 is of itself "ambulatory", then when incorporated into legislation (e.g. the Private Rented regs) that legislation must also be considered ambulatory even when only a single fixed version of BS 7671 is referred to. In effect the committe behind any of the standards referred to in BS 7671 can in principle change the meaning of legislation, without parliament/ministers having any say in the matter. Isn't that just what the mandarins were trying so hard to avoid by refusing to refer to the "current version of BS 7671" in legislation - which would have made our lives so much easier.


  - Andy.
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  • 0
    I think Chris has nailed this one.


    There are legal reasons why legislation and guidance has fixed-date standards. In terms of legislation, the basic issue is that changing a standard might "change the law" and that's perhaps not correct.


    There are ways of handling changes to standards and legislation.


    Those of you who are familiar with the standard forms of construction contract will have come across this issue before. The parties sign up to standards and legislation in force at the time the contract is agreed. If the standards or legislation changes, this is effectively a contract variation, and there is a relevant process for dealing with these in the standard forms of contract.


    In essence, a Client is not necessarily forced to take up variations in standards (although of course there may be a compelling reason to do so, especially where safety is concerned); however, changes in legislation are a different matter.


    In this respect, the wording of the "commencement" paragraph in Amendment 1:2020 is extremely interesting:

    Electrical installations falling within the scope of Section 722, the erection of which is commenced after 31st July 2020, are to comply with BS 7671:2018 incorporating Amendment 1:2020.



    I guess the Client doesn't have to take up the variation ... but perhaps they will not quite get the EIC they were expecting at the end of the job?
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  • 0
    I think Chris has nailed this one.


    There are legal reasons why legislation and guidance has fixed-date standards. In terms of legislation, the basic issue is that changing a standard might "change the law" and that's perhaps not correct.


    There are ways of handling changes to standards and legislation.


    Those of you who are familiar with the standard forms of construction contract will have come across this issue before. The parties sign up to standards and legislation in force at the time the contract is agreed. If the standards or legislation changes, this is effectively a contract variation, and there is a relevant process for dealing with these in the standard forms of contract.


    In essence, a Client is not necessarily forced to take up variations in standards (although of course there may be a compelling reason to do so, especially where safety is concerned); however, changes in legislation are a different matter.


    In this respect, the wording of the "commencement" paragraph in Amendment 1:2020 is extremely interesting:

    Electrical installations falling within the scope of Section 722, the erection of which is commenced after 31st July 2020, are to comply with BS 7671:2018 incorporating Amendment 1:2020.



    I guess the Client doesn't have to take up the variation ... but perhaps they will not quite get the EIC they were expecting at the end of the job?
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