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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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    Chris Pearson:

    Andy, I noticed that, but you have not quoted the whole paragraph.


    If you stop at "current edition" the current standard would be 18th Edn +/- any amendments. However, it goes on to say, "with those amendments pertaining at a date to be agreed by the parties to the contract concerned (see Appendix 1).


    So first of all the designer and client agree the date. I do not think that it can be far in the future, otherwise the contract might be void for uncertainty. One cannot make a contract whose terms are unknown. So when a new edition or amendment has been published, but overlaps with the current one, the date could be that of the commencement of the new edition or amendment.


    Having agreed the date, the parties now know which editions (+/- amendments) apply.


    So in my opinion, not ambulatory, but just consistent with the general approach that it is the date of design which counts and not the date of erection.


    I'm not convinced yet .. unless the date in the contract happens to match the date of the legislation (or doesn't differ enough for there to have been any changes to any of the relevent BSs) there's still a potential for a mis-match with the original legislative intent. We're talking about standards referenced by BS 7671, not BS 7671 itself. (It's clear to me either whether the date refers to the base standard or just subsequent amendements - the position of the comma suggests the latter).


       - Andy.


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    Chris Pearson:

    Andy, I noticed that, but you have not quoted the whole paragraph.


    If you stop at "current edition" the current standard would be 18th Edn +/- any amendments. However, it goes on to say, "with those amendments pertaining at a date to be agreed by the parties to the contract concerned (see Appendix 1).


    So first of all the designer and client agree the date. I do not think that it can be far in the future, otherwise the contract might be void for uncertainty. One cannot make a contract whose terms are unknown. So when a new edition or amendment has been published, but overlaps with the current one, the date could be that of the commencement of the new edition or amendment.


    Having agreed the date, the parties now know which editions (+/- amendments) apply.


    So in my opinion, not ambulatory, but just consistent with the general approach that it is the date of design which counts and not the date of erection.


    I'm not convinced yet .. unless the date in the contract happens to match the date of the legislation (or doesn't differ enough for there to have been any changes to any of the relevent BSs) there's still a potential for a mis-match with the original legislative intent. We're talking about standards referenced by BS 7671, not BS 7671 itself. (It's clear to me either whether the date refers to the base standard or just subsequent amendements - the position of the comma suggests the latter).


       - Andy.


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