The Construction (Design and Management) Regulations 1994

Clients and agents of clients

4.—(1) A client may appoint an agent or another client to act as the only client in respect of a project and where such an appointment is made the provisions of paragraphs (2) to (5) shall apply.

(2) No client shall appoint any person as his agent under paragraph (1) unless the client is reasonably satisfied that the person he intends to appoint as his agent has the competence to perform the duties imposed on a client by these Regulations.

(3) Where the person appointed under paragraph (1) makes a declaration in accordance with paragraph (4), then, from the date of receipt of the declaration by the Executive, such requirements and prohibitions as are imposed by these Regulations upon a client shall apply to the person so appointed (so long as he remains as such) as if he were the only client in respect of that project.

(4) A declaration in accordance with this paragraph—

(a) is a declaration in writing, signed by or on behalf of the person referred to in paragraph (3), to the effect that the client or agent who makes it will act as client for the purposes of these Regulations; and

(b) shall include the name of the person by or on behalf of whom it is made, the address where documents may be served on that person and the address of the construction site; and

(c) shall be sent to the Executive.

(5) Where the Executive receives a declaration in accordance with paragraph (4), it shall give notice to the person by or on behalf of whom the declaration is made and the notice shall include the date the declaration was received by the Executive.

(6) Where the person referred to in paragraph (3) does not make a declaration in accordance with paragraph (4), any requirement or prohibition imposed by these Regulations on a client shall also be imposed on him but only to the extent it relates to any matter within his authority.