9. Duties of designer

The designer of a structure must, as far as it is reasonably practicable, prepare a design plan for the structure that eliminates all foreseeable design risks.

Where it is not reasonably practicable for the designer preparing a design plan to eliminate a foreseeable design risk posed by the structure, the designer must propose to the person who appointed the designer, a modification to the design plan that reduces the design risk to as low as is reasonably practicable, taking into account the following factors as far as reasonably practicable:

the design risk must be reduced at its source;

collective protective measures must be used instead of individual protective measures.

The designer must provide all the information relevant to the design, construction or maintenance of the structure to the person who appointed the designer.

The designer of a structure must, where required by the developer of the project in which the structure is required, attend a design‑for‑safety review meeting.

For the purposes of paragraph (4), any reference to the developer includes a reference to the person to whom the developer’s duties under regulation 6 has been delegated.

The designer —

must not appoint a person as a designer (called in this regulation the delegated designer) for the structure unless the designer reasonably believes that the delegated designer is competent to perform the duties of a designer under these Regulations and any other regulation made under section 65 of the Act; and

must provide the delegated designer all relevant information to enable the delegated designer to perform the duties of a designer under these Regulations and any other regulation made under section 65 of the Act.

To avoid doubt —

any reference to a designer in this regulation includes a reference to a delegated designer and a designer appointed under regulation 10(2)(a); and

a designer who appoints a delegated designer to prepare a design plan for a structure under paragraph (6)(a) remains liable for the performance of any duty under paragraph (1) or (2) in relation to the design plan.

The designer of a structure must, as far as it is reasonably practicable, prepare a design plan for the structure that eliminates all foreseeable design risks.

Where it is not reasonably practicable for the designer preparing a design plan to eliminate a foreseeable design risk posed by the structure, the designer must propose to the person who appointed the designer, a modification to the design plan that reduces the design risk to as low as is reasonably practicable, taking into account the following factors as far as reasonably practicable:

the design risk must be reduced at its source;

collective protective measures must be used instead of individual protective measures.

The designer must provide all the information relevant to the design, construction or maintenance of the structure to the person who appointed the designer.

The designer of a structure must, where required by the developer of the project in which the structure is required, attend a design‑for‑safety review meeting.

For the purposes of paragraph (4), any reference to the developer includes a reference to the person to whom the developer’s duties under regulation 6 has been delegated.

The designer —

must not appoint a person as a designer (called in this regulation the delegated designer) for the structure unless the designer reasonably believes that the delegated designer is competent to perform the duties of a designer under these Regulations and any other regulation made under section 65 of the Act; and

must provide the delegated designer all relevant information to enable the delegated designer to perform the duties of a designer under these Regulations and any other regulation made under section 65 of the Act.

To avoid doubt —

any reference to a designer in this regulation includes a reference to a delegated designer and a designer appointed under regulation 10(2)(a); and

a designer who appoints a delegated designer to prepare a design plan for a structure under paragraph (6)(a) remains liable for the performance of any duty under paragraph (1) or (2) in relation to the design plan.