Code of Practice for Organisations to be included on any ICM Competence Registry™®

'CDM Competence Registry' is the Registered Trademark of The Institute of Construction Management™® 2018 - UK00003314886 and must not be used in any way unless authorised for use by The Institute of Construction Management under appropriate current license terms and conditions.  The infringement of trade marks and copyrights can be criminal offences and also actionable in civil law.  The ICM Registrar maintains the Registered Reference Code Numbers of current licenses issued ─ it is an infringement to register any CDM competence without licence ─ Trademark Class 35 is a service category that includes a range of business and professional services.  Most of the included services help with carrying out, managing, or advertising a commercial or industrial enterprise

The Construction (Design and Management) Regulations (CDM 2015) are explicitly referenced in the secondary legislation that implements the Building Safety Act 2022, particularly in the Building Regulations etc. (Amendment) (England) Regulations 2023. This legislation is integral to the new dutyholder regime introduced as part of the Building Safety Act reforms

Regulation 6 and Regulation 11Q of the Building Regulations etc. (Amendment) (England) Regulations 2023 specifically define terms such as “the CDM Regulations,” “CDM principal designer,” and “CDM principal contractor

The Fire Safety Act 2021 received Royal Assent on 29 April 2021 and commenced on 16 May 2022. The Act amends the Regulatory Reform (Fire Safety) Order 2005 (the Fire Safety Order).  The Act clarifies that Responsible Persons (RPs) for multi-occupational buildings must manage and reduce the risk of fire for the structure and external walls of the building, including cladding, balconies and windows, and entrance doors to individual flats that open onto common parts.

The Building Safety Act 2022 received Royal Assent on 28 April 2022.  Schedule 1 of the Act is a list of amendments to the Health and Safety at Work etc Act 1974 [HASAWA].  The Construction (Design and Management) Regulations are currently in force and were enacted under the enabling legislation of HASAWA.

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COMPETENT ORGANISATIONS APPLYING TO REGISTER SHALL:

█ ─ Comply with this ICM code of practice at all times

█ ─ Ensure all work is in accordance with best practice, current standards and complies with all relevant statutory and contractual requirements

█ ─ Be adequately insured for all foreseeable risks. Assess relevant liability, and if appropriate hold professional indemnity insurance

█ ─ Strive to resolve any complaints quickly and equitably

█ ─ Not divulge any information of a confidential nature relating to the legal business activities of its clients

█ ─ When working in a country other than its own, conduct its business in accordance with this Code, so far as it is applicable to the customs and practices of that country

█ ─ Ensure it holds appropriate qualifications and are maintaining and enhancing their competence via continuous professional development (CPD)

█ ─ Undertake only professional tasks for which it is competent, and disclose relevant limitations of competence

█ ─ Accept appropriate responsibility for work carried out under its supervision

█ ─ Treat all persons fairly and with respect

█ ─ Avoid real or perceived conflict of interest and advise affected parties when such conflicts arise

█ ─ Observe the proper duties of confidentiality, propriety and professionalism owed to appropriate parties

█ ─ Reject bribery and all forms of corrupt behaviour and make positive efforts to ensure others do likewise

█ ─ Raise a concern about a danger, risk, malpractice or wrongdoing which affects others ('blow the whistle') and support all to whom it owes a duty of care who in good faith raises any such concern

█ ─ Assess and manage relevant risks and communicate these appropriately

█ ─ Notify the Institution of any significant violation of the Institution's Code of Conduct by another organisation, individual or by itself

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An ICM Competence Registry™® is designed to help organisations and transient project teams involved in any UK construction operation to assess and maintain the competence of the members of the team and the organisation.

An ICM Competence Registry™® sets out the competencies expected and evidence required to prove competence in specific tasks and helps organisations create schemes for monitoring and measuring the competencies of their employees.

Criteria to be Registered as an Organisation

• The Organisation / Company shall have a Board of Directors or equivalent controlling management, with a number/percentage of ICM Corporate Members (and where applicable other relevant Institutes/Institutions) as shown in the application form. If a sole proprietor, the owner must be a Corporate Member of the Institute of Construction Management
  

• The organisation must have its principal activity within the construction sector

• The Organisation / Company must have been trading for a minimum of 2 years

The purpose of any ICM Competence Registry™® is:

• To help organisations with the creation or development of a scheme for assessing the competence of people and teams undertaking any building works project; civil engineering project; property maintenance / cleaning; or any safety critical functions covered by the Health and Safety at Work Etc. Act 1974 and any enabled regulatory instrument in particular the Construction (Design and Management) Regulations currently in force

• To demonstrate to clients that an organisation has the necessary competence to undertake particular activities and that a recognised competence measurement scheme has been used

• To provide clear levels of expertise and competence required prior to recruiting construction professionals and/or engineers in safety critical roles and any operatives. And subsequently for appraising / training those personnel

• To help in implementing an overall competence management system (CMS) for a construction division within an organisation

• To comply with regulatory requirements/relevant standards, showing duty of care and compliance to regulations and EU directives (specifically directive 92/57/EEC and all current HSE requirements)

• To provide evidence of best practice and high levels of competence to any industry regulator and to avoid potential litigation

• To have the necessary criteria for a Statutory Legal Person to meet and maintain assessed Level of Competence to enable organisational listing

It is important that the Registrar is satisfied as to the legal status of an applicant to any ICM Competence Registry™® 

NB. The decision of the Registrar is final

By way of example, the Upper Tribunal has stressed that in the eyes of the law a sole trader and a limited company are quite different legal people or legal entities ─ thus, for any ICM Competence Registry™® the Registrar applies different separate registration criteria for individual construction/property professionals who practice in their name to those similar professionals who chose to operate under a statutory legal person with a registered business name

Where an applicant to any ICM Competence Registry™® seeks registration listing in the name of the statutory legal person* from the list of acceptable corporate bodies ─ a company or other corporate body has a distinct legal personality from its members (shareholders), officers or directors ─ it is a condition of the Registrar that the registered controller of the corporate body MUST inform the Registrar in writing within 28 days of any change in the name or legal form of the statutory legal person / corporate body / registered undertaking and the address of establishment

* NB. only those types of statutory legal persons contained in the list will be permitted to apply in the name of the organisation for registration on any ICM Competence Registry™®  ─ in all other cases, registration will only be allowed to individuals in their own names not their trading names.  A list of current accepted statutory legal persons is maintained by the Registrar and is subject to change ─ the full list is available upon written request and the options available may be selected at time of application.  The Registrar's decision for any named organisation to be placed on the Register or removed and/or replaced by a named individual shall be entirely at the discretion of the Registrar, and such decision is final

The Underlying CDM Codes:

Any ICM Competence Registry™® is designed to provide a secure, reliable, independently third-party audited, certified, ISO9001 quality managed proof of appropriate Knowledge, Skills, Expertise, and Capability for all the Statutory Duty Holders operating (where applicable) in compliance with the Construction (Design and Management) Regulations 2015 (CDM 2015) which are the Statutory Regulations that cover the management of health, safety and welfare when carrying out construction projects and, for all the Statutory Duty Holders in compliance with the Building Safety Act and Fire Safety Act

All organisations making application for assessment for appropriate registration and listing onto any ICM Competence Registry™® will be required to demonstrate an in-depth cultural understanding of the respective roles, responsibilities and procedures of safe construction, robust design risk management, safe management through all the stages of building from project inception, pre-construction stage, procurement of the construction phase, effective safe management and maintenance of property after the construction phase during the user stage, to safely demolishing and appropriately managing environmental impact.

The Assessment:

Administration Charge for Assessment

The Administration Charge of £450.00 for Assessment and Certification is a one-off non-refundable payment per application and includes any subsequent communication with the Assessment Team and assigned case officer to guide during the assessment process in order to answer queries and, where necessary, for the applicant to submit further information, documents, or clarification the Assessor may require to satisfy the Registrar to enter the organisation into the Registry.

The Registration Process is robust and thorough, it has to be! ─ any competent organisation or team ought not to have any difficulty in providing the Reversed Burden of Proof that is required to be submitted, peer expert reviewed, assessed, and certificated ─ the achievement of appropriate listing on any ICM Competence Registry™® allows commissioning clients certain knowledge they select from a high level of expertise ─ it makes good sense, leads to safe design, will be liked by PII underwriters, and saves lives too! 

Annual Licence Fee

Payment of the Annual Licence Fee permits the registered named organisation limited use of the Registered Trademark of The Institute of Construction Management™® 2018 - UK00003314886 for each year the organisation remains current and paid up on the Registry.   The Trademark reference may be used and displayed on company headed and Site Name Boards and must not be used in any other way unless authorised for use by The Institute of Construction Management under appropriate current license terms and conditions. 

The infringement of trade marks and copyrights can be criminal offences and also actionable in civil law. 

Registration of an organisation is the mark of a holistic competence independently assessed and immutably won ─ the Annual Licence Fee is derived from Audit Statement of all the personnel working towards the objective and culture of CDM / BSA / FIRE / B.Regs ─ calculated each year from the published matrix (contact ICM Admin for latest published matrix in force)

Update of the Register

The Registered Corporate Organisation Body MUST at all times comply with the Codes without exception.  The public rely upon the probity and validity of any ICM Competence Registry™® and the assessed profiles of those who are assessed ─ it is a condition of the Registrar that the registered controller of the corporate body MUST inform the Registrar in writing within 28 days of any change in the name or legal form of the statutory legal person / corporate body / registered undertaking and the address of establishment.

An Administration Charge of £30.00 is required to be paid for each change ─ when such changes are made the existing Registration Certificate is cancelled and a new Certificate will be issued.

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