'Competent persons' in terms of the 17th Edition and Part P

This VoltiBULLETIN again examines BS 7671: 2008 Requirements for Electrical Installations, IEE Wiring Regulations 17th Edition, but this time covering 'competent person' definitions (17th Edition and Part P of the Building Regulations), Special Locations, and some of the products that are suitable for them.

There are many changes in the 17th Edition. For the most part, these have been made so that this Edition harmonises with European practise (CENELEC), though other changes, or completely new recommendations, reflect changes in wiring installation practise, safety requirements or technological, advance.
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Key changes include certain new and important definitions. The 17th Edition defines differing levels of competences for the supervision of electrical installations. These are important in terms of the design (and practise) of electrical installations, including those in domestic premises. All definitions, including those we are concerned with here, are found in Part 2 of the 17th Edition. It is extremely important that anybody requiring a good knowledge of the 17th Edition reviews Part 2, as the exact terminology used to define specific words or phrases is crucial to an understanding of the remainder of the Regulations.

The 'person' definitions were in the 16th Edition but are of particular importance in the 17th Edition. They are:

• Skilled Person: 'A person with technical knowledge or sufficient experience to enable him/her to avoid dangers which electricity may create'.
• Instructed Person: 'A person adequately advised or supervised by skilled persons to enable him/her to avoid dangers which electricity may create'.
• Ordinary Person: 'A person who is neither a skilled person nor an instructed person'.

These definitions are crucial as can be understood by Regulation 522.6.7. This requires that, where the installation is not intended to be under the supervision of a skilled or instructed person, and where measures to provide mechanical protection, such as those listed above, have not been applied, then cables must be: run in 'safe zones' (ie. run horizontally or vertically to the outlet point); and protected by a 30mA RCD.

The definitions of a 'skilled person' and an 'instructed person' are given above, but Regulation 411.3.3 associates electrical installations that are under the supervision of skilled or instructed persons with commercial and industrial locations, not domestic premises.1

Finally, and essentially, there is a new definition:

• Competent Person: 'A person who possesses sufficient technical knowledge, relevant practical skills and experience for the electrical work undertaken and is able at all times to prevent danger and where appropriate, injury to him/herself and others'.

One 'blogger', writing in an IET forum, has clearly put some thought into this. He has come up with the following 'competency' list (note that this is NOT official!), but is only intended to show how the 'Competent Person' definition might apply in practise:

• Private dwelling - none
• Rented dwelling - none
• Managed dwelling - instructed
• Commercial un-managed - none
• Commercial managed - instructed / skilled
• Industrial (no resident technician) - instructed
• Industrial (resident technician) - instructed / skilled
• Student accommodation blocks - instructed
• Schools - instructed
• Universities - skilled.

Part P of the Building Regulations:

From 1st January 2005, anybody carrying out electrical installation work in dwellings in England and Wales has been required to make 'reasonable provision in the design, installation, inspection and testing' of this work to protect persons against fire or injury.

Part P of the Building Regulations affects all electrical work carried out in dwellings. Those carrying out electrical work in homes and gardens in England, Wales and Northern Ireland (not Scotland or the Republic of Ireland) should follow the rules set out in Part P to ensure that they are complying with the law. These rules have been designed to ensure that electrical work is safe. Each year, on average, around 10 people die and 750 are injured in accidents involving unsafe electrical installations in the home. In addition, around 2000 - 2500 house fires are typically caused by faulty electrical installations in any given recent year.

Essentially, then, Part P was been introduced to reduce the number of deaths, injuries and fires caused by faulty electrical installations, and to make life harder for the 'cowboys' who often carried out unsafe and unsuitable electrical installations. Failing to comply with the Building Regulations is a criminal offence; however, registration with a Competent Person scheme is not compulsory. Why are we looking at Part P here? The reason is that Part P has its own - and different - definition of a 'Competent Person'. It is important not to confuse this definition with the new one in the 17th Edition.

A 'Competent Person' - as defined by Part P, is 'a firm that has been approved by one of the government-approved Part P schemes as sufficiently competent to self-certify that its work complies with the Building Regulations'. Therefore, a 'Competent Person' in this case is a person (or 'firm') who registered with one of the scheme providers that has been approved by The Department for Communities and Local Government (www.number10.gov.uk/output/Page1490.asp) - to administer such schemes.

A company ('firm') can be a single person, but they are not necessarily employees. Such firms have to register with a Competent Person scheme to avoid having to notify the scope of the work to the local authority. The firm then has to appoint a 'qualified supervisor' to sign off work that comes under the scope of Part P. As such, if a firm wants to become a 'Competent Person' (in Part P terms) it must first be vetted to ensure that it meets the conditions of registration, including the required levels of competence. The minimum standard of technical competence requires that electrical work in dwellings is designed, installed, inspected and tested to the standard required by BS 7671. This is now the 17th Edition. Applicants for a Part P Competent Person Scheme are assessed to be able to work to these standards.

Note that a Part P registered/approved firm is not required to notify a building control body of its proposals to carry out electrical installation work before it begins, or to have the work inspected on completion. This reduces costs for the customer as the additional charges for calling out a building control body can be avoided.

These highly important differences in the 17th Edition and Part P of the Building Regulations definitions of 'Competent Person' are crucial in working safely and reliably with electrical installations. Note, however, that the 17th Edition is non-statutory - only recommendations as to best wiring practise. However, it may be used in a Court of Law in evidence to claim compliance with a statutory requirement. The relevant provisions are listed in Appendix 2 of BS 7671.

1 From information supplied by NAPIT.