The Lobbying (Scotland) Act 2016 is an Act of the Scottish Parliament which creates a Lobbying Register and introduces new duties to register lobbying activity.

On Monday 12 March 2018, the Lobbying (Scotland) Act 2016 will fully come into force. On that date the duties to provide information to the Lobbying Registrar take effect and new criminal offences relating to failures to provide information also come into play.

Key points to be aware are:

• The 2016 Act is concerned with face to face communications (including video conferencing and Skype) with Members of the Scottish Parliament, Scottish Government Ministers, special advisers and the permanent secretary to the Scottish Government
• A communication may be ‘regulated lobbying’ even if it is very informal – it can include conversations at parliamentary receptions, at conferences or trade events or even in the street.
• A return has to be made on a six monthly basis to the Lobbying Registrar setting out each occasion that you or your organisation engaged in regulated lobbying

More information and guidance is available from the Scottish Parliament’s Lobbying Registrar’s team.

CITB have made changes to the Site Safety Plus (SSP) courses and supporting publications for 2018.

These revisions only relate to the below courses currently. The remaining Site Safety Plus courses will be reviewed in turn from early 2018.

All of the supporting publications content has been reviewed and updated, where necessary, to ensure information reflects current legislation and good practice.

For the below courses, exam pass rates have been increased to 80% and delegates can re-sit on the day with a different exam paper.

Health and Safety Awareness (HAS) course changes

• Content includes new elements relating to mental health and environmental awareness

• HSA exam papers have been revised and now include 3 safety critical questions, which will need to be answered correctly by delegates to pass the exam

• At the end of the course an exam must be completed on the same day. This can either be the traditional exam paper or electronic HS&E Operatives test online. If a delegate is taking an electronic test on a different date to the course, the paper test will need to be taken on the day.

Site Supervisor Safety Training Scheme (SSSTS) course changes

• Content includes an element of stress and mental health awareness and environmental issues

• There is a scenario-based case study exercise for SSSTS including a method statement and risk assessment to test learning. This will be assessed via the trainer review alongside the new exam papers

• Revised exam papers include 4 safety critical questions which will need to be answered correctly by delegates to pass the exam. The papers also include new style questions as well as multiple choice, e.g. image questions and written question and answers.

Site Managers Safety Training Scheme (SMSTS) course changes

• Content includes stress and mental health awareness

• Revised exam papers include 5 safety critical questions which will need to be answered correctly by delegates to pass the exam. Papers are now 20 multiple choice and 5 written questions.

Directors Role for Health and Safety (DRHS) course changes

• The DRHS course has been completely reviewed and a 2-part scenario has been introduced, which will develop the director’s skills as well as producing an action plan taking steps to put things right on site

• An ‘action plan and skills matrix’ which will be developed around each delegates specific business needs – this will not be assessed but will provide them with something tangible to walk away with and work on to improve their own site/business

• Exam papers have been revised and updated

• A supporting mandatory publication has been introduced for the DRHS course

All of the SSP changes will come into effect from 2nd January 2018.

If you have any queries regarding the Site Safety Plus courses between December and January please contact CITB.

To buy the official publications click here.

Build UK is continuing its work with Construction Industry Publications (CIP) to ensure the Construction Health & Safety (H&S) manual includes industry recognised health and safety policies and standards.

This integrated approach aims to improve the knowledge and practices of those on site without duplicating information or publishing conflicting advice.

Build UK partner Construction Industry Publications (CIP) is offering all Build UK members an exclusive 30% discount (excludes the six monthly updates) on its online combined Construction Health & Safety and Environmental Manual CIP Knowledge, and also on hardcopies and CDROMs.

The latest update to CIP Knowledge includes:

• Completely re-written sections on Contaminated Sites, Electricity (by the ECA) and Noise and Vibration.
• New guidance on signals and communication in Mobile Plant and Site Transport.
• Includes updated Build UK Training Standard.
• Updated information on the CLOCS initiative.
• Revised and rewritten section on Incident Management.
• A new section is added on the measurement of embodied energy or carbon.
• A new section has been added on ‘waste crime’ and the action to be taken following an incident of ‘fly-tipping’ on site.
• Updated ESOS information.

Martin Worthington, Member of the Drafting Panel and SHEQ Director of Build UK member Morgan Sindall Construction and Infrastructure Ltd, said:

“For good practical up to date advice on health and safety matters, the Construction H&S Manual is a must for everyone involved in construction. Working with Build UK will ensure it is even more relevant on a day to day basis as the ‘go to’ source of information for all things health and safety. It will also keep the manual up to date with industry practices, and provide the more collaborative approach we all want.”

Details of subscription prices for the CIP Knowledge, which start from £246 per annum for a single user, can be found on the website. Build UK members can claim their 30% discount using the promotional code BUILDUK. Build UK members also have the opportunity to take out a free one month’s trial of the online version by registering on the CIP Knowledge website. Hardcopies and CDROMs can be purchased from the bookshop website.

For further information or to take out a subscription, please contact Sarah Kenny at CIP.

SimpleTax has provided some top tips in the run up to Christmas to help Build UK members get ahead of the game before the self-assessment tax deadline of 31 January 2018.

1. Register for a Unique Taxpayer Reference (UTR) by the 20th December if you need to fill in a tax return for the first time – read SimpleTax’s guide here

2. Make sure you’ve stopped paying National Insurance contributions if you’re still working beyond the state retirement age

3. SimpleTax is jargon free and is made for the contractor not the accountant. Watch the video here

4. Being a Build UK Member you can file your full self-assessment return for just £18.75

5. Don’t forget your books, periodicals and professional subscriptions including Build UK membership are deductible

6. Software packages including SimpleTax and computer equipment are deductible

7. Get your tax return done early so you can have a stress-free Christmas. Why wait? According to HMRC 1,944 people actually submitted their self-assessment tax return online on Christmas Day last year!

8. If you work from home don’t forget to claim a proportion of your household bills on your tax return – SimpleTax shows you how!

9. No more lost receipts, use the SimpleTax’s phone app to scan your receipts and invoices

10. Don’t miss the Self-Assessment deadline – filing after the 31st January incurs an automatic £100 fine.

Build UK members can receive a 25% discount on the software by using the code BUILDUK17. More information can be found here.

Government published updated guidance following Build UK representation.

Consultation on Retention Payments in the Construction Industry

Build UK held two Member Briefings and published summary of discussions

Payment Group supported roadmap to zero retention.

Government published consultation on the use of retention with proposal to create a retention deposit scheme.

Retentions Working Group signed off roadmap to zero retention

Retentions Working Group signed off roadmap to zero retention.

Build UK formed Retentions Working Group which agreed to develop roadmap to zero retention.

Build UK is supporting the Construction Industry Brexit Manifesto, along with Association for Consultancy and Engineering (ACE), Construction Products Association (CPA), Civil Engineering Contractors Association (CECA), Federation of Master Builders (FMB), Home Builders Federation (HBF) and National Federation of Builders (NFB).

All of these major construction umbrella groups and federations agree that the construction industry should be viewed by the Government as a strategic industry, as without it Ministers will be unable to meet their ambitious plans for the delivery of new homes and infrastructure projects.

Construction represents 10% of total UK employment and is a key driver of jobs and economic growth right across the UK. Therefore the skills requirements of the sector must be taken into account as the Government shapes its post-Brexit skills and immigration policies.

The Construction Industry Brexit Manifesto includes recommendations to Government and Industry on what they can both do to boost construction skills and help ensure that there a sufficient number of skilled construction works now and in the longer term.

This includes recommendations on:

• Existing workforce retention
• Determining the industry’s future needs
• Transition period and rules
• Post-transitional framework.

For more detailed information on these recommendations, please view the Construction Industry Brexit Manifesto.

Members can access the Construction Industry Joint Taxation Committee’s (JTC) monthly tax guidance newsletter as a key benefit of Build UK membership.

Members often register the difficulties they face in complying with changes to taxation rules and regulations, and can now access the JTC newsletter which is publicised monthly on Newsline and includes guidance on challenging issues and direct responses to taxation queries.

The December edition includes:

• The announcement in the Budget that it looks likely that from October 2019 all VAT being paid between construction firms will be ‘reverse charged’, meaning VAT will be paid straight to HMRC
• Key features of Simple Assessment Calculations
• The importance to act if you receive a letter on reviewing the employment status of workers.

The full newsletter can be viewed here. If you have a query relating to items in the newsletter, please contact Liz Bridge.

Build UK partner, B&CE are working to improve the health of construction workers by enabling workers to own and manage their health records for the first time.

B&CE, the not-for-profit construction industry owned pensions and benefits provider, has held a series of breakfast meetings to find out the industry views on the framework that will underpin their proposed new occupational health model.

Events were held in Glasgow, Birmingham and London, with a range of construction firms attending, along with occupational health providers and representatives from Federations, unions and the Health and Safety Executive (HSE).

The purpose of the meetings was to gather immediate reaction to the proposed framework and see whether attendees thought the framework would simplify occupational health for them and whether they would adopt the framework for their business.

The results of the meetings show that the majority of attendees at the events agreed that it would be beneficial to them.

B&CE have launched an online consultation, which will remain open until Friday 29 September. Click here to leave your feedback on the model or to watch their short overview video. 

In the summer of 2017, Build UK member Mace launched its Insight’s Paper ‘Social Value: Underpinning our future legacy’.

The paper makes the case, and a number of recommendations, for a more consistent and ingrained approach to incorporating social value as a positive solution and as a key contribution to the UK’s Industrial Strategy.

Mace is looking to work with other Build UK members with a view to developing a clear consensus on what social value means for construction and how it could be measured consistently.

A ‘task and finish’ group is proposed to look at the first two recommendations in the paper which are:

1. Defining specifically what social value means for the construction sector and linking key outcome measures against the objectives of the industrial strategy.

2. Developing social value measures that are relevant.

The group would look to:

• to discuss and debate principles around social value to create a shared definition
• map and benchmark existing activities
• create the parameters and measures by which any assessments for social value could be made
• agree how this work could be taken forward.

It is anticipated that there would be a limited number of meetings (no more than four) and suggest that working collaboratively on this issue would be of benefit to Build UK members and the wider industry both in terms of a consistent approach being recognised by clients, local and central Government and using members resources dedicated to increasing social value being used more effectively.

Mace will be co-ordinating this group and all Build UK members are invited to nominate representatives to either join the task and finish group or receive information and contribute views.

If you or a colleague would like to be involved in this project please contact Laura Smith and further details will be circulated.

The Construction Industry Training Board (CITB) is increasing the standardisation and transferability of training in the construction industry and is launching a Construction Training Directory to support this.

The Construction Training Directory is a searchable online directory of construction-related training courses, tests and qualifications which are delivered by Approved Training Organisations (ATOs) to defined training standards.

To ensure the Training Directory is available by April 2018, CITB will be engaging with employers and ATOs to:

• Define industry-agreed Training Standards. CITB will work with specialist sectors and use pre-existing guidance to define the Training Standards. There will then be a period of consultation for employers and stakeholders to feedback their comments
• ATOs will be able to apply to have courses which they deliver mapped to the CITB Training Standard.

Where the employer also provides training, they will be able to register to become an ATO, in addition to using the Training Directory to identify suitable training.

Where relevant, these products will be supported by automated grant payments, which means that on successful completion of a course which qualifies for grant payment, the ATO will trigger an automatic payment, direct to the employer’s bank account.

In April 2018, CITB will also launch the Construction Training Register an online register that holds individuals’ transferable, construction-related training achievements and qualifications. Over time it will build a comprehensive picture of skills training across the UK.

On successful completion of the training course the ATO will input training information into the Construction Training Register. This will allow employers to view the transferable training achievements and qualifications of employees, enabling training needs to be identified and allowing for better planning of training and workforce development.

To view an overview of the Construction Training Directory, and for more information click here.

Build UK’s Training Standard has been updated to reflect these changes.

From January 2018, there will be a number of changes to the Health, Safety and Environment (HS&E) test. An outline of the key changes to the test are listed below:

In January 2018

• the questions will not change and the test will be updated to include ‘drag and drop’ and ‘multiple choice with images’ question styles. You can see what these questions will look like by visiting the CITB website
• Digital revision material including DVDs, downloads and app revision have been updated to include the new question styles and are available to purchase from the CITB Shop. If you purchased one of these items in 2017, there will be a free of charge update available.

In June 2018

• Other new question styles will be introduced
• New question content will replace some of the existing questions from 1 June
• All versions of revision materials (hard copy and digital) will be updated and available to purchase via the CITB shop from 1 April 2018.

CITB is undertaking a review to define the topic areas for future development to ensure the test continues to align to current industry activities. The revised test will be delivered from 3 June 2019.

For further information visit the CITB website and FAQ page.

As of April 2017, businesses may be required to pay the Immigration Skills Charge in cases where workers are sponsored from outside the European Economic Area (EEA).

Home Office guidance, which has been published for organisations who want to apply for a licence to sponsor Tier 2 and/or Tier 5 migrants, details the expectations of a licence holder, the processes for sponsoring a migrant and advises on how to meet the duties and responsibilities associated with being a licensed sponsor.

The guidance also outlines that for each year that the employee will be sponsored, a £1,000 per year charge will be applicable for large sponsors and a £364 charge applicable for small and charitable sponsors. This fee is payable upfront and is in addition to the cost of the Certificate of Sponsorship.

The development is likely to have a significant impact on the construction industry where statistics from the Greater London Authority (GLA) suggest that 18% of construction workers in London are from outside the EU.

For advice on the Immigration Skills Charge and any other employment issues, Build UK members can call the Employment Helpline provided by Croner on 0844 249 9873.
 

The EU General Data Protection Regulation (GDPR) comes into effect on 25 May 2018 and it will be a significant shake up of the existing data legislation.

There will be wide reaching effects on all organisations that collect, manage, process and store personally identifiable and sensitive data. This means there is a fundamental requirement that organisations protect and appropriately manage customer, employee and stakeholder information in accordance with the new Regulation.

There will need to be Board level accountability for the GDPR legislation, as there will be requirements for clear governance and reporting to ensure compliance. Breaches of data will have significant consequences in terms of financial penalties, criminal prosecution and damage to reputation.

The GDPR places greater emphasis on the documentation that data controllers must keep to demonstrate their accountability. For example you may need to review the contracts and other arrangements you have in place when sharing data with other organisations.

Guidance is still evolving, but the Information Commissioner’s Office (ICO) has very useful resources to help you on the journey to compliance and they are there to help.

• Preparing for the GDPR
• Getting Ready for the GDPR

Build UK will hold a Member Briefing on how best to prepare in January 2018. Details will be circulated shortly to Members. In the meantime, if you have any questions please contact Jenny House.