by Clair Mooney | 8 Mar, 2019 | Main News Feed
IP and Brexit
Since issuing a circular on this subject on 28 February 2019, another update issued on 1 March has appeared on the GOV.UK/EUEXIT website. Please click here to view.
In addition to the above information on Intellectual Property, more specific information concerning Traded Marks was issued on 1 March 2019. Please click here to view.
• Once the UK leave the EU without a deal, EU Trade Marks (EUTMs) will no longer provide protection in the UK
• UK protection will be preserved by the government revising UK law to provide holders of existing EUTMs with a comparable UK trade mark on exit day
• From exit day, all existing registered EUTMs will be treated as if they had been applied for and registered under UK law
• For all registered EUTMs a comparable UK trade mark will be created which will be recorded on the UK register
• These UK rights will retain the filing dates recorded against the corresponding EUTMs and will also inherit any priority and/or seniority dates.
• They will be fully independent UK trade marks which can be challenged, assigned. Licensed or renewed separately from the original EUTM.
• These comparable rights will be created at no cost to the original holder of the EUTM.
by Clair Mooney | 8 Mar, 2019 | Main News Feed
MHCLG has extended the deadline for responses to the Call for Evidence for Approved Document B (Fire safety) to 15 March 2019 due to some respondents being unable to submit their reply due to technical reasons. We would encourage individual members to also respond directly with your views and evidence using the attached form to ADBconsultation@communities.gsi.gov.uk
We have submitted the attached response which has been sent to The Ministry of Housing, Communities and Local Government (MHCLG).
If you have any additional points that we should consider as part of our ongoing work on this subject, please do feed them in. Also we-d be grateful if people send us any direct responses you have submitted.
Please call Joe Cilia on 07795 958 780 if you have any questions.
by Clair Mooney | 8 Mar, 2019 | Main News Feed
CSCS has confirmed that the Grandfather Rights scheme will be phased out from 2020 and will be abolished completely from 2024.
The scheme – officially known as Industry Accreditation – allowed workers to obtain CSCS cards based on their industry knowledge and an employers’ recommendation rather than the achievement of a recognised qualification.
CSCS closed Industry Accreditation to new applicants in 2010 but those already holding a card are currently able to renew on the same basis.
From 1 January 2020, all cards renewed under Industry Accreditation will expire on 31 December 2024 and CSCS will stop issuing the card from 30 June 2024.
CSCS chief executive Graham Wren said: “Following the closure of the Construction Related Occupation card and the Construction Site Visitor Card, cards gained by Industry Accreditation are the only cards in the CSCS scheme which do not require the cardholder to achieve a recognised qualification.
“Industry Accreditation does not support industry’s desire for a fully qualified workforce and as such it will be withdrawn.”
What each of the 60,000 Industry Accreditation card holders need to do next depends on their occupation and any qualifications they may already hold.
Those without qualifications will be required to register for the appropriate qualification for their occupation before their cards expire in 2024.
Wren added: “A lot of work has taken place to ensure those with cards issued under Industry Accreditation will be able to transition to other CSCS cards as simply as possible.
“We are making this announcement early to ensure card holders and their employers have enough time to make the necessary alternative arrangements.”
The withdrawal of Industry Accreditation will be the final step towards achieving the Construction Leadership Council’s objective of ensuring cards are only issued to those who have achieved, or are in the process of achieving, a nationally recognised construction related qualification.
For more information click here
by Clair Mooney | 8 Mar, 2019 | Main News Feed
This will come info force on 1 October 2019. Although this might seem like some time away, this change will see VAT being paid between construction firms ‘reversed charged’ which will have consequences for your cashflow and accounting systems.
We recommend members take a look at the JTC guidance and also seek advice from your accontants. The Policy Paper details the reform and details the impacts. The Government has also produced a Guidance Note.
by Clair Mooney | 8 Mar, 2019 | Main News Feed
CITB has announced a major boost in funding to help employers take on construction apprentices.
From 1 April, CITB’s attendance grants to employers will increase to £2,500 per year, while achievement grants will rise to £3,500 for companies whose apprentice successfully completes their training.
This is an overall funding increase from £10,250 to £14,500 for each apprentice an employer takes on – an uplift of over 30% on existing rates.
CITB has decided to increase employer funding at a time when construction apprenticeships are falling. This is due to factors such as economic uncertainty caused by Brexit and employers adjusting to new apprenticeship reforms, including the Apprenticeship Levy.
But construction needs many more learners not only starting, but completing their apprenticeships and joining the workforce. CITB’s forecast shows the industry needs to fill some 168,500 new jobs over the next five years, and to grow much more of its own domestic workforce, given likely limits on future access to migrant workers.
Stephen Radley, CITB Director of Strategy and Policy said:
“We know that taking on an apprentice is a big investment for employers who have seen the cost of doing this go up significantly in recent years.
“These grant increases are designed to help employers of all sizes take on apprentices and ensure those learners complete their courses.
“CITB support isn’t just about money, but we believe that this major rise in grant funding will improve both apprenticeship starts and completions in our sector.”
This announcement follows extensive consultation with employers across Great Britain through discussions, online surveys and feedback from employer events.
In the coming weeks, CITB will share further measures to support apprenticeships in construction.
Sarah Garry, Skills Manager of Build UK said: “We welcome the increase in funding for apprenticeships which should make a real difference for all employers, regardless of the size of their business. This is one piece of the puzzle. CITB and industry working together will ensure the apprenticeship process is easy to understand and is accessible for everyone.”
Brian Berry, Chief Executive of the Federation of Master Builders said: “The increase in grant funding is good news for employers in the construction industry, particularly small construction firms. It will allow SME businesses to take on even more apprentices, including for specialist courses in order to meet the construction industry’s demand for highly-skilled individuals.”
by Clair Mooney | 8 Mar, 2019 | Main News Feed
Skills and training funding provides an extra incentive to small employers to deliver construction training which align with CITB’s grant scheme. This funding also supports training interventions in management and leadership. Details are below. If you would like to talk this through in further detail, please contact FIS sector skills engagement manager Amanda Scott on 07900 083325 or email amandascott@thefis.org
Who can apply for funding
CITB-registered employers with up to 99 PAYE staff. Employers can apply for Skills and training funding once every 12 months.
How much you can apply for
CITB-registered employers can apply for funding related to how many direct employees they have:
- Employers with 1 to 49 PAYE staff can receive up to £5,000.
- Employers with 50 to 74 PAYE staff can receive up to £7,500.
- Employers with 75 to 99 PAYE staff can receive up to £10,000.
How to apply
To apply for skills and training funds, please read the guidance notes provided in the application form.
To complete and submit the form, you should:
- Download the application form and save it to your computer
- Complete all fields
- Ensure that you regularly save this application to your desktop to prevent loss of data
- Save and send the completed form to skills.training@citb.co.uk
Scanned copies will not be accepted.
If you have any problems with completing your application form please contact skills.training@citb.co.uk
What happens next
The funding team will examine the applications in blocks or after a defined ‘assessment point’. Please see details of when applications will be considered:
30 April 2019
31 May 2019
28 June 2019
31 July 2019
30 Aug 2019
30 Sept 2019
31 Oct 2019
29 Nov 2019
31 Jan 2020
28 Feb 2020
29 March 2019
You should receive a decision within 4 weeks after the score point following your application.
by Clair Mooney | 6 Mar, 2019 | Main News Feed
Following a Competition and Markets Authority (CMA) investigation, each company has admitted to breaking competition law at least once during the period of 2006-2017, in some cases on multiple occasions.
The firms, based in London and the Home Counties, provide services such as fit-out, design and refurbishment of commercial and non-residential premises. Office fit-out is part of the construction sector.
Each company has admitted to participating in “cover bidding” in competitive tenders, colluding on the prices they would bid for contracts. Typically, cover bidding involves companies agreeing with each other to place bids that are deliberately intended to lose the contract, thereby reducing the intensity of competition. This type of illegal behaviour can lead to customers paying an artificially inflated price or receiving poorer quality services.
These cover bids affected 14 contracts with a variety of customers, ranging from a City law firm to a further education college.
The 5 companies have formally admitted that their actions constituted a breach of competition law. They have therefore agreed to pay the following fines that reflect a number of factors including the companies’ size and financial position, and their role in the cartel behaviour:
- Fourfront has agreed to pay £4,143,304
- Loop has agreed to pay £1,090,816
- Coriolis has agreed to pay £7,735
- ThirdWay has agreed to pay £1,780,703
- Oakley has agreed to pay £58,558
Andrea Coscelli, the CMA’s Chief Executive, said:
The CMA is concerned it is seeing a lot of evidence of anti-competitive conduct in the construction industry, and we have already taken a number of cases in this sector. Today’s fines reinforce the message that the CMA will not tolerate competition law being broken.
As shown by the total of £7 million in fines agreed today, we will not turn a blind eye to illegal behaviour and we will impose penalties where we find laws have been broken. This can include seeking disqualification of company directors.
Any business found to have infringed the Competition Act 1998 can be fined up to 10% of its annual worldwide group turnover, and directors of the companies concerned can be banned from holding directorships for up to 15 years.
The CMA runs a Leniency Programme to encourage businesses and individuals to come forward with information about their involvement in a cartel. Businesses which come forward and co-operate with the CMA may be granted immunity from penalties or a significant reduction. In this case, JLL brought information about the conduct to the CMA’s attention and, in accordance with the CMA’s Leniency Programme, will therefore not receive a fine. Under the Leniency Programme, Loop will receive a 25% discount to its fine for coming forward with information about its participation in the cartel behaviour, and co-operating with the CMA.
Further information can be found on the design, construction and fit-out services case page.
by Clair Mooney | 1 Mar, 2019 | Main News Feed
The latest forecast from CITB expects positive growth for the sector despite the uncertainty of Brexit.
The annual Construction Skills Network (CSN) report – a five-year forecast into the industry’s skills needs – anticipates construction growth of 1.3% across the UK, down a third of a percent on the previous year. The forecast is based on the scenario that the UK agrees an exit deal with the EU, rather than a ‘No Deal’ situation.
The biggest increase is expected in public housing, which is pulling ahead as infrastructure slows. Financial support from Government at both local and national levels is encouraging a 3.2% growth rate in public housing, up half a percent since last year’s forecast.
Infrastructure is set to grow by 1.9%, down from 3.1% predicted in last year’s forecast. The sector has been heavily affected by Brexit uncertainty and by investors stalling construction of the Welsh nuclear power plant Wylfa in January.
Commercial construction is significantly declining due to investors taking a cautious stance in the face of Brexit. The forecast expects the sector to drop sharply this year then level out by 2023, with zero growth anticipated overall.
However the housing repair and maintenance sector appears to be benefitting from a quieter property market as home owners halt plans to sell up and instead focus on improving their current properties. By 2023, the sector is expected to have grown by 1.7%.
Despite the wider economic uncertainty, more construction workers will be needed over the next five years. An approximate 168,500 construction jobs are to be created in the UK over the next five years, 10,000 more than in last year’s forecast. Construction employment is expected to reach 2.79 million in 2023, just 2% lower than its peak in 2008.
Steve Radley, Policy Director at CITB, says:
‘This forecast aptly reflects the uncertainty, particularly associated with Brexit that we’re seeing across the wider economy. Currently, concerns around Brexit are weighing on clients and investors, creating a knock-on effect on contractors and their ability to plan ahead.
However, assuming that a deal is agreed, we expect low but positive growth for construction. Even as infrastructure slows, sectors like public housing and R&M are strengthening. This will see the number of construction jobs increase over the next five years, creating growing opportunities for careers in construction and increasing the importance of tackling the skills pressures we face.”
by Clair Mooney | 27 Feb, 2019 | Main News Feed
Important update if you manufacture or import products covered by the Construction Products Regulation (CPR) if there is no Brexit deal
This guidance from MHCLG provides practical information on the legal requirements that would be required in a no deal scenario.
This update includes a Q&A section which was updated today.
Download the document here.
