16.5  CDM Regulations - Service Provider to act as Client

In respect of the CDM Regulations:

(a)  in this clause 16.5 and clause 16.6, Client, Executive, Health and Safety File and CDM Co-ordinator have the same meanings as in the CDM Regulations;

(b)  the Service Provider [has elected] [hereby elects] that for the purposes of the CDM Regulations the Service Provider shall be treated as the only Client in respect of the Works [and the FM Services] pursuant to Regulation 8 of the CDM Regulations and the Authority [has agreed] [hereby agrees] to such election;7

(c)  the Service Provider shall ensure that the Construction Contractor is aware of such election and warrants to the Authority that it is competent to perform the duties imposed on a Client by the CDM Regulations and shall not at any time terminate, withdraw or derogate in any manner from its declaration or its acceptance of its responsibilities as Client; and

(d)  the Service Provider shall within twenty (20) Business Days of the issue of the Certificate of Practical Completion deliver to the Authority the Health and Safety File.

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7  This election should be made as soon as the preferred bidder is appointed.