what I refute is that your interpretation of the AD is logical.
I never said that the AD should be logical.
You were the one who decided to interpret AD P in a way which was illogical.
By insisting on a syntactic exactitude you created the situation where the document becomes semantically illogical in preference to a situation where it does not become illogical but contains wording whose intention is clear and consistent and logical even if it may be less than perfectly correct English.
You are the one saying that the AD cannot be relied on for any advice on what to do if there's more than one CU because it assumes that there is only one.
Are you familiar with the concept of doing things with reasonable skill and care?
Do you genuinely believe that your reading of what AD P is attempting to tell people is being done with reasonable skill and care?
Are you familiar with the concept of doing things which are to the best of your knowledge and belief correct?
People come here for advice, Stoday because they expect to find people who know more than them who will give them valid information.
Are you really saying that to the best of your knowledge and belief the following are true:
- The Building Regulations intend that modifying a CU by removing or bypassing the main switch makes the installation of it non-notifiable.
- That new cables connected to previously unused breakers in a distribution board do not count as new circuits and are therefore not notifiable.
- That new cables connected to previously unused breakers in a CU do not count as new circuits if there's more than one CU and are therefore not notifiable.
You comply with the AD by doing what it says, not by doing what you think it intended to say. Hence it can be illogical.
Which do you really think is
more logical:
- Someone with more than one CU should decide that "Notifiable jobs include new circuits back to the consumer unit..." does not apply to them because they have more than one because that must be what the Approved Document is trying to tell them?
Or
- they should decide that "Notifiable jobs include new circuits back to the consumer unit..." should be read as "Notifiable jobs include new circuits back to the consumer unit they go back to even if it is not the only one" because that must be what the Approved Document is trying to tell them?
As you now accept that courts
do make rulings on what they think the
intention of the legislators was, which do you
really think would be the interpretation of "Notifiable jobs include new circuits back to the consumer unit..." that a court would be
most likely to go with?
So you have to assume it’s wired incorrectly for your criticisms to be valid eh?
No. You said that nobody could suffer a loss if they were told that no notifiable work had been done when it had been. The loss could equally be that they had to foot the bill later on to have the electrical work checked when they found out that they had no guarantees that it complied with the law. It could be that they feared the house might turn out to be worth less to them because if the irregularity and they might take the view that they would not have paid the amount that they did had they known of the irregularity.
People who believe that they have been misled by the seller in a transaction with a value of several hundred thousand pounds can and do take legal action.
Here is an example - it's not for the same type of misleading statements, but it does show that legal action does happen:
http://www.walkermorris.co.uk/content.aspx?id=177
Here is a solicitor advising that
"Another area where sellers often cause themselves expensive problems relates to pre-contract enquiries which are forms submitted by the buyer, posing questions relating to the property, which the seller has to answer. These questions, which are in the form of a two part property information pack are submitted by the buyer to the seller and if answered fraudulently or negligently can form the basis for the issue of legal proceedings by the buyer against the seller claiming damages."
So it is something to be aware of, it can and does happen, and if it does then the court may well rule that a defendant's decision that "Notifiable jobs include new circuits back to
the consumer unit..." did not apply to them because they had more than one consumer unit was unreasonable.
Yes, it's all ifs, mights and maybes, but it all comes down to whether you, as an intelligent, reasonable and knowledgeable person who
is an electrical engineer and who
can understand descriptions of electrical work are acting intelligently and reasonably when you tell people that AD P does not make new cables back to a CU notifiable if there's more than one CU.
Indeed, as comms pointed out, there is no disagreement that a cheaper and less flexible design would still comply with BS7671 but not require notification. Far from being “complete rubbish” it’s a job that’s better than it need be and that’s triggered the question of notification.
It is often the case that the best choice is notifiable and inferior ones are not. People should not be advised to adopt inferior solutions just to avoid notification, they should be advised to do a good job.
Of all the judges, Justice Eady is the least likely to interpret the intentions of Parliament correctly. According to The Times, Eady has... boosted libel tourism. He used to be Britain’s top libel judge but was replaced this year by Justice Tugendhat.
Be that as it may, that does not alter the fact that he did make judgements based on his views of what legislation intended.
And that is not rare behaviour and it is not limited to him - it's what judges are called on to do all the time and it's how our legal system develops.
Courts are very ready to act on what they believe the intention of the law-makers was
Utter tosh! Just cite a case where the judge has said such a thing. Just one will do.
Anyone can see that that statement is nonsense because no two judges will make the same interpretation. We would finish up not knowing what the law meant.
Whatever, whilst I have no doubt that there was a case as cited, I think the report may well have been subject to spin.
So I have cited a case, you said just one would do, so I did not write utter tosh or nonsense.