Post on 18-May-2020
Study Guidance Notes for the Pathway to Chartership (P2C)
Code Section Detailed study area Application of knowledge
A1A
A1B
A1C
A1D
Professional Ethics
Code of Conduct
The Charter
ContinuingProfessionalDevelopment
The nature of professionalism
Scope and Purpose
Integrity within relationships
Responsibility to the profession
Responsibility to the client
Role of the Landscape Institute
Obligations to client and LandscapeInstitute
The professional versus commercial position
Conflicts of interest/how they arise andmethods of resolutionHonesty and clarity of speech and action.Misrepresentation of competence /personal / professional and of staffRecognition of limitations, and workingwithin them
Fair competitionAdvertising and promotionCPD, training and mentoring
Financial accountability and liabilityManagement of the client brief andrelationshipEffective practice management andstandardsDealing with complaints
Concept of lifelong learningObligations to staff for training anddevelopmentObligations as a mentor
A1PROFESSIONALCONDUCT
Page 1 November 2006
A3A
A3B
Professionalengagement
Fees and charges
Institute documentation
Copyright
Novation
Collateral warranties
Methods of charging
What they comprise, when and howto use themAppointments were services not describedwithin standard documents
Protection available for design work andits limitations
What they are, who applies them, potentialconsequences and liabilities
Advantages and disadvantages of each,and where likely to be usedDocumentation of expenses and methodsof recovery
Study Guidance Notes for the Pathway to Chartership (P2C)
Code Section Detailed study area Application of knowledge
A2A
A2B
A2C
Liabilities undercontract, tort,statute, extent ofliability and codes
ProfessionalIndemnity Insurance
Health & Safety atWork Act
Duty of care
Limits of competence
Role of the HSE
Construction (Design & Management)Regulations (CDM)
What it covers and excludes, who itprotects, how premium and level of coverare determined
The intention of the legislationThe parties to the regulationsTheir roles and responsibilities
A2PROFESSIONALDUTIES ANDLIABILITIES
A3PROFESSIONALAPPOINTMENT
Page 2 November 2006
Study Guidance Notes for the Pathway to Chartership (P2C)
Code Section Detailed study area Application of knowledge
A3B (continued)
A3C Fee tendering Submission requirements
Payment periods/debt recovery and interestDealing with and preventing disputes
Fee calculationDealing with non-standard/inappropriatebriefsRole within multi-disciplinary fee bidsCompetition on quality measuresImportance of clarity and specificquantifiable work schedules
A3PROFESSIONALAPPOINTMENT(Continued)
A5A Forms of privatepractice
Sole practitioner / partnership / company Reasons for choice:financial / legal / size / flexibility
A5PRACTICEMANAGEMENT
A4A
A4B
A4C
Client relationships
Inter-professionalrelationships
Role of otherprofessions
Contracts with private, public andcorporate clients
Concept of agency
Multi-disciplinary teams
Understanding their skills
General methods of engagement and legallimitations for each
PFI, Framework agreements, D and B, termcontracts
Agreeing client authority to act
Methods of working/terms of engagementImplications of sub-consultancyNeed for clarity with client re relationships
When/where and how to use other disciplinesFinding/engaging other competentprofessionals
A4PROFESSIONALRELATIONSHIPS
Page 3 November 2006
Study Guidance Notes for the Pathway to Chartership (P2C)
Code Section Detailed study area Application of knowledge
A5A (continued)
A5B
A5C
A5D
A5E
A5F
Public practiceincluding NonGovernmentalOrganisations (NGOs)
Employer duties
Employer employeeduties
Quality systems
Practice promotion
Other forms of association
Best Value
Statutory obligations
Statutory obligations
Office organisation and procedures
Advertising, publicity and PR
Nature of association determining choice:consortia / co-operatives / "trusts, and therules of their formation / governance / liability"
Health and safetyInsurancesInland Revenue
Contracts of employmentEmployment rights
ISO 9001 and how it's appliedHow quality management systems workThe advantages of good system managementWorking for/with organisations that operateQA systemsProcurement/product certification
A5PRACTICEMANAGEMENT(Continued)
B1A
B1B
Principles of UK law
Principles of lawrelating to land
Acts of Parliament, Private Bills statutes,common law, EC law
Trespass and nuisance The principle in 'Rylands and Fletcher'Strict liability'
B1THE LEGALSYSTEM
Page 4 November 2006
Study Guidance Notes for the Pathway to Chartership (P2C)
Code Section Detailed study area Application of knowledge
B1B (Continued)
B1C
B1D
Negligence
Health and safety
Easements, wayleaves and covenantsRights of Way
Designer obligations
Extinguishment and re-routing
Statute of limitation, right to sue in negligenceand under contract
To the public and the contractorUse of risk assessments
B1THE LEGALSYSTEM (Continued)
B2A
B2B
B2C
Structure of theplanning system
Planning policy
Planning procedures
The concept of development control
Development plans
National guidance
Regional/local guidance
Development control
The various Town and Country Planning Acts
UDP/Structure plans/local plans -scope/timescale/process/approvalMinerals waste and transport plansForward planning v development control
PPGs/MPGs/RPGs and planning circulars
UDP/Structure plans/local plans - use indevelopment controlSupplementary planning guidanceCommunity Strategies
The nature of developmentUse class ordersThe need for consent and permitteddevelopmentSpecial development areas – their use and roleConservation Areas/Listedbuildings/registered parklands
B2THE PLANNINGSYSTEM
Page 5 November 2006
Study Guidance Notes for the Pathway to Chartership (P2C)
Code Section Detailed study area Application of knowledge
B2C (Continued)
B2D
Planning procedures(Continued)
Transport andutilities
Outline and detailed applications
Procedures for highways/utilities
Archaeology / SAMs / Scheduled battlefieldsWorld Heritage Sites
Their differences / procedures / limitations/ timescalesTo whom applied/the process / consultees/ recommendations / committeesThe appeal process and calling inReserve matters/planning conditions/s.106agreementsPlanning Inquiries –process/timescale/decision/appealEnforcement
B2THE PLANNINGSYSTEM (Continued)
B3A Environmentalassessment
Environmental statements
Environmental agencies
Frameworks legislation/schedulesScreening and scopingContent and relevance to landscapeprofessionalsApproved techniquesInter-relationship with other disciplinesMethods of assessing impacts, problemsand limitationsMitigation techniquesMonitoring – necessity and effectiveness
B3ENVIRONMENTALPOLICIES
Page 6 November 2006
Study Guidance Notes for the Pathway to Chartership (P2C)
Code Section Detailed study area Application of knowledge
B3B
B3C
B3D
Trees and woodlands
Designations
Statutory & non-statutory registers
Forestry Commission
Tree Preservation Orders
Owner/manager obligations
Countryside area designations
Ecological/wildlife
Register of Parks and Gardens
Listed buildings
Sites and Monuments Record
SAM's
Its remit and authorityRange of grants availableNational forest and community forestsFelling licences
Their impact on planningprocedures/applications/permissionsTrees in conservation areasWorks to trees/fines
Health and safetyTrees in relation to construction
National Parks/AONBGreen Belt/Areas of great landscape valueESA
SSSI/Ramsar/SAC/cSAC - theirdesignation/purpose/restrictionsNature reservesHedgerow regulationsProtection of species - which and whyLicensing/working with protected species
Their purpose/scope/limitations
Impact of designationLicensing/working within protected areas
B3ENVIRONMENTALPOLICIES (Continued)
Page 7 November 2006
Study Guidance Notes for the Pathway to Chartership (P2C)
Code Section Detailed study area Application of knowledge
B3D (Continued)
B3E
Landscapeconservation
Grant Aid/Funding
Conservation agencies
Funding organisations
Applications/payments
EN(SNH)(CCW)/EH (CADW) - their role andresponsibilitiesConsultationsAdministration of grant aid
Lottery/Countryside Agency/MIRO etcThe agencies and their individual remit
Applications and stages procedures
Payment applications / documentation /monitoring
B3ENVIRONMENTALPOLICIES (Continued)
B4A
B4B
Minerals, extraction& landfill
Pollution control &environmentalmanagement
Minerals Act
Aggregates Levy
Landfill tax
Legislation and controls
Water regulation
Impact on landscape and management plans
Its purpose and applicationThe parties/who pays/to whom/thebeneficiaries
The purpose and application of Landfill TaxThe parties/who pays/to whom/thebeneficiaries
Environment Protection Act and Part 11AContaminated landResponsibility for remediationRole of the EA
Nitrate vulnerable/sensitive areasEA best practice survey techniques
B4ENVIRONMENTALCONTROL
Page 8 November 2006
Study Guidance Notes for the Pathway to Chartership (P2C)
Code Section Detailed study area Application of knowledge
Waste regulation
Pesticide controls
Waste transfer notes
Implication of COPR and COSHH regulationsCompetence for use of pesticides
B4ENVIRONMENTALCONTROL (Continued)
B5A
B5B
Essentials of a validcontract
Limitations of actionand latent damage
Components of contract
Latent Damage Act
Collateral warranties
Purpose of contracts
Termination/performance or non -performance
Extent of liability
Use and limitations/obligations relating to PII
Intentions of the Act and its effects
B5CONTRACT LAW(Continued)
C1A
C1B
Major constructioncontracts
Different types ofcontract
Landscapecontracts
Standard forms ofagreement (inparticular the JCLI)
PFI/2 stage tendering
Design and Build contracts
Different types of contract
JCLI/JCT/ICE etc
Awareness of process and use, andimplications for LAs
Awareness of toles and responsibilities ofparties, benefits
When, where and why each is used, andpayment method
Landscape maintenance contracts - essentialdifferences
Why standard forms are usedPurpose for which each is used and whyRole and obligations of the various parties
C1CONTRACTS
Page 9 November 2006
B4B (Continued)
Study Guidance Notes for the Pathway to Chartership (P2C)
Code Section Detailed study area Application of knowledge
C1C
C1D
Sub-contracting &sub-contracts
Contractdocuments
Sub-contract documents
Novation
Function of the 4 elements
Standard specifications
SMM
Housing Grants, Construction &Regeneration Act
Differences to the main contract
Nomination and naming - differences andproblems
Use and application
Hierarchy of useAdvantages/use of Bills of QuantitiesReasons to vary standard conditionsReasons to include damages and level atwhich setUse of extended aftercare and implicationswithin a construction contract
Use and value of usingCo-ordinated Product Info (CPI)
Use and value of using, limitations forlandscape works
Intention of the legislationScope and limitations, and use of'the Scheme'Payment provisionsPrinciples of adjudication
C1CONTRACTS(Continued)
C2A Selectingcontractors
Methods of selection Approved contractors lists/standing lists andtheir applicationLong and short listing – why and howFinancial, technical and quality references,and how to assess
C2PRE-CONTRACTAND TENDERINGPROCEDURES
Page 10 November 2006
Code Section Detailed study area Application of knowledge
C2B
C2C
Tendering methodsand codes
Letting the contract
Documentation for tendering
NJCC Code of Practice
Tender reports
Signing the contract, letters of intent, bonds
Secrecy in tenderingAmendments during the tenderperiod/notices to tenderersTimescales for receipt and requests fortender extensionReceipt and opening formalities
Principles of the two optionsPracticalities of making adjustments
Scope and contentFactors in making a recommendation/posttender interviewsDissemination of results
Where and when letters of intent usedPreparation of documentsSigning: who by / when / order of signing /Performance bonds: when and why used,and their value
C2PRE-CONTRACTAND TENDERINGPROCEDURES(Continued)
Study Guidance Notes for the Pathway to Chartership (P2C)
C3A
C3B
Duties &responsibilities of allparties
Control of the works
Clerk of Works
Inspections/sitemeetings
Insurances, security & safety
JCLI supplementary memoranda
Pre-start meeting Appointment, use and value of
Timing and best use ofRecording/minutingObligations to inspect
C3CONTRACTADMINISTRATION
Page 11 November 2006
Code Section Detailed study area Application of knowledge
C3C
C3D
C3E
C3F
C3G
Quality of work
Instructions &variations
Valuations &certification
Delays and disputes
Practical completion
Establishing standards
Formal documentation
Claims procedures
Liquidated & ascertained damages
Determination
Formal procedures
Methods of achievementDefects
Their differences and useSite instructionsMethods of valuingImplication of client changesUse of Prime cost and Provisional sumsUse of contingency
Frequency and timescale for production andpaymentValuing materials off site or unfixed"Purpose and use of retention, and whenreleased"
Requests for extension of time/valid reasonsContractual and financial implications of EOTHow to assess claims and reasonsfor rejectionValuing claims
Basis of decision to apply
Dealing with non-performanceBankruptcy and insolvency
Inspection and documentationLegal status – implications for insurance andhealth and safety
C3CONTRACTADMINISTRATION(
Continued)
Study Guidance Notes for the Pathway to Chartership (P2C)
Page 12 November 2006
Code Section Detailed study area Application of knowledge
C3H
C3I
C3J
Maintenance &defects liabilityperiods
Final &/or annualaccounts
Maintenancecontract procedures
Completion
Contractual/financial differencesbetween themDealing with varying DLP timescales withina single contractImplications of 'client maintenance' onplants DLP
Agreement of the final accountProcedures and formal documentationLegal significance
Dealing with defaults
C3CONTRACTADMINISTRATION(
Continued)
Study Guidance Notes for the Pathway to Chartership (P2C)
Page 13 November 2006
The Landscape Institute • 33 Great Portland Street London W1W 8QGRegistered Charity Number 1073396
Study Guidance Notes for the Pathway to Chartership (P2C)
© The Landscape Institute 2006
No part of this publication may be reproduced, stored in a retrieval
system or transmitted in any form or by any means, electronic,
electrostatic, magnetic tape, photocopying or otherwise, without
permission in writing from the Landscape Institute.
Tel: 020 7299 4500www.landscapeinstitute.org