STUDY GUIDANCE NOTES FOR THE PATHWAY TO CHARTERSHIP … · Study Guidance Notes for the Pathway to...

STUDY GUIDANCE NOTES FOR THE PATHWAY TO CHARTERSHIP (P2C)

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



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




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




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




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




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




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)




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




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


B4B (Continued)



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



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)


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



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)




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)



The Landscape Institute • 33 Great Portland Street London W1W 8QGRegistered Charity Number 1073396


© The Landscape Institute 2006

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