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- 2. The rules of engagement . . .
• Listen, don’t write anything down
• Argue the toss, constructively!
• These slides and maybe some notes are freely available on-line
• But, if you’re a compulsive scribbler, I’ve flagged the key messages
© Jonathan Hazell
Week 2
Page 2
- 3. Tell me and I'll forget;
show me and I may remember;
involve me and I'll understand.
© Jonathan Hazell
Week 2
3
- 4. What is arboriculture?
• The practice of balancing the needs of trees with the needs of humans and
the built environment.
• Chris Hastie
• 'The production, selection, planting, aftercare and management of trees in
the urban environment so as to help maintain and retain a safe, viable and
sustainable level of tree cover now and for generations to come'
• Paul Casey, Arboricultural Manager, Harrogate Borough Council
© Jonathan Hazell
Week 2
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- 5. • The I.S.A. Glossary of Arboricultural Terms (2007) defines arboriculture as,
"practice and study of the care of trees and other woody plants in the
landscape".
• Nelda Matheny
• "Tree cultivation that is resilient and compatible with the needs and wishes
of the community“ We ought to be in the position to create good
conditions for trees to survive and as far as I'm concerned it helps if people
like where they are, what they are and how they're managed.
• John Flannigan
© Jonathan Hazell
Week 2
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- 6. • 'The Art and Science of Urban and Rural Tree Management for the
purpose of Amenity'
• Ian Brewster, Arun DC
• The science and craft of the cultivation, establishment, care and
maintenance of trees for the purpose of maximising their amenity
value at an acceptable level of risk to person and property.
• Jerry Ross
© Jonathan Hazell
Week 2
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- 7. • My favourite goes along the lines of:
• Forestry is the growing of trees over a period of time, at a cost which is
recouped by the felling and sale of timber at the end of the period/rotation
• Arboriculture is the growing of trees to provide an aesthetic benefit during
their rotation, ending up with an expense when they have to be removed
• Or – forestry = effort followed by reward; arboriculture = reward followed
by effort.
• Rupert Baker
© Jonathan Hazell
Week 2
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- 8. Knowledge and understanding
• Understand the role of the consultant as an individual and as part of a
team
• Examine the forms of organisation for consultancy practice in the
public, private and community sectors
• Understand the requirements of professionalism and ethics
• Understand the role of the Institute of Chartered Foresters in
regulating consultants and consultancy practices
© Jonathan Hazell
Week 2
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- 9. Subject - specific skills
• Evaluate the principal Acts of Parliament, Regulations and common
law that will influce the delivery of arboricultural consultancy
• Examine the main areas of consultancy practice e.g. tree safety, tree
health and condition, tree management, trees and the built form,
tree valuation
© Jonathan Hazell
Week 2
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- 10. Key skills
• Prepare a fee proposal and professional report for presentation to a
client
© Jonathan Hazell
Week 2
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- 12. Last week’s topics
• What is a consultant?
• How does this differ from being
a contractor?
• How is consultancy organised?
• How is it regulated?
• The legal framework
• Criminal and civil law
© Jonathan Hazell
• What services might the
consultant offer?
• Why?
• How?
• What are the limitations?
•
•
•
•
•
Week 2
capital
intellectual
marketing
price
reputation
12
- 13. This week’s topics
• The consultant as a competent
person
• Responding to the brief
• Agreeing heads of terms
© Jonathan Hazell
• You will have read BS 5837:2012
to present me with a considered
review – we’ll do the same at
the end of the Module and
compare
Week 2
13
- 15. The consultant as a competent person
• OK, so what do you mean by
• a competent person?
• It all depends on context
© Jonathan Hazell
Week 2
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15
- 16. Competent person - EaWR
• The following is R16 of the Electricity at Work Regulations 1981:
• "No person shall be engaged in any work activity where technical knowledge
or experience is necessary to prevent danger or, where appropriate, injury,
unless he possesses such knowledge or experience, or is under such degree of
supervision as may be appropriate having regard to the nature of the work."
http://www.electricalqualifications.co.uk/competent.php
© Jonathan Hazell
Week 2
16
- 17. Competent person - EaWR
• The following is R16 of the Electricity at Work Regulations 1981:
• "No person shall be engaged in any work activity where technical knowledge
or experience is necessary to prevent danger or, where appropriate, injury,
unless he possesses such knowledge or experience, or is under such degree of
supervision as may be appropriate having regard to the nature of the work."
• The statement from the EAWR is very broad and is often the most
confusing aspect of the whole electrical industry. As of yet, there is
no legal structure behind being competent in terms of qualifications
and experience. It is fair to say though, a relevant qualification would
be a distinct advantage in a court of law.
http://www.electricalqualifications.co.uk/competent.php
© Jonathan Hazell
Week 2
17
- 18. Competent person – building regs
• Competent persons schemes were introduced by the Government to
allow individuals and enterprises to self-certify that their work
complies with the Building Regulations as an alternative to submitting
a building notice or using an approved inspector.
• It enables companies to register with a recognised organisation and
speed up the process as well as monitor domestic work.
http://www.electricalqualifications.co.uk/competent.php
© Jonathan Hazell
Week 2
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- 19. Competent person – building regs
• Competent persons schemes were introduced by the Government to
allow individuals and enterprises to self-certify that their work
complies with the Building Regulations as an alternative to submitting
a building notice or using an approved inspector.
• It enables companies to register with a recognised organisation and
speed up the process as well as monitor domestic work.
• Parallels here are the AA Directory or the ICF Directory of Consultants
http://www.electricalqualifications.co.uk/competent.php
© Jonathan Hazell
Week 2
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- 20. Competent person - NEBOSH
• One with practical and theoretical knowledge, combined with
experience, of a particular substance, article or procedure to enable
them to identify weaknesses during examinations and to assess the
significance of those weaknesses in relation to the strength or
function of the work equipment or activity
• So, a three part definition:
• practical and theoretical knowledge and experience, and
• able to identify weaknesses during examinations, and
• able to assess the significance of those weaknesses.
© Jonathan Hazell
Week 2
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- 21. Competent person - BS 3998
3.3 arboriculturist
• person who, through relevant education, training and experience, has
gained recognized expertise in the care of trees
© Jonathan Hazell
Week 2
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- 22. Competent person - BS 3998
3.8 competent person
• person who has training and experience relevant to the matter being
addressed and an understanding of the requirements of the particular
task being approached
• NOTE A competent person is expected to understand the hazards
pertinent to the task being carried out and the methods to be
implemented to eliminate or reduce the risks that can arise. For
example, when on site, a competent person is able to recognize at all
times whether it is safe to proceed
© Jonathan Hazell
Week 2
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- 23. Competent person - BS 5837
3.3 arboriculturist
• person who has, through relevant education, training and experience,
gained expertise in the field of trees in relation to construction
© Jonathan Hazell
Week 2
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- 24. Competent person - BS 5837
3.4 competent person
• person who has training and experience relevant to the matter being
addressed and an understanding of the requirements of the particular
task being approached
• NOTE A competent person is expected to be able to advise on the best
means by which the recommendations of this British Standard may be
implemented.
© Jonathan Hazell
Week 2
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- 25. Competent person - NHBC
• The services of a specialist arboriculturalist may be helpful for the
identification of the type and condition of trees that may affect
building work. This includes trees both on and adjacent to the site.
© Jonathan Hazell
Week 2
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- 26. Competent person - NHBC
TREES AND HEDGEROWS ADJACENT TO STRUCTURES
4.2 - D3 The design shall take account of trees and hedgerows and their
growth
Items to be taken into account include:
(a) removal of existing trees and hedgerows
Dead trees and dead hedgerows should be removed. Unstable trees
should be made stable but where this is not possible they should be
felled. If in doubt, advice should be obtained from a Registered
Arboriculturalist.
© Jonathan Hazell
Week 2
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- 27. Competent person
• OK, so what do you mean by
• a competent person?
• As it’s so context specific refer to the appropriate definition in your
reports
© Jonathan Hazell
Week 2
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- 28. Responding to the brief
http://i.dailymail.co.uk/i/pix/2013/03/12/article-2291866-18918E88000005DC-304_964x524.jpg
© Jonathan Hazell
Week 2
Page 28
- 30. Agreeing heads of terms
http://www.freeimageslive.com/galleries/workplace/office2/pics/pencil.jpg
© Jonathan Hazell
Week 2
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- 32. Let’s start
at the very beginning
http://blog.abcmusicandme.com/wp-content/uploads/2010/09/sound-of-music.jpg
© Jonathan Hazell
Week 2
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- 34. Terms and conditions
• Set out your Terms and Conditions for
the instruction, not how you will
respond to the brief, that’s for later
http://25thjdc.com/wp-content/uploads/2012/11/Scales-of-Justice2.jpg
© Jonathan Hazell
Week 2
Page 34
- 35. Terms and conditions
• Terms and Conditions set out the rights
and obligations of the contracting
parties when a contract is awarded or
entered into
http://25thjdc.com/wp-content/uploads/2012/11/Scales-of-Justice2.jpg
© Jonathan Hazell
Week 2
Page 35
- 36. • Terms and Conditions set out the rights
and obligations of the contracting
parties when a contract is awarded or
entered into
• general conditions are common to all types
of contracts
http://25thjdc.com/wp-content/uploads/2012/11/Scales-of-Justice2.jpg
© Jonathan Hazell
Week 2
Page 36
- 37. • Terms and Conditions set out the rights
and obligations of the contracting
parties when a contract is awarded or
entered into
• general conditions are common to all types
of contracts
• special conditions are peculiar to a specific
contract (such as payment conditions, price
variation clauses, penalties).
http://25thjdc.com/wp-content/uploads/2012/11/Scales-of-Justice2.jpg
© Jonathan Hazell
Week 2
Page 37
- 38. • There’s very little need to write your
own as there are plenty of pro forma Ts
and Cs out there
http://25thjdc.com/wp-content/uploads/2012/11/Scales-of-Justice2.jpg
© Jonathan Hazell
Week 2
Page 38
- 40. • There’s very little need to write your
own as there are plenty of pro forma Ts
and Cs out there
• in the canon of work produced by the AA
and other industry bodies
http://25thjdc.com/wp-content/uploads/2012/11/Scales-of-Justice2.jpg
© Jonathan Hazell
Week 2
Page 40
- 41. • There’s very little need to write your
own as there are plenty of pro forma Ts
and Cs out there
• in the canon of work produced by the AA
and other industry bodies
• in the canon of work produced by the legal
profession
http://25thjdc.com/wp-content/uploads/2012/11/Scales-of-Justice2.jpg
© Jonathan Hazell
Week 2
Page 41
- 43. Part 35 – Experts and assessors
• 35.1 Duty to restrict expert evidence
Expert evidence shall be restricted to that which is reasonably required to
resolve the proceedings.
© Jonathan Hazell
Week 2
Page 43
- 44. • 35.1 Duty to restrict expert evidence
Expert evidence shall be restricted to that which is reasonably required to
resolve the proceedings.
• 35.3 Experts – overriding duty to the court
(1) It is the duty of experts to help the court on matters within their expertise.
(2) This duty overrides any obligation to the person from whom experts have
received instructions or by whom they are paid.
© Jonathan Hazell
Week 2
Page 44
- 45. AA GN 9
• Terms and Conditions –
Arboricultural Consultancy
Services
© Jonathan Hazell
Week 2
Page 45
- 46. Foreseeability
• The most critical questions to
answer in making decisions on
whether to inspect trees and
whether remedial action is
required are:
• Can a problem be foreseen? If so,
• What is its likelihood of occurring?
• What is the likely consequence of its
occurrence?
• Is it reasonable to protect against it?
© Jonathan Hazell
Week 2
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- 49. Foreseeability
• whether to inspect trees and
whether remedial action is
required
© Jonathan Hazell
Week 2
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Page 49
- 50. Foreseeability
• whether to inspect trees and
whether remedial action is
required
© Jonathan Hazell
Week 2
http://www.treesjerrydicker.co.uk/userimages/IMG_0327.JPG
50
- 51. Foreseeability
• Can a problem be foreseen? If so,
• What is its likelihood of occurring?
• What is the likely consequence of its
occurrence?
• Is it reasonable to protect against it?
© Jonathan Hazell
Week 2
51
- 52. Foreseeability
• can a problem be foreseen?
• What is its likelihood of occurring?
• What is the likely consequence of
its occurrence?
• Is it reasonable to protect against
it?
© Jonathan Hazell
Week 2
http://bpmforreal.files.wordpress.com/2013/07/crystal-ball.jpg
Page 52
- 53. Foreseeability
• can a problem be foreseen?
• What is its likelihood of occurring?
• What is the likely consequence of
its occurrence?
• Is it reasonable to protect against
it?
© Jonathan Hazell
Week 2
http://media.nj.com/jjournal-news/photo/13578462-large.jpg
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- 54. Foreseeability
• can a problem be foreseen?
• What is its likelihood of occurring?
• What is the likely consequence of
its occurrence?
• Is it reasonable to protect against
it?
© Jonathan Hazell
Week 2
https://pbs.twimg.com/media/BXtieVOIcAE6ok6.jpg
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- 55. Foreseeability
• can a problem be foreseen?
• What is its likelihood of occurring?
• What is the likely consequence of
its occurrence?
• Is it reasonable to protect against
it?
© Jonathan Hazell
Week 2
55
- 56. Foreseeability
• can a problem be foreseen?
• What is its likelihood of occurring?
• What is the likely consequence of
its occurrence?
• Is it reasonable to protect against
it?
© Jonathan Hazell
Week 2
56
- 57. Foreseeability
• can a problem be foreseen?
• What is its likelihood of occurring?
• What is the likely consequence of
its occurrence?
• Is it reasonable to protect against
it?
© Jonathan Hazell
Week 2
www.qtra.co.uk
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- 58. Foreseeability
• can a problem be foreseen?
• What is its likelihood of occurring?
• What is the likely consequence of
its occurrence?
• Is it reasonable to protect against
it?
© Jonathan Hazell
Week 2
www.pegasuspg.co.uk
58
- 59. Criminal law
• rules of behaviour laid down by Parliament for the greater good
http://upload.wikimedia.org/wikipedia/commons/9/97/Palace_of_Westminster,_London_-_Feb_2007.jpg
© Jonathan Hazell
Week 1
Week 2
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- 60. Civil law
• disputes between individuals, or
individuals and companies
http://framingpainting.com/UploadPic/John%20Collier/big/Two%20Men%20Engaged%20in%20an%20Argument_%20One%20Manifesting%20Anger%20the%20Other%20Trying%20to%20Calm%20Him%20Down.jpg
© Jonathan Hazell
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