Regulations and Approved Code of Practice
There are 3 components that outline what you should do to comply with the Construction (Design and Management) Regulations 2007:
The regulations are made under a general provision that is contained in an Act of Parliament, in this case, the Health and Safety at Work Act 1974. They are approved by Parliament and are generally absolute legal standards. Failure to comply with the requirements is a criminal offence that could result in prosecution. Such cases may be dealt with by a Magistrate’s Court or the Crown Court, depending on the seriousness of the offence.
Approved Code of Practice (ACoP)
An Approved Code of Practice (ACoP) is a quasi-legal document that provides information on how to comply with a specific set of regulations. Each ACoP is approved by the Health & Safety Commission and is seen as outlining the minimum accepted standard. Non-compliance with an ACoP is not in itself a breach of the associated regulations but if a contravention of the regulations is alleged, failure to follow the ACoP will be accepted as evidence in a court of law. It is a legitimate defence for the accused to prove that alternative measures where taken, which were equally or more effective.
The guidance describes ways of complying with the regulations. Guidance does not have the special legal status associated with the ACoP, however following the guidance will help you to comply with the CDM Regulations.