The “ Act ” means the Housing Grants, Construction and Regeneration Act 1996, as amended by the Local Democracy, Economic Development and Construction Act 2009 Pt 8. The ‘new’ provisions apply to contracts entered into on or after 1 October 2011. The Act applies to England and Wales, Scotland and Northern Ireland. The main regulations are contained in the Scheme for Construction Contracts (England & Wales) Regulations 1998 (the ‘Principal Regulations’). 1 They have been amended by the Scheme for Construction Contracts (England & Wales) (Amendment) (England) Regulations 2011 2 (the ‘new Regulations’). The new Regulations apply only to contracts for construction operations in England entered
into on or after 1 October 2011. For earlier contracts, the Principal Regulations apply.
Northern Ireland has its own scheme: the Scheme for Construction Contracts in
Northern Ireland 1999 as amended by the Scheme for Construction Contracts in
Northern Ireland (Amendment) Regulations (Northern Ireland) 2012. The Northern
Ireland Scheme is broadly similar to that in force in England and Wales.
There are separate regulations for contracts for work in Scotland applicable to
contracts made on or after 1 November 2011. 3 The new Regulations apply only to
contracts for work in Scotland entered into on or after this date. For earlier contracts,
the Scheme for Construction Contracts (Scotland) Regulations 1998 4 applies. There
are new separate regulations for Wales, applicable to contracts for construction
operations in Wales entered into on or after 1 October 2011. 5
1 Scheme for Construction Contracts (England & Wales) Regulations 1998 (SI 1998/649).
2 Scheme for Construction Contracts (England & Wales) (Amendment) (England) Regulations 2011 (SI 2011/2333).
3 Scheme for Construction Contracts (Scotland) Amendment Regulations 2011 (SI 2011/371).
4 Scheme for Construction Contracts (Scotland) Regulations 1998 (SI 1998/687) (S.34).
5 Scheme for Construction Contracts (England and Wales) Regulations 1998 (Amendment) (Wales) Regulations 2011 (SI
2011/1715) (W.194).
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