Common use of A86 Clause in Contracts

A86. This section gives further guidance on the respective enforcement roles and deals with some of the more complex situations which can arise and may require both EAs to agree on who is the appropriate EA in that particular circumstance. It includes examples of how the enforcement allocation has been interpreted in the past and is intended to act as a guide to assist both HSE’s and ▇▇▇’▇ inspectors in making decisions in future. However, these examples do not preclude different interpretations or outcomes as the circumstances of each particular case must be considered afresh each time. A87. Under EARR HSE is the EA for construction work on a new-build railway infrastructure project, such as Crossrail, up to the point at which the system becomes an operational railway, when ▇▇▇ becomes the EA. However, ▇▇▇ and HSE have entered into an agency agreement which delegates certain EA functions to ▇▇▇ during the design of railway infrastructure and before the railway has become operational. Annex 3 provides more detail on this agency agreement and ▇▇▇’▇ role in this regard.