Frequently Asked Questions - NQMS General Questions

• The technical standards to which work must be performed will be set with clear reference to compliance with current established guidance. This creates a clear expectation as to the standard of work to be performed.
• The capability of individuals undertaking the respective diverse tasks within the project will have been checked. This ensures that individuals do not inadvertently undertake responsibilities for which they are not fit to perform.
• The factual information and interpretations of the data will have been critically assessed and audited using an agreed and defined checklist/audit process. This ensures that any deficiencies can be clearly identified and challenged.
• The SQP signing off the work is required to make a clear declaration of compliance. This is significant as the signatory is “vouching” for the suitability of the product which has implications for both “professional status” and “professional indemnity insurance”.
• Liability for any residual environmental problems will always remain legally with the problem holder and in the unlikely event that regulatory intervention is still required all powers of enforcement are retained.

The NQMS scheme focuses on the concept of using capable individuals to provide defined products that may be considered of reasonable quality by following established good practice and requiring a rigorous process of auditing/checking. It then places the responsibility for the adequacy of that product on the SQP. Such products are produced by multi-disciplinary teams.

There are a number of existing or proposed registers of individuals, the purpose of which is to enable the consumer to identify capable people in different fields. The NQMS scheme provides a process to control the quality of the product and an umbrella under which professionals from all these different fields can operate together as part of a team. A person registered for a particular purpose (eg. SiLC, SoBRA risk assessor, CL:AIRE QP or ROGEP) can be regarded as being pre-assessed as being “capable” of performing in a particular field and will be able to thereby readily demonstrate this competence to the SQP.

The new scheme does include a register, but it is about getting people with the right skills to perform specific activities within a defined process. The aim is ensure the adequate management of land contamination issues. The existing registers help in identifying individuals with some (but not necessarily all) of the required skills needed to undertake the land contamination management process. The intention is to draw in and utilise those individuals within the new NQMS scheme as either candidates for SQP or recognised practitioners/reviewers in their own specialist fields.

The SiLC register was set up on behalf of a range of professional bodies/institutions (ICE, RICS, IEMA, CIWEM, Geol Soc, RSC, REHIS, CIEH and AGS) and provides a list of pre-assessed “capable” individuals who would be well placed to fulfil the role of SQPs under the Quality Mark scheme. However the NQMS goes beyond accreditation of an individual and defines specific tasks (auditing and verification) which are necessary to ensure that individual products may be considered of sufficiently good quality. Existing SiLCs would require additional training in order to fulfil the role of SQPs as defined by the scheme administrator. Depending upon the final form of the SoBRA risk assessor scheme, it is envisaged that any proposed register of risk assessors would provide an ideal source of pre-assessed “capable” individuals for undertaking tasks associated with risk assessment under the scheme and that some of those individuals will also be capable of performing the role of SQP. However the NQMS goes well beyond accreditation of an individual in relation to a specific subject area and imposes specific tasks (auditing and verification) which are necessary to ensure that individual products are fit for purpose.

CL:AIRE hold a register of qualified persons for the purpose of implementing the Development industry Definition of Waste Code of Practice. This register is of people who have a knowledge of materials management issues but not necessarily those who undertake land contamination management. However there will undoubtedly be individuals on this register who would be eligible to perform tasks as specialists within the project team or who could fulfil the duties of SQP subject to appropriate examination and training.

The declaration does not  necessarily have to be sent to the regulator (EA or LA).  When asked to confirm the distribution of this document, if the SQP ticks the box that says "Not sent", they will be asked to provide a reason.  The 'Not sent' option is there because not all declarations are produced for planning - e.g. if they are prepared for mergers and acquisition etc. 

CL:AIRE does retain all the data that is captured on the declaration, which would be available for auditing/disciplinary procedures.