CPA Bulletin

40 CPA Bulletin > February 2023 www.cpa.uk.net If an item of plant is going to travel along the public highway - irrespective of how short the distance is - then it will need to be taxed and insured. This would make it compliant to the Road Traffic Act, which is the customer’s responsibility under clause 32(a) of the Model Conditions - Government Regulations. If the plant is not going to leave the site (and there are no roads maintained by public expense on the site), then it should fall under the customer’s ‘hired-in’ plant insurance policy. Clause 13(b) of the Model Conditions states that the customer covers (indemnifies) you for any claims of damage to the plant or to any third party’s property during the hire period. As to the status of the plant’s insurance cover itself, i.e., whether it is treated as a car or an item of plant, is a question for your broker to clarify under the insurance policy they have in place for you. When we hire out our road-going plant, we are unsure whether it needs to be insured like a normal car? Q&As: 1 q&a s The fact that the CPA terms have been updated, does not stop the customer asking to use the 2011 version instead of the 2021 version; although I am unclear why they are so insistent. So, although they may ask, it is a commercial decision whether you wish to grant that request, but you are not obligated to. As we are nowworking to the CPA’s 2021 Model Conditions, I have a client who wants to hire fromus using the 2011 Model Conditions. I have stated that we are now working to the updated version, but they are insistent on hiring using the previous version. What do you suggest we do? We have hired a machine to a customer under the Model Conditions, but it was damaged during the hire period. We are going to charge the customer the ‘idle-time’ rate of two thirds of the hire rate, but we had provided the machine at a discounted rate. Would we charge the customer the normal two-thirds rate, or the discounted rate? As the machine was supplied at a discounted rate, then the ‘idle- time’ rate will be calculated and charged at that discounted rate until settlement has been agreed for the damages sustained to the machine. Can you confirm whether the CPA Model Conditions cover us should we hire one of our machines into mainland Europe? The CPA’s Model Conditions cover you when supplying plant and equipment to anywhere in the world. Should a dispute ever arise between you and your customer during the hire period, then it will be your decision - as the plant owner - on which court will decide the matter, whether it is in the owner’s head office jurisdiction, or the jurisdiction on where the site is located. This is mentioned in clause 36(a). We have an employee who has complained that he received his payslip late, i.e., after he has been paid, and that as an employer we should circulate payslips before the employees have been paid. Is he correct? The employee is correct. Under section 8(1) of the Employment Rights Act (ERA) 1996, it states that an employee must be given their payslip/statement on or before the point their payment of wages or salary is made to them, and not afterwards. The information which an itemised payslip/statement must include is set out in section 8(2) of the ERA. It requires the employer to provide: • The total gross amount of the employee’s wages or salary. • The amounts of any variable and/or fixed deductions from that gross amount and details of the purposes for which they are made. • The net amount of wages or salary payable, i.e. the actual amount the employee will receive; and • Where different parts of the net amount are paid in different ways, the amount and method of payment of each part-payment. Whilst every care has been taken to ensure the accuracy of the answers given within this section of the CPA Bulletin, no liability for any damage, liability, cost, loss and/or expense which the reader has incurred can be accepted by the Construction Plant-hire Association (CPA). The reader should obtain independent legal advice on any issue reported within the CPA Bulletin, before proceeding with a course of action.