CERTSURE SCHEME FOR ECA CONTRACTORS
SCHEME RULES

INTRODUCTION

Certsure provides registration services to businesses that undertake electrical installation and associated work in compliance with the UK national standard BS 7671, and related codes of practice.

A business directly carrying out electrical installation work, and wishing to be assessed in accordance with the Rules Relating
to Registration, may make an application for registration to Certsure. Where the business’s resources and electrical work are
subsequently assessed and found to meet the requirements of these Rules, the business may be granted registration.
Continued registration will be subject to surveillance assessments confirming that the business continues to comply with the
requirements of these Rules.

DEFINITIONS

1. In these Scheme Rules –
Applicant means a business applying for registration.
Branch means a place of business, other than the Head Office, and includes all subsidiaries undertaking Electrical
Installation Work.
Business means a sole trader, partnership, private limited company, public limited company, public body or other legal entity
carrying out Electrical Installation Work.
Certificate of Registration means a certificate awarded by CERTSURE under Rule 10 of the Rules.
Certsure means Certsure LLP
Certsure’s Certification Mark means the stylised letters Certsure.
Certsure Forms means forms of certification and reporting bearing Certsure’s Logo.
Certsure’s Logo means the stylised letters Certsure.
Certsure’s Registration Mark means the stylised letters Certsure with the UKAS product certification mark enclosed in a
rectangle.
Certsure’s Trade Marks means: the letters Certsure; the words THE SCHEME; and Certsure’s Certification Mark.
Competent Person means a person who, possessing the necessary technical knowledge, skill and experience for the nature of
the Electrical Work undertaken, is able to prevent danger and where appropriate injury.
Contracting Address means a place of work from which a business carries out or manages Electrical Installation Work.
Contracting Branch means a Branch from which Electrical Installation Work is carried out or managed.
Defined Approval means approval for a defined scope of Electrical Installation Work.
Electrical Installation Work means the design, construction, inspection, testing and/or maintenance of work falling within
the scope of BS 7671.
Electrical Work means Electrical Installation Work and/or the in-service inspection and testing of low voltage electrical
equipment.
Head Office means the principal place of business.
Non-contracting Branch means a Branch from which Electrical Installation Work is not carried out or managed, which a
business wishes to be included in the Register of THE SCHEME.
Notification by Certsure means the dIspatch of any document to the Head Office and/or any Contracting Branch of a
Scheme Contractor or Applicant.
Principal Duty Holder means a person appointed by the business who is a principal or employee of the business having an
understanding of, and day to day responsibility for, the health and safety and other statutory requirements relating to the
electrical work undertaken.
Qualified Supervisor means a person, proposed by the business and subject to acceptance and surveillance assessment by
Certsure, who is available on a full time basis and has at least two consecutive years’ managerial or supervisory experience.
Register of ECA Membership Scheme Contractors or Register means the register of businesses possessing a valid
Certificate of Registration maintained and published by Certsure.
Registration means the inclusion of a business’s Trading Title in the Register.
Rules means Certsure’s Rules Relating to Registration as updated from time to time.
Scheme Contractor means a business which has been assessed in accordance with the Rules and which possesses a valid
Certificate of Registration.
Sub-let means giving contractual responsibility to another business for ensuring the Electrical Work complies with, and is of
a standard not less than that affording conformity with, the current edition of BS 7671.
The Scheme means The Certsure Scheme for ECA Contractors
Trading Title means the legal name including, where applicable, the trading style of the business.

APPLICATION FOR REGISTRATION

2. Method of Registration
(1) Applications for registration shall be made in such manner as Certsure may, from time to time, prescribe.
(2) An application on the form prescribed by Certsure shall be submitted in respect of the Head Office and each
Contracting Branch. The principal address of the business will be registered as the Head Office. The Rules will apply to
the Head Office and each Branch with equal validity.
(3) By applying for registration an applicant undertakes to Certsure that if the application is accepted, the applicant will
comply with the Rules. Certsure agrees to comply with the Rules and to notify the business of any amendments within
a reasonable time.
(4) Extensions to the standard scope of registration may be made available by Certsure to businesses. Such extensions to
registration shall be subject to separate application and assessment.
3. Fees and Charges
(1) Certsure’s financial year ends on 31 March. Certsure may, from time to time, prescribe and publish fees and charges
which together with such VAT as may be payable thereon, shall be payable within thirty days of the day notified.
(2) A fee shall be payable in respect of each application for registration and shall accompany the application. The fee
covers the administrative cost involved in processing the application and the initial assessment of the applicant.
(3) A fee shall be payable for any additional assessments in connection with the application. All fees and charges relating
to an application shall be as prescribed in accordance with rule 3(1).
(4) If an applicant fails to provide facilities for an assessment visit for which the applicant has been given reasonable
notice, or cancels an arranged assessment visit by giving Certsure less than twenty one days’ notice of cancellation, or
fails to comply with rule 7(5), the applicant shall be responsible for payment of Certsure’s charges, from time to time,
determined and published by Certsure.
4. Qualifications for Registration
(1) A business may apply for registration as an The Scheme if it:
a) is directly engaged in electrical installation work; and
b) has premises appropriate for its contracting address(es); and
c) has documentation and records appropriate to the range and scale of electrical work undertaken which shall
include the current editions of BS 7671 Requirements for Electrical Installations (IET Wiring Regulations),
associated guidance material as prescribed by Certsure, appropriate British Standard and other Industry Codes of
Practice, prescribed forms of certification and reporting, and evidence of the prescribed public liability insurance
cover for the range of electrical work undertaken; and
d) has available for inspection sufficient electrical installation work across the range carried out or managed that is of
a standard acceptable to Certsure. This standard shall be not less than that affording conformity with the current
edition of BS 7671 as amended and appropriate British Standard and other Industry Codes of Practice; and
e) has a system in place to ensure that appropriate prescribed forms of certification and reporting are issued for all
completed electrical installation work in accordance with the requirements of the current edition of BS 7671; and
f) employs only Competent Persons to carry out electrical work who are adequately and appropriately supervised; and
g) has test instruments appropriate to the range and scale of electrical work undertaken and maintains and records
the accuracy and consistency of all test instruments used for certification and reporting purposes; and
h) has a written health and safety policy statement and carries out risk assessments as appropriate; and
i) maintains a record of all complaints received about the technical standard of electrical work undertaken, together
with a record of the remedial action, if any, taken to resolve those complaints; and
j) has appointed a Principal Duty Holder and has proposed one or more Qualified Supervisors, as may be required by
Certsure. An applicant may propose the Principal Duty Holder also to be a Qualified Supervisor; and
5. Personnel
(1) The Principal Duty Holder is responsible for:
a) all matters relating to registration and be the main point of contact for all communication with Certsure; and
b) the maintenance of the overall standard and quality of the electrical work carried out or managed by the business
and for the assignment of electrical work to a Qualified Supervisor; and
c) ensuring that there are systems in place whereby all electrical work undertaken is carried out by Competent
Persons who are adequately and appropriately supervised, and that the appropriate prescribed forms of
certification and reporting have been issued for all completed electrical work.
(2) A Qualified Supervisor is responsible for:
a) the day to day safety, technical standard and quality of the electrical work carried out under that person’s
supervision; and
b) the technical standard of electrical installation work; and
c) fulfilling the training and/or experience requirements, from time to time, prescribed and published by Certsure; and
d) being conversant with the current editions of Electricity at Work Regulations, BS 7671, associated guidance
material as prescribed by Certsure, appropriate British Standard and other Industry Codes of Practice; and
e) being well versed in the inspection, testing, verification, certification and reporting procedures for the range of
electrical work undertaken by the business; and
f) safeguarding unused Certsure Forms against loss or theft and unauthorised use; and
g) ensuring that results of inspection and testing are properly recorded on the appropriate prescribed forms of
certification and reporting, and reviews and confirms the results for acceptability.
6. Preliminary Application Assessment
(1) Every applicant shall permit Certsure’s appointed representative to visit its place of business to explain the registration
requirements and to commence the assessment process.
(2) The nominated Principal Duty Holder and the proposed Qualified Supervisor(s) shall be present throughout the
preliminary application assessment.
7. Application Assessment
(1) Every applicant shall permit Certsure’s appointed representative to complete the assessment process by inspecting
the applicant’s test instruments, documentation, records and electrical work completed and in progress. This shall
include all the items referred to in Rule 4, together with such other items as may, from time to time, be prescribed and
published by Certsure.
(2) Every applicant shall produce to Certsure’s appointed representative a list of all electrical work completed during the
previous six months and of all electrical work in progress, and make available the specifications, drawings, certificates
and reports relating to that work.
(3) Every applicant shall provide facilities for such inspections, including transport, tools, plant, test equipment and
access to its place of business and to the electrical work selected for inspection.
(4) The extent of inspection shall be prescribed by Certsure having regard to the range, scale and geographical spread of
the electrical work carried out or managed from the contracting address.
(5) Each proposed Qualified Supervisor, as appropriate, shall be present throughout assessment visits. The nominated
Principal Duty Holder shall be present for the initial briefing and for the closing meeting. No other person shall be
present during the assessments without the express prior agreement of Certsure’s appointed representative.
(6) When requested by Certsure, an applicant shall provide access and facilities to the United Kingdom Accreditation
Service (UKAS) to witness assessments by Certsure.
8. Appraisal of Application
(1) When considering an application Certsure may at its discretion decide to:
a) grant registration; or
b) grant registration with Defined Approval in which event the scope of electrical installation work covered by this Rule
will be subject to such conditions as Certsure sees fit and which shall be agreed by and notified to the applicant; or
c) defer further consideration of the application for a period because either insufficient electrical installation work
was available for inspection or the applicant otherwise failed to meet the requirements of Rule 4. Under these
circumstances a further assessment of the applicant may be necessary for which a charge will be payable in
accordance with Rule 3; or
d) reject the application.
(2) An application for registration may be cancelled by Certsure twelve months after the date of the application if the
applicant has not complied with the requirements of Rules 4, 5, 6 and 7 so as to enable Certsure to grant registration.

REGISTRATION

9. Effects of Registration
(1) When registration is granted, the Trading Title of the the client shall be included in the Register.
(2) Registration shall be effective from the date that Certsure is satisfied that the required conditions have been met and
the prescribed registration fee has been paid. Subject to continued compliance with the Rules, registration shall
subsist without renewal until the end of Certsure’s financial year in which registration is granted.
(3) No member of The Scheme (including its Branches) is permitted to hold more than one Registration Number.
10. Use of Certsure Forms, Marks and Certificate of Registration
(1) A Scheme Contractor is entitled to a Certificate of Registration incorporating a registration number and, for so long as
it is registered, to advertise that fact.
(2) A Scheme Contractor shall at all reasonable times be prepared to produce its Certificate of Registration for inspection
by Certsure’s appointed representative.
(3) Certsure is the owner of the Certsure’s Trade Marks. All right, title and interest in Certsure’s Trade Marks including any
reputation and goodwill as may accrue as a result of use of Certsure’s Trade Marks by a Scheme Contractor is reserved
to and shall belong absolutely to Certsure.
(4) Subject to the conditions set out in the Rules, a Scheme Contractor is granted a non-exclusive licence to use Certsure’s
Trade Marks and Certsure’s Registration Mark in relation to electrical work for as long as it remains on the Register.
Scheme Contractors are not authorised to use Certsure’s Logo.
(5) A Scheme Contractor may use the words Certsure Scheme for ECA Contractor only in conjunction with its Trading Title
registered with Certsure.
(6) A Scheme Contractor shall not use Certsure’s Trade Marks or Certsure’s Registration Mark in conjunction with any
trading name other than its Trading Title registered with Certsure.
(7) A Scheme Contractor shall use Certsure’s Trade Marks, Certsure’s Registration Mark and Certsure Forms only at the
Head Office or Branches that are on the Register. Certsure’s Trade Marks and Certsure’s Registration Mark may not be
used in connection with a Branch from which electrical installation work is not carried out unless that Branch is
registered with Certsure as a Non-Contracting Branch.
(8) A Scheme Contractor offering to undertake the design, construction, inspection or certification of electrical installation
work, is permitted to confirm by the use of advertisements, business stationery, invoices, certificates or report forms
etc. bearing Certsure’s Trade Marks, Certsure’s Registration Mark or by use of Certsure Forms that it is approved by
Certsure for work included within the scope of its registration.
(9) Certsure may, from time to time, issue further binding instructions on the use of Certsure’s Trade Marks and
Certsure’s Registration Mark by Scheme Contractors. Scheme Contractors shall comply with any such instructions.
11. Certsure Forms
(1) Certsure forms shall be issued only for electrical work carried out or managed by the issuing Scheme Contractor from
contracting addresses registered with Certsure.
(2) A Scheme Contractor shall safeguard all unused Certsure Forms so as to prevent their misuse.
(3) A Scheme Contractor shall notify Certsure in writing immediately on discovery of any loss or theft of Certsure Forms.
12. Conditions for Continued Registration
(1) A Scheme Contractor is eligible for continued registration for as long as:
a) Certsure is satisfied that it continues to comply with the requirements of the Rules published, from time to time, by
Certsure; and
b) payment of all fees is made within thirty days of the due date.
(2) If, at any time, a Scheme Contractor forms an additional business undertaking electrical installation work at any
address, or starts electrical work from an additional address, an application shall be made for registration of that
business or new address as a Contracting Branch. Registration of each Contracting Branch shall be completed within
a period specified by Certsure.
13. Change of Registration Particulars or Transfer of Registration
(1) The Contractor shall give written notice to Certsure of any change of legal constitution, Trading Title, address,
Principal Duty Holder, Qualified Supervisor or other significant particulars or declarations upon the basis of which
registration was granted. Such notice shall be given without delay and within thirty days of any such change becoming
effective. Following such change, continued registration shall be at the discretion of Certsure.
(2) Where, notwithstanding a change of legal constitution or Trading Title, a Scheme Contractor remains unchanged in all
other material respects, Certsure may at its discretion grant a transfer of registration. The business to which
registration is transferred shall sign an undertaking that it will comply with the Rules and accept full responsibility for
the electrical work undertaken by the previous holder of the Certificate of Registration. Where a partnership is
dissolved, registration may be transferred to a new business comprising one or more of the former partners subject to
the written agreement of all the former partners.
(3) Where in the opinion of Certsure the changes are such that the conditions under which registration was granted are
significantly affected, the Scheme Contractor shall, if Certsure so requires:
a) make a new application for registration; or
b) make facilities available, as required by Rule 14, for an additional assessment of the Scheme Contractor to be
made to confirm continued compliance with the Rules.
(4) Where there is a significant change in the range of electrical work undertaken by a Scheme Contractor, the Scheme
Contractor shall notify Certsure and, if Certsure so requires:
a) make a new application for registration; or
b) make facilities available, as required by Rule 14, for an additional assessment of the Scheme Contractor to be
made to confirm continued compliance with the Rules; or
c) accept registration with Defined Approval in which event the scope of electrical work covered by this Rule will be
subject to such conditions as Certsure sees fit and which shall be agreed by and notified to the Scheme Contractor.
(5) Where electrical installation work beyond the limits of Defined Approval but within the scheme’s scope of registration
starts to be carried out or managed from a contracting address having Defined Approval, an application shall be made
to amend the scope of registration.
(6) Where a Principal Duty Holder ceases to be employed in that capacity, the Scheme Contractor shall advise Certsure
without delay and, within thirty days of the change, provide a declaration on the form prescribed by Certsure to
confirm that a suitable replacement has been appointed.
(7) Where a Qualified Supervisor ceases to be employed in that capacity, the Scheme Contractor shall advise Certsure
without delay and, within thirty days of the change, provide a declaration on the form prescribed by Certsure to
confirm that all electrical work is, and will continue to be, under the supervision of a named Competent Person. A
replacement Qualified Supervisor, accepted by Certsure, shall be employed in that capacity within 120 days of the
former Qualified Supervisor ceasing to be employed in that capacity.
(8) Fees and charges paid in respect of change of registration particulars or transfer of registration are not refundable.
14. Monitoring Assessment
(1) For the purpose of determining its continued eligibility for registration, a Scheme Contractor shall undergo monitoring
assessments. The frequency of the ongoing Monitoring Assessments is determined after the first Monitoring
Assessment and will take into account previous assessments and compliance with the Scheme requirements.
(2) The ongoing frequency of Monitoring Assessments ranges from once every three months to once every three years. The
frequency is reviewed after each Monitoring Assessment to determine if it should stay the same, should be reduced or
should be increased.
(3) During each assessment, a Scheme Contractor shall produce to Certsure ‘s appointed representative a list of all
electrical work completed since the previous assessment and of all electrical work in progress and make available the
specifications, drawings, certificates and reports relating to that work except for those installations where information
is restricted by legislation or regulation. A Scheme Contractor shall permit Certsure ‘s appointed representative to
inspect the items referred to in Rule 4, duplicates of all prescribed forms of certification and reporting issued, all
electrical work completed since the previous assessment and in progress and any other items as may, from time to
time, be prescribed and published by Certsure. It shall also provide facilities for such inspections including transport
and test equipment, and shall arrange access to the electrical work selected for inspection. The Principal Duty Holder
and each Qualified Supervisor shall be present for the assessment in accordance with Rule 7(5). During the
surveillance assessment, the Qualified Supervisor shall demonstrate compliance with Rule 5(2).
(4) The extent of inspection shall be prescribed by Certsure having regard to the range, scale and geographical spread of
the electrical work undertaken.
(5) Where a Scheme Contractor is found not to comply with the requirements of the Rules, Certsure shall notify it of the
non-compliances, which may necessitate Certsure carrying out further assessments. The Scheme Contractor shall be
responsible for its own costs and for payment of Certsure’s charges for further assessments as may, from time to time,
be determined and published by Certsure. Where Certsure’s appointed representative identifies non-compliances the
Scheme Contractor shall undertake appropriate remedial action.
(6) Where a Scheme Contractor fails to provide facilities for an assessment visit for which reasonable notice has been
given, or cancels an arranged assessment by giving less than twenty one days’ notice, or fails to comply with Rule 7(5),
the Scheme Contractor shall be responsible for payment of Certsure’s charges as may, from time to time, be
determined and published by Certsure.
(7) When requested by Certsure, a Scheme Contractor shall provide access and facilities to the United Kingdom
Accreditation Service (UKAS) to witness assessments by Certsure.
15. Sub-letting
(1) A Scheme Contractor shall not sub-let electrical work without the permission of the person ordering the work.
(2) A Scheme Contractor shall permit the inspection of and accept full responsibility including any liability arising under
Rule 16 for electrical work sub-let to another party.
(3) Where a Scheme Contractor sub-lets electrical installation work, that work shall either:
a) be carried out in its entirety by a business which holds a current certificate covering the range of work sub-let,
issued by a certification body accredited by UKAS to ISO/IEC 17065: 2012 or
b) be inspected and tested during construction and on completion, and certified, in accordance with the current
edition of BS 7671, by a business which holds a current certificate covering the range of work sub-let, issued by a
certification body accredited by UKAS to ISO/IEC 17065: 2012.
16. Special Inspection
(1) Where a complaint is received by Certsure alleging that the standard of electrical work is below that required by Rule
4(1)(e), the business responsible for the work shall provide facilities for inspections to be carried out, including
transport, test equipment and access to the work to be inspected. The business shall provide documentation relating
to the work and the Qualified Supervisor currently responsible for the work and the Principal Duty Holder, where
appropriate, shall be present throughout these inspections. The complainant or their representative is entitled to be
present during such inspections but no other person shall be present without the express prior agreement of Certsure.
(2) Where as a result of such inspections it is shown to the satisfaction of Certsure that the standard of the electrical work
is below that required by Rule 4(1)(e) the business shall, at its own expense, take remedial action within the specified
time as notified to it by Certsure. In addition to its own costs it shall meet such of Certsure’s costs, including those
relating to the inspections, as may from time to time be determined and published by Certsure.
(3) If the business does not take such remedial action within the specified time as notified to it by Certsure, Certsure may
appoint another business to undertake the remedial action and the original business shall be liable to reimburse
Certsure for all costs incurred.
(4) Certsure may at its discretion appoint another business to provide facilities for inspections to be carried out, and/or to
undertake any necessary remedial work. Where Certsure decides that a complaint is justified, the business responsible
for the work complained about shall be liable to reimburse Certsure for all costs incurred.
17. Cancellation of Registration
(1) Certsure may, at any time, remove a Scheme Contractor’s Trading Title from the Register if the Scheme Contractor fails
to make payment of the prescribed annual registration fee, as required by Rule 12(1), or any other fees required by
these Rules, within thirty days of the date notified to it as the date for renewal of registration or payment of the fee.
The decision to remove a Scheme Contractor’s Trading Title from the Register under this Rule shall be notified to it in
writing by email or registered post and shall be deemed to become effective at the expiration of fourteen days after the
recorded date of the communication unless a satisfactory explanation for the non-payment is received by email or
registered post within that time.
(2) Certsure may, at any time, remove a Scheme Contractor’s Trading Title from the Register if it be shown to the
satisfaction of Certsure that:
a) it has failed to notify Certsure of the existence of a contracting address as required by Rules 2(2) and 12(2) or to
complete registration of that contracting address as required by Rule 12(2); or
b) it has failed to notify Certsure of any change of legal constitution, Trading Title or other title, addresses, Principal
Duty Holder or Qualified Supervisor, as required by Rule 13(1); or
c) it has failed to make payment to Certsure of the prescribed charges as required by Rule 3; or
d) it has failed to provide periodic assessment facilities, as required by Rule 14(2); or
e) it has failed to accept inspections to the extent prescribed by Certsure having regard to the range, scale and
geographical spread of electrical work undertaken, as required by Rule 14(3); or
f) it has sub-let work other than in accordance with Rule 15; or
g) it has failed to provide facilities for a Special Inspection to be carried out in connection with a complaint, as
required by Rule 16(1); or
h) it has failed to take remedial action in connection with a complaint within a specified timescale, as required by Rule
16(2); or
(i) it has failed to reimburse Certsure ‘s costs incurred in employing another Scheme Contractor to resolve a
complaint about the technical standard of electrical work as required by Rules 16(3) and 16(4); or
j) it has made any wilful misrepresentation in connection with its registration; or
k) it has culpably or negligently created or caused to be created a risk to life or limb or a serious hazard through the
use, in electrical work, of faulty or unsuitable materials or by faulty design or workmanship; or
I) it has carried out electrical work below the standard required by Rule 4(1)(e);or
m) it has performed any act which, in the opinion of Certsure, is contrary or prejudicial to the objectives or reputation
of Certsure; or
n) it has made use of the Certificate of Registration or of Certsure’s Trade Marks, Certsure ‘s Logo or Certsure’s
Registration Mark in a manner which, in the opinion of Certsure, is likely to bring Certsure into disrepute; or
o) it is unable or admits inability to pay its debts as they fall due, or suspends making payment on any of its debts, or
any action, legal proceeding or other procedure or step is taken in relation to it concerning:
• the suspension of payments, a moratorium of any indebtedness, winding up, dissolution or reorganisation (by
way of voluntary arrangement, scheme of arrangement or otherwise, but excluding a members’ winding up for the
purposes of reconstruction) of it and in the case of a winding up petition, such petition is not discharged or stayed
within 14 days or, if earlier, prior to its advertisement; or
• a composition, assignment or arrangement with any of its creditors; or
• the appointment of a liquidator, receiver, administrator, administrative receiver, compulsory manager or other
similar officer in respect of it or any of its assets; or
• the enforcement of any mortgage, charge, pledge, lien, or other security interest securing any obligation of it or
any other agreement or arrangement having similar effect; or
• any attachment, sequestration, distress or execution that affects any of its assets and is not discharged within
seven days; or
p) in the opinion of Certsure the nature of its work has changed or it shall cease to trade or if there be any change in
the ownership of its business which affects the conditions under which it was registered; or
q) it has failed to appoint a replacement Principal Duty Holder as required by Rule 4(1)(j) and Rule 13(6); or
r) it has failed to employ a Qualified Supervisor or an appropriate number of Qualified Supervisors or failed to take
the required action, as required by Rule 4(1)(j) and Rule 13(7); or
s) it has committed any other breach of the obligations imposed by these Rules.
(3) Before deciding whether or not to remove a Scheme Contractor’s Trading Title from the Register in accordance with Rule
17(2) Certsure shall inform the Scheme Contractor of the alleged breach(es) of the Rules in writing by email or registered
post, and afford it an opportunity to offer an explanation in writing by email or registered post within twenty-one days of
the date of such notification .The decision shall be made within a reasonable time following receipt of any such
explanation, or if no such explanation is given within a reasonable time, following the expiry of the twenty-one day period.
(4) With the exception of removal from the Register under Rule 17(1), a decision to remove a Scheme Contractor’s Trading
Title from the Register under this Rule shall be notified to the Scheme Contractor promptly in writing by email or
registered post. A decision to remove a Scheme Contractor’s Trading Title from the Register shall not be implemented
until after the expiration of twenty-one days from the date of the notification of the decision.
(5) The registration of a Scheme Contractor which is cancelled under Rule 17 shall not be transferred to another business.
(6) Where a Scheme Contractor’s Trading Title is removed from the Register, the Head Office and all Branches sharing the
Certsure Registration Number may be removed.
(7) Notwithstanding Rule 20, Certsure may at its discretion make public the removal of a Scheme Contractor’s Trading
Title from the Register and the Rule(s) breached.
18. Appeals
(1) A business may make written representation to Certsure against any decision made by Certsure to refuse the business’s
application for registration or to cancel the business’s registration, excluding non-payment of fees. Such written
representations setting out the grounds upon which they are made shall be sent to Certsure, by registered post, within
fourteen days of the date of the notification of the decision.
(2) No person who participated in making the decision being disputed shall participate in Certsure’s consideration of the
business’s representation(s). Certsure shall rule on the business’s representation(s) within a reasonable time and shall
promptly communicate its ruling, containing a short statement of reasons, to the business by registered post.
(3) If the business does not accept Certsure’s ruling made pursuant to Rule 18(2), it may make a final appeal by sending
Certsure written notice of appeal setting out the grounds upon which the appeal is made and having annexed to it copies
or particulars of all documents and other evidence to be relied upon at the hearing of the appeal. Such notice shall be
sent to Certsure by registered post so as to arrive at Certsure’s registered office within twenty-eight days of the recorded
date of dispatch of the ruling made pursuant to Rule 18(2), and the notice shall be accompanied by the appropriate fee
as prescribed by Certsure. If no appeal is made in accordance with this Rule, the business will be deemed to have
accepted Certsure’s ruling made pursuant to Rule 18(2).
(4) The business’s appeal shall be heard by an Appeal Committee of three persons drawn from Certsure’s Appeals Panel,
whose members shall be appointed for such period as the Certsure Board shall determine. The Appeal Committee shall
be appointed by the Chairman of the Certsure Board, or his nominee and shall comprise one member of the Certsure
Board (who shall act as chairman of the Appeal Committee) and two persons who are not members of the Certsure
Board. No member of the Appeal Committee shall have had any prior involvement with or any other vested interest in the
decision under appeal. Certsure shall notify the business of the composition of the Appeal Committee by registered post
as soon as practicable after the Appeal Committee has been appointed, and the business shall have the right within
fourteen days after receipt of such notification to object to the composition of the Appeal Committee by giving Certsure
written notice by registered post of the grounds for such objection. The grounds for such objection shall be referred to
the Chairman of the Certsure Board, or his nominee, whose decision thereon (which shall be final) shall be notified to the
business as soon as practicable after it is made.
(5) As soon as the composition of the Appeal Committee has been finalised, Certsure shall give the business a minimum of
twenty-eight days’ notice, sent by registered post of the date, place and time of the hearing of the appeal. Certsure and
the business shall each provide to the other all papers upon which it intends to rely at the hearing of the appeal not less
than seven days before the hearing of the appeal.
(6) The hearing of the appeal will be held in private unless the business requests that it be held in public. Subject to the Rules,
the Appeal Committee shall have power to regulate its own practice and procedure, and the chairman of the Appeal
Committee shall have power to extend any period within which anything is required to be completed pursuant to
Rules 18(3) to 18(9). The Appeal Committee shall have the power to consider all the evidence available when the decision
appealed against was made and any new evidence and to call witnesses. The business shall be given a full and fair
opportunity of being heard and of calling witnesses and cross examining any other witnesses testifying before the Appeal
Committee and shall be allowed to appear in person or to be represented by solicitors or counsel or any other person.
(7) The Appeal Committee shall have full powers to:
a) uphold the appeal and either to reverse or modify the decision appealed against, subject to any conditions that the
Appeal Committee may apply;
b) to reject the appeal;
c) make such order for the payment of the costs of the appeal as it thinks fit.
(8) Any prescribed deposited fee pursuant to Rule 18(3) shall be applied in such manner as the Appeal Committee may
decide. In the absence of any order by the Appeal Committee to the contrary, each party shall bear its own costs.
(9) The decision of the Appeal Committee shall be final and conclusive and shall be binding on Certsure and the business.
The decision, which shall include a brief statement of reasons, shall be communicated in writing to both the business
and Certsure as soon as practicable after it is made.
19. Misuse of Our Branded Forms, Marks, Logos and Certificate of Registration
(1) A Scheme Contractor shall not issue a Certsure Form in respect of electrical work unless it has carried out the work
which is the subject of the Certsure Form.
(2) When offering to undertake the design, construction, inspection, testing or certification of electrical installation work
not included within the scope of its registration, a Scheme Contractor shall not imply by the use of advertisements,
business stationery, invoices, certificates or report forms etc. bearing Certsure’s Trade Marks, Certsure’s Logo or
Certsure s Registration Mark that it is approved by Certsure for that work.
(3) If a business’s Trading Title is removed from the Register, its licence to use Certsure’s Trade Marks and Certsure s
Registration Mark under Rule 10(4) will cease with immediate effect and the business will retain no rights in Certsure’s
Trade Marks or Certsure’s Registration Mark. The business shall immediately cease all use of Certsure’s Trade Marks
and Certsure’s Registration Mark and, in particular, it shall not use or display or permit to be used or displayed any
reproduction, print or replica of Certsure’s Trade Marks or Certsure’s Registration Mark in any form or on any material
whatsoever.
(4) A business whose Trading Title has been removed from the Register shall not exhibit or cause the Certificate of
Registration (or any copy) to be exhibited anywhere.
(5) A business whose Trading Title has been removed from the Register shall immediately destroy the Certificate of
Registration and all unused Certsure Forms.
(6) No business whose Trading Title has been removed from the Register or is otherwise not registered shall use Certsure’s
Trade Marks, Certsure’s Logo or Certsure’s Registration Mark in any manner or for any purpose whatsoever, nor shall it
in any way represent itself or its business as being registered.

CONFIDENTIALITY

All information, acquired and held by Certsure in respect of a business, other than that published in the Register, shall be
held by Certsure in confidence and, except as required by an accreditation body, by law, by these Rules or to confirm
compliance with the Rules, shall not be disclosed by Certsure to a third party without the prior written agreement of the
business concerned.

DATA PROTECTION

(1) Certsure will handle your data in accordance with GDPR Legislation. Data will be stored for certification and registration
purposes.
(2) Certsure may keep and use personal data (such as contact details) about officers and the business and employees of the
business for all purposes that Certsure requires properly to maintain the Register and to ensure compliance with the
Rules, including, but not limited to, the disclosure to third parties of the identity of such officers and employees.
(3) Unless the officers the business and employees of the business request otherwise, Certsure may, from time to time,
authorise the dissemination to such persons of sales and marketing materials relating to any services that Certsure
believes would be of interest to them. Such dissemination may be made by Certsure or by other persons authorised by
it. You can update your personal communication preferences via our website, search ‘Preference Centre’ on
www.niceic.com.
(4) Certsure reserves the right to conduct a credit check on the business.

PROFESSIONAL CONDUCT

In order to provide the best service Certsure is committed to the wellbeing of its customers and employees. Certsure expects
individuals using its services and premises to treat others with courtesy and respect. Verbal abuse, harassment and violence
towards our employees is unacceptable and Certsure will not hesitate to take action which could lead to prosecution and/or
removal of certification/services.

LAW AND JURISDICTION

The registration process and the validity, construction and performance of these Rules shall be governed by English Law.

 

 

 

Certsure LLP, Warwick House, Houghton Hall Park, Houghton Regis, Bedfordshire, LU5 5ZX
T: 0333 015 6625 E: customer.services@niceic.com W: www.niceic.com
Certsure LLP Trading as NICEIC. Registered in England No.OC379918. Registered office: Warwick House,
Houghton Hall Park, Houghton Regis, Dunstable, Bedfordshire, LU5 5ZX.