1.1.ETC means Energy Training Centre LTD whose registered office is at Energy Training Centre LTD Unit Whitemoor Court, Nottingham. NG8 5BY.
1.2. ‘Contract’ means the contract for the provision of services by ETC to the customer.
1.3 ‘Customer’ means the person, firm or company ordering or buying services from ETC.
1.4 ‘Services’ means the subject matter of the relevant order or contract
1.5 ‘Order’ means the written order sent by the customer for the supply of services by ETC and includes purchase orders and faxes, emails and letters whether sent by post or electronically.
1.6 ‘Terms means the terms and conditions set out in this document.
2.1. No contract between ETC and customer shall exist until an order / invoice has been accepted in writing by ETC.
2.2. Any variation to the Conditions (including any special terms and conditions agreed between the Parties) shall be inapplicable unless agreed in writing by and signed by a director on behalf of ETC
3.1. Unless verbal or telephone Purchase Orders and any variations to Purchase Orders are confirmed in writing by the Buyer the Seller shall not be responsible for errors or subsequent misunderstandings.
- PRICE AND PAYMENT
4.1. All prices estimated, quoted or invoiced are in Sterling (UK Pounds)
4.2. The price is inclusive of VAT, which will be charged at the appropriate rate.
4.3. Payment will be due 30 working days from invoice date.
4.4. Where the customer fails to pay (4.3) future placements may be forfeited and cancelled.
4.5. ETC reserve the right to claim interest and compensation for debt recovery costs under the late payment legislation if we are not paid according to agreed credit terms.
4.6. Prices are based on ETCs current pricing policy, but ETC reserves the right to amend its quoted prices at any time prior the commencement of any contract/training.
- CUSTOMER CANCELLATION/ RESCHEDULE
5.1. ETC reserve the right in its absolute discretion and without further liability to change dates, times and venues or cancel a course, all monies will be refunded in the case of cancellation.
5.2. Notice period for cancellation of scheduled training. More than 20 working days prior course commencement 0% payable 100% refundable. 10-19 working days prior to course commencement 50% of fee payable 50% of fee refundable. Less than 10 working days prior to course commencement 100% of fee payable, 0% refundable.
5.3 On all Diploma courses a deposit of £750.00 must be paid prior to the course, and will only be refundable under the terms above in 5.2
- ALTERATIONS TO THE AGREEMENT
6.1. The Parties may, at any time, mutually agree upon variations to the Agreement. Any alterations in the scope of Goods to be provided under the Agreement shall be set out in a revised Order Acknowledgement, which shall reflect the changed Goods and price and all other terms agreed between the Parties.
7.1. Except in the case of death or personal injury caused by ETCs negligence, ETCs liability in respect of a contract shall be limited to the invoiced value of the services provided under the contract and in no event shall ETC be liable for any consequential loss or damage (whether for loss of profit or otherwise) which arise out of the sale or supply of the said services.
7.2. Any Goods to be so repaired or replaced shall be returned to the Seller at the Buyer’s expense.
8.1. The Buyer shall indemnify the Seller against all claims, costs and expenses which the Seller may incur and which arise, directly or indirectly, from the Buyer’s breach of any of its obligations under the Agreement.
9.1. The Agreement shall be terminated if either party ceases to carry on its business or substantially the whole of its business or where either party is declared insolvent.
- INTELLECTUAL PROPERTY RIGHTS
10.1. The specification and design of the Goods and all Intellectual Property Rights therein shall as between the Parties be the property of the Seller. Where any designs or specifications have been supplied by the Buyer for manufacture by the Seller or to the order of the Buyer then the Buyer warrants that the use of those designs or specifications for the manufacture, processing, assembly or supply of the Goods shall not infringe the rights of any third party and the Buyer shall indemnify the Seller against all claims, costs, damages and expenses which the Seller may incur and which arise, directly or indirectly, from the Buyer’s breach of such warranty.
- INSOLVENCY OF THE CUSTOMER
11.1. The customer makes any voluntary arrangement with its creditors or becomes subjects to an administration order (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation (otherwise for the purpose or amalgamation or reconstruction);or
11.2. An encumbrancer takes possession, or receiver is appointed, of any of the property or assets of the customer; or
11.3. The customer ceases, or threatens to cease to carry on business; without prejudice to any other rights to remedy available to ETC, ETC shall be entitled to cancel the contractor suspend any further performance under the contract without any liability to the customer and if the service has been provided but not paid for, the price shall become immediately due and payable not withstanding any previous agreement or arrangement to the contrary.
- GOVERNING LAW
12.1. The terms and any contract shall be constructed in accordance with English law and ETC and customer submit to the non exclusive jurisdiction of the English courts.
ACS Scheme Rules
Scheme Rules for the Nationally Accredited Certification Scheme for Individual Gas Fitting Operatives
This document contains the Cert-ain Certification Ltd Scheme Rules for the operation of the UK gas industry’s ‘Nationally Accredited Certification Scheme for Individual Gas Fitting Operatives’. A definition of terms used throughout this document is given in appendix 2. The document contains details about how to obtain Certification by undergoing Assessment at an Assessment Centre approved by Cert-ain Certification Ltd, within the scope of accreditation awarded by the United Kingdom Accreditation Service (UKAS).
These Scheme Rules cover the steps necessary for the Certification of an individual by Cert-ain Certification Ltd. These Scheme Rules apply only to Assessment and Certification and not to any training which may have been undertaken prior to the Assessment.
The Scheme will assess an individual’s competence to carry out gas work safely. The Scheme is not intended to assess an Individual’s competence in other areas of work. Appendix 1 lists the non-gas safety legislation and other requirements that are outside the scope of the Scheme. Employers, employees and self-employed individuals should recognise the responsibilities and duties they have under all legislation that encompasses their full range of work.
3. Policy Statements
It is the policy of Cert-ain Certification Ltd that impartial Assessment shall be open to any and all individuals meeting the Scheme entry requirements regardless of race colour, creed, nationality, ethnic origin, gender, marital status, religion, sexuality, political belief, ability or age. Preparatory training is not a pre-requisite for assessment.
Individuals are invited to indicate any special needs that they wish to be taken into consideration at the time of application. Each declared situation will be considered on an individual basis. Cert-ain Certification Ltd to take all reasonable steps to offer methods of Assessment that provide for the needs of individuals with learning and physical difficulties.
4. Scheme Criteria
The criteria that define Assessments are ratified by the ACS Executive Committee. The Scheme is modular in design and the number and nature of modules available are subject to periodic change.
A current list of modules is available on request. The current scope of UKAS accreditation for Cert-ain Certification Ltd. can be obtained via the UKAS web site (see section 16 for contact details). Modules are grouped into general work sectors, comprising:
• Domestic Natural Gas
• Commercial (Non Domestic)
• Liquefied Petroleum Gas (LPG)
• Commercial Catering
• Emergency Service Provider/Meter installer
For individuals working in two or more of the above sectors, changeover Assessments are available to avoid re-assessing common areas where competence has already been proven.
Candidates applying for the first time under this scheme will undertake an initial assessment. Candidates who are renewing their assessments under this scheme may be eligible to take a re-assessment.
For advice regarding the appropriate modules required to cover the work activities of an individual, contact should be made with the local Assessment Centre, details of which can be found by calling 01332987220 or visiting our website www.cert-ain.com
All formal applications shall be made on the application form provided, which must be complete in all its details before Certification can be processed. The application form requires the following information.
• Candidate name and address
• Candidate National Insurance number
• 2 passport sized photographs
• Copies of relevant qualifications and/or evidence of gas work experience
• A declaration of the category for the individual making the application
Individuals should contact their local Assessment Centre for advice if they unsure of their category, or the requirements relating to it. (See below)
Applicants who are experienced gas-fitting operatives who hold ACS, ACoPs, S/NVQ or City & Guilds Gas Qualifications and who is either seeking:
• Initial ACS assessment
• Re-assessment on initial ACS assessment
• Extension of certification to include additional work range
Application conditions require that this applicant obtains employment with a gas registered business that is willing to provide an extended period of company “in house” gas training and organisational support prior to taking the ACS assessment.
Applicants must provide evidence that they hold qualifications demonstrating competence in work activities associated with fossil fuelled appliances/equipment and/or pipe work installation. Examples of appropriate qualifications include:
• Plumbing craft qualification or S/NVQ
• Pipe fitter/welder craft qualification or S/NVQ
• Heating and Ventilating craft qualification or S/NVQ
• Refrigeration Engineer craft qualification or S/NVQ
Category 3 applicants are new entrants to the gas industry and have no relevant qualifications or experience.
Application conditions require that this applicant obtains employment with a gas registered business that is willing to provide an auditable extended period of company “in house” gas training and organisational support prior to taking the ACS assessment. (The alternative route for this category of applicant is to seek training and experience that will result in the attainment of an N/SVQ in Gas Services Installation and Maintenance at level II or III)
Note: A number of Cert-ain Certification Ltd. approved centres may operate training programmes that may be suitable to support a Category 2 or Category 3 applicant. Individual centres should be contacted for details.
The duration and content of the training programme will be determined by the scope of gas work to be undertaken. Evidence in the form of a portfolio of the completion of such training must be presented to the Assessment Centre prior to the operative taking assessments.
Alternatively an N/SVQ within the Mechanical Engineering Sector with related ‘on the job’ gas training and experience in the intended areas of gas work to be carried out will also support a future application.
All Individuals should declare to the Assessment Centre any situation in the past where: they have been deemed incompetent in matters of gas safety; they have had a gas competency certificate or qualification or gas registration withdrawn or they have been dismissed from employment on the grounds of gas safety incompetence. A failure to declare any such issues may invalidate any Certification awarded.
The Scheme comprises a number of gas-safety related Assessments; Each Assessment is subdivided into elements that reflect the competence that an individual is required to demonstrate in accordance with the Assessment Criteria. The Assessment(s) require and Individual to complete practical and/or written assessments dependent on the modules selected. Where necessary, individuals may be asked oral questions by an Assessor.
Individuals must comply with instructions given to them at the Assessment Centre regarding conduct and safety and must abide by any documented requirements, including the following:
• General conduct
• Provision of tools and equipment necessary to undertake any required practical Assessment. In the event that an individual provides his/her own tools or equipment, these will be subject to approval by the Assessor before use.
• Provision of protective clothing and safety equipment necessary for the Assessments attempted. In the event that an individual provides their own protective clothing and safety equipment, these will be subject to approval by the Assessor before use.
• Provision of necessary reference documentation, and industry or legislative source publications and other material for use in the Assessments. In the event that an individual provides his/her own material, then these will be subject to approval by the Assessor before use.
• Provision by the Assessment Centre of full instructions to enable the completion of both written and practical Assessments.
• In the event that an individual does not satisfy the full range of performance and knowledge criteria required by an Assessment, a partial re-assessment may be allowed, covering only those elements or tasks where Assessment was incomplete.
• Assessment Centres shall advise such individuals as to the areas where re-assessment may be necessary.
7. Certification Process
The Assessment Centre will indicate to individuals the provisional outcome of their Assessment within 10 working days of the completion of their assessment. This result will still be subject to verification, following which records will be transmitted to Cert-ain Certification Ltd. Assessment Centres may only recommend Certification; the final decision rests with Cert-ain Certification Ltd.
Cert-ain Certification Ltd. will endeavour to provide successful Individuals with Certification with 20 days of receipt of correctly completed paperwork from the Assessment Centre.
Certificates of competence issued contain the following details: the scope of the Certification; the Individuals full name; certificate number; national insurance number; date of birth; a description of each assessment; the expiry date of the certification; the certificate holders signature; and a clear warning statement that the certificate is only valid when presented on original paper. Photocopied certificates are not evidence of competence and should not be accepted as such. The certificate remains at all times the property of Cert-ain Certification Ltd.
Replacement or duplicate certificates can be obtained from Cert-ain Certification Ltd. A fee, paid in advance and in line with current Certification fees will be charged by Cert-ain Certification Ltd. in the event of any such request.
Unless Cert-ain Certification Ltd. has a specific formal arrangement with an employer or any other third party, certificates will be issued directly to the individual assessed. Where employer agreements exist, they will specifically require that original certificates must be issued to the certificated Individual.
8. Suspension or Withdrawal of Certification
Cert-ain Certification Ltd. reserves the right to suspend or withdraw Certification upon evidence of a breach of the Scheme Rules, misuse of the Cert-ain Certification Ltd mark or logo or failure to pay the agreed fees (also see section 14). Cert-ain Certification Ltd may prescribe corrective actions to remedy the breach with a reasonable time limit for implementation, normally one month. If, after the time limit expires, implementation of corrective actions has not been completed, instigation of withdrawal procedures will commence.
Upon receiving written notification of the withdrawal of Certification, the individual shall forth immediately: return to Cert-ain Certification Ltd. appropriate certificates; cease carrying out work within the scope of certification that has been withdrawn; cease use and distribution of any stationary, advertising or literature bearing the Cert-ain Certification Ltd logo; and follow any other instructions included in the written notification.
Withdrawal of an individuals Certificate(s) will be publicised in suitable industry publications and details of the withdrawal will be submitted to the Gas Registration Body. Individuals have the right of appeal to Cert-ain Certification Ltd as described in clause 10 below.
Individuals may make a complaint concerning this scheme to the Assessment Centre attended or to Cert-ain Certification Ltd. Complaints will be investigated, reported, resolved and the results of any investigation will be communicated in writing to the individual. Complaint procedures shall be in place at each Assessment Centre and Cert-ain Certification Ltd and shall be made available to any individual on request. The Individual has the right of appeal against any decision reached by Cert-ain Certification Ltd (see clause 10 below).
Individuals have the right of appeal against any of the following: the results of a complaint investigation; a decision not to issue a certificate; or a decision to withdraw a certificate.
Individuals have the right to be represented at an appeal hearing, but must inform Cert-ain Certification Ltd in writing of this intention. Representation may be by a legal, trade union or any other body or colleague.
The initial appeal must be made within 15 days of notification of a decision. Cert-ain Certification Ltd will thoroughly investigate any appeal and make a decision on the appeal within a reasonable time period (usually one month), and submit the findings of the investigation to the appellant. If the appellant wishes to appeal against this decision, they must notify Cert-ain Certification Ltd within 7 days of notification of the decision. An independent Appeals Committee will then be convened and its constitution will be communicated to the individual. The individual has the right to object to the constitution. In such cases an alternative panel will be proposed by Cert-ain Certification Ltd. Following evaluation of the appeal the decision will be formally notified to the individual. The total cost of appeals by an individual shall be borne by them where the appeal, at any stage, is not upheld by Cert-ain Certification Ltd under these Scheme Rules.
11. General Conditions
Certification is subject to the Scheme Rules. Cert-ain Certification Ltd reserves the right to carry out verification as deemed necessary to confirm continuing satisfactory performance, or act upon evidence received concerning lack of competence. Certification does not discharge or lessen an Individual’s responsibilities, statutory or otherwise.
Cert-ain Certification Ltd will not be responsible for any losses or allege losses incurred by any individual company or organisation where scheme rules are not met.
Certification does not allow the use of logos either Cert-ain Certification Ltd or of UKAS unless a formal agreement for such use is given. The scope of certification of an individual must be available to members of the public. Information about an individual’s Certification may be given either by Cert-ain Certification Ltd or by GAS SAFE and shall be limited to facts concerning the scope of certification.
Cert-ain Certification Ltd shall hold an Individuals details in accordance with the Data Protection Act 1998 and shall use the data only for the purposes as indicated on the application form.
All official parties to the Scheme (comprising Cert-ain Certification Ltd, Assessment Centres and the Gas Registration Body shall ensure that they and all their staff shall keep in full confidence all information of a private, confidential or secret nature. At no time shall such information be disclosed to any third party except as permitted within these Scheme rules to enable the official parties to carry out their duties and obligations.
14. Fee Structure
Fees for Assessment and Certification will be levied by the Assessment Centre and must be paid in full. Non payment to the centre may result in an individuals assessments results being held at the centre.
The cost of any complaint investigations or appeals by an individual shall be borne by the individual where the complaint or appeal is not upheld by Cert-ain Certification Ltd under these Scheme Rules.
15. Guidance on Registration
When issuing a certificate of competence, Cert-ain Certification Ltd shall download the scope of Certification to the Gas Registration Body to update the National Database of Gas Fitting Operatives. Individuals should contact the Gas Registration Body for information regarding the issue of an identification card or an update of that card to cover new areas of Certification.
Individuals working within the scope of the Gas Safety (Installation and Use) Regulations should note that gas work must not be carried out by any individual unless that individual is both registered (either by a sole trader or via their employer) and in possession of a valid certificate of competence covering the work area concerned.
Note: An Individual holding an ACS certificate may still be refused Gas Registration. Applicants should also seek guidance from the Gas Registration Body on the full requirements of registration.
16. Assessment Centre Arrangements
Start times, finish times, and break times etc will vary between Assessment Centres. Please contact the Assessment Centres for details of specific arrangements.
17. Contact Details
Cert-ain Certification Ltd
58A High Street, Melbourne, Derby, DE73 8GJ
Tel: 01332 987220
Fax: 01332 895989
Web Site: www.cert-ain.com
Gas Safe Register™
PO Box 6804
Tel: 0800 408 5577
Web Site: www.GasSafeRegister.co.uk
21-47 High Street
Tel: 0208 917 8400
Web Site: www.ukas.com
Thank you for choosing a Cert-ain Certification Ltd approved Assessment Centre. We are committed to providing a fair and impartial assessment. If you require any further information, please do not hesitate to contact Cert-ain Certification Ltd. or your local Assessment Centre.
Legislation and Requirements outside the Scope of the Scheme
This appendix lists legislation and requirements that lie outside the scope of this Scheme and which are not covered by competency assessment. The list is not definitive but is intended to provide guidance to the breadth of work of gas fitting operatives where relevant qualifications and training should be encouraged.
• Gas Safety (Management) Regulations
• Health and Safety at Work etc Act
• Electricity at Work Regulations
• Electricity Supply Regulations
• British Standards 7671 (IEE Wiring regulations)
• Construction (Design & Management) Regulations
• The reporting of Injuries, Diseases and Dangerous Occurrences regulations
• Management of Health and Safety at Work Regulations
• Provision of Work Equipment Regulations
• Manual Handling Operations Regulations
• Workplace Regulations
• Personal Protective Equipment (PPE) at Work Regulations
• Control of Substances
• Hazardous to Health Regulations
• Control of Asbestos at Work Regulations
• Control of Lead at Work Regulations
• Water Supply (Water fittings) Regulations
• Water Byelaws (Scotland)
• Building Regulations (beyond gas safety)
• Factories Act
• Gas Meter Regulations
• Gas Quality regulations
• Boiler (Efficiency) Regulations
• The Pressure Systems (Safety) Regulations 2000
• The Gas Meters (Information on Connection and Disconnection) Regulations 1996
• OFGEM Approved Meter Installer (OAMI)
• Construction (Head Protection) Regulations
• Noise at Work Regulations
Definition of Terms
The activity that an Individual must complete to demonstrate competence (see section 6 for details).
• Assessment Centre
A location approved by Cert-ain Certification Ltd where assessment can be undertaken.
A person approved and registered by Cert-ain Certification Ltd who is qualified to supervise Assessments.
The Issue of a certificate of competence following successful Assessment.
• Gas Safe Register™
Appointed by the Health and Safety Executive as the Gas Registration Body for England, Scotland and Wales to operate a
National Database of Gas Fitting Operatives.
A person applying for: Assessment/Certification, undergoing Assessment or in receipt of certificate(s).
• Cert-ain Certification Ltd
Cert-ain Certification Ltd, accredited by UKAS for operating the Scheme described herein.
The Nationally Accredited Certification Scheme for Individual Gas fitting Operatives (ACS), as described in
the Gas Safety (Installation and Use) Regulations.
• Scheme Rules
The United Kingdom Accreditation Service, the organisation recognised by the UK Government as the
national body for accrediting certification bodies such as Cert-ain Certification Ltd
Gas Diploma Opt out
Our Gas Diploma courses have no limit to the the quantity of training days you undertake. This means we can ensure you receive above average training and ensuring confidence when faced in the “real” world. You will be recommended for assessment rather than adhering to pre planned assessment dates.
Both parties must be in agreement that they are ready to undertake their final ACS Assessments following the successful completion / certification of the Diploma course. If we agree for you to undertake your ACS assessments but are referred in any practical elements you may incur additional costs in order to re-sit. (additional training / theory re-takes if needed will not be charged)
If you wish to opt out of the Gas Diploma programme your £750.00 deposit / first initial payment will not be refunded if you have enrolled and started on the course see 5.3, If you choose to opt out all together and have agreed to “pay as you train” the remaining invoice balance must be paid in full or each training day attended will be charged at £250.00 per day (which ever is the least amount) unless agreed with a Director of ETC.
Diploma training days not attended as per 5.2 above will be charged at £250.00 per day
Any Diploma course taking longer than 12 months to complete due to candidates not completing “on site” portfolio or failing to attend course dates offered must be agreed by a director of ETC otherwise the course will be terminated and the remaining balance of invoice must be paid in full or each training day attended will be charged at £250.00 per day (which ever is the least amount) unless agreed with a Director of ETC.