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CONSULTATION ON REGULATIONS IN SUPPORT OF THE BUILDING (SCOTLAND) ACT

13 Certifiers

13.1 Appointment of certifiers

13.1.1 The Scottish Ministers may appoint individuals or bodies, either public or private, as approved certifiers of design or construction. Initially the Agency has approved individuals as certifiers and bodies (businesses, professional institutions or public bodies) as certification co-ordinators.

13.1.2 Certifiers are appointed on specified terms for a period set at appointment. This period may be varied or the appointment terminated on the grounds of a breach of any terms of the appointment, a failure to retrain when building standards legislation changes, or following an unsatisfactory audit.

13.1.3 The Scottish Ministers may also approve schemes whereby admission of individuals or bodies to the scheme confers approval as a certifier of design or construction, subject to limitations imposed by the Agency on the Scottish Ministers behalf. Each scheme is specific to an aspect of design or construction, and may be further limited by designations based on risk assessments or specialisations. Such designations limit the scope of work a certifier can cover, for instance with regard to the type of work, the use of the building, the intended occupancy, the area or volume of the building, or the adoption of particular construction techniques or materials.

13.1.4 Where the scheme provider is a professional body or trade association, or a subsidiary of such a body, it is not a requirement to take membership of the trade association, although it is expected that the advantages in the support available to members will encourage membership.

13.1.5 At present the following schemes are approved:

[At the time of this consultation, no appointments have been made. The intention is to have in place schemes for Structural Engineers as certifiers of design, and for Electricians as certifiers of construction to replace the provisions in the current system, but all appointments as certifiers will depend on suitable conditions being agreed.]

13.2 Performance criteria for certifiers

13.2.1 The Scottish Ministers have developed general criteria for the approval of certifiers, criteria for the approval of bodies as certification co-ordinators, and criteria for the approval of certification scheme providers. The criteria can be found on the Agency website at www.sbsa.gov.uk. The general principles applied are listed in regulation 40(2) of the draft regulations.

13.2.2 The Scottish Ministers may impose additional criteria specific to a type of certificate or scheme. [Examples of such additional criteria are to be found under the certification scheme details the Agency website at www.sbsa.gov.uk — yet to be decided]. Approvals may be limited by designations that define the scope of work that may be certified. Approvals may be varied at any time, to extend or reduce the number of designations, by agreement between the certification scheme provider and the Agency.

13.2.3 Certification can only be undertaken by approved individuals and bodies that have demonstrated they meet the appropriate criteria. An body that is approved as a certification co-ordinator cannot undertake certification unless it employs approved certifiers holding the designation(s) appropriate to the certificate. Provided that a certifier meets the basic criteria for approval, and the criteria for a particular description, the designation(s) may be varied at any time subject to the normal procedures for obtaining approval.

13.2.4 Any certifier that is also a verifier is not entitled to issue any certificates that relate to an application it is verifying.

13.2.5 Certification is only applicable to work that requires a building warrant. It will be for certification scheme providers to decide if they wish to develop schemes applicable to work that does not require a warrant, but which must meet the relevant requirements of the building regulations (see schedule 3 of the Building (Scotland) Regulations 2004). Such schemes may provide reassurance in the form of a guarantee of compliance with the Building (Scotland) Regulations 2004) for work not requiring a warrant, which may assist building owners in showing future purchasers that work has been properly done. If using the lists of approved certifiers to identify competent bodies, the contractual arrangement under which the non-warrant work is done should be clarified, as the protection offered by the approved certifier scheme will not be offered.

13.3 Auditing of certifiers

13.3.1 The Scottish Ministers require that approval of certifiers and scheme providers is renewed at intervals to be set on the basis of a risk assessment. Renewals will be subject to auditing of the eligibility and the performance of the individual, body or scheme provider. Schemes to approve certifiers must include provisions to audit the performance of certifiers. The audit criteria for approved certifiers of design or construction, for approved bodies and for scheme providers can be found on the Agency website at www.sbsa.gov.uk.

13.3.2 Approval of certifiers is subject to termination in the case of negligent certification or other poor performance. Approval of schemes is subject to termination in the case of negligent approvals, auditing or other poor performance.

13.4 Certification register

13.4.1 The Scottish Ministers must keep lists of approved certifiers available for public inspection at all reasonable times. There are separate lists of approved certifiers of design and of construction and of approved bodies. The register contains details of the matters which the certifiers are authorised to deal with. It also notes the dates of coming into effect of approvals and terminations of approval.

13.4.2 If an approved certifier chooses to cease to act as a certifier, they must send a letter of resignation to the relevant approval body. Any certificates issued prior to the date of the resignation letter will still be valid provided the certifier held the appropriate designations.

13.4.3 The Agency updates the register at regular intervals, and at the time of any resignation or termination of approval. Scheme providers must inform the Agency of approvals and renewals at regular intervals[yet to be agreed], but must supply details of resignations and terminations of approval within two working days. [The lists are can be found on the Agency website at www.sbsa.gov.uk. — not yet available].

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