2. For the purpose of these regulations:

"ROS" Means  Registrar of Standards.

"Logo" Means the logo approved by the ROS Group member.

"Appeals Committee" Means a committee of the ROS Group Independent Certification Board established for the purpose of hearing appeals. The panel appointed in respect of each appeal will consist of a Chairman and at least two members of the Independent Certification Board, none of whom shall have any direct interest in the subject of the appeal.

"Applicant" Means an individual, body corporate or body incorporate which has applied but has not yet been granted a certificate for the scope of the application.

"Board" Means the Board established as the governing body of the ROS Group.

"ISO 9000 Series" Means the standard for quality systems.

"ISO 14001" Means the standard for environmental systems.

"ISO/TS 16949" Means the ISO 9000 standards as interpreted by the automotive industry.

"Health and Safety" Means the standard for health and safety systems.

"AS 9100" Means the ISO 9000 standard as interpreted by the Aerospace Industry.

"Standard/Scheme" Means any other National, International or other publicly available Code of Practice/Process that the ROS Group certifies.

"HACCP" Means the standard for a Hazard Analysis and Critical Control Points system.

"Certificate" Means a certificate recognizing that the management system operated by the organization having been assessed by a ROS Group member in accordance with these regulations.

"Schemes Manager" Means the person who is appointed for the time being by the Board of Directors with approval by the board, to be in charge of the area for which the Board has responsibility. There may be several Schemes Manager(s) dependent on the Schemes being certified.

"Registered Organization" Means an individual, body corporate or body incorporate which has been granted a certificate by a ROS Group member.

"Quality System" Means the organization, structure, responsibilities, activities, resources and events appertaining to an organization that together provide organized procedures, processes and methods of implementation to ensure the capability of that organization to meet the quality requirements established in accordance with ISO 9001, ISO 14001, ISO/TS 16949 or AS 9100 (and other related standards).

"Documented Management System" Means a set of documents/descriptions serving to implement the system of an organization which sets out the specific practices, resources and activities of that organization relevant to achieving compliance with a particular standard specification or otherwise specified requirement, plus, if appropriate, practices and activities relevant to specific Codes of Practice.

"Guidance Notes/Auditor Notes" Means a document developed by industry, procurement and associated interests, with or without the participation of a ROS Group member which particularizes the requirements of a Standard/Scheme series in relation to a particular sector of industry.

3. The Independent Certification Board is the final authority by which certificates may be granted, and acts through the Schemes Manager who, for the purpose of making assessments under these regulations, may from time to time delegate his/her functions as he/she may appoint or remove as he/she may deem necessary, subject to such conditions as the executive board may from time to time impose.

4. An applicant who satisfies the Schemes Manager that they are capable of compliance with these regulations and that the client carries out a bona fide business, and who gives to the Schemes Manager such undertakings as he may require shall, subject to the conditions of these regulations be entitled to a certificate which shall nevertheless remain the property of the appropriate ROS Group member. Initial Certificates are valid from the date of issue for a period of 36 months. If an organization does not intend to renew its certificate it must notify the Schemes Manager in writing of its intention not to do so, at least two months before the certificate expiry date. An organization's right to use the certificate is not transferable without the express permission of the schemes manager in writing.

5. A certified organization shall:

(i) comply with these regulations at all times

(ii) Use the appropriate logo in accordance with the conditions defined in the publication "Logo Regulations and Rules of Application" only in respect of the service(s) or product(s) which is/are the subject of the certificate, and then only from the address stated on the certificate (and annex if appropriate).

(iii) Maintain and document a system (where applicable) in accordance with the appropriate standard, and make available copies of all or part of the documented system should the schemes Manager require it to lodged with the appropriate ROS Group member for reference purposes.

(iv) Notify the appropriate ROS Group member of matters arising that may affect the capability of their management system to continue to fulfil the requirements of the standard(s) used for certification or these certification regulations. The notification must be immediate and in writing, when amendments to the system are significant (e.g. changes relating to legal, commercial, organizational status or ownership; changes to key management personnel; change in contact address and sites; changes in scope of operations covered by the certified/registered management system; and major changes to the management system and processes). Where amendments are of a minor nature, they must be notified to the ROS Group representative at the next scheduled assessment / surveillance visit.

(v) Discontinue any use of the applicable logo, which is unacceptable to the Independent Certification Board, and any form of statement or reference to the authority of the organization to be certified which in the opinion of the Independent Certification Board might be misleading.

(vi) Give representatives of the appropriate ROS Group member access during normal working hours, to the premises or sites in which work subject to the certificate is being carried out, for the purpose of examining materials, procedure, processes, methods of test, records and systems, or establishing that the procedure for the termination of certificate described in regulation (v) has been carried out if necessary.

(vii) Nominate for the approval of the Scheme Manager(s) a management representative and one or more deputies authorised to act in the main nominee's absence (and replacement nominees as may be necessary) who will be responsible for all matters in connection with the requirements of the certificate and who will, upon each visit by the representative of the ROS Group member sign a declaration if requested by the representative, to the effect that any changes in the procedures and other information relevant to the conditions under which the certificate is held including customer complaints, have been notified to the appropriate ROS Group member.

(viii) Upon the termination of the certificate (however determined) forthwith discontinue the use if the applicable logo and all advertising matter which contain the logo or any reference thereto. In addition, any other material or documents in the possession of the organisation which bear reference to the certificate will, if the Independent Certification Board requires, be so treated as to erase it.

6. The appropriate ROS Group member shall be entitled to charge fees at a level to be determined from time to time having regard to its cost relating to the administration of its schemes: An organization shall pay:

(i) A fixed annual fees for each certificate granted (this will include costs of surveillance), which shall not in any circumstances be returnable.

(ii) Additional fees for assessment, supervision, re-issue or endorsement of the certificate and administration such as shall from time to time be determined by the board to be fair and appropriate.

(iii) A final assessment fee upon termination of the certificate, however determined if such assessment be required by the certificate board.

(iv) Any additional costs incurred by the ROS Group member due to the certified organization's non compliance with these regulations.

(v) Travel expenses, as applicable, and related to certification activities.

(vi) All fees may be payable in advance of the activity to which they refer i.e. Application fee prior to document review; Assessment fee prior to assessment: and Annual Surveillance fee prior to surveillance, except where a continual payment method is used e.g. Standing Order or other arrangements have been approved by the appropriate ROS Group member.

7. The ROS Group member shall:

(i) Send a representative to the registered organization in line with the agreed surveillance programme, which will be notified to the client (these visits are normally once or twice a year) for the purpose of verifying that the obligations imposed by the certification rules are being carried out.

(ii) Notify the registered organization of any changes in applicable Guidance Notes, Standard or Certification Rules/Regulation and allow the organization such time as in the opinion of the Independent Certification Board is reasonable in which to adjust its processes and relevant procedures to meet the revised requirements.

(iii) Not Disclose Any Information concerning the registered organization which is of a confidential nature, other than information which is in the public domain.

(iv) Notify the registered organization of customer complaints relating to the compliance of the registered organization's product, process or service.

8. If a registered organization is temporarily unable to comply with the requirements of these regulations, the Independent Certification Board may require the registered organization to discontinue use of the logo, and/or any claim to be a registered organization with immediate effect until they are satisfied that the conditions of certification are again achieved or pending the result of any appeal under regulation 12.

9. In the event that an ISO/TS 16949 registered organization no longer supplies to an ISO/TS 16949 subscriber the Schemes Manager must be notified in writing within 20 working days, where upon registrations will be withdrawn (but not ISO 9000). Additionally, those companies that are being audited and registered to ISO 14001 must notify the relevant regulatory body or bodies (including the appropriate ROS Group member) of any known breach of regulation/legislation appertaining to the environmental system certified. Similarly, those companies that are being audited and registered to Health and Safety must notify the relevant regulatory body or bodies (including the appropriate ROS Group member) of any known breach of regulation/legislation appertaining to the system certified.

10. If a registered organization fails to comply with these regulations the Independent Certification Board may, subject to the provisions in regulation 12 as appropriate: (i) Suspend or withdraw the certificate or reduce its scope (ii) Refuse to grant or renew the certificate or extend its scope. Such decisions, and the grounds for them, shall be communicated to the registered organization in writing. Reasons for suspension/withdrawal include: failure to comply with these regulations; persistent or serious failure to meet certification requirements including the requirement to maintain effectiveness of the certified management system; not allowing surveillance or recertification audits to be conducted at the required frequencies; and client request. Failure to resolve the issues highlighted during audits/visits/complaints, in the agreed time frame (not to exceed 6 months), non payment of fees, will result in withdrawal or reduction of the scope of certification.

11. The Independent Certification Board may, at their discretion, and subject to regulation 12, revoke or refuse to grant or renew a certificate if the registered organization becomes subject to the bankruptcy laws or makes any arrangements or composition with its creditors, or enters into liquidation, whether compulsory or voluntary (but not including liquidation for the purpose of reconstruction), or has a receiver of its business appointed, or is convicted of an offence tending to discredit the registered organization reputation and good faith as a trader. Such decisions, and the grounds for them, shall be communicated to the registered organization in writing.

12. In the event of a registered organization or applicant wishing to appeal against any decision of the ROS Group Schemes Manager, Independent Certification Board under these regulations, it shall be within 14 clear days after having been officially informed of such a decision, giving notice in writing to be Independent Certification Board of desire to appeal against that decision.

A meeting of an appeal committee constituted in accordance with the regulations will be held within 30 clear days of receipt of such notice, and the appellant shall be given at least 7 clear days notice of the time and place of such a meeting.

The appellant will be advised as to the constitution of the appeals committee with respect to the individual candidature and shall be given the opportunity to object to any member of the committee. Such objections must be notified to the Schemes manager in writing, and the appeals committee will be duty re-constituted if upheld.

The Schemes Manager's decision shall remain in force pending any meeting of the appeals committee. At such meeting, both the appellant and the Schemes Manager shall be entitled to be heard in confidence. The decision of the majority of the appeals committee as declared by its chairman shall be final.

13. Should a client wish to make a complaint against the service offered by any member of the ROS Group, they should, in the first instance, write to the Schemes Manager at the appropriate ROS Group member Head Office. The contact addresses can be found on the ROS website at www.ros-certification.com

All complaints shall be duly recorded and reviewed, any corrective action thought  necessary shall be communicated to the complainant, within a reasonable time-frame. Should the action not be considered sufficient, the complainant should write to the Head Office, but mark the correspondence for the attention of the Independent Certification Board (ICB).

Following the ICB's review of the matter, any actions considered necessary shall, once again be communicated to the complainant. If the above action is still not considered satisfactory, the complainant should address his/her concerns to the relevant ROS Group member's Accreditation Body (e.g. UKAS, SMMT (for ISO/TS 16949), ANAB, NABCB, etc). Links to the Accreditation Bodies are available on the ROS Group member websites.

14. These regulations may from time to time be altered by the board. No such alterations shall affect the right of any registered organization to use the applicable logo, or claim to be registered under these regulations unless or until it shall have been notice in writing of such alterations by the appropriate ROS Group member who will notify the registered organization of the date by which it must comply with the altered regulations, which shall not normally be less than six months from the date of notification of the alteration.

15.  A list of registered companies shall be open for inspection by the public at the appropriate ROS Group member's operating address, which shall be published.

16. Any notice under these regulations shall be in writing and signed by or on behalf of the party giving it and may be served by leaving it or sending it by pre-paid recorded delivery or registered post, in the case of the ROS Group member or the registered organization at or to its address for the time being (registered office where applicable).

Any notice so served by post shall (unless the contrary proved) be deemed to have served 48 hours from the time of posting; and in proving such service it shall be sufficient to prove that the notice was properly addressed and was posted in accordance with this regulation.

17. As an accredited registrar the relevant Accreditation Bodies reserve the right to perform witnessed audits on our auditors, you therefore need to be aware that as a registered client there may be instance where the auditor will be accompanied by an auditor(s) from the relevant Accreditation Body. As a registered client you are obliged to allow the Accreditation Body auditor(s) to carry out the witnessed audit on your site.

 
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