Terms and Conditions

1. DEFINITIONS

Wherever any of the following words appear in bold and have capital initial letters they shall have the meanings stated below. If a defined word or phrase is printed with a lower initial case and does not appear in bold, it is not intended to have the meaning stated below.

 

Appeals

An appeal made under Rule 36(a). 

 

Appeals Committee

The Appeals Committee for the time being appointed under the Rules which will comprise of one Company Director, one Contractor and one Solicitor to be appointed by the Company. 

 

Applicant

A person, company or firm who completes an Application for Membership

 

Application

An application form completed by an Applicant for membership. For the purposes of the Terms & Conditions this definition is also deemed to mean any application to renew membership.

 

Builder

Any person, company or firm carrying on the business of constructing New Structures and/or converting existing buildings into residential accommodation.

 

Building Control Body

An authority charged under statute with the implementation of Building Regulations and may include an “Approved Inspector”.

 

Building Regulations

The statutory building regulations in force in the territory in which the New Structure is situated when the plans or documents which relate to a New Structure are submitted to the local authority or any body of a like nature.

 

Buyer

The original buyer having a freehold, commonhold or leasehold interest in the New Structure or his successor in title or any mortgagee in possession or lessor (other than the Developer or Builder of the New Structure).

 

Common Parts

Those parts of a multi-ownership (of which the New Structure is part) for a common or general use for which the Buyer has joint responsibility together with other owners or lessors. 

 

Company

Global Home Warranties UK Ltd who maintain the register and whose address is Suite 5, The Exchange, Goban Street, Portadown, BT63 5AG

 

Construction Works

Construction works that fall under the cover of a relevant Scheme as indicated on the application form or (Notification) for any such Scheme and for which a Notification must be submitted before cover is considered under any such relevant Scheme. For the purposes of this definition is deemed to include New Structures.

 

Damage

Damage caused by Defect.

 

Defect

A failure to comply with the Requirements in respect of the Construction Works which will or is likely to cause Damage.

 

Developer

Any person, company or firm organising or involved with the organisation, via a builder, of the construction of New Structures and/or the conversion of existing buildings into residential accommodation units and the sale of such New Structures and/or units.

 

Employer

The insured person company or firm named where relevant on the Insurance Certificate of a relevant Scheme.

 

Forms

One of the forms prescribed in the Rules as from time to time amended.

 

Insurance Certificate

A certificate produced by the Company following all relevant inspections to signify acceptance for continued insurance under a Scheme. Where the words ‘Final Certificate of Insurance’ appear in Scheme literature it is deemed to have the same definition as Insurance Certificate.

 

Members

A person company or firm who’s Application has been accepted and whose name has been entered onto the Register.

 

Membership

To have membership is to have the status of Member.

 

New Structure

A house or other residential accommodation or commercial building or mixed use building, either newly constructed or newly converted from an existing building, which is or is intended to be accepted for cover under a Scheme, and as so defined in insurance or Scheme Documents relating to a particular Scheme operated by the Company.

 

Quotation

The form in which the Company notifies the Member of the sum including the premium payable for and any other conditions to be imposed and as the case may be under Rule 23(h) in order for a New Structure to be built or constituted by conversion of an existing building to be included in a Scheme.

 

Quotation Acceptance

The form in which the Member notifies the Company that the Quotation is acceptable under Rule 23. 

 

Register

The register of Members which the Company maintains. For the purposes of this definition being removed from the Register is termination of Membership.

 

Regulations

The Appeal regulations agreed by the Appeals Committee and as from time to time amended or extended.

 

Requirements

The procedural design and construction requirements of the Company in force at the date on which documentation dealing with the Construction Works was submitted to the local authority pursuant to the Building Regulations.

 

Responsibilities 

The responsibilities undertaken by the Member in contract with the Buyer pursuant to Rule 21.

 

Rules

The terms & conditions set out in this document as amended from time to time.

 

Scheme

Any Insurance or guarantee Scheme operated via Member and its insurer. 

 

Scheme Documents

The documents from time to time issued by the Company relation to a Scheme.

 

Technical Committee

The Technical Committee for the time being appointed by the Company.

 

2. ENTRY INTO FORCE

These Rules shall come into force on 16^th March 2011

 

3. ELIGIBILITY

An Applicant must satisfy the conditions below to be eligible for membership:

The applicant must;

1. be and is likely to continue to be solvent;
2. have the technical ability to carry out Construction Works to the Requirements or to ensure that Construction Works are carried out to the Requirements.
3. comply with the Responsibilities.

The Company may request such information from or make such enquiries of or carry out such investigations into the suitability of the Applicant for Membership as the Company see fit.

 

4. REGISTRATION

A person, company or firm must have attained Membership of the  Register in respect of any Scheme in which he wishes to participate.

 

5. RULES

An Applicant shall be entitled to apply for Membership in respect of any Scheme or combination of Schemes in the manner stipulated by Rule 7. An Applicant whose Application has been accepted shall be bound by the Rules and, insofar as the Rules are expressed to apply to persons, companies or firms who have been removed from the Register, shall continue to be bound by them in respect of all actions taken under them.

 

6. CHANGES TO THE RULES

1. The Company may amend the Rules from time to time so as to allow for changes in the law or developments in good building practice or any other reason.
2. The Appeals Committee may amend the Regulations from time to time to take account of changes in the law, to increase administrative efficiency or in the interest of justice but no such amendments, save those required by law, shall take effect until they have been approved by the Company.
3. The Forms may from time to time be amended by the Company.
4. All amendments provided for in sub-rules (a), (b) and (c) above shall take effect when stated and shall without delay be notified to all Members on the Register.

 

7. FORM OF APPLICATION

Each Application must be made by completing a membership application form provided by the Company for that purpose and shall be subject to the payment of a non returnable fee of such amount as the Company may direct.

 

8. ACCEPTANCE

The Company shall deal with any Application (including the Application to renew) in any way it may in its absolute discretion see fit and shall within a reasonable time decide:

1. to accept the Application  without conditions; or
2. to accept the Application subject to such conditions as the Company may impose; or
3. to defer the Application; or
4. to refuse the Application.

The Company’s decision shall be notified to the Applicant forthwith in writing.

 

9. ACCEPTANCE SUBJECT TO CONDITIONS

The Company shall have absolute discretion as to the conditions imposed on any acceptance of an Application and in particular the Company may require that the Applicant:

1. pays to the Company such amount in excess of the usual charge relating to Construction Works subject to a Notification as stipulated in Rule 23;
2. gives such security as may be required by the Company to guarantee the proper performance of its duties pursuant to the Rules;
3. be required to satisfy, or give such security as the Company may require relating to any liability to which the Company has been or may become subject because of any acts or omissions of the Applicant or any of the Applicants affiliates.

 

10. REGISTER

The Register will be maintained by the Company. The Register will be made available for inspection within normal office hours subject to an appointment at the discretion of the Company.

 

11. RENEWAL FEE

An annual renewal fee in respect of each Membership of the Register shall be payable to the Company. The fee shall be set at the Company’s absolute discretion.

 

12. REMOVAL FROM THE CONSTRUCTION REGISTER

Where a person, company or firm is removed from the Register under Rule 13, Rule 14 or Rule 15 below, the Company may require that person, company or firm to:

1. give such security to the Company as it may require; or
2. pay the Company a sum in lieu of security which shall not be refundable;

in respect of any liability, contingent or otherwise, to which it may be subject with respect to any Construction Works carried out by that person, company or firm or on behalf of that person, company or firm. Where a person, company or firm is removed from the Register for disciplinary reasons, the removal may be published in the building press at the absolute discretion of the Company.

 

13. VOLUNTARY REMOVAL FROM THE REGISTER

A person, company or firm may be removed from the Register at his own request in writing.

 

14. REMOVAL FROM THE REGISTER BY THE COMPANY

The Company shall be entitled to remove a Member from the Register or impose such restrictions or conditions on a Member as the Company deems fit where:

1. the Member is in breach of any obligation imposed on the Member pursuant to these Rules;
2. the Member or any employee or agent of the Member is convicted by any court of competent jurisdiction of any offence involving dishonesty;
3. any civil action judgment is given against the Member in circumstances involving a fraud or dishonesty on the Members part;
4. the Members actions are such that in the opinion of the Company the reputation of the Register will suffer as a result;
5. the Insurer has made a decision to pay any sum relating to the Construction Works due to the Members acts or omissions;
6. the Member has failed to reply fully within one month to any correspondence sent by recorded delivery from the Company.
7. the Member has made or attempted to make any arrangement or composition with his creditors or, being a company, has passed any resolution pursuant to which the Member will stop trading or entire voluntary liquidation;
8. a power of sale is exercised by a mortgagee in possession prior to conveyance a Buyer in respect of any New Structure covered under a Scheme provided by the Company whether contracts of sale with a Buyer have been agreed, exchanged or not;
9. any cheque or other bill of exchange drawn on or by the Member is not honored on presentation;
10. any fee payable by the Member pursuant to these Rules has not yet been paid with due;
11. the Member is or becomes subject to the control of or in the opinion of the Company is or becomes otherwise associated with a person, company or firm who has been removed from the Register.

The rights of the Company pursuant to this Rule are without prejudice to the generality of any other rights of the Company and any delay by the Company in exercising its rights under this Rule shall not amount to a waiver of its rights to remove a Member from the Register.

 

15. AUTOMATIC REMOVAL FROM THE CONSTRUCTION REGISTER

If a Member becomes bankrupt or, being a company or firm, has a petition presented for its winding up or enters liquidation or if a receiver, administrator or administrative receiver is appointed in respect of any part of its affairs, the Member shall on the occurrence of any such event be removed from the Register.  Any Member to whom this Rule applies must inform the trustee, receiver, liquidator or administrator as the case may be of the Company’s interest.

 

16. Notices of Events which may cause Removed from Register

Where the Company becomes aware of the happening or alleged happening of events which may entitle it to remove a Member from the Register under the terms of Rule 14 above, it shall as soon as conveniently practicable give notice thereof to the Member in writing.  The Member concerned shall within 14 days of the date on the notice (or within such further time as may be granted by the Company) give a full reply to the notice using in writing.  Having made such investigations as it sees fit, the Company shall make its decision on the issue without unreasonable delay and forthwith communicate the same to the Member in writing.

 

 17. Consequence of Removal from Register

1. A person, company or firm who has been removed from the Register shall continue to be bound by the Rules with respect to any Construction Works which have been completed or are being carried out by that person, company or firm or on behalf of that person, company or firm not withstanding removal of that person, company or firm from the Register.
2. Any sum which a person, company or firm who has been removed from the Register is liable to pay under the Rules to the Company in respect of Construction Works shall remain payable by that person, company or firm notwithstanding the removal of that person company or firm from the Register and notwithstanding the liability of that person, company or firm to pay such sum does not arise until after such removal.
3. A person, company or firm who has been removed from the Register shall not avoid any actual or contingent liability to a Buyer, Employer, or the Company because the removal of that person, company or firm from the Register.
4. Following the removal of a person, company or firm from the Register that person, company or firm shall not be entitled to use logos or emblems of the Company or the Schemes and shall not be allowed to be held out as being registered.

 

18. Requirements

Members shall procure that Construction Works shall each be carried out to the Requirements.

 

19. Responsibilities OF MEMBERS

1. If a Member of the Register elects to carry out or market Construction Works which are not to be covered by a Scheme provided by the Company the Member must ensure that all parties who have any interest or express potential interest in such Construction Works are made aware at the earliest possible opportunity that although the Member is on the Register none of the Schemes shall apply to the Construction Works concerned.
2. Where a housing association contracts with the Company to enter into a Scheme and agrees that the Rules shall be incorporated in the terms of the contract:
3. the Rules shall so far as practicable be applied as if the housing association were a Member of the Register and;
4. the housing association shall not employ any person, company or firm who is not a Member of the Register to carry out Construction Works
5. Unless the person, company or firm is a Member of the Register shall not be entitled to carry out Construction Works for the purposes of these Rules under any Scheme.
6. Insofar as a Builder who is a Member of the Register acts as a Developer he must also comply with the Rules relating to Developers and be deemed to be a Developer.
7. Sub-contractors of a Builder who is a Member of the Register shall not be required to be on the Register but the Member shall be bound to employ competent sub-contractors and to take full responsibility for work done by any sub-contractors the Member employs.
8. Members involved with sheltered housing schemes shall comply with the relevant codes of practice and conduct for that business sector and not treat any Buyer in a way that is likely to bring the Scheme into disrepute.

 

20. Contractual Responsibilities Of Builders AND DEVELOPERS

1. Subject to sub-rule (b) below, if a Developer enters an agreement with a Buyer of a New Structure such Developer shall warrant that:-
2. they are currently a Member of the Register;
3. they will fulfill his obligations under the Rules;
4. the Construction Works will have been carried out pursuant to the Requirements and in a workmanlike fashion such that it is fit for human habitation;
5. they will (if he has not already done so) apply to the relevant Building Control Body for an inspection of the New Structure pursuant to the Building Regulations and procure the delivery of an approval notice/plans certificate from the Building Control Body when requested by the Company;
6. they will organise cover under the relevant Scheme (the premium for such cover being the sum payable by the Developer on submitting the Notification);
7. once the Building Control Body has inspected the New Home he will procure the delivery of their final certificate to the Company as soon as possible;
8. he will comply with the Developer’s responsibilities (which shall be set out in full in such agreement);
9. unless provision is made for such charges in the contract price of a New Structure no charge will be made on any Buyer by the Developer for any document or service rendered by the Company in relation to the Scheme under which the New Home is covered;
10. they will be liable for and will repair any Damage or rectify any Defect which is manifested during the Developer’s Guarantee Period where this period is included in a Scheme, including any Damage or Defect which is the result of his building on adjoining property and any consequential damage to the New Structure;
11. they will not complete the sale to a Buyer of a speculatively built New Structure until the Insurance Period Certificate has been issued by the Company.
12. Where a Member who acts as a Developer wishes to obtain a relaxation of his contractual obligations under Rule 24 sub-rule (a) in relation to a New Structure he may make an application in writing to the Company.  The Company may alter these obligations in relation to a particular New Home where:
13. the Member is established to the satisfaction of the Company that the design or the construction or conversion of a New Structure will be carried out under the supervision of or by an architect or qualified building surveyor or other suitably qualified person who has been approved by the Company and who has been employed by the Buyer pursuant to a RIBA or like form of agreement;
14. the Buyer of the New Structure and the Member have entered into an agreement the form of which has been approved by the Company and the effect of which is to limit the duty of the Builder or Developer to design or carry out Construction Works according to the Requirements; or
15. the relaxation relates to structural aspects of the Requirements and potential Buyers are advised by the Developer of the change in Requirements.
                                                                                                                                                     
16. Save as specifically provided for in this Rule, no Builder shall sell a New Structure to a Buyer under a Scheme other than a Developer.

 

21. PREMIUMS

1. In setting premiums payable hereunder the Company shall be entitled to consider:
2. the contract value of the Construction Works and where relevant, the value of the land;
3. the size contract value and replacement or (re)building cost of the Construction Works whichever is applicable to the relevant scheme;
4. the claims record of the Member and, where appropriate, the respective experience and ability the Member;
5. the time which has been taken or will be taken to undertake relevant inspections of the Construction Works. Surveyors carrying out inspections will be appointed by the Company;
6. the timely compliance or otherwise with deadlines set within Schemes;
7. such other matters as it may see fit.
8. An initial premium which has been based on an estimate of the contract value of the Construction Works including its land value may be adjusted following a declaration as to the actual price including the land value (as necessary) so as to reflect the likely replacement or rebuilding costs whichever is applicable to the relevant scheme of the Construction Works as compared with that factored into the original estimate of price.  Insofar as any additional premium is due to be paid by the Developer such

premium shall be payable on demand by the Company.

 

22. NOTIFICATION

1. A Notification shall be:
2. made in such form as may be prescribed from time to time by the Company but normally using the application form for the relevant Scheme or in writing, via e-mail or telephone contact with the Company;
3. subject to sub-rule (d) below, submitted to the Company not less than 6 weeks before Construction Work is intended to begin or at such other time as the Company may specify;
4. accompanied by such non-refundable insurance premium or premium deposit as may be required from time to time by the Company which will be credited towards the premium stated in Quotation if issued.
5. Upon receiving a Notification;
6. the Company will decide, in its absolute discretion, whether or not to accept the Notification and if so whether any conditions shall apply;
7. the Company decides to accept a Notification the Company will issue a Quotation in such form as the Company may decide stating what conditions, if any, apply and enclosing a Quotation Acceptance which shall be in such form as the Company may decide.
8. if a Member decides to accept the Quotation, he shall complete and return the Quotation Acceptance to the Company at least 3 weeks before the Construction Work is intended to begin.

 SPECULATIVE NEW STRUCTURES

1. A Developer who is a Member and who wishes to organise the speculative building of any New Structure, including a conversion, refurbishment or repair, shall submit a Notification to the Company in accordance with this Rule.
2. A Builder shall;
3. submit a Notification of in respect of Construction Works which he intends to carry out for each New Structure pursuant to an agreement between Builder and an Buyer;
4. when the Builder is to carry out Construction Works in respect of a New Structure to be sold by a Developer ensure that a Notification is submitted by the Developer and not the Builder.
5. Where the land on which Construction Works are to be carried out in respect of a New Structure causes an unusual risk of Damage or Defects, the Builder or Developer shall submit the Notification not less than 9 weeks before Construction Work is intended to begin, or at such other time as the Company may specify.

GENERAL

1. The phrase “the land on which Construction Works are to be carried out in respect of a New Structure causes an unusual risk of Damage or Defects” includes but is not contained to the ground conditions specifically set out in the form of Notification.

 

23. SCHEME DOCUMENTS

1. The Company will issue an initial cover letter in respect of planned Construction Work for each accepted Notification to the person who submitted the relevant Notification or in respect of New Structures to any Buyer named therein.
2. Subject to sub-rule (c) below a Member is obliged to transmit the Scheme Documents to the Employer or Buyer of the Construction Works at the time of exchange of contracts or when a contract is concluded between the Member and the Buyer or Employer pursuant to which the Construction Works are to be carried out.
3. In respect of New Structures the Member shall only deliver Scheme Documents to a person if the Member is named in the Scheme Documents as the Developer and:
4. the Member has received authority in writing from the Company to deliver the Scheme Documents to that person; or
5. that person is the Buyer who is buying or leasing the New Structure from the Member.

                                                                                                                                                           

24. PLANS AND INSPECTIONS

1. The Member shall supply such plans as are required on the prescribed form of Notification or as may otherwise be required by the Company.
2. When so requested the Member shall provide the Company with such further detailed plans, calculations and site investigation reports as it may require in relation to the proposed Construction Works or the site including, where relevant, any special reports on land adjoining the site.
3. The construction plans submitted to the Building Control Body relating to a New Structure shall be made available on the site by the Member at any time within normal working hours.
4. The Company shall be provided by the Member with all facilities and information which may be required from time to time during and on completion of Construction Works including the provision of test samples.

 

25. COMMENCEMENT OF WORK

No Construction Works shall be begun unless at least 2 working days’ notice has been given to the Company.  Late registration charges will be imposed upon late Notifications.

 

26. AUTHORITY TO THE COMPANY

Notification by a Member is sufficient authority to the Company to allow the Company to issue insurance on behalf of the Member to the Employer or Buyer in such Notification.

 

27. TAKEOVERS

Where a Developer has acquired a New Structure or Construction Works contract or while Construction Works are being carried out and a Notification has not been lodged in relation to those Construction Works then the Member shall inform the Company forthwith if it intends to make the Construction Works subject to cover under the relevant Scheme and /or

1. promptly submit a Notification;
2. pay such premiums and additional premiums as the Company may require;
3. reimburse the Company in respect of any expense incurred in inspecting the New Structure to establish whether it complies with the Requirements;
4. carry out any remedial work and otherwise ensure that the Construction Works when completed complies with the Requirements.

 

28. INSURANCE CERTIFICATE

1. Where:
2. the Company is of the opinion that in relation to completed Construction Works or in respect to a completed New Structures and all Common Parts relating thereto the Member has fulfilled his obligations pursuant to these Rules then subject to the remaining paragraphs of this Rule it will provide an Insurance Certificate in respect of the Construction Works, excluding Common Parts and/or in respect of Common Parts as the case may be;

Note: Final Certificates relating to New Homes may be retained by the Company pending

completion of Common Parts.

1. a Member has failed to comply with part of his obligations pursuant to these Rules then the Company may provide Insurance Certificate(s) bearing an endorsement under which specified items are excluded from the cover under the relevant Scheme;
2. either (1) the Construction Works begins more than 12 months after the submission of the Notification in respect of it or (2) a Insurance Certificate has not been issued before 3 years have elapsed from the date of the submission of the applicable Notification then the Company shall be entitled to require an additional premium to be paid by the Member before issuing a Insurance Certificate.
3. Where the Company is unwilling or for any reason declines to provide a Insurance Certificate relating to Construction Works due to a failure on the part of a Member to fulfil any obligation under the Rules, the Company may where appropriate serve notice on the Member concerned.  A Member in receipt of such notice shall (subject to sub-rule (c) below) be obliged to undertake forthwith such work as may be specified in it so that the Construction Works comply with the Requirements in full.
4. A Member shall be entitled to exercise his rights under Rule 41 to challenge the action of the Company in calling upon him to undertake work specified as a prerequisite to the provision of an Insurance  Certificate by the Company.
5. A Developer shall not complete the sale to a Buyer of a speculatively built New Structure until the Insurance Certificate has been issued by the Company.

  

29. BUILDING CONTROL BODY CERTIFICATE

When a Member receives a final certificate or equivalent document from the relevant Building Control Body he shall copy it to the Company forthwith.

 

30. CLAIMS

When a Buyer or Employer makes a claim under the cover of a Scheme provided by the Company, as soon as reasonably practicable the Member if he receives it shall notify the Company and the Company if it receives it notify the Member and the Member shall promptly:

1. provide full co-operation to the Company in any investigations of the claim including attending at such places as may be required, providing any documents that may be necessary including plans pertaining to the Construction Works or its surroundings;
2. perform such investigations as the Company may require and reinstate any damage caused by such investigation;
3. meet any costs arising by reason of paragraphs (a) and (b) above.

 

31. DEFECTIVE WORK

Where the Company considers that a Member has not performed his obligations under a Scheme or the Rules then the Company may:-

1. prohibit continuation of Construction Works in relation to which the Member has so failed except for such work as may be specified by the Company;
2. serve the Member with notice in writing specifying work and timescale which the Company is of the opinion is required to remedy the position.

 

32. UNFULFILLED RESPONSIBILITIES

When a Developer is in breach of his obligations pursuant to a Scheme then the Builder of the New Structure to which those obligations relate must perform the obligations of the Developer insofar as those obligations relate to the design, construction or conversion of the New Structure for which the Builder is or was liable to the Developer.

 

33. FAILURE TO COMPLY WITH INSTRUCTIONS

If a Member does not carry out any instructions given to him by the Company as soon as practicable the Company may instruct another person, company or firm to carry them out at the expense of the defaulting Member.

 

34. DISPUTES AND ARBITRATION INVOLVING BUYER OR EMPLOYER

1. Where a dispute arises between the Member and the Buyer or Employer relating to a Construction Works within a Scheme the Company shall act as far as practicable to encourage agreement between the parties and the Member shall participate in such attempt. This service is offered free of charge.
2. Where the latter fails to resolve the dispute then, subject to the agreement of the Buyer or Employer the dispute shall be submitted to an arbitrator who shall be appointed by the Chartered Institute of Arbitrators.  The parties to the arbitration shall accept the arbitrator’s award as final and binding on each of them. There is a charge for this service.

 

35. APPEALS

1. Appeals to the Appeals Committee may be brought by a Member relating to any decision of the Company:
2. pursuant to Rule 8 (b) and (c);
3. to remove him from the Register in any of the circumstances listed in Rule 14.
4. The Appeals Committee may:
5. confirm, vary or revoke any decision made by the Company;
6. impose sanctions on any person subject to these Rules who contravenes any order or directions
7. made by it in relation to any Appeal.
8. provide for costs in such manner as it may see fit.
9. Orders and decisions made by the Appeals Committee shall be binding on the Appellant and on the Company and shall take effect upon their being announced or otherwise notified to the part or parties affected by them.

 

36. APPEALS REGULATIONS

All procedures and matters relating to Appeals and to challenges made under Rule 41 shall be governed by the Regulations.

 

37. PUBLICITY

The Company may publish any of its decisions (except those on which it is aware an Appeal is pending) and such orders and decisions of the Appeals Committee as it may see fit.

 

38. DENIAL OF LIABILITY

A Member shall not be entitled to avoid the Responsibilities on the basis that any successors in title to a Buyer or mortgagees in possession where not parties to a contract with him.

 

39. RECOVERY

Sums which a Member is liable to pay either to a Buyer or Employer or to the Company pursuant to a Scheme may be recovered from the Member on demand and shall carry interest at the rate of 4% per annum above the base rate of the National Westminster Bank PLC prevailing at that time.

 

40. COMPLAINTS

Where any complaint has been made to the Company about a Member the Company shall make proper enquiries of the complainant, and the Member and take such action and make such orders as it considers appropriate.

 

41. CHALLENGES

Any Member who is aggrieved by any action of the Company other than action to remove him from the Construction Register shall have the right to challenge it subject to the procedures laid down by the Appeals Committee.  The Company or the Appeals Committee, as the case may be, may in its discretion confirm, vary or revoke the action under challenge or any previous action touching the same matter.

 

42. RESOLUTION OF TECHNICAL DISPUTES

Any dispute between the Company and a Member relating to the technical standard and technical issues relating to on-site inspections shall be referred to the Technical Committee who may regulate their proceedings as they think fit and whose decisions shall be final and binding.

 

43. COMMUNICATION

1. Communications may be sent by the Company to a Member’s registered address.  Such communications despatched by first class post shall be deemed to have been communicated to the Member not later than 3 days following posting (except for Saturdays, Sundays and Bank Holidays).
2. Where any communication is sent to a Member by the Company he must despatch any replies to that communication to the address of the Company stated in the communication.
3. Correspondence from Members not covered by the terms of (b) above should be sent to the Company at Suite 5, The Exchange, Goban Street, Portadown, BT63 5AG (Fax No: +44 28 3833 7755)
4. Form 7 communicating a decision to remove a Member from the Register shall be despatched by recorded delivery.

 

44. DUTY TO NOTIFY THE COMPANY OF NEW CIRCUMSTANCES

A Member must notify the Company of:

1. any circumstances which could result in his being removed from the Register under Rule 15 or Rule 16;
2. any change of address;
3. the name and address of any Buyer of a New Structure from him promptly on the completion of the sale or lease to such Buyer;
4. his current financial circumstances by sending the annual report and accounts to the Company as soon as they become available.

 

45. ADVERTISING

No Member shall inform any third party of the rating category allotted to him by the Company where applicable nor may such rating category be used for or referred to in advertising.

Scheme Insurance Period Certificates are only available to current Members of the Register and Members are bound by any rules or byelaws of the Scheme provider as applicable.

 

46. DATA PROTECTION

Where the Company publishes the Register it will not publish any of the Members personal, company or firm data. For the purposes of Rule 11 publishing the Register shall mean publishing the Member name as it appears on the Register unless permission is otherwise granted by the Member.

 

47. JURISDICTION

Northern Ireland Law governs these rules and any dispute shall be resolved under the exclusive jurisdiction of the Northern Ireland Courts.