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Third party booking agent resale policy

The Third Party Booking Agent Resale Policy (this ‘Policy’) is effective from 23 January 2023.

1.1. CITB provides the Health, Safety & Environment Test (the ‘Test’) to the construction industry. This Test is used by the majority of the competency and certification card schemes in the industry as part of the criteria they use when issuing their cards. Card schemes, such as “CSCS/CPCS/CISRS” and others (‘Card/s’), enable an individual who has passed the Test to demonstrate that they have met the applicable criteria for obtaining a Card. Individuals who hold a Card can submit this to their employer as evidence of their competency that they have passed the Test.

1.2. CITB is concerned that anyone who books and/or takes the Test (a ‘Candidate’) may be charged excessive prices for the Test and/or may receive poor customer service. Candidates can be misled into believing that they are dealing directly with CITB when, in fact, they have contacted a third party who is reselling the Test. This can cause CITB significant reputational damage and more importantly, can prejudice the Candidate and their experience.

1.3. The aim of this Policy is to ensure that third parties who are reselling the Test (‘Third Party Resellers’) give Candidates clear guidance so there is no misunderstanding as to what Candidates can expect when they book and/or take the Test.

2.1. A Third Party Reseller must not be an organisation and/or an individual who has previously been found to be connected or associated or implicated in any fraud, malpractice or maladministration including in connection with any CITB product or following any CITB investigation.

2.2. Third Party Resellers must ensure that the following conditions are met when selling the Test to Candidates:

  • 2.2.1. Representation on your website that you are not associated with CITB;
  • 2.2.2. Price of the Test (currently £22.50) to be clearly displayed and visible to the Candidate before purchasing the Test;
  • 2.2.3. Price of any additional services such as administration costs to be identified separately and visible to the Candidate before the Candidate enters any personal information and purchases the Test;
  • 2.2.4. Describe the Test as a CITB HS&E Test;
  • 2.2.5. Not using any wording that leads the Candidate to believe that there is any guarantee that the Candidate will pass the Test;
  • 2.2.6. Details of the CITB HS&E Test ID requirements [HS&E Test ID Policy] for anyone taking the Test must be clearly set out on your website;
  • 2.2.7. Provide CITB with all the personal details of the Candidate including their name, address, date of birth, national insurance number, contact number and email address. You must not provide CITB with any generic information or information relating to any other candidate or company;
  • 2.2.8. Not using material(s) belonging to CITB, including any CITB intellectual property, without the prior written consent of CITB;
  • 2.2.9. Ensuring any employee, personnel, representative, agent or anyone acting on your behalf do not represent themselves as the candidate taking the Test;
  • 2.2.10. Ensuring any employee, personnel, representative, agent or anyone acting on your behalf has not been involved or implicated in any suspected fraud, malpractice or maladministration including in connection with any CITB product; and
  • 2.2.11. Any other conduct which in CITB’s opinion is reasonably likely to mislead the Candidate.

2.3. Schedule 1 below lists some examples (non-exhaustive list) of the activities which would be unacceptable practice by the Third Party Reseller.

3.1. Where CITB believes that a purchaser of the Test is a Third Party Reseller and that evidence available to CITB indicates that they are in breach of the above conditions (see section 2 above), CITB will contact the Third Party Reseller:

  • 3.1.1. drawing their attention to the conditions and any available evidence;
  • 3.1.2. specifying what actions need to be taken to rectify the breach(es); and
  • 3.1.3. setting out the time period for rectification.
    If the specified actions are not completed within the stipulated timeframe, CITB will block the Third Party Reseller from purchasing the Test.

3.2. CITB also reserves the right for the Test results to be voided should the information provided by the Third Party Reseller not be to CITB’s satisfaction. The information required includes the Candidate’s:

  • 3.2.1. Full name (Forename and Surname)
  • 3.2.2. Date of birth
  • 3.2.3. National Insurance number
  • 3.2.4. Home address, including post code
  • 3.2.5. Personal email address
  • 3.2.6. Contact details i.e. phone number(s).

3.3. Nothing in this Policy, including the requirements on the Third Party Reseller to comply with the process set out in paragraph 3.1, shall prevent CITB from requiring a Third Party Reseller to immediately stop selling the Test and CITB reserves the right to commence legal action for any breach of its rights in this regard.

3.4. Should the Third Party Reseller wish to appeal against any decision made by CITB, it must email testingservicesfeedback@citb.co.uk with the wording “FAO Product Manager” in the subject title within 14 days of the date of notification of CITB’s decision to stop selling the Test and/or voiding Test results. The appeal must provide details of why the Third Party Reseller believes that its activities do not breach this Policy and, if so, how it has changed its conduct to comply with this Policy.

3.5. CITB will consider the Third Party Resellers appeal within 28 days of receipt of the appeal. CITB will then write to the Third Party Reseller informing it of CITB’s decision. CITB at its sole discretion retains the right to extend the time period for the appeal and any extension of time will be communicated to the Third Party Reseller.

It should be noted that this Schedule is a non-exhaustive list and is providing for information of the activities which would be considered unacceptable practice by the Third Party Reseller.

1. Misrepresenting the association with CITB

  • Referring to themselves as CITB.
  • Referring to themselves as the contracted supplier of the Test.
  • Using the first person “our” in connection with CITB products or services.
  • Referring to themselves as approved or official provider in connection with CITB products or services if they are not a CITB approved accredited centre/organisation.

2. Unclear pricing including the Test and additional services provided

  • Not stating the current price of the Test.
  • Not stating the price of the card requested.
  • Not stating the price of the additional services being provided by the Third Party Reseller separately such as administration costs.

3. Incorrect terminology used in relation to the Tests

  • Describing the Test as “CSCS test” or similar and not describing the test as the CITB HS&E Test.

4. Any breach of CITB intellectual property rights

  • Use of any CITB logo or trademark.
  • Unauthorised use of any CITB material.

5. Receipt of complaints by end consumers about the service provided by the Third Party Resellers

  • Unsatisfied customer complaints.
  • Lack of complaints process.
  • Failing to provide reasonable service.
  • Failing to provide justified refunds.

6. Providing false or misleading information to the Candidate

  • False pass rate the Candidates needs to be achieved to pass the Test.
  • Incorrect information about the testing process and structure.
  • Incorrect information about the ID requirements (as amended from time to time).

7. Misrepresenting themselves as the individual (in any circumstance)

  • Misleading CITB or its suppliers that they are dealing with the individual.
  • Providing generalised individual information to CITB/its supplier about the candidate.