UKAS Agreement Comparison Table: Issue 2 (2016)vsIssue 1 (2000)

New
Issue 2
Feb 2016 / Previous
Issue 1
May 2000 / Comments
1 / - / NEW: Definitions & Interpretations
2.1 / 1.1 / Now includes reference to competent authority requirements
2.2 / Supplement / UKAS requirement to notify customers of changes, and timeframes for implementation.
2.3 / 1.2 / Now specifies that customer must provide objection to any team member within 10 business days of such a notification
2.4 / 1.3 & 1.4 / This section has been expanded to include reference to the symbols as well
2.5 / 1.7
2.6 / 1.5
2.7 / 1.6
2.8 / 1.6
2.9 / 9 / NEW: Clause inserted in the absence of previous section of force majeure, allowing UKAS right to suspend if circumstances prevent UKAS from assessing competence and compliance with accreditation requirements.
3.1 / - / NEW: Right of Customer to perform obligations under this Agreement; Signatory of Agreement has been authorised by Customer to do so.
3.2.1 / 2.3
3.2.2 / Supplement
3.2.3 / 2.1
3.2.4 / - / NEW: Clause inserted relating to provision of evidence about the customers impartiality and level of independence (ISO CD2 17011: 4.2(d))
3.2.5 / 2.2 / Strengthened to meet mandatory requirement in IAF/ILAC A5:11/2013 – Clause 8.1 (“accredited CABs to have enforceable arrangements with their clients …” over providing access to UKAS), (Also now in ISO CD2 17011: 4.2(f))
3.2.6 / 2.4
3.2.7 / 2.5
3.2.8 / - / NEW: Cannot use term “accreditation” in corporate/trading name or provide what it refers to as accreditation services where this falls under the definition in Regulation (EC) 765/08 (i.e. cannot provide accreditation against’ harmonised standards’ – this does not include proprietary schemes).
3.2.9 / 2.6
3.3 / 2.7 / Section has been expanded to include more detail but principles remain: Includes additional points that UKAS needs to be notified about – mainly relating to winding up.
3.4 / 2.10 / Has been expanded to cover all UKAS customer types
3.5 / - / NEW: Required under IAF-ILAC JGA 2007 Sydney Resolution 7 – See MD7: Annex 1.
3.6 / 2.11
3.7 / 2.8
3.8 / 2.12
4 / 3
4.1 / - / NEW: Allows for discussion with ‘professional advisers’
4.2 / 3.1
4.3 / 3.1(c)
4.4 / 3.1(b)
5.1 & 5.2 / (2.12) / NEW: Links Terms of Business into the Agreement
6 / 4.1 / Health & Safety: No change
7.1-7.4 / 5.1 / Liability – Changes made following discussions with Customer groups, legal advisors and UKAS Policy Advisory Council. Most significant change is that limit of UKAS liability is based on three times the average annual UKAS charge of customer (with minimum of £50k and maximum of £500K)
8 / 6.1 / Indemnity: No change
9.1 & 9.2 / NEW: Section on complaints
10 / 7.1 and 7.2 / Appeals: This was reworded following appeal in 2013 – Now links into UKAS function under EC 765/08.
11.1 / 8.1 / Expanded to differentiate between customers who are accredited and those who are not (i.e. applicants)
11.2 / - / NEW: Specifies circumstances where UKAS can withdraw accreditation and terminate Agreement with immediate effect, e.g. liquidation, fraudulent behaviour (IAF MD7: 4.1.1), non-payment of final demand notice, etc.
11.3 / 8.3
11.4 / 8.2 / Now relates to all CABs, not just CBs
No longer addresses protection of certified clients of terminated CBs: IAF MD 2:2007 will apply
11.5 / 8.4 / Unchanged
12.1 / - / NEW: Address where Notices should be sent
12.2 / - / NEW: Parties can change particulars by serving Notice.
12.3 / - / NEW: Circumstances of when Notices can be deemed to have been served
13 / - / NEW: Covers severability
14 / - / NEW: Subcontracting - EA-2/13 applies
15 / 10 / Assignment – No change
16 / 11 / Third parties
17 / 12 / Law and Jurisdiction

Previous clauses (2000) no longer included:

New
Issue 2
Feb 2016 / Previous
Issue 1
May 2000 / Comments
2.9 / ‘If Operating as an IB or Lab’: This clause has been removed although did include requirements to participate in PT and Measurement Audit. However requirement is still valid as covered in other UKAS documents such as TPS 47.
9 / Force Majeure – No dedicated clause on this now but aspects covered in clauses 2.9 and 11.2.4

Version 1.0 (Website)Page 1 of 2February 2016