Terms and Conditions for Diving System Inspector Accreditation

Updated 9 December 2022

1 Definitions

The following definitions are used in the Accreditation Scheme:

a) ‘Accredited Diving System Inspector Certificate’ (the ‘Certificate’) shall mean the certificate issued on successful completion of the examination.

b) ‘Accredited Diving System Inspector Scheme’ shall mean the initial application, examination, accreditation and ongoing revalidation as established by the International Marine Contractors Association (IMCA).

c) ‘Anniversary Date’ shall mean the date upon which an Accreditation Certificate shall expire unless revalidated. This shall be a period of 36 months less one day from the date of issue.

d) ‘Candidate’ shall mean a person applying for accreditation under the Accredited Diving System Inspector Scheme.

e) ‘Data Protection Legislation’ shall mean:

i. Any applicable law relating to the processing of personal data, as applicable to either Party or to the Services, including:

(1) The UK General Data Protection Regulation or the GDPR and the Data Protection Act 2018;

(2) Any laws which implement such laws;

(3) Any laws which replace, extend, re-enact, consolidate or amend any of the laws stated in (1) and above;

(4) All Guidance, Codes of Practice and Codes of Conduct issued by any relevant Data Protection Supervisory Authority relating to such Data Protection Laws (whether legally binding or not).

ii. ‘GDPR’ shall mean the UK General Data Protection Regulation.

iii. ‘Protected Data’ shall mean Personal Data received from or on behalf of the Candidate, or obtained in connection with the Accreditation Scheme.

iv. ‘Sub-Processor’ shall mean any agent, sub-contractor or any other third-party engaged by IMCA, which will be processing protected data.

f) ‘Accredited Diving System Inspector Scheme guidance document’ shall mean the current edition of the IMCA document entitled, “Accredited Diving System Inspector Certification Scheme – Minimum Requirements for Certification”, which shall be periodically updated by IMCA and published on the IMCA website.

g) ‘Evidence Portfolio’ shall mean required documentation submitted by the Candidate as proof of compliance with the criteria established under this Scheme

h) ‘Evidence Portfolio Review’ shall mean a review of the required documentation submitted in (g). This review shall be undertaken by the IMCA secretariat and the Accredited Diving System Inspector Scheme (ADSI) panel.

i) ‘Examination’ shall mean the multiple-choice examination(s) undertaken by the Candidate following successful review of the evidence portfolio submitted.

j) ‘Fee(s)’ shall mean the sums payable for services provided under the Accredited Diving System Inspector Scheme, as set out in Schedule 1 of these Terms & Conditions. Fees payable under this Scheme are non-refundable.

2 Fees Payable

1. Payment in full of the required Fee, as set out in Schedule 1, shall be made in order to initiate a review of a Candidates’ Evidence Portfolio by the IMCA Secretariat and ADSI panel against the established criteria.

2. As set out in the Schedule of Fees, two review cycles of the Evidence Portfolio shall be included as part of the initial payment, which will enable any issues raised by the IMCA Secretariat to be addressed and clarified by the Candidate.

3. Any further review cycles required as a result of insufficient evidence being submitted, or failure to address questions raised during the review process, shall incur an additional fee as set out in Schedule 1.

3 Non-Approval of Candidates

1. Should the review of the Evidence Portfolio result in a Candidate being considered as not having met the established criteria, that Candidate shall not be permitted to progress to the examination stage of the process. In such an event, IMCA shall provide the Candidate with the reasons for that decision in writing.

4 Scheduling of Examinations

1. Examinations shall be scheduled by IMCA and shall take place as soon as possible after approval of a Candidate’s Evidence Portfolio. However, following the approval of the Evidence Portfolio, candidates shall have up to two years from that date to sit the examination.

2. IMCA reserves the right to reschedule an examination up to four weeks prior to the original date given for the exam. IMCA shall not be liable for any costs incurred in such circumstances. Candidates are therefore advised not to finalise travel plans prior to this date.

5 Examination Process

1. The Examination(s) shall consist of a number of sections.  Candidates shall be required to pass each section in order to be deemed to have passed the examination. Candidates who fail any section of an examination shall be considered to have failed the examination regardless of the total mark obtained. Reference is made to the IMCA Accredited Diving System Inspector Scheme guidance document for further details about the examination(s).

2. A Candidate shall not be accredited until the relevant examination has been passed. The date of the examination(s) shall be the date used on the Accredited Diving System Inspector Certificate and for revalidation purposes.

3. Upon successful completion of the relevant examination, the Candidate shall be issued with an Accredited  Diving System Inspector Certificate by IMCA. Subject to the revalidation requirements, this Certificate shall be valid for a period of three years and shall expire on the Anniversary Date.

4. A Candidate who has been unsuccessful in the examination(s) shall be advised accordingly in writing and shall be provided with feedback on the failed modules. Such a Candidate shall also be advised of the re-sit rules. Reference is made to the IMCA Accredited Diving System Inspector Scheme guidance document for further details.

5. Candidates who have been unsuccessful on three consecutive occasions shall be excluded from the scheme for two years from the date of the last examination. At the end of the two-year period, those who wish to reapply shall be required to recommence the process as a new applicant i.e. they will be required to undertake the full IMCA Accredited Diving System Inspector training programme again. This will include completing and passing a fresh IMCA-approved Trainee Diving System Inspector (TDSI) preparatory training course and fulfilling all the scheme’s practical requirements, before applying again to sit the examination(s).

6. A fee shall be charged each time an examination is retaken, in accordance with the Schedule of Fees contained in Schedule 1.

6 Appeals

1. Candidates who have been unsuccessful and wish to appeal should do so in writing to IMCA within 30 days of the date of the letter advising them of the outcome. Any subsequent decision by IMCA on this issue shall be final.

7 Revalidation Process

1. In order to obtain revalidation of their accreditation, candidates shall be issued with an invoice on an annual basis for the revalidation fee set out in Schedule 1. Should payment not be received by the due date, the candidate’s accreditation shall be suspended until payment is received. Should payment not be received within 90 days of the due date, then accreditation shall be revoked.

2. Candidates wishing to obtain a revalidation of their Accredited Diving System Inspector Certificate shall submit the required Evidence Portfolio no later than six weeks prior to the expiry of their Certificate. Should the revalidation criteria not be met, then the candidate’s accreditation shall be revoked.

3. Should a Candidate’s accreditation be revoked, they shall not be permitted to reapply for accreditation for a 12 month period without the prior written consent of IMCA’s CEO. Whether to grant consent shall be at the sole discretion of IMCA’s CEO.

8 Appeals

1. Appeals against a decision to revoke an ADSI Certificate should be submitted to IMCA within 30 days of expiry of the Certificate. Any subsequent decision by IMCA on this issue shall be final.

9 Lapsed Accreditation Certificates

1. Should an ADSI Certificate be permitted to lapse, it shall not be revalidated in accordance with the process set out in the IMCA ADSI Revalidation Process.

2. A Candidate wishing to reinstate their accreditation having allowed their Certificate to lapse, shall be required to recommence the process as a new applicant.

10 Non-Compliance

1. Based on feedback to IMCA, IMCA reserves the right to audit the work of IMCA Accredited Diving System Inspectors. IMCA reserves the right to revoke any accreditation on the basis of the outcome of any such audit.

2. ADSI accredited in accordance with this Scheme shall comply with IMCA’s ‘Bye-Laws’ and its’ ‘Code of Conduct’ as published on the IMCA website. IMCA reserves the right to revoke any accreditation on the basis of non-compliance with this Code.

11 Liability

1. Any individual who is certified by IMCA is solely responsible for the safe, lawful and proper conduct of their operations.

2. Accreditation of any person by IMCA does not constitute a representation, warranty or guarantee by IMCA that the certified person will perform their operations consistently with IMCA’s bye-laws, codes of practice, guidelines, information notes and other materials.

3. Any liability which IMCA may have to any certified individual shall not exceed the total of the fees paid by, or on behalf of, them as set out in Schedule 1 below. If no fees have been paid by, or on behalf of, the certified individual IMCA’s liability shall not exceed GBP 10.

12 Law and Jurisdiction

1. These terms and conditions, and any non-contractual obligations arising from or in connection with them, shall in all respects be governed by and interpreted in accordance with English law.

2. The courts of England are to have exclusive jurisdiction over any dispute:

a. arising from or in connection with these terms and conditions; or

b. relating to any non-contractual obligations arising from or in connection with these terms and conditions or the accreditation of any diving system inspector.

13 Amendments to Terms and Conditions

1. IMCA reserves the right to amend these terms and conditions at its sole discretion.  Amended terms and conditions shall be published on IMCA’s website.

14 Schedule 1 – Schedule of Fees

Additional costs including but not limited to travel, accommodation and subsistence shall be at the candidate’s expense.