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Building Control Act 2007

2 versions · 2007-04-21

2022-08-29

IE-2007-act-21 — consolidated version 2022-08-29

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Changes on 2022-08-29

@@ -1,8 +1,6 @@

# Building Control Act 2007

## PART 1 Preliminary and General

##### 1. Short title, collective citation, construction and commencement.

##### 1.. **Short title, collective citation, construction and commencement.**

**1**.— (1) This Act may be cited as the Building Control Act 2007.

@@ -10,43 +8,43 @@

(3) This Act shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.

##### 2. Interpretation.

##### 2.. **Interpretation.**

**2**.— (1) In this Act—

“ Act of 1990 ” means the Building Control Act 1990;

“ adaptation period ” means an adaptation period of such duration as the Admissions Board determines in accordance with the Directive;

“ Admissions Board ” means an Admissions Board established under *section 13*, *28* or *42*, as the context requires;

“ Agreement establishing the World Trade Organisation” means the Agreement establishing the World Trade Organisation done at Marrakesh on 15 April 1994 as amended or supplemented by any protocol to that Agreement which is for the time being in force in the State;

“ Appeals Board ” means an Appeals Board established under *section 24*, *38* or *52*, as the context requires;

“Act of 1990” means the Building Control Act 1990;

“adaptation period” means an adaptation period of such duration as the Admissions Board determines in accordance with the Directive;

“Admissions Board” means an Admissions Board established under *section 13*, *28* or *42*, as the context requires;

“Agreement establishing the World Trade Organisation” means the Agreement establishing the World Trade Organisation done at Marrakesh on 15 April 1994 as amended or supplemented by any protocol to that Agreement which is for the time being in force in the State;

“Appeals Board” means an Appeals Board established under *section 24*, *38* or *52*, as the context requires;

“aptitude test” means an aptitude test of such character as the Admissions Board determines in accordance with the Directive;

“ Directive ” means Directive 2005/36/EC [^1] of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications as amended by Council Directive 2006/100/EC of 20 November 2006 adapting certain Directives in the field of freedom of movement of persons, by reason of the accession of Bulgaria and Romania;

“ EEA Agreement ” means the Agreement on the European Economic Area signed at Oporto on 2 May 1992, as amended for the time being;

“ EEA measure ” means a measure or decision taken by the Joint Committee under the EEA Agreement;

“ member of the World Trade Organisation ” means a party to the Agreement establishing the World Trade Organisation;

“ Member State ” means a Member State of the European Union and includes the following:

F1[“Directive”means Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005^1, as amended by Council Directive 2006/100/EC of 20 November 2006^2, Commission Regulation (EC) No. 1430/2007 of 5 December 2007^3, Commission Regulation (EC) No. 755/2008 of 31 July 2008^4, Regulation (EC) No. 1137/2008 of the European Parliament and of the Council of 22 October 2008^5, Commission Regulation (EC) No. 279/2009 of 6 April 2009^6, Commission Regulation (EU) No. 213/2011 of 3 March 2011^7, the Treaty concerning the accession of the Republic of Croatia to the European Union done at Brussels on the 9th day of December 2011^8, Commission Regulation (EU) No. 623/2012 of 11 July 2012^9and Council Directive 2013/25/EU of 13 May 2013^10;]

“EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2 May 1992, as amended for the time being;

“EEA measure” means a measure or decision taken by the Joint Committee under the EEA Agreement;

“member of the World Trade Organisation” means a party to the Agreement establishing the World Trade Organisation;

“Member State” means a Member State of the European Union and includes the following:

(*a*) on the State being required to implement an EEA measure having an effect corresponding to that of the Directive or any other Directive adopted by an institution of the European Union for the recognition of professional education and training, a Member State of the EEA;

(*b*) the Swiss Confederation;

“ Member State of the EEA ” means a state (other than a Member State of the European Union) that is a contracting party to the EEA Agreement;

“ Minister ” means the Minister for the Environment, Heritage and Local Government;

“ poor professional performance ”, in relation to a registered professional, means any failure of the registered professional to meet the standards of competence that may reasonably be expected of registered professionals practising the profession concerned;

“ practical experience assessment procedures ” means the procedures under, as the context requires—

“Member State of the EEA” means a state (other than a Member State of the European Union) that is a contracting party to the EEA Agreement;

“Minister” means the Minister for the Environment, Heritage and Local Government;

“poor professional performance”, in relation to a registered professional, means any failure of the registered professional to meet the standards of competence that may reasonably be expected of registered professionals practising the profession concerned;

“practical experience assessment procedures” means the procedures under, as the context requires—

(*a*) *sections 21(4)* and *(5)* and *22*,

@@ -54,29 +52,29 @@

(*c*) *section 50*;

“ prescribed ” means prescribed by regulations made by the Minister under this Act;

“ Professional Conduct Committee ” means a Professional Conduct Committee established under *section 23*, *37* or *51*, as the context requires;

“ professional misconduct ”, in relation to a registered professional, means any act, omission or pattern of conduct of the registered professional that—

“prescribed” means prescribed by regulations made by the Minister under this Act;

“Professional Conduct Committee” means a Professional Conduct Committee established under *section 23*, *37* or *51*, as the context requires;

“professional misconduct”, in relation to a registered professional, means any act, omission or pattern of conduct of the registered professional that—

(*a*) is in breach of the code prepared by the relevant registration body, or

(*b*) if the registered professional has been granted by a body established in a state, other than the State, a licence, certificate or registration relating to the practice of the profession concerned, is a breach of the standard of conduct or performance that applies to a person holding that licence, certificate or registration and that corresponds to a standard in the code referred to in *paragraph (a)*;

“ registered professional” means a person who is registered in the register under *Part 3*, *4* or *5*, as the context requires;

“registered professional” means a person who is registered in the register under *Part 3*, *4* or *5*, as the context requires;

“Registrar” means a person appointed under *section 19*, *33* or *47*, as the context requires;

“ registration body ” means, with respect to—

(*a*) *Part 3*, the Royal Institute of Architects of Ireland,

(*b*) *Parts 4* and *5*, the Society of Chartered Surveyors,

“registration body” means, with respect to—

(*a*) *Part 3*, the F2[Royal Institute of the Architects of Ireland],

(*b*) *Parts 4* and *5*, the F3[the Society of Chartered Surveyors Ireland],

(*c*) *Parts 6* and *7*, each of the bodies referred to in *paragraphs (a)* and *(b)*, with respect to such body performing its functions for the purpose of the relevant Parts;

“ relevant measure ” means—

“relevant measure” means—

(*a*) any EEA measure having an effect corresponding to that of the Directive or any other Directive adopted by an institution of the European Union for the recognition of professional education and training, and

@@ -96,11 +94,11 @@

## PART 2 Amendment of Building Control Act 1990

##### 3. Amendment of section 1 (interpretation) of Act of 1990.

##### 3.. **Amendment of section 1 (interpretation) of Act of 1990.**

**3**.— Section 1(3) of the Act of 1990 is amended by substituting “, paragraph or subparagraph” for “or paragraph” in both places where it occurs.

##### 4. Amendment of section 3 (building regulations) of Act of 1990.

##### 4.. **Amendment of section 3 (building regulations) of Act of 1990.**

**4**.— Section 3 of the Act of 1990 is amended in subsection (2)—

@@ -110,7 +108,7 @@

“(*ea*) making provision for building practices that would assist in preventing or detecting crime; and”.

##### 5. Amendment of section 6 (building control regulations) of Act of 1990.

##### 5.. **Amendment of section 6 (building control regulations) of Act of 1990.**

**5**.— Section 6 of the Act of 1990 is amended—

@@ -186,7 +184,7 @@

(*k*) in subsection (6), by inserting “, 7 day notice, revised fire safety certificate, regularisation certificate, disability access certificate, revised disability access certificate” after “fire safety certificate”.

##### 6. Amendment of section 7 (appeals) of Act of 1990.

##### 6.. **Amendment of section 7 (appeals) of Act of 1990.**

**6**.— Section 7 of the Act of 1990 is amended—

@@ -204,7 +202,7 @@

(*b*) in subsection (3), by deleting paragraph (*c*).

##### 7. Amendment of Act of 1990 — new sections 7A and 7B.

##### 7.. **Amendment of Act of 1990 — new sections 7A and 7B.**

**7**.— The Act of 1990 is amended by inserting the following after section 7:

@@ -236,7 +234,7 @@

(*b*) the Building Regulation (Amendment) Regulations 2005 (S.I. No. 873 of 2005) made in the purported exercise of the powers conferred by sections 3 and 18 shall be deemed to have been validly made and to have been in operation as and from the time that those Regulations provided that those Regulations were to come into operation.”.

##### 8. Amendment of section 8 (enforcement notice) of Act of 1990.

##### 8.. **Amendment of section 8 (enforcement notice) of Act of 1990.**

**8**.— Section 8(4) of the Act of 1990 is amended—

@@ -248,7 +246,7 @@

and, as regards the costs and expenses referred to in paragraph (*c*), in default of their payment, the authority may, subject to section 9 and without prejudice to subsection (8), recover the costs and expenses as a simple contract debt in any court of competent jurisdiction.”.

##### 9. Amendment of section 9 (application to District Court in relation to enforcement notice) of Act of 1990.

##### 9.. **Amendment of section 9 (application to District Court in relation to enforcement notice) of Act of 1990.**

**9**.— Section 9 of the Act of 1990 is amended by inserting the following after subsection (3):

@@ -258,7 +256,7 @@

(*b*) in so far as they have not been recouped pursuant to the provision (if any) of the enforcement notice referred to in section 8(4)(*c*), in relation to the investigation and detection of the matters to which the application relates, including costs incurred in respect of remuneration and expenses as aforesaid.”.

##### 10. Amendment of section 12 (order of High Court in relation to buildings and works) of Act of 1990.

##### 10.. **Amendment of section 12 (order of High Court in relation to buildings and works) of Act of 1990.**

**10**.— Section 12 of the Act of 1990 is amended—

@@ -304,7 +302,7 @@

(*e*) In this subsection ‘ market value ’ means, in relation to land, the price that would have been obtained in respect of the unencumbranced fee simple were the land to have been sold on the open market, in the year immediately preceding the bringing of the proceedings concerned, in such manner and subject to such conditions as might reasonably be calculated to have resulted in the vendor obtaining the best price for the land.”.

##### 11. Amendment of section 17 (penalties) of Act of 1990.

##### 11.. **Amendment of section 17 (penalties) of Act of 1990.**

**11**.— Section 17 of the Act of 1990 is amended—

@@ -318,7 +316,7 @@

(*c*) in subsection (5) by substituting “under this Act” for “to which subsection (1) applies”.

##### 12. Amendment of Act of 1990 — new sections 17A and 17B.

##### 12.. **Amendment of Act of 1990 — new sections 17A and 17B.**

**12**.— The Act of 1990 is amended by inserting the following after section 17:

@@ -336,9 +334,9 @@

## PART 3 Registration of Architects

##### 13. Registration body and Admissions Board (*Part 3*).

**13**.— (1) The Royal Institute of Architects of Ireland shall be the registration body for the purposes of this Part.

##### 13.. **Registration body and Admissions Board (Part 3).**

**13**.— (1) The F4[Royal Institute of the Architects of Ireland] shall be the registration body for the purposes of this Part.

(2) For the purposes of the Directive, the registration body is the competent authority in the State as respects architects.

@@ -350,9 +348,9 @@

(*b*) 4 persons nominated for such appointment by the Minister, being persons who are not architects.

(5) The chairperson of the Admissions Board shall be a solicitor, a barrister or a former judge of the Circuit Court, High Court or Supreme Court who shall be appointed as chairperson by the Minister.

##### 14. Registration of architects.

F5[(5) The chairperson of the Admissions Board shall be a solicitor, a barrister or a former judge of the Circuit Court, High Court, Court of Appeal or Supreme Court who shall be appointed as chairperson by the Minister.]

##### 14.. **Registration of architects.**

**14**.— (1) The registration body shall establish a register for architects (the “register”).

@@ -410,11 +408,11 @@

(5) No prescribing in respect of an educational body or in respect of any degree, diploma or other qualification that is awarded or conferred by it shall be done for the purposes of *subsection (2)(a)* unless the Minister is satisfied that the course provided by the body leading to the award or conferral of the degree, diploma or other qualification provides the requisite instruction in the various elements of the discipline of architecture in accordance with Article 46 of the Directive.

(6) For the purposes of the Minister satisfying himself or herself of the foregoing matter, the Minister shall consult with the National Qualifications Authority of Ireland or the Higher Education and Training Awards Council as appropriate.

(7) In *subsection (2)(d)* “relevant list” means the list of persons whom the Minister had proposed to certify under the terms of the amendment that the State had proposed should be made, in accordance with the procedures under the Treaty establishing the European Community, to Council Directive 85/384/EEC [^2] of 10 June 1985 on the mutual recognition of diplomas, certificates and other evidence of formal qualifications in architecture, including measures to facilitate the effective exercise of the right of establishment and freedom to provide services.

##### 15. Registration of nationals from certain other states — main categories of such nationals.

F6[(6) For the purposes of the Minister satisfying himself or herself of the matter referred to in subsection (5), the Minister shall consult with the Qualifications and Quality Assurance Authority of Ireland.]

(7) In *subsection (2)(d)* “relevant list” means the list of persons whom the Minister had proposed to certify under the terms of the amendment that the State had proposed should be made, in accordance with the procedures under the Treaty establishing the European Community, to Council Directive 85/384/EEC 2 of 10 June 1985 on the mutual recognition of diplomas, certificates and other evidence of formal qualifications in architecture, including measures to facilitate the effective exercise of the right of establishment and freedom to provide services.

##### 15.. **Registration of nationals from certain other states — main categories of such nationals.**

**15**.— (1) In addition to the persons so eligible otherwise under this Part, each of the following is eligible for registration in the register:

@@ -468,7 +466,7 @@

(*b*) The recognition mentioned in *subsection(6)* is the recognition required by Article 27 of Council Directive 2004/83/EC of 29 April 2004 of qualifications of a person who is a beneficiary of refugee or subsidiary protection status (within the meaning of that Directive).

##### 16. Further category of nationals from certain other states who are eligible for registration.

##### 16.. **Further category of nationals from certain other states who are eligible for registration.**

**16**.— (1) A person who wishes to be registered by virtue of satisfying conditions for recognition of his or her qualifications under Chapter I of Title III of the Directive may apply to the Admissions Board for a decision that he or she is eligible to be registered in pursuance of this section.

@@ -536,19 +534,27 @@

(*b*) If the Admissions Board makes such a decision, it shall direct the Registrar to erase the name of the person from the register; on erasing the name of the person from the register, the Registrar shall forthwith send by prepaid registered post to such person, at the person’s address as stated in the register, notice in writing of the erasure.

##### 17. Fees (*Part 3*).

##### 17.. **Fees (Part 3).**

**17**.— (1) A person applying for registration under this Part shall, at the time of applying, pay the specified fee to the registration body and, in addition, as a condition of continuing to be registered, pay a specified annual fee on a date as may be specified by the registration body.

(2) Where the Registrar has twice sent a notice by prepaid registered post to a registered professional’s address as given in the register, requesting payment of the annual fee the Registrar may, if the person has not paid the fee within 2 months after sending the second notice, remove the person’s name from the register and thereupon shall send a notice by prepaid registered post informing the person that he or she is no longer registered.

F7[(2) Where the Registrar has sent a notice by prepaid registered post to a registered professional’s address as given in the register and has sent a further notice to the person in such manner, including by electronic means, as the Registrar considers appropriate, requesting payment of the annual fee the Registrar may, if the person has not paid the fee within 2 months after sending the second notice, remove the person’s name from the register and thereupon shall send a notice by prepaid registered post informing the person that he or she is no longer registered.]

(3) Notwithstanding *subsection (2)*, the Registrar may, in cases of verified hardship, waive the requirement to pay a fee under this section, direct that a fee of an amount lesser than the specified amount may be paid for the purposes of this section or remit a fee paid under this section, in whole or in part.

(4) Where a person’s name has been removed from the register for non-payment of fees and the person pays the outstanding fees together with any other specified fees, the Registrar shall re-enter the person’s name in the register and it shall be treated as having been re-entered on the date it was removed.

##### 18. Prohibition against using term “architect” unless registered.

**18**.— (1) Subject to s*ubsections (3)* and *(4)*, a person who—

##### 17A.. **F8[Continuing professional development (Part 3)**

**17A**. (1) The registration body shall maintain a system of continuing professional development of architects (in this section referred to as a "system of continuing professional development").

(2) A person registered under this Part shall, as a condition of continuing to be registered, comply with the requirements of the system of continuing professional development and shall provide evidence that he or she has so complied in such manner and at such time as may be specified by the registration body.

(3) The name of a person who fails to comply with*subsection (2)*shall be removed from the register.]

##### 18.. **Prohibition against using term “architect” unless registered.**

**18**.— (1) Subject to *subsections (3)* and *(4)*, a person who—

(*a*) not being registered under this Part, uses the title “architect”, either alone or in combination with any other words or letters, or name, title or description, implying that the person is so registered,

@@ -596,9 +602,9 @@

(7) For the purposes of this section, a person is not to be regarded as not practising by reason only of that person being in the employment of another person.

(8) In this section, “ business ” includes any undertaking which is carried on for fee or reward or in the course of which services are provided otherwise than free of charge.

##### 19. Registrar (*Part 3*).

(8) In this section, “business” includes any undertaking which is carried on for fee or reward or in the course of which services are provided otherwise than free of charge.

##### 19.. **Registrar (Part 3).**

**19**.— (1) The registration body shall appoint a Registrar to be responsible for keeping the register under this Part.

@@ -616,7 +622,7 @@

(8) A registered professional shall notify the Registrar of any change in the name under which or the address at which he or she carries on business.

##### 20. Removal from register (*Part 3*).

##### 20.. **Removal from register (Part 3).**

**20**.— (1) Subject to *subsection (3)*, a registered professional may apply to the Registrar to have his or her name removed from the register and, on receipt of the application and on payment of the specified fee, the Registrar shall remove it.

@@ -628,7 +634,7 @@

(5) Where the Professional Conduct Committee decides to refuse to so restore a person’s name or decides to attach conditions to such restoration, the Registrar shall forthwith send a notice to the person by prepaid registered post to the last address given in the register informing the person of the decision, the date on which it was made and the reasons for it.

##### 21. Technical Assessment Board (*Part 3*).

##### 21.. **Technical Assessment Board (Part 3).**

**21**.— (1) The registration body shall establish a Technical Assessment Board to consider applications for registration in the register from persons who do not fall within any of *paragraphs (a)* to *(g)* and *(i)* of *section 14(2)*.

@@ -638,7 +644,7 @@

(*b*) 4 persons nominated for such appointment by the Minister, being persons who are not architects.

(3) The chairperson of the Technical Assessment Board shall be a solicitor, a barrister or a former judge of the Circuit Court, High Court or Supreme Court who shall be appointed as chairperson by the Minister.

F9[(3) The chairperson of the Technical Assessment Board shall be a solicitor, a barrister or a former judge of the Circuit Court, High Court, Court of Appeal or Supreme Court who shall be appointed as chairperson by the Minister.]

(4) The Technical Assessment Board shall establish a panel of architects being architects who the Board considers possess the requisite expertise for the purpose of performing the functions assigned to members of the panel under *subsection (5)*.

@@ -650,7 +656,7 @@

(*c*) give to the Board their opinion as to whether the applicant is eligible for registration pursuant to that section.

##### 22. Technical Assessment Board procedure (*Part*).

##### 22.. **Technical Assessment Board procedure (Part 3).**

**22**.— (1) The following person may apply to the Technical Assessment Board for a decision that he or she is eligible to be registered in the register pursuant to this section, namely, a person who has been performing duties commensurate with those of an architect for a period of 10 or more years in the State (but no period of such performance that occurs on or after the commencement of this section shall be reckoned for the purposes of this subsection).

@@ -690,7 +696,7 @@

(*b*) that the applicant is not eligible for registration in the register pursuant to this section, the chairperson shall immediately send a notice in writing to the applicant, by prepaid registered post to the address of the applicant as furnished in his or her application, advising the applicant of the decision, the date on which it was made and the reasons for it.

##### 23. Professional Conduct Committee (*Part 3*).

##### 23.. **Professional Conduct Committee (Part 3).**

**23**.— (1) The registration body shall establish a Professional Conduct Committee (the “Committee”).

@@ -704,9 +710,9 @@

(ii) one of whom is nominated for such appointment by the Minister, with the consent of the Minister for Enterprise, Trade and Employment.

(3) The chairperson of the Committee shall be a solicitor, a barrister or a former judge of the Circuit Court, High Court or Supreme Court who shall be appointed as chairperson by the Minister with the consent of the Minister for Enterprise, Trade and Employment.

##### 24. Appeals Board (*Part 3*).

F10[(3) The chairperson of the Committee shall be a solicitor, a barrister or a former judge of the Circuit Court, High Court, Court of Appeal or Supreme Court who shall be appointed as chairperson by the Minister with the consent of the Minister for Jobs, Enterprise and Innovation.]

##### 24.. **Appeals Board (Part 3).**

**24**.— (1) The registration body shall establish an Appeals Board.

@@ -722,9 +728,9 @@

none of whom shall be a member of any other Board or Committee established under this Part.

(3) The chairperson of the Appeals Board shall be a solicitor, a barrister or a former judge of the Circuit Court, High Court or Supreme Court who shall be appointed as chairperson by the Minister.

##### 25. Appeals procedure (*Part 3*).

F11[(3) The chairperson of the Appeals Board shall be a solicitor, a barrister or a former judge of the Circuit Court, High Court, Court of Appeal or Supreme Court who shall be appointed as chairperson by the Minister.]

##### 25.. **Appeals procedure (Part 3).**

**25**.— (1) A person adversely affected by a decision of the Admissions Board, the Technical Assessment Board or the Professional Conduct Committee may appeal to the Appeals Board against the decision.

@@ -780,7 +786,7 @@

(*c*) where the appellant was the person who had lodged the complaint with the Professional Conduct Committee under *Part 6*, the registered architect in respect of whom the complaint was made, stating the decision taken on the appeal, the date on which it was made and the reasons for it.

##### 26. Appeal to High Court from decision of Appeals Board (*Part 3*).

##### 26.. **Appeal to High Court from decision of Appeals Board (Part 3).**

**26**.— (1) A person adversely affected by a decision of the Appeals Board may, within 3 months after the date of such decision, appeal to the High Court against the decision.

@@ -796,7 +802,7 @@

(3) On the hearing of an appeal under this section from a decision of the Appeals Board relating to a decision of the Professional Conduct Committee, the High Court may admit evidence of any person of standing in the architectural profession as to what constitutes professional misconduct or poor professional performance.

##### 27. Certain other jurisdiction of Appeals Board (*Part 3*).

##### 27.. **Certain other jurisdiction of Appeals Board (Part 3).**

**27**.— (1) If the Admissions Board fails to make a decision—

@@ -818,9 +824,9 @@

## PART 4 Registration of Quantity Surveyors

##### 28. Registration body and Admissions Board (*Part 4*).

**28**.— (1) The Society of Chartered Surveyors shall be the registration body for the purposes of this Part.

##### 28.. **Registration body and Admissions Board (Part 4).**

**28**.— (1) F12[The Society of Chartered Surveyors Ireland] shall be the registration body for the purposes of this Part.

(2) For the purposes of the Directive, the registration body is the competent authority in the State as respects quantity surveyors.

@@ -832,9 +838,9 @@

(*b*) 4 persons nominated for such appointment by the Minister, being persons who are not quantity surveyors.

##### 29. Registration of quantity surveyors.

F13[(5) The chairperson of the Admissions Board shall be a solicitor, a barrister or a former judge of the Circuit Court, High Court, Court of Appeal or Supreme Court who shall be appointed as chairperson by the Minister.]

##### 29.. **Registration of quantity surveyors.**

**29**.— (1) The registration body shall establish a register for quantity surveyors (the “register”).

@@ -858,7 +864,7 @@

and who, in each case, has at least 2 years appropriate experience of performing duties commensurate with those of a quantity surveyor;

(*b*) a fellow or associate of the Society of Chartered Surveyors, Quantity Surveying Division;

F14[(*b*) a fellow or professional member of the Society of Chartered Surveyors Ireland, Quantity Surveying Division;]

(*c*) a fellow or member of the Chartered Institute of Building, who has at least 3 years practical experience of performing duties commensurate with those of a quantity surveyor;

@@ -870,7 +876,7 @@

(*g*) a person who on or after 1 January 2001 and prior to 2005 attained a degree of Bachelor of Science in Quantity Surveying or in 2005 or any subsequent year an Honours degree of Bachelor of Science in Construction Economics (Quantity Surveying) and is enrolled as a fellow or member of the Chartered Institute of Building, the Architecture and Surveying Institute, the Association of Building Engineers or the Institution of Civil Engineering Surveyors and who, in each case, has at least 3 years practical experience of performing duties commensurate with those of a quantity surveyor;

(*h*) a person eligible for such registration by virtue of *section**30* (which relates to holders of qualifications from other states);

(*h*) a person eligible for such registration by virtue of *section* *30* (which relates to holders of qualifications from other states);

(*i*) a national or resident of a state who, by virtue of the following agreement, is entitled to have his or her qualifications in the field of quantity surveying recognised in the State, namely, an agreement that—

@@ -892,9 +898,9 @@

(4) No prescribing in respect of an educational body or in respect of any degree, diploma or other qualification that is awarded or conferred by it shall be done for the purposes of *subsection (2)(a)* unless the Minister is satisfied that the course provided by the body leading to the award or conferral of the degree, diploma or other qualification provides the requisite instruction in the various elements of the discipline of quantity surveying.

(5) For the purposes of the Minister satisfying himself or herself of the foregoing matter, the Minister shall consult with the National Qualifications Authority of Ireland or the Higher Education and Training Awards Council as appropriate.

##### 30. Nationals from other states eligible for registration (*Part 4*).

F15[(5) For the purposes of the Minister satisfying himself or herself of the matter referred to in*subsection (4)*, the Minister shall consult with the Qualifications and Quality Assurance Authority of Ireland.]

##### 30.. **Nationals from other states eligible for registration (Part 4).**

**30**.— (1) A person who wishes to be registered by virtue of satisfying conditions for recognition of his or her qualifications under Chapter I of Title III of the Directive may apply to the Admissions Board for a decision that he or she is eligible to be registered in pursuance of this section.

@@ -982,17 +988,25 @@

(*b*) The recognition mentioned in *subsection (15)* is the recognition required by Article 27 of Council Directive 2004/83/EC of 29 April 2004 of qualifications of a person who is a beneficiary of refugee or subsidiary protection status (within the meaning of that Directive).

##### 31. Fees (*Part 4*).

##### 31.. **Fees (Part 4).**

**31**.— (1) A person applying for registration under this Part shall, at the time of applying, pay the specified fee to the registration body and, in addition, as a condition of continuing to be registered, pay a specified annual fee on a date as may be specified by the registration body.

F16[(2) Where the Registrar has sent a notice by prepaid registered post to a registered professional’s address as given in the register and has sent a further notice to the person in such manner, including by electronic means, as the Registrar considers appropriate, requesting payment of the annual fee the Registrar may, if the person has not paid the fee within 2 months after sending the second notice, remove the person’s name from the register and thereupon shall send a notice by prepaid registered post informing the person that he or she is no longer registered.]

##### 32. Prohibition against using term “quantity surveyor” unless registered.

##### 31A.. **F17[Continuing professional development (Part 4)**

**31A**. (1) The registration body shall maintain a system of continuing professional development of quantity surveyors (in this section referred to as a "system of continuing professional development").

(3) The name of a person who fails to comply with*subsection (2)*shall be removed from the register.]

##### 32.. **Prohibition against using term “quantity surveyor” unless registered.**

**32**.— (1) A person who—

@@ -1026,9 +1040,9 @@

(6) For the purposes of this section, a person is not to be regarded as not practising by reason only of that person being in the employment of another person.

(7) In this section, “business ” includes any undertaking which is carried on for fee or reward or in the course of which services are provided otherwise than free of charge.

##### 33. Registrar (*Part 4*).

(7) In this section, “business” includes any undertaking which is carried on for fee or reward or in the course of which services are provided otherwise than free of charge.

##### 33.. **Registrar (Part 4).**

**33**.— (1) The registration body shall appoint a Registrar to be responsible for keeping the register under this Part.

@@ -1046,7 +1060,7 @@

(8) A registered professional shall notify the Registrar of any change in the name under which or the address at which he or she carries on business.

##### 34. Removal from register (*Part 4*).

##### 34.. **Removal from register (Part 4).**

**34**.— (1) Subject to *subsection (3)*, a registered professional may apply to the Registrar to have his or her name removed from the register and, on receipt of the application and on payment of the specified fee, the Registrar shall remove it.

@@ -1058,7 +1072,7 @@

##### 35. Technical Assessment Board (*Part 4*).

##### 35.. **Technical Assessment Board (Part 4).**

**35**.— (1) The registration body shall establish a Technical Assessment Board to consider applications for registration in the register from persons who do not fall within any of *paragraphs (a)* to *(k)* of *section 29(2)*.

@@ -1068,9 +1082,9 @@

(*b*) 4 persons nominated for such appointment by the Minister, being persons who are not quantity surveyors.

##### 36. Technical Assessment Board procedure (*Part 4*).

F18[(3) The chairperson of the Technical Assessment Board shall be a solicitor, a barrister or a former judge of the Circuit Court, High Court, Court of Appeal or Supreme Court who shall be appointed as chairperson by the Minister.]

##### 36.. **Technical Assessment Board procedure (Part 4).**

**36**.— (1) Each of the following may apply to the Technical Assessment Board for a decision that he or she is eligible to be registered in the register pursuant to this section:

@@ -1102,7 +1116,7 @@

##### 37. Professional Conduct Committee (*Part 4*).

##### 37.. **Professional Conduct Committee (Part 4).**

**37**.— (1) The registration body shall establish a Professional Conduct Committee (the “Committee”).

@@ -1116,9 +1130,9 @@

(ii) one of whom is nominated for such appointment by the Minister, with the consent of the Minister for Enterprise, Trade and Employment.

##### 38. Appeals Board (*Part 4*).

F19[(3) The chairperson of the Committee shall be a solicitor, a barrister or a former judge of the Circuit Court, High Court, the Court of Appeal or Supreme Court who shall be appointed as chairperson by the Minister with the consent of the Minister for Jobs, Enterprise and Innovation.]

##### 38.. **Appeals Board (Part 4).**

**38**.— (1) The registration body shall establish an Appeals Board.

@@ -1134,9 +1148,9 @@

none of whom shall be a member of any other Board or Committee established under this Part.

(3) The chairperson of the Appeals Board shall be a solicitor, a barrister or a former judge of the Circuit Court, High Court or Supreme Court who shall be appointed as chairperson by the Minister.

##### 39. Appeals procedure (*Part 4*).

F20[(3) The chairperson of the Appeals Board shall be a solicitor, a barrister or a former judge of the Circuit Court, High Court, Court of Appeal or Supreme Court who shall be appointed as chairperson by the Minister.]

##### 39.. **Appeals procedure (Part 4).**

**39**.— (1) A person adversely affected by a decision of the Admissions Board, the Technical Assessment Board or the Professional Conduct Committee may appeal to the Appeals Board against the decision.

@@ -1192,7 +1206,7 @@

(*c*) where the appellant was the person who had lodged the complaint with the Professional Conduct Committee under *Part 6*, the registered quantity surveyor in respect of whom the complaint was made, stating the decision taken on the appeal, the date on which it was made and the reasons for it.

##### 40. Appeal to High Court from decision of Appeals Board (*Part 4*).

##### 40.. **Appeal to High Court from decision of Appeals Board (Part 4).**

**40**.— (1) A person adversely affected by a decision of the Appeals Board may, within 3 months after the date of such decision, appeal to the High Court against the decision.

@@ -1208,7 +1222,7 @@

(3) On the hearing of an appeal under this section from a decision of the Appeals Board relating to a decision of the Professional Conduct Committee, the High Court may admit evidence of any person of standing in the quantity surveying profession as to what constitutes professional misconduct or poor professional performance.

##### 41. Certain other jurisdiction of Appeals Board (*Part 4*).

##### 41.. **Certain other jurisdiction of Appeals Board ( Part 4 ).**

**41**.— (1) If the Admissions Board fails to make a decision referred to in *subsection (12)* of *section 30* within—

@@ -1226,9 +1240,9 @@

## PART 5 Registration of Building Surveyors

##### 42. Registration body and Admissions Board (*Part 5*).

**42**.— (1) The Society of Chartered Surveyors shall be the registration body for the purposes of this Part.

##### 42.. **Registration body and Admissions Board (Part 5).**

**42**.— (1) F21[The Society of Chartered Surveyors Ireland] shall be the registration body for the purposes of this Part.

(2) For the purposes of the Directive, the registration body is the competent authority in the State as respects building surveyors.

@@ -1240,9 +1254,9 @@

(*b*) 4 persons nominated for such appointment by the Minister, being persons who are not building surveyors.

##### 43. Registration of building surveyors.

F22[(5) The chairperson of the Admissions Board shall be a solicitor, a barrister or a former judge of the Circuit Court, High Court, Court of Appeal or Supreme Court who shall be appointed as chairperson by the Minister.]

##### 43.. **Registration of building surveyors.**

**43**.— (1) The registration body shall establish a register for building surveyors (the “register”).

@@ -1256,7 +1270,7 @@

who has received from it in any year prior to 2005 a degree of Bachelor of Science in Building Surveying or in 2005 or any subsequent year an Honours degree of Bachelor of Science in Building Surveying or such other degree, diploma or qualification as may be prescribed and who, in each case, has at least 2 years appropriate experience of performing duties commensurate with those of a building surveryor;

(*b*) a fellow or associate of the Society of Chartered Surveyors, Building Surveying Division, who has at least 2 years practical experience of performing duties commensurate with those of a building surveyor;

(*b*) F23[a fellow or professional member of the Society of Chartered Surveyors Ireland], Building Surveying Division, who has at least 2 years practical experience of performing duties commensurate with those of a building surveyor;

(*c*) a fellow or member of the Chartered Institute of Building, Building Surveying Section, who has at least 2 years practical experience of performing duties commensurate with those of a building surveyor;

@@ -1264,7 +1278,7 @@

(*e*) a fellow or member of the Association of Building Engineers, Building Surveying Section, who has at least 2 years practical experience of performing duties commensurate with those of a building surveyor;

(*f*) a person who on or after 1 January 2001 and prior to 2005 attained a degree of Bachelor of Science in Building Surveying or in 2005 or any subsequent year an Honours degree of Bachelor of Science in Building Surveying and is enrolled as a fellow or associate of the Society of Chartered Surveyors, or as a fellow or member of the Chartered Institute of Building, the Architecture and Surveying Institute or the Association of Building Engineers;

(*f*) a person who on or after 1 January 2001 and prior to 2005 attained a degree of Bachelor of Science in Building Surveying or in 2005 or any subsequent year an Honours degree of Bachelor of Science in Building Surveying and is enrolled as F23[a fellow or professional member of the Society of Chartered Surveyors Ireland], or as a fellow or member of the Chartered Institute of Building, the Architecture and Surveying Institute or the Association of Building Engineers;

(*g*) a person eligible for such registration by virtue of *section 44* (which relates to holders of qualifications from other states);

@@ -1288,9 +1302,9 @@

##### 44. Nationals from other states eligible for registration (*Part 5*).

F24[(5) For the purposes of the Minister satisfying himself or herself of the matter referred to in*subsection (4)*, the Minister shall consult with the Qualifications and Quality Assurance Authority of Ireland.]

##### 44.. **Nationals from other states eligible for registration (Part 5).**

**44**.— (1) A person who wishes to be registered by virtue of satisfying conditions for recognition of his or her qualifications under Chapter I of Title III of the Directive may apply to the Admissions Board for a decision that he or she is eligible to be registered in pursuance of this section.

@@ -1378,17 +1392,25 @@

##### 45. Fees (*Part 5*).

##### 45.. **Fees (Part 5).**

**45**.— (1) A person applying for registration under this Part shall, at the time of applying, pay the specified fee to the registration body and, in addition, as a condition of continuing to be registered, pay a specified annual fee on a date as may be specified by the registration body.

F25[(2) Where the Registrar has sent a notice by prepaid registered post to a registered professional’s address as given in the register and has sent a further notice to the person in such manner, including by electronic means, as the Registrar considers appropriate, requesting payment of the annual fee the Registrar may, if the person has not paid the fee within 2 months after sending the second notice, remove the person’s name from the register and thereupon shall send a notice by prepaid registered post informing the person that he or she is no longer registered.]

##### 46. Prohibition against using term “building surveyor” unless registered.

##### 45A.. **F26[Continuing professional development (Part 5)**

**45A**. (1) The registration body shall maintain a system of continuing professional development of building surveyors (in this section referred to as a "system of continuing professional development").

(3) The name of a person who fails to comply with*subsection (2)*shall be removed from the register.]

##### 46.. **Prohibition against using term “building surveyor” unless registered.**

**46**.— (1) A person who—

@@ -1424,7 +1446,7 @@

(7) In this section, “business” includes any undertaking which is carried on for fee or reward or in the course of which services are provided otherwise than free of charge.

##### 47. Registrar (*Part 5*).

##### 47.. **Registrar (Part 5).**

**47**.— (1) The registration body shall appoint a Registrar to be responsible for keeping the register under this Part.

@@ -1442,7 +1464,7 @@

(8) A registered professional shall notify the Registrar of any change in the name under which or the address at which he or she carries on business.

##### 48. Removal from register (*Part 5*).

##### 48.. **Removal from register (Part 5).**

**48**.— (1) Subject to *subsection (3)*, a registered professional may apply to the Registrar to have his or her name removed from the register and, on receipt of the application and on payment of the specified fee, the Registrar shall remove it.

@@ -1454,7 +1476,7 @@

##### 49. Technical Assessment Board (*Part 5*).

##### 49.. **Technical Assessment Board (Part 5).**

**49**.— (1) The registration body shall establish a Technical Assessment Board to consider applications for registration in the register from persons who do not fall within any of *paragraphs (a)* to *(j)* of *section 43(2)*.

@@ -1464,9 +1486,9 @@

(*b*) 4 persons nominated for such appointment by the Minister, being persons who are not building surveyors.

##### 50. Technical Assessment Board procedure (*Part 5*).

F27[(3) The chairperson of the Technical Assessment Board shall be a solicitor, a barrister or a former judge of the Circuit Court, High Court, Court of Appeal or Supreme Court who shall be appointed as chairperson by the Minister.]

##### 50.. **Technical Assessment Board procedure (Part 5).**

**50**.— (1) Each of the following may apply to the Technical Assessment Board for a decision that he or she is eligible to be registered in the register pursuant to this section:

@@ -1498,7 +1520,7 @@

##### 51. Professional Conduct Committee (*Part 5*).

##### 51.. **Professional Conduct Committee (Part 5).**

**51**.— (1) The registration body shall establish a Professional Conduct Committee (the “Committee”).

@@ -1512,9 +1534,9 @@

(ii) one of whom is nominated for such appointment by the Minister, with the consent of the Minister for Enterprise, Trade and Employment.

##### 52. Appeals Board (*Part 5*).

F28[(3) The chairperson of the Committee shall be a solicitor, a barrister or a former judge of the Circuit Court, High Court, Court of Appeal or Supreme Court who shall be appointed as chairperson by the Minister with the consent of the Minister for Jobs, Enterprise and Innovation.]

##### 52.. **Appeals Board (Part 5).**

**52**.— (1) The registration body shall establish an Appeals Board.

@@ -1530,9 +1552,9 @@

none of whom shall be a member of any other Board or Committee established under this Part.

(3) The chairperson of the Appeals Board shall be a solicitor, a barrister or a former judge of the Circuit Court, High Court or Supreme Court who shall be appointed as chairperson by the Minister.

##### 53. Appeals procedure (*Part 5*).

F29[(3) The chairperson of the Appeals Board shall be a solicitor, a barrister or a former judge of the Circuit Court, High Court, Court of Appeal or Supreme Court who shall be appointed as chairperson by the Minister.]

##### 53.. **Appeals procedure (Part 5).**

**53**.— (1) A person adversely affected by a decision of the Admissions Board, the Technical Assessment Board or the Professional Conduct Committee may appeal to the Appeals Board against the decision.

@@ -1588,7 +1610,7 @@

(*c*) where the appellant was the person who had lodged the complaint with the Professional Conduct Committee under *Part 6*, the registered building surveyor in respect of whom the complaint was made, stating the decision taken on the appeal, the date on which it was made and the reasons for it.

##### 54. Appeal to High Court from decision of Appeals Board (*Part 5*).

##### 54.. **Appeal to High Court from decision of Appeals Board (Part 5).**

**54**.— (1) A person adversely affected by a decision of the Appeals Board may, within 3 months after the date of such decision, appeal to the High Court against the decision.

@@ -1604,7 +1626,7 @@

(3) On the hearing of an appeal under this section from a decision of the Appeals Board relating to a decision of the Professional Conduct Committee, the High Court may admit evidence of any person of standing in the building surveying profession as to what constitutes professional misconduct or poor professional performance.

##### 55. Certain other jurisdiction of Appeals Board (*Part 5*).

##### 55.. **Certain other jurisdiction of Appeals Board (Part 5).**

**55**.— (1) If the Admissions Board fails to make a decision referred to in *subsection (12)* of *section 44* within—

@@ -1622,7 +1644,7 @@

## PART 6 Fitness to Practise

##### 56. Establishment of Professional Conduct Standards.

##### 56.. **Establishment of Professional Conduct Standards.**

**56**.— (1) The registration body shall prepare a code (in this Part referred to as the “code”) specifying the standards of professional conduct and practice that shall be adhered to by registered professionals.

@@ -1638,17 +1660,19 @@

(5) The registration body shall provide a copy of the code it has prepared to anyone who requests it, on payment of a reasonable charge, or without charge where it considers it appropriate.

##### 57. Complaints to Professional Conduct Committee.

##### 57.. **Complaints to Professional Conduct Committee.**

**57**.— (1) Any person may complain to the Professional Conduct Committee (the “Committee”) concerning an action of a registered professional which is alleged to amount to professional misconduct or poor professional performance.

(2) Where the Committee is of the opinion that a *prima facie* case has not been established for an inquiry under *subsection (5)* with respect to the complaint, it shall so inform the complainant in writing and shall not proceed further.

F30[(2A) The opinion of the Committee referred to in*subsection (2)*shall be final and shall not be a decision of the Committee for the purposes of*section 25(1)*,*39(1)*or*53(1)*.]

(3) The Committee may, where it considers it appropriate to do so, request the complainant and the registered professional who is the subject of the complaint to seek resolution of the complaint by mediation before a person or persons appointed under rules made by the relevant registration body and if the complainant and the registered professional consent to such mediation being conducted, such mediation shall be conducted accordingly.

(4) If the mediation does not result in the resolution of the complaint, the Committee shall proceed to consider the complaint.

(5) The Committee may decide to hold an inquiry with respect to a complaint and where it does so the chairperson of the Committee shall notify the other members of the Committee and the complainant and the registered professional of the date, time and place for the hearing, and the notice under this subsection to the registered professional shall be sent by prepaid registered post to the address given in the register, shall contain details of the nature of the alleged complaint against the registered professional and shall inform the registered professional of his or her right to appear before the Committee and to be represented at the hearing by a person of his or her choice.

(5) F31[Subject to*subsection (2A)*, the] Committee may decide to hold an inquiry with respect to a complaint and where it does so the chairperson of the Committee shall notify the other members of the Committee and the complainant and the registered professional of the date, time and place for the hearing, and the notice under this subsection to the registered professional shall be sent by prepaid registered post to the address given in the register, shall contain details of the nature of the alleged complaint against the registered professional and shall inform the registered professional of his or her right to appear before the Committee and to be represented at the hearing by a person of his or her choice.

(6) For an inquiry under this section, the Committee has the powers, rights and privileges vested in the High Court or a judge thereof in hearing an action, for the purpose of—

@@ -1678,7 +1702,7 @@

(12) Where the Committee has not found the registered professional guilty of professional misconduct or poor professional performance it shall so notify the complainant and inform the complainant of his or her right of appeal to the Appeals Board against its finding.

##### 58. Decision of the Professional Conduct Committee.

##### 58.. **Decision of the Professional Conduct Committee.**

**58**.— (1) Where the Professional Conduct Committee (the “Committee”) finds there has been no professional misconduct or poor professional performance on the part of the registered professional, it shall take no further action in the matter and shall so inform the registered professional.

@@ -1718,13 +1742,13 @@

(10) Where the registration of a person in a register has ceased to have effect under this section for a period of specified duration, the Committee may, if it thinks fit, on application made to it by such person, by direction terminate the suspension and the Committee may attach such conditions as it sees fit to the termination (including payment of a fee not exceeding the fee provided for an application for registration in the first instance).

##### 59. Proceedings privileged.

##### 59.. **Proceedings privileged.**

**59**.— Proceedings of or communications to or by a Professional Conduct Committee in the course of an inquiry, and reports of the Committee made in the exercise or performance of its powers, duties or functions, under this Part shall, in any action for defamation, be absolutely privileged.

## PART 7 Miscellaneous Provisions

##### 60. Temporary registration under Title II of Directive.

##### 60.. **Temporary registration under Title II of Directive.**

**60**.— (1) If a person intends to provide, in reliance on Article 5(2) of the Directive, architectural, quantity surveying or building surveying services in the State on a temporary and occasional basis, the person shall notify the Admissions Board of that intention and the Admissions Board shall, subject to *subsection (5)*, on receipt of that notification, register the person in the register under *Part 3*, *4* or *5*, as the case may be, for that purpose.

@@ -1760,7 +1784,7 @@

(8) The Admissions Board may, in pursuance of Article 9 of the Directive, require a person who is registered in the register under *Part 3*, *4* or *5* for a temporary period pursuant to this section to furnish to a person to whom he or she provides architectural, quantity surveying or building surveying services, as the case may be, in the State all or any of the information specified in that Article.

##### 61. Registration body may seek assistance and make rules.

##### 61.. **Registration body may seek assistance and make rules.**

**61**.— (1) Subject to *subsection (2)*, a registration body may arrange with any person to assist it, or any other board or committee established under this Act, in the proper discharge of its or their functions.

@@ -1770,7 +1794,7 @@

(4) Before making rules, the registration body shall publish a draft of the rules and circulate them to the board or committee affected for its comments.

##### 62. Registration body may specify fees.

##### 62.. **Registration body may specify fees.**

**62**.— (1) A registration body may specify that a fee of a specified amount shall be payable to it in respect of the doing of any of the following, namely:

@@ -1798,13 +1822,13 @@

(*b*) the reasonable costs incurred by the registration body in collecting, accounting for and administering the fee.

##### 63. Additional qualifications.

##### 63.. **Additional qualifications.**

**63**.— (1) Subject to *subsection (2)* and payment of the specified fee, a person who is registered under *Part 3*, *4* or *5* may apply to the registration body, in the form and manner it determines, to have an additional qualification noted in the register.

(2) The registration body shall determine what additional qualifications other than those required for registration may be noted in the register.

##### 64. Regulations.

##### 64.. **Regulations.**

**64**.— (1) The Minister may make regulations for prescribing any matter referred to in this Act as prescribed or to be prescribed, or in relation to any matter referred to in this Act as the subject of regulations.

@@ -1812,19 +1836,19 @@

(3) Every regulation made under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly but without prejudice to the validity of any previously done thereunder.

##### 65. Correction of register.

##### 65.. **Correction of register.**

**65**.— (1) For the purpose of keeping a register provided for under this Act, the Registrar thereof shall correct all verbal and clerical errors in such register, remove therefrom all entries procured by fraud or misrepresentation, enter in the register every change which comes to the Registrar’s knowledge in the addresses of registered professionals, and remove therefrom the names of all persons whose death has either been notified to, or comes to the knowledge of, the Admissions Board.

(2) Where the Registrar takes any action under *subsection (1)*, the Registrar shall forthwith notify the person concerned or next of kin, as the case may be, if such person can be identified, of the action taken and the reasons therefor.

##### 66. Expenses of registration bodies, boards and committees, etc.

##### 66.. **Expenses of registration bodies, boards and committees, etc.**

**66**.— (1) Expenditure incurred by a registration body in the performance of its functions under this Act shall be defrayed by the registration body from funds at its disposal.

(2) There shall be paid to the chairpersons and other members of any board or committee established under this Act by a registration body such remuneration and allowances for expenses as the registration body may determine and payment of such remuneration and allowances shall be made from funds at the disposal of the registration body.

##### 67. Prosecution of offences under this Act.

##### 67.. **Prosecution of offences under this Act.**

**67**.— (1) Summary proceedings for an offence under *Part 3*, *4*, *5* or *6* may be brought and prosecuted by the registration body.

@@ -1840,7 +1864,7 @@

(4) It shall be presumed, until the contrary is shown, that proceedings for an offence under this Act were commenced within the appropriate period.

##### 68. Evidential value of an extract from register.

##### 68.. **Evidential value of an extract from register.**

**68**.— (1) In any proceedings, a certificate signed by the Registrar containing only information stated to be taken from the registration records under the control of the Registrar shall be sufficient evidence of the facts stated therein, until the contrary is shown.

@@ -1848,7 +1872,7 @@

(3) A certificate under this section that purports to bear a facsimile of the signature of the Registrar concerned or a copy of such signature applied by means of a stamp or produced by a computer shall be deemed for the purposes of this section to have been signed by the Registrar, until the contrary is shown.

##### 69. Nomination to boards or committees and elections.

##### 69.. **Nomination to boards or committees and elections.**

**69**.— (1) Subject to *subsection (2)*, any persons nominated by a registration body for appointment by the registration body to a committee or board established under *Part 3*, *4* or *5* shall be chosen for the purposes of such nomination by means of an election in accordance with bye-laws made by the body under this section.

@@ -1866,7 +1890,7 @@

(6) Bye-laws under this section may provide for such supplemental, incidental and consequential matters as the registration body that makes them considers necessary or expedient, including the deeming of candidates to be elected without an election having to be held, where the number of persons validly selected as candidates in the proposed election is less than or equal to the number of vacancies in the board or committee to which the proposed election relates.

##### 70. Tenure of members of boards, etc., appointed by registration body.

##### 70.. **Tenure of members of boards, etc., appointed by registration body.**

**70**.— (1) A person appointed by a registration body to be a member of a board or committee established by it under this Act shall hold office for a period of 3 years, unless he or she sooner dies or resigns.

@@ -1880,7 +1904,7 @@

(5) The registration body may make rules specifying grounds (such as repeated absence from meetings or unacceptable professional conduct) on which a member of a board or committee referred to in *subsection (1)* may be removed from office and the procedure for such removal and for so long as rules under this subsection are in force such a member may be removed from office subject to and in accordance with the rules.

##### 71. Proceedings at meetings of boards or committees.

##### 71.. **Proceedings at meetings of boards or committees.**

**71**.— (1) A board or committee established under this Act by a registration body shall hold such meetings as it considers necessary for the performance of its functions.

@@ -1892,7 +1916,7 @@

(5) The quorum for such a meeting shall be—

(*a*) 6 members in the case of a Professional Conduct Committee, or

(*a*) F32[5] members in the case of a Professional Conduct Committee, or

(*b*) 4 members in any other case,

@@ -1902,11 +1926,11 @@

(7) An Admissions Board, Technical Assessment Board, Appeals Board or Professional Conduct Committee may perform its functions whether or not there is a vacancy in its membership and none of its proceedings are invalidated by any defect in the appointment of a member to it.

##### 72. Functions in relation to regulations or directives of the Council of the EU or the European Parliament.

##### 72.. **Functions in relation to regulations or directives of the Council of the EU or the European Parliament.**

**72**.— A registration body, or a board or committee established under this Act by a registration body, shall carry out such additional functions as may be assigned to it, by regulation made by the Minister, in relation to the implementation of an act adopted by an institution of the European Communities with respect to the relevant profession.

##### 73. Annual report by registration body.

##### 73.. **Annual report by registration body.**

**73**.— (1) A registration body shall, as soon as may be after the end of each year, prepare a report of its proceedings under this Act during that year.

@@ -1917,3 +1941,4 @@

(*a*) the report, with the copy of the foregoing accounts included in it, to be published, and

(*b*) copies of the report, with the foregoing certification in respect of those accounts included in each such copy, to be made available for purchase by members of the public.

2007-04-21

Building Control Act 2007

original version Text at this date