Regulation of Providers of Building Works and Miscellaneous Provisions Act 2022

PART 1 Preliminary and General

1. Short title and commencement

1. (1) This Act may be cited as the Regulation of Providers of Building Works and Miscellaneous Provisions Act 2022.

(2) Subject to subsection (3), this Act other than Parts 11 and 12, 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.

(3) Part 9 shall come into operation on such day or days as the Minister for Health 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. In this Act—

“Act of 1981” means the Fire Services Act 1981;

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

“Act of 1999” means the Electricity Regulation Act 1999;

“Act of 2005” means the Safety, Health and Welfare at Work Act 2005;

“Act of 2007” means the Building Control Act 2007;

“Act of 2012” means the Qualifications and Quality Assurance (Education and Training) Act 2012;

“Act of 2014” means the Companies Act 2014;

“appeals committee” means the appeals committee established under section 24;

“applicant” means an applicant for registration under section 34 or, as appropriate, for renewal of registration under section 36;

“Board” means the admissions and registration board established under section 22;

“building control regulations” means the building control regulations for the time being in force under section 6 of the Act of 1990;

“building regulations” means the building regulations for the time being in force under section 3 of the Act of 1990;

“code of practice” means a code of practice for the time being in operation under section 20;

“committee of the Board” means a committee of the Board established under section 23;

“company” means a company formed and registered under the Act of 2014 or an existing company within the meaning of that Act;

“competence criteria” has the meaning given to it by section 28;

“competent person” has the meaning given to it by section 30;

“complainant” has the meaning given to it by section 44;

“construction” means construction within the meaning of the Act of 1990;

“division” means a division or, as the case may be in accordance with section 27(2), subdivision of the register;

“employee”, in relation to a provider of building works, has the same meaning as it has in the Parent’s Leave and Benefit Act 2019;

“improper conduct” has the meaning given to it by section 44;

“induction course” has the meaning given to it by section 40;

“inspector” means a person appointed under section 21 to be an inspector;

“investigation” means an investigation under section 45;

“investigation report” has the meaning given to it by section 45;

“major sanction” has the meaning given to it by section 49;

“material matter” has the meaning given to it by section 38;

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

“minor sanction” has the meaning given to it by section 49;

“practising barrister” has the same meaning as it has in the Legal Services Regulation Act 2015;

“practising solicitor” has the same meaning as it has in the Legal Services Regulation Act 2015;

“prescribed” means prescribed by regulations made by the Minister;

“Professional Qualifications Regulations” means the European Union (Recognition of Professional Qualifications) Regulations 2017 (S.I. No. 8 of 2017);

“provider of an education and training programme” means a provider within the meaning of the Act of 2012;

“provider of building works” shall be construed in accordance with section 3;

“public body” means—

(a) a Department of State,

(b) the Office of the President,

(c) the Office of the Attorney General,

(d) the Office of the Comptroller and Auditor General,

(e) the Houses of the Oireachtas Commission,

(f) a local authority within the meaning of the Local Government Act 2001,

(g) the Health Service Executive, or

(h) a person, body or organisation established—

(i) by or under any enactment (other than the Act of 2014 or a former enactment relating to companies within the meaning of section 5 of that Act), or

(ii) under the Act of 2014 or a former enactment relating to companies within the meaning of section 5 of that Act, in pursuance of powers conferred by or under another enactment,

and financed wholly or partly, whether directly or indirectly, by means of moneys provided, or loans made or guaranteed, by a Minister of the Government or the issue of shares held by or on behalf of a Minister of the Government;

“register” means the register established and maintained under section 26;

“registered construction professional” means a person whose name is entered in the register for architects, register for quantity surveyors or register for building surveyors established under Part 3, 4 or 5 respectively of the Building Control Act 2007 or whose name is entered in the register kept by the Institution of Engineers of Ireland under section 7 of The Institution of Civil Engineers of Ireland (Charter Amendment) Act 1969;

“registered person” means a person whose name is entered in the register;

“Registrar” means the person appointed to be the registrar under section 12;

“registration body” means a body appointed by order under section 8;

“relevant environmental legislation” means the Environmental Protection Agency Act 1992, the Waste Management Act 1996, the Protection of the Environment Act 2003, the European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011) and the European Union (Waste Directive) Regulations 2020 (S.I. No. 323 of 2020);

“relevant Minister” means—

(a) in relation to an order under section 8, or a nomination referred to in section 22(5)(a), in respect of a public body other than a public body in relation to which the Minister performs functions, the Minister of the Government who performs the functions in relation to the public body,

(b) in relation to a nomination referred to in section 22(5)(b), in respect of a public body other than a public body in relation to which the Minister for Further and Higher Education, Research, Innovation and Science performs functions, the Minister of the Government who performs the functions in relation to the public body, and

(c) in relation to a nomination referred to in section 22(5)(c), in respect of a public body other than a public body in relation to which the Minister for Enterprise, Trade and Employment performs functions, the Minister of the Government who performs the functions in relation to the public body;

“statutory auditor” has the same meaning as it has in the Act of 2014;

“statutory audit firm” has the same meaning as it has in the Act of 2014;

“subdivision” shall be construed in accordance with section 27(2);

“system of continuing professional development” has the meaning given to it by section 39;

“works” means works within the meaning of the Act of 1990 to which the building regulations or building control regulations apply.

3. Provider of building works

3. (1) For the purposes of this Act, any of the following persons is a provider of building works:

(a) a person who engages in or holds himself, herself or itself out as, for consideration, providing or being prepared to provide works;

(b) a person who engages in or holds himself, herself or itself out as, for consideration, providing or being prepared to provide works pursuant to a contract for services;

(c) a person who engages in or holds himself, herself or itself out as, for consideration, building and disposing of an interest in new buildings by sale, lease or rent;

(d) a person who is connected, within the meaning of section 10 of the Taxes Consolidation Act 1997, with the person referred to in paragraph (c) as part of any arrangement in connection with the building and disposal.

(2) In this Act, a person who only provides works as an employee of a provider of building works is not a provider of building works.

4. Exemptions

4. A person who carries out the following works is not a provider of building works—

(a) designated electrical works, so designated under section 9E of the Act of 1999, to a building carried out by a registered electrical contractor, within the meaning of section 9D(6) of the Act of 1999, in accordance with that Act or regulations made under it, or

(b) gas works, within the meaning of section 9G of the Act of 1999, to a building carried out by a registered gas installer, within the meaning of section 9F(6) of the Act of 1999, in accordance with that Act or regulations made under it.

5. Orders and regulations

5. (1) The Minister may by regulations provide for any matter referred to in this Act as prescribed or to be prescribed.

(2) Where a provision of this Act requires or authorises the Minister to make regulations, such regulations—

(a) may make different provision for different circumstances or cases, classes or types, and

(b) may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the regulations.

(3) Where the Government proposes to make an order under section 8(2), a draft of the order shall be laid before each House of the Oireachtas and the order shall not be made until a resolution approving the draft has been passed by each such House.

(4) Every order (other than an order made under section 1(2)) and regulation made by the Minister 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 order or regulation is passed by either such House within the next 21 days on which that House sits after the order or regulation is laid before it, the order or regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

6. Expenses of Minister

6. The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Public Expenditure and Reform, be paid out of moneys provided by the Oireachtas.

7. Giving of notices

7. (1) Subject to subsections (2) and (3), a notice that is required to be given to a person under this Act shall be in writing and addressed to the person concerned by name, and may be so given to the person in one or more than one of the following ways:

(a) by delivering it to the person;

(b) by leaving it at the address at which the person carries on business or ordinarily resides or, in a case in which an address for service has been furnished, at that address;

(c) by sending it by post in a prepaid registered letter to the address at which the person carries on business or ordinarily resides or, in a case in which an address for service has been furnished, to that address;

(d) where the address at which the person ordinarily resides cannot be ascertained by reasonable inquiry and the notice relates to land, by delivering it to a person over the age of 16 years resident or employed at the land, or by affixing it in a conspicuous position at or near the land;

(e) by electronic means, in a case in which the person has given notice in writing to the person giving the notice concerned of his or her consent to the notice (or notices of a class to which the notice belongs) being given to him or her in that manner.

(2) Where a notice under this Act is to be given to a person who is the owner or occupier of land and the name of the person cannot be ascertained by reasonable inquiry, it may be addressed to the person by using the words “the owner” or, as the case may require, “the occupier”.

(3) For the purpose of this section, a company shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body of persons shall be deemed to be ordinarily resident at its principal office or place of business.

PART 2 Registration body

8. Appointment of registration body

8. (1) The Minister, where he or she has, in relation to a body referred to in subsection (4), taken into account the matters referred to in subsection (5), may make a request to the Government to make an order under this section.

(2) The Government, having considered the request of the Minister under subsection (1), may make an order appointing the body referred to in that request to perform the functions conferred on the registration body by or under this Act.

(3) The body appointed to be the registration body under subsection (2) (in this section referred to as the “registration body”), shall—

(a) stand conferred with and be obliged to perform all the functions conferred on the registration body by or under this Act,

(b) in so far as the body stands conferred with and obliged to perform functions under paragraph (a), be known in the Irish language as Comhlacht Clárúcháin an Tionscail Foirgníochta and in the English language as the Construction Industry Registration Body,

(c) have all such powers as are necessary or expedient for the performance of its functions, and

(d) be fair and independent in the performance of its functions.

(4) One or more than one of the following bodies may be appointed as the registration body under subsection (2):

(a) a public body that performs functions that relate to the support or promotion of expertise and standards in construction or protection and training of workers in construction;

(b) a company;

(c) a body corporate which is not a company, or an unincorporated body of persons, which has not fewer than 300 members,

which is not an excluded body, and in the case of a body referred to paragraph (b) or (c), that—

(i) has among its principal objects the support or promotion of expertise and standards in construction or protection and training of workers in construction, and

(ii) has, on the date of the making of the order under subsection (2), been in existence for a continuous period of not less than 10 years.

(5) Before requesting the Government to make an order under subsection (2), the Minister shall, in order to form an opinion whether a body is capable of performing functions conferred on the registration body under this Act, take into account, in relation to the body, the need for—

(a) efficiency, effectiveness and economy,

(b) sufficient expertise and knowledge relating to standards in construction, including development and monitoring of those standards,

(c) sufficient expertise and knowledge relating to training,

(d) availability of sufficient capacity and resources for the purpose of performing functions conferred on the registration body under this Act,

(e) capacity, as necessary, to comply with policy of the Government or the Minister for Public Expenditure and Reform concerning remuneration, allowances or pension arrangements for the Registrar, staff of the body, Board or appeals committee, and

(f) satisfactory corporate governance, accounting and internal audit structures.

(6) Before requesting the Government to make an order appointing a public body referred to in subsection (4)(a), the Minister shall consult with the Minister for Public Expenditure and Reform and the relevant Minister.

(7) In this section—

“excluded body” means any of the following:

(a) a political party, or a body that promotes a political party or candidate;

(b) a body that promotes a political cause;

(c) a chamber of commerce;

(d) a body that promotes purposes that are—

(i) unlawful,

(ii) contrary to public morality,

(iii) contrary to public policy,

(iv) in support of terrorism or terrorist activities, whether in the State or outside the State, or

(v) for the benefit of an organisation membership of which is unlawful.

9. Review and transfer of functions of registration body

9. (1) The Minister shall appoint a person to carry out periodic inspections, reviews and audits in relation to the performance by the registration body of its functions under this Act and to furnish a report to the Minister and the person so appointed shall carry out such inspection and review and furnish such report accordingly. This report shall also be furnished to the Joint Oireachtas Committee on Housing, Local Government and Heritage.

(2) Where the Minister, having considered a report furnished to him or her under subsection (1), is of the opinion that the registration body is not performing one or more than one of its functions under this Act, he or she may request the Government to make an order under section 8(2).

(3) The Minister may form the opinion referred to in subsection (2) where the registration body has failed to perform statutory functions conferred on the registration body by or under this or any other Act.

(4) An order under section 8(2) requested by the Minister under subsection (2), may include an order appointing a body (in this section referred to as an “appointed registration body”) to perform the functions conferred on the registration body referred to in subsection (2) (in this section referred to as a “transferring registration body”) which functions shall stand transferred to the appointed registration body.

(5) Subject to this section, section 8 shall apply to an order referred to in subsection (2) as it applies to an order made under section 8.

(6) An order referred to in subsection (2) may provide for the coming into operation of the order on different days for different purposes or different functions.

(7) Where the functions of the transferring registration body stand transferred to an appointed registration body, the functions shall no longer be under the direction, control or supervision of the transferring registration body.

(8) Notwithstanding subsection (7) an order referred to in subsection (2) may provide that the transferring registration body shall continue to perform any function for a specified period and comply with any direction referred to or contained in the order as may appear to the Government, following a request by the Minister in that behalf, to be necessary or expedient.