Regulation of Providers of Building Works and Miscellaneous Provisions Act 2022

Type Act

Publication 2022-07-05

State In force

Source Irish Statute Book

articles 101

(iii) confirming whether the applicant has, since the date of registration, a conviction in the State for an offence specified in section 34(8) (other than a spent conviction within the meaning of section 5 of the Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016) or a conviction outside the State for an offence consisting of acts or omissions that, if done or made in the State, would constitute an offence referred to in section 34(8),

(iv) providing details of any conviction under subparagraph (iii),

(v) where the applicant is a body corporate, confirming whether each of the persons referred to in section 34(2)(c) has, in an individual capacity or in a capacity as any person referred to in section 34(2)(c) since the date of registration, a conviction in the State for an offence specified in section 34(8) (other than a spent conviction within the meaning of section 5 of the Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016) or a conviction outside the State for an offence consisting of acts or omissions that, if done or made in the State, would constitute an offence referred to in section 34(8),

(vi) providing details of any conviction referred to in subparagraph (v),

(vii) confirming whether the applicant has, since the date of registration, been the subject of an order under section 8 or 12 of the Act of 1990, and

(viii) providing details of any order referred to in subparagraph (vii).

(4) An applicant that is referred to in subsection (3)(b) who relies upon a competent person shall furnish the following to the Board:

(a) the name or names of the competent person or persons;

(b) written confirmation from the competent person that he or she consents to being relied upon as a competent person; and

(c) where the competent person has not previously been relied upon by the registered person, evidence of the qualifications or practical experience or both of the competent person to fulfil the competence criteria in the division to which the application relates.

(5) Subject to section 37, where an application under this section is not determined by the Board before the expiration of the period of validity, under section 35(6) of the registration, then, the registration shall continue in force until the application has been so determined.

(6) The Board may request the applicant to furnish additional documents or information and may seek independent verification of any document or information furnished by an applicant under this section.

(7) Where the Board makes a request under subsection (6), the application to which the request relates shall not be considered further until the applicant complies with the request.

37. Determination of application for renewal

37. (1) The Board may refuse an application to renew registration if the applicant has not complied with subsection (2), (3), (4) or (6) of section 36.

(2) The Board shall determine an application under section 36 in accordance with rules made by the registration body under paragraph 9 of Schedule 2 and within a period of 90 days beginning on the date of receipt of the fully completed application.

(3) The Board may refuse to renew an applicant’s registration if, having considered the matters referred to in paragraph (f) of section 36(3) it considers that, by reason of any conviction received by the applicant under the Act of 1981, the Act of 1990, the Act of 2005, the relevant environmental legislation or this Act, such refusal is necessary to uphold standards of competence of providers of building work.

(4) Where it receives an application for the renewal of registration, the Board may—

(a) renew an applicant’s registration where it is satisfied that the applicant remains eligible for registration in a division to which the application relates,

(b) renew an applicant’s registration subject to conditions, including conditions limiting registration to a specified class of works in a particular division, and such conditions may apply during the period for which registration is granted or such other period as may be specified by the Board,

(c) refuse to renew an applicant’s registration where it is not satisfied that an applicant remains eligible for registration in a division to which the application relates, or

(d) where an application relates to more than one division and the Board is not satisfied that an applicant remains eligible for registration in all of the divisions concerned, renew the applicant’s registration in any division for which the applicant remains eligible for registration and refuse to renew registration in any division for which the applicant is no longer eligible for registration.

(5) The Board shall give notice to an applicant of a decision under subsection (3) or (4) as soon as practicable after it is made, which shall, in relation to a decision under subsection (3) or paragraph (b), (c) or (d) of subsection (4)—

(a) include reasons for the decision,

(b) inform the applicant that—

(i) the applicant may, under section 50, appeal the decision within 30 days beginning on the date of the notice, and

(ii) the appeal shall specify the grounds for the appeal,

and

(i) the decision becomes final under subsection (6), or

(ii) subject to subsection (7), the disposal of the appeal under section 50.

(6) If, on the expiration of the period of 30 days beginning on the date of the notice under subsection (5), no appeal under section 50 has been made, the decision of the Board under paragraph (b), (c) or (d) of subsection (4) shall be final.

(7) If, following an appeal of a decision under paragraph (b), (c) or (d) of subsection (4), the appeals committee remits the matter to the Board under section 50(7)(b) for reconsideration, that decision shall be suspended until it has been reconsidered by the Board.

(8) Complaints made against a registered person shall be dealt with or continue to be dealt with under Part 6 and, accordingly, the renewal of registration under this section shall not prejudice or affect—

(a) any investigation which relates to registration of the registered person, or

(b) any legal proceedings under this Act in respect of registration of the registered person.

(9) Renewal of registration shall be valid for 12 months beginning on the date of a notice under subsection (5) or, as appropriate, a notice under section 50(9) or 52(6) which shall include a notice that renewal of registration shall be valid for a period of 12 months from that date.

(10) An application under this section shall only be considered in so far as it relates to a division for which the applicant was registered in the period immediately preceding the application.

38. Notification of material matter to registration body

38. (1) Without prejudice to the generality of section 26(7), a registered person shall give notice to the registration body as soon as practicable but, in any case, not later than 30 days beginning on the date that matter comes to the knowledge of the registered person, of any material matter.

(2) A registered person who fails to comply with this section shall be guilty of an offence.

(3) Subsections (1) and (2) shall apply to an applicant as if the applicant were a registered person in the division for which the applicant is seeking registration.

(4) In this section “material matter” means—

(a) any change to the information furnished to the Board under paragraph (b) or (c) of section 34(2) or paragraph (a) or (b) of section 36(3),

(b) any change in circumstances relating to the requirements for registration specified in section 34(3), (other than requirements under section 31(1) or 34(4)), and section 36(3) (other than requirements under section 31(1) or section 36(4)),

(c) the imposition of conditions on any registration or licence or other authorisation, the revocation, suspension, withdrawal or removal of any registration or licence or other authorisation, or the refusal to grant registration or a licence or other authorisation, by any regulatory body in or outside the State in respect of any capacity or former capacity of the registered person or applicant, as the case may be, relevant to their registration as a provider of building works, and

(d) in the case of a registered person referred to in section 36(3)(a) or an applicant referred to in section 34(2)(c), any change in the names of the persons furnished to the Board under paragraph (b) of section 36(3) or paragraph (c) of section 34(2).

39. Continuing professional development

39. (1) The Board shall establish and maintain a system of continuing professional development of providers of building works (in this section referred to as a “system of continuing professional development”).

(2) The Board shall approve providers of education and training programmes and as the case may be, bodies providing other seminars, training courses or workshops for the purpose of subsection (1).

(3) A provider of building works who fails to comply with the requirements of the system of continuing professional development shall not be eligible for registration, or to continue to be registered in any division.

40. Induction course

40. (1) The registration body shall, not later than the first anniversary of the commencement of this section, or such longer period as the Minister permits in writing at the request of the registration body, establish and maintain an induction course (in this section referred to as an “induction course”) for the purposes of familiarising applicants with the obligations of providers of building works under this Act.

(2) An induction course shall provide an overview of matters including—

(a) the procedures and requirements to be complied with when applying for registration under section 34,

(b) the obligations of registered persons under the code of practice,

(d) the requirement for continuing professional development, and

(e) the requirements of the Act of 1981, the Act of 1990, the Act of 2005, the relevant environmental legislation, the building regulations and the building control regulations.

(3) Subject to subsection (5), all persons shall be required to attend and successfully complete an induction course established under subsection (1) in order to become eligible for registration under section 34.

(4) The registration body may specify the form and manner of delivery by the body of the induction course and the requirements for attendance at and completion of the course, which may be otherwise than in person.

(5) A person referred to in paragraph (b) of section 26(2) shall be deemed to have complied with subsection (3) where any of the persons referred to in that paragraph (b) of section 26(2) attend and successfully complete the induction course.

(6) The registration body shall periodically review and, as appropriate, revise the induction course.

(7) Where the Minister permits a longer period under subsection (1), the registration body shall publish notice of the longer period on a website maintained by or on behalf of the body.

41. Tax clearance

41. (1) Subject to subsection (2), the Board shall refuse to grant or renew registration in respect of a person in relation to whom a tax clearance certificate is not in force.

(2) The Board may grant or renew registration in respect of such a person if—

(a) the person has, at least 4 months before applying for registration or renewal, applied for a tax clearance certificate and it has been refused and an appeal against the refusal has been made under section 1094(7) of the Act of 1997 but not determined, and

(b) the Board would, but for subsection (1) have granted or renewed registration.

(3) Registration granted or renewed on foot of subsection (2) shall expire after 7 days beginning on the date on which the appeal concerned referred to in that subsection has been determined or finally determined and such appeal is unsuccessful.

(4) The Collector-General shall notify the Board of any appeal against a refusal of an application to issue a tax clearance certificate and of the final determination of any such appeal.

(5) The reference in subsection (2)(a) to section 1094(7) of the Act of 1997 is to that provision as applied by subsection (6) of section 1095 of that Act.

(6) In this section—

“Act of 1997” means the Taxes Consolidation Act 1997;

“Collector-General” means the Collector-General appointed under section 851 of the Act of 1997;

“person” means a provider of building works;

“tax clearance certificate” means a certificate under section 1095 of the Act of 1997.

42. Documents to be provided by corporate bodies

42. The Board shall refuse an application for registration or for the renewal of registration—

(a) by or on behalf of a company, unless the application is accompanied by a certificate of the incorporation of the company, certified by the registrar of companies under section 891(1)(b) of the Act of 2014 and dated not earlier than 4 weeks ending on the date of the application, and

(b) by or on behalf of a person carrying on business under a name that is not that of the beneficial owner of the business, unless the application is accompanied by a copy of a certificate of registration of the person under the Registration of Business Names Act 1963, certified in accordance with section 16(1)(b) of that Act.

43. Specification of minimum levels of indemnity

43. (1) The registration body shall, by notice in Iris Oifigiúil, with the prior consent of the Minister, specify, having regard to the criteria set out in subsection (3) the minimum level of indemnity required to be held by a provider of building works.

(2) The registration body shall, as regards the minimum levels of indemnity specified in a notice referred to in subsection (1), specify in that notice a date or the occurrence of an event on and from which such levels of indemnity are to take effect and different dates or events may be specified for different divisions.

(3) The criteria referred to in subsection (1) in respect of a division are—

(a) the level of risk generally inherent in the provision of the category of works to which the division relates,

(b) the level of risk, from any act or omission of a registered person in the division or an employee of the registered person, to the health, safety or welfare of any person to whom a duty of care is owed by registered persons who provide works to which the division relates,

(c) the risks identified by providers of indemnity as particularly associated with the provision of works to which the division relates, and

(d) the level of awards or settlements made in proceedings where the cause of action arose out of an alleged breach of duty involving a registered person who provides works to which the division relates.

(4) In this section “indemnity” means a policy of public liability insurance and a policy of employer’s liability insurance against losses arising from claims in respect of civil liability incurred by a provider of works in respect of any act or omission of that provider of building works or employee of that provider of building works arising from the provision by either of them of building works.

PART 6 Complaints, investigations and sanctions

44. Complaints

44. (1) A person (in this section referred to as the “complainant”) may make a complaint in writing to the Registrar concerning a registered person on one or more than one of the following grounds (in this section referred to as “improper conduct”):

(a) provision of works in a division for which the registered person is not registered and is not exempt from registration;

(b) failure to give notice of ceasing of competent person under section 31;

(d) failure to fulfil the competence criteria in a division for which the registered person is registered;

(e) failure to comply with a condition of registration;

(f) failure to comply with the code of practice;

(g) failure to comply with the requirements of the system of continuing professional development;

(h) failure to comply with subparagraphs (iii) to (vii) of section 34(3)(d) or subparagraphs (iii) to (vii) of section 36(3)(f).

(2) Where the Registrar receives a complaint, he or she shall refer the matter to the Board for investigation unless—

(a) insufficient information is provided with the complaint to enable the Registrar to form a view whether the complaint should be investigated,

(b) the Registrar is satisfied that the complaint is not made in good faith,

(c) the Registrar is satisfied that the complaint is vexatious, frivolous, an abuse of process or without substance or foundation,

(d) the complaint does not relate to a matter referred to in subsection (1), or

(e) subject to subsection (4), following the making of such inquiries as the Registrar thinks fit, he or she is satisfied that the complaint is likely to be resolved by mediation or other informal means between the complainant and registered person to whom the complaint relate.

(3) Where the Registrar decides that a complaint falls within paragraphs (a) to (e) of subsection (2), he or she shall give notice to the complainant and the registered person to whom the complaint relates of the decision and the reasons for the decision.

(4) Where a complaint is not resolved by mediation or other informal means referred to in subsection (2)(e), the complainant may, at his or her discretion, make a fresh complaint in respect of the matter the subject of the first-mentioned complaint.

45. Investigations

45. (1) Subject to subsection (2) of section 44, the Board—

(a) shall, on receipt of a complaint referred to it under section 44, or may of its own volition, cause such investigation as it thinks fit to be carried out under this Part, and

(b) for the purposes of the investigation, shall appoint an inspector, subject to such terms as the Board thinks fit—

(i) to carry out the investigation, and

(ii) to submit to the Board an investigation report following the completion of the investigation.

(2) The Board may appoint more than one inspector to carry out an investigation but, in any such case, the investigation report concerned shall be prepared jointly by the inspectors so appointed and the other provisions of this Act shall, with all necessary modifications, be construed accordingly.

(3) The terms of appointment of an inspector may define the scope of the investigation to be carried out by the inspector, whether as respects the matters or the period to which it is to extend or otherwise, and in particular may limit the investigation to matters connected with particular circumstances.

(4) Where a complaint is withdrawn by a complainant before the investigation report which relates to the complaint has been submitted to the Board under section 49, the Board may proceed as if the complaint had not been withdrawn if it is satisfied that there is good and sufficient reason for so doing.

(5) Where the Board proceeds under subsection (4) as if a complaint had not been withdrawn, the Board shall inform the complainant and the investigation concerned shall thereupon be treated as an investigation initiated by the Board of its own volition, and the other provisions of this Act shall be construed accordingly.

(6) In this section, “investigation report”, in relation to an investigation, means a report in writing prepared, following the completion of the investigation, by the inspector appointed under subsection (1)(b) to carry out the investigation—

(a) stating that the inspector is, as appropriate—

(i) satisfied that improper conduct by the registered person the subject of the investigation has occurred or is occurring, or

(ii) not so satisfied,

(b) if paragraph (a)(i) is applicable, stating the grounds on which the inspector is so satisfied, and

(i) the grounds on which the inspector is not so satisfied, and

(ii) the inspector’s opinion, in view of such grounds, on whether or not a further investigation of the registered person is warranted and, if warranted, the inspector’s opinion on the principal matters to which the further investigation should relate.

46. Notice of investigation

46. (1) Where the Board has appointed an inspector to carry out an investigation, the inspector shall, as soon as practicable after being so appointed—

(a) if the investigation arises in consequence of the receipt by the Registrar of a complaint, give notice to the registered person to whom the complaint relates of the receipt of the complaint and setting out particulars of the complaint,

(b) if the investigation is carried out at the volition of the Board, give notice to the registered person concerned of the matters to which the investigation relates, and

(i) give the registered person—

(I) copies of any documents relevant to the investigation, and

(II) copies of this Part and Part 7,

and

(ii) without prejudice to the generality of section 47, afford to the registered person an opportunity to respond within 30 days beginning on the date on which the registered person received the notice referred to in paragraph (a) or (b), or such further period not exceeding 30 days as the inspector allows, to the complaint.

(2) Where an investigation arises in consequence of the receipt by the Registrar of a complaint, the inspector appointed to carry out the investigation shall—

(a) as soon as practicable, give the complainant a copy of the notice referred to in subsection (1)(a), and

(b) make reasonable efforts to keep the complainant informed of the progress of the investigation.

47. Powers of inspectors

47. (1) For the purposes of an investigation, an inspector may—

(a) subject to subsections (13) and (14), at all reasonable times enter, inspect, examine and search any premises at, or vehicles in or by means of, which any activity in connection with the provision of works by the registered person, or in connection with the organisation or assistance of persons engaged in the provision by that registered person, is carried on,

(b) subject to subsections (13) and (14), enter, inspect, examine and search any dwelling occupied by the registered person or where the registered person is a body corporate that is a company, by a director, manager, secretary or other officer of the body, or where the registered person is a body corporate other than a company, by each member of the company performing functions in relation to management of the body or by an employee of a registered person who carries on an activity referred to in paragraph (a), being a dwelling as respects which there are reasonable grounds to believe records relating to the carrying on of that activity are being kept in it,

(c) without prejudice to any other power conferred by this subsection, require any person found in or on any premises, vehicle or dwelling referred to in any of the preceding paragraphs or any person in charge of or in control of such premises, vehicle or dwelling or directing any activity therein or thereto referred to in paragraph (a) to produce any records, plans, reports, books or accounts (whether kept in manual form or otherwise) or other documents which it is necessary for the inspector to see for the purposes of the investigation (and the inspector may inspect, examine and copy any such records, plans, reports, books or accounts or other documents so produced or require a foregoing person to provide a copy of them or of any entries in them to the inspector),

(d) require any person referred to in paragraph (c) to afford such facilities and assistance within the person’s control or responsibilities as are reasonably necessary to enable the inspector to exercise any of the powers conferred on the inspector under paragraph (a), (b) or (c),

(e) require any person by or on whose behalf data equipment is or has been used in connection with an activity referred to in paragraph (a), or any person having charge of, or otherwise concerned with the operation of, such data equipment or any associated apparatus or material, to afford the inspector all reasonable assistance in respect of its use, and

(f) be accompanied by a member of the Garda Síochána if there is reasonable cause to apprehend any serious obstruction in the performance of any of the inspector’s functions under this subsection.

(2) A requirement under paragraph (c), (d) or (e) of subsection (1) shall specify a period within which, or a date and time on which, the person the subject of the requirement is to comply with it.

(3) For the purposes of an investigation, an inspector—

(a) may require a person who, in the inspector’s opinion—

(i) possesses information that is relevant to the investigation, or

(ii) has any records, plans, reports, books or accounts (whether kept in manual form or otherwise) or other documents within that person’s possession or control or within that person’s procurement that are relevant to the investigation,

to provide that information or those records, plans, reports, books, accounts or other documents, as the case may be, to the inspector, and

(b) where the inspector thinks fit, may require that person to attend before the inspector for the purpose of so providing that information or those records, plans, reports, books, accounts or other documents, as the case may be,

and the person shall comply with the requirement.

(4) A requirement under subsection (3) shall specify—

(a) a period, not exceeding 30 days beginning on the date of the requirement, within which, or a date and time by which, the person the subject of the requirement is to comply with the requirement, and

(b) as the inspector concerned thinks fit—

(i) the place at which the person shall attend to give the information concerned or to which the person shall deliver the records, plans, reports, books, accounts or other documents concerned, or

(ii) the place to which the person shall send the information or the records, plans, reports, books, accounts or other documents concerned.

(5) A person required to attend before an inspector under subsection (3)—

(a) is also required to answer fully and truthfully any question put to the person by the inspector, and

(b) if so required by the inspector, shall answer any such question under oath.

(6) Where it appears to an inspector that a person has failed to comply or fully comply with a requirement under subsection (1), (3) or (5), the inspector may, on notice to that person and with the consent of the Board, apply in a summary manner to the Circuit Court for an order under subsection (7).

(7) Where satisfied after hearing the application about the person’s failure to comply or fully comply with the requirement in question, the Circuit Court may, subject to subsection (10), make an order requiring that person to comply or fully comply, as the case may be, with the requirement within a period specified by the Court.

(8) An application under subsection (6) to the Circuit Court shall be made to a judge of that Court for the circuit in which the person the subject of the application resides or ordinarily carries on any profession, business or occupation.

(9) The administration of an oath referred to in subsection (5)(b) by an inspector is hereby authorised.

(10) A person the subject of a requirement under subsection (1), (3) or (5) shall be entitled to the same immunities and privileges in respect of compliance with such requirement as if the person were a witness before the High Court.

(11) Any statement or admission made by a person pursuant to a requirement under subsection (1), (3) or (5) is not admissible against that person in criminal proceedings other than criminal proceedings for an offence under subsection (15), and this shall be explained to the person in ordinary language by the inspector concerned.

(12) Nothing in this section shall be taken to compel the production by any person of any records, plans, reports, books or accounts (whether kept in manual form or otherwise) or other documents which he or she would be exempt from producing in proceedings in a court on the ground of legal professional privilege.

(13) An inspector shall not, other than with the consent of the occupier, enter a private dwelling without a warrant issued under subsection (14) authorising the entry.

(14) A judge of the District Court, if satisfied on the sworn information of an inspector that—

(a) (i) there are reasonable grounds for suspecting that any information is, or any records, plans, reports, books or accounts (whether kept in manual form or otherwise) or other documents required by an inspector under this section are, held on any premises or any part of any premises, and

(ii) an inspector, in the performance of functions under subsection (1), has been prevented from entering the premises or any part thereof,

(b) it is necessary that the inspector enter a private dwelling and exercise therein any of his or her powers under this section,

may issue a warrant authorising the inspector, accompanied if necessary by other persons, at any time or times within 30 days beginning on the date of issue of the warrant and on production if so requested of the warrant, to enter, if need be by reasonable force, the premises or part of the premises concerned and perform all or any such functions.

(15) Subject to subsection (12), a person who—

(a) withholds, destroys, conceals or refuses to provide any information or records, plans, reports, books or accounts (whether kept in manual form or otherwise) or other documents required for the purposes of an investigation,

(b) fails or refuses to comply with any requirement of an inspector under this section, or

shall be guilty of an offence.

(16) In this section, “records, plans, reports, books or accounts” includes copies of reports, records, books or accounts.

48. Actions to be taken by inspector on completion of investigation

48. (1) Subject to subsection (3), where an inspector has completed an investigation, and considered any information or documents provided to him or her pursuant to any requirement under section 47, the inspector shall, as soon as practicable—

(a) prepare a draft of the investigation report, and

(b) give to the registered person to whom the investigation relates and, if the investigation arose in consequence of the receipt of a complaint, the complainant—

(i) a copy of the draft of the investigation report,

(ii) a copy of this section, and

(iii) a notice in writing stating that the registered person and the complainant (if any) may, not later than 30 days beginning on the date on which the notice was respectively received by them, or such further period not exceeding 30 days as the inspector allows, each make submissions in writing to the inspector on the draft of the investigation report.

(2) Subject to subsection (3), an inspector who has complied with subsection (1) shall, as soon as practicable after—

(a) the expiration of the period referred to in subsection (1)(b)(iii), and

(b) having—

(i) considered the submissions (if any) referred to in subsection (1)(b)(iii) made before the expiration of that period on the draft of the investigation report concerned, and

(ii) made any revisions to the draft of the investigation report which, in the opinion of the inspector, are warranted following such consideration,

prepare the final form of the investigation report and submit it to the Board with any such submissions annexed to the report.

(3) Where an inspector states, whether in a draft of the investigation report or in the final form of the investigation report, that he or she is satisfied that improper conduct by the registered person has occurred or is occurring, the inspector shall not make any recommendation, or express any opinion, in the report as to the sanction that he or she thinks ought to be imposed on the registered person in respect of such improper conduct in the event that the Board is also satisfied that improper conduct by the registered person has occurred or is occurring.

49. Determination by Board

49. (1) On receipt of an investigation report submitted to it by an inspector under section 48(2), the Board shall consider the report and any submissions annexed to it.

(2) Subject to subsection (3), where the Board has considered the investigation report and any submissions annexed to it, the Board—

(a) if it is satisfied that improper conduct by the registered person to whom the investigation report relates has occurred or is occurring, shall, as it thinks fit in the circumstances of the case, subject to subsection (6) and section 54—

(i) impose a minor sanction on the registered person, or

(ii) impose a major sanction on the registered person,

(b) if it is not satisfied that improper conduct by the registered person to whom the investigation report relates has occurred or is occurring but is of the opinion that a further investigation of the registered person is warranted, shall cause the further investigation to be carried out pursuant to its powers under section 45(1), or

(c) if it is not satisfied that improper conduct by the registered person to whom the investigation report relates has occurred or is occurring but is not of the opinion that a further investigation of the registered person is warranted, and the investigation arose from a complaint, shall dismiss the complaint and take no further action.

(3) Where the Board has considered an investigation report and any submissions annexed to it submitted to the Board under section 48(2), it may if requested to do so by the registered person or, if it considers it proper to do so for the purposes of assisting it to make a decision under subsection (2), or for the purposes of observing fair procedures, for those purposes—

(a) conduct an oral hearing, or

(b) give to the registered person to whom the investigation concerned relates and, if the investigation arose in consequence of the receipt of a complaint, the complainant—

(i) a copy of the investigation report, and

(ii) a notice stating that the registered person and the complainant (if any) may, not later than 30 days beginning on the date on which the notice was respectively received by them, or such further period not exceeding 30 days as the Board allows, each make submissions in writing to the Board on the investigation report.

(4) Subject to Schedule 1 the chairperson of the Board shall determine how an oral hearing under subsection (3)(a) is conducted.

(5) The Board shall give notice by prepaid registered post to the registered person to whom the investigation relates of a decision under subsection (2) as soon as practicable after it is made, which shall—

(a) include reasons for the decision,

(b) where the decision is under subsection (2)(a), inform the registered person that—

(i) the registered person may, under section 50, appeal the decision within 30 days beginning on the date of the notice, and

(ii) the appeal shall specify the grounds for the appeal,

and

(c) where the decision is under subsection (2)(a), inform the applicant that the decision shall be suspended until, as the case may be—

(i) the decision becomes final in accordance with subsection (6), or

(ii) subject to subsection (7) the disposal of the appeal under section 50.

(7) If, following an appeal of a decision under subsection (2)(a), the appeals committee direct the Board under section 50(7)(b) to reconsider the decision, that decision shall be suspended until it has been reconsidered by the Board.

(8) In this section—

“major sanctions” means—

(a) the removal of the registered person from the register,

(b) the suspension of the registered person’s entry in the register—

(i) for a specified period, or

(ii) until compliance by the registered person with a condition to which termination of the suspension is subject,

(d) any combination of any of the sanctions specified in paragraphs (a) to (c);

“minor sanctions” means—

(a) advice,

(b) a reprimand,

(d) any combination of any of the sanctions specified in paragraphs (a) to (c).

50. Appeal to appeals committee

50. (1) Any person adversely affected by a decision of the Board under section 31(4), paragraph (b), (c) or (d) of section 35(3), section 37(3), paragraph (b), (c) or (d) of section 37(4), or section 49(2)(a) may appeal to the appeals committee against the decision not later than 30 days beginning on the date of the notice of that decision (in this section referred to as “the appellant”).

(2) An appeal shall be in writing and specify the decision to which the appeal relates and the grounds on which the appeal rests.

(3) An appeal may be based on either procedural or substantive matters.

(4) An appellant may, at any time before the appeal is heard, withdraw the appeal in whole or in part by notifying the appeals committee in writing of the withdrawal.

(5) A witness at a hearing conducted by the appeals committee has the same immunities and privileges as if he or she were a witness before the High Court.

(6) The chairperson of the appeals committee may—

(a) direct in writing an appellant to attend before the appeals committee on a date and at a time and place specified in the direction,

(b) direct in writing any other person whose evidence the appeals committee may require to attend before the appeals committee on a date and at a time and place specified in the direction and to bring any document in the person’s possession relating to the appeal,

(c) request in writing the Board to produce any documents in its possession relating to the appeal together with its observations on the appeal, and

(d) give any other direction in writing for the purpose of the proceedings that appears to the chairperson to be fair and reasonable.

(7) On the hearing of an appeal under this section, the appeals committee may—

(a) confirm the decision of the Board, subject to any amendment thereof as the appeals committee thinks fit,

(b) remit, for stated reasons and with or without directions, the matter to the Board for reconsideration and the making of a new decision (which new decision may, in the case of a decision of the Board referred to in section 49(2)(a), be a decision under section 49(2)(a)(ii) to impose a major sanction), or

(c) substitute its determination for the decision of the Board (which may, in the case of a decision of the Board referred to in section 49(2)(a), be a decision under section 49(2)(a)(ii) to impose a major sanction).

(8) Where the appeals committee determines under subsection (7)(c) to impose a major sanction under section 49(2)(a)(ii), sections 51 to 53 shall, with all necessary modifications, apply to the determination as if it were a decision of the Board to impose a major sanction on the registered person concerned.

(9) The chairperson of the appeals committee shall give notice to—

(a) the appellant, by prepaid registered post, of the decision taken on the appeal, the date on which it was made and the reasons for it, and shall inform the appellant that the appellant may, under section 52, appeal the decision to the High Court,

(b) the Board of the decision taken on the appeal, the date on which it was made and the reasons for it.

51. Confirmation of High Court required before decision to impose major sanction takes effect

51. A decision of the Board under section 49(2)(a) or the appeals committee under section 50 to impose or confirm a decision to impose a major sanction shall not take effect unless the decision is confirmed by the High Court under section 52 or 53, as the case may be.

52. Appeal to High Court

52. (1) Any person the subject of a decision under section 50 may, not later than 30 days beginning on the date the registered person receives notice of that decision, appeal to the Court against the decision.

(2) The Court may, for the purpose of ensuring the efficient, fair and timely determination of an appeal, issue directions in respect of the conduct of the appeal.

(3) The Court shall dismiss an appeal if it is of the opinion that the appeal is vexatious, frivolous, an abuse of process or without substance or foundation.

(4) The Court may, on the hearing of an appeal under subsection (1), consider—

(a) whether the appeals committee in making its decision committed a serious or significant error of law or fact, or a series of minor errors of law or fact which when taken together amount to a serious or significant error,

(b) whether the appeals committee complied with fair procedures in making its decision, and

(5) In considering an appeal, the Court—

(a) shall have regard to the record of the decision the subject of the appeal, and

(b) may, where it considers it necessary or expedient for the fair and proper determination of the appeal, have regard to any submissions, documents or evidence adduced by a party to an appeal whether or not already adduced or contained in the record of the decision as the Court considers appropriate.

(6) The Court may, on the hearing of an appeal under subsection (1)—

(a) confirm the decision the subject of the appeal, or

(b) where it is satisfied by reference to the grounds of appeal that a serious or significant error of law or fact, or a series of minor errors of law or fact which when taken together amount to a serious or significant error, was made in making the decision the subject of the appeal or that the decision was made without complying with fair procedures—

(i) annul the decision and substitute such other decision as the Court considers appropriate, or

(ii) remit the matter to the appeals committee for reconsideration and the making of a new decision, with or without directions as the Court considers appropriate including whether the matter should be reconsidered by another constitution of the appeals committee.

(7) A registered person shall, when making an appeal under this section, comply with the requirements of this section and any applicable rules of court made thereunder and where a registered person does not so comply, the appeal shall be invalid and shall not be considered.

(8) In this section “Court” means the High Court.

53. Application to High Court to confirm decision to impose major sanction

53. (1) Where a registered person does not appeal against a decision to impose a major sanction on that person to the appeals committee within the period specified under section 50(1) or to the Court within the period allowed under section 52, as the case may be, the registration body shall, as soon as practicable after the expiration of the relevant period, by motion on notice to the registered person make an application in a summary manner to the Court for confirmation of a decision to impose a major sanction.

(2) The Court may, on the hearing of an application under subsection (1)—

(a) confirm the decision the subject of the application, or

(b) where it is satisfied on the basis of the evidence before the Board or appeals committee that there is a manifest and fundamental error of law that undermines the basis for the decision—

(i) annul the decision and substitute such other decision as the Court considers appropriate, or

(ii) remit the matter to the Board or, as the case may be, the appeals committee for reconsideration and the making of a new decision, with or without directions as the Court considers appropriate.

(3) The registration body shall, prior to making an application under subsection (1), by notice to the person concerned, seek the consent in writing of that person to the imposition of the major sanction referred to in subsection (1).

(4) Where the person concerned consents to the imposition of the major sanction concerned in accordance with a notice under subsection (3), an application by the registration body under subsection (1) may be made ex parte.

(5) Where the person concerned consents to the imposition of the major sanction concerned in accordance with subsection (3), the sanction shall take effect when the decision of the registration body has been confirmed by the Court in accordance with this section.

(6) Subject to subsection (2), where the application relates to a decision to remove or suspend a registered person from the register or from a particular division, the Court may either (as the Court may consider proper) direct the Board to remove the name of such person from the register concerned or direct that during a specified period (which shall not commence until the elapse of 7 days beginning on the date of the decision of the Court) or until such person complies with a condition to which termination of the suspension is subject, the inclusion of the registered person’s name and details in the register shall be suspended.

(7) If the Court confirms the decision under subsection (2)(a) or substitutes the decision under subsection (2)(b)(i), the decision of the Court shall be substituted for the decision the subject of the application.

(8) A registered person to whom a decision to impose a major sanction under section 49(2)(a) or section 50 relates may within 30 days of receiving the notice referred to in subsection (1) inform the registration body in writing that it does not intend to appear, and does not intend to make submissions, at the hearing of any application under subsection (1).

(9) The Registrar shall, as soon as practicable, give notice to the registered person the subject of a decision under this section by prepaid registered post of the decision of the Court, the date on which it was made and the date from which such decision will take effect as regards the registered person’s entry in the register.

(10) In this section, “Court” means the High Court.

54. Matters to be considered in determining sanction to be imposed

54. The Board, the appeals committee or the High Court, as appropriate, in considering the sanction (if any) to be imposed—

(a) on a registered person under section 49(2)(a), or

(b) on a registered person pursuant to a decision confirmed or given under section 50, 52 or 53,

shall take into account the circumstances of the improper conduct concerned (including the factors occasioning it) and, without prejudice to the generality of the foregoing, may have regard to—

(i) the need to ensure that any sanction imposed—

(I) is appropriate and proportionate to the improper conduct, and

(II) if applicable, will act as a sufficient incentive to ensure that any like improper conduct will not occur in the future,

(ii) the seriousness of the improper conduct,

(iii) the extent of any failure by the registered person to co-operate with the investigation concerned of the registered person,

(iv) any excuse or explanation by the registered person for the improper conduct or failure to co-operate with the investigation concerned,

(v) the duration of the improper conduct,

(vi) the repeated occurrence of improper conduct by the registered person,

(vii) if applicable, the continuation of the improper conduct after the registered person was notified of the investigation concerned,

(viii) if applicable, the extent and timeliness of any steps taken to end the improper conduct and any steps taken for remedying the consequences of the improper conduct,

(ix) whether a sanction in respect of like improper conduct has already been imposed on the registered person by a court, the Board or another person, and

(x) any precedents set by a court, the Board or another person in respect of a previous improper conduct.

PART 7 Miscellaneous

55. Additional jurisdiction of appeals committee

55. (1) If the Board fails to make a decision referred to in section 35(1) or 37(2) within the 90 day period specified therein, a person adversely affected by such failure may make a complaint to the appeals committee that such a failure has occurred.

(2) On the hearing of such a complaint and having given the Board an opportunity to be heard, the appeals committee may, as it thinks appropriate—

(a) give a direction to the Board to make the decision concerned as soon as practicable, or

(b) make a decision on the application concerned (and where the appeals committee does so, section 52 shall apply to such a decision as it applies to any other decision of the appeals committee).

56. Proceedings privileged

56. The following shall be absolutely privileged:

(a) complaints made to the Board under Part 6 and documents created or furnished to the parties entitled to receive them under Part 6;

(b) proceedings, documents and communications associated with an investigation by an inspector, the Board or the appeals committee under Part 6;

(c) a report of an inspector, the Board or the appeals committee in the exercise or performance of powers, duties or functions under Part 6.

57. Restoration to register and termination of suspension

57. (1) A provider of building works whose entry has been removed from the register may apply to the Board to have their entry in the register restored and section 34 shall apply to any such application as it applies to an application under that section subject to any necessary modifications and save where provided for in subsection (2).

(2) An entry in the register that has been removed may be restored at the direction of the Board, but not otherwise, and the Board may attach such conditions as it sees fit to the restoration, including payment of a fee not exceeding the fee specified under section 34(2)(g).

(3) Where the registration of a provider of building works has been suspended, the Board shall, subject to subsection (4), terminate the suspension.

(4) A person whose registration has been suspended—

(a) may apply to the Board, upon expiry of the specified period or on compliance by the person with the condition to which the termination is subject, to terminate the suspension, and

(b) for that purpose shall—

(i) provide information in a form specified by the Board to satisfy the Board that, subject to section 38, the information provided by the person under section 34 or 36, as the case may be, on the application for the registration concerned, remains accurate, and

(ii) pay a fee as may be specified by the registration body for the purposes of this subsection, which shall not exceed the fee specified under section 34(2)(g) in relation to an application for the registration concerned.

58. Publication of sanctions and convictions

58. (1) The registration body shall publish particulars, in such form and manner and for such period as it thinks fit, of a decision confirmed or given by the High Court under section 52 or 53, or a conviction of a registered person under section 60.

(2) Where a registered person receives two or more minor sanctions within a period of 3 years, the registration body shall publish particulars, in such form and manner and for such period as it thinks fit, of the decisions of the Board or appeals committee imposing or upholding imposition of the minor sanctions on the registered person under section 49(2)(a) or section 50.

(3) Without prejudice to subsections (1) and (2), the registration body shall not publish particulars of any sanction imposed under this Act until the expiry of any time permitted for an appeal of the decision to impose the sanction.

59. Transitional arrangements

59. (1) The Minister shall prescribe a period of at least 12 months for each division following which a provider of building works shall be required to be registered in order to provide works under that division.

(2) A period prescribed under subsection (1) shall commence in relation to a division, on the date on which regulations made under section 29, prescribing the required qualifications or a level of practical experience or combination of both for registration in the division come into operation.

(3) The Minister may prescribe different periods under subsection (1) for different divisions.

60. Offences and penalties

60. (1) A person who—

(a) knowingly makes any false or misleading statement in any application, complaint or appeal under this Act or any document required thereunder or otherwise gives false or misleading information to the registration body, the Board or the appeals committee, or

(b) being a registered person, fails to comply with a condition of registration,

shall be guilty of an offence.

(2) A person guilty of an offence—

(a) under section 47(15), subparagraph (10) of paragraph 2 of Schedule 2, subparagraph (2) of paragraph 7 of Schedule 2 or paragraph (a) of subsection (1) shall be liable on summary conviction to a class A fine or imprisonment for a term not exceeding 12 months, or both, or

(b) under sections 30(7), 31(2), 33(3), 38(2) or paragraph (b) of subsection (1) shall be liable—

(i) on summary conviction to a class A fine or imprisonment for a term not exceeding 12 months, or both, or

(ii) on conviction on indictment to a fine not exceeding €500,000, or imprisonment for a term not exceeding 12 months, or both.

(3) The Board may bring and prosecute summary proceedings for an offence under this Act.

(4) Notwithstanding section 10(4) of the Petty Sessions (Ireland) Act 1851, summary proceedings for an offence under this Act to which that provision applies may be instituted—

(a) within 12 months from the date on which the offence was committed, or

(b) within 6 months from the date on which evidence sufficient, in the opinion of the person instituting the proceedings, to justify proceedings comes to that person’s knowledge, whichever is the later, provided that no such proceedings shall be commenced later than 5 years from the date on which the offence concerned was committed.

(5) For the purposes of subsection (4)(b), a certificate signed by or on behalf of the person initiating the proceedings as to the date on which evidence referred to in that subsection came to his or her knowledge shall be evidence of that date and, in any legal proceedings, a document purporting to be a certificate under this subsection and to be so signed shall be admitted as evidence without proof of the signature of the person purporting to sign the certificate, unless the contrary is shown.

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

61. Liability for offences by bodies corporate

61. (1) Where—

(a) an offence under this Act has been committed by a body corporate, and

(b) the offence is proved to have been so committed with the consent or connivance of, or to have been attributable to any neglect on the part of, a person who was either—

(i) a director, manager, secretary or other officer of the body corporate, or

(ii) purporting to act in any such capacity,

that person, as well as the body corporate, shall be guilty of an offence and is liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.

(2) Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with the member’s functions of management as if he or she were a director or manager of the body corporate.

62. Application for Court order where certain convictions

62. (1) Where a registered person is convicted of an offence to which this section applies, the registration body may, where it considers it appropriate in circumstances where the commission of the offence has caused loss of life, serious injury or substantial economic loss, apply to the Court, on notice to the registered person, seeking an order revoking the registration of that registered person and imposing a prohibition on that person.

(2) An order under subsection (1) shall not take effect until—

(a) the ordinary time for bringing an appeal against the conviction concerned has expired without any such appeal having been brought,

(b) any such appeal has been withdrawn or abandoned, or

(3) In considering an application under subsection (1) the Court may have regard to the circumstances considered by the Board under subsection (1) and to—

(a) the seriousness of the offence,

(b) the extent of any failure by the registered person to co-operate with an investigation of the offence,

(d) the duration of the conduct which constituted the commission of the offence, or

(e) whether the person has a previous conviction for an offence under this Act.

(4) The Registrar shall, as soon as practicable after a decision of the Court is made under this section, give notice to the person the subject of the application under subsection (1), of the decision, the date on which it was made and the date from which it will take effect.

(5) In this section—

“Court” means the High Court;

“prohibition” means a prohibition from applying for registration in any division or particular class of works in a division and may include a permanent prohibition, a prohibition for a specified period or a prohibition subject to specified conditions.

63. Relationship between investigation and criminal proceedings

63. (1) If a sanction is imposed on a person under section 49(2) or sections 50, 52 or 53, as the case may be, and the improper conduct in respect of which the sanction is imposed is an offence under this Act, the person is not liable to criminal proceedings under this Act for the offence in respect of the matter concerned.

(2) An acknowledgment of an infringement of this Act by a person in an investigation under section 45 or oral hearing under section 49 is not admissible against the person in criminal proceedings other than criminal proceedings for an offence under section 47(15) or subparagraph (10) of paragraph 2 of Schedule 2.

64. Registration body designated as competent authority for providers of building works

64. (1) The registration body is designated, as of and from the day on which the register is established under section 26, as the competent authority for providers of building works under the Professional Qualifications Regulations.

(2) The registration body shall, on and after the day on which the register is established under section 26, act as the competent authority for the purposes of all matters referred to in the Professional Qualifications Regulations which relate to the role of a competent authority for the purposes of the recognition of professional qualifications of persons engaged in the provision of works.

(3) Unless otherwise specified in this Act, nothing in this Act shall be construed to prejudice the performance by the registration body of its functions under the Professional Qualifications Regulations as the competent authority in respect of providers of building works as a regulated profession (within the meaning of Regulation 3 of those Regulations).

65. Application of section 29 of the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020

65. Notwithstanding anything contained in section 29 of the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020, the Minister may designate the registration body to be a State body under subsection (3)(b) of section 29 of that Act.

PART 8 Miscellaneous amendments of Act of 2007

66. Amendment of section 2 of Act of 2007

66. Section 2 of the Act of 2007 is amended in paragraph (b) of the definition of “registration body” by the substitution of “the Society of Chartered Surveyors Ireland” for “the Society of Chartered Surveyors”.

67. Amendment of section 17 of Act of 2007

67. Section 17 of the Act of 2007 is amended by the substitution of the following subsection for subsection (2):

“(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.”.

68. Continuing professional development (Part 3)

68. The Act of 2007 is amended by the insertion of the following new section after section 17:

“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.”.

69. Amendment of section 28 of Act of 2007

69. Section 28 of the Act of 2007 is amended, in subsection (1), by the substitution of “The Society of Chartered Surveyors Ireland” for “The Society of Chartered Surveyors”.

70. Amendment of section 29 of Act of 2007

70. Subsection (2) of section 29 of the Act of 2007 is amended by the substitution of the following paragraph for paragraph (b):

“(b) a fellow or professional member of the Society of Chartered Surveyors Ireland, Quantity Surveying Division;”.

71. Amendment of section 31 of Act of 2007

71. Section 31 of the Act of 2007 is amended by the substitution of the following subsection for subsection (2):

72. Continuing professional development (Part 4)

72. The Act of 2007 is amended by the insertion of the following new section after section 31:

“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.”.

73. Amendment of section 42 of Act of 2007

73. Section 42 of the Act of 2007 is amended, in subsection (1), by the substitution of “The Society of Chartered Surveyors Ireland” for “The Society of Chartered Surveyors”.

74. Amendment of section 43 of Act of 2007

74. Section 43 of the Act of 2007 is amended, in paragraphs (b) and (f) of subsection (2), by the substitution of “a fellow or professional member of the Society of Chartered Surveyors Ireland” for “a fellow or associate of the Society of Chartered Surveyors”.

75. Amendment of section 45 of Act of 2007

75. Section 45 of the Act of 2007 is amended by the substitution of the following subsection for subsection (2):

76. Continuing professional development (Part 5)

76. The Act of 2007 is amended by the insertion of the following new section after section 45:

“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.”.

77. Amendment of section 57 of Act of 2007

77. Section 57 of the Act of 2007 is amended—

(a) by the insertion of the following subsection after subsection (2):

“(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).”,

and

(b) in subsection (5), by the substitution of “Subject to subsection (2A), the” for “The”.

78. Amendment of section 71 of Act of 2007

78. Section 71 of the Act of 2007 is amended, in subsection (5)(a), by the substitution of “5” for “6”.

PART 9 Amendment of Nursing Homes Support Scheme Act 2009

79. **Definition (Part 9)**

79. In this Part—

“Act of 2009” means the Nursing Homes Support Scheme Act 2009;

“Act of 2022” means the Regulation of Providers of Building Works and Miscellaneous Provisions Act 2022.

80. Amendment of section 3 of Act of 2009

80. Section 3 of the Act of 2009 is amended, in subsection (1), by the insertion of the following definitions:

“‘Act of 2022’ means the Regulation of Providers of Building Works and Miscellaneous Provisions Act 2022;

‘eligible rental income’ has the meaning assigned to it by Schedule 1;”.

81. Annual report relating to eligible rental income

81. The Act of 2009 is amended by the insertion of the following section after section 45A:

“45AA. (1) The Executive shall prepare in respect of each year (or such longer period as the Minister may, following receipt of the third report under this section, prescribe by regulations) a report containing information in relation to—

(a) the proportion of financial assessments in respect of which eligible rental income is taken into account,

(b) the number of principal residences from which eligible rental income derives,

(d) the impact of the changes effected by Part 9 of the Act of 2022 on outcomes for persons participating in the Scheme, including the timing of participation in the Scheme and risks relating to the safeguarding of vulnerable persons, and

(e) such other matters as may be specified by the Minister.

(2) The Executive shall send a copy of each report prepared under this section to the Minister—

(a) before the end of June in the year following that to which the report relates, or

(b) where the Minister has made regulations under subsection (1), before the end of June in the year following the last year to which the report relates.

(3) For the purposes of preparing a report under subsection (1) and, subject to section 45(7), the Executive shall keep records of information in relation to—

(a) financial assessments under section 10,

(b) notifications under section 24 relating to eligible rental income, and

82. Review of operation of amendments effected by Part 9 of Act of 2022

82. The Act of 2009 is amended by the insertion of the following section after section 45B:

“45C. (1) The Minister shall, 6 months after the coming into operation of section 82 of the Act of 2022, carry out a review of the operation of the amendments to this Act effected by Part 9 of the Act of 2022.

(2) Without prejudice to the generality of section 45AA, the Minister shall, in consultation with the Minister for Public Expenditure and Reform and the Minister for Housing, Local Government and Heritage, prepare not later than 3 months after the commencement of the review under subsection (1) a report setting out the findings and conclusions consequent on such review.

(3) The Minister shall cause a copy of the report prepared under subsection (2) to be laid before each House of the Oireachtas as soon as practicable after it has been prepared.”.

83. Government order to modify assessment of eligible rental income

83. The Act of 2009 is amended by the insertion of the following section after section 45C:

“45D. (1) Subject to subsection (3), where a report has been prepared under section 45C(2), the Government may, at the request of the Minister and the Minister for Housing, Local Government and Heritage, make an order—

(a) providing that, with effect from such date as may be specified in the order—

(i) step I of paragraph 2A of Part 1A of Schedule 1 and step K of paragraph 2A of Part 2A of that Schedule shall have effect as if such lower percentages as may be specified in the order were substituted for the percentages for the time being specified in those steps of those paragraphs, or

(ii) Parts 1A and 2A of Schedule 1 shall have effect as if they had not been amended by section 84(1) and (2) of the Act of 2022,

(b) requiring the Minister, in consultation with the Minister for Public Expenditure and Reform and the Minister for Housing, Local Government and Heritage to prepare a further report setting out the findings and conclusions of the Minister in relation to the operation of the amendments to this Act effected by Part 9 of the Act of 2022 in respect of such period as may be specified in the order by such date as may be so specified.

(2) Subject to subsection (3), where a further report has been prepared by virtue of an order under subsection (1)(b), the Government may, at the request of the Minister and the Minister for Housing, Local Government and Heritage, make an order under subsection (1)(a).

(3) Before making an order under subsection (1) the Government shall consider whether it would be appropriate to do so having regard to—

(a) the request referred to in that subsection or, as the case may be, subsection (2), and

(b) where the order is to be made following—

(i) a report prepared under section 45C(2), that report, and

(ii) a further report prepared by virtue of an order under subsection (1)(b), that further report.

(4) An order under subsection (1)(a)(i) may provide that—

(a) step K of paragraph 2A of Part 1A of Schedule 1 (so far as relating to the amount produced by step F), and

(b) step M of paragraph 2A of Part 2A of that Schedule (so far as relating to the amount produced by step H),

shall have effect as if such percentages as may be specified in the order were substituted for the percentages for the time being specified in those steps of those paragraphs.

(5) An order under subsection (1)(a)(ii) may provide that section 24 shall have effect as if the following subsection were substituted for subsection (1) of that section:

‘(1) A person (or the person’s care representative, if any) who is the subject of an application for State support or who is provided with financial support or a person who is a family successor shall give notice in writing to the Executive of—

(a) any material change in circumstances,

(b) any change in circumstances that results in eligible rental income becoming, or ceasing to be, payable, or

not later than 10 working days after the material change or other change concerned comes to the knowledge of the person.’.

(6) An order under this section may make such incidental, supplementary, consequential or transitional provision (including provision modifying the effect of this Act) as the Government consider necessary or expedient for the purposes of the order.

(7) The Minister shall cause a copy of any further report prepared in pursuance of an order under subsection (1)(b) to be laid before each House of the Oireachtas as soon as practicable after it has been prepared.

(8) An order under this section 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 is passed by either such House within the next 21 days on which that House sits after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done under it.”.

84. Amendment of Schedule 1 to Act of 2009

84. (1) Part 1A of Schedule 1 to the Act of 2009 is amended—

(a) by the substitution of the following paragraph for paragraph 2:

“Assessment of income where no eligible rental income applicable

Where there is no eligible rental income, assess the weekly income by following the directions at steps A to E:

A. Establish the annual income of the person using the definition of ‘income’.

B. Deduct allowable deductions.

C. Divide amount produced by step B by 52 to establish net weekly income.

D. Take 80 per cent of amount produced by step C (net weekly income) which amount, unless step E applies, is the weekly assessed income.

E. Where applying the rule in step D produces a result whereby 20 per cent of net weekly income is less than the minimum retained income threshold, the weekly assessed income is the amount established by step C less the minimum retained income threshold.”,

and

(b) by the insertion of the following paragraph after paragraph 2:

“Assessment of income where eligible rental income applicable

2A. Where there is eligible rental income, assess the weekly income by following the directions at steps A to K:

A. Establish the annual income of the person using the definition of ‘income’.

B. Deduct allowable deductions.

C. Divide amount produced by step B by 52.

D. Establish the annual eligible rental income of the person.

E. Deduct income tax required by law to be deducted or paid in respect of eligible rental income and in respect of which the applicant or any other person is not entitled to claim an exemption, relief or allowance or the repayment of tax already paid.

F. Divide amount produced by step E by 52.

G. Add amount produced by step C to amount produced by step F to establish net weekly income.

H. Take 80 per cent of amount produced by step C.

I. Take 40 per cent of amount produced by step F.

J. Add amount produced by step H to amount produced by step I which amount, unless step K applies, is the weekly assessed income.

K. Where applying the rule in step J produces a result whereby the sum of 20 per cent of the amount produced by step C and 60 per cent of the amount produced by step F is less than the minimum retained income threshold, the weekly assessed income is the amount established by step G less the minimum retained income threshold.”.

(2) Part 2A of Schedule 1 to the Act of 2009 is amended—

(a) by the substitution of the following paragraph for paragraph 2:

“Assessment of income where no eligible rental income applicable

Where there is no eligible rental income, assess the weekly income by following the directions at steps A to F:

A. Establish the annual income of the person and his or her partner using the definition of ‘income’.

B. From the annual income of each of those persons deduct allowable deductions applicable to that person’s income to establish net annual income of each member of the couple.

C. Aggregate the two net annual incomes established under step B.

D. Divide amount produced by step C by 52 to establish net weekly income.

E. Take 40 per cent of amount produced by step D and the amount established following that calculation is, unless step F applies, the weekly assessed income.

F. Where applying the rule in step E produces a result whereby 60 per cent of net weekly income is less than the minimum retained income threshold, the weekly assessed income is the amount established by step D less the amount which is the minimum retained income threshold.”,

and

(b) by the insertion of the following paragraph after paragraph 2:

“Assessment of income where eligible rental income applicable

2A. Where there is eligible rental income, assess the weekly income by following the directions at steps A to M:

A. Establish the annual income of the person and his or her partner using the definition of ‘income’.

B. From the annual income of each of those persons deduct allowable deductions applicable to that person’s income.

C. Aggregate the two amounts produced by step B.

D. Divide amount produced by step C by 52.

E. Establish the amount of annual eligible rental income of the person and his or her partner.

F. From the annual eligible rental income of each of those persons deduct income tax required by law to be deducted or paid in respect of eligible rental income and in respect of which the applicant or any other person is not entitled to claim an exemption, relief or allowance or the repayment of tax already paid.

G. Aggregate the two amounts produced by step F.

H. Divide amount produced by step G by 52.

I. Add amount produced by step D to amount produced by step H to establish net weekly income.

J. Take 40 per cent of amount produced by step D.

K. Take 20 per cent of amount produced by step H.

L. Add amount produced by step J to amount produced by step K which amount, unless step M applies, is the weekly assessed income.

M. Where applying the rule in step L produces a result whereby the sum of 60 per cent of the amount produced by step D and 80 per cent of the amount produced by step H is less than the minimum retained income threshold, the weekly assessed income is the amount established by step I less the minimum retained income threshold.”.

(3) Part 3 of Schedule 1 to the Act of 2009 is amended—

(a) in paragraph 1—

(i) in the definition of “income”, in paragraph (b), by the insertion of “(other than eligible rental income)” after “income”, and

(ii) by the insertion of the following definition:

“‘eligible rental income’ means—

(a) any payments made to a person who is receiving care services or his or her partner in respect of rent under—

(i) a tenancy of the principal residence of the person who is receiving care services that is registered under Part 7 of the Residential Tenancies Act 2004, or

(ii) a tenancy of the principal residence of the person who is receiving care services where the principal residence is situated within the State and is a dwelling of a type described in any of paragraphs (b) to (e) or (g) to (i) of section 3(2) of that Act,

in respect of a period beginning on or after the day on which section 84(3)(a) of the Act of 2022 comes into operation, and

(b) any payments made in respect of rent under a tenancy such as is mentioned in subparagraph (i) or (ii) of paragraph (a) in respect of a period beginning on or after the day on which section 84(3)(a) of the Act of 2022 comes into operation which the person whose means are being assessed would have been entitled to receive in the assessable period, but which by reason of a particular action having been taken by or on behalf of that person, a person other than the person whose means are being assessed has received, is receiving or will receive an amount of money or monies worth (whether by way of a single payment or a series of payments) and which action by the person whose means are being assessed occurred within 5 years of the date of first application for State support but does not include any such payments earned by a family successor in the course of running a family asset;”,

and

(b) by the insertion of the following paragraph after paragraph 2:

“2A. For the purposes of the definition of ‘eligible rental income’, the definition of ‘principal residence’ applies notwithstanding that a person is not residing in his or her principal residence because the person is receiving care services.”.

PART 10 Amendment of Affordable Housing Act 2021

85. Interpretation - Part 10

85. In this Part, “Act of 2021” means the Affordable Housing Act 2021.

86. Provision supplemental to section 41 of Act of 2021

86. The Act of 2021 is amended by the insertion of the following section after section 41:

“41A. (1) Any deed or agreement between the special purpose vehicle and the homeowner which secures the equity share of the special purpose vehicle in a dwelling shall be registrable in the Registry of Deeds as an act of the homeowner affecting the dwelling.

(2) For the avoidance of doubt, the court or, subject to an appeal to the court, the Authority may on an application to it under section 98 of the Act of 1964 make an order or, in the case of an application to the Authority, an entry, under that section inhibiting any registration, on any folio in which a dwelling or any part thereof is registered, under a disposition by, or transmission from, the registered owner without the consent of the special purpose vehicle.

(3) Where, in accordance with the memorandum of agreement referred to in section 41, any deed or agreement between the special purpose vehicle and the homeowner confers a power of sale of the dwelling on the special purpose vehicle (referred to in this section as a ‘power of sale’), the following provisions shall apply:

(a) a sale by the special purpose vehicle professed to be in exercise of the power of sale shall operate to convey the dwelling concerned to the purchaser thereof—

(i) freed from all estates, interests and rights in respect of which the equity share has priority,

(ii) unless discharged by the special purpose vehicle, subject to all estates, interests and rights which have priority over the equity share;

(b) subject to section 51 of the Act of 1964, a conveyance by the special purpose vehicle to a purchaser vests—

(i) the entire estate or interest of the homeowner and the special purpose vehicle in the dwelling in the purchaser freed and discharged from the equity share,

(ii) any fixtures included in the dwelling and the sale in the purchaser.

(4) At any time after the power of sale becomes exercisable, the special purpose vehicle may—

(a) demand and obtain from any mortgagee whose mortgage ranks in priority to the equity share particulars of the moneys secured on such mortgage and any ancillary information reasonably necessary to exercise the power of sale, and

(b) exercise the power of sale notwithstanding any priority of such mortgage.

(5) Where a conveyance is made in professed exercise of the power of sale, the title of the purchaser is not impeachable on the ground that the power of sale was not exercisable or was improperly exercised, and a purchaser thereof is not, either before or on conveyance, required to see or inquire whether the power of sale was properly exercised.

(6) Any person who suffers loss as a consequence of an unauthorised or improper exercise of the power of sale has a remedy in damages against the special purpose vehicle exercising the power.

(7) Moneys received by the special purpose vehicle that arises from the sale of the dwelling concerned shall be applied in the following order:

(a) in discharge of prior incumbrances, if any, to which the sale was not made subject or payment into court of a sum to meet any such prior incumbrances;

(b) in payment of all charges, costs and expenses properly incurred by the special purpose vehicle as incidental to the sale or any attempted sale or otherwise;

(c) in discharge of the equity share and any costs and expenses properly incurred by the special purpose vehicle in any proceedings necessary to recover possession of the dwelling.

(8) Any residue of the money received by the special purpose vehicle after the discharge of the amount due under subsection (7)(c) shall be held by the special purpose vehicle upon the trusts provided for in section 107(3) of the Land and Conveyancing Law Reform Act 2009 and distributed accordingly.

(9) In this section—

‘Act of 1964’ means the Registration of Title Act 1964;

‘Authority’ means the Property Registration Authority;

‘dwelling’ means a dwelling in which a special purpose vehicle purchases an equity share;

‘equity share’ means an equity share referred to in section 41(1);

‘homeowner’ means the owner of a dwelling;

‘special purpose vehicle’ means a special purpose vehicle referred to in section 41(1) and, in relation to any equity share, includes a successor in title of the special purpose vehicle to such equity share.”.

87. Amendment of section 12 of Act of 2021

87. Section 12 of the Act of 2021 is amended, in subsection (7)(h)(iii), by the insertion of “or otherwise” after “in accordance with section 13”.

88. Amendment of section 13 of Act of 2021

88. Section 13 of the Act of 2021 is amended—

(a) by the substitution of the following subsection for subsection (1):

“(1) An affordable dwelling purchase arrangement shall be registrable in the Registry of Deeds as an act of the homeowner affecting the dwelling.”,

and

(b) by the substitution of the following subsection for subsection (2):

“(2) For the avoidance of doubt, the court or, subject to an appeal to the court, the Property Registration Authority may on an application to it under section 98 of the Registration of Title Act 1964 make an order or, in the case of an application to the Authority, an entry, under that section inhibiting any registration, on any folio in which an affordable dwelling or any part thereof is registered, under a disposition by, or transmission, from, the registered owner without the consent of the housing authority.”.

89. Amendment of section 16 of Act of 2021

89. Section 16 of the Act of 2021 is amended, in subsection (4), by the substitution of “confirm such redemption and effect the discharge or cancellation of any order or entry referred to in section 13(2)” for “effect the discharge or cancellation of the affordable dwelling purchase arrangement as a burden on the affordable dwelling”.

90. Amendment of section 17 of Act of 2021

90. Section 17 of the Act of 2021 is amended, in subsection (9), by the substitution of “confirm such payment and effect the discharge or cancellation of any order or entry referred to in section 13(2)” for “effect the discharge or cancellation of the affordable dwelling purchase arrangement as a burden on the affordable dwelling”.

PART 11 Amendment of Residential Tenancies Act 2004

91. **Definition (Part 11)**

91. In this Part, ‘Act of 2004’ means the Residential Tenancies Act 2004.

92. Amendment of section 34 of Act of 2004

92. Paragraphs 4(b), 5(b) and 6(b) of the Table to section 34 of the Act of 2004 are each amended—

(a) by the deletion of “the contact details requirement is complied with and”, and

(b) in subparagraph (ii), by the insertion of “1A,” after “paragraph 1,”.

93. Amendment of section 35 of Act of 2004

93. (1) Section 35 of the Act of 2004 is amended—

(a) by the deletion of subsection (5),

(b) in subsection (6), by the insertion of “not exceeding 7 days” after “reasonable period”,

This document does not substitute the official text published in the Irish Statute Book. We accept no responsibility for any inaccuracies arising from the transcription of the original into this format.

This text is published under Irish Statute Book's own terms of reuse, not a Legalize or public-domain licence. Irish Statute Book
CC-BY 4.0 (Oireachtas Open Data PSI Licence)
Contains Irish Public Sector Information licensed under the Oireachtas (Houses of the Oireachtas) Open Data PSI Licence / Creative Commons Attribution 4.0 International, sourced from https://www.irishstatutebook.ie.

Regulation of Providers of Building Works and Miscellaneous Provisions Act 2022

37. Determination of application for renewal

38. Notification of material matter to registration body

39. Continuing professional development

40. Induction course

41. Tax clearance

42. Documents to be provided by corporate bodies

43. Specification of minimum levels of indemnity

PART 6 Complaints, investigations and sanctions

44. Complaints

45. Investigations

46. Notice of investigation

47. Powers of inspectors

48. Actions to be taken by inspector on completion of investigation

49. Determination by Board

50. Appeal to appeals committee

51. Confirmation of High Court required before decision to impose major sanction takes effect

52. Appeal to High Court

53. Application to High Court to confirm decision to impose major sanction

54. Matters to be considered in determining sanction to be imposed

PART 7 Miscellaneous

55. Additional jurisdiction of appeals committee

56. Proceedings privileged

57. Restoration to register and termination of suspension

58. Publication of sanctions and convictions

59. Transitional arrangements

60. Offences and penalties

61. Liability for offences by bodies corporate

62. Application for Court order where certain convictions

63. Relationship between investigation and criminal proceedings

64. Registration body designated as competent authority for providers of building works

65. Application of section 29 of the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020

PART 8 Miscellaneous amendments of Act of 2007

66. Amendment of section 2 of Act of 2007

67. Amendment of section 17 of Act of 2007

68. Continuing professional development (Part 3)

69. Amendment of section 28 of Act of 2007

70. Amendment of section 29 of Act of 2007

71. Amendment of section 31 of Act of 2007

72. Continuing professional development (Part 4)

73. Amendment of section 42 of Act of 2007

74. Amendment of section 43 of Act of 2007

75. Amendment of section 45 of Act of 2007

76. Continuing professional development (Part 5)

77. Amendment of section 57 of Act of 2007

78. Amendment of section 71 of Act of 2007

PART 9 Amendment of Nursing Homes Support Scheme Act 2009

79. Definition (Part 9)

80. Amendment of section 3 of Act of 2009

81. Annual report relating to eligible rental income

82. Review of operation of amendments effected by Part 9 of Act of 2022

83. Government order to modify assessment of eligible rental income

84. Amendment of Schedule 1 to Act of 2009

PART 10 Amendment of Affordable Housing Act 2021

85. Interpretation - Part 10

86. Provision supplemental to section 41 of Act of 2021

87. Amendment of section 12 of Act of 2021

88. Amendment of section 13 of Act of 2021

89. Amendment of section 16 of Act of 2021

90. Amendment of section 17 of Act of 2021

PART 11 Amendment of Residential Tenancies Act 2004

91. Definition (Part 11)

92. Amendment of section 34 of Act of 2004

93. Amendment of section 35 of Act of 2004

79. **Definition (Part 9)**

91. **Definition (Part 11)**