Regulation of Providers of Building Works and Miscellaneous Provisions Act 2022

30. (1) Subject to this section, a provider of building works who is a person referred to in paragraph (b) of section 26(2) may, for the purposes of section 34 or, as the case may be, section 36, rely upon any of the persons referred to in paragraph (b) of section 26(2) or, as the case may be, an employee who holds a qualification or level of practical experience or combination of both as prescribed under section 29 (in this section referred to as a “competent person”) to fulfil the competence criteria relating to the division in which the provider applies to be or is registered in order to become or, as the case may be, remain eligible for registration in that division.

• (2) The Board shall consider and determine a minimum number, being not less than one, of competent persons to be recommended to the Minister as being required in order to be relied upon for registration in each division.

• (3) For the purpose of its recommendation under subsection (2), the Board shall have regard to the nature of the works and may determine a different minimum number of competent persons required in each division for different circumstances, cases or types of works and, for that purpose, in this section, section 31 and section 32 a reference to a division includes a reference to different circumstances, cases or types of works within a division in respect of which the Minister has prescribed under subsection (5).

• (4) The Board shall prepare a report for the Minister which shall contain its recommendation under subsection (2) and shall give reasons for the recommendation.

• (5) The Minister, having considered the report of the Board under subsection (4) may approve, or approve subject to modifications, the report and prescribe the proposed minimum number to be the minimum number of competent persons required to be relied upon by a person referred to in subsection (1) to become or, as the case may be, remain eligible for registration in each division.

• (6) For the purposes of subsection (1), a provider of building works who is a person referred to in paragraph (b) of section 26(2), subject to section 31, shall not, in relation to a division, rely on less than the minimum number of competent persons as may be prescribed under subsection (5) to fulfil the competence criteria relating to the division in which the provider applies to be or is registered.

• (7) A person who fails to comply with subsection (6) shall be guilty of an offence.

• (8) The Board shall, in relation to a division, make a recommendation under subsection (2) and prepare a report under subsection (4), at the request of the Minister, or at periodic intervals not exceeding every 5 years following the first prescribing of the minimum number of competent persons under subsection (5).

• (9) The registration body shall publish or cause to be published on a website maintained by or on behalf of the registration body, the number of competent persons prescribed under subsection (5) to be the minimum number of competent persons required to be relied on by a person referred to in subsection (1) to become or, as the case may be, remain eligible for registration in each division.

• (10) A competent person may be relied upon by a provider of building works under this section to fulfil the competence criteria and become eligible for registration in more than one division where the qualification or level of practical experience or combination of both prescribed under section 29 held by the competent person fulfils the competence criteria for each division.

31. Departure of competent person

31. (1) Where a competent person relied upon for registration in a division ceases to be a person referred to in paragraph (b) of section 26(2) or an employee of a registered person referred to in section 30(1) the registered person shall, without prejudice to the generality of section 38, and not later than 10 days beginning on the date of the departure give notice of the ceasing to the registration body who shall, where in respect of the minimum number of competent persons prescribed under section 30(5), such ceasing amounts to—

• (a) less than or equal to half of the minimum number, note the departure of the competent person on the division of the register and give notice from soon after receipt of the registered person’s notice to the registered person that the registered person has 6 months beginning on the date of the departure to furnish information and evidence to satisfy the registration body that a competent person is in place and of fulfilment of the prescribed competence criteria which notice shall advise the registered person that failure to do so shall result in removal from the division of the register,

• (b) more than half of the minimum number, note the departure of the competent person on the division of the register and give notice from soon after receipt of the registered person’s notice to the registered person that the registered person has 3 months beginning on the date of the departure to furnish information and evidence to satisfy the registration body that a competent person is in place and of fulfilment of the prescribed competence criteria which notice shall advise the registered person that failure to do so shall result in removal from the division of the register, or

• (c) all of the competent persons, immediately suspend the registered person’s entry in the division of the register and give notice from soon after receipt of the registered person’s notice to the suspended registered person of the suspension and the period which shall not exceed 4 weeks beginning on the date of the departure within which the registration body requires the suspended registered person to comply with subsection (3), which notice shall advise the registered person that failure to do so shall result in removal from the division of the register.

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

• (3) A suspension under subsection (1)(c) shall continue until the suspended registered person furnishes, within the period specified by the registration body under subsection (1)(c), information and evidence to satisfy the registration body that the suspended registered person has a competent person in place and fulfilment of the prescribed competence criteria.

• (4) If the suspended registered person does not furnish information and evidence to the registration body under subsection (3) within the period specified by the registration body under subsection (1)(c), the registration body shall advise the Board and the Board shall at the end of that period remove the suspended registered person from the division of the register.

• (5) If, having considered the information and evidence provided to the registration body by—

• (a) the registered person in accordance with a notice under paragraph (a) or (b) of subsection (1) the Board decides that the competent person is in place and the prescribed competence criteria are fulfilled, the note of departure of a competent person shall be removed from the division of the register, or

• (b) the suspended registered person under subsection (3) the Board decides that the competent person is in place and the prescribed competence criteria are fulfilled, the name of the registered person shall be reinstated in the division of the register.

• (6) If, having considered the information and evidence provided to the registration body by—

• (a) the registered person in accordance with a notice under paragraph (a) or (b) of subsection (1), the Board decides that the competent person is not in place or that the registered person does not fulfil the prescribed competence criteria, the Board shall give notice to the registered person that the registered person is removed from the division of the register, or

• (b) the suspended registered person under subsection (3) the Board decides that the competent person is not in place or that the registered person does not fulfil the prescribed competence criteria, the Board shall give notice to the suspended registered person that the suspended registered person is removed from the division of the register.

• (7) The Board shall give notice to a registered person of a decision under subsection (6)(a) or to a suspended registered person of an intention to remove the suspended registered person from the division under subsection (4) or a decision under subsection (6)(b) as soon as practicable after the decision which shall—

• (a) include reasons for the decision,

• (b) inform the registered person or suspended registered person that—

• (i) the registered person or suspended 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) inform the registered person or suspended registered person that the decision shall be suspended until, as the case may be—

• (i) the decision becomes final under subsection (8), or

• (ii) the disposal of the appeal under section 50.

• (8) If, on the expiration of the period of 30 days beginning on the date of the notice under subsection (7), no appeal under section 50 has been made, the decision of the Board under subsection (6) shall be final.

• (9) If, following an appeal of a decision under subsection (6), 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.

• (10) Subsection (1) shall apply to an applicant for registration under section 34 and where a competent person relied upon for registration in any division ceases to be a person referred to in paragraph (b) of section 26(2) or an employee of a registered person referred to in section 30(1) the applicant shall on that ceasing give notice to the Board of it and withdraw the application for registration.

32. Subsidiaries

32. (1) A provider of building works that is a subsidiary may fulfil the competence criteria in order to become, or as the case may be, remain eligible for registration in any division by relying on a competent person of a superior company, where the superior company is a registered person.

• (2) A competent person may be relied upon by more than one subsidiary of a superior company to fulfil, on behalf of any such subsidiary, the competence criteria and become eligible for registration.

• (3) Where a provider of building works becomes eligible for registration under subsection (1), any written statement required to be submitted under section 34(3)(a) or 36(3)(a) shall be made, in respect of the provider, by the provider and the superior company.

• (4) Where a provider of building works becomes or, as the case may be, remains eligible for registration under subsection (1), the Board may, following a complaint concerning the provider or the superior company or both of them made under section 44, cause an investigation to be carried out in respect of the provider or the superior company or both of them under section 45 and any sanction imposed following such investigation may be imposed on the provider or superior company or both of them.

• (5) Sections 30 and 31 shall apply to a provider of building works that is a subsidiary as they apply to a provider of building works referred to in those sections.

• (6) In this section—

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

“superior company” has the same meaning as it has in section 7 of the Act of 2014.

PART 5 Registration and practice

33. Prohibition against providing works unless registered

33. (1) A person shall not, unless the person is at that time a registered person—

• (a) engage as a provider of building works,

• (b) hold himself or herself or itself out as, or available as, a provider of building works, or

• (c) represent himself or herself or itself as, or available as a provider of building works by—

• (i) advertisement,

• (ii) displaying any card or other object purporting to indicate that he, she or it is entered in the register, or

• (iii) utilising the name, logo or other identifying particulars of the registration body in any manner.

• (2) A registered person shall not in relation to a category of works for which a division of the register has been prescribed under section 27(1)—

• (a) engage as a provider of building works in respect of the category unless the name of the registered person is entered in that division,

• (b) hold himself or herself or itself as, or available as a provider of building works in respect of the category unless the name of the registered person is entered in that division, or

• (c) represent himself or herself or itself as, or available as a provider of building works in respect of the category unless the name of the registered person is entered in that division by—

• (i) advertisement, or

• (ii) displaying any card or other object purporting to indicate that he or she or it is entered in that division.

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

34. Application for registration

34. (1) A person may make an application to the Board to be registered in one or more than one division (in this section referred to as an “applicant”).

• (2) An applicant shall—

• (a) apply in writing and in such form and manner as may be specified by the Board,

• (b) furnish to the Board the name, address and principal place of business of the applicant, or where the applicant is a body corporate that is a company, the name and address of the registered office of the company or in the case of an applicant that is a body corporate (other than a company) or an unincorporated body of persons, of the registered office or principal place of business of the body,

• (c) where the applicant is a body corporate, furnish to the Board the names and addresses of all persons who are the directors, managers, secretary and other officers of the body corporate or who are identified by the applicant in the application as acting in such capacity and, where the affairs of the body corporate are managed by its members, all of the persons who are identified by the applicant in the application as performing functions of management in relation to the body as if those persons were a director or manager of the body corporate,

• (d) if applicable, furnish to the Board the name referred to in section 42(b),

• (e) specify the division to which the application relates,

• (f) furnish the items and information referred to in subsection (3) and any other information that may be requested by the Board, and

• (g) pay the fee, specified by the registration body, to the Board.

• (3) An applicant shall furnish in such form and manner as may be specified by the Board—

• (a) evidence of fulfilment of the competence criteria in respect of the division to which the application relates,

• (b) evidence of compliance with section 40(3),

• (c) evidence that the applicant holds minimum levels of indemnity specified under section 43, and

• (d) a written statement of the applicant and, in the case of an applicant referred to in subsection (2)(c) of each of the persons whose names and addresses are provided under subsection (2)(c)—

• (i) confirming whether the applicant is in compliance with the provisions of the Act of 2005,

• (ii) confirming whether the applicant is in compliance with the provisions of the building regulations and building control regulations,

• (iii) confirming whether the applicant has within the last 10 years a conviction in the State for an offence specified in subsection (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 subsection (8),

• (iv) providing details of any conviction referred to in subparagraph (iii),

• (v) where the applicant is a body corporate, confirming whether each of the persons referred to in subsection (2)(c) has, in an individual capacity or in a capacity as a person referred to in subsection (2)(c), within the last 10 years a conviction in the State for an offence specified in subsection (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 subsection (8),

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

• (vii) confirming whether the applicant has within the last 10 years 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 (2)(c) 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) 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) 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.

• (6) Where the Board makes a request under subsection (5) the application to which the request relates shall not be considered further until the applicant complies with the request.

• (7) The Board shall acknowledge receipt of a fully completed application within a period of 30 days beginning on the date of receipt.

• (8) The following are the offences referred to in subparagraphs (iii) and (v) of subsection (3)(d):

• (a) an offence under the Act of 1981;

• (b) the offences referred to in section 17 of the Act of 1990;

• (c) an offence under the Act of 2005;

• (d) an offence under the relevant environmental legislation;

• (e) an offence under this Act.

35. Determination of application for registration

35. (1) The Board shall determine an application under section 34 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.

• (2) The Board, having considered the matters referred to in paragraph (c) of section 34(3) may refuse to register an applicant if 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.

• (3) The Board may—

• (a) grant registration where it is satisfied that the applicant is eligible for registration in a division to which the application relates,

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

• (c) refuse registration where it is not satisfied that an applicant is 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 is eligible for registration in all of the divisions concerned, grant registration in any division for which the applicant is eligible for registration and refuse registration in any division for which the applicant is not eligible for registration.

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

• (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

• (c) inform the applicant that the decision shall be suspended until, as the case may be—

• (i) the decision becomes final under subsection (5), or

• (ii) subject to subsection (6), the disposal of the appeal under section 50.

• (5) If, on the expiration of the period of 30 days beginning on the date of the notice under subsection (4), no appeal under section 50 has been made, the decision of the Board under paragraph (b), (c) or (d) of subsection (3) shall be final.

• (6) If, following an appeal of a decision under paragraph (b), (c) or (d) of subsection (3), the appeals committee remits the matter to the Board under section 50(7)(b) for consideration, that decision shall be suspended until it has been reconsidered by the Board.

• (7) A grant of registration shall be valid for 12 months beginning on the date of a notice under subsection (4) or, as the case may be, a notice under section 50(9) which shall include a notice that registration shall be valid for a period of 12 months from that date.

• (8) Without prejudice to the generality of subsection (7), where a registered person submits an application seeking registration in an additional division, such registration, if granted, shall be valid for the remainder of the 12 month period for which the registered person already holds registration in another division.

• (9) The Board may from time to time prepare and publish on a website maintained by or on behalf of the Board, such information and guidance as are, in the opinion of the Board, necessary to facilitate the registration process.

36. Renewal of registration

36. (1) Subject to this section, a registered person’s entry in any division may be renewed by the Board.

• (2) A registered person who applies for renewal of registration under this section (in this section referred to as an “applicant”) shall—

• (a) apply in writing and in such form and manner as may be specified by the Board,

• (b) apply on a date no later than 6 weeks prior to and ending on the date of expiration of the period of validity, under section 35(7), of the registration to which the application for renewal relates,

• (c) furnish all additional documents or information as may be requested by the Board, and

• (d) pay the fee, specified by the registration body, to the Board.

• (3) An applicant shall furnish in such form and manner as may be specified by the Board—

• (a) confirmation of the name, address and principal place of business of the applicant, or where the applicant is a body corporate that is a company, the name and address of the registered office of the company or in the case of an applicant that is a body corporate (other than a company) or an unincorporated body of persons, of the registered office or principal place of business of the body,

• (b) where the applicant is a body corporate, confirmation of the names and addresses of all the persons referred to in section 34(2)(c),

• (c) if applicable, confirmation of the name referred to in section 42(b),

• (d) evidence of compliance with the requirements of the system of continuing professional development for the previous year and a written proposal for compliance with those requirements for the next year,

• (e) evidence that the applicant continues to hold minimum levels of indemnity specified under section 43, and

• (f) a written statement of the applicant and, in the case of an applicant referred to in paragraph (b) of each of the persons whose names and addresses are provided under paragraph (b) —

• (i) confirming whether the applicant is in compliance with the provisions of the Act of 2005,

• (ii) confirming whether the applicant is in compliance with the provisions of the building regulations and building control regulations,

• (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

• (c) inform the applicant that the decision shall be suspended until, as the case may be—

• (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,

• (c) the procedures of the Board and the appeals committee under this Act,

• (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;

• (c) failure to notify the registration body of a material matter under section 38;

• (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

• (c) if paragraph (a)(ii) is applicable, stating—

• (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

• (c) in the case of an investigation referred to in paragraph (a) or (b) —

• (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,

or

• (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

• (c) otherwise obstructs or hinders an inspector in the performance of functions imposed under this Act,

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.

• (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 subsection (2)(a) shall be final.

• (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,

• (c) the removal of a registered person from a particular division,

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

“minor sanctions” means—

• (a) advice,

• (b) a reprimand,

• (c) a caution, or

• (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

• (c) whether the sanction upheld or imposed by the appeals committee was appropriate and proportionate.

• (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.