Regulation of Providers of Building Works and Miscellaneous Provisions Act 2022

Regulation of Providers of Building Works and Miscellaneous Provisions Act 2022 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 2022 Regulation of Providers of Building Works and Miscellaneous Provisions Act 2022 Regulation of Providers of Building Works and Miscellaneous Provisions Act 2022 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán Number 15 of 2022 REGULATION OF PROVIDERS OF BUILDING WORKS AND MISCELLANEOUS PROVISIONS ACT 2022 CONTENTS PART 1 Preliminary and General Section 1. Short title and commencement 2. Interpretation 3. Provider of building works 4. Exemptions 5. Orders and regulations 6. Expenses of Minister 7. Giving of notices PART 2 Registration body 8. Appointment of registration body 9. Review and transfer of functions of registration body 10. Certain obligations and functions of registration body 11. General directive as to policy 12. Registrar 13. Staff of registration body 14. Remuneration and expenses 15. Funding for registration body 16. Accounts and audits 17. Registration body may charge and recover fees 18. Registration body may seek assistance and make rules 19. Reports 20. Code of practice 21. Inspectors PART 3 Admissions and registration board and appeals committee 22. Admissions and registration board 23. Committees of Board 24. Appeals committee 25. Miscellaneous provisions concerning Board and appeals committee PART 4 Register and competence criteria 26. Register 27. Divisions of register 28. Competence criteria 29. Eligibility for registration 30. Competent persons 31. Departure of competent person 32. Subsidiaries PART 5 Registration and practice 33. Prohibition against providing works unless registered 34. Application for registration 35. Determination of application for registration 36. Renewal of registration 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 94. Amendment of section 39A of Act of 2004 95. Amendment of section 65 of Act of 2004 96. Amendment of section 66 of Act of 2004 97. Amendment of section 67 of Act of 2004 98. Amendment of section 80 of Act of 2004 99. Collective citation, construction and commencement of Part 11 PART 12 Amendment of Housing (Regulation of Approved Housing Bodies) Act 2019 100. Amendment of section 34 of Housing (Regulation of Approved Housing Bodies) Act 2019 101. Commencement of Part 12 SCHEDULE 1 Provisions applicable to Oral Hearings conducted under section 49(3) SCHEDULE 2 Miscellaneous matters concerning Board and Appeals Committee Acts Referred to Affordable Housing Act 2021 (No. 25) Building Control Act 1990 (No. 3) Building Control Act 2007 (No. 21) Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 (No. 13) Companies Act 2014 (No. 38) Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 (No. 4) Electricity Regulation Act 1999 (No. 23) Environmental Protection Agency Act 1992 (No. 7) Ethics in Public Office Act 1995 (No. 22) Ethics in Public Office Acts 1995 and 2001 European Communities Act 1972 (No. 27) European Parliament Elections Act 1997 (No. 2) Fire Services Act 1981 (No. 30) Housing (Regulation of Approved Housing Bodies) Act 2019 (No. 47) Land and Conveyancing Law Reform Act 2009 (No. 27) Legal Services Regulation Act 2015 (No. 65) Local Government Act 2001 (No. 37) Nursing Homes Support Scheme Act 2009 (No. 15) Parent’s Leave and Benefit Act 2019 (No. 35) Petty Sessions (Ireland) Act 1851 (14 & 15 Vict., c. 93) Planning and Development Act 2000 (No. 30) Protection of the Environment Act 2003 (No. 27) Public Service Management (Recruitment and Appointments) Act 2004 (No. 33) Qualifications and Quality Assurance (Education and Training) Act 2012 (No. 28) Registration of Business Names Act 1963 (No. 30) Registration of Title Act 1964 (No. 16) Residential Tenancies Act 2004 (No. 27) Residential Tenancies Acts 2004 to 2021 Safety, Health and Welfare at Work Act 2005 (No. 10) Taxes Consolidation Act 1997 (No. 39) The Institution of Civil Engineers of Ireland (Charter Amendment) Act 1969 (No. 1) (Private) Waste Management Act 1996 (No. 10) Number 15 of 2022 REGULATION OF PROVIDERS OF BUILDING WORKS AND MISCELLANEOUS PROVISIONS ACT 2022 An Act to provide for the establishment of a register to be known in the Irish language as Clár Tionscail Foirgníochta na hÉireann and in the English language as the Construction Industry Register Ireland; to provide for appointment, by order of the Government, of a body to be the registration body to regulate providers of building works; to provide for determination by the registration body of standards and competence required of providers of building works; to cause any complaints against those providers to be investigated and adjudicated upon; to establish an appeals committee to hear and determine appeals against certain decisions of the registration body; to appoint the registration body to be the competent authority for the purposes of the European Union (Recognition of Professional Qualifications) Regulations 2017 ( S.I. No. 8 of 2017 ); to amend the Building Control Act 2007 ; to amend the Nursing Homes Support Scheme Act 2009 by providing for certain rental income of a person who is receiving care services or his or her partner under a tenancy of the principal residence of that person to be assessed at a lower rate than other income of that person; to enable the rate at which such rental income is to be assessed to be reduced or to enable such rental income to be disregarded; to amend the Residential Tenancies Act 2004 by providing for an increase of the notice period for termination of certain tenancies, to require landlords to serve a copy of any notice of termination on the Board, and to enable the Board to assist in providing contact details of tenants to landlords for the purpose of facilitating a reletting offer; to amend the Housing (Regulation of Approved Housing Bodies) Act 2019 by providing for an increase of the period permitted for an application for registration as an approved housing body; to amend the Affordable Housing Act 2021 ; and to provide for related matters. [5th July, 2022] Be it enacted by the Oireachtas as follows: PART 1 Preliminary and General Short title and commencement 1. (1) This Act may be cited as the Regulation of Providers of Building Works and Miscellaneous Provisions Act 2022. (2) Subject to subsection (3), this Act other than Parts 11 and 12 , shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions. (3) Part 9 shall come into operation on such day or days as the Minister for Health may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions. Interpretation 2. In this Act— “Act of 1981” means the Fire Services Act 1981 ; “Act of 1990” means the Building Control Act 1990 ; “Act of 1999” means the Electricity Regulation Act 1999 ; “Act of 2005” means the Safety, Health and Welfare at Work Act 2005 ; “Act of 2007” means the Building Control Act 2007 ; “Act of 2012” means the Qualifications and Quality Assurance (Education and Training) Act 2012 ; “Act of 2014” means the Companies Act 2014 ; “appeals committee” means the appeals committee established under section 24 ; “applicant” means an applicant for registration under section 34 or, as appropriate, for renewal of registration under section 36; “Board” means the admissions and registration board established under section 22 ; “building control regulations” means the building control regulations for the time being in force under section 6 of the Act of 1990; “building regulations” means the building regulations for the time being in force under section 3 of the Act of 1990; “code of practice” means a code of practice for the time being in operation under section 20 ; “committee of the Board” means a committee of the Board established under section 23 ; “company” means a company formed and registered under the Act of 2014 or an existing company within the meaning of that Act; “competence criteria” has the meaning given to it by section 28 ; “competent person” has the meaning given to it by section 30 ; “complainant” has the meaning given to it by section 44 ; “construction” means construction within the meaning of the Act of 1990; “division” means a division or, as the case may be in accordance with section 27 (2), subdivision of the register; “employee”, in relation to a provider of building works, has the same meaning as it has in the Parent’s Leave and Benefit Act 2019 ; “improper conduct” has the meaning given to it by section 44 ; “induction course” has the meaning given to it by section 40 ; “inspector” means a person appointed under section 21 to be an inspector; “investigation” means an investigation under section 45 ; “investigation report” has the meaning given to it by section 45 ; “major sanction” has the meaning given to it by section 49 ; “material matter” has the meaning given to it by section 38 ; “Minister” means the Minister for Housing, Local Government and Heritage; “minor sanction” has the meaning given to it by section 49 ; “practising barrister” has the same meaning as it has in the Legal Services Regulation Act 2015 ; “practising solicitor” has the same meaning as it has in the Legal Services Regulation Act 2015 ; “prescribed” means prescribed by regulations made by the Minister; “Professional Qualifications Regulations” means the European Union (Recognition of Professional Qualifications) Regulations 2017 ( S.I. No. 8 of 2017 ); “provider of an education and training programme” means a provider within the meaning of the Act of 2012; “provider of building works” shall be construed in accordance with section 3 ; “public body” means— (a) a Department of State, (b) the Office of the President, (c) the Office of the Attorney General, (d) the Office of the Comptroller and Auditor General, (e) the Houses of the Oireachtas Commission, (f) a local authority within the meaning of the Local Government Act 2001 , (g) the Health Service Executive, or (h) a person, body or organisation established— (i) by or under any enactment (other than the Act of 2014 or a former enactment relating to companies within the meaning of section 5 of that Act), or (ii) under the Act of 2014 or a former enactment relating to companies within the meaning of section 5 of that Act, in pursuance of powers conferred by or under another enactment, and financed wholly or partly, whether directly or indirectly, by means of moneys provided, or loans made or guaranteed, by a Minister of the Government or the issue of shares held by or on behalf of a Minister of the Government; “register” means the register established and maintained under section 26 ; “registered construction professional” means a person whose name is entered in the register for architects, register for quantity surveyors or register for building surveyors established under Part 3, 4 or 5 respectively of the Building Control Act 2007 or whose name is entered in the register kept by the Institution of Engineers of Ireland under section 7 of The Institution of Civil Engineers of Ireland (Charter Amendment) Act 1969 ; “registered person” means a person whose name is entered in the register; “Registrar” means the person appointed to be the registrar under section 12 ; “registration body” means a body appointed by order under section 8 ; “relevant environmental legislation” means the Environmental Protection Agency Act 1992 , the Waste Management Act 1996 , the Protection of the Environment Act 2003 , the European Communities (Waste Directive) Regulations 2011 ( S.I. No. 126 of 2011 ) and the European Union (Waste Directive) Regulations 2020 ( S.I. No. 323 of 2020 ); “relevant Minister” means— (a) in relation to an order under section 8 , or a nomination referred to in section 22 (5)(a), in respect of a public body other than a public body in relation to which the Minister performs functions, the Minister of the Government who performs the functions in relation to the public body, (b) in relation to a nomination referred to in section 22 (5)(b), in respect of a public body other than a public body in relation to which the Minister for Further and Higher Education, Research, Innovation and Science performs functions, the Minister of the Government who performs the functions in relation to the public body, and (c) in relation to a nomination referred to in section 22 (5)(c), in respect of a public body other than a public body in relation to which the Minister for Enterprise, Trade and Employment performs functions, the Minister of the Government who performs the functions in relation to the public body; “statutory auditor” has the same meaning as it has in the Act of 2014; “statutory audit firm” has the same meaning as it has in the Act of 2014; “subdivision” shall be construed in accordance with section 27 (2); “system of continuing professional development” has the meaning given to it by section 39 ; “works” means works within the meaning of the Act of 1990 to which the building regulations or building control regulations apply. Provider of building works 3. (1) For the purposes of this Act, any of the following persons is a provider of building works: (a) a person who engages in or holds himself, herself or itself out as, for consideration, providing or being prepared to provide works; (b) a person who engages in or holds himself, herself or itself out as, for consideration, providing or being prepared to provide works pursuant to a contract for services; (c) a person who engages in or holds himself, herself or itself out as, for consideration, building and disposing of an interest in new buildings by sale, lease or rent; (d) a person who is connected, within the meaning of section 10 of the Taxes Consolidation Act 1997 , with the person referred to in paragraph (c) as part of any arrangement in connection with the building and disposal. (2) In this Act, a person who only provides works as an employee of a provider of building works is not a provider of building works. Exemptions 4. A person who carries out the following works is not a provider of building works— (a) designated electrical works, so designated under section 9E of the Act of 1999, to a building carried out by a registered electrical contractor, within the meaning of section 9D(6) of the Act of 1999, in accordance with that Act or regulations made under it, or (b) gas works, within the meaning of section 9G of the Act of 1999, to a building carried out by a registered gas installer, within the meaning of section 9F(6) of the Act of 1999, in accordance with that Act or regulations made under it. Orders and regulations 5. (1) The Minister may by regulations provide for any matter referred to in this Act as prescribed or to be prescribed. (2) Where a provision of this Act requires or authorises the Minister to make regulations, such regulations— (a) may make different provision for different circumstances or cases, classes or types, and (b) may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the regulations. (3) Where the Government proposes to make an order under section 8 (2), a draft of the order shall be laid before each House of the Oireachtas and the order shall not be made until a resolution approving the draft has been passed by each such House. (4) Every order (other than an order made under section 1 (2)) and regulation made by the Minister under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order or regulation is passed by either such House within the next 21 days on which that House sits after the order or regulation is laid before it, the order or regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder. Expenses of Minister 6. The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Public Expenditure and Reform, be paid out of moneys provided by the Oireachtas. Giving of notices 7. (1) Subject to subsections (2) and (3), a notice that is required to be given to a person under this Act shall be in writing and addressed to the person concerned by name, and may be so given to the person in one or more than one of the following ways: (a) by delivering it to the person; (b) by leaving it at the address at which the person carries on business or ordinarily resides or, in a case in which an address for service has been furnished, at that address; (c) by sending it by post in a prepaid registered letter to the address at which the person carries on business or ordinarily resides or, in a case in which an address for service has been furnished, to that address; (d) where the address at which the person ordinarily resides cannot be ascertained by reasonable inquiry and the notice relates to land, by delivering it to a person over the age of 16 years resident or employed at the land, or by affixing it in a conspicuous position at or near the land; (e) by electronic means, in a case in which the person has given notice in writing to the person giving the notice concerned of his or her consent to the notice (or notices of a class to which the notice belongs) being given to him or her in that manner. (2) Where a notice under this Act is to be given to a person who is the owner or occupier of land and the name of the person cannot be ascertained by reasonable inquiry, it may be addressed to the person by using the words “the owner” or, as the case may require, “the occupier”. (3) For the purpose of this section, a company shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body of persons shall be deemed to be ordinarily resident at its principal office or place of business. PART 2 Registration body Appointment of registration body 8. (1) The Minister, where he or she has, in relation to a body referred to in subsection (4), taken into account the matters referred to in subsection (5), may make a request to the Government to make an order under this section. (2) The Government, having considered the request of the Minister under subsection (1), may make an order appointing the body referred to in that request to perform the functions conferred on the registration body by or under this Act. (3) The body appointed to be the registration body under subsection (2) (in this section referred to as the “registration body”), shall— (a) stand conferred with and be obliged to perform all the functions conferred on the registration body by or under this Act, (b) in so far as the body stands conferred with and obliged to perform functions under paragraph (a), be known in the Irish language as Comhlacht Clárúcháin an Tionscail Foirgníochta and in the English language as the Construction Industry Registration Body, (c) have all such powers as are necessary or expedient for the performance of its functions, and (d) be fair and independent in the performance of its functions. (4) One or more than one of the following bodies may be appointed as the registration body under subsection (2): (a) a public body that performs functions that relate to the support or promotion of expertise and standards in construction or protection and training of workers in construction; (b) a company; (c) a body corporate which is not a company, or an unincorporated body of persons, which has not fewer than 300 members, which is not an excluded body, and in the case of a body referred to paragraph (b) or (c), that— (i) has among its principal objects the support or promotion of expertise and standards in construction or protection and training of workers in construction, and (ii) has, on the date of the making of the order under subsection (2), been in existence for a continuous period of not less than 10 years. (5) Before requesting the Government to make an order under subsection (2), the Minister shall, in order to form an opinion whether a body is capable of performing functions conferred on the registration body under this Act, take into account, in relation to the body, the need for— (a) efficiency, effectiveness and economy, (b) sufficient expertise and knowledge relating to standards in construction, including development and monitoring of those standards, (c) sufficient expertise and knowledge relating to training, (d) availability of sufficient capacity and resources for the purpose of performing functions conferred on the registration body under this Act, (e) capacity, as necessary, to comply with policy of the Government or the Minister for Public Expenditure and Reform concerning remuneration, allowances or pension arrangements for the Registrar, staff of the body, Board or appeals committee, and (f) satisfactory corporate governance, accounting and internal audit structures. (6) Before requesting the Government to make an order appointing a public body referred to in subsection (4)(a), the Minister shall consult with the Minister for Public Expenditure and Reform and the relevant Minister. (7) In this section— “excluded body” means any of the following: (a) a political party, or a body that promotes a political party or candidate; (b) a body that promotes a political cause; (c) a chamber of commerce; (d) a body that promotes purposes that are— (i) unlawful, (ii) contrary to public morality, (iii) contrary to public policy, (iv) in support of terrorism or terrorist activities, whether in the State or outside the State, or (v) for the benefit of an organisation membership of which is unlawful. Review and transfer of functions of registration body 9. (1) The Minister shall appoint a person to carry out periodic inspections, reviews and audits in relation to the performance by the registration body of its functions under this Act and to furnish a report to the Minister and the person so appointed shall carry out such inspection and review and furnish such report accordingly. This report shall also be furnished to the Joint Oireachtas Committee on Housing, Local Government and Heritage. (2) Where the Minister, having considered a report furnished to him or her under subsection (1), is of the opinion that the registration body is not performing one or more than one of its functions under this Act, he or she may request the Government to make an order under section 8 (2). (3) The Minister may form the opinion referred to in subsection (2) where the registration body has failed to perform statutory functions conferred on the registration body by or under this or any other Act. (4) An order under section 8 (2) requested by the Minister under subsection (2), may include an order appointing a body (in this section referred to as an “appointed registration body”) to perform the functions conferred on the registration body referred to in subsection (2) (in this section referred to as a “transferring registration body”) which functions shall stand transferred to the appointed registration body. (5) Subject to this section, section 8 shall apply to an order referred to in subsection (2) as it applies to an order made under section 8 . (6) An order referred to in subsection (2) may provide for the coming into operation of the order on different days for different purposes or different functions. (7) Where the functions of the transferring registration body stand transferred to an appointed registration body, the functions shall no longer be under the direction, control or supervision of the transferring registration body. (8) Notwithstanding subsection (7) an order referred to in subsection (2) may provide that the transferring registration body shall continue to perform any function for a specified period and comply with any direction referred to or contained in the order as may appear to the Government, following a request by the Minister in that behalf, to be necessary or expedient. (9) Without prejudice to the generality of subsection (8), an order referred to in subsection (2) may, in relation to a function being transferred, provide for matters including— (a) transfer of records, data and information, (b) transfer of interests in land or other property, (c) enforcement and continuation in force of leases, licences or permissions, (d) enforcement and continuation in force of contracts, agreements or legal proceedings, (e) transfer of employees or employment contracts, (f) preparation of final accounts, (g) transfer of the register, (h) transfer of moneys advanced by the Minister or collected through fees, (i) construction of references to the transferring registration body as references to the appointed registration body, including references in respect of a designation under section 64 or 65 , (j) arrangements concerning the continued performance by the transferring registration body, the Board or committees of the Board of that registration body and the Registrar and an inspector appointed by that body, of particular functions in so far as they relate to matters commenced but not completed before the coming into operation of the order referred to in subsection (2), and (k) such incidental, supplementary and consequential provisions, including concerning remuneration, allowances or pension arrangements for the Registrar, staff of the body, Board or appeals committee, as appear to the Government to be necessary or expedient. Certain obligations and functions of registration body 10. (1) The registration body shall— (a) assess resources required by the registration body, the Board and the appeals committee for the purposes of performing their respective functions under this Act, (b) on receipt of a request in that behalf from the Minister, furnish to the Minister and to any other persons specified in the request any information specified in the request with respect to the performance of functions by the registration body, (c) on receipt of a request in that behalf from the Minister, for the purposes of determining the supports required of the registration body by the Board and the appeals committee, furnish to the Minister and to any other persons specified in the request any information specified in the request with respect to the performance by the Board and the appeals committee of their respective functions under this Act, (d) keep all proper and usual accounts of moneys received by the body under section 15 or 17 and expenditure of such moneys incurred by it, the Board and the appeals committee in the performance of their respective functions under this Act, and (e) furnish an auditor’s report to the Minister of an audit of accounts of the registration body, the Board and the appeals committee when requested to do so by the Minister. (2) Where the Minister is of the opinion that it is required for the improvement of standards in the provision of works, dissemination of information relating to works to providers of building works and the public or regulation of providers of building works, he or she may by order— (a) confer on the registration body such additional functions connected with the functions conferred on it by this Act or any order under this section as he or she determines, subject to such conditions (if any) as may be specified in the order, and (b) make such provision as the Minister considers necessary or expedient in respect of matters ancillary to or arising out of any of the functions referred to in paragraph (a). General directive as to policy 11. (1) The Minister, having regard to the matters specified in subsection (2), may issue a general directive as to policy (in this section referred to as a “directive”) to the registration body or the Board as the Minister considers appropriate in relation to— (a) a review of the register and provision of a report by the Board under section 27 , or (b) assessment by the Board under section 29, including assessment in relation to a division of the register in priority to an assessment in relation to another division of the register. (2) The Minister shall have regard— (a) when issuing a directive under subsection (1)(a), to the matters referred to in section 27 (4), and (b) when issuing a directive under subsection (1)(b), to the matters referred to in section 27 (4) and to the need for the orderly and timely establishment of competence criteria and the level of qualification, practical experience or both required to fulfil the competence criteria for the purposes of the correct operation of the register. (3) The Minister may amend or revoke a directive issued under subsection (1). (4) Nothing in this section shall be construed as enabling the Minister to exercise any power or control in relation to a particular application for registration or particular complaint or review before the Registrar or Board or appeal before the appeals committee. (5) The Minister shall, as soon as practicable after issuing a directive under subsection (1), or making an amendment or revocation under subsection (3), cause a copy of the directive, amendment or revocation to be laid before each House of the Oireachtas and sent to the chairperson of the Board. (6) A directive issued under subsection (1) or an amendment or revocation made under subsection (3) shall, as soon as practicable after it is issued, be published in Iris Oifigiúil. Registrar 12. (1) The registration body shall appoint a person to be the Registrar to be responsible for keeping the register and for performing the functions conferred on the Registrar by or under this Act. (2) The registration body shall, subject to section 14 , determine the terms and conditions of employment (including terms and conditions relating to remuneration, pensions and allowances for expenses) of the Registrar. (3) The Registrar shall ensure that information entered in the register is up to date and shall publish the register on a website maintained by or on behalf of the Registrar. Staff of registration body 13. (1) The registration body may appoint persons to be the staff of the body and may determine their duties. (2) The registration body, shall determine, subject to section 14 — (a) the terms and conditions of employment (including terms and conditions relating to remuneration, pensions and allowances for expenses) of staff appointed under this section, and (b) the number of staff who may be appointed. Remuneration and expenses 14. There shall be paid to the Registrar, staff of the body, chairpersons and other members of the Board, committees of the Board and the appeals committee by the registration body such remuneration, allowances for expenses and, in the case of the Registrar and staff of the body, payment of contributions to pension arrangements, as the registration body, or where the registration body is a body referred to in paragraph (a) of section 8 (4) the registration body with the consent of the Minister and the Minister for Public Expenditure and Reform, may determine and payment of such remuneration and allowances shall be made from funds at their disposal in accordance with section 15 (1) of the registration body. Funding for registration body 15. (1) The registration body shall not be required to provide funds from its resources other than those provided to it under subsection (2) and section 17 to defray expenses in respect of the performance of the functions, conferred on the body, the Board, a committee of the Board or the appeals committee by or under this Act and the carrying out of activities or provision of services by them under this Act. (2) There may, subject to such conditions if any as the Minister thinks proper, be paid to the registration body in each financial year out of moneys provided by the Oireachtas, a grant or grants of such amount or amounts as the Minister, with the consent of the Minister for Public Expenditure and Reform, and after consultation with the registration body in relation to its programme of expenditure for that year, may fix. Accounts and audits 16. (1) The registration body shall keep in such form as may be approved by the Minister, with the consent of the Minister for Public Expenditure and Reform, all proper and usual accounts and records of moneys received and expended by the Body. (2) The registration body shall, as appropriate— (a) submit, not later than 4 months after the end of the accounting period to which the accounts relate, its accounts to the Comptroller and Auditor General, (b) have appointed to it by the Minister a statutory auditor or statutory audit firm to be the statutory auditor of the registration body for the purposes of and in accordance with the Act of 2014, or (c) have appointed to it by the Minister an auditor or audit firm to perform, in relation to the registration body, functions of like effect to the functions of a statutory auditor or statutory audit firm and the Act of 2014 shall apply, subject to any necessary modifications, to that appointment. (3) Where subsection (2)(a) applies to the accounts of the registration body, within one month of the Comptroller and Auditor General issuing an audit certificate for the accounts of the registration body, a copy of— (a) the accounts, and (b) the report of the Comptroller and Auditor General on the accounts, shall be presented to the Minister who shall, as soon as may be, cause copies thereof to be laid before each House of the Oireachtas. (4) Where subsection (2)(b) or (c) applies to the accounts of the registration body, the report of the statutory auditor or auditor, as the case may be, shall be presented to the Minister by the body not more than one month after the report of the statutory auditor or auditor is certified. (5) The registration body shall publish a copy of its accounts on a website maintained by or on behalf of the body as soon as practicable after subsection (3) or, as the case may be subsection (4), has been complied with in respect of the accounts. Registration body may charge and recover fees 17. (1) The registration body shall specify fees to be charged and paid to the body in respect of the performance of functions conferred on the body, the Board, a committee of the Board and the appeals committee by or under this Act and the carrying out of activities and provision of services by any of them under this Act. (2) Without prejudice to the generality of subsection (1), the registration body shall specify fees to be fixed at a level calculated to produce an annual amount which is sufficient to discharge the capital outlay, salaries and remuneration, and any other expenses of the body, the Board, a committee of the Board and the appeals committee in the performance of functions, carrying out of activities and provision of services by any of them under this Act. (3) The Minister may, with the consent of the Minister for Public Expenditure and Reform, prescribe matters to be taken into account by the registration body in calculating— (a) when, in relation to a division, fees may be specified and charged, and (b) different fees to be specified and charged in respect of different divisions. (4) The registration body shall not specify fees under this section unless the body has consulted with and obtained the consent of the Minister. (5) Without prejudice to the generality of subsection (1), the registration body’s power to specify fees includes the power to provide for exemptions from the payment of fees or waiving, remitting or refunding fees (in whole or in part), in different circumstances or classes of circumstances or in different cases or classes of cases. (6) The registration body may recover as a simple contract debt in any court of competent jurisdiction, from the person by whom the fee is payable, any amount due and owing to the registration body in respect of a fee charged under this section. (7) Fees specified under this section shall be published by the registration body on a website maintained by or on behalf of the body. (8) This section shall apply to any fees required under this Act to be specified by the registration body. Registration body may seek assistance and make rules 18. (1) The registration body may arrange with any person to assist it, the Board or a committee of the Board, in the proper discharge of its functions. (2) The registration body shall not make an arrangement referred to in subsection (1) in respect of the discharge of the functions conferred on the appeals committee under section 50 . (3) The registration body may make rules for facilitating and discharging its functions and the functions of the Board or a committee of the Board. Reports 19. (1) The registration body shall, not later than 30 June in each year, prepare and furnish a report (in this section referred to as the “annual report”) to the Minister on the performance of its functions and the functions of the Board and the appeals committee in the previous year. (2) The Minister shall, as soon as practicable, cause copies of the annual report to be laid before each House of the Oireachtas. (3) The annual report shall be in such form and shall include such information in respect of such matters as the registration body shall think fit or as the Minister may direct. (4) The registration body may prepare and furnish such other reports to the Minister on the performance of its functions as it thinks fit. (5) The registration body shall give to the Minister such other information as the Minister may require in respect of— (a) the performance by the registration body, Board and the appeals committee of their functions and their policies in respect of such performance, (b) any document or account prepared by them, or (c) the annual report or any report referred to in subsection (4). (6) For the purposes of subsection (1), the period beginning on the date of an order under section 8 (2) and ending on the following 31 December shall be deemed to be a previous year referred to in subsection (1). (7) If, under subsection (1) and, if appropriate, subsection (6), the first annual report would relate to a period of less than 6 months, that report shall notwithstanding those subsections, relate to the activities of the registration body during that period and the financial year of the registration body immediately following that period and the registration body shall prepare and furnish to the Minister the first annual report as soon as may be, but not later than 6 months after, the end of that financial year. (8) The registration body shall publish, including on a website maintained by or on behalf of the body, its annual report in such form as it thinks fit as soon as practicable after subsection (2) has been complied with in respect of the report. (9) The registration body may publish such other reports on matters related to its activities and functions as it may from time to time consider relevant and appropriate. Code of practice 20. (1) For the purpose of the continued improvement in the professional conduct of providers of building works, the registration body may, and if so requested by the Minister shall prepare and submit to the Minister for approval, a code of practice. (2) A code of practice referred to in subsection (1) may include, as respects a provider of building works, provision in relation to any of the following: (a) advertising of services; (b) proper conduct of tenders; (c) provision of quality customer service; (d) keeping of records; (e) continuing professional development; (f) such other matters as appear to the registration body or the Minister to be necessary for the purposes of Part 4 or 5 . (3) A code of practice prepared under this section shall be approved by the Minister before it comes into operation. (4) Before approving a code of practice under this section, the Minister shall— (a) publish a notice on a website maintained by or on behalf of the Department of Housing, Local Government and Heritage and in at least one daily newspaper circulating generally in the State— (i) indicating that the registration body proposes to publish a code under this section, (ii) indicating that a draft of the code is available for inspection on that website for a period specified in the notice (being not less than 30 days beginning on the date of the publication of the notice in the newspaper), and (iii) stating that submissions in relation to the draft code may be made in writing to the registration body before a date specified in the notice (which shall be not less than 60 days beginning on the date of the publication of the notice in the newspaper), and (b) have regard to any submissions received pursuant to paragraph (a)(iii). (5) Where the registration body prepares and the Minister approves a code of practice under this section, the Minister shall cause a notice of the preparation and approval to be published in Iris Oifigiúil and the notice shall specify the date on which the code shall come into operation. (6) Subject to subsection (7), the registration body or the Minister may— (a) amend or revoke a code of practice prepared or approved under this section, or (b) withdraw approval in respect of any code of practice previously approved under this section. (7) The requirements of subsections (1) and (5) shall, with all necessary modifications, apply to a code of practice that the Minister intends to amend or revoke or in relation to which the Minister intends to withdraw his or her approval. (8) Where the registration body or the Minister amends or revokes, or the Minister withdraws his or her approval in respect of, a code of practice under this section, the Minister shall cause a notice to that effect to be published in Iris Oifigiúil specifying— (a) the code to which the amendment, revocation or withdrawal of approval, as the case may be, relates, (b) whether the code is to be amended or revoked or whether approval in relation to the code is to be withdrawn, (c) if the code is to be amended, particulars of the amendment, and (d) the date from which the amendment, revocation or withdrawal of approval, as the case may be, shall come into operation. (9) The code of practice or any amendment, revocation or notice of withdrawal of the code shall on and from the date of its coming into operation be published on the website of the registration body. (10) In this section “code of practice” includes part of a code of practice. Inspectors 21. (1) For the purposes of Part 6 the registration body may appoint— (a) such members of its staff as it thinks fit to be inspectors for such period and subject to such terms as the Board may determine, and (b) such other persons as it thinks fit to be inspectors for such period and subject to such terms (including terms as to remuneration and allowances for expenses) as the registration body may determine. (2) An inspector shall be independent in the performance of his or her functions. (3) The registration body shall not rely on any contract of service or contract for services with a person appointed under this section in any way that may affect the person’s independence in the performance of any function or power conferred on an inspector under Part 6 . (4) Subject to subsection (3), the registration body may revoke the appointment of an inspector appointed under subsection (1) whether or not the appointment was for a fixed period. (5) An appointment under subsection (1) ceases— (a) if it is revoked under subsection (4), (b) if it is for a fixed period, on the expiry of that period, or (c) if the person appointed is a member of staff of the registration body, on the person ceasing to be a member of staff. (6) Nothing in subsection (5) shall be construed so as to prevent the registration body from reappointing as an inspector a person to whom subsection (5) relates. (7) An inspector shall be furnished with a certificate of his or her appointment by the registration body. (8) When exercising a power conferred on an inspector under Part 6 the inspector shall, on request by any person thereby affected, produce the certificate or a copy of it and a form of personal identification to that person for inspection. PART 3 Admissions and registration board and appeals committee Admissions and registration board 22. (1) The registration body shall establish an admissions and registration board (in this Act referred to as the “Board”). (2) The Board shall consist of a chairperson and 10 ordinary members appointed by the Minister. (3) The chairperson of the Board shall be— (a) a former judge of the Circuit Court, High Court, Court of Appeal or Supreme Court, (b) a practising solicitor, (c) a practising barrister, or (d) a registered construction professional. (4) When appointing a person to be a member of the Board, the Minister shall be satisfied that the person has knowledge of, and expertise in relation to, one or more of the following: (a) the provision of works; (b) building control regulations; (c) building regulations; (d) construction skills, education and training; (e) the needs of consumers of construction services; (f) construction specifications and standards; (g) the maintenance of standards in professions regulated by a statutory body; (h) dealing with complaints against members of professions regulated by a statutory body. (5) Of the persons appointed to be members of the Board— (a) 2 shall be nominated by the Minister from among officers of the Minister or from members of staff of a public body referred to in paragraph (f) or, following consultation with the relevant Minister, paragraph (g) or (h) of the definition of public body, (b) 1 shall be nominated by the Minister for Further and Higher Education, Research, Innovation and Science from among officers of that Minister or from members of staff of a public body referred to in paragraph (f), (g) or (h) of the definition of public body following consultation with the relevant Minister, (c) 1 shall be nominated by the Minister for Enterprise, Trade and Employment from among officers of that Minister or from members of staff of a public body referred to in paragraph (f), (g) or (h) of the definition of public body following consultation with the relevant Minister, (d) 1 shall be nominated by the Irish Congress of Trade Unions, (e) 3 shall be nominated by the registration body, any of whom may be registered persons, but no more than one of whom shall be registered in any one division, and (f) 2 shall be appointed by the Minister on the recommendation of the Chief Executive of the Public Appointments Service after a competition for that purpose under section 47 of the Public Service Management (Recruitment and Appointments) Act 2004 has been held and the Chief Executive is satisfied that the nominees meet the criteria specified in subsection (4). (6) When nominating persons for appointment under this section, a Minister or nominating body referred to in subsection (5) shall be satisfied that his or her or its nominees meet one or more of the criteria specified in subsection (4). (7) The Minister shall, in so far as practicable, ensure an appropriate balance between men and women in the composition of the Board. (8) The Board shall be independent in the performance of its functions. (9) The Minister shall direct the registration body to provide such support of an administrative nature as the Minister considers necessary to enable the Board to perform its functions and the registration body shall comply with a direction under this subsection. (10) The Board shall furnish to the registration body information concerning the performance of the functions of the Board requested by the registration body to enable that body to determine the administrative supports required by the Board. Committees of Board 23. (1) The Board may establish one or more than one committee to assist and advise it in relation to any of its functions (in this section referred to as a “committee of the Board”). (2) The Board may delegate to a committee of the Board any of the Board’s functions which, in its opinion, can be better or more conveniently performed by the committee. (3) The Board may determine the terms of reference for a committee of the Board and may regulate the procedure and business of that committee. (4) The members of a committee of the Board shall be appointed by the Board. (5) A committee established under this section— (a) shall consist of such number of members as the Board thinks proper, (b) may include a person who is not a member of the registration body, the Board or another committee established under this section, and (c) shall not include a person who is for the time being a member of the appeals committee. (6) A member of a committee of the Board who fails to perform his or her functions may be removed at any time for stated reasons by the Board. (7) The Board may in relation to a committee of the Board— (a) appoint a person to be chairperson of the committee, and (b) at any time dissolve the committee. (8) The acts of a committee of the Board shall be subject to confirmation by the Board. Appeals committee 24. (1) There shall stand established, on the coming into operation of this section, an appeals committee to determine appeals provided for in this Act. (2) The appeals committee shall consist of a chairperson and at least 4 ordinary members appointed by the Minister, none of whom shall be a member of the Board or a committee of the Board. (3) The chairperson of the appeals committee shall be— (a) a former judge of the Circuit Court, High Court, Court of Appeal or Supreme Court, (b) a practising solicitor, (c) a practising barrister, or (d) a registered construction professional. (4) When appointing a person to be a member of the appeals committee, the Minister shall be satisfied that the person has knowledge of, and expertise in relation to, one or more of the following: (a) the provision of works; (b) building control regulations; (c) building regulations; (d) construction skills, education and training; (e) the needs of consumers of construction services; (f) construction specifications and standards; (g) the maintenance of standards in professions regulated by a statutory body; (h) dealing with complaints against members of professions regulated by a statutory body. (5) The ordinary members of the appeals committee shall be appointed by the Minister on the recommendation of the Chief Executive of the Public Appointments Service after a competition for that purpose under section 47 of the Public Service Management (Recruitment and Appointments) Act 2004 has been held and the Chief Executive is satisfied that the nominees meet the criteria specified in subsection (4). (6) The Minister shall, in so far as practicable, ensure an appropriate balance between men and women in the composition of the appeals committee. (7) The chairperson of the appeals committee may as he or she considers appropriate direct the hearing of appeals by divisions of the committee, the assignment of appeals to those divisions, and the appointment of ordinary members of the committee to be chairpersons of the divisions concerned. (8) A division of the appeals committee shall comprise at least 2 persons being the chairperson of the appeals committee or a chairperson of a division appointed under subsection (7) and an ordinary member. (9) Where a division of the appeals committee is composed of 2 persons and the appeals committee cannot reach a unanimous determination of an appeal, the appeal shall be considered by a division composed of 3 other persons. (10) The appeals committee shall be independent in the performance of its functions. (11) The appeals committee shall, subject to section 50, make rules in relation to the conduct of appeals falling to be determined by it as it considers appropriate and shall publish those rules on a website maintained by or on behalf of the appeals committee including rules relating to— (a) requirements to give notice of an appeal, (b) parties to an appeal, (c) requirements for notification of an appeal and sittings of the appeals committee, (d) documentation to be supplied to the appeals committee by the registration body, (e) ability of the appeals committee to require submission by a person of information or documentation that is necessary for the determination of an appeal, (f) dismissal of an appeal which in the opinion of the appeals committee is vexatious, frivolous, an abuse of process or without substance or foundation, (g) advising the appellant of the appellant’s right— (i) to be present at the appeals committee’s sitting, and (ii) to present his or her case in person or, at his or her own expense, through a legal representative, (h) procedures for the hearing of an appeal, (i) the examination of witnesses, (j) determination by the appeals committee as to whether or not evidence should be given under oath, (k) time limits to apply to the making and conduct of appeals, (l) submissions to the appeals committee by parties to an appeal or other persons, (m) procedures for the consolidation and hearing of two or more than two appeals together, (n) procedures for delayed or abandoned appeals, (o) procedures for the separation of appeals, (p) procedures for sittings of the appeals committee otherwise than in public, (q) procedures for imposing restrictions in relation to disclosure, during the hearing of an appeal, publication or reporting of a matter the appeals committee considers to be commercially sensitive, and (r) recording of proceedings. (12) An appeal shall be considered in public unless the chairperson of the appeals committee, or division of the committee hearing the appeal, as the case may be, of his or her own motion or on an application by or on behalf of a party to the appeal, determines that, due to the existence of special circumstances, the appeal (or part of it) should be conducted otherwise than in public. (13) The Minister shall direct the registration body to provide such support of an administrative nature as the Minister considers necessary to enable the appeals committee to perform its functions and the registration body shall comply with a direction under this subsection. (14) The appeals committee shall furnish to the registration body information concerning the performance of the functions of the appeals committee requested by the registration body to enable that body to determine the administrative supports required by the appeals committee. Miscellaneous provisions concerning Board and appeals committee 25. The provisions of Schedule 2 shall have effect in relation to the Board and the appeals committee. PART 4 Register and competence criteria Register 26. (1) The registration body shall, as soon as practicable after the commencement of this section, establish and maintain for the purposes of this Act a register of providers of building works (in this Act referred to as the “register”) to be known in the Irish language as Clár Tionscail Foirgníochta na hÉireann and in the English language as the Construction Industry Register Ireland. (2) The register shall be maintained in such form as the registration body thinks fit, including electronic form, and shall contain, in relation to each registered person— (a) the nam …