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21 2007

Building Control Act 2007

PART 4

Registration of Quantity Surveyors

Registration body and Admissions Board (Part 4).

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

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

(3) The registration body shall establish an Admissions Board for the purpose of registering persons under this Part.

(4) The Admissions Board shall consist of a chairperson and 7 ordinary members, the latter appointed by the registration body as follows:

(a) 3 quantity surveyors nominated for such appointment by the registration body following consultation with the bodies referred to in paragraphs (b), (c), (e) and (f) of section 29 (2);

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

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

Registration of quantity surveyors.

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

(2) Each of the following is eligible for registration in the register:

(a) a graduate of—

(i) the Dublin Institute of Technology,

(ii) the Limerick Institute of Technology, or

(iii) such other educational body as may be prescribed,

who has received from it—

(I) in any year prior to 2005, a diploma called the Construction Economic Diploma or a degree of Bachelor of Science in Quantity Surveying,

(II) in 2005 or any subsequent year, an Honours degree of Bachelor of Science in Construction Economics and Management or an Honours degree of Bachelor of Science in Construction Economics (Quantity Surveying), or

(III) such other degree, diploma or qualification as may be prescribed,

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

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

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

(d) a former fellow or member of the Architecture and Surveying Institute, Quantity Surveying Section (now merged with the Chartered Institute of Building), who has at least 5 years practical experience of performing duties commensurate with those of a quantity surveyor;

(e) a fellow or member of the Association of Building Engineers, Quantity Surveying Section, who has at least 5 years practical experience of performing duties commensurate with those of a quantity surveyor;

(f) a fellow or member of the Institution of Civil Engineering Surveyors who has at least 5 years practical experience of performing duties commensurate with those of a quantity surveyor;

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

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

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

(i) is entered into between the European Union and the World Trade Organisation, and

(ii) provides for the recognition by the states to which the agreement relates of qualifications of a class specified in the agreement;

(j) a national of a Member State who has been awarded in a Member State a qualification that the State, pursuant to a relevant measure, is obliged to recognise as corresponding to a qualification referred to in paragraph (a);

(k) a person (not being a person who is eligible for registration pursuant to section 30 ) who—

(i) has been awarded in a state, other than a Member State or a state which is a member of the World Trade Organisation, a degree, diploma or other qualification in quantity surveying, and

(ii) can demonstrate that he or she has sufficient post-graduate experience of performing duties commensurate with those of a quantity surveyor;

(l) a person who has been assessed as eligible for registration by the Technical Assessment Board in accordance with the practical experience assessment procedures.

(3) Membership of the registration body is not a prerequisite for registration in the register or continuance of registration and the same fee shall be charged for registration in the register whether or not the particular person is a member of the registration body.

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

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

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

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

(2) A person who makes an application under this section shall submit the following to the Admissions Board:

(a) an attestation of competence issued by another Member State in relation to that person;

(b) evidence of formal qualifications;

(c) where appropriate, evidence that the person has, on a full time basis, performed duties commensurate with those of a quantity surveyor for not less than 2 years during the previous 10 years.

(3) Subject to the provisions of the Directive, the Admissions Board may request additional information to be submitted by the applicant within a specified period and may require the applicant to appear for an interview if it considers it necessary.

(4) Where an interview is required, at least 4 members of the Admissions Board shall be present for the interview.

(5) The interview shall be recorded in writing or in such other form as the Admissions Board may decide, and additional information may, subsequent to the interview, be required to be submitted by the applicant to those who conducted the interview.

(6) An applicant may be accompanied at the interview by a professional advisor, including a lawyer, but any expense incurred by the applicant in being so accompanied shall be borne by the applicant.

(7) In relation to an application under this section, the Admissions Board may seek independent verification of documents furnished to it in accordance with Article 50 of the Directive.

(8) (a) The Admissions Board may require, in accordance with Article 14 of the Directive, that a person who makes an application under this section shall complete an adaptation period of up to 3 years or take an aptitude test.

(b) For that purpose, the Admissions Board shall serve a notice on the applicant stating that—

(i) the applicant may opt to complete an adaptation period or take an aptitude test (and those alternatives are referred to in subparagraph (iii) as the “2 alternatives”),

(ii) if it is an adaptation period the applicant opts to complete, that period shall be of a duration specified in the notice,

(iii) if the applicant fails to opt as between the 2 alternatives (and notify, in writing, his or her decision in that regard to the Board within a period specified for that purpose in the notice), the Board shall determine whether to require the applicant to complete an adaptation period or take an aptitude test (and, if it is an adaptation period the Board determines that it shall require the applicant to complete, the duration of that period shall be the same as the duration stated in the notice for the purposes of subparagraph (ii)), and

(iv) if the applicant fails, having been registered pursuant to this section, to complete successfully an adaptation period or take and pass an aptitude test which, by virtue of the Directive and this section—

(I) he or she has opted to complete or take and pass, or,

(II) the Admissions Board requires him or her to complete or take and pass,

the applicant’s name shall be erased from the register.

(9) The Admissions Board shall satisfy itself that the person who makes an application under this section has a knowledge of language necessary for practising quantity surveying in the State.

(10) Where the Admissions Board decides—

(a) that the applicant is eligible for registration in the register pursuant to this section, it shall take the necessary steps to register the applicant on payment of any applicable registration fee, or

(b) that—

(i) the applicant is not eligible for registration in the register pursuant to this section, or

(ii) without prejudice to subsection (8), the applicant should obtain a knowledge of language necessary for practising quantity surveying in the State,

the chairperson shall immediately send a notice in writing to the applicant, by prepaid registered post to the address of the applicant as furnished in his or her application, advising the applicant of the decision, the date on which it was made and the reasons for it.

(11) A person who is registered pursuant to this section shall—

(a) use the professional title — “quantity surveyor”, and

(b) unless he or she is a member of a body referred to in Annex 1 of the Directive, not expressly represent, or imply by use of any words or letters, that he or she is a member of that body.

(12) The Admissions Board shall make a decision on whether or not a person is eligible for registration in the register pursuant to this section as quickly as possible, and in any event (but subject to subsection (13)), within 3 months after the date of submission of the completed documentation by the applicant to the Board.

(13) If in the particular circumstances of the matter the Admissions Board determines that it is not practicable for it to make the decision referred to in subsection (12) within the period referred to in that subsection it may, by notice in writing sent, by prepaid registered post, to the applicant, extend that period once or more than once (but the period or the aggregate of the periods of such extension shall not be more than one month).

(14) (a) If it appears to the Admissions Board that a person who is registered in the register pursuant to this section—

(i) has, in a case where subsection (8) applies, failed to complete successfully an adaptation period or take and pass an aptitude test, as the case may be, mentioned in that subsection, or

(ii) has, in a case where subsection (10)(b)(ii) applies, failed to obtain the knowledge of language mentioned in that provision,

the Admissions Board shall decide that the name of the person shall be erased from the register.

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

(15) So much of the provisions of this section as have effect in cases where—

(a) the person concerned is a national of a Member State,

(b) any act or thing is done or awarded or issued in, or by a competent authority of a Member State, or

(c) a matter is provided under the law of a Member State,

shall, to the extent that the terms of these provisions would prevent the equal treatment or recognition mentioned in subsection (16) being accorded to the person mentioned in that subsection, be read subject to such modifications as will allow that equal treatment or recognition to be accorded to that person.

(16) (a) The equal treatment mentioned in subsection (15) is the equal treatment of a family member (within the meaning of Directive 2004/38 of the European Parliament and of the Council of 29 April 2004) of a national of a Member State required by Article 42(1) of that Directive.

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

Fees (Part 4).

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

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

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

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

Prohibition against using term “quantity surveyor” unless registered.

32 .— (1) A person who—

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

(b) with intent to deceive, makes use of a certificate issued under this Part to such person or any other person,

(c) makes or causes to be made, any false declaration or misrepresentation for the purpose of obtaining registration under this Part, or aids or abets such action, or

(d) practises or carries on business under any name, style or title containing the words “quantity surveyor”, unless he or she is registered under this Part,

shall be guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding €5,000 or imprisonment for a term not exceeding 12 months or both.

(2) If the contravention in respect of which a person is convicted of an offence under subsection (1) is continued after the conviction, the person shall be guilty of a further offence on every day on which the contravention continues and for each such offence the person shall be liable, on summary conviction, to a fine not exceeding €500.

(3) Subsection (1) does not prevent a body corporate, firm or partnership from carrying on business under a name, style or title containing the words “quantity surveyor” if—

(a) the business, so far as it relates to quantity surveying, is under the control and management of a registered professional, and

(b) in all premises where its business relating to quantity surveying is carried on, it is by or under the supervision of a registered professional.

(4) Paragraph (a) or (d) of subsection (1) shall not apply to a person who has—

(a) applied for registration under this Part and in respect of whom the Admissions Board or the Technical Assessment Board, as the case may be, has not made a decision on that application (and the person has not withdrawn that application to the board concerned),

(b) appealed to the Appeals Board against a decision of the Admissions Board or the Technical Assessment Board on an application referred to in paragraph (a) and in respect of whom the Appeals Board has not made a decision on that appeal (and the person has not withdrawn that appeal to the Appeals Board), or

(c) appealed to the High Court against a decision of the Appeals Board referred to in paragraph (b) and in respect of whom the High Court has not made a decision on that appeal (and the person has not withdrawn that appeal to the High Court).

(5) The registration body may by rules provide that subsection (3) shall not apply in relation to a body corporate, firm or partnership unless it has provided to the registration body such information, necessary for determining whether that subsection applies, as may be provided for in such rules.

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

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

Registrar (Part 4).

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

(2) The registration body, in addition to paying the Registrar a salary or fee, may pay a pension to the Registrar or make contributions to the payment of a pension, and may pay the Registrar allowances and expenses.

(3) The register shall be in such form, including electronic, photographic or other form, as the registration body decides.

(4) Where a person has applied for registration in accordance with this Part, if the Admissions Board is satisfied that the person is entitled to be registered, the Registrar shall enter the person’s name in the register.

(5) Where a person’s name is entered in the register, the Registrar shall send to the person a certificate stating that the person is registered.

(6) Where a person receives a certificate under subsection (5), the person shall forthwith cause the certificate to be displayed at the place where the person practises quantity surveying at all times during which his or her registration continues, but not otherwise.

(7) The Registrar shall ensure the register is kept up to date and shall make it available for inspection at the office of the Registrar during normal working hours.

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

Removal from register (Part 4).

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

(2) A person whose name has been removed from the register may apply to the Registrar to have his or her name restored to the register and, on application and payment of the specified fee, but subject to any conditions imposed by the Admissions Board with respect to such restoration, the Registrar shall restore it to the register.

(3) Where a complaint is being investigated by the Professional Conduct Committee under Part 6 in relation to a person, no application shall be entertained by the Registrar to remove the person’s name from the register until the investigation has been completed and the Committee has decided what action to take.

(4) Nothing in this section shall prevent a Professional Conduct Committee from refusing to restore a person’s name to the register on the grounds of unfitness to practise quantity surveying or attaching conditions to such restoration.

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

Technical Assessment Board (Part 4).

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

(2) The Technical Assessment Board shall consist of a chairperson and 7 ordinary members, the latter appointed by the registration body as follows:

(a) 3 quantity surveyors nominated for such appointment by the registration body following consultation with the bodies referred to in paragraphs (b), (c), (e) and (f) of section 29 (2);

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

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

Technical Assessment Board procedure (Part 4).

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

(a) a person who—

(i) on 1 January 2001 was a non-corporate member of the Chartered Institute of Building, the Architecture and Surveying Institute (now merged with the Chartered Institute of Building), the Association of Building Engineers or the Institution of Civil Engineering Surveyors, and

(ii) has been performing duties commensurate with those of a quantity surveyor for a period of 8 or more years in the State (but no period of such performance that occurs on or after the commencement of this section shall be reckoned for the purposes of this subparagraph);

(b) a person who has been performing duties commensurate with those of a quantity surveyor for a period of 10 or more years in the State (but no period of such performance that occurs on or after the commencement of this section shall be reckoned for the purposes of this paragraph).

(2) A person who makes an application under this section shall submit the following to the Technical Assessment Board:

(a) a curriculum vitae providing details of the work carried out by the applicant in the field of quantity surveying during the period referred to in paragraph (a)(ii) or, as the case may be, paragraph (b) of subsection (1); and

(b) such independent verification, as the Technical Assessment Board may require, of the documentation so submitted.

(3) The Technical Assessment Board may request additional information to be submitted by the applicant within a specified period and may require the applicant to appear for an interview if it considers it necessary.

(4) Where an interview is required, at least 4 members of the Technical Assessment Board shall be present for the interview.

(5) The interview shall be recorded in writing or in such other form as the Technical Assessment Board may decide, and additional information may, subsequent to the interview, be required to be submitted by the applicant to those who conducted the interview.

(6) An applicant may be accompanied at the interview by a professional advisor, including a lawyer, but any expense incurred by the applicant in being so accompanied shall be borne by the applicant.

(7) Where the Technical Assessment Board decides—

(a) that the applicant is eligible for registration in the register pursuant to this section, the chairperson shall advise the Admissions Board which shall take the necessary steps to register the applicant on payment of any applicable registration fee, or

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

Professional Conduct Committee (Part 4).

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

(2) The Committee shall consist of a chairperson and 11 ordinary members, the latter appointed by the registration body as follows:

(a) 5 quantity surveyors nominated for such appointment by the registration body following consultation with the bodies referred to in paragraphs (b), (c), (e) and (f) of section 29 (2);

(b) 6 persons who are not quantity surveyors—

(i) 5 of whom are nominated for such appointment by the Minister, and

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

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

Appeals Board (Part 4).

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

(2) The Appeals Board shall consist of a chairperson and 5 ordinary members, the latter appointed by the registration body as follows:

(a) 2 quantity surveyors nominated for such appointment by the registration body following consultation with the bodies referred to in paragraphs (b), (c), (e) and (f) of section 29 (2), neither of whom shall be a member of any other Board or Committee established under this Part;

(b) 3 persons who are not quantity surveyors—

(i) 2 of whom are nominated for such appointment by the Minister, and

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

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

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

Appeals procedure (Part 4).

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

(2) An appeal shall be in writing and lodged with the Appeals Board within 3 months after the date of the decision being appealed against.

(3) The appeal shall specify the decision to which the appeal relates and the grounds on which the appeal rests.

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

(5) A person may, at any time before the appeal is heard, withdraw the appeal in whole or in part by notifying the Appeals Board in writing of the withdrawal.

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

(7) The chairperson of the Appeals Board may—

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

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

(c) request the relevant Board or Committee whose decision is being appealed against to produce any documents in its possession relating to the appeal, together with its observations on the appeal,

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

(8) The procedures of the Appeals Board shall make provision for—

(a) notifying the appellant and the chairperson of the relevant Board or Committee of the date, time and place of the sitting of the Appeals Board,

(b) advising the appellant of the appellant’s right—

(i) to be present at the Appeals Board’s sitting, and

(ii) to present his or her case in person or, at his or her own expense, through a legal representative,

(c) the examination of witnesses,

(d) determination by the Appeals Board as to whether or not evidence should be given under oath,

(e) recording of proceedings.

(9) On the hearing of an appeal under this section, the Appeals Board may—

(a) confirm the decision of the relevant Board or Committee, subject to any amendment thereof the Appeals Board thinks fit,

(b) annul the decision and direct the relevant Board or Committee to make a new decision, or

(c) give such other directions as it thinks fit.

(10) The chairperson of the Appeals Board shall notify—

(a) the appellant in writing, sent by prepaid registered post to the appellant’s stated address, of the decision taken on the appeal, the date on which it was made and the reasons for it, and shall also advise the appellant of the right to appeal to the High Court against the Appeal Board’s decision,

(b) the relevant Board or Committee against whose decision the appeal was made of the decision taken on the appeal, the date on which it was made and the reasons for it,

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

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

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

(2) On the hearing of an appeal under this section, the Court may—

(a) confirm the decision of the Appeals Board, subject to any amendment thereof the Court thinks fit,

(b) annul the decision and direct the Appeals Board to make a new decision, or

(c) give such other directions as the Court thinks fit,

and the Court may direct how the costs of the appeal are to be borne.

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

Certain other jurisdiction of Appeals Board ( Part 4 ).

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

(a) unless paragraph (b) applies, the period specified in that subsection (12), or

(b) if that period has been extended under subsection (13) of that section, the period of that extension (or, if that period has been extended more than once under that subsection, the last period of such extension),

the applicant referred to in section 30 may make a complaint to the Appeals Board that such a failure has occurred.

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

(a) give a direction to the Admissions Board to make the decision concerned forthwith, or

(b) make itself a decision on the application concerned referred to in section 30 (and where the Appeals Board does so section 40 shall apply to such a decision as it applies to any other decision of the Appeals Board).