First Previous (PART 6 Fitness to Practise )

21 2007

Building Control Act 2007

PART 7

Miscellaneous Provisions

Temporary registration under Title II of Directive.

60 .— (1) If a person intends to provide, in reliance on Article 5(2) of the Directive, architectural, quantity surveying or building surveying services in the State on a temporary and occasional basis, the person shall notify the Admissions Board of that intention and the Admissions Board shall, subject to subsection (5), on receipt of that notification, register the person in the register under Part 3 , 4 or 5 , as the case may be, for that purpose.

(2) A person who notifies the Admissions Board pursuant to subsection (1) shall, if the occasion of the notification is the first occasion on which he or she intends, on foot of such a notification, to provide architectural, quantity surveying or building surveying services, as the case may be, in the State, submit the following to the Admissions Board:

(a) a declaration of his or her intention to provide the services in accordance with Article 7 of the Directive, which declaration shall include details of insurance or other means of personal or collective protection with regard to professional liability;

(b) proof of his or her nationality;

(c) an attestation of the competent authority of the Member State where he or she is established that he or she is legally established in that state for the purposes of providing the activities concerned and is not prohibited from practising architecture, quantity surveying or building surveying, as the case may be, temporarily or otherwise, at the time of delivery of the attestation;

(d) evidence of the relevant professional qualifications; and

(e) if required by the Directive as respects an applicant who has moved from the Member State of establishment, evidence that he or she has performed functions commensurate with those of an architect, quantity surveyor or building surveyor as appropriate, in that Member State, for at least 2 of the 10 years preceding the application.

(3) If the occasion of the notification under subsection (1) is not the first occasion on which the person concerned has intended, on foot of such a notification, to provide the relevant services in the State, the Admissions Board may, if there has been a material change in the situation substantiated by any of the documentation referred to in paragraphs (b) to (d) of subsection (2), require the person to submit to it fresh documentation of the kind referred to in the paragraph or paragraphs concerned.

(4) If a period of more than 12 months has elapsed since the registration, pursuant to this section, of a person in the register under Part 3 , 4 or 5 (and the period for which the person is so registered has not expired), the Admissions Board may, unless the person does not intend to provide the relevant services in the State in the ensuing period of 12 months, require the person to make a fresh declaration of his or her intention to provide the relevant services in accordance with Article 7 of the Directive; if the person does not make such a declaration, the Admissions Board may remove the person’s name from the relevant register.

(5) (a) If a person who notifies the Admissions Board pursuant to subsection (1) fails to comply with subsection (2), or as the case may be, with a requirement under subsection (3) then, subject to paragraph (b), the Admissions Board shall decide not to register the person in the register.

(b) The Admissions Board may, at its discretion, afford the person the opportunity to remedy the failure referred to in paragraph (a), and if the person does so within a reasonable time after being afforded that opportunity, the Admissions Board shall register the person in the register.

(6) Where the applicant is registered in the register under Part 3 for a temporary period pursuant to this section, he or she shall use the title of architect while providing architectural services in the State until his or her registration ceases.

(7) Where the applicant is registered in the register under Part 4 or 5 for a temporary period pursuant to this section and is providing quantity surveying or building surveying services in the State, he or she shall—

(a) if a professional title exists for the activity or quantity surveyor or building surveyor, as the case may be, in the Member State where he or she is legally established, use that title, which shall be indicated in the official language or one of the official languages of that Member State, or

(b) if no such professional title exists in the Member State where he or she is legally established, indicate his or her formal qualification in the official language or one of the official languages of that Member State,

in a way that avoids confusion with the title of quantity surveyor or building surveyor.

(8) The Admissions Board may, in pursuance of Article 9 of the Directive, require a person who is registered in the register under Part 3 , 4 or 5 for a temporary period pursuant to this section to furnish to a person to whom he or she provides architectural, quantity surveying or building surveying services, as the case may be, in the State all or any of the information specified in that Article.

Registration body may seek assistance and make rules.

61 .— (1) Subject to subsection (2), a registration body may arrange with any person to assist it, or any other board or committee established under this Act, in the proper discharge of its or their functions.

(2) A registration body shall not make an arrangement referred to in subsection (1) as respects the discharge of the functions under section 20 , 34 , 48 or 67 or Part 6 .

(3) Subject to subsection (4), a registration body may make rules for facilitating and carrying out its functions and the functions of the other boards and committees, including the Appeals Board, provided for under this Act.

(4) Before making rules, the registration body shall publish a draft of the rules and circulate them to the board or committee affected for its comments.

Registration body may specify fees.

62 .— (1) A registration body may specify that a fee of a specified amount shall be payable to it in respect of the doing of any of the following, namely:

(a) processing applications for registration;

(b) the annual retention of a person’s name in the register;

(c) restoring a person’s name in the register after it has been erased pursuant to a provision of this Act;

(d) removing a person’s name from the register on the application of that person;

(e) entering additional qualifications, not being qualifications required for the purpose of registration, of a person in the register;

(f) issuing a certificate of registration;

(g) providing any other service which the registration body may provide.

(2) A registration body may determine that in respect of the doing of any of the things referred to in subsection (1)(a) to (g) a fee of a different amount shall be payable by reference to the different circumstances in which it is done.

(3) A fee shall not be specified in accordance with subsection (1) without the approval of the Minister.

(4) The amount of a fee specified in accordance with subsection (1) shall not in any case exceed the total of—

(a) the costs in providing the services in respect of which the fee is paid, and

(b) the reasonable costs incurred by the registration body in collecting, accounting for and administering the fee.

Additional qualifications.

63 .— (1) Subject to subsection (2) and payment of the specified fee, a person who is registered under Part 3 , 4 or 5 may apply to the registration body, in the form and manner it determines, to have an additional qualification noted in the register.

(2) The registration body shall determine what additional qualifications other than those required for registration may be noted in the register.

Regulations.

64 .— (1) The Minister may make regulations for prescribing any matter referred to in this Act as prescribed or to be prescribed, or in relation to any matter referred to in this Act as the subject of regulations.

(2) Regulations under this Act may contain such incidental, supplemental and consequential provisions as appear to the Minister to be necessary or expedient.

(3) Every regulation made 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 regulation is passed by either such House within the next 21 days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly but without prejudice to the validity of any previously done thereunder.

Correction of register.

65 .— (1) For the purpose of keeping a register provided for under this Act, the Registrar thereof shall correct all verbal and clerical errors in such register, remove therefrom all entries procured by fraud or misrepresentation, enter in the register every change which comes to the Registrar’s knowledge in the addresses of registered professionals, and remove therefrom the names of all persons whose death has either been notified to, or comes to the knowledge of, the Admissions Board.

(2) Where the Registrar takes any action under subsection (1), the Registrar shall forthwith notify the person concerned or next of kin, as the case may be, if such person can be identified, of the action taken and the reasons therefor.

Expenses of registration bodies, boards and committees, etc.

66 .— (1) Expenditure incurred by a registration body in the performance of its functions under this Act shall be defrayed by the registration body from funds at its disposal.

(2) There shall be paid to the chairpersons and other members of any board or committee established under this Act by a registration body such remuneration and allowances for expenses as the registration body may determine and payment of such remuneration and allowances shall be made from funds at the disposal of the registration body.

Prosecution of offences under this Act.

67 .— (1) Summary proceedings for an offence under Part 3 , 4 , 5 or 6 may be brought and prosecuted by the registration body.

(2) Notwithstanding section 10(4) of the Petty Sessions (Ireland) Act 1851, summary proceedings for an offence under this Act may be commenced—

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

(b) within 6 months from the date on which evidence sufficient, in the opinion of the person instituting the proceedings, to justify proceedings comes to that person’s knowledge,

whichever is later, provided that no such proceedings shall be commenced later than 5 years from the date on which the offence concerned was committed.

(3) For the purposes of this section, a certificate signed by or on behalf of the person initiating the proceedings as to the date on which evidence referred to in subsection (2)(b) came to his or her knowledge shall be evidence of that date and, in any legal proceedings a document purporting to be a certificate under this section and to be so signed shall be admitted as evidence without proof of the signature of the person purporting to sign the certificate, unless the contrary is shown.

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

Evidential value of an extract from register.

68 .— (1) In any proceedings, a certificate signed by the Registrar containing only information stated to be taken from the registration records under the control of the Registrar shall be sufficient evidence of the facts stated therein, until the contrary is shown.

(2) In any proceedings, a document purporting to be a certificate under subsection (1) shall be deemed to be such a certificate and to have been signed by the Registrar concerned, until the contrary is shown.

(3) A certificate under this section that purports to bear a facsimile of the signature of the Registrar concerned or a copy of such signature applied by means of a stamp or produced by a computer shall be deemed for the purposes of this section to have been signed by the Registrar, until the contrary is shown.

Nomination to boards or committees and elections.

69 .— (1) Subject to subsection (2), any persons nominated by a registration body for appointment by the registration body to a committee or board established under Part 3 , 4 or 5 shall be chosen for the purposes of such nomination by means of an election in accordance with bye-laws made by the body under this section.

(2) Subsection (1) does not apply to—

(a) nominations for the purposes of the first appointments made by a registration body of persons to a committee or board referred to in that subsection, or

(b) the nomination of a person by a registration body for the purposes of the person’s appointment by the body to fill a casual vacancy that arises amongst the persons the subject of those first appointments.

(3) For the purposes mentioned in subsection (1), a registration body shall, with the consent of the Minister, make bye-laws providing for the election, by persons of the following class, of persons from among that class, namely, persons who are registered or eligible to be registered under Part 3 , 4 or 5 , as the case may be (and who are not excluded from that class by virtue of bye-laws under subsection (4)).

(4) Bye-laws made by the registration body may exclude from the foregoing class any person who is not resident in the State at a specified date or who does not comply with any specified condition or requirement which the registration body considers appropriate to specify in the bye-laws for the purposes of ensuring that the bye-laws operate in a practical manner.

(5) Bye-laws under this section shall provide that the election referred to in subsection (3) shall be held by means of a ballot and in a manner specified in the bye-laws.

(6) Bye-laws under this section may provide for such supplemental, incidental and consequential matters as the registration body that makes them considers necessary or expedient, including the deeming of candidates to be elected without an election having to be held, where the number of persons validly selected as candidates in the proposed election is less than or equal to the number of vacancies in the board or committee to which the proposed election relates.

Tenure of members of boards, etc., appointed by registration body.

70 .— (1) A person appointed by a registration body to be a member of a board or committee established by it under this Act shall hold office for a period of 3 years, unless he or she sooner dies or resigns.

(2) No person appointed pursuant to a section of this Act shall hold office under that section for more than 2 consecutive terms of office.

(3) A member of a board or committee referred to in subsection (1) may resign from office by giving notice to the registration body in writing signed by him or her and the resignation shall take effect at the next meeting of the registration body.

(4) (a) Any requirement (whether as to consultation, obtaining of another’s approval or otherwise) that applies with respect to the nomination of a person for appointment to a board or committee established under this Act shall apply to the nomination of a person for appointment to fill a casual vacancy amongst the membership of the board or committee.

(b) Where the term of office of a member of a board or committee established under this Act terminates otherwise than by reason of effluxion of time, the period of office of the person appointed to fill the vacancy occasioned by that other’s ceasing to hold office shall be specified to be the unexpired period of that other’s term of office.

(5) The registration body may make rules specifying grounds (such as repeated absence from meetings or unacceptable professional conduct) on which a member of a board or committee referred to in subsection (1) may be removed from office and the procedure for such removal and for so long as rules under this subsection are in force such a member may be removed from office subject to and in accordance with the rules.

Proceedings at meetings of boards or committees.

71 .— (1) A board or committee established under this Act by a registration body shall hold such meetings as it considers necessary for the performance of its functions.

(2) The chairperson and each other member of such a board or committee shall have a vote.

(3) At a meeting of such a board or committee, the chairperson or, in the chairperson’s absence a member chosen by those present, shall chair the meeting.

(4) Every question at a meeting referred to in subsection (3) shall be determined by a majority of votes of members present and the chairperson shall have a casting vote in the event of an equal division.

(5) The quorum for such a meeting shall be—

(a) 6 members in the case of a Professional Conduct Committee, or

(b) 4 members in any other case,

of which, subject to subsection (6), the majority shall be members who were nominated for appointment as members of the board or committee, as the case may be, by the Minister.

(6) There may be reckoned for the purposes of that majority the chairperson of the board or committee, as the case may be, if he or she is present at the meeting.

(7) An Admissions Board, Technical Assessment Board, Appeals Board or Professional Conduct Committee may perform its functions whether or not there is a vacancy in its membership and none of its proceedings are invalidated by any defect in the appointment of a member to it.

Functions in relation to regulations or directives of the Council of the EU or the European Parliament.

72 .— A registration body, or a board or committee established under this Act by a registration body, shall carry out such additional functions as may be assigned to it, by regulation made by the Minister, in relation to the implementation of an act adopted by an institution of the European Communities with respect to the relevant profession.

Annual report by registration body.

73 .— (1) A registration body shall, as soon as may be after the end of each year, prepare a report of its proceedings under this Act during that year.

(2) That report shall include a copy of the body’s accounts for the year concerned in so far as they relate to its income and expenditure in respect of the performance of its functions under this Act during that year and those accounts shall be accounts that have been certified by an auditor who has been appointed to carry out an audit of them for the year concerned.

(3) As soon as may be after the preparation of such a report, the registration body shall cause—

(a) the report, with the copy of the foregoing accounts included in it, to be published, and

(b) copies of the report, with the foregoing certification in respect of those accounts included in each such copy, to be made available for purchase by members of the public.