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Building Control Act 2007

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.