Regulation of Providers of Building Works and Miscellaneous Provisions Act 2022

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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)

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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: