Regulation of Providers of Building Works and Miscellaneous Provisions Act 2022
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Competent persons | ||
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30. (1) Subject to this section, a provider of building works who is a person referred to in paragraph (b) of section 26 (2) may, for the purposes of section 34 or, as the case may be, section 36, rely upon any of the persons referred to in paragraph (b) of section 26 (2) or, as the case may be, an employee who holds a qualification or level of practical experience or combination of both as prescribed under section 29 (in this section referred to as a “competent person”) to fulfil the competence criteria relating to the division in which the provider applies to be or is registered in order to become or, as the case may be, remain eligible for registration in that division. | ||
(2) The Board shall consider and determine a minimum number, being not less than one, of competent persons to be recommended to the Minister as being required in order to be relied upon for registration in each division. | ||
(3) For the purpose of its recommendation under subsection (2), the Board shall have regard to the nature of the works and may determine a different minimum number of competent persons required in each division for different circumstances, cases or types of works and, for that purpose, in this section, section 31 and section 32 a reference to a division includes a reference to different circumstances, cases or types of works within a division in respect of which the Minister has prescribed under subsection (5). | ||
(4) The Board shall prepare a report for the Minister which shall contain its recommendation under subsection (2) and shall give reasons for the recommendation. | ||
(5) The Minister, having considered the report of the Board under subsection (4) may approve, or approve subject to modifications, the report and prescribe the proposed minimum number to be the minimum number of competent persons required to be relied upon by a person referred to in subsection (1) to become or, as the case may be, remain eligible for registration in each division. | ||
(6) For the purposes of subsection (1), a provider of building works who is a person referred to in paragraph (b) of section 26 (2), subject to section 31 , shall not, in relation to a division, rely on less than the minimum number of competent persons as may be prescribed under subsection (5) to fulfil the competence criteria relating to the division in which the provider applies to be or is registered. | ||
(7) A person who fails to comply with subsection (6) shall be guilty of an offence. | ||
(8) The Board shall, in relation to a division, make a recommendation under subsection (2) and prepare a report under subsection (4), at the request of the Minister, or at periodic intervals not exceeding every 5 years following the first prescribing of the minimum number of competent persons under subsection (5). | ||
(9) The registration body shall publish or cause to be published on a website maintained by or on behalf of the registration body, the number of competent persons prescribed under subsection (5) to be the minimum number of competent persons required to be relied on by a person referred to in subsection (1) to become or, as the case may be, remain eligible for registration in each division. | ||
(10) A competent person may be relied upon by a provider of building works under this section to fulfil the competence criteria and become eligible for registration in more than one division where the qualification or level of practical experience or combination of both prescribed under section 29 held by the competent person fulfils the competence criteria for each division. |