Regulation of Providers of Building Works and Miscellaneous Provisions Act 2022

Subsidiaries

32. (1) A provider of building works that is a subsidiary may fulfil the competence criteria in order to become, or as the case may be, remain eligible for registration in any division by relying on a competent person of a superior company, where the superior company is a registered person.

(2) A competent person may be relied upon by more than one subsidiary of a superior company to fulfil, on behalf of any such subsidiary, the competence criteria and become eligible for registration.

(3) Where a provider of building works becomes eligible for registration under subsection (1), any written statement required to be submitted under section 34 (3)(a) or 36 (3)(a) shall be made, in respect of the provider, by the provider and the superior company.

(4) Where a provider of building works becomes or, as the case may be, remains eligible for registration under subsection (1), the Board may, following a complaint concerning the provider or the superior company or both of them made under section 44 , cause an investigation to be carried out in respect of the provider or the superior company or both of them under section 45 and any sanction imposed following such investigation may be imposed on the provider or superior company or both of them.

(5) Sections 30 and 31 shall apply to a provider of building works that is a subsidiary as they apply to a provider of building works referred to in those sections.

(6) In this section—

“subsidiary” has the same meaning as it has in the Act of 2014;

“superior company” has the same meaning as it has in section 7 of the Act of 2014.