Regulation of Providers of Building Works and Miscellaneous Provisions Act 2022
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Interpretation | ||
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2. In this Act— | ||
“Act of 1981” means the Fire Services Act 1981 ; | ||
“Act of 1990” means the Building Control Act 1990 ; | ||
“Act of 1999” means the Electricity Regulation Act 1999 ; | ||
“Act of 2005” means the Safety, Health and Welfare at Work Act 2005 ; | ||
“Act of 2007” means the Building Control Act 2007 ; | ||
“Act of 2012” means the Qualifications and Quality Assurance (Education and Training) Act 2012 ; | ||
“Act of 2014” means the Companies Act 2014 ; | ||
“appeals committee” means the appeals committee established under section 24 ; | ||
“applicant” means an applicant for registration under section 34 or, as appropriate, for renewal of registration under section 36; | ||
“Board” means the admissions and registration board established under section 22 ; | ||
“building control regulations” means the building control regulations for the time being in force under section 6 of the Act of 1990; | ||
“building regulations” means the building regulations for the time being in force under section 3 of the Act of 1990; | ||
“code of practice” means a code of practice for the time being in operation under section 20 ; | ||
“committee of the Board” means a committee of the Board established under section 23 ; | ||
“company” means a company formed and registered under the Act of 2014 or an existing company within the meaning of that Act; | ||
“competence criteria” has the meaning given to it by section 28 ; | ||
“competent person” has the meaning given to it by section 30 ; | ||
“complainant” has the meaning given to it by section 44 ; | ||
“construction” means construction within the meaning of the Act of 1990; | ||
“division” means a division or, as the case may be in accordance with section 27 (2), subdivision of the register; | ||
“employee”, in relation to a provider of building works, has the same meaning as it has in the Parent’s Leave and Benefit Act 2019 ; | ||
“improper conduct” has the meaning given to it by section 44 ; | ||
“induction course” has the meaning given to it by section 40 ; | ||
“inspector” means a person appointed under section 21 to be an inspector; | ||
“investigation” means an investigation under section 45 ; | ||
“investigation report” has the meaning given to it by section 45 ; | ||
“major sanction” has the meaning given to it by section 49 ; | ||
“material matter” has the meaning given to it by section 38 ; | ||
“Minister” means the Minister for Housing, Local Government and Heritage; | ||
“minor sanction” has the meaning given to it by section 49 ; | ||
“practising barrister” has the same meaning as it has in the Legal Services Regulation Act 2015 ; | ||
“practising solicitor” has the same meaning as it has in the Legal Services Regulation Act 2015 ; | ||
“prescribed” means prescribed by regulations made by the Minister; | ||
“Professional Qualifications Regulations” means the European Union (Recognition of Professional Qualifications) Regulations 2017 ( S.I. No. 8 of 2017 ); | ||
“provider of an education and training programme” means a provider within the meaning of the Act of 2012; | ||
“provider of building works” shall be construed in accordance with section 3 ; | ||
“public body” means— | ||
(a) a Department of State, | ||
(b) the Office of the President, | ||
(c) the Office of the Attorney General, | ||
(d) the Office of the Comptroller and Auditor General, | ||
(e) the Houses of the Oireachtas Commission, | ||
(f) a local authority within the meaning of the Local Government Act 2001 , | ||
(g) the Health Service Executive, or | ||
(h) a person, body or organisation established— | ||
(i) by or under any enactment (other than the Act of 2014 or a former enactment relating to companies within the meaning of section 5 of that Act), or | ||
(ii) under the Act of 2014 or a former enactment relating to companies within the meaning of section 5 of that Act, in pursuance of powers conferred by or under another enactment, | ||
and financed wholly or partly, whether directly or indirectly, by means of moneys provided, or loans made or guaranteed, by a Minister of the Government or the issue of shares held by or on behalf of a Minister of the Government; | ||
“register” means the register established and maintained under section 26 ; | ||
“registered construction professional” means a person whose name is entered in the register for architects, register for quantity surveyors or register for building surveyors established under Part 3, 4 or 5 respectively of the Building Control Act 2007 or whose name is entered in the register kept by the Institution of Engineers of Ireland under section 7 of The Institution of Civil Engineers of Ireland (Charter Amendment) Act 1969 ; | ||
“registered person” means a person whose name is entered in the register; | ||
“Registrar” means the person appointed to be the registrar under section 12 ; | ||
“registration body” means a body appointed by order under section 8 ; | ||
“relevant environmental legislation” means the Environmental Protection Agency Act 1992 , the Waste Management Act 1996 , the Protection of the Environment Act 2003 , the European Communities (Waste Directive) Regulations 2011 ( S.I. No. 126 of 2011 ) and the European Union (Waste Directive) Regulations 2020 ( S.I. No. 323 of 2020 ); | ||
“relevant Minister” means— | ||
(a) in relation to an order under section 8 , or a nomination referred to in section 22 (5)(a), in respect of a public body other than a public body in relation to which the Minister performs functions, the Minister of the Government who performs the functions in relation to the public body, | ||
(b) in relation to a nomination referred to in section 22 (5)(b), in respect of a public body other than a public body in relation to which the Minister for Further and Higher Education, Research, Innovation and Science performs functions, the Minister of the Government who performs the functions in relation to the public body, and | ||
(c) in relation to a nomination referred to in section 22 (5)(c), in respect of a public body other than a public body in relation to which the Minister for Enterprise, Trade and Employment performs functions, the Minister of the Government who performs the functions in relation to the public body; | ||
“statutory auditor” has the same meaning as it has in the Act of 2014; | ||
“statutory audit firm” has the same meaning as it has in the Act of 2014; | ||
“subdivision” shall be construed in accordance with section 27 (2); | ||
“system of continuing professional development” has the meaning given to it by section 39 ; | ||
“works” means works within the meaning of the Act of 1990 to which the building regulations or building control regulations apply. |