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PART 2
Registration body
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Appointment of registration body
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8. (1) The Minister, where he or she has, in relation to a body referred to in subsection (4), taken into account the matters referred to in subsection (5), may make a request to the Government to make an order under this section.
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(2) The Government, having considered the request of the Minister under subsection (1), may make an order appointing the body referred to in that request to perform the functions conferred on the registration body by or under this Act.
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(3) The body appointed to be the registration body under subsection (2) (in this section referred to as the “registration body”), shall—
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(a) stand conferred with and be obliged to perform all the functions conferred on the registration body by or under this Act,
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(b) in so far as the body stands conferred with and obliged to perform functions under paragraph (a), be known in the Irish language as Comhlacht Clárúcháin an Tionscail Foirgníochta and in the English language as the Construction Industry Registration Body,
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(c) have all such powers as are necessary or expedient for the performance of its functions, and
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(d) be fair and independent in the performance of its functions.
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(4) One or more than one of the following bodies may be appointed as the registration body under subsection (2):
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(a) a public body that performs functions that relate to the support or promotion of expertise and standards in construction or protection and training of workers in construction;
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(b) a company;
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(c) a body corporate which is not a company, or an unincorporated body of persons, which has not fewer than 300 members,
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which is not an excluded body, and in the case of a body referred to paragraph (b) or (c), that—
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(i) has among its principal objects the support or promotion of expertise and standards in construction or protection and training of workers in construction, and
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(ii) has, on the date of the making of the order under subsection (2), been in existence for a continuous period of not less than 10 years.
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(5) Before requesting the Government to make an order under subsection (2), the Minister shall, in order to form an opinion whether a body is capable of performing functions conferred on the registration body under this Act, take into account, in relation to the body, the need for—
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(a) efficiency, effectiveness and economy,
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(b) sufficient expertise and knowledge relating to standards in construction, including development and monitoring of those standards,
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(c) sufficient expertise and knowledge relating to training,
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(d) availability of sufficient capacity and resources for the purpose of performing functions conferred on the registration body under this Act,
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(e) capacity, as necessary, to comply with policy of the Government or the Minister for Public Expenditure and Reform concerning remuneration, allowances or pension arrangements for the Registrar, staff of the body, Board or appeals committee, and
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(f) satisfactory corporate governance, accounting and internal audit structures.
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(6) Before requesting the Government to make an order appointing a public body referred to in subsection (4)(a), the Minister shall consult with the Minister for Public Expenditure and Reform and the relevant Minister.
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(7) In this section—
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“excluded body” means any of the following:
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(a) a political party, or a body that promotes a political party or candidate;
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(b) a body that promotes a political cause;
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(c) a chamber of commerce;
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(d) a body that promotes purposes that are—
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(i) unlawful,
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(ii) contrary to public morality,
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(iii) contrary to public policy,
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(iv) in support of terrorism or terrorist activities, whether in the State or outside the State, or
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(v) for the benefit of an organisation membership of which is unlawful.
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