Regulation of Providers of Building Works and Miscellaneous Provisions Act 2022
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Review and transfer of functions of registration body | ||
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9. (1) The Minister shall appoint a person to carry out periodic inspections, reviews and audits in relation to the performance by the registration body of its functions under this Act and to furnish a report to the Minister and the person so appointed shall carry out such inspection and review and furnish such report accordingly. This report shall also be furnished to the Joint Oireachtas Committee on Housing, Local Government and Heritage. | ||
(2) Where the Minister, having considered a report furnished to him or her under subsection (1), is of the opinion that the registration body is not performing one or more than one of its functions under this Act, he or she may request the Government to make an order under section 8 (2). | ||
(3) The Minister may form the opinion referred to in subsection (2) where the registration body has failed to perform statutory functions conferred on the registration body by or under this or any other Act. | ||
(4) An order under section 8 (2) requested by the Minister under subsection (2), may include an order appointing a body (in this section referred to as an “appointed registration body”) to perform the functions conferred on the registration body referred to in subsection (2) (in this section referred to as a “transferring registration body”) which functions shall stand transferred to the appointed registration body. | ||
(5) Subject to this section, section 8 shall apply to an order referred to in subsection (2) as it applies to an order made under section 8 . | ||
(6) An order referred to in subsection (2) may provide for the coming into operation of the order on different days for different purposes or different functions. | ||
(7) Where the functions of the transferring registration body stand transferred to an appointed registration body, the functions shall no longer be under the direction, control or supervision of the transferring registration body. | ||
(8) Notwithstanding subsection (7) an order referred to in subsection (2) may provide that the transferring registration body shall continue to perform any function for a specified period and comply with any direction referred to or contained in the order as may appear to the Government, following a request by the Minister in that behalf, to be necessary or expedient. | ||
(9) Without prejudice to the generality of subsection (8), an order referred to in subsection (2) may, in relation to a function being transferred, provide for matters including— | ||
(a) transfer of records, data and information, | ||
(b) transfer of interests in land or other property, | ||
(c) enforcement and continuation in force of leases, licences or permissions, | ||
(d) enforcement and continuation in force of contracts, agreements or legal proceedings, | ||
(e) transfer of employees or employment contracts, | ||
(f) preparation of final accounts, | ||
(g) transfer of the register, | ||
(h) transfer of moneys advanced by the Minister or collected through fees, | ||
(i) construction of references to the transferring registration body as references to the appointed registration body, including references in respect of a designation under section 64 or 65 , | ||
(j) arrangements concerning the continued performance by the transferring registration body, the Board or committees of the Board of that registration body and the Registrar and an inspector appointed by that body, of particular functions in so far as they relate to matters commenced but not completed before the coming into operation of the order referred to in subsection (2), and | ||
(k) such incidental, supplementary and consequential provisions, including concerning remuneration, allowances or pension arrangements for the Registrar, staff of the body, Board or appeals committee, as appear to the Government to be necessary or expedient. |