Regulation of Providers of Building Works and Miscellaneous Provisions Act 2022

Registration body may charge and recover fees

17. (1) The registration body shall specify fees to be charged and paid to the body in respect of the performance of functions conferred on the body, the Board, a committee of the Board and the appeals committee by or under this Act and the carrying out of activities and provision of services by any of them under this Act.

(2) Without prejudice to the generality of subsection (1), the registration body shall specify fees to be fixed at a level calculated to produce an annual amount which is sufficient to discharge the capital outlay, salaries and remuneration, and any other expenses of the body, the Board, a committee of the Board and the appeals committee in the performance of functions, carrying out of activities and provision of services by any of them under this Act.

(3) The Minister may, with the consent of the Minister for Public Expenditure and Reform, prescribe matters to be taken into account by the registration body in calculating—

(a) when, in relation to a division, fees may be specified and charged, and

(b) different fees to be specified and charged in respect of different divisions.

(4) The registration body shall not specify fees under this section unless the body has consulted with and obtained the consent of the Minister.

(5) Without prejudice to the generality of subsection (1), the registration body’s power to specify fees includes the power to provide for exemptions from the payment of fees or waiving, remitting or refunding fees (in whole or in part), in different circumstances or classes of circumstances or in different cases or classes of cases.

(6) The registration body may recover as a simple contract debt in any court of competent jurisdiction, from the person by whom the fee is payable, any amount due and owing to the registration body in respect of a fee charged under this section.

(7) Fees specified under this section shall be published by the registration body on a website maintained by or on behalf of the body.

(8) This section shall apply to any fees required under this Act to be specified by the registration body.