Regulation of Providers of Building Works and Miscellaneous Provisions Act 2022

Code of practice

20. (1) For the purpose of the continued improvement in the professional conduct of providers of building works, the registration body may, and if so requested by the Minister shall prepare and submit to the Minister for approval, a code of practice.

(2) A code of practice referred to in subsection (1) may include, as respects a provider of building works, provision in relation to any of the following:

(a) advertising of services;

(b) proper conduct of tenders;

(c) provision of quality customer service;

(d) keeping of records;

(e) continuing professional development;

(f) such other matters as appear to the registration body or the Minister to be necessary for the purposes of Part 4 or 5 .

(3) A code of practice prepared under this section shall be approved by the Minister before it comes into operation.

(4) Before approving a code of practice under this section, the Minister shall—

(a) publish a notice on a website maintained by or on behalf of the Department of Housing, Local Government and Heritage and in at least one daily newspaper circulating generally in the State—

(i) indicating that the registration body proposes to publish a code under this section,

(ii) indicating that a draft of the code is available for inspection on that website for a period specified in the notice (being not less than 30 days beginning on the date of the publication of the notice in the newspaper), and

(iii) stating that submissions in relation to the draft code may be made in writing to the registration body before a date specified in the notice (which shall be not less than 60 days beginning on the date of the publication of the notice in the newspaper),

and

(b) have regard to any submissions received pursuant to paragraph (a)(iii).

(5) Where the registration body prepares and the Minister approves a code of practice under this section, the Minister shall cause a notice of the preparation and approval to be published in Iris Oifigiúil and the notice shall specify the date on which the code shall come into operation.

(6) Subject to subsection (7), the registration body or the Minister may—

(a) amend or revoke a code of practice prepared or approved under this section, or

(b) withdraw approval in respect of any code of practice previously approved under this section.

(7) The requirements of subsections (1) and (5) shall, with all necessary modifications, apply to a code of practice that the Minister intends to amend or revoke or in relation to which the Minister intends to withdraw his or her approval.

(8) Where the registration body or the Minister amends or revokes, or the Minister withdraws his or her approval in respect of, a code of practice under this section, the Minister shall cause a notice to that effect to be published in Iris Oifigiúil specifying—

(a) the code to which the amendment, revocation or withdrawal of approval, as the case may be, relates,

(b) whether the code is to be amended or revoked or whether approval in relation to the code is to be withdrawn,

(c) if the code is to be amended, particulars of the amendment, and

(d) the date from which the amendment, revocation or withdrawal of approval, as the case may be, shall come into operation.

(9) The code of practice or any amendment, revocation or notice of withdrawal of the code shall on and from the date of its coming into operation be published on the website of the registration body.

(10) In this section “code of practice” includes part of a code of practice.