Regulation of Providers of Building Works and Miscellaneous Provisions Act 2022

Appeals committee

24. (1) There shall stand established, on the coming into operation of this section, an appeals committee to determine appeals provided for in this Act.

(2) The appeals committee shall consist of a chairperson and at least 4 ordinary members appointed by the Minister, none of whom shall be a member of the Board or a committee of the Board.

(3) The chairperson of the appeals committee shall be—

(a) a former judge of the Circuit Court, High Court, Court of Appeal or Supreme Court,

(b) a practising solicitor,

(c) a practising barrister, or

(d) a registered construction professional.

(4) When appointing a person to be a member of the appeals committee, the Minister shall be satisfied that the person has knowledge of, and expertise in relation to, one or more of the following:

(a) the provision of works;

(b) building control regulations;

(c) building regulations;

(d) construction skills, education and training;

(e) the needs of consumers of construction services;

(f) construction specifications and standards;

(g) the maintenance of standards in professions regulated by a statutory body;

(h) dealing with complaints against members of professions regulated by a statutory body.

(5) The ordinary members of the appeals committee shall be appointed by the Minister on the recommendation of the Chief Executive of the Public Appointments Service after a competition for that purpose under section 47 of the Public Service Management (Recruitment and Appointments) Act 2004 has been held and the Chief Executive is satisfied that the nominees meet the criteria specified in subsection (4).

(6) The Minister shall, in so far as practicable, ensure an appropriate balance between men and women in the composition of the appeals committee.

(7) The chairperson of the appeals committee may as he or she considers appropriate direct the hearing of appeals by divisions of the committee, the assignment of appeals to those divisions, and the appointment of ordinary members of the committee to be chairpersons of the divisions concerned.

(8) A division of the appeals committee shall comprise at least 2 persons being the chairperson of the appeals committee or a chairperson of a division appointed under subsection (7) and an ordinary member.

(9) Where a division of the appeals committee is composed of 2 persons and the appeals committee cannot reach a unanimous determination of an appeal, the appeal shall be considered by a division composed of 3 other persons.

(10) The appeals committee shall be independent in the performance of its functions.

(11) The appeals committee shall, subject to section 50, make rules in relation to the conduct of appeals falling to be determined by it as it considers appropriate and shall publish those rules on a website maintained by or on behalf of the appeals committee including rules relating to—

(a) requirements to give notice of an appeal,

(b) parties to an appeal,

(c) requirements for notification of an appeal and sittings of the appeals committee,

(d) documentation to be supplied to the appeals committee by the registration body,

(e) ability of the appeals committee to require submission by a person of information or documentation that is necessary for the determination of an appeal,

(f) dismissal of an appeal which in the opinion of the appeals committee is vexatious, frivolous, an abuse of process or without substance or foundation,

(g) advising the appellant of the appellant’s right—

(i) to be present at the appeals committee’s sitting, and

(ii) to present his or her case in person or, at his or her own expense, through a legal representative,

(h) procedures for the hearing of an appeal,

(i) the examination of witnesses,

(j) determination by the appeals committee as to whether or not evidence should be given under oath,

(k) time limits to apply to the making and conduct of appeals,

(l) submissions to the appeals committee by parties to an appeal or other persons,

(m) procedures for the consolidation and hearing of two or more than two appeals together,

(n) procedures for delayed or abandoned appeals,

(o) procedures for the separation of appeals,

(p) procedures for sittings of the appeals committee otherwise than in public,

(q) procedures for imposing restrictions in relation to disclosure, during the hearing of an appeal, publication or reporting of a matter the appeals committee considers to be commercially sensitive, and

(r) recording of proceedings.

(12) An appeal shall be considered in public unless the chairperson of the appeals committee, or division of the committee hearing the appeal, as the case may be, of his or her own motion or on an application by or on behalf of a party to the appeal, determines that, due to the existence of special circumstances, the appeal (or part of it) should be conducted otherwise than in public.

(13) The Minister shall direct the registration body to provide such support of an administrative nature as the Minister considers necessary to enable the appeals committee to perform its functions and the registration body shall comply with a direction under this subsection.

(14) The appeals committee shall furnish to the registration body information concerning the performance of the functions of the appeals committee requested by the registration body to enable that body to determine the administrative supports required by the appeals committee.