Regulation of Providers of Building Works and Miscellaneous Provisions Act 2022

PART 4

Register and competence criteria

Register

26. (1) The registration body shall, as soon as practicable after the commencement of this section, establish and maintain for the purposes of this Act a register of providers of building works (in this Act referred to as the “register”) to be known in the Irish language as Clár Tionscail Foirgníochta na hÉireann and in the English language as the Construction Industry Register Ireland.

(2) The register shall be maintained in such form as the registration body thinks fit, including electronic form, and shall contain, in relation to each registered person—

(a) the names and contact details and such other identifying particulars (including a registration number) as the registration body considers appropriate,

(b) the names, in relation to a registered person that is a body corporate of the body corporate and of all persons who are the directors, managers, secretary or other officers of the body corporate or who are identified in the application concerned as acting in such capacity and, where the affairs of the body corporate are managed by its members, each person who is identified by the applicant in the application as performing functions of management in relation to the body as if he or she were a director or manager of the body corporate,

(c) the name referred to in section 42 (b) under which the registered person, with the consent of the registration body, acts as a provider of building works,

(d) the division in which the name of the registered person is entered,

(e) in relation to each division in which the registered person’s name is entered, the name or names of the competent person, or as the case may be, competent persons, identified by the registered person as fulfilling, on behalf of the registered person, the competence criteria,

(f) details of any convictions or sanctions (other than a spent conviction within the meaning of section 5 of the Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 ) imposed either within the State, or outside the State for an offence consisting of acts or omissions that, if done or made within the State, would constitute an offence, under the Act of 1981, section 17 of the Act of 1990, the Act of 2005, or the relevant environmental legislation, within the previous 10 years,

(g) details of any order under section 8 or 12 of the Act of 1990, within the previous 10 years, and

(h) such other information (including in relation to suspension of registration) as the registration body considers appropriate.

(3) The registration body shall make the register available for inspection free of charge by members of the public—

(a) in electronic form at its principal office during normal working hours, and

(b) on a website maintained by or on behalf of the registration body in such a manner that the section of the website which contains the register is readily accessible by members of the public.

(4) The registration body shall provide a copy of an entry in the register to any person on request and on payment of a fee in respect of the provision of the copy as may be specified by the body.

(5) In any legal proceedings, a certificate signed by the chairperson or a member of the Board, the Registrar or a member of the staff of the registration body authorised by the chairperson of the Board to give a certificate under this subsection, stating that the name of a person—

(a) is entered in the register or in a specified division,

(b) is not entered in the register or in a specified division,

(c) was at a specified date or during a specified period entered in the register or in a specified division,

(d) was not, at a specified date or during a specified period, entered in the register or in a specified division or was suspended from the register at that time, or

(e) has never been entered in the register,

is evidence of the matter referred to in paragraph (a), (b), (c), (d) or (e) (as the case may be) and is taken to have been signed by the person purporting to have signed it, unless the contrary is shown.

(6) A registered person shall, in relation to the entry in the register relating to the registered person, give notice to the registration body of—

(a) any error that the person knows of in the entry, and

(b) any change in circumstances that is likely to have a bearing on the accuracy of the entry,

as soon as may be after the person becomes aware of that error or change in circumstances and the registration body shall consider the notice and make any alteration to the register as it considers necessary.

(7) Where the registration body makes an alteration under subsection (6), the registration body shall, as soon as practicable thereafter, give notice of it to the registered person concerned.