Regulation of Providers of Building Works and Miscellaneous Provisions Act 2022

Divisions of register

27. (1) The register shall be divided into different divisions for each of the different categories of works prescribed by the Minister following consideration by the Minister of a recommendation of the Board.

(2) A division of the register may be divided into subdivisions and a reference in this Act to a division shall be construed as including, as necessary, a reference to a subdivision.

(3) The Board shall, from time to time and at least every 5 years carry out a review of the register and prepare a report for the Minister and where the Board is of the view that any division ought to be added to, altered or removed from the register, it shall include in the report a recommendation to that effect and shall give reasons for the view.

(4) The Minister, in prescribing the divisions of the register under subsection (1), and the Board, in making a recommendation under subsection (1) or subsection (3), shall take into account the following:

(a) the design and construction of buildings;

(b) material alterations or extensions of buildings;

(c) the provision of services, fitting and equipment in, or in connection with, buildings;

(d) works not referred to in paragraph (b) or (c) ;

(e) the variety of construction methods required to carry out works;

(f) the desirability of having a competent construction industry;

(g) a deficiency, inaccuracy or inadequacy of the existing divisions of the register;

(h) advancement in building techniques;

(i) technological advancements in works;

(j) an alteration of the statutory requirements, including requirements referred to in paragraphs (a) to (f) of section 28(2) relating to works;

(k) an alteration of any industry standards including standards referred to in paragraph (h) of section 28 (2) relating to works.

(5) On receipt of a recommendation under subsection (3), the Minister may prescribe divisions of works to be added to, altered or removed from the register where, having taken into account the matters specified in subsection (4), he or she forms the view that such amendment ought to be made.

(6) Before prescribing a division under subsection (1) or an addition, alteration to a division or removal of a division under subsection (5), the Minister shall consult with—

(a) the Minister of the Government who performs functions in relation to construction or innovation, and

(b) the registration body.

(7) Before making a recommendation under subsection (3), the Board shall consult with such representatives of registered construction professionals and such other persons or bodies as the Board considers appropriate.