Regulation of Providers of Building Works and Miscellaneous Provisions Act 2022

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Eligibility for registration

29. (1) The Board shall carry out an assessment to determine the level of qualification or practical experience or combination of both by which a person can fulfil the competence criteria for each division in order to be eligible for registration.

(2) An assessment under subsection (1) shall, in relation to each category of works for which a division has been prescribed under section 27 (1), include—

(a) a determination of the education and training programmes available, which, if completed by a person, would enable the person to fulfil the competence criteria required for entry of the person’s name in the division, based on—

(i) identifying each education and training programme offered by a designated awarding body or a body subject to validation or which is an award included within the National Framework of Qualifications, which is relevant to the works (in this section referred to as a “relevant programme”),

(ii) evaluating the curriculum of each relevant programme, and

(iii) evaluating the adequacy of the learning outcomes of each relevant programme against the competence criteria,

and

(b) a determination of the level of practical experience, which, if completed by a person, would enable the person to fulfil the competence criteria required for entry of the person’s name in the division, based on—

(i) an evaluation of the level of complexity of the works,

(ii) an evaluation of the degree of specialisation of the works,

(iii) consideration of any relevant programme identified as fulfilling the competence criteria under paragraph (a), and how knowledge could be acquired in practice over a period of time by completion of a sufficient quantity of works,

(iv) analysis of the level of risk to the health and safety of the individuals providing the works,

(v) analysis of the level of risk to the health and safety of individuals if works are not carried out correctly, and

(vi) an evaluation of the level of financial risk to consumers if works are not carried out correctly.

(3) Following completion of an assessment under subsection (1), the Board shall make a recommendation, which recommendation shall be accompanied by a report giving reasons for the recommendation, to the Minister in relation to the following for each division:

(a) the education and training programmes offered that enable a person to fulfil the competence criteria;

(b) the level of practical experience that enables a person to fulfil the competence criteria;

(c) where appropriate, how the competence criteria could be met through a combination of education and training programmes and practical experience.

(4) Following receipt of a recommendation under subsection (3) and subject to section 59, the Minister shall prescribe required qualifications or a level of practical experience or combination of both for registration in each division where he or she is satisfied that the relevant programme associated with such qualification, or the skills acquired in the course of such practical experience, or both, enable a person to fulfil the competence criteria for each division.

(5) Where, in the course of an assessment under subsection (1), the Board does not identify a relevant programme under subsection (2)(a)(i) in respect of a division, the Board shall proceed to make a determination under subsection (2)(b) in respect of the division.

(6) Where, in the course of an assessment under subsection (1), the Board, having identified a relevant programme under subsection (2)(a)(i) forms the view that the relevant programme would not, if completed by a provider of building works, fully satisfy the competence criteria required for entry of a person’s name in a division, shall determine how the criteria could be met through a combination of education and training programmes and practical experience and such determination shall be based upon consideration of the matters referred to in paragraphs (a) and (b) of subsection (2).

(7) An assessment under subsection (1) shall be carried out at the request of the Minister and at intervals not exceeding 5 years following the first assessment.

(8) Nothing in this section shall operate to prevent the Board from considering at any time in addition to qualifications to be determined or prescribed under this section, an education or training programme not referred to in subsection (2)(a)(i) that, in the opinion of the Board, as the case may be, would enable a person who has completed such programme, to fulfil the competence criteria for entry of the person’s name in a particular division.

(9) Without prejudice to any matter prescribed under subsection (4), a person may be eligible for registration in a division where the person has—

(a) obtained a qualification in another Member State or a third country, which is recognised under—

(i) the Professional Qualifications Regulations, or

(ii) an agreement entered into between the European Union and the World Trade Organisation, and provides for the recognition by the states to which the agreement relates of qualifications of a class specified in the agreement,

(b) completed practical experience as a provider of building works outside the State, or

(c) a combination of paragraphs (a) and (b),

which would enable the person to fulfil the competence criteria for entry in a particular division.

(10) Subsections (2)(b), (3) and (4) shall apply to a determination of the level of practical experience required to be completed by a person outside the State as they apply where the level of practical experience is required to be completed within the State.

(11) Without prejudice to any matter prescribed under subsection (4), a person who has not previously worked independently as a provider of building works may fulfil the competence criteria for each division and be eligible for registration based on work undertaken by the person at an appropriate level as an employee.

(12) This section shall operate without prejudice to the requirements of section 34 .

(13) For the purpose of performing their respective functions under this section, the Minister or the Board may consult with—

(a) Quality and Qualifications Ireland,

(b) An tSeirbhís Oideachais Leanúnaigh agus Scileanna (SOLAS),

(c) Skillnet Ireland,

(d) the Higher Education Authority,

(e) a provider of an education and training programme, and

(f) such other persons or bodies as the Minister or the Board sees fit.

(14) In this section—

“designated awarding body” has the same meaning as it has in the Act of 2012;

“education and training programme” shall be construed as a “programme of education and training” within the meaning of the Act of 2012;

“European Union” has the same meaning as it has in the European Communities Act 1972 ;

“National Framework of Qualifications” means the National Framework of Qualifications kept and maintained by Quality and Qualifications Ireland in accordance with section 43 of the Act of 2012;

“third country” means a state that is not a Member State;

“validation” has the same meaning as it has in the Act of 2012;

“World Trade Organisation” means the organisation established under the Agreement establishing the World Trade Organisation done at Marrakesh on 15 April 1994 as amended or supplemented by any protocol to that Agreement which is for the time being in force in the State.