Regulation of Providers of Building Works and Miscellaneous Provisions Act 2022

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Departure of competent person

31. (1) Where a competent person relied upon for registration in a division ceases to be a person referred to in paragraph (b) of section 26 (2) or an employee of a registered person referred to in section 30 (1) the registered person shall, without prejudice to the generality of section 38 , and not later than 10 days beginning on the date of the departure give notice of the ceasing to the registration body who shall, where in respect of the minimum number of competent persons prescribed under section 30 (5), such ceasing amounts to—

(a) less than or equal to half of the minimum number, note the departure of the competent person on the division of the register and give notice from soon after receipt of the registered person’s notice to the registered person that the registered person has 6 months beginning on the date of the departure to furnish information and evidence to satisfy the registration body that a competent person is in place and of fulfilment of the prescribed competence criteria which notice shall advise the registered person that failure to do so shall result in removal from the division of the register,

(b) more than half of the minimum number, note the departure of the competent person on the division of the register and give notice from soon after receipt of the registered person’s notice to the registered person that the registered person has 3 months beginning on the date of the departure to furnish information and evidence to satisfy the registration body that a competent person is in place and of fulfilment of the prescribed competence criteria which notice shall advise the registered person that failure to do so shall result in removal from the division of the register, or

(c) all of the competent persons, immediately suspend the registered person’s entry in the division of the register and give notice from soon after receipt of the registered person’s notice to the suspended registered person of the suspension and the period which shall not exceed 4 weeks beginning on the date of the departure within which the registration body requires the suspended registered person to comply with subsection (3), which notice shall advise the registered person that failure to do so shall result in removal from the division of the register.

(2) A registered person who fails to comply with this section shall be guilty of an offence.

(3) A suspension under subsection (1)(c) shall continue until the suspended registered person furnishes, within the period specified by the registration body under subsection (1)(c), information and evidence to satisfy the registration body that the suspended registered person has a competent person in place and fulfilment of the prescribed competence criteria.

(4) If the suspended registered person does not furnish information and evidence to the registration body under subsection (3) within the period specified by the registration body under subsection (1)(c), the registration body shall advise the Board and the Board shall at the end of that period remove the suspended registered person from the division of the register.

(5) If, having considered the information and evidence provided to the registration body by—

(a) the registered person in accordance with a notice under paragraph (a) or (b) of subsection (1) the Board decides that the competent person is in place and the prescribed competence criteria are fulfilled, the note of departure of a competent person shall be removed from the division of the register, or

(b) the suspended registered person under subsection (3) the Board decides that the competent person is in place and the prescribed competence criteria are fulfilled, the name of the registered person shall be reinstated in the division of the register.

(6) If, having considered the information and evidence provided to the registration body by—

(a) the registered person in accordance with a notice under paragraph (a) or (b) of subsection (1), the Board decides that the competent person is not in place or that the registered person does not fulfil the prescribed competence criteria, the Board shall give notice to the registered person that the registered person is removed from the division of the register, or

(b) the suspended registered person under subsection (3) the Board decides that the competent person is not in place or that the registered person does not fulfil the prescribed competence criteria, the Board shall give notice to the suspended registered person that the suspended registered person is removed from the division of the register.

(7) The Board shall give notice to a registered person of a decision under subsection (6)(a) or to a suspended registered person of an intention to remove the suspended registered person from the division under subsection (4) or a decision under subsection (6)(b) as soon as practicable after the decision which shall—

(a) include reasons for the decision,

(b) inform the registered person or suspended registered person that—

(i) the registered person or suspended registered person may, under section 50 , appeal the decision, within 30 days beginning on the date of the notice, and

(ii) the appeal shall specify the grounds for the appeal,

and

(c) inform the registered person or suspended registered person that the decision shall be suspended until, as the case may be—

(i) the decision becomes final under subsection (8), or

(ii) the disposal of the appeal under section 50 .

(8) If, on the expiration of the period of 30 days beginning on the date of the notice under subsection (7), no appeal under section 50 has been made, the decision of the Board under subsection (6) shall be final.

(9) If, following an appeal of a decision under subsection (6), the appeals committee remits the matter to the Board under section 50 (7)(b) for reconsideration, that decision shall be suspended until it has been reconsidered by the Board.

(10) Subsection (1) shall apply to an applicant for registration under section 34 and where a competent person relied upon for registration in any division ceases to be a person referred to in paragraph (b) of section 26 (2) or an employee of a registered person referred to in section 30 (1) the applicant shall on that ceasing give notice to the Board of it and withdraw the application for registration.