Regulation of Providers of Building Works and Miscellaneous Provisions Act 2022
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Determination of application for registration | ||
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35. (1) The Board shall determine an application under section 34 in accordance with rules made by the registration body under paragraph 9 of Schedule 2 and within a period of 90 days beginning on the date of receipt of the fully completed application. | ||
(2) The Board, having considered the matters referred to in paragraph (c) of section 34 (3) may refuse to register an applicant if it considers that, by reason of any conviction received by the applicant under the Act of 1981, the Act of 1990, the Act of 2005, the relevant environmental legislation or this Act, such refusal is necessary to uphold standards of competence of providers of building work. | ||
(3) The Board may— | ||
(a) grant registration where it is satisfied that the applicant is eligible for registration in a division to which the application relates, | ||
(b) grant registration subject to conditions, including conditions limiting registration to a specified class of works in a particular division, and such conditions shall apply during the period for which registration is granted or such other period as may be specified by the Board, | ||
(c) refuse registration where it is not satisfied that an applicant is eligible for registration in a division to which the application relates, or | ||
(d) where an application relates to more than one division and the Board is not satisfied that an applicant is eligible for registration in all of the divisions concerned, grant registration in any division for which the applicant is eligible for registration and refuse registration in any division for which the applicant is not eligible for registration. | ||
(4) The Board shall give notice to an applicant of the making of a decision under subsection (3) as soon as practicable after it is made, which shall, in relation to a decision under paragraph (b), (c) or (d) of subsection (3)— | ||
(a) include reasons for the decision, | ||
(b) inform the applicant that— | ||
(i) the applicant 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 applicant that the decision shall be suspended until, as the case may be— | ||
(i) the decision becomes final under subsection (5), or | ||
(ii) subject to subsection (6), the disposal of the appeal under section 50. | ||
(5) If, on the expiration of the period of 30 days beginning on the date of the notice under subsection (4), no appeal under section 50 has been made, the decision of the Board under paragraph (b), (c) or (d) of subsection (3) shall be final. | ||
(6) If, following an appeal of a decision under paragraph (b), (c) or (d) of subsection (3), the appeals committee remits the matter to the Board under section 50 (7)(b) for consideration, that decision shall be suspended until it has been reconsidered by the Board. | ||
(7) A grant of registration shall be valid for 12 months beginning on the date of a notice under subsection (4) or, as the case may be, a notice under section 50 (9) which shall include a notice that registration shall be valid for a period of 12 months from that date. | ||
(8) Without prejudice to the generality of subsection (7), where a registered person submits an application seeking registration in an additional division, such registration, if granted, shall be valid for the remainder of the 12 month period for which the registered person already holds registration in another division. | ||
(9) The Board may from time to time prepare and publish on a website maintained by or on behalf of the Board, such information and guidance as are, in the opinion of the Board, necessary to facilitate the registration process. |