Regulation of Providers of Building Works and Miscellaneous Provisions Act 2022

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Renewal of registration

36. (1) Subject to this section, a registered person’s entry in any division may be renewed by the Board.

(2) A registered person who applies for renewal of registration under this section (in this section referred to as an “applicant”) shall—

(a) apply in writing and in such form and manner as may be specified by the Board,

(b) apply on a date no later than 6 weeks prior to and ending on the date of expiration of the period of validity, under section 35 (7), of the registration to which the application for renewal relates,

(c) furnish all additional documents or information as may be requested by the Board, and

(d) pay the fee, specified by the registration body, to the Board.

(3) An applicant shall furnish in such form and manner as may be specified by the Board—

(a) confirmation of the name, address and principal place of business of the applicant, or where the applicant is a body corporate that is a company, the name and address of the registered office of the company or in the case of an applicant that is a body corporate (other than a company) or an unincorporated body of persons, of the registered office or principal place of business of the body,

(b) where the applicant is a body corporate, confirmation of the names and addresses of all the persons referred to in section 34 (2)(c),

(c) if applicable, confirmation of the name referred to in section 42 (b),

(d) evidence of compliance with the requirements of the system of continuing professional development for the previous year and a written proposal for compliance with those requirements for the next year,

(e) evidence that the applicant continues to hold minimum levels of indemnity specified under section 43 , and

(f) a written statement of the applicant and, in the case of an applicant referred to in paragraph (b) of each of the persons whose names and addresses are provided under paragraph (b) —

(i) confirming whether the applicant is in compliance with the provisions of the Act of 2005,

(ii) confirming whether the applicant is in compliance with the provisions of the building regulations and building control regulations,

(iii) confirming whether the applicant has, since the date of registration, a conviction in the State for an offence specified in section 34(8) (other than a spent conviction within the meaning of section 5 of the Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 ) or a conviction outside the State for an offence consisting of acts or omissions that, if done or made in the State, would constitute an offence referred to in section 34(8),

(iv) providing details of any conviction under subparagraph (iii),

(v) where the applicant is a body corporate, confirming whether each of the persons referred to in section 34 (2)(c) has, in an individual capacity or in a capacity as any person referred to in section 34 (2)(c) since the date of registration, a conviction in the State for an offence specified in section 34 (8) (other than a spent conviction within the meaning of section 5 of the Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 ) or a conviction outside the State for an offence consisting of acts or omissions that, if done or made in the State, would constitute an offence referred to in section 34 (8),

(vi) providing details of any conviction referred to in subparagraph (v),

(vii) confirming whether the applicant has, since the date of registration, been the subject of an order under section 8 or 12 of the Act of 1990, and

(viii) providing details of any order referred to in subparagraph (vii).

(4) An applicant that is referred to in subsection (3)(b) who relies upon a competent person shall furnish the following to the Board:

(a) the name or names of the competent person or persons;

(b) written confirmation from the competent person that he or she consents to being relied upon as a competent person; and

(c) where the competent person has not previously been relied upon by the registered person, evidence of the qualifications or practical experience or both of the competent person to fulfil the competence criteria in the division to which the application relates.

(5) Subject to section 37 , where an application under this section is not determined by the Board before the expiration of the period of validity, under section 35(6) of the registration, then, the registration shall continue in force until the application has been so determined.

(6) The Board may request the applicant to furnish additional documents or information and may seek independent verification of any document or information furnished by an applicant under this section.

(7) Where the Board makes a request under subsection (6), the application to which the request relates shall not be considered further until the applicant complies with the request.