Regulation of Providers of Building Works and Miscellaneous Provisions Act 2022

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Determination of application for renewal

37. (1) The Board may refuse an application to renew registration if the applicant has not complied with subsection (2), (3), (4) or (6) of section 36 .

(2) The Board shall determine an application under section 36 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.

(3) The Board may refuse to renew an applicant’s registration if, having considered the matters referred to in paragraph (f) of section 36(3) 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.

(4) Where it receives an application for the renewal of registration, the Board may—

(a) renew an applicant’s registration where it is satisfied that the applicant remains eligible for registration in a division to which the application relates,

(b) renew an applicant’s registration subject to conditions, including conditions limiting registration to a specified class of works in a particular division, and such conditions may apply during the period for which registration is granted or such other period as may be specified by the Board,

(c) refuse to renew an applicant’s registration where it is not satisfied that an applicant remains 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 remains eligible for registration in all of the divisions concerned, renew the applicant’s registration in any division for which the applicant remains eligible for registration and refuse to renew registration in any division for which the applicant is no longer eligible for registration.

(5) The Board shall give notice to an applicant of a decision under subsection (3) or (4) as soon as practicable after it is made, which shall, in relation to a decision under subsection (3) or paragraph (b), (c) or (d) of subsection (4)—

(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 (6), or

(ii) subject to subsection (7), the disposal of the appeal under section 50 .

(6) If, on the expiration of the period of 30 days beginning on the date of the notice under subsection (5), no appeal under section 50 has been made, the decision of the Board under paragraph (b), (c) or (d) of subsection (4) shall be final.

(7) If, following an appeal of a decision under paragraph (b), (c) or (d) of subsection (4), 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.

(8) Complaints made against a registered person shall be dealt with or continue to be dealt with under Part 6 and, accordingly, the renewal of registration under this section shall not prejudice or affect—

(a) any investigation which relates to registration of the registered person, or

(b) any legal proceedings under this Act in respect of registration of the registered person.

(9) Renewal of registration shall be valid for 12 months beginning on the date of a notice under subsection (5) or, as appropriate, a notice under section 50 (9) or 52 (6) which shall include a notice that renewal of registration shall be valid for a period of 12 months from that date.

(10) An application under this section shall only be considered in so far as it relates to a division for which the applicant was registered in the period immediately preceding the application.