Regulation of Providers of Building Works and Miscellaneous Provisions Act 2022

Investigations

45. (1) Subject to subsection (2) of section 44 , the Board—

(a) shall, on receipt of a complaint referred to it under section 44 , or may of its own volition, cause such investigation as it thinks fit to be carried out under this Part, and

(b) for the purposes of the investigation, shall appoint an inspector, subject to such terms as the Board thinks fit—

(i) to carry out the investigation, and

(ii) to submit to the Board an investigation report following the completion of the investigation.

(2) The Board may appoint more than one inspector to carry out an investigation but, in any such case, the investigation report concerned shall be prepared jointly by the inspectors so appointed and the other provisions of this Act shall, with all necessary modifications, be construed accordingly.

(3) The terms of appointment of an inspector may define the scope of the investigation to be carried out by the inspector, whether as respects the matters or the period to which it is to extend or otherwise, and in particular may limit the investigation to matters connected with particular circumstances.

(4) Where a complaint is withdrawn by a complainant before the investigation report which relates to the complaint has been submitted to the Board under section 49 , the Board may proceed as if the complaint had not been withdrawn if it is satisfied that there is good and sufficient reason for so doing.

(5) Where the Board proceeds under subsection (4) as if a complaint had not been withdrawn, the Board shall inform the complainant and the investigation concerned shall thereupon be treated as an investigation initiated by the Board of its own volition, and the other provisions of this Act shall be construed accordingly.

(6) In this section, “investigation report”, in relation to an investigation, means a report in writing prepared, following the completion of the investigation, by the inspector appointed under subsection (1)(b) to carry out the investigation—

(a) stating that the inspector is, as appropriate—

(i) satisfied that improper conduct by the registered person the subject of the investigation has occurred or is occurring, or

(ii) not so satisfied,

(b) if paragraph (a)(i) is applicable, stating the grounds on which the inspector is so satisfied, and

(c) if paragraph (a)(ii) is applicable, stating—

(i) the grounds on which the inspector is not so satisfied, and

(ii) the inspector’s opinion, in view of such grounds, on whether or not a further investigation of the registered person is warranted and, if warranted, the inspector’s opinion on the principal matters to which the further investigation should relate.