Regulation of Providers of Building Works and Miscellaneous Provisions Act 2022
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Determination by Board | ||
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49. (1) On receipt of an investigation report submitted to it by an inspector under section 48 (2), the Board shall consider the report and any submissions annexed to it. | ||
(2) Subject to subsection (3), where the Board has considered the investigation report and any submissions annexed to it, the Board— | ||
(a) if it is satisfied that improper conduct by the registered person to whom the investigation report relates has occurred or is occurring, shall, as it thinks fit in the circumstances of the case, subject to subsection (6) and section 54 — | ||
(i) impose a minor sanction on the registered person, or | ||
(ii) impose a major sanction on the registered person, | ||
(b) if it is not satisfied that improper conduct by the registered person to whom the investigation report relates has occurred or is occurring but is of the opinion that a further investigation of the registered person is warranted, shall cause the further investigation to be carried out pursuant to its powers under section 45(1), or | ||
(c) if it is not satisfied that improper conduct by the registered person to whom the investigation report relates has occurred or is occurring but is not of the opinion that a further investigation of the registered person is warranted, and the investigation arose from a complaint, shall dismiss the complaint and take no further action. | ||
(3) Where the Board has considered an investigation report and any submissions annexed to it submitted to the Board under section 48 (2), it may if requested to do so by the registered person or, if it considers it proper to do so for the purposes of assisting it to make a decision under subsection (2), or for the purposes of observing fair procedures, for those purposes— | ||
(a) conduct an oral hearing, or | ||
(b) give to the registered person to whom the investigation concerned relates and, if the investigation arose in consequence of the receipt of a complaint, the complainant— | ||
(i) a copy of the investigation report, and | ||
(ii) a notice stating that the registered person and the complainant (if any) may, not later than 30 days beginning on the date on which the notice was respectively received by them, or such further period not exceeding 30 days as the Board allows, each make submissions in writing to the Board on the investigation report. | ||
(4) Subject to Schedule 1 the chairperson of the Board shall determine how an oral hearing under subsection (3)(a) is conducted. | ||
(5) The Board shall give notice by prepaid registered post to the registered person to whom the investigation relates of a decision under subsection (2) as soon as practicable after it is made, which shall— | ||
(a) include reasons for the decision, | ||
(b) where the decision is under subsection (2)(a), inform the registered person that— | ||
(i) the 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) where the decision is under subsection (2)(a), inform the applicant that the decision shall be suspended until, as the case may be— | ||
(i) the decision becomes final in accordance with subsection (6), or | ||
(ii) subject to subsection (7) the disposal of the appeal under s ection 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 subsection (2)(a) shall be final. | ||
(7) If, following an appeal of a decision under subsection (2)(a), the appeals committee direct the Board under section 50 (7)(b) to reconsider the decision, that decision shall be suspended until it has been reconsidered by the Board. | ||
(8) In this section— | ||
“major sanctions” means— | ||
(a) the removal of the registered person from the register, | ||
(b) the suspension of the registered person’s entry in the register— | ||
(i) for a specified period, or | ||
(ii) until compliance by the registered person with a condition to which termination of the suspension is subject, | ||
(c) the removal of a registered person from a particular division, | ||
(d) any combination of any of the sanctions specified in paragraphs (a) to (c); | ||
“minor sanctions” means— | ||
(a) advice, | ||
(b) a reprimand, | ||
(c) a caution, or | ||
(d) any combination of any of the sanctions specified in paragraphs (a) to (c). |