Regulation of Providers of Building Works and Miscellaneous Provisions Act 2022
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Application to High Court to confirm decision to impose major sanction | ||
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53. (1) Where a registered person does not appeal against a decision to impose a major sanction on that person to the appeals committee within the period specified under section 50 (1) or to the Court within the period allowed under section 52 , as the case may be, the registration body shall, as soon as practicable after the expiration of the relevant period, by motion on notice to the registered person make an application in a summary manner to the Court for confirmation of a decision to impose a major sanction. | ||
(2) The Court may, on the hearing of an application under subsection (1)— | ||
(a) confirm the decision the subject of the application, or | ||
(b) where it is satisfied on the basis of the evidence before the Board or appeals committee that there is a manifest and fundamental error of law that undermines the basis for the decision— | ||
(i) annul the decision and substitute such other decision as the Court considers appropriate, or | ||
(ii) remit the matter to the Board or, as the case may be, the appeals committee for reconsideration and the making of a new decision, with or without directions as the Court considers appropriate. | ||
(3) The registration body shall, prior to making an application under subsection (1), by notice to the person concerned, seek the consent in writing of that person to the imposition of the major sanction referred to in subsection (1). | ||
(4) Where the person concerned consents to the imposition of the major sanction concerned in accordance with a notice under subsection (3), an application by the registration body under subsection (1) may be made ex parte. | ||
(5) Where the person concerned consents to the imposition of the major sanction concerned in accordance with subsection (3), the sanction shall take effect when the decision of the registration body has been confirmed by the Court in accordance with this section. | ||
(6) Subject to subsection (2), where the application relates to a decision to remove or suspend a registered person from the register or from a particular division, the Court may either (as the Court may consider proper) direct the Board to remove the name of such person from the register concerned or direct that during a specified period (which shall not commence until the elapse of 7 days beginning on the date of the decision of the Court) or until such person complies with a condition to which termination of the suspension is subject, the inclusion of the registered person’s name and details in the register shall be suspended. | ||
(7) If the Court confirms the decision under subsection (2)(a) or substitutes the decision under subsection (2)(b)(i), the decision of the Court shall be substituted for the decision the subject of the application. | ||
(8) A registered person to whom a decision to impose a major sanction under section 49 (2)(a) or section 50 relates may within 30 days of receiving the notice referred to in subsection (1) inform the registration body in writing that it does not intend to appear, and does not intend to make submissions, at the hearing of any application under subsection (1). | ||
(9) The Registrar shall, as soon as practicable, give notice to the registered person the subject of a decision under this section by prepaid registered post of the decision of the Court, the date on which it was made and the date from which such decision will take effect as regards the registered person’s entry in the register. | ||
(10) In this section, “Court” means the High Court. |