Regulation of Providers of Building Works and Miscellaneous Provisions Act 2022

PART 3

Admissions and registration board and appeals committee

Admissions and registration board

22. (1) The registration body shall establish an admissions and registration board (in this Act referred to as the “Board”).

(2) The Board shall consist of a chairperson and 10 ordinary members appointed by the Minister.

(3) The chairperson of the Board shall be—

(a) a former judge of the Circuit Court, High Court, Court of Appeal or Supreme Court,

(b) a practising solicitor,

(c) a practising barrister, or

(d) a registered construction professional.

(4) When appointing a person to be a member of the Board, the Minister shall be satisfied that the person has knowledge of, and expertise in relation to, one or more of the following:

(a) the provision of works;

(b) building control regulations;

(c) building regulations;

(d) construction skills, education and training;

(e) the needs of consumers of construction services;

(f) construction specifications and standards;

(g) the maintenance of standards in professions regulated by a statutory body;

(h) dealing with complaints against members of professions regulated by a statutory body.

(5) Of the persons appointed to be members of the Board—

(a) 2 shall be nominated by the Minister from among officers of the Minister or from members of staff of a public body referred to in paragraph (f) or, following consultation with the relevant Minister, paragraph (g) or (h) of the definition of public body,

(b) 1 shall be nominated by the Minister for Further and Higher Education, Research, Innovation and Science from among officers of that Minister or from members of staff of a public body referred to in paragraph (f), (g) or (h) of the definition of public body following consultation with the relevant Minister,

(c) 1 shall be nominated by the Minister for Enterprise, Trade and Employment from among officers of that Minister or from members of staff of a public body referred to in paragraph (f), (g) or (h) of the definition of public body following consultation with the relevant Minister,

(d) 1 shall be nominated by the Irish Congress of Trade Unions,

(e) 3 shall be nominated by the registration body, any of whom may be registered persons, but no more than one of whom shall be registered in any one division, and

(f) 2 shall be appointed by the Minister on the recommendation of the Chief Executive of the Public Appointments Service after a competition for that purpose under section 47 of the Public Service Management (Recruitment and Appointments) Act 2004 has been held and the Chief Executive is satisfied that the nominees meet the criteria specified in subsection (4).

(6) When nominating persons for appointment under this section, a Minister or nominating body referred to in subsection (5) shall be satisfied that his or her or its nominees meet one or more of the criteria specified in subsection (4).

(7) The Minister shall, in so far as practicable, ensure an appropriate balance between men and women in the composition of the Board.

(8) The Board shall be independent in the performance of its functions.

(9) The Minister shall direct the registration body to provide such support of an administrative nature as the Minister considers necessary to enable the Board to perform its functions and the registration body shall comply with a direction under this subsection.

(10) The Board shall furnish to the registration body information concerning the performance of the functions of the Board requested by the registration body to enable that body to determine the administrative supports required by the Board.