Building Control Act 2007

(4) Nothing in this section shall prevent a Professional Conduct Committee from refusing to restore a person’s name to the register on the grounds of unfitness to practise quantity surveying or attaching conditions to such restoration.

(5) Where the Professional Conduct Committee decides to refuse to so restore a person’s name or decides to attach conditions to such restoration, the Registrar shall forthwith send a notice to the person by prepaid registered post to the last address given in the register informing the person of the decision, the date on which it was made and the reasons for it.

35.. Technical Assessment Board (Part 4).

35.— (1) The registration body shall establish a Technical Assessment Board to consider applications for registration in the register from persons who do not fall within any of paragraphs (a) to (k) of section 29(2).

(2) The Technical Assessment Board shall consist of a chairperson and 7 ordinary members, the latter appointed by the registration body as follows:

(a) 3 quantity surveyors nominated for such appointment by the registration body following consultation with the bodies referred to in paragraphs (b), (c), (e) and (f) of section 29(2);

(b) 4 persons nominated for such appointment by the Minister, being persons who are not quantity surveyors.

F18[(3) The chairperson of the Technical Assessment Board shall be a solicitor, a barrister or a former judge of the Circuit Court, High Court, Court of Appeal or Supreme Court who shall be appointed as chairperson by the Minister.]

36.. Technical Assessment Board procedure (Part 4).

36.— (1) Each of the following may apply to the Technical Assessment Board for a decision that he or she is eligible to be registered in the register pursuant to this section:

(a) a person who—

(i) on 1 January 2001 was a non-corporate member of the Chartered Institute of Building, the Architecture and Surveying Institute (now merged with the Chartered Institute of Building), the Association of Building Engineers or the Institution of Civil Engineering Surveyors, and

(ii) has been performing duties commensurate with those of a quantity surveyor for a period of 8 or more years in the State (but no period of such performance that occurs on or after the commencement of this section shall be reckoned for the purposes of this subparagraph);

(b) a person who has been performing duties commensurate with those of a quantity surveyor for a period of 10 or more years in the State (but no period of such performance that occurs on or after the commencement of this section shall be reckoned for the purposes of this paragraph).

(2) A person who makes an application under this section shall submit the following to the Technical Assessment Board:

(a) a curriculum vitae providing details of the work carried out by the applicant in the field of quantity surveying during the period referred to in paragraph (a)(ii) or, as the case may be, paragraph (b) of subsection (1); and

(b) such independent verification, as the Technical Assessment Board may require, of the documentation so submitted.

(3) The Technical Assessment Board may request additional information to be submitted by the applicant within a specified period and may require the applicant to appear for an interview if it considers it necessary.

(4) Where an interview is required, at least 4 members of the Technical Assessment Board shall be present for the interview.

(5) The interview shall be recorded in writing or in such other form as the Technical Assessment Board may decide, and additional information may, subsequent to the interview, be required to be submitted by the applicant to those who conducted the interview.

(6) An applicant may be accompanied at the interview by a professional advisor, including a lawyer, but any expense incurred by the applicant in being so accompanied shall be borne by the applicant.

(7) Where the Technical Assessment Board decides—

(a) that the applicant is eligible for registration in the register pursuant to this section, the chairperson shall advise the Admissions Board which shall take the necessary steps to register the applicant on payment of any applicable registration fee, or

(b) that the applicant is not eligible for registration in the register pursuant to this section, the chairperson shall immediately send a notice in writing to the applicant, by prepaid registered post to the address of the applicant as furnished in his or her application, advising the applicant of the decision, the date on which it was made and the reasons for it.

37.. Professional Conduct Committee (Part 4).

37.— (1) The registration body shall establish a Professional Conduct Committee (the “Committee”).

(2) The Committee shall consist of a chairperson and 11 ordinary members, the latter appointed by the registration body as follows:

(a) 5 quantity surveyors nominated for such appointment by the registration body following consultation with the bodies referred to in paragraphs (b), (c), (e) and (f) of section 29(2);

(b) 6 persons who are not quantity surveyors—

(i) 5 of whom are nominated for such appointment by the Minister, and

(ii) one of whom is nominated for such appointment by the Minister, with the consent of the Minister for Enterprise, Trade and Employment.

F19[(3) The chairperson of the Committee shall be a solicitor, a barrister or a former judge of the Circuit Court, High Court, the Court of Appeal or Supreme Court who shall be appointed as chairperson by the Minister with the consent of the Minister for Jobs, Enterprise and Innovation.]

38.. Appeals Board (Part 4).

38.— (1) The registration body shall establish an Appeals Board.

(2) The Appeals Board shall consist of a chairperson and 5 ordinary members, the latter appointed by the registration body as follows:

(a) 2 quantity surveyors nominated for such appointment by the registration body following consultation with the bodies referred to in paragraphs (b), (c), (e) and (f) of section 29(2), neither of whom shall be a member of any other Board or Committee established under this Part;

(b) 3 persons who are not quantity surveyors—

(i) 2 of whom are nominated for such appointment by the Minister, and

(ii) one of whom is nominated for such appointment by the Minister, with the consent of the Minister for Enterprise, Trade and Employment,

none of whom shall be a member of any other Board or Committee established under this Part.

F20[(3) The chairperson of the Appeals Board shall be a solicitor, a barrister or a former judge of the Circuit Court, High Court, Court of Appeal or Supreme Court who shall be appointed as chairperson by the Minister.]

39.. Appeals procedure (Part 4).

39.— (1) A person adversely affected by a decision of the Admissions Board, the Technical Assessment Board or the Professional Conduct Committee may appeal to the Appeals Board against the decision.

(2) An appeal shall be in writing and lodged with the Appeals Board within 3 months after the date of the decision being appealed against.

(3) The appeal shall specify the decision to which the appeal relates and the grounds on which the appeal rests.

(4) An appeal may be based on either procedural or substantive matters.

(5) A person may, at any time before the appeal is heard, withdraw the appeal in whole or in part by notifying the Appeals Board in writing of the withdrawal.

(6) A witness at a hearing conducted by the Appeals Board has the same immunities and privileges as if he or she were a witness before the High Court.

(7) The chairperson of the Appeals Board may—

(a) direct in writing an appellant to attend before the Appeals Board on a date and at a time and place specified in the direction,

(b) direct in writing any other person whose evidence the Appeals Board may require, to attend before the Appeals Board on a date and at a time and place specified in the direction, and may direct the person to bring any document in the person’s possession relating to the appeal,

(c) request the relevant Board or Committee whose decision is being appealed against to produce any documents in its possession relating to the appeal, together with its observations on the appeal,

(d) give any other direction for the purpose of the proceedings that appears to the chairperson to be fair and reasonable.

(8) The procedures of the Appeals Board shall make provision for—

(a) notifying the appellant and the chairperson of the relevant Board or Committee of the date, time and place of the sitting of the Appeals Board,

(b) advising the appellant of the appellant’s right—

(i) to be present at the Appeals Board’s sitting, and

(ii) to present his or her case in person or, at his or her own expense, through a legal representative,

(c) the examination of witnesses,

(d) determination by the Appeals Board as to whether or not evidence should be given under oath,

(e) recording of proceedings.

(9) On the hearing of an appeal under this section, the Appeals Board may—

(a) confirm the decision of the relevant Board or Committee, subject to any amendment thereof the Appeals Board thinks fit,

(b) annul the decision and direct the relevant Board or Committee to make a new decision, or

(c) give such other directions as it thinks fit.

(10) The chairperson of the Appeals Board shall notify—

(a) the appellant in writing, sent by prepaid registered post to the appellant’s stated address, of the decision taken on the appeal, the date on which it was made and the reasons for it, and shall also advise the appellant of the right to appeal to the High Court against the Appeal Board’s decision,

(b) the relevant Board or Committee against whose decision the appeal was made of the decision taken on the appeal, the date on which it was made and the reasons for it,

(c) where the appellant was the person who had lodged the complaint with the Professional Conduct Committee under Part 6, the registered quantity surveyor in respect of whom the complaint was made, stating the decision taken on the appeal, the date on which it was made and the reasons for it.

40.. Appeal to High Court from decision of Appeals Board (Part 4).

40.— (1) A person adversely affected by a decision of the Appeals Board may, within 3 months after the date of such decision, appeal to the High Court against the decision.

(2) On the hearing of an appeal under this section, the Court may—

(a) confirm the decision of the Appeals Board, subject to any amendment thereof the Court thinks fit,

(b) annul the decision and direct the Appeals Board to make a new decision, or

(c) give such other directions as the Court thinks fit,

and the Court may direct how the costs of the appeal are to be borne.

(3) On the hearing of an appeal under this section from a decision of the Appeals Board relating to a decision of the Professional Conduct Committee, the High Court may admit evidence of any person of standing in the quantity surveying profession as to what constitutes professional misconduct or poor professional performance.

41.. Certain other jurisdiction of Appeals Board ( Part 4 ).

41.— (1) If the Admissions Board fails to make a decision referred to in subsection (12) of section 30 within—

(a) unless paragraph (b) applies, the period specified in that subsection (12), or

(b) if that period has been extended under subsection (13) of that section, the period of that extension (or, if that period has been extended more than once under that subsection, the last period of such extension),

the applicant referred to in section 30 may make a complaint to the Appeals Board that such a failure has occurred.

(2) On the hearing of such a complaint and having given the Admissions Board an opportunity to be heard, the Appeals Board may, as it thinks appropriate—

(a) give a direction to the Admissions Board to make the decision concerned forthwith, or

(b) make itself a decision on the application concerned referred to in section 30 (and where the Appeals Board does so section 40 shall apply to such a decision as it applies to any other decision of the Appeals Board).

PART 5 Registration of Building Surveyors

42.. Registration body and Admissions Board (Part 5).

42.— (1) F21[The Society of Chartered Surveyors Ireland] shall be the registration body for the purposes of this Part.

(2) For the purposes of the Directive, the registration body is the competent authority in the State as respects building surveyors.

(3) The registration body shall establish an Admissions Board for the purpose of registering persons under this Part.

(4) The Admissions Board shall consist of a chairperson and 7 ordinary members, the latter appointed by the registration body as follows:

(a) 3 building surveyors nominated for such appointment by the registration body following consultation with the bodies referred to in paragraphs (b), (c) and (e) of section 43(2);

(b) 4 persons nominated for such appointment by the Minister, being persons who are not building surveyors.

F22[(5) The chairperson of the Admissions Board shall be a solicitor, a barrister or a former judge of the Circuit Court, High Court, Court of Appeal or Supreme Court who shall be appointed as chairperson by the Minister.]

43.. Registration of building surveyors.

43.— (1) The registration body shall establish a register for building surveyors (the “register”).

(2) Each of the following is eligible for registration in the register:

(a) a graduate of—

(i) the Dundalk Institute of Technology, or

(ii) such other educational body as may be prescribed,

who has received from it in any year prior to 2005 a degree of Bachelor of Science in Building Surveying or in 2005 or any subsequent year an Honours degree of Bachelor of Science in Building Surveying or such other degree, diploma or qualification as may be prescribed and who, in each case, has at least 2 years appropriate experience of performing duties commensurate with those of a building surveryor;

(b) F23[a fellow or professional member of the Society of Chartered Surveyors Ireland], Building Surveying Division, who has at least 2 years practical experience of performing duties commensurate with those of a building surveyor;

(c) a fellow or member of the Chartered Institute of Building, Building Surveying Section, who has at least 2 years practical experience of performing duties commensurate with those of a building surveyor;

(d) a former fellow or member of the Architecture and Surveying Institute, Building Surveying Section (now merged with the Chartered Institute of Building), who has at least 2 years practical experience of performing duties commensurate with those of a building surveyor;

(e) a fellow or member of the Association of Building Engineers, Building Surveying Section, who has at least 2 years practical experience of performing duties commensurate with those of a building surveyor;

(f) a person who on or after 1 January 2001 and prior to 2005 attained a degree of Bachelor of Science in Building Surveying or in 2005 or any subsequent year an Honours degree of Bachelor of Science in Building Surveying and is enrolled as F23[a fellow or professional member of the Society of Chartered Surveyors Ireland], or as a fellow or member of the Chartered Institute of Building, the Architecture and Surveying Institute or the Association of Building Engineers;

(g) a person eligible for such registration by virtue of section 44 (which relates to holders of qualifications from other states);

(h) a national of a Member State who has been awarded in a Member State a qualification that the State, pursuant to a relevant measure, is obliged to recognise as corresponding to a qualification referred to in paragraph (a;

(i) a national or resident of a state who, by virtue of the following agreement, is entitled to have his or her qualifications in the field of building surveying recognised in the State, namely, an agreement that—

(i) is entered into between the European Union and the World Trade Organisation, and

(ii) provides for the recognition by the states to which the agreement relates of qualifications of a class specified in the agreement;

(j) a person (not being a person who is eligible for registration pursuant to section 44) who—

(i) has been awarded in a state, other than a Member State or a state which is a member of the World Trade Organisation, a degree, diploma or other qualification in building surveying, and

(ii) can demonstrate that he or she has sufficient post-graduate experience of performing duties commensurate with those of a building surveyor;

(k) a person who has been assessed as eligible for registration by the Technical Assessment Board in accordance with the practical experience assessment procedures.

(3) Membership of the registration body is not a prerequisite for registration in the register or continuance of registration and the same fee shall be charged for registration in the register whether or not the particular person is a member of the registration body.

(4) No prescribing in respect of an educational body or in respect of any degree, diploma or other qualification that is awarded or conferred by it shall be done for the purposes of subsection (2)(a) unless the Minister is satisfied that the course provided by the body leading to the award or conferral of the degree, diploma or other qualification provides the requisite instruction in the various elements of the discipline of building surveying.

F24[(5) For the purposes of the Minister satisfying himself or herself of the matter referred to insubsection (4), the Minister shall consult with the Qualifications and Quality Assurance Authority of Ireland.]

44.. Nationals from other states eligible for registration (Part 5).

44.— (1) A person who wishes to be registered by virtue of satisfying conditions for recognition of his or her qualifications under Chapter I of Title III of the Directive may apply to the Admissions Board for a decision that he or she is eligible to be registered in pursuance of this section.

(2) A person who makes an application under this section shall submit the following to the Admissions Board:

(a) an attestation of competence issued by another Member State in relation to that person;

(b) evidence of formal qualifications;

(c) where appropriate, evidence that the person has, on a full time basis, performed duties commensurate with those of a building surveyor for not less than 2 years during the previous 10 years.

(3) Subject to the provisions of the Directive, the Admissions Board may request additional information to be submitted by the applicant within a specified period and may require the applicant to appear for an interview if it considers it necessary.

(4) Where an interview is required, at least 4 members of the Admissions Board shall be present for the interview.

(5) The interview shall be recorded in writing or in such other form as the Admissions Board may decide, and additional information may, subsequent to the interview, be required to be submitted by the applicant to those who conducted the interview.

(6) An applicant may be accompanied at the interview by a professional advisor, including a lawyer, but any expense incurred by the applicant in being so accompanied shall be borne by the applicant.

(7) In relation to an application under this section, the Admissions Board may seek independent verification of documents furnished to it in accordance with Article 50 of the Directive.

(8) (a) The Admissions Board may require, in accordance with Article 14 of the Directive, that a person who makes an application under this section shall complete an adaptation period of up to 3 years or take an aptitude test.

(b) For that purpose, the Admissions Board shall serve a notice on the applicant stating that—

(i) the applicant may opt to complete an adaptation period or take an aptitude test (and those alternatives are referred to in subparagraph (iii) as the “2 alternatives”),

(ii) if it is an adaptation period the applicant opts to complete, that period shall be of a duration specified in the notice,

(iii) if the applicant fails to opt as between the 2 alternatives (and notify, in writing, his or her decision in that regard to the Board within a period specified for that purpose in the notice), the Board shall determine whether to require the applicant to complete an adaptation period or take an aptitude test (and, if it is an adaptation period the Board determines that it shall require the applicant to complete, the duration of that period shall be the same as the duration stated in the notice for the purposes of subparagraph (ii)), and

(iv) if the applicant fails, having been registered pursuant to this section, to complete successfully an adaptation period or take and pass an aptitude test which, by virtue of the Directive and this section—

(I) he or she has opted to complete or take and pass, or

(II) the Admissions Board requires him or her to complete or take and pass,

the applicant’s name shall be erased from the register.

(9) The Admissions Board shall satisfy itself that the person has a knowledge of language necessary for practising building surveying in the State.

(10) Where the Admissions Board decides—

(a) that the applicant is eligible for registration in the register pursuant to this section, it shall take the necessary steps to register the applicant on payment of any applicable registration fee, or

(b) that—

(i) the applicant is not eligible for registration in the register pursuant to this section, or

(ii) without prejudice to subsection (8), the applicant should obtain a knowledge of language necessary for practising building surveying in the State,

the chairperson shall immediately send a notice in writing to the applicant, by prepaid registered post to the address of the applicant as furnished in his or her application, advising the applicant of the decision, the date on which it was made and the reasons for it.

(11) A person who is registered pursuant to this section shall—

(a) use the professional title — “building surveyor”, and

(b) unless he or she is a member of a body referred to in Annex 1 of the Directive, not expressly represent or imply, by use of any words or letters, that he or she is a member of that body.

(12) The Admissions Board shall make a decision on whether or not a person is eligible for registration in the register pursuant to this section as quickly as possible and, in any event (but subject to subsection (13)), within 3 months after the date of submission of the completed documentation by the applicant to the Board.

(13) If in the particular circumstances of the matter the Admissions Board determines that it is not practicable for it to make the decision referred to in subsection (12) within the period referred to in that subsection it may, by notice in writing sent, by prepaid registered post, to the applicant, extend that period once or more than once (but the period or the aggregate of the periods of such extension shall not be more than one month).

(14) (a) If it appears to the Admissions Board that a person who is registered in the register pursuant to this section—

(i) has, in a case where subsection (8) applies, failed to complete successfully an adaptation period or take and pass an aptitude test, as the case may be, mentioned in that subsection, or

(ii) has, in a case where subsection (10)(b)(ii) applies, failed to obtain the knowledge of language mentioned in that provision,

the Admissions Board shall decide that the name of the person shall be erased from the register.

(b) If the Admissions Board makes such a decision, it shall direct the Registrar to erase the name of the person from the register; on erasing the name of the person from the register, the Registrar shall forthwith send by prepaid registered post to such person, at the person’s address as stated in the register, notice in writing of the erasure.

(15) So much of the provisions of this section as have effect in cases where—

(a) the person concerned is a national of a Member State,

(b) any act or thing is done or awarded or issued in, or by a competent authority of a Member State, or

(c) a matter is provided under the law of a Member State,

shall, to the extent that the terms of these provisions would prevent the equal treatment or recognition mentioned in subsection (16) being accorded to the person mentioned in that subsection, be read subject to such modifications as will allow that equal treatment or recognition to be accorded to that person.

(16) (a) The equal treatment mentioned in subsection (15) is the equal treatment of a family member (within the meaning of Directive 2004/38 of the European Parliament and of the Council of 29 April 2004) of a national of a Member State required by Article 42(1) of that Directive.

(b) The recognition mentioned in subsection (15) is the recognition required by Article 27 of Council Directive 2004/83/EC of 29 April 2004 of qualifications of a person who is a beneficiary of refugee or subsidiary protection status (within the meaning of that Directive).

45.. Fees (Part 5).

45.— (1) A person applying for registration under this Part shall, at the time of applying, pay the specified fee to the registration body and, in addition, as a condition of continuing to be registered, pay a specified annual fee on a date as may be specified by the registration body.

F25[(2) Where the Registrar has sent a notice by prepaid registered post to a registered professional’s address as given in the register and has sent a further notice to the person in such manner, including by electronic means, as the Registrar considers appropriate, requesting payment of the annual fee the Registrar may, if the person has not paid the fee within 2 months after sending the second notice, remove the person’s name from the register and thereupon shall send a notice by prepaid registered post informing the person that he or she is no longer registered.]

(3) Notwithstanding subsection (2), the Registrar may, in cases of verified hardship, waive the requirement to pay a fee under this section, direct that a fee of an amount lesser than the specified amount may be paid for the purposes of this section or remit a fee paid under this section, in whole or in part.

(4) Where a person’s name has been removed from the register for non-payment of fees and the person pays the outstanding fees together with any other specified fees, the Registrar shall re-enter the person’s name in the register and it shall be treated as having been re-entered on the date it was removed.

45A.. F26[Continuing professional development (Part 5)

45A. (1) The registration body shall maintain a system of continuing professional development of building surveyors (in this section referred to as a "system of continuing professional development").

(2) A person registered under this Part shall, as a condition of continuing to be registered, comply with the requirements of the system of continuing professional development and shall provide evidence that he or she has so complied in such manner and at such time as may be specified by the registration body.

(3) The name of a person who fails to comply withsubsection (2)shall be removed from the register.]

46.. Prohibition against using term “building surveyor” unless registered.

46.— (1) A person who—

(a) not being registered under this Part, uses the title “building surveyor”, either alone or in combination with any other words or letters, or name, title or description, implying that the person is so registered,

(b) with intent to deceive, makes use of a certificate issued under this Part to such person or any other person,

(c) makes or causes to be made, any false declaration or misrepresentation for the purpose of obtaining registration under this Part, or aids or abets such action, or

(d) practises or carries on business under any name, style or title containing the words “building surveyor”, unless he or she is registered under this Part,

shall be guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding €5,000 or imprisonment for a term not exceeding 12 months or both.

(2) If the contravention in respect of which a person is convicted of an offence under subsection (1) is continued after the conviction, the person shall be guilty of a further offence on every day on which the contravention continues and for each such offence the person shall be liable, on summary conviction, to a fine not exceeding €500.

(3) Subsection (1) does not prevent a body corporate, firm or partnership from carrying on business under a name, style or title containing the words “building surveyor” if—

(a) the business, so far as it relates to building surveying, is under the control and management of a registered professional, and

(b) in all premises where its business relating to building surveying is carried on, it is by or under the supervision of a registered professional.

(4) Paragraph (a) or (d) of subsection (1) shall not apply to a person who has—

(a) applied for registration under this Part and in respect of whom the Admissions Board or the Technical Assessment Board, as the case may be, has not made a decision on that application (and the person has not withdrawn that application to the board concerned),

(b) appealed to the Appeals Board against a decision of the Admissions Board or the Technical Assessment Board on an application referred to in paragraph (a) and in respect of whom the Appeals Board has not made a decision on that appeal (and the person has not withdrawn that appeal to the Appeals Board), or

(c) appealed to the High Court against a decision of the Appeals Board referred to in paragraph (b) and in respect of whom the High Court has not made a decision on that appeal (and the person has not withdrawn that appeal to the High Court).

(5) The registration body may by rules provide that subsection (3) shall not apply in relation to a body corporate, firm or partnership unless it has provided to the registration body such information, necessary for determining whether that subsection applies, as may be provided for in such rules.

(6) For the purposes of this section, a person is not to be regarded as not practising by reason only of that person being in the employment of another person.

(7) In this section, “business” includes any undertaking which is carried on for fee or reward or in the course of which services are provided otherwise than free of charge.

47.. Registrar (Part 5).

47.— (1) The registration body shall appoint a Registrar to be responsible for keeping the register under this Part.

(2) The registration body, in addition to paying the Registrar a salary or fee, may pay a pension to the Registrar or make contributions to the payment of a pension, and may pay the Registrar allowances and expenses.

(3) The register shall be in such form, including electronic, photographic or other form, as the registration body decides.

(4) Where a person has applied for registration in accordance with this Part, if the Admissions Board is satisfied that the person is entitled to be registered, the Registrar shall enter the person’s name in the register.

(5) Where a person’s name is entered in the register, the Registrar shall send to the person a certificate stating that the person is registered.

(6) Where a person receives a certificate under subsection (5), the person shall forthwith cause the certificate to be displayed at the place where the person practises building surveying at all times during which his or her registration continues, but not otherwise.

(7) The Registrar shall ensure the register is kept up to date and shall make it available for inspection at the office of the Registrar during normal working hours.

(8) A registered professional shall notify the Registrar of any change in the name under which or the address at which he or she carries on business.

48.. Removal from register (Part 5).

48.— (1) Subject to subsection (3), a registered professional may apply to the Registrar to have his or her name removed from the register and, on receipt of the application and on payment of the specified fee, the Registrar shall remove it.

(2) A person whose name has been removed from the register may apply to the Registrar to have his or her name restored to the register and, on application and payment of the specified fee, but subject to any conditions imposed by the Admissions Board with respect to such restoration, the Registrar shall restore it to the register.

(3) Where a complaint is being investigated by the Professional Conduct Committee under Part 6 in relation to a person, no application shall be entertained by the Registrar to remove the person’s name from the register until the investigation has been completed and the Committee has decided what action to take.

(4) Nothing in this section shall prevent a Professional Conduct Committee from refusing to restore a person’s name to the register on the grounds of unfitness to practise building surveying or attaching conditions to such restoration.

(5) Where the Professional Conduct Committee decides to refuse to so restore a person’s name or decides to attach conditions to such restoration, the Registrar shall forthwith send a notice to the person by prepaid registered post to the last address given in the register informing the person of the decision, the date on which it was made and the reasons for it.

49.. Technical Assessment Board (Part 5).

49.— (1) The registration body shall establish a Technical Assessment Board to consider applications for registration in the register from persons who do not fall within any of paragraphs (a) to (j) of section 43(2).

(2) The Technical Assessment Board shall consist of a chairperson and 7 ordinary members, the latter appointed by the registration body as follows:

(a) 3 building surveyors nominated for such appointment by the registration body following consultation with the bodies referred to in paragraphs (b), (c) and (e) of section 43(2);

(b) 4 persons nominated for such appointment by the Minister, being persons who are not building surveyors.

F27[(3) The chairperson of the Technical Assessment Board shall be a solicitor, a barrister or a former judge of the Circuit Court, High Court, Court of Appeal or Supreme Court who shall be appointed as chairperson by the Minister.]

50.. Technical Assessment Board procedure (Part 5).

50.— (1) Each of the following may apply to the Technical Assessment Board for a decision that he or she is eligible to be registered in the register pursuant to this section:

(a) a person who—

(i) on 1 May 1999 was a non-corporate member of the Chartered Institute of Building, the Architecture and Surveying Institute (now merged with the Chartered Institute of Building) or the Association of Building Engineers, and

(ii) has been performing duties commensurate with those of a building surveyor for a period of 8 or more years in the State (but no period of such performance that occurs on or after the commencement of this section shall be reckoned for the purposes of this subparagraph);

(b) a person who has been performing duties commensurate with those of a building surveyor for a period of 10 or more years in the State (but no period of such performance that occurs on or after the commencement of this section shall be reckoned for the purposes of this paragraph).

(2) A person who makes an application under this section shall submit the following to the Technical Assessment Board:

(a) a curriculum vitae providing details of the work carried out by the applicant in the field of building surveying during the period referred to in paragraph (a)(ii) or, as the case may be, paragraph (b) of subsection (1); and

(b) such independent verification, as the Technical Assessment Board may require, of the documentation so submitted.

(3) The Technical Assessment Board may request additional information to be submitted by the applicant within a specified period and may require the applicant to appear for an interview if it considers it necessary.

(4) Where an interview is required, at least 4 members of the Technical Assessment Board shall be present for the interview.

(5) The interview shall be recorded in writing or in such other form as the Technical Assessment Board may decide, and additional information may, subsequent to the interview, be required to be submitted by the applicant to those who conducted the interview.

(6) An applicant may be accompanied at the interview by a professional advisor, including a lawyer, but any expense incurred by the applicant in being so accompanied shall be borne by the applicant.

(7) Where the Technical Assessment Board decides—

(a) that the applicant is eligible for registration in the register pursuant to this section, the chairperson shall advise the Admissions Board which shall take the necessary steps to register the applicant on payment of any applicable registration fee, or

(b) that the applicant is not eligible for registration in the register pursuant to this section, the chairperson shall immediately send a notice in writing to the applicant, by prepaid registered post to the address of the applicant as furnished in his or her application, advising the applicant of the decision, the date on which it was made and the reasons for it.

51.. Professional Conduct Committee (Part 5).

51.— (1) The registration body shall establish a Professional Conduct Committee (the “Committee”).

(2) The Committee shall consist of a chairperson and 11 ordinary members, the latter appointed by the registration body as follows:

(a) 5 building surveyors nominated for such appointment by the registration body following consultation with the bodies referred to in paragraphs (b), (c) and (e) of section 43(2);

(b) 6 persons who are not building surveyors—

(i) 5 of whom are nominated for such appointment by the Minister, and

(ii) one of whom is nominated for such appointment by the Minister, with the consent of the Minister for Enterprise, Trade and Employment.

F28[(3) The chairperson of the Committee shall be a solicitor, a barrister or a former judge of the Circuit Court, High Court, Court of Appeal or Supreme Court who shall be appointed as chairperson by the Minister with the consent of the Minister for Jobs, Enterprise and Innovation.]

52.. Appeals Board (Part 5).

52.— (1) The registration body shall establish an Appeals Board.

(2) The Appeals Board shall consist of a chairperson and 5 ordinary members, the latter appointed by the registration body as follows:

(a) 2 building surveyors nominated for such appointment by the registration body following consultation with the bodies referred to in paragraphs (b), (c) and (e) of section 43(2), neither of whom shall be a member of any other Board or Committee established under this Part;

(b) 3 persons who are not building surveyors—

(i) 2 of whom are nominated for such appointment by the Minister, and

(ii) one of whom is nominated for such appointment by the Minister, with the consent of the Minister for Enterprise, Trade and Employment,

none of whom shall be a member of any other Board or Committee established under this Part.

F29[(3) The chairperson of the Appeals Board shall be a solicitor, a barrister or a former judge of the Circuit Court, High Court, Court of Appeal or Supreme Court who shall be appointed as chairperson by the Minister.]

53.. Appeals procedure (Part 5).

53.— (1) A person adversely affected by a decision of the Admissions Board, the Technical Assessment Board or the Professional Conduct Committee may appeal to the Appeals Board against the decision.

(2) An appeal shall be in writing and lodged with the Appeals Board within 3 months after the date of the decision being appealed against.

(3) The appeal shall specify the decision to which the appeal relates and the grounds on which the appeal rests.

(4) An appeal may be based on either procedural or substantive matters.

(5) A person may, at any time before the appeal is heard, withdraw the appeal in whole or in part by notifying the Appeals Board in writing of the withdrawal.

(6) A witness at a hearing conducted by the Appeals Board has the same immunities and privileges as if he or she were a witness before the High Court.

(7) The chairperson of the Appeals Board may—

(a) direct in writing an appellant to attend before the Appeals Board on a date and at a time and place specified in the direction,

(b) direct in writing any other person whose evidence the Appeals Board may require, to attend before the Appeals Board on a date and at a time and place specified in the direction, and may direct the person to bring any document in the person’s possession relating to the appeal,

(c) request the relevant Board or Committee whose decision is being appealed against to produce any documents in its possession relating to the appeal, together with its observations on the appeal,

(d) give any other direction for the purpose of the proceedings that appears to the chairperson to be fair and reasonable.

(8) The procedures of the Appeals Board shall make provision for—

(a) notifying the appellant and the chairperson of the relevant Board or Committee of the date, time and place of the sitting of the Appeals Board,

(b) advising the appellant of the appellant’s right—

(i) to be present at the Appeals Board’s sitting, and

(ii) to present his or her case in person or, at his or her own expense, through a legal representative,

(c) the examination of witnesses,

(d) determination by the Appeals Board as to whether or not evidence should be given under oath,

(e) recording of proceedings.

(9) On the hearing of an appeal under this section, the Appeals Board may—

(a) confirm the decision of the relevant Board or Committee, subject to any amendment thereof the Appeals Board thinks fit,

(b) annul the decision and direct the relevant Board or Committee to make a new decision, or

(c) give such other directions as it thinks fit.

(10) The chairperson of the Appeals Board shall notify—

(a) the appellant in writing, sent by prepaid registered post to the appellant’s stated address, of the decision taken on the appeal, the date on which it was made and the reasons for it, and shall also advise the appellant of the right to appeal to the High Court against the Appeals Board’s decision,

(b) the relevant Board or Committee against whose decision the appeal was made of the decision taken on the appeal, the date on which it was made and the reasons for it,

(c) where the appellant was the person who had lodged the complaint with the Professional Conduct Committee under Part 6, the registered building surveyor in respect of whom the complaint was made, stating the decision taken on the appeal, the date on which it was made and the reasons for it.

54.. Appeal to High Court from decision of Appeals Board (Part 5).

54.— (1) A person adversely affected by a decision of the Appeals Board may, within 3 months after the date of such decision, appeal to the High Court against the decision.

(2) On the hearing of an appeal under this section, the Court may—

(a) confirm the decision of the Appeals Board, subject to any amendment thereof the Court thinks fit,

(b) annul the decision and direct the Appeals Board to make a new decision, or

(c) give such other directions as the Court thinks fit,

and the Court may direct how the costs of the appeal are to be borne.

(3) On the hearing of an appeal under this section from a decision of the Appeals Board relating to a decision of the Professional Conduct Committee, the High Court may admit evidence of any person of standing in the building surveying profession as to what constitutes professional misconduct or poor professional performance.

55.. Certain other jurisdiction of Appeals Board (Part 5).

55.— (1) If the Admissions Board fails to make a decision referred to in subsection (12) of section 44 within—

(a) unless paragraph (b) applies, the period specified in that subsection (12), or

(b) if that period has been extended under subsection (13) of that section, the period of that extension (or, if that period has been extended more than once under that subsection, the last period of such extension),

the applicant referred to in section 44 may make a complaint to the Appeals Board that such a failure has occurred.

(2) On the hearing of such a complaint and having given the Admissions Board an opportunity to be heard, the Appeals Board may, as it thinks appropriate—

(a) give a direction to the Admissions Board to make the decision concerned forthwith, or

(b) make itself a decision on the application concerned referred to in section 44 (and where the Appeals Board does so section 54 shall apply to such a decision as it applies to any other decision of the Appeals Board).

PART 6 Fitness to Practise

56.. Establishment of Professional Conduct Standards.

56.— (1) The registration body shall prepare a code (in this Part referred to as the “code”) specifying the standards of professional conduct and practice that shall be adhered to by registered professionals.

(2) The registration body shall review the code prepared by it from time to time and may amend its provisions if it thinks fit.

(3) A draft of the proposed code or any amendment of it shall be—

(a) published by the registration body, in such manner as it may determine, together with an invitation to the public and any organisation or other body which appears to the registration body to have an interest in the matter to comment on the draft before a date specified by the registration body in the invitation,

(b) submitted by the registration body to the Competition Authority with a request for the furnishing in writing (before a date specified by the registration body in the submission) by the Authority of its opinion as to whether any provision of the draft would be likely to result in competition being prevented, restricted or distorted.

(4) The registration body shall take into account any comment received by it in accordance with an invitation under subsection (3)(a) and any opinion in writing of the Competition Authority received by it in accordance with a request under subsection (3)(b) in relation to the draft code or any amendment of it before it prepares the code or the amendment.

(5) The registration body shall provide a copy of the code it has prepared to anyone who requests it, on payment of a reasonable charge, or without charge where it considers it appropriate.

57.. Complaints to Professional Conduct Committee.

57.— (1) Any person may complain to the Professional Conduct Committee (the “Committee”) concerning an action of a registered professional which is alleged to amount to professional misconduct or poor professional performance.

(2) Where the Committee is of the opinion that a prima facie case has not been established for an inquiry under subsection (5) with respect to the complaint, it shall so inform the complainant in writing and shall not proceed further.

F30[(2A) The opinion of the Committee referred to insubsection (2)shall be final and shall not be a decision of the Committee for the purposes ofsection 25(1),39(1)or53(1).]

(3) The Committee may, where it considers it appropriate to do so, request the complainant and the registered professional who is the subject of the complaint to seek resolution of the complaint by mediation before a person or persons appointed under rules made by the relevant registration body and if the complainant and the registered professional consent to such mediation being conducted, such mediation shall be conducted accordingly.

(4) If the mediation does not result in the resolution of the complaint, the Committee shall proceed to consider the complaint.

(5) F31[Subject tosubsection (2A), the] Committee may decide to hold an inquiry with respect to a complaint and where it does so the chairperson of the Committee shall notify the other members of the Committee and the complainant and the registered professional of the date, time and place for the hearing, and the notice under this subsection to the registered professional shall be sent by prepaid registered post to the address given in the register, shall contain details of the nature of the alleged complaint against the registered professional and shall inform the registered professional of his or her right to appear before the Committee and to be represented at the hearing by a person of his or her choice.

(6) For an inquiry under this section, the Committee has the powers, rights and privileges vested in the High Court or a judge thereof in hearing an action, for the purpose of—

(a) enforcing the attendance of witnesses and examining them on oath or otherwise, and

(b) compelling the production of documents,

and, for such purposes, a summons signed by the chairperson of the Committee is equivalent to any formal procedure capable of being instituted in an action.

(7) Where a person summoned by the chairperson to attend before a hearing of the Committee or to produce a document—

(a) makes default in attending,

(b) fails or refuses to produce a document that is within that person’s power to produce, or

(c) refuses to take an oath or refuses to answer a question which the Committee may lawfully ask,

that person shall be guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding €5,000 or imprisonment for a term not exceeding 12 months or both.

(8) If the contravention in respect of which a person is convicted of an offence under subsection (7) is continued after the conviction, the person shall be guilty of a further offence on every day on which the contravention continues and for each such offence the person shall be liable, on summary conviction, to a fine not exceeding €500.

(9) A witness at a hearing under this section has the same immunities and privileges as if he or she were a witness before the High Court.

(10) On completion of an inquiry, the Committee shall produce a report embodying its findings, including the nature of the complaint, the evidence before it, such other matters relating to the registered professional as it thinks fit and its opinion respecting whether a case of professional misconduct or poor professional performance was established or not.

(11) The findings of the Committee on any matter referred to it shall not be made public, without the consent of the person who has been the subject of the inquiry, unless the Committee has found the person to be guilty of professional misconduct or poor professional performance.

(12) Where the Committee has not found the registered professional guilty of professional misconduct or poor professional performance it shall so notify the complainant and inform the complainant of his or her right of appeal to the Appeals Board against its finding.

58.. Decision of the Professional Conduct Committee.

58.— (1) Where the Professional Conduct Committee (the “Committee”) finds there has been no professional misconduct or poor professional performance on the part of the registered professional, it shall take no further action in the matter and shall so inform the registered professional.

(2) Where the Committee determines that a registered professional is guilty of professional misconduct or poor professional performance, it may, subject to the other provisions of this Act, do one or more of the following:

(a) advise, admonish or censure the registered professional in relation to the conduct or performance complained of;

(b) impose on the registered professional a fine of a specified amount and failing payment by him or her of the fine to the registration body within 2 months of his or her being notified of its imposition, the Registrar may erase the person’s name from the register;

(c) direct that during a specified period, registration of the person’s name in the register shall not have effect;

(d) erase the person’s name from the register;

(e) direct that the person’s name remain on the register but impose such conditions for the name remaining on the register as it considers appropriate, to be complied with by the registered professional,

and the chairperson of the Committee shall forthwith notify the person by prepaid registered post sent to the person’s address as given in the register, of the Committee’s decision, the date thereof and the reasons therefor and of the person’s right of appeal to the Appeals Board against the decision.

(3) Without prejudice to the operation of the other provisions of this Act in relation to appeals against decisions to exercise such powers, none of the powers under subsection (2)(b) to (e) may be exercised by the Committee unless the decision to exercise the power has been confirmed by the High Court under subsection (6) or, as the case may be, on an appeal to that Court under section 26, 40 or 54 as appropriate, and then may only be exercised subject to the terms (if any) of such confirmation.

(4) Where a registered professional appeals against a decision of the Committee to the Appeals Board within the period provided for under this Act, the decision of the Committee is stayed until the appeal is disposed of, including any period provided for a further appeal to the High Court.

(5) Subsection (6) applies if—

(a) no appeal under this Act is taken against the decision of the Committee mentioned in that subsection, or

(b) (i) such an appeal taken against the decision has been disposed of and the decision has been confirmed (with or without amendment of it), and

(ii) that confirmation is not a confirmation of the High Court under section 26, 40 or 54, as appropriate.

(6) The Registrar may apply to the High Court for confirmation of a decision of the Committee to exercise the powers under subsection (2)(b), (c), (d) or (e) and, if the Registrar so applies, the High Court, on the hearing of the application, shall, unless it sees good reason to the contrary, declare accordingly and, where the declaration relates to a decision to exercise the powers under subsection (2)(d), either (as the Court may consider proper) direct the Registrar to erase the name of such person from the register concerned or direct that during a specified period (beginning not earlier than 7 days after the decision of the Court) registration of the person’s name in that register shall not have effect.

(7) On erasing the name of a person from any register under this section, the Registrar shall forthwith send by prepaid registered post to such person, at the person’s address as stated in the register, notice in writing of the erasure.

(8) Where a direction is given under this section that during a specified period registration of the name of a person in any register shall not have effect, the Registrar shall, before the commencement of that period, send by prepaid registered post to such person, at the person’s address as stated in the register, notice in writing of such direction.

(9) The name of any person that has been erased under this section may be restored to the register concerned on the direction of the Committee, but not otherwise, and the Committee may attach such conditions as it sees fit to the restoration (including payment of a fee not exceeding the fee provided for an application for registration in the first instance).

(10) Where the registration of a person in a register has ceased to have effect under this section for a period of specified duration, the Committee may, if it thinks fit, on application made to it by such person, by direction terminate the suspension and the Committee may attach such conditions as it sees fit to the termination (including payment of a fee not exceeding the fee provided for an application for registration in the first instance).

59.. Proceedings privileged.

59.— Proceedings of or communications to or by a Professional Conduct Committee in the course of an inquiry, and reports of the Committee made in the exercise or performance of its powers, duties or functions, under this Part shall, in any action for defamation, be absolutely privileged.

PART 7 Miscellaneous Provisions

60.. Temporary registration under Title II of Directive.

60.— (1) If a person intends to provide, in reliance on Article 5(2) of the Directive, architectural, quantity surveying or building surveying services in the State on a temporary and occasional basis, the person shall notify the Admissions Board of that intention and the Admissions Board shall, subject to subsection (5), on receipt of that notification, register the person in the register under Part 3, 4 or 5, as the case may be, for that purpose.

(2) A person who notifies the Admissions Board pursuant to subsection (1) shall, if the occasion of the notification is the first occasion on which he or she intends, on foot of such a notification, to provide architectural, quantity surveying or building surveying services, as the case may be, in the State, submit the following to the Admissions Board:

(a) a declaration of his or her intention to provide the services in accordance with Article 7 of the Directive, which declaration shall include details of insurance or other means of personal or collective protection with regard to professional liability;

(b) proof of his or her nationality;

(c) an attestation of the competent authority of the Member State where he or she is established that he or she is legally established in that state for the purposes of providing the activities concerned and is not prohibited from practising architecture, quantity surveying or building surveying, as the case may be, temporarily or otherwise, at the time of delivery of the attestation;

(d) evidence of the relevant professional qualifications; and

(e) if required by the Directive as respects an applicant who has moved from the Member State of establishment, evidence that he or she has performed functions commensurate with those of an architect, quantity surveyor or building surveyor as appropriate, in that Member State, for at least 2 of the 10 years preceding the application.

(3) If the occasion of the notification under subsection (1) is not the first occasion on which the person concerned has intended, on foot of such a notification, to provide the relevant services in the State, the Admissions Board may, if there has been a material change in the situation substantiated by any of the documentation referred to in paragraphs (b) to (d) of subsection (2), require the person to submit to it fresh documentation of the kind referred to in the paragraph or paragraphs concerned.

(4) If a period of more than 12 months has elapsed since the registration, pursuant to this section, of a person in the register under Part 3, 4 or 5 (and the period for which the person is so registered has not expired), the Admissions Board may, unless the person does not intend to provide the relevant services in the State in the ensuing period of 12 months, require the person to make a fresh declaration of his or her intention to provide the relevant services in accordance with Article 7 of the Directive; if the person does not make such a declaration, the Admissions Board may remove the person’s name from the relevant register.

(5) (a) If a person who notifies the Admissions Board pursuant to subsection (1) fails to comply with subsection (2), or as the case may be, with a requirement under subsection (3) then, subject to paragraph (b), the Admissions Board shall decide not to register the person in the register.

(b) The Admissions Board may, at its discretion, afford the person the opportunity to remedy the failure referred to in paragraph (a), and if the person does so within a reasonable time after being afforded that opportunity, the Admissions Board shall register the person in the register.

(6) Where the applicant is registered in the register under Part 3 for a temporary period pursuant to this section, he or she shall use the title of architect while providing architectural services in the State until his or her registration ceases.

(7) Where the applicant is registered in the register under Part 4 or 5 for a temporary period pursuant to this section and is providing quantity surveying or building surveying services in the State, he or she shall—

(a) if a professional title exists for the activity or quantity surveyor or building surveyor, as the case may be, in the Member State where he or she is legally established, use that title, which shall be indicated in the official language or one of the official languages of that Member State, or

(b) if no such professional title exists in the Member State where he or she is legally established, indicate his or her formal qualification in the official language or one of the official languages of that Member State,

in a way that avoids confusion with the title of quantity surveyor or building surveyor.

(8) The Admissions Board may, in pursuance of Article 9 of the Directive, require a person who is registered in the register under Part 3, 4 or 5 for a temporary period pursuant to this section to furnish to a person to whom he or she provides architectural, quantity surveying or building surveying services, as the case may be, in the State all or any of the information specified in that Article.

61.. Registration body may seek assistance and make rules.

61.— (1) Subject to subsection (2), a registration body may arrange with any person to assist it, or any other board or committee established under this Act, in the proper discharge of its or their functions.

(2) A registration body shall not make an arrangement referred to in subsection (1) as respects the discharge of the functions under section 20, 34, 48 or 67 or Part 6.

(3) Subject to subsection (4), a registration body may make rules for facilitating and carrying out its functions and the functions of the other boards and committees, including the Appeals Board, provided for under this Act.

(4) Before making rules, the registration body shall publish a draft of the rules and circulate them to the board or committee affected for its comments.

62.. Registration body may specify fees.

62.— (1) A registration body may specify that a fee of a specified amount shall be payable to it in respect of the doing of any of the following, namely:

(a) processing applications for registration;

(b) the annual retention of a person’s name in the register;

(c) restoring a person’s name in the register after it has been erased pursuant to a provision of this Act;

(d) removing a person’s name from the register on the application of that person;

(e) entering additional qualifications, not being qualifications required for the purpose of registration, of a person in the register;

(f) issuing a certificate of registration;

(g) providing any other service which the registration body may provide.

(2) A registration body may determine that in respect of the doing of any of the things referred to in subsection (1)(a) to (g) a fee of a different amount shall be payable by reference to the different circumstances in which it is done.

(3) A fee shall not be specified in accordance with subsection (1) without the approval of the Minister.

(4) The amount of a fee specified in accordance with subsection (1) shall not in any case exceed the total of—

(a) the costs in providing the services in respect of which the fee is paid, and

(b) the reasonable costs incurred by the registration body in collecting, accounting for and administering the fee.

63.. Additional qualifications.

63.— (1) Subject to subsection (2) and payment of the specified fee, a person who is registered under Part 3, 4 or 5 may apply to the registration body, in the form and manner it determines, to have an additional qualification noted in the register.

(2) The registration body shall determine what additional qualifications other than those required for registration may be noted in the register.

64.. Regulations.

64.— (1) The Minister may make regulations for prescribing any matter referred to in this Act as prescribed or to be prescribed, or in relation to any matter referred to in this Act as the subject of regulations.

(2) Regulations under this Act may contain such incidental, supplemental and consequential provisions as appear to the Minister to be necessary or expedient.

(3) Every regulation made under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly but without prejudice to the validity of any previously done thereunder.

65.. Correction of register.

65.— (1) For the purpose of keeping a register provided for under this Act, the Registrar thereof shall correct all verbal and clerical errors in such register, remove therefrom all entries procured by fraud or misrepresentation, enter in the register every change which comes to the Registrar’s knowledge in the addresses of registered professionals, and remove therefrom the names of all persons whose death has either been notified to, or comes to the knowledge of, the Admissions Board.

(2) Where the Registrar takes any action under subsection (1), the Registrar shall forthwith notify the person concerned or next of kin, as the case may be, if such person can be identified, of the action taken and the reasons therefor.

66.. Expenses of registration bodies, boards and committees, etc.

66.— (1) Expenditure incurred by a registration body in the performance of its functions under this Act shall be defrayed by the registration body from funds at its disposal.

(2) There shall be paid to the chairpersons and other members of any board or committee established under this Act by a registration body such remuneration and allowances for expenses as the registration body may determine and payment of such remuneration and allowances shall be made from funds at the disposal of the registration body.

67.. Prosecution of offences under this Act.

67.— (1) Summary proceedings for an offence under Part 3, 4, 5 or 6 may be brought and prosecuted by the registration body.

(2) Notwithstanding section 10(4) of the Petty Sessions (Ireland) Act 1851, summary proceedings for an offence under this Act may be commenced—

(a) within 12 months from the date on which the offence was committed, or

(b) within 6 months from the date on which evidence sufficient, in the opinion of the person instituting the proceedings, to justify proceedings comes to that person’s knowledge,

whichever is later, provided that no such proceedings shall be commenced later than 5 years from the date on which the offence concerned was committed.

(3) For the purposes of this section, a certificate signed by or on behalf of the person initiating the proceedings as to the date on which evidence referred to in subsection (2)(b) came to his or her knowledge shall be evidence of that date and, in any legal proceedings a document purporting to be a certificate under this section and to be so signed shall be admitted as evidence without proof of the signature of the person purporting to sign the certificate, unless the contrary is shown.

(4) It shall be presumed, until the contrary is shown, that proceedings for an offence under this Act were commenced within the appropriate period.

68.. Evidential value of an extract from register.

68.— (1) In any proceedings, a certificate signed by the Registrar containing only information stated to be taken from the registration records under the control of the Registrar shall be sufficient evidence of the facts stated therein, until the contrary is shown.

(2) In any proceedings, a document purporting to be a certificate under subsection (1) shall be deemed to be such a certificate and to have been signed by the Registrar concerned, until the contrary is shown.

(3) A certificate under this section that purports to bear a facsimile of the signature of the Registrar concerned or a copy of such signature applied by means of a stamp or produced by a computer shall be deemed for the purposes of this section to have been signed by the Registrar, until the contrary is shown.

69.. Nomination to boards or committees and elections.

69.— (1) Subject to subsection (2), any persons nominated by a registration body for appointment by the registration body to a committee or board established under Part 3, 4 or 5 shall be chosen for the purposes of such nomination by means of an election in accordance with bye-laws made by the body under this section.

(2) Subsection (1) does not apply to—

(a) nominations for the purposes of the first appointments made by a registration body of persons to a committee or board referred to in that subsection, or

(b) the nomination of a person by a registration body for the purposes of the person’s appointment by the body to fill a casual vacancy that arises amongst the persons the subject of those first appointments.

(3) For the purposes mentioned in subsection (1), a registration body shall, with the consent of the Minister, make bye-laws providing for the election, by persons of the following class, of persons from among that class, namely, persons who are registered or eligible to be registered under Part 3, 4 or 5, as the case may be (and who are not excluded from that class by virtue of bye-laws under subsection (4)).

(4) Bye-laws made by the registration body may exclude from the foregoing class any person who is not resident in the State at a specified date or who does not comply with any specified condition or requirement which the registration body considers appropriate to specify in the bye-laws for the purposes of ensuring that the bye-laws operate in a practical manner.

(5) Bye-laws under this section shall provide that the election referred to in subsection (3) shall be held by means of a ballot and in a manner specified in the bye-laws.

(6) Bye-laws under this section may provide for such supplemental, incidental and consequential matters as the registration body that makes them considers necessary or expedient, including the deeming of candidates to be elected without an election having to be held, where the number of persons validly selected as candidates in the proposed election is less than or equal to the number of vacancies in the board or committee to which the proposed election relates.

70.. Tenure of members of boards, etc., appointed by registration body.

70.— (1) A person appointed by a registration body to be a member of a board or committee established by it under this Act shall hold office for a period of 3 years, unless he or she sooner dies or resigns.

(2) No person appointed pursuant to a section of this Act shall hold office under that section for more than 2 consecutive terms of office.

(3) A member of a board or committee referred to in subsection (1) may resign from office by giving notice to the registration body in writing signed by him or her and the resignation shall take effect at the next meeting of the registration body.

(4) (a) Any requirement (whether as to consultation, obtaining of another’s approval or otherwise) that applies with respect to the nomination of a person for appointment to a board or committee established under this Act shall apply to the nomination of a person for appointment to fill a casual vacancy amongst the membership of the board or committee.

(b) Where the term of office of a member of a board or committee established under this Act terminates otherwise than by reason of effluxion of time, the period of office of the person appointed to fill the vacancy occasioned by that other’s ceasing to hold office shall be specified to be the unexpired period of that other’s term of office.

(5) The registration body may make rules specifying grounds (such as repeated absence from meetings or unacceptable professional conduct) on which a member of a board or committee referred to in subsection (1) may be removed from office and the procedure for such removal and for so long as rules under this subsection are in force such a member may be removed from office subject to and in accordance with the rules.

71.. Proceedings at meetings of boards or committees.

71.— (1) A board or committee established under this Act by a registration body shall hold such meetings as it considers necessary for the performance of its functions.

(2) The chairperson and each other member of such a board or committee shall have a vote.

(3) At a meeting of such a board or committee, the chairperson or, in the chairperson’s absence a member chosen by those present, shall chair the meeting.

(4) Every question at a meeting referred to in subsection (3) shall be determined by a majority of votes of members present and the chairperson shall have a casting vote in the event of an equal division.

(5) The quorum for such a meeting shall be—

(a) F32[5] members in the case of a Professional Conduct Committee, or

(b) 4 members in any other case,

of which, subject to subsection (6), the majority shall be members who were nominated for appointment as members of the board or committee, as the case may be, by the Minister.

(6) There may be reckoned for the purposes of that majority the chairperson of the board or committee, as the case may be, if he or she is present at the meeting.

(7) An Admissions Board, Technical Assessment Board, Appeals Board or Professional Conduct Committee may perform its functions whether or not there is a vacancy in its membership and none of its proceedings are invalidated by any defect in the appointment of a member to it.

72.. Functions in relation to regulations or directives of the Council of the EU or the European Parliament.

72.— A registration body, or a board or committee established under this Act by a registration body, shall carry out such additional functions as may be assigned to it, by regulation made by the Minister, in relation to the implementation of an act adopted by an institution of the European Communities with respect to the relevant profession.

73.. Annual report by registration body.

73.— (1) A registration body shall, as soon as may be after the end of each year, prepare a report of its proceedings under this Act during that year.

(2) That report shall include a copy of the body’s accounts for the year concerned in so far as they relate to its income and expenditure in respect of the performance of its functions under this Act during that year and those accounts shall be accounts that have been certified by an auditor who has been appointed to carry out an audit of them for the year concerned.

(3) As soon as may be after the preparation of such a report, the registration body shall cause—

(a) the report, with the copy of the foregoing accounts included in it, to be published, and

(b) copies of the report, with the foregoing certification in respect of those accounts included in each such copy, to be made available for purchase by members of the public.