Building Control Act 2007

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.