9F.—(1) (a) The Commission may appoint a person to be the designated body for the purposes of this section and such body may be referred to as a Gas Safety Supervisory Body.

(b) Where the Commission has not appointed a person to be the designated body, or the designated body is, in the opinion of the Commission, no longer able to carry out its functions under this section, the Commission may, with the consent of the Minister, appoint an employee of the Commission to carry out those functions on a temporary basis.

(2) (a) In appointing a person to be the designated body in accordance with subsection (1) the Commission shall have regard to the costs likely to be incurred—

(i) by the Commission in carrying out its functions under this section, and

(ii) by final customers.

(b) Paragraph 16 of Schedule 1 shall apply to any costs incurred by the Commission in carrying out its functions under this section.

(c) In paragraph (b) the words “any costs incurred by the Commission” includes any moneys provided by the Commission to the designated body, following its appointment under subsection (1), to facilitate that body in establishing and carrying out its functions.

(3) A person shall not be appointed to be the designated body, or if so appointed shall cease to act as the designated body, if that person is or becomes a trade association or performs representative functions on behalf of persons working in the gas industry.

(4) A person who does not for the time being stand appointed as the designated body shall not describe himself or herself as a Gas Safety Supervisory Body or in a manner likely to suggest that such person is the designated body for the purposes of this section.

(5) (a) The Commission shall publish criteria (in this section referred to as “the criteria”) relating to—

(i) gas safety supervision,

(ii) the safety standards to be achieved and maintained by gas installers, and

(iii) the procedures to be operated by a person appointed as the designated body.

(b) The criteria document to be published in connection with paragraph (a) shall include, but shall not be limited to, the following information:

(i) the procedures to be adopted by the designated body for the registration of its members;

(ii) the procedures to be followed by a person applying for membership of the designated body;

(iii) the services which the designated body may carry out on behalf of its members;

(iv) the standards of training and safety to be achieved and maintained by members of the designated body and the procedures to be followed by the designated body in monitoring such standards;

(v) the procedures to be followed by the designated body for the inspection of any work carried out by one of its members;

(vi) the procedures to be followed by the designated body in connection with the suspension or revocation of the membership of one of its members;

(vii) the matters to be covered by a completion certificate in respect of different categories or classes of gas works and the circumstances in which each such class of certificate shall be used;

(viii) the type of accounts to be kept by the designated body, and the manner in which such accounts should be audited;

(ix) the method by which the accounts kept under subparagraph (viii) should be published; and

(x) the procedures to be followed, and the records to be maintained, by the designated body or its members (where appropriate), in connection with subparagraphs (i) to (ix).

(c) The Commission may review or amend the criteria as often as it considers necessary.

(6) The Commission shall not appoint a person to be the designated body unless it is satisfied that the person is capable of complying with the criteria, and as respects each person who is a member (in this section referred to as a “registered gas installer”) of the designated body that the body has, or will have if appointed, the capability and entitlement to—

(a) inspect any work carried out by a registered gas installer,

(b) monitor the training and standards of a person who is a registered gas installer,

(c) suspend the membership of a registered gas installer in the designated body where that registered gas installer is the subject of an investigation by that body into whether—

(i) work carried out by the registered gas installer concerned is unsafe or otherwise of an unsatisfactory standard, or

(ii) the registered gas installer concerned has acted in contravention of the criteria to a material extent,

(d) suspend or revoke the membership of a registered gas installer in the designated body where the body has established that any of the matters specified in subparagraphs (i) or (ii) of paragraph (c) apply as respects the installer concerned.

(7) (a) Where the designated body decides to suspend or revoke the membership of a registered gas installer in the body, the designated body shall inform, in writing, both—

(i) the Commission, and

(ii) the registered gas installer concerned,

of its decision to suspend or revoke the membership of a registered gas installer in the designated body.

(b) A registered gas installer, the subject of a decision under paragraph (a), may submit an appeal, in writing, of the decision to the Commission within 28 days of being informed of the decision.

(8) (a) The Commission shall appoint one or more persons (“Appeals Officer”) to—

(i) duly consider, and

(ii) furnish a report to the Commission on,

any appeal submitted by a registered gas installer relating to a decision made by the designated body to suspend or revoke his or her membership in the designated body.

(b) The Commission shall have regard to the report of the Appeals Officer under paragraph (a) and shall advise the designated body, the Appeals Officer and the registered gas installer concerned of its decision to confirm, vary or set aside the decision of the body.

(c) An appeal shall not be considered under this subsection if—

(i) it relates to any matter the subject of proceedings before a court or other tribunal, until those proceedings are determined, or

(ii) it is not submitted to the Commission within 28 days of the registered gas installer concerned being informed of the decision.

(9) Notwithstanding the generality of subsections (7) and (8), the Commission may specify the procedures to be followed by—

(a) the Appeals Officer in considering the appeal,

(b) the Appeals Officer in drafting his or her report to the Commission,

(c) the designated body when suspending or revoking the membership of a registered gas installer, and

(d) a registered gas installer who is the subject of a decision by the designated body to revoke his or her membership in the designated body,

in the criteria published under subsection (5).

(10) (a) The tariff of fees and charges imposed by the designated body relating to—

(i) membership of a gas installer in the body,

(ii) registration of a gas installer as a registered gas installer,

(iii) inspections of gas works, and

(iv) any service provided to a member of the designated body by or on behalf of the body,

shall be subject to the approval of the Commission.

(b) The designated body may impose fees and charges under paragraph (a) of different amounts in respect of different categories of membership, registration or service as the Commission may specify in the criteria.

(c) All expenses incurred by the designated body in carrying out any of its functions under this section shall be defrayed by the designated body out of funds at its disposal which are obtained in accordance with paragraph (a).

(11) Where a registered gas installer carries out any gas works, the works shall be carried out in accordance with any safety requirements which the Commission may specify in the criteria.

(12) Where a registered gas installer carries out any gas works, the registered gas installer concerned shall issue the appropriate completion certificate to the person who requested that the works be carried out.

(13) A person on whose behalf a registered gas installer has carried out any gas works may request, on grounds specified in writing, that the designated body arrange for the carrying out of an inspection of those gas works.

(14) The designated body shall, after it receives a request under subsection (13), arrange for the carrying out of an inspection as soon as practicable, and following its completion, shall advise, in writing, both the registered gas installer who carried out the gas works and the person who requested that the inspection be carried out, as to whether the gas works meet the safety requirements of the Commission.

(15) Subject to subsection (16), the designated body shall be entitled to payment of fees and charges in respect of the inspection of gas works under subsection (14), which fees and charges shall be no greater than is set out in the tariff of fees and charges published by the designated body.

(16) The tariff of fees and charges referred to in subsection (15) shall not have effect until approved by the Commission, which approval shall not be given unless the Commission is satisfied that the fees and charges are calculated on the basis of the reasonable costs attributable to the carrying out of inspections under this section.

(17) The Commission shall specify a form of completion certificate to be used for the purposes of this section and may specify different forms for different circumstances or different classes of work and may make provision relating to—

(a) procedures to be followed, and

(b) records to be maintained,

by registered gas installers in connection with the issue of such certificates.

(18) (a) The Commission may conduct an inspection or audit of the designated body to verify compliance by the designated body with the requirements of this section, the terms and conditions of appointment and the criteria of the Commission.

(b) The Commission may appoint a person to assist it in performing inspections or audits referred to in paragraph (a).

(19) The Commission may determine the appointment of the designated body—

(a) in accordance with the terms and conditions of the appointment,

(b) where the Commission is of the opinion that an act or default by the designated body is a cause of serious danger to the public, with immediate effect, or

(c) where it is, in the opinion of the Commission, in the interests of consumers that the appointment be determined, and paragraph (b) does not apply, on giving not less than 3 months notice or such shorter period as may be specified in the terms and conditions of appointment in that respect.

(20) The Commission may appoint a person, including a person who is an employee of the designated body, to be an authorised officer for the purposes of carrying out inspections of the work—

(a) of a registered gas installer on any land where the authorised officer believes such work is being or has been carried out by such an installer, or

(b) which has been the subject of a completion certificate.

(21) A person appointed to be an authorised officer under subsection (20) shall on his or her appointment be furnished with a certificate of his or her appointment, and when exercising a power conferred by this section shall, if requested by any person thereby affected, produce such certificate to that person for inspection.

(22) A registered gas installer and every employee or independent contractor of a registered gas installer shall give all reasonable assistance to—

(a) an authorised officer in the exercise of his or her powers under this section, and

(b) the Commission in exercising its powers under subsection (18) including a person assisting the Commission pursuant to subsection (18).

(23) A person shall not obstruct—

(a) an authorised officer performing any function he or she is authorised to exercise or perform under this section,

(b) the Commission in exercising its powers under this section, or

(c) a person assisting the Commission pursuant to subsection (18).

(24) A person shall not—

(a) describe himself or herself as a registered gas installer, or

(b) describe himself or herself in a manner likely to suggest that he or she is a registered gas installer, unless that person is a member of the designated body.

(25) A person who contravenes subsection (4), (23) or (24) is guilty of an offence and liable—

(a) on summary conviction to a fine not exceeding €5,000 or a term of imprisonment not exceeding 6 months or to both, or

(b) on conviction on indictment to a fine not exceeding F160[€50,000] or a term of imprisonment not exceeding 3 years or to both.

(26) In this section—

“completion certificate”means a certificate the form of which has been specified by the Commission under subsection (17);

“designated body”means a person appointed under subsection (1) to be the designated body for the purposes of this section;

“gas works” means works designated to be such under section 9G.]