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 in subsection (4), the Minister shall consult with the Qualifications and Quality Assurance Authority of Ireland.]