Building Control Act 2007
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
(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).