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the Technical Assessment Board, as the case may be, has not made a decision on that application (and the person has not withdrawn that application to the board concerned),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paragraph (a) and in respect of whom the Appeals Board has not made a decision on that appeal (and the person has not withdrawn that appeal to the Appeals Board), or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.