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21 2007

Building Control Act 2007

PART 1

Preliminary and General

Short title, collective citation, construction and commencement.

1 .— (1) This Act may be cited as the Building Control Act 2007 .

(2) The Building Control Act 1990 and this Act may be cited together as the Building Control Acts 1990 and 2007 and shall be construed together as one.

(3) This Act shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.

Interpretation.

2 .— (1) In this Act—

“ Act of 1990 ” means the Building Control Act 1990 ;

“ adaptation period ” means an adaptation period of such duration as the Admissions Board determines in accordance with the Directive;

“ Admissions Board ” means an Admissions Board established under section 13 , 28 or 42 , as the context requires;

“ Agreement establishing the World Trade Organisation” means the Agreement establishing the World Trade Organisation done at Marrakesh on 15 April 1994 as amended or supplemented by any protocol to that Agreement which is for the time being in force in the State;

“ Appeals Board ” means an Appeals Board established under section 24 , 38 or 52 , as the context requires;

“aptitude test” means an aptitude test of such character as the Admissions Board determines in accordance with the Directive;

“ Directive ” means Directive 2005/36/EC 1 of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications as amended by Council Directive 2006/100/EC of 20 November 2006 adapting certain Directives in the field of freedom of movement of persons, by reason of the accession of Bulgaria and Romania;

“ EEA Agreement ” means the Agreement on the European Economic Area signed at Oporto on 2 May 1992, as amended for the time being;

“ EEA measure ” means a measure or decision taken by the Joint Committee under the EEA Agreement;

“ member of the World Trade Organisation ” means a party to the Agreement establishing the World Trade Organisation;

“ Member State ” means a Member State of the European Union and includes the following:

(a) on the State being required to implement an EEA measure having an effect corresponding to that of the Directive or any other Directive adopted by an institution of the European Union for the recognition of professional education and training, a Member State of the EEA;

(b) the Swiss Confederation;

“ Member State of the EEA ” means a state (other than a Member State of the European Union) that is a contracting party to the EEA Agreement;

“ Minister ” means the Minister for the Environment, Heritage and Local Government;

“ poor professional performance ”, in relation to a registered professional, means any failure of the registered professional to meet the standards of competence that may reasonably be expected of registered professionals practising the profession concerned;

“ practical experience assessment procedures ” means the procedures under, as the context requires—

(a) sections 21 (4) and (5) and 22 ,

(b) section 36 , or

(c) section 50 ;

“ prescribed ” means prescribed by regulations made by the Minister under this Act;

“ Professional Conduct Committee ” means a Professional Conduct Committee established under section 23 , 37 or 51 , as the context requires;

“ professional misconduct ”, in relation to a registered professional, means any act, omission or pattern of conduct of the registered professional that—

(a) is in breach of the code prepared by the relevant registration body, or

(b) if the registered professional has been granted by a body established in a state, other than the State, a licence, certificate or registration relating to the practice of the profession concerned, is a breach of the standard of conduct or performance that applies to a person holding that licence, certificate or registration and that corresponds to a standard in the code referred to in paragraph (a);

“ registered professional” means a person who is registered in the register under Part 3 , 4 or 5 , as the context requires;

“Registrar” means a person appointed under section 19 , 33 or 47 , as the context requires;

“ registration body ” means, with respect to—

(a) Part 3 , the Royal Institute of Architects of Ireland,

(b) Parts 4 and 5, the Society of Chartered Surveyors,

(c) Parts 6 and 7, each of the bodies referred to in paragraphs (a) and (b), with respect to such body performing its functions for the purpose of the relevant Parts;

“ relevant measure ” means—

(a) any EEA measure having an effect corresponding to that of the Directive or any other Directive adopted by an institution of the European Union for the recognition of professional education and training, and

(b) a measure that is in force by virtue of the Swiss Confederation Agreement;

“specified”, in relation to a fee or an amount of a fee, means specified under section 62 ;

“Swiss Confederation Agreement” means the agreement between the European Union and the Swiss Confederation on the free movement of persons, signed at Luxembourg on 21 June 1999;

“Technical Assessment Board” means a Technical Assessment Board established under section 21 , 35 or 49 , as the context requires;

“World Trade Organisation” means the organisation established under the Agreement establishing the World Trade Organisation.

(2) For the avoidance of doubt, the definition of “registered professional” in subsection (1) does not have the effect of requiring any class of person falling within that definition to be the subject of any designation or other specification in regulations under the Act of 1990 of a person or a class of person for any purpose of those regulations.

(3) A word or expression used in Part 3 , 4 , 5 or 7 and which is also used in the Directive has the same meaning in that Part as it has in the Directive.

1O.J. L223/15, 30.9.2005.