Energy (Miscellaneous Provisions) Act 2006
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Functions of Commission regarding electrical safety and regulation of electrical contractors. |
4.— The Act of 1999 is amended by the insertion after section 9B (inserted by section 3 ) of the following sections— | |
“Function of Commission relating to electrical safety. | ||
9C.— It shall be a function of the Commission to regulate the activities of electrical contractors with respect to safety. | ||
Regulation of electrical contractors. | ||
9D.— (1) (a) The Commission may appoint a person or persons to be a designated body for the purposes of this section and such body may be referred to as an Electrical Safety Supervisory Body. | ||
(b) Where the Commission has not appointed a person or persons to be a designated body, or a 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 determining the number of persons appointed under 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 a 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 a designated body, or if so appointed shall cease to act as a designated body, if that person is or becomes a trade association or performs representative functions on behalf of persons working in the electrical industry. | ||
(4) A person who does not for the time being stand appointed as a designated body shall not describe himself or herself as an Electrical Safety Supervisory Body or in a manner likely to suggest that such person is a 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) electrical safety supervision, | ||
(ii) the safety standards to be achieved and maintained by electrical contractors, and | ||
(iii) the procedures to be operated by a person appointed as a designated body. | ||
(b) The criteria 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 a designated body for the registration of its members; | ||
(ii) the procedures to be followed by a person applying for membership of a designated body; | ||
(iii) the services which a designated body may carry out on behalf of its members to facilitate the performance of its functions; | ||
(iv) the standards of training and safety to be achieved and maintained by members of a designated body and the procedures to be followed by a designated body in monitoring such standards; | ||
(v) the procedures to be followed by a designated body for the inspection of any work carried out by one of its members, or by a person who is not a registered electrical contractor; | ||
(vi) the procedures to be followed by a 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 electrical 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 a 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 a 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 electrical contractor ’) of that 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 electrical contractor, | ||
(b) monitor the training and safety standards of a person who is a registered electrical contractor, | ||
(c) review training undertaken by a person engaged either as an employee or as an independent contractor of a registered electrical contractor, | ||
(d) issue directions to a registered electrical contractor regarding the training to be given to or undertaken by a class or classes of persons engaged either as employees or as independent contractors, | ||
(e) suspend the membership of a registered electrical contractor in a designated body where that registered electrical contractor is the subject of an investigation by that body into whether— | ||
(i) work carried out by the registered electrical contractor concerned is unsafe or otherwise of an unsatisfactory standard, | ||
(ii) the training of employees and independent contractors engaged by the registered electrical contractor concerned is materially inadequate, or | ||
(iii) the registered electrical contractor has acted in contravention of the criteria to a material extent, | ||
(f) suspend or revoke the membership of a registered electrical contractor in the designated body where that body is satisfied that any of the matters specified in subparagraphs (i) to (iii) of paragraph (e) apply as respects the contractor concerned. | ||
(7) (a) Where a designated body decides to suspend or revoke the membership of a registered electrical contractor in that body, such designated body shall inform, in writing, both— | ||
(i) the Commission, and | ||
(ii) the registered electrical contractor concerned, | ||
of its decision to suspend or revoke the membership of a registered electrical contractor in the designated body. | ||
(b) A registered electrical contractor, 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 electrical contractor 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 electrical contractor concerned of its decision to confirm, vary or set aside the decision of the designated body concerned. | ||
(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 electrical contractor 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 electrical contractor; and | ||
(d) a registered electrical contractor who is the subject of a decision by the designated body to suspend or 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 a designated body relating to— | ||
(i) membership of an electrical contractor in that body, | ||
(ii) registration of an electrical contractor as a registered electrical contractor, | ||
(iii) inspections of electrical works, and | ||
(iv) any service provided to a member of a designated body by or on behalf of that body, | ||
shall be subject to the approval of the Commission. | ||
(b) All expenses and costs incurred by a 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) A person may not be a member of more than one designated body. | ||
(12) Where a registered electrical contractor carries out electrical works, the works shall be carried out in accordance with the safety requirements approved by the Commission from time to time. | ||
(13) Where a registered electrical contractor carries out electrical works, which by reason of a determination by the Commission under subsection (27) are specified works, the registered electrical contractor concerned shall issue a completion certificate to the person who requested the works to be carried out. | ||
(14) Where specified works are carried out by an electrical contractor who is not a member of a designated body, the person on whose behalf the specified works are being carried out shall request a designated body to arrange for the carrying out of an inspection of the works and, if the works meet the safety requirements approved by the Commission, for the issue of a completion certificate. | ||
(15) A designated body which receives a request under subsection (14) shall arrange for the carrying out of the inspection as soon as practicable and, if appropriate, the issue of a completion certificate. | ||
(16) Subject to subsection (17), a designated body shall be entitled to payment of fees and charges in respect of the inspection of the works, and those fees and charges shall be no greater than is set out in the tariff of fees and charges published by the designated body concerned. | ||
(17) The tariff of fees and charges referred to in subsection (16) 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. | ||
(18) 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 electrical work and may make provision relating to— | ||
(a) procedures to be followed, and | ||
(b) records to be maintained, | ||
by registered electrical contractors and a designated body in connection with the issue of such certificates. | ||
(19) (a) The Commission may conduct an inspection or audit of a 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). | ||
(20) The Commission may determine the appointment of a 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. | ||
(21) The Commission may appoint a person, including a person who is an employee of a designated body, to be an authorised officer for the purposes of carrying out inspections of electrical work— | ||
(a) of registered electrical contractors on any land where the authorised officer believes such work is being or has been carried out by such a contractor, or | ||
(b) which has been the subject of a completion certificate, | ||
but an authorised officer who is an employee of a designated body shall not exercise the powers conferred under this section as respects the work of a person who is a member of a designated body other than the designated body by which the authorised officer concerned is employed. | ||
(22) A person appointed to be an authorised officer under subsection (21) 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. | ||
(23) A registered electrical contractor and every employee or independent contractor of a registered electrical contractor 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 (19) including a person assisting the Commission pursuant to subsection (19). | ||
(24) 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 (19). | ||
(25) A person shall not describe himself or herself as a registered electrical contractor or in a manner likely to suggest that such person is a registered electrical contractor unless that person is for the time being a member of a designated body. | ||
(26) A person who contravenes subsection (4), (24) or (25) 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 €15,000 or a term of imprisonment not exceeding 3 years or to both. | ||
(27) The Commission, having consulted with such persons as it considers appropriate, may determine that a class or classes of electrical works be specified works. | ||
(28) In this section— | ||
‘completion certificate’ means a certificate the form of which has been specified by the Commission under subsection (18); | ||
‘ designated body ’ means a person appointed under subsection (1) to be a designated body for the purposes of this section; | ||
‘ specified works ’ means such class or classes of works as have been determined to be such by the Commission in accordance with subsection (27). | ||
Designated electrical works. | ||
9E.— (1) The Commission, having consulted with such persons as it considers appropriate, and with the consent of the Minister, may by regulations designate a class or classes of electrical works to be designated electrical works. | ||
(2) Where the Commission proposes to make regulations under subsection (1) the Minister, where he or she has approved the draft of such regulations, shall cause a draft of the regulations to be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft has been passed by each such House. | ||
(3) A person shall not carry out electrical works which are designated electrical works unless that person is a registered electrical contractor. | ||
(4) A person who contravenes subsection (3) 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 €15,000 or a term of imprisonment not exceeding 3 years or to both.”. |