3.7.2.

(1) A registered code agency may not be appointed to perform functions under section 15.15 of the Act in respect of a building or continue to act under an appointment in respect of a building if the registered code agency,

(a) is not registered under Section 3.4. in respect of the class of registration to which the construction of the building relates, or

(b) is in breach of a condition of its registration under Article 3.4.3.7.

(2) Where under Section 1.2. the design and general review of construction of a building must be undertaken by an architect or professional engineer or both, a registered code agency may not be appointed to perform functions under section 15.15 of the Act or continue to act under an appointment in respect of the construction of the building unless the registered code agency or an officer, director, partner or employee of the registered code agency is an architect or professional engineer or both, as the case may be.

(3) A registered code agency shall not be appointed under the Act or continue to act under an appointment if the registered code agency would be in a conflict of interest.

(4) For the purposes of Sentence (3), a registered code agency would be in a conflict of interest if the registered code agency or an officer, director, partner or employee of the registered code agency or any person engaged by the registered code agency to perform functions for it,

(a) has participated or participates, in any capacity, in design activities or construction relating to any part of the building to which an appointment relates,

(b) is or has been employed within the previous 180 days by a person who carried out design activities or construction relating to any part of the building,

(c) has a professional or financial interest in,

(i) the construction of the building to which the appointment relates,

(ii) the building to which the appointment relates, or

(iii) the person responsible for the design of the building to which the appointment relates,

(d) is an elected official, officer or employee of a principal authority.

(5) For the purposes of Clause (4)(c), involvement with a building as a registered code agency and entitlement to any fee paid for acting as a registered code agency in respect of a building shall not be considered to be a professional or financial interest in the construction of the building, the building or the person responsible for the design of the building.