Building and Construction Consultative Council Regulations, 2023

L.N. 255 of 2023

BUILDING AND CONSTRUCTION AUTHORITY ACT

(CAP. 623)

Building and Construction Consultative Council Regulations, 2023

IN EXERCISE of the powers conferred by article 49 of the

Building and Construction Authority Act, the Minister responsible for

the construction industry, has made the following regulations: -

The title of these regulations is the Building and

Construction Consultative Council Regulations, 2023.

In these regulations, unless the context otherwise requires

"the Act" means the Building and Construction Authority

Act;

"Authority" means the Building and

Construction

Authority as established by article 5 of the Act;

"Board" means the Building and Construction Authority

Board as established by article 11 of the Act;

"Council" means the Building and Construction

Consultative Council established by article 49 of the Act;

"industry” means the building and construction industry;

"interested parties" means any entity, being in the public or

private sector, having an interest in the building and construction

industry;

"Minister" means the Minister responsible for the

construction industry.

(1) The Council shall be appointed by the Minister and

shall consist of the following

(a) a Chairperson and a Deputy Chairperson, who shall

be independent members chosen from amongst persons of

known integrity and with knowledge of and experience in

matters related to the building and construction industry

Provided that the Deputy Chairperson shall have all

the powers and perform all the functions of the Chairperson

during the Chairperson’s temporary absence or the inability of

the Chairperson to carry out his functions;;

(b) not less than seven (7)and not more than fifteen (15)

members, being not more than one representative from each of

the interested national constituted bodies, recognised by the

Minister by means of notice published in the Gazette;

(2) The Minister may, after consultation with the Chairperson

as the case may be, remove any member from the Council for reasons

of misconduct, or lack of attendance, or inability to perform the

functions of a member.

(3) In the event that a member is removed from office in terms

of sub-regulation (2), the Minister shall appoint another member from

the national constituted body represented by the member being

replaced, provided that the term of office shall terminate by the end of

the appointment of the original member being replaced.

(4) Any entity that is not represented on the Council, may,

through a request made to the Board, demand to be added in the list of

the national constituted bodies.

(5) The Minister, after consultation with the Council and the

Board, may accept the request made in accordance with sub-regulation

(4) if it is evident that such an entity has an interest in being involved

in the discussions according to the objectives of the Act, and the

member representative of the entity shall thus be appointed to form

part of the Council

Provided that from time to time, the Minister may add other

entities to form part of the Council to widen the forum and

participation of stakeholders to enhance the scope of the Council in

terms of the Act.

The Council shall have a Secretary to be appointed by the Secretary to the

Minister who shall have such duties as may be assigned to him by the Board.

Council.

The Authority shall provide the necessary administrative Administrative

support.

support to the Council for the proper performance of its functions.

(1) The members of the Council, and the secretary, shall Term of office.

hold office for a term of three (3) years.

(2) Members of the Council and the secretary shall be eligible

for reappointment for further terms on the expiration of their original

term of office.

The members of the Council shall be remunerated in

accordance with criteria as may be applicable from time to time within

the public sector.

(1) In addition to the functions established under article

49 of the Act and in order to achieve the objectives of the Council in

terms of the Act, the Council shall have the following functions

(a) to provide advice to the Minister and, or the

Authority in terms of the Act;

(b) to promote participation and dialogue between all

interested parties on matters related to, or having to do with the

industry;

(c) to improve and strengthen communication between

the interested parties;

(d) to monitor the industry and identify issues that relate

to sustainable building and construction, issues that affect the

interested parties and propose strategies to the Authority;

(e) at the request of the Authority, to draw up, examine or

make recommendations on legislation, on policy or on

administrative proposals related to the objectives of the Act and

functions of the Authority;

(f) to identify and promote education, training and

research;

(g) to perform such other functions as may, from time to

time, be assigned to it by the Minister in consultation with the

Authority.

(2)

The Council may also: -

(a) make recommendations to the Board on matters

related to the industry;

(b) propose to the Board such amendments to laws and

regulations, policies, and any administrative processes and

practices in relation to the industry as it may deem appropriate;

(c) propose to the Board any policies related to

sustainable development within the industry;

(d) gives recommendations to the Board on any matters

related to the national building and construction codes and other

regulations related to standards that may be adopted by the

industry;

(e) make recommendations to the Minister on any matter

related to the objectives and functions of the Council.

(1) The meetings of the Council shall be called by the Meetings of the

Chairperson either on his own initiative or after accepting the request Council

procedure.

of any member of the Council and the Council shall meet at such times

as it may itself decide

Provided that the Council shall meet at least once every

calendar month.

(2) The quorum of the Council shall consist of the Chairperson

or the deputy Chairperson and not less than half the number of the

other members constituting the Council, at the time of the meeting.

(3) Decisions of the Council shall be taken by a simple

majority of the members present at the meeting, and the Chairperson

shall have an original vote and in the event of an equality of votes, a

casting vote.

(4) The Council may act notwithstanding any vacancy in its

membership provided that a quorum is obtained.

(5) The minutes of each meeting must be kept by the Secretary

and must be read and approved at the beginning of the following

meeting. The minutes shall be made accessible to any person upon

request to the Secretary.

(6)

The Council shall otherwise regulate its own procedure.

The Council may, in the exercise of its functions and, or in Participation of

its deliberations on specific issues or cases, ask for submissions from other

entities and

public entities, as well as for the opinion or knowledge of experts from experts.

the industry or from the NGOs, as it deems appropriate.

(1) The Council shall report to the Board at least every Report to the

six (6) months, and shall, inter alia, include a general report on the Board.

procedures and objectives achieved by the Council in the period to

which it refers.

(2) The report referred to in sub-regulation (1) shall be

presented to the Minister by the Secretary of the Council.

(3) The Board may, from time to time, give directives to the

Council in writing, as it may deem appropriate, which directives shall

be consistent with the provisions of these regulations and any other

regulations made under the Act for the better performance of any of

the provisions of these regulations. The Council shall, as soon as it is

practically possible, give effect and execute such directives given to it

by the Board.

(4) The Chairperson of the Council may, from time to time,

address the Board on any matters which the Council may deem

appropriate following a request made for such purpose to the Secretary

of the Board, or following an invitation made by the Board.

(1) The Council shall receive all documents and records

of proceedings pertaining to the Building Industry Consultative

Council constituted under the Parliamentary resolution seventy-four

Council (BICC).

(74) of the 3 rd of November 1997, and following consultation with the

Board, shall continue to follow only those pending matters as directed

by the Board.

(2) Any assets that the Building Industry Consultative Council

may have had before the entry into force of these regulations shall be

transferred to the Authority.

€045