S.L. 623.1 Art. 32Independent control system.

(1) The Building and Construction Authority shall ensure that independent control systems for EPCs and reports on the inspection of heating or air-conditioning systems are established in accordance with Schedule II. The Building and Construction Authority may establish separate systems for the control of EPCs and for the control of reports on the inspection of heating and air-conditioning systems.

(2) The Building and Construction Authority may delegate the responsibilities for implementing the independent control systems. Where the Building and Construction Authority decides to do so, it shall ensure that the independent control systems are implemented in compliance with Schedule II.

(3) (a) Further to an independent control and the official report issued in accordance with item 6 of Schedule II, on the basis of errors or lack of detail identified in EPCs or inspection reports within the respective samples, the Building and Construction Authority may take the following actions:

(i) revoke the respective EPC or inspection report in accordance with regulation 22;

(ii) a new EPC incorporating amendments necessary shall be registered and issued by the respective assessor in accordance with paragraph (aa) of sub-regulation 1 of regulation 23. Amendments shall be carried out to the satisfaction of the Building and Construction Authority. All expenses related to the new EPC shall be borne by the respective assessor. The new EPC shall be registered within fourteen days. If the assessor does not comply with these requirements within this period, he shall be removed from the list of registered assessors until full compliance with this sub-regulation is achieved;

(iii) impose a fine (multa) in accordance with regulation 40;

(iv) suspend or terminate the registration of the relevant EPB assessor in accordance with sub-regulation

(9) of regulation 25;

(v) suspend or terminate the registration of the relevant inspector of heating or air-conditioning systems in accordance with sub-regulation (6) of regulation 26;

(b) Decisions of the Building and Construction Authority in accordance with paragraph (a) may be appealed in accordance with article 12(1) of the Act. These decisions provided under article 12(1) of the Act shall be subject to the right of appeal before the Building and Construction Tribunal in accordance with the provisions of Part VIII of the Act, or the Court of Appeal (Inferior Jurisdiction) in accordance with article 47 of the Act, as the case may be.