Glossary Of Terms

Glossary of terms relevant to the implementation of the Building Control Act 2007 sourced from the Building Control Act, Directive 2005/36/EC and terms generally in use within the RIAI

Version No 5:  2016 

Term Meaning Source
Accompanying certificate A certificate listed in column 4 of Annex V.7.1 of the Directive, indicating that a certificate accompanying the evidence of qualifications, usually the equivalent of a professional qualification, is required for automatic recognition of an individual’s qualifications in a host Member State. For Irish architects moving to a host state, this is the “Certificate of fulfilment of qualification requirements for professional recognition as an architect”. Each Member State’s certificate is individually titled and each represents specific national requirements. RIAI
ACE Architects Council of Europe RIAI
Adaptation period (1) Means an adaptation period of such duration as the Admissions Board determines in accordance with the Directive; Building Control Act Section 2
Adaptation period (2) "(g) ‘adaptation period’: the pursuit of a regulated profession in the host Member State under the responsibility of a qualified member of that profession, such period of supervised practice possibly being accompanied by further training. This period of supervised practice shall be the subject of an assessment. The detailed rules governing the adaptation period and its assessment as well as the status of a migrant under supervision shall be laid down by the competent authority in the host Member State. The status enjoyed in the host Member State by the person undergoing the period of supervised practice, in particular in the matter of right of residence as well as obligations, social rights and benefits, allowances and remuneration, shall be established by the competent authorities in that Member State in accordance with applicable Community law;" Directive 2005/36/EC (Article 3.1(g))
Admissions Board Means an Admissions Board established under section 13, 28 or 42, as the context requires; Building Control Act Section 2
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; Building Control Act Section 2
Appeals Board Means an Appeals Board established under section 24, 38 or 52, as the context requires; (Section 24 in the case of Architects) Building Control Act Section 2
Aptitude test (1) Means an aptitude test of such character as the Admissions Board determines in accordance with the Directive; Building Control Act Section 2
Aptitude test (2) A test limited to the professional knowledge of the applicant, made by the competent authorities of the host Member State with the aim of assessing the ability of the applicant to pursue a regulated profession in that Member State. In order to permit this test to be carried out, the competent authorities shall draw up a list of subjects which, on the basis of a comparison of the education and training required in the Member State and that received by the applicant, are not covered by the diploma or other evidence of formal qualifications possessed by the applicant. The aptitude test must take account of the fact that the applicant is a qualified professional in the home Member State or the Member State from which he comes. It shall cover subjects to be selected from those on the list, knowledge of which is essential in order to be able to pursue the profession in the host Member State. The test may also include knowledge of the professional rules applicable to the activities in question in the host Member State. The detailed application of the aptitude test and the status, in the host Member State, of the applicant who wishes to prepare himself for the aptitude test in that State shall be determined by the competent authorities in that Member State; Directive 2005.36.EC (Article 3.1(h))
Assessors Assessors are appointed for a number of admission routes for Technical Assessment they are appointed by the Technical Assessment Board and provide that Board with an expert opinion; The RIAI appoints assessors to consider applications under section 14(2)(a)II and to provide an opinion on whether or not applicants under this route are eligible for exemption from the professional practice examination. Building Control Act 2007 section 21; section 14(2)(a)II /Route C
Attestation of Competence "Attestations of competence or evidence of formal qualifications shall satisfy the following conditions: (a) they shall have been issued by a competent authority in a Member State, designated in accordance with the legislative, regulatory or administrative provisions of that Member State; (b) they shall attest a level of professional qualification at least equivalent to the level immediately prior to that which is required in the host Member State, as described in Article 11." Article 13 Directive 2005/36/EC
Automatic recognition This process is open to a particular subset of professions (currently the ‘sectoral’ professions) set out in the Directive whereby individuals with specific qualifications and State level recognitions are entitled to ‘automatic recognition’ which means that a ‘host’ Member State’ must accept that the applicant has met the required standards on the basis of submission of the necessary verified information and cannot ‘look behind’ these qualifications Related to Title III Chapter III of Directive 2005/36/EC; Article 21
BAE Board of Architectural Education: a ‘statutory’ Committee of the RIAI appointed by the RIAI’s Council RIAI
BAEAC (Board of Architectural Education) Admissions Committee, a Committee established by the RIAI’s Council to address membership applications and related decisions RIAI
(BAE)AAP (Board of Architectural Education) Architects Assessment Panel: A Panel of Assessors established by RIAI Council which operates under the direction of the Board of Architectural Education to carry out all necessary assessment of architectural competence (e.g. for Admissions, CPD compliance, maintenance of accreditation etc.) RIAI
Cognate Qualification Qualifications assessed by the RIAI as being at the same level and covering the same essential areas of Knowledge Skill and Competence as qualifications prescribed under the Building Control Act 2007. RIAI
Competent Authority Any authority or body empowered by a Member State specifically to issue or receive training diplomas and other documents or information and to receive the applications, and take the decisions, referred to in this Directive; Directive 2005.36.EC (Article 3.1)
DIMIC Delegated IMI Coordinator (a civil servant in the Department of Education and Science) with responsibility for the EU’s internal communication mechanism for Competent Authorities (the IMI). RIAI
Council The RIAI’s Council which is the Institute’s Governing Body elected by the Membership RIAI
Directive Means Directive 2005/36/EC1 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; Building Control Act Section 2
Directive Rights National A National of an EU State or an EEA State or Switzerland who has qualifications covered by the Directive (or a person benefiting from specific provisions for relatives and asylum seekers) RIAI
EEA Agreement Means the Agreement on the European Economic Area signed at Oporto on 2 May 1992, as amended for the time being; Building Control Act Section 2
EEA measure Means a measure or decision taken by the Joint Committee under the EEA Agreement; Building Control Act Section 2
ENACA European Network of Architects Competent Authorities. The RIAI is a member of this network which meets regularly to progress Administrative Co-operation between Competent Authorities. See www.enaca.eu
evidence of formal qualifications Diplomas, certificates and other evidence issued by an authority in a Member State designated pursuant to legislative, regulatory or administrative provisions of that Member State and certifying successful completion of professional training obtained mainly in the Community. Where the first sentence of this definition does not apply, evidence of formal qualifications referred to in paragraph 3 shall be treated as evidence of formal qualifications; Directive 2005.36.EC (Article 3.1)
General System This relates to Articles 10 to 15 (also described as Title III, Chapter I) of Directive 2005/36/EC and relates to the recognition of professionals based on an individualised review of qualifications by the ‘host state, and, if necessary, the application of ‘compensations measures (see aptitude test and Adaptation period above) to address gaps identified. Access to this mode of recognition is dependent on the ‘home’ state providing an ‘attestation of competence’
Home State EU Member State in which an EU national acquired his or her qualifications. One does not have to be a ‘national’ of the ‘Home State’ Article 1 Directive 2005/36/EC
Host State EU Member State in which a person is seeking recognition not having acquired his or her relevant qualifications in that State. RIAI
IMI The Internal Market Information system is a secure online information exchange mechanism provided by the European Commission which is designed to provide Member States with the tools required for them to cooperate with each other in order to improve the implementation of Internal Market legislation. Full access is restricted to ‘request handlers’ in the case of the RIAI these are the Admissions Director and the Admissions officer. RIAI
Listed Qualification A qualification listed in Annex V or VI of the Directive which is part of the proof of Directive Rights or Acquired Rights under the Directive. RIAI
manager of an undertaking Any person who in an undertaking in the occupational field in question has pursued an activity: (i) as a manager of an undertaking or a manager of a branch of an undertaking; or (ii) as a deputy to the proprietor or the manager of an undertaking where that post involves responsibility equivalent to that of the proprietor or manager represented; or (iii) in a managerial post with duties of a commercial and/or technical nature and with responsibility for one or more departments of the undertaking. Directive 2005.36.EC (Article 3.1)
member of the World Trade Organisation Means a party to the Agreement establishing the World Trade Organisation; Building Control Act Section 2
Member State Means a Member State of the European Union and includes the following: 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; the Swiss Confederation; Building Control Act Section 2
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; Building Control Act Section 2
Minister As of 2011 this means the Minister for the Environment, Community and Local Government, previously the Minister for the Environment, Heritage and Local Government; Building Control Act Section 2
NIMIC National IMI Coordinator (a civil servant in the Department of Enterprise, Trade and Employment) with responsibility for the EU’s internal communication mechanism for Competent Authorities (the IMI). RIAI
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; Building Control Act Section 2
practical experience assessment procedures "Means the procedures under, as the context requires— sections 21(4) and (5) and 22, section 36, or section 50; (Sections 21 and 22 in the case of architects)" Building Control Act Section 2
prescribed Means prescribed by regulations made by the Minister under this Act; Building Control Act Section 2
Prescribed qualification A qualification prescribed in accordance with Subsection 14(5) of the Building Control Act 2007 RIAI
Professional Conduct Committee Means a Professional Conduct Committee established under section 23, 37 or 51, as the context requires; Building Control Act Section 2
professional experience The actual and lawful pursuit of the profession concerned in a Member State; Directive 2005.36.EC (Article 3.1)
professional misconduct "in relation to a registered professional, means any act, omission or pattern of conduct of the registered professional that— is in breach of the code prepared by the relevant registration body, or 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);" Building Control Act Section 2
Professional qualifications Qualifications attested by evidence of formal qualifications, an attestation of competence referred to in Article 11, point (a), subparagraph (i) and/or professional experience; Directive 2005.36.EC (Article 3.1)
Registered professional Means a person who is registered in the register under Part 3, 4 or 5, as the context requires; (Part 3 in the case of Architects) Building Control Act Section 2
Registrar Means a person appointed under section 19, 33 or 47, as the context requires; (Section 19 in the case of Architects) Building Control Act Section 2
Registration body "Means, with respect to— Part 3, the Royal Institute of Architects of Ireland, Parts 4 and 5, the Society of Chartered Surveyors, 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;" Building Control Act Section 2
Regulated education and training Any training which is specifically geared to the pursuit of a given profession and which comprises a course or courses complemented, where appropriate, by professional training, or probationary or professional practice. The structure and level of the professional training, probationary or professional practice shall be determined by the laws, regulations or administrative provisions of the Member State concerned or monitored or approved by the authority designated for that purpose; Directive 2005.36.EC (Article 3.1)
Regulated profession A professional activity or group of professional activities, access to which, the pursuit of which, or one of the modes of pursuit of which is subject, directly or indirectly, by virtue of legislative, regulatory or administrative provisions to the possession of specific professional qualifications; in particular, the use of a professional title limited by legislative, regulatory or administrative provisions to holders of a given professional qualification shall constitute a mode of pursuit. Where the first sentence of this definition does not apply, a profession referred to in paragraph 2 shall be treated as a regulated profession; Directive 2005.36.EC (Article 3.1)
Relevant measure Means— 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 a measure that is in force by virtue of the Swiss Confederation Agreement; Building Control Act Section 2
Services Directive Directive 2006/123/EC of 12 December 2006 on services in the internal market came into force on 28 December 2009. The Directive is being implemented under the guidance of the Department of Enterprise, trade and Employment. Details here: www.pointofsinglecontact.ie . Directive 2006/123/EC
SOLVIT SOLVIT is an informal problem-solving network launched by the European Commission in 2002. It was created to solve problems that EU citizens or businesses are experiencing with the public administrations of EU Member States. These problems must be associated with a denial of their Internal Market rights due to Internal Market law not being applied correctly. There are SOLVIT Centres in all EU and EEA States. Irish SOLVIT Centre is at: http://www.solvitireland.ie RIAI
Specified in relation to a fee or an amount of a fee, means specified under section 62; Building Control Act Section 2
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; Building Control Act Section 2
Technical Assessment Board Means a Technical Assessment Board established under section 21, 35 or 49, as the context requires; (Section 21 in the case of Architects) Building Control Act Section 2
Part 3 The UK architectural education system is divided into three parts. Parts 1 and 2 combined are the equivalent of an Irish ‘prescribed’ qualifications in Architecture (generally of 5 years duration). The Part 3 is the equivalent of the Irish professional Practice examination (in UCD the ‘Professional Diploma’). While the Part 1,2,3 system is specific to the UK, the language of the system is common parlance in Ireland with Irish architects regularly referring to their “Part 3” RIAI
World Trade Organisation Means the organisation established under the Agreement establishing the World Trade Organisation. Building Control Act Section 2
Z- Additional Notes Section 2 (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. Building Control Act Section 2
Z- Additional Notes Section 2 (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. Building Control Act Section 2