221FRestriction concerning specialised plumbing work

221F Restriction concerning specialised plumbing work S. 221F(1) amended by Nos 31/2007 s. 5, 33/2010 s. 34, 34/2013 s. 34(Sch. 1 item 34). (1) A person must not carry out any class or type of specialised plumbing work unless he or she is licensed or registered by the Authority to carry out that class or type of work. S. 221F(2) inserted by No. 99/1997 s. 121(3), amended by No. 21/2017 s. 97. (2) Despite subsection (1) a person who is authorised under an accepted safety case under the **Gas Safety Act 1997** and registered under section 221R to carry out a particular class or type of gasfitting work which is specialised plumbing work may carry out that work without being licensed by the Authority to carry out that class or type of work. S. 221FA inserted by No. 31/2007 s. 6, amended by No. 33/2010 s. 35. 221FA Plumbing work must comply with this Part and regulations A licensed plumber or a registered plumber must not carry out any plumbing work or specialised plumbing work that does not comply with this Part or the regulations made under this Part. S. 221G inserted by No. 39/1996 s. 5. 221G Obligations on licensed plumbers concerning their agents (1) A licensed plumber must not permit a person to carry out on his or her behalf, or direct a person to carry out, any plumbing work or specialised plumbing work— (a) that is of a class or type in respect of which the person is not licensed or registered under this Part; or (b) that is defective in workmanship or that involves the use of materials that the licensed plumber knows, or reasonably ought to know, are defective or that does not comply with the plumbing laws. S. 221G(2) amended by No. 75/1998 s. 7(2). (2) However, subsection (1)(a) does not apply to plumbing work of a particular class or type carried out by a plumbing apprentice under the supervision of a licensed plumber who is licensed or registered to carry out that class or type of work. S. 221H inserted by No. 39/1996 s. 5. 221H People involved in a plumbing business need not be licensed or registered (1) A person does not carry out any plumbing work or specialised plumbing work for the purposes of this Part merely because he, she or it owns, operates, manages or otherwise participates in, is employed by, or shares in the profits of, any business that carries out plumbing work or specialised plumbing work. S. 221H(2) amended by Nos 75/1998 s. 5(b), 34/2013 s. 34(Sch. 1 item 35). (2) A person may employ, or supply the services of, licensed and registered plumbers without being licensed or registered by the Authority. S. 221H(3) amended by No. 21/2017 s. 87. (3) A person who owns, operates, manages or otherwise participates in, is employed by, or shares in the profits of, any business that carries out plumbing work or specialised plumbing work must not cause or permit any plumbing work or specialised plumbing work to be carried out on behalf of the business by a person who is not permitted by this Part to carry out that work. S. 221HA inserted by No. 21/2017 s. 42. 221HA No entitlement to consideration under contract (1) This section applies if a person— (a) enters into a contract to carry out plumbing work or specialised plumbing work; and (b) the person— (i) carries out that class or type of work despite not being permitted under this Part to do so in contravention of section 221D; or (ii) causes or permits a person who is not permitted under this Part to carry out that class or type of work in contravention of section 221H(3). (2) The person is not entitled to consideration under the contract unless the amount claimed— (a) is not more than the amount of the costs reasonably incurred by the person in supplying materials and labour for carrying out work under the contract; and (b) does not include— (i) an amount for the supply of the person's own labour; or (ii) an amount of profit by the person for carrying out work under the contract; and (c) is not more than the person would have been entitled to recover for carrying out work under the contract; and (d) does not include any amount paid by the person that is for the person's own direct or indirect benefit. (3) A person may recover from another person in a court of competent jurisdiction, as a debt due to the person, any amount the person paid to the other person in respect of anything the other person— (a) did in contravention of section 221D; or (b) caused or permitted another person to do in contravention of section 221H(3). S. 221I (Heading) inserted by No. 36/2008 s. 17(1). S. 221I inserted by No. 39/1996 s. 5.