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Bahamas Numbered Acts |
No. 12 of 2004 |
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AN ACT TO PROVIDE FOR THE REGISTRATION OF |
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ENGINEERS, FOR THE REGULATION AND |
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CONTROL OF PROFESSIONAL ENGINEERING AND |
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RELATED PURPOSES |
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[Date of Assent - 1st July, 2004] |
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Enacted by the Parliament of The Bahamas. |
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Part I |
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Preliminary |
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1.(1)
This Act may be cited as the
Professional Engineers Act, 2004.
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Short title and commencement. |
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(2)
This Act shall come into
operation on such date as the Minister may appoint by notice
published in the Gazette.
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2.
In this Act -
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Interpretation. |
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"Accreditation Committee" means the Committee established by section 7(2); |
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"Appeals Tribunal" means the Tribunal established under section 21; |
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"Applicant" means an individual applying under the provisions of this Act for registration as a professional engineer as the context requires; |
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"Assessment Committee" means the Committee established by section 7(4); |
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"Association" means The Bahamas Institution of Professional Engineers or The Bahamas Society of Engineers or any other association of Engineers recognized by the Minister; |
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"Board" means the Professional Engineers Board established by section 3; |
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"certificate of registration" means a certificate of registration issued under section 11; |
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"certificate of temporary registration" means a certificate of temporary registration issued under section 11; |
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"Chairman" means the Chairman of the Board appointed under subsection (4) of section 3; |
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"discipline" means the particular sphere of engineering in which the professional engineer is registered; |
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"Minister" means the Minister responsible for Public Works; |
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"prescribed examination" means the examination conducted by the Board under this Act for the purpose of assessing the professional ability of individuals applying for registration as a Professional Engineer; |
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"professional engineer" means a registered engineer engaged in the practice of professional engineering; |
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"professional engineering" means the act of designing, planning, directing or supervising, or managing any engineering works which requires the application of engineering principles and that concerns the safeguarding of life, health, property, economic interest, the public welfare or the environment"; |
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"Register" means the Register of Professional Engineers provided for in section 8; |
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"registered engineer" means an individual whose name appears on the Register; |
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"relevant date" means the date of commencement of this Act; |
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"Registrar" means the Registrar to the Board appointed under section 6; |
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"seal" means a seal issued to a registered engineer under this Act; and |
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"to register" means to enter the name of a professional engineer in the Register. |
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PART II |
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The Professional Engineer's Board |
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3.(1)
There is hereby established a
body to be known as the Professional Engineers Board, which shall
discharge the responsibilities, assigned
to the Board by or under
this Act.
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Establishment of the Board. |
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(2)
Subject to the provisions of
subsection (3), the Board shall consist of the following members,
to be appointed by the Minister -
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(a)
one registered engineer, being
the Director of Public Works or such other registered engineer in
the Public Service as the Minister
sees fit;
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(b)
two registered engineers
appointed by the Minister, with neither of the two being from the
same discipline;
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(c)
two registered engineers
appointed by the Minister acting with the concurrence of The
Bahamas Institution of Professional Engineers;
and
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(d)
two registered engineers
appointed by the Minister acting with the concurrence of The
Bahamas Society of Engineers.
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(3)
The Minister shall not -
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(a)
appoint more than three persons
from the same discipline to be members of the Board at the same
time: or
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(b)
appoint as a member of the Board
any person -
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(i)
who, under the law of The
Bahamas, is not a citizen or permanent resident of The Bahamas,
or
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(ii)
who has been engaged in the
practice of professional engineering for a period of less than five
years.
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(4)
The members of the Board shall
appoint one of the members to be Chairman of the Board.
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4.(1)
The members of the Board shall
hold office for the period of two years next following the
respective dates of their appointment and
shall be eligible for
reappointment; but neither the two members appointed under section
3(2)(b) nor the members appointed under
sections 3(2)(c) and
3(2)(d) shall hold office for more than two consecutive
terms.
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Terms of office of Board Members. |
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(2)
The Minister may, if he thinks
it expedient so to do, at any time revoke the appointment of any
member of the Board:
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Provided that where the member was appointed under section 3(2)(c) and 3(2)(d), the Minister shall not, without the prior concurrence of the Association. revoke the appointment of the member. |
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(3)
If any vacancy occurs in the
membership of the Board, such vacancy shall be tilled by the
appointment of another member, who shall
hold office for the
remainder of the period for which the previous member was
appointed, so, however, that such appointment shall
be made in the
same manner and from the same category of persons as the
appointment of the previous member.
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(4)
A member other than the
Chairman may at any time resign his office by instrument addressed
to the Minister and transmitted through
the Chairman.
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(5)
The Chairman may at any time
resign his office by instrument addressed to the Minister.
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5.(1)
The Board shall meet at such
times as may be necessary or expedient for the transaction of its
business, but not less than once every
three months, and such
meetings shall be held at such places and times and on such days as
the Board may determine.
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Meetings of the Board. |
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(2)
The quorum of the Board shall
he four.
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(3)
The decisions of the Board
shall be by a majority of votes and, in addition to an original
vote, the Chairman or other person presiding
at a meeting shall
have a second or casting vote in any case in which the voting is
equal.
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(4)
Subject to the provisions of
this Act, the Board may regulate its own proceedings.
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(5)
The Chairman shall cause to be
given to a member, fourteen days written notice by registered mail
of a meeting of the Board.
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6.
The Minister shall appoint a
Registrar who shall perform the functions assigned to the Registrar
by or under this Act and shall provide
the Board with such other
staff and accommodation. services and other facilities as appear to
the Minister to be necessary or expedient
for the performance of
the functions of the Board.
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Registrar and other staff, etc, for the Board. |
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7.(1)
The functions of the Board are
-
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Functions of the Board and Committees. |
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(a)
to conduct or arrange for the
conduct of an examination, where appropriate for the purpose of
assessing the professional ability of
individuals applying for
registration;
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(b)
to register professional
engineers, and to issue certificates of registration and
seals;
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(c)
to safeguard against illegal,
improper or unethical engineering practices;
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(d)
to exercise disciplinary control
over registered engineers;
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(e)
to publish in the Gazette a list
of qualifications and institutions recognized by the Board in
respect of the engineering academic
training required for
eligibility to sit the prescribed examination;
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(f)
to make recommendations to the
Minister regarding amendments to the law relating to professional
engineers;
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(g)
to advise the Minister on any
matter which the Minister refers to the Board relating to the
practice of professional engineering;
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(h)
to regulate the practice of
professional engineering in accordance with this Act; and
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(i)
to advise the Minister on such
matters of professional concern to members of the engineering
Associations as the Associations may
refer to the Board.
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(2)
The Board shall establish a
Committee to be known as the Accreditation Committee consisting of
not less than ten and not more than
fifteen registered
engineers.
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(3)
The functions of the
Accreditation Committee shall be -
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(a)
to assess and keep under review
the academic qualifications required for registration as a
professional engineer;
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(b)
to examine, investigate and
report to the Assessment Committee on, the academic qualifications
of individuals applying for registration
under this Act;
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(c)
to assist the Board in the
preparation and conduct of the prescribed examination when the
conduct of such examination is required
pursuant to paragraph (a)
of section 9(2): and
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(d)
to assist the Board in the
preparation of the list mentioned in paragraph (e) of subsection
(1).
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(4)
The Board shall establish a
committee to be known as the Assessment Committee consisting of not
less than three and not more than
eleven registered
engineers.
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(5)
The function of the Assessment
Committee shall be to assist the Board to assess the qualifications
and experience of applicants for
registration and, in the discharge
of this function, the Assessment Committee shall -
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(a)
review the post-graduate
training, and assess the engineering practice of applicants;
and
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(b)
make recommendations to the Board
as to whether the applicants are qualified to sit the prescribed
examination.
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PART III |
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Registration of Professional Engineers |
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8.(1)
The Board shall cause the
Registrar to keep a register, to be known as " the Register of
Professional Engineers" which shall contain
the name and address of
every professional engineer registered under this Act, the
qualifications by virtue of which he is registered
and such other
particulars as may be prescribed.
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Register of Professional Engineers. |
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(2)
The Register shall he divided
into sections adapted to contain the particulars of the several
categories of disciplines in respect
of which persons may he
registered tinder the Act.
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(3)
The categories of disciplines
in respect of which professional engineers may he registered under
this Act are set out in the First
Schedule.
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First Schedule. |
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(4)
The Register shall he open to
inspection by any member of the public at the office of the
Registrar during normal office hours.
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9.(1)
Notwithstanding subsections
(2) and (3) of section 11, an individual is entitled to be
registered in the relevant section of the Register
if upon his
written application, to the Board for registration as a
professional engineer, he satisfies the Board that -
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Qualifications for registration. |
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(a)
he is qualified to be registered
as a professional engineer; and
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(b)
he is a fit and proper individual
to practise as a registered engineer.
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(2)
For the purposes of subsection
(1), an individual is qualified to be registered as a professional
engineer, if on application to the
Board, the applicant has not
been disqualified or suspended from the practice of professional
engineering in any place outside The
Bahamas and -
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(a)
is the holder of a Bachelor of
Science degree or equivalent from a learning institution approved
by the Board in a discipline of engineering
listed in the First
Schedule, and has been engaged in the practice of engineering for a
period of not less than four years and is
successful in the
examination conducted by the Board under section 7(1)(a); or
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First Schedule. |
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(b)
is the holder of a Bachelor of
Science Degree in Engineering Technology accredited by the
Engineering Accreditation Commission of
the united States of
America, or a Higher National Diploma (HND) approved by the
Engineering Council of the United Kingdom, or equivalent
in a
discipline of engineering listed in the First Schedule obtained
before December 31st , 2003, and has been engaged in the practice
of engineering for a period of not less than eight years and is
successful in the examination conducted by the Board under section
7(1)(a); or
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First Schedule. |
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(c)
on the relevant date of this Act
he is a Corporate Member of The Bahamas Institution of Professional
Engineers or such association
of engineers as may be approved by
the Board; or
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(d)
is registered as a professional
engineer by a legally empowered engineering registration authority
in the United States of America.
Canada, the United Kingdom and any
of the countries of the Carribean Community and, in the opinion of
the Board, such registration
is evidence of satisfactory training
in engineering; or
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(e)
has had not less than fifteen
years practical experience in the specific discipline and specialty
which he has been training in, the
last live of which he should
have been in charge of engineering works, and has demonstrated to
the satisfaction of the Board that
he is proficient in the design
and execution of engineering works:
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Provided an applicant for registration as a professional engineer by virtue of subsection 2(c) of this section shall only be entitled to such registration over the period commencing on the relevant date of the Act and ending twelve months thereafter, after which the provisions of subsection (2)(c) shall be discontinued. In addition an applicant for registration as a professional engineer by virtue of subsection 9(2)(e) shall only be entitled to such registration over the period commencing on the relevant date of the Act and ending one year thereafter, after which time the provisions of subsection (2)(e) shall be discontinued. All applications from thenceforth shall be considered by the Board in accordance with subsections (2)(a), (b) and (d) of this section. |
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10.(1)
Notwithstanding subsection (2)
of this section, or section 9, or subsections (2) and (3) of
section 11, an individual is entitled
to be temporarily registered
in the relevant section of the Register, for a period not exceeding
six months, upon his written application
to the Board for
registration as a professional engineer, if he satisfies the Board
that -
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Qualifications for temporary registration. |
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(a)
he is qualified to be registered
under section 9(1) and 9(2)(a), (b) or (d):
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(b)
he is temporarily in The Bahamas
for the purpose of-carrying out work in connection with a
particular project specified in his application;
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(c)
he is qualified in a specialist
field of engineering not readily available in The Bahamas as
evidenced by his registration in that
field by a legally empowered
engineering authority in a country approved by the Board;
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(d)
there are some special
circumstances which would warrant his temporary registration;
and
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(e)
he is associated with an Engineer
whose name appears on the Register; or is on temporary assignment
from an international lending
agency, or from a United Nations
Agency, the Commonwealth Secretariat or a similar sponsoring
organization approved by the Minister
after consultation with the
Board, to carry out work on a particular project for a specified
time.
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(2)
The Board may refuse to
temporarily register an individual applying for registration or may
suspend or revoke a certificate of temporary
registration where the
Board is of the opinion upon reasonable and probable grounds
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(a)
that the past conduct of the
applicant, or the holder of the certificate of temporary
registration, affords grounds for the belief
that the applicant or
holder will not engage in the practice of-professional engineering
in accordance with the law and with honesty
and integrity:
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(b)
that the applicant for the
certificate of temporary registration does not meet the
requirements or qualifications for the issue of
a certificate of
temporary registration as set out in this Act; and
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(c)
that there has been a breach of a
condition of the certificate of temporary registration.
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11.(1)
Every individual wishing to be
registered shall make application therefor to the Board and shall
furnish to the Board -
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Certificate of registration, or of temporary registration and seal. |
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(a)
proof of his identity and
residential status in The Bahamas;
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(b)
the documents conferring or
evidencing his qualifications and experience; and
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(c)
such other particulars as may be
prescribed or as may be required by the Board in any particular
case.
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(2)
An application for
registration made under this Act by an individual who is not a
citizen of The Bahamas, or who is not a Public Officer.
shall not
be favourably determined without the concurrence of the Minister
responsible for Immigration.
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(3)
As soon as practicable alter
receipt of an application under subsection (1), the Board shall
consider the application and make a determination
as to whether or
not the applicant should be registered.
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(4)
The determination made by the
Board in respect of an application for registration shall be
communicated to the applicant and, in the
case of a favourable
determination the Board shall, upon receipt of the prescribed fee
from the applicant, direct the Registrar to
enter the name of the
applicant in the relevant section of the Register and to issue to
the applicant a certificate of registration
or (if the applicant is
temporarily registered) a certificate of temporary registration,
and a seal:
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Provided that no fee shall be payable in respect of registration or renewal of registration by a Public Officer. |
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(5)
The certificate of
registration, certificate of temporary registration and seal issued
under subsection (4) shall be in such form
as may be
prescribed.
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(6)
A certificate of registration
shall take effect on the date specified on the certificate as the
date on which it is to take effect
and shall expire on the 31st day
of December in the year in which it was issued.
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(7)
A certificate of registration
shall be subject to such conditions (if any) as the Board may
determine and shall be renewed upon application
of the holder
thereof and upon payment of the prescribed fee, unless the name of
the holder has been removed from the Register as
a result of
disciplinary action under section 14.
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(8)
A certificate of temporary
registration shall he subject to such conditions (if any) as the
Board may determine and shall take effect
and expire on the
respective e dates specified on the certificate as the dates on
which it is to take effect and expire, respectively.
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(9)
A certified copy of a
certificate of registration, or a certificate of temporary
registration, made by the Registrar shall be prima
facie evidence
in any court that the person to whom the certificate relates is a
registered engineer.
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(10)
A letter signed by the
Registrar stating that a person is not a registered engineer shall
be prima facie evidence in any court of
that fact.
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(11)
The holder of a certificate of
registration, or a certificate of temporary registration, shall
display it in a prominent position
at his place of work.
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(12)
The seal and signature of a
registered engineer shall be affixed to every document or drawing
prepared by him.
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(13)
Where a certificate of
registration, certificate of temporary registration or seal has
been lost, destroyed or mutilated it may be
replaced by the Board
by the issue of a copy thereof upon the application of the holder
and on the payment of the prescribed fee.
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(14)
The Board shall cause to be
published in the Gazette -
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(a)
as soon as practicable after the
expiration of thirty days after the commencement of this Act, a
list containing the name and address
of every individual who, at
the thirtieth day after such commencement, is a registered
engineer; and
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(b)
thereafter in the month of
February in each year. a list containing the name and address of
every engineer registered. or who has
ceased to he registered. at
31st day of January in that year.
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12.
Every individual registered
under this Act who obtains an engineering qualification approved by
the Board as higher than or additional
to that in respect of which
he is registered shall be entitled to have such higher or
additional qualifications inserted by the Registrar
in the Register
in substitution for or in addition to, as the case may be, the
qualifications in respect of which he is already registered.
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Additional qualifications. |
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PART IV |
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Discipline |
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13.
Every registered engineer
shall in pursuit of the practice of professional engineering comply
with, and be subject to, the rules of
professional conduct set out
in the Second Schedule.
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Code of Conduct. Second Schedule. |
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14.(1)
For the purposes of this Act,
"professional misconduct" means in relation to a registered
engineer -
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Professional Misconduct. |
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(a)
negligence;
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(b)
failure to make reasonable
provision for the safeguarding of life, health or property of a
person who may be affected by the work
for which the registered
engineer is responsible:
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(c)
failure to correct or to report a
situation that he believes may endanger the safety or welfare of
the public;
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(d)
failure to make responsible
provision for complying with applicable Acts, rules, regulations,
bye-laws, standards and codes in connection
with work being
undertaken by him or under his responsibility;
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(e)
signing or sealing a final
drawing, specification, plan, report or other engineering document
not actually prepared or checked by
him;
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(d)
failure to present clearly to his
employer the consequences to be expected from a deviation proposed
in work, if his professional
judgement is overruled by
non-technical authority in cases where he is responsible for the
technical adequacy of professional engineering
work;
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(e)
undertaking work which he is not
competent to perform by virtue of his engineering training or
professional experience;
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(f)
committing an act relevant to the
practice of professional engineering, which having regard to the
circumstances, would reasonably
he regarded by the engineering
profession as disgraceful, dishonourable or unprofessional;
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(g)
failure to abide by the terms or
conditions of his certificate of registration or of his certificate
of temporary registration, as
the case may be:
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(h)
failure to supply documents or
information requested by the disciplinary committee;
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(i)
permitting, counseling or
assisting a person who is not registered under this Act to engage
in the practice of professional engineering
except as provided for
in this Act;
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(j)
procuring his registration by a
statement which is false in a material particular;
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(k)
a conviction by a court in The
Bahamas or elsewhere of a criminal offence which, in the opinion of
the Board, renders him unfit to
be registered;
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(l)
the repeated performance of
defective work to which adequate checks have not been
applied;
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(m)
making any report in connection
with the performance of any engineering work containing information
which he knows to be erroneous
in any material particular; or
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(n)
being otherwise guilty of
negligence or incompetence in the performance of his functions as a
professional engineer or being guilty
of breaches of the Code of
Ethics.
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(2)
In this section. "negligence"
means an act or an omission in the carrying out of the work of a
registered engineer which constitutes
a failure to maintain the
standards which a reasonable and prudent registered engineer would
maintain in the circumstances.
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15.(1)
A complaint that an individual
registered under this Act has been guilty of professional
misconduct may be made to the Board by any
person in the prescribed
form and shall be accompanied by such statements and affidavits as
may be prescribed.
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Complaints of professional misconduct. |
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(2)
Where the Board is of the
opinion that any complaint so made might, if established, call for
the exercise by a disciplinary committee
of any of the disciplinary
powers conferred by section 17, the Board shall appoint such a
disciplinary committee and shall refer
the complaint to it.
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16.(1)
A disciplinary committee shall
consist of four members, of whom -
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Disciplinary Committee. |
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(a)
three shall be selected by the
Board from among registered engineers and shall be as far as
possible individuals of comparable professional
experience or
individuals professionally senior to the individual complained
against and of a similar discipline; and
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(b)
one shall he selected by the
Minister from among individuals of any profession of comparable
professional experience.
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(2)
The disciplinary committee
shall elect, from among the members mentioned in paragraph (a) of
subsection (1), a chairman of the committee.
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(3)
The disciplinary committee may
appoint a counsel and attorney, who for a period of at least ten
years has been in practice as such.
to attend any meeting of the
committee for the purpose of advising it on matters of law.
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(4)
In the conduct of the hearing
of any complaint the disciplinary committee shall ensure -
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(a)
that adequate notice of
proceedings is given to the individual complained against;
and
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(b)
that any party to the proceedings
may, if he so requires, be heard by the committee either in person
or by his counsel and attorney.
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(5)
At any such hearing the
committee may require evidence to be given on oath, and the
chairman of the committee shall have the power
to administer an
oath for the purpose and to issue summonses under his hand
requiring the attendance of any person before it, at
a time and
place to be specified in any such summons, to give evidence on oath
or to produce any document relevant to the subject
matter of the
proceedings.
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(6)
Any such summons shall be
served as if it had been issued by a magistrate, and the attendance
before the committee of any person so
summoned may be enforced by a
magistrate, upon application made to him by the chairman of the
committee, as if the proceedings before
the committee were
proceedings before the magistrate, under the provisions of the
Magistrates Act.
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Ch. 54. |
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(7)
The decisions of the committee
shall be by a majority of votes and, in addition to an original
vote, the chairman of the committee
shall have a second and casting
vote in any case in which the voting is equal.
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17.(1)
On the hearing of a complaint
the disciplinary committee shall make its recommendations to the
Board and the Board may either dismiss
the complaint or make such
order of a disciplinary nature as it thinks fit, and any such order
may in particular provide for any
of the following matters, that is
to say -
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Disciplinary powers of the Board. |
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(a)
removal of the name from the
Register;
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(b)
suspension of registration for a
period not exceeding one year;
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(c)
payment of a penalty (to be
forfeited to the Crown) not exceeding one thousand dollars;
and
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(d)
payment, by any party to the
proceedings, of costs or of such sum as the Board may consider to
be a reasonable contribution towards
the costs incurred in
connection with those proceedings.
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(2)
Subject to section 18 every
such order shall be filed with the Registrar and shall take effect
-
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(a)
where no appeal under section 28
is brought against the order within the time limit for the appeal,
on the expiration of that time;
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(b)
where such an appeal is brought
and is withdrawn or struck out for want of prosecution, on the
withdrawal or striking out of the appeal:
and
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(c)
where such an appeal is brought
and is not withdrawn or struck out as aforesaid, if and when the
appeal is dismissed and not otherwise.
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(3)
The Registrar shall cause a
note of the effect of every order filed with him pursuant to
subsection (2) to be entered in the Register
against the name of
the individual to whom the order relates and, except in the case of
an order making provision only for costs,
shall forthwith upon the
taking effect of the order cause a notice stating the effect of the
order to be published in the Gazette.
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18.(1)
On making an order for removal
or an order for suspension in respect of any individual the Board,
if satisfied that to do so is necessary
for the protection of
members of the public or would be in the best interests of that
individual, may order that his registration
in the Register shall
be suspended forthwith in accordance with this section.
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Power to order immediate suspension. |
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(2)
Where an order under
subsection (1) is made in respect of an individual, his
registration shall be suspended (that is to say, shall
not have
effect) from the time when the order is made until the time when
the relevant order takes effect in accordance with subsection
(2)
of section 17 or an appeal against it under section 31 is (in
whatever manner) determined.
|
||
(3)
The Supreme Court may
terminate any suspension of an individual's registration which has
effect by virtue of subsection (2), and the
decision of the court
on any application under this subsection shall be final.
|
||
(4)
In this section "order for
removal" means an order under subsection (1) of section 17 for the
removal of an individual's name from the Register, and "order for
suspension" means an order under that subsection for the
suspension
of an individual's registration in the Register.
|
||
19.(1)
The Registrar shall remove
from the Register the name of any individual -
|
Removal of name from Register. |
|
(a)
upon the application of the
individual; or
|
||
(b)
upon the taking effect of an
order of the Board under subsection (1) of section 18, in relation
to that individual:
|
||
Provided that where a complaint has been made against any individual under subsection (1) of section 15, his name shall not be removed under paragraph (b) of this subsection until the complaint, or any appeal in relation thereto, has been finally disposed of under this Act. |
||
(2)
Where the name of any
individual has been removed from the Register or his registration
has been suspended, any certificate of-registration,
certificate of
temporary registration or seal issued to him under section 11 shall
cease to have effect for as long as his name remains
off the
Register or, as the case may he. suspension continues in
force.
|
||
(3)
Where the name of any
individual has been removed from the Register, the Board shall, in
writing, require such individual to return
to the Registrar his
certificate of registration, certificate of temporary registration
and seal and such individual shall comply
with that
requirement.
|
||
(4)
Any individual who fails
without reasonable excuse to return his certificate of
registration, certificate of temporary registration
and seal as
required by subsection (3) is guilty of an offence and liable on
summary conviction to a fine of five hundred dollars
or to a
further fine of two hundred dollars for each day during which such
offence continues.
|
||
20.(1)
The Board may at any time,
upon application being made by any individual whose name has been
removed from the Register or whose registration
has been suspended,
determine if it thinks fit, that such individual's name shall be
restored to the Register or, as the case may
be, that his
suspension shall cease with effect from such date as the Board may
appoint, and shall forthwith give notice of any such
determination
to the Registrar.
|
Restoration to Register. |
|
(2)
On receipt of notice of a
determination made by the Board under subsection (1) in relation to
any individual, the Registrar shall
forthwith cause the name of
that individual to be restored to the Register or, as the case may
be, cause a note of the cessation
of the suspension to be entered
therein, and in either such case shall cause notice of the
determination of the Board to be published
in the Gazette.
|
||
21.(1)
The Board shall appoint an
Appeals Tribunal consisting of three registered engineers of no
less than ten years experience, not being
members of the Board,
which Tribunal shall hear all appeals against the refusal of the
Board to register an applicant as a registered
engineer.
|
Appeals Tribunal. |
|
(2)
The Appeals Tribunal shall
make recommendations to the Board.
|
||
(3)
A person who appeals under
this section is entitled to be represented at the hearing by his
legal advisor.
|
||
PART V |
||
Offences and Penalties |
||
22.(1)
No person shall undertake the
practice of professional engineering unless he has a valid
certificate of registration or a certificate
of temporary
registration.
|
Prohibition of unregistered persons performing engineering works. |
|
(2)
No person not being a
registered engineer shall -
|
||
(a)
use a title or description which
leads to the belief that he is a registered engineer;
|
||
(b)
advertise himself as a registered
engineer;
|
||
(c)
act in a manner so as to create
or induce the belief that he is a registered engineer;
|
||
(d)
sign or stamp any plans,
drawings, designs or specifications purporting to he acting in the
capacity of a registered engineer or
|
||
(e)
affix or use in connection with
any premises occupied by him, any name, title or description
(whether by initials or otherwise) reasonably
calculated to suggest
that he is a registered engineer.
|
||
(3)
The provisions of subsection
(1) shall not apply to the practice of professional engineering by
a person who so practices under the
supervision, direction and
control of an individual who holds a certificate of registration,
or certificate of temporary registration.
|
||
(4)
Any person who contravenes
subsection (1) or (2) of this section is guilty of an offence and
liable on summary conviction to a fine
of one thousand dollars or
to imprisonment for a term of six months or to both such fine and
imprisonment.
|
||
23.
Any person who -
|
Penalty for wrongfully procuring registration. |
|
(a)
willfully makes or causes to be
made any entry in the Register which to his knowledge is false;
or
|
||
(b)
willfully procures or attempts to
procure the registration of himself or any other individual as a
professional engineer by means
of any representation or declaration
either oral or in writing, which to his knowledge is false,
|
||
is guilty of an offence and liable on summary conviction to a fine of one thousand dollars or to imprisonment for a term of six months or to both such fine and imprisonment. |
||
PART VI |
||
Financial Provisions |
||
24.
The funds of the Board shall
consist of such monies as may from time to time be placed at its
disposal for the purposes of this Act
by Parliament and such other
monies as may lawfully he paid to the Board.
|
Funds of the Board. |
|
25.
The Board shall keep proper
accounts of its receipts, payments, assets and liabilities, and
such accounts shall be audited annually
by an auditor appointed in
each year by the Board with the approval of the Minister.
|
Accounts and audit. |
|
26.(1)
The Board shall in each year
prepare and submit to the Minister on or before the 31st day of
March, a report of its proceedings during
the period of twelve
months ending on the 31st day of December in the preceding year,
including a statement of its accounts audited
in accordance with
section 25.
|
Annual reports and estimates. |
|
(2)
The Board shall, on the 1st
day of March in each year or such earlier date as may be required
by the Minister submit to the Minister
for approval, its estimates
of revenue and expenditure in respect of the twelve month period
commencing on the 1st day of January
next following.
|
||
27.
Any expenses incurred in
carrying this Act into effect shall be defrayed out of monies
provided by Parliament.
|
Expenses under this Act. |
|
PART VII |
||
Miscellaneous Provisions |
||
28.(1)
Any person aggrieved -
|
Appeal to the Supreme Court. |
|
(a)
by the determination of the Board
under section 11 refusing his application for registration as a
professional engineer: or
|
||
(b)
by an order made by the Board
under section 17 in relation to a complaint made by or against
him,
|
||
may appeal on that account to the Supreme Court in accordance with rules to be made by the Rules Committee under section 76 of the Supreme Court Act within fourteen days in a case falling within paragraph (a) of this subsection, after receipt by him of the notification provided for by this Act and in a case falling within paragraph (b) thereof, after publication in the Gazette of the notice required by subsection (3) of section 17. |
Ch. 53. |
|
(2)
The Supreme Court on the
hearing of any such appeal may confirm, reverse or vary the
determination of the Board and the Board shall
give effect to the
decision accordingly.
|
||
29.
A certificate under the hand
of the Registrar as to an entry in the Register or as to any act or
proceeding of the Board shall, until
the contrary is proved, be
sufficient evidence in any court of any matter so certified.
|
Certificate of Registrar to be evidence. |
|
30.
In addition to the powers and
duties assigned to the Minister elsewhere in this Act, the Minister
shall have the power to review the
activities of the Board .
|
Review of Board activities. |
|
31.
Nothing in this Act shall make
the Registrar or any member, employee, agent or appointee of the
Board, or any officer or member of
the Committee, liable to any
action or proceeding for any act done in good faith by any such
person in the performance of a function,
or intended exercise in
good faith of a function, under this Act.
|
Immunity of certain persons acting under this Act. |
|
32.
The Minister acting on the
advice of the Board may make regulations -
|
Regulations. |
|
(a)
prescribing the form of and the
method of keeping the Register;
|
||
(b)
prescribing the particulars which
the Register shall contain;
|
||
(c)
prescribing particulars under
which the name of a registered engineer may be restored to the
Register when such name has been removed
from the Register under
any of the relevant sections of this Act;
|
||
(d)
prescribing the form of any
application, certificate of registration, certificate of temporary
registration, seal or other document
required for the purposes of
this Act;
|
||
(e)
prescribing the subject matter of
the prescribed examination, the standards required for the
successful completion of the prescribed
examination and the
conditions governing the grant of exemptions from any of the
requirements of any regulations relating to the
prescribed
examination;
|
||
(f)
prescribing the fees payable in
respect of the examination and registration of individuals, the
issue, renewal and replacement of
certificates of registration,
certificates of temporary registration. and seals and any
alterations or additions to the Register;
|
||
(g)
regulating the proceedings of the
Board and any other matter necessary for the efficient discharge of
its functions under this Act;
|
||
(h)
prescribing penalties, not
exceeding a fine of one thousand dollars for the breach of any
regulation made under this Act; and
|
||
(i)
prescribing any other matter or
thing authorized or required by this Act to be prescribed.
|
||
33.
The Minister acting on the
advice of the Board may by Order amend the First and Second
Schedule.
|
Amendment of Schedules. |
|
34.
Notwithstanding any provision
of this Act, an individual who immediately before the relevant date
was practising as a professional
engineer in The Bahamas may
continue to do so, without being registered or without holding a
certificate of registration, or a certificate
of temporary
registration -
|
Transitional Provisions. |
|
(a)
for the period of twelve months
beginning with that date; and
|
||
(b)
if before the expiration of that
period he applies for registration under this Act, until he is
registered and a certificate of registration
or certificate of
temporary registration, as the case may he. is issued or until such
application is finally refused or is withdrawn.
|
||
35.
Save as otherwise provided in
this Act, nothing in this Act shall extend or be construed to
extend or prejudice or in any way affect
the practice by any person
of any profession or occupation under and in accordance with any
written law authorising such practice.
|
Savings. |
|
FIRST SCHEDULE |
||
Categories of Disciplines |
||
The categories of disciplines in respect of which professional engineers may be registered are- |
||
1.
Civil
|
||
2.
Structural
|
||
3.
Mechanical
|
||
4.
Electrical
|
||
5.
Chemical
|
||
6.
Agricultural
|
||
7.
Aeronautical
|
||
8.
Building Services
|
||
9.
Geotechnical
|
||
10.
Industrial
|
||
11.
Marine
|
||
12.
Environmental
|
||
SECOND SCHEDULE |
||
Code of Professional Conduct |
||
The Provisions of this Code apply to all forms of engineering employment and, for the purposes of this Code, the term "Employer" includes the term "Client". A registered engineer - |
||
(a)
for the purpose of discharging
his duties to the public, to his employers, to other members of the
engineering profession and to himself,
shall act at all times with
-
|
||
(i)
fidelity to public needs;
|
||
(ii)
fairness and loyalty to his
associates, employers, subordinates and employees; and
|
||
(iii)
devotion to high ideals of
personal honour and professional integrity;
|
||
(b)
shall express opinions on
engineering matters only on the basis of adequate knowledge and
honest conviction:
|
||
(c)
shall have proper regard for the
safety, health and welfare of the public in the performance of his
professional duties:
|
||
(d)
shall endeavour to increase
public understanding of engineering and the role of professional
engineers in society;
|
||
(e)
shall not he associated with
enterprises which are contrary to the public interest or sponsored
by persons of questionable integrity,
or which do not conform to
the basic principles of this Code;
|
||
(f)
shall sign or seal only those
plans, specifications and reports which have actually been prepared
by him or under his direct professional
supervision or which have
been checked by him;
|
||
(g)
shall act for his employer as a
faithful agent or trustee;
|
||
(h)
shall not disclose confidential
information pertaining to the interests of his employers without
their consent;
|
||
(i)
shall present clearly to his
employers the consequences to he expected if his professional
judgement is overruled by nontechnical
authority in matters
pertaining to work for which he is professionally
responsible;
|
||
(j)
shall not, without the full
knowledge of his employers, undertake any assignment which may
create a conflict of interest with his
employers;
|
||
(k)
shall not accept remuneration for
services rendered other than from his employers;
|
||
(l)
shall conduct himself towards
other professional engineers with courtesy, fairness and good
faith:
|
||
(m)
shall not compete unfairly with
another professional engineer by attempting to obtain employment,
advancement or professional engagements
by competitive bidding, by
taking advantage of a salaried position or by criticizing other
professional engineers;
|
||
(n)
shall undertake only such work as
he is competent to perform by virtue of his academic training or
professional experience;
|
||
(o)
shall not advertise his work or
merit in a self-laudatory manner;
|
||
(p)
shall avoid all conduct or
practice likely to discredit or unfavourably reflect upon the
dignity or honour of the profession;
|
||
(q)
shall advise the Board of any
practice of by another professional engineer which he believes to
be contrary to this Code;
|
||
(r)
shall not maliciously or
recklessly injure or attempt to injure, whether directly or
indirectly, the professional reputation, prospects
or business of
another professional engineer; and
|
||
(s)
shall not, where steps have been
taken by any person towards employing another professional
engineer, directly or indirectly attempt
to supplant that other
professional engineer or to intervene in or in connection with
engineering work which to his knowledge has
already been entrusted
to that other professional engineer.
|
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URL: http://www.commonlii.org/bs/legis/num_act/pea2004245