Requested version was 10 Dec 2005; Closest available version is 01 Dec 2005; Generated on 10 Dec 2005 18:19:48(GMT+8).
PROFESSIONAL ENGINEERS ACT
(CHAPTER 253)
| History |
23 of 1991
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1992REVISED EDITION
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An Act to establish the Professional
Engineers Board, to provide for the registration of professional
engineers, to regulate the qualifications and conduct of professional
engineers and to regulate corporations, partnerships
and limited liability partnerships which supply professional
engineering services in Singapore.[30th August 1991]
PART I
PRELIMINARY
1 Short title
2 Interpretation
3 Act not to apply to Government, etc.
PART II
PROFESSIONAL
ENGINEERS BOARD
4 Establishment of Professional Engineers
Board
4A Compulsory voting
4B President of Board
4C Disqualifications for
membership of Board
4D Filling of vacancies
4E Meetings and quorum
of Board
5 Common seal of Board
6 Functions of Board.
7 Committees.
8 Registers.
9 Appointment and duties of Registrar.
PART III
PRIVILEGES
OF PROFESSIONAL ENGINEERS
10 Illegal practice.
11 Employment of unregistered professional
engineer prohibited.
12 Remuneration for professional engineering
services.
13 Minor building works.
14 Relationship with architects, etc.
PART IV
REGISTRATION
OF PROFESSIONAL ENGINEERS
15 Qualifications for registration as
professional engineers.
15A Registration of specialist professional engineers
16 Application for registration.
17 Certificates of registration.
17A Amendment of register of professional engineers
17B Removal of name and particulars from register of professional engineers
17C Reinstatement of registration
PART V
PRACTISING
CERTIFICATES
18 Practising certificates.
19 Cancellation of practising certificates.
PART VI
MULTI-DISCIPLINE
AND CORPORATE PRACTICE
20 Licence for multi-discipline and corporate
practice.
21 Conditions of licence to practise.
21 Conditions of licence to practise
22 Change in composition of board of directors,
members, etc.
23 Application of Companies Act.
24 Liability insurance
25 Relationship between client and licensed corporation
or limited liability partnership
26 Professional responsibility of supervising
engineers.
26A Revocation of licence
26B Appeal against order of Board
PART VII
DISCIPLINARY PROCEEDINGS
27 Appointment of Investigation Panel
28 Complaints against registered professional
engineers
29 Review of complaints
30 Appointment of Investigation Committee
31 Powers and procedure of Investigation
Committee
31A Findings of Investigation Committee
31B Decision of Board
31C Appointment of Disciplinary Committee
31D Observer
31E Professional engineer to be notified
of inquiry
31F Powers and procedure of Disciplinary
Committee
31G Findings of Disciplinary Committee
31H Appeal against order by Disciplinary
Committee
31I Conviction final and conclusive
31J Service of documents
PART VIII
GENERAL
32 Application of fees, etc., received
by Board.
33
34 Penalty for wilful falsification of
register and for wrongfully procuring registration, etc.
35
36
37 Exemption.
38 No action in absence of bad faith or
malice.
PART IX
THE
SCHEDULE
EXEMPT CLASSES OF PERSONS.
PROFESSIONAL ENGINEERS ACT
(CHAPTER 253)
An Act to establish the Professional
Engineers Board, to provide for the registration of professional
engineers, to regulate the qualifications and conduct of professional
engineers and to regulate corporations, partnerships
and limited liability partnerships which supply professional
engineering services in Singapore.[30th August 1991]
PART I
PRELIMINARY
Short title
1.
This
Act may be cited as the Professional Engineers Act.
Interpretation
2.
In
this Act, unless the context otherwise requires —"allied
professional"
means —
(a)
an architect who is registered under
the Architects Act; or
(b)
a land surveyor who is registered under
the Land Surveyors Act;
"Board"
means the Professional Engineers
Board established under section 4;
"builder"
, “building” and “building
works” have the same meanings as in the Building Control
Act (Cap. 29);
"building
authority"
means any person
empowered under the provisions of the Building Control Act to approve
plans of building works;
"certificate
of registration"
means the certificate
of registration issued under section 17;
"Disciplinary
Committee"
means a Disciplinary Committee appointed under section
31C;
"Investigation
Committee"
means an Investigation Committee appointed
under section 30;
"Investigation
Panel"
means the Investigation Panel appointed under section
27;
"licence"
means a licence to supply professional
engineering services granted under section 20;
"licensed"
, in relation to a corporation, partnership or limited
liability partnership, means a corporation or partnership which
has in force a licence;
"limited
liability partnership"
has the same meaning given to it
by section 4 (1) of the Limited Liability Partnerships Act 2005
(Act 5 of 2005);
"manager"
—
(a)
in relation to a corporation or partnership,
means the principal executive officer of the corporation or partnership
for the time being by whatever name called and whether or not he
is a director or partner thereof; and
(b)
in relation to a limited liability partnership,
has the same meaning as in section 2 (1) of the Limited Liability
Partnerships Act 2005;
"nominee"
, in relation to any person, means
a person who is accustomed or under an obligation (whether formal
or informal) to act in accordance with directions, instructions
or wishes of the first mentioned person, except that a person shall
not be regarded as a nominee of another person by reason only that
he acts on the advice given by that other person in a professional
capacity;
"practising
certificate"
—
(a)
in relation to a registered professional engineer,
means an annual certificate issued under section 18 authorising
him to engage in professional engineering work in Singapore;
(b)
in relation to an allied professional who is
an architect registered under the Architects Act (Cap. 12),
means a practising certificate issued under section 18 of that Act;
and
(c)
in relation to an allied professional who is
a land surveyor registered under the Land Surveyors Act (Cap. 156),
means a practising certificate issued under section 15 of that Act;
"President"
means the President of the Board;
"professional
engineering services"
means consultancy or advisory services
that require a person to engage in professional engineering work;
"professional
engineering work"
includes any
professional service, consultation, investigation, evaluation, planning,
design, or responsible supervision of construction or operation
in connection with any public or privately owned public utilities,
buildings, machines, equipment, processes, works or projects wherein
the public interest and welfare, or the safeguarding of life, public health
or property is concerned or involved, and that requires the application of
engineering principles and data;
"register of licensees"
means the register of licensed corporations, partnerships and limited liability
partnerships kept by the Board under section 8 (1) (c);
"register
of practitioners"
means the
annual register of practitioners kept by the Board under section
8 (1) (b);
"register
of professional engineers"
means
the register of professional engineers kept by the Board under section
8 (1) (a);
"registered"
means registered under section 15
and cognate expressions shall be construed accordingly;
"Registrar"
means the Registrar of the Board
appointed under section 9;
"rules"
means rules made by the Board under
section 36;
"unlimited
corporation"
means a corporation
formed on the principle of having no limit placed on the liability
of its members.
Act not to apply to Government, etc.
3.
—(1)
Nothing
in this Act shall apply to anything done or omitted to be done by the
Government or by a public officer under the authority of the Government.
(2)
This Act shall not be construed as
requiring any public authority which supplies professional engineering
services in Singapore under the provisions of any written law to
obtain a licence; and in this subsection, “public authority” means
any body established by or under any written law and exercising
powers vested therein by written law for a public purpose.
PART II
PROFESSIONAL
ENGINEERS BOARD
Establishment of Professional Engineers
Board
4.
—(1)
There
shall be established in Singapore a body to be called the Professional Engineers
Board which shall be a body corporate with perpetual succession
and a common seal, with power, subject to the provisions of this
Act, to sue and be sued in its corporate name, to acquire and dispose
of property, both movable and immovable, and to do and perform such
other acts as bodies corporate may by law perform.
(2)
The
Board shall consist of the following members:(a)
the Commissioner of Building Control;
(b)
the President of the Institution
of Engineers, Singapore, or a registered professional engineer of
at least 10 years’ standing to be nominated by him;
(c)
not more than 6 registered professional
engineers who are resident in Singapore and have in force a practising
certificate —(i)
to be elected by registered professional
engineers who have in force a practising certificate; or
(ii)
failing such election, to be appointed
by the Minister under subsection (4);
(d)
not more than 6 registered professional
engineers to be appointed by the Minister; and
(e)
a registered architect from the Board
of Architects to be appointed by the Minister.
(3)
Not
less than 5 members of the Board shall be in private practice.
(4)
If
elections held for the purposes of subsection (2) (c)
result in less than 6 persons being elected as members of the Board
thereunder, the Minister may appoint such number, as he thinks fit,
of registered professional engineers who have in force a practising
certificate to be members of the Board, except that the number of
members so appointed and the number of members elected under subsection
(2) (c) shall not exceed 6 in the aggregate.
(5)
Of
the members elected under subsection (2) (c)
or appointed under subsection (4), there shall be at least —(a)
one registered professional engineer
in the branch of civil engineering;
(b)
one registered professional engineer
in the branch of electrical engineering; and
(c)
one registered professional engineer
in the branch of mechanical engineering.
(6)
Only
registered professional engineers of at least 10 years’ standing
may be elected under subsection (2) (c) or appointed
under subsection (4) as members of the Board.
(7)
The
members elected under subsection (2) (c) shall
hold office for a term not exceeding 3 years and shall be eligible
for re-election for not more than 2 consecutive terms.
(8)
The
members appointed under subsection (2) (d) or
(e) or (4) shall hold office for a term not
exceeding 3 years and shall be eligible for re-appointment.
(9)
The
Minister may, at any time, revoke the appointment of any member
appointed under subsection (2) (d) or (4) without
assigning any reason.
(10)
Deleted by Act 27/2005, wef 01/10/2005.(11)
Deleted by Act 27/2005, wef 01/10/2005.(12)
Deleted by Act 27/2005, wef 01/10/2005.(13)
Deleted by Act 27/2005, wef 01/10/2005.
Compulsory voting
4A.
—(1)
Every
registered professional engineer who has in force a practising certificate
on the day of election of candidates as members of the Board under
section 4 (2) (c) shall vote for the election
of such members at such time and in such manner as may be prescribed.
(2)
Every registered
professional engineer who is required to vote for the election of
the members of the Board in accordance with subsection (1) and who
fails to do so shall not be entitled to apply for a practising certificate
unless he —(a)
satisfies the Registrar that he had
a good and sufficient reason for not voting at the election; or
(b)
pays to the Board a penalty prescribed
by the Board.
President of Board
4B.
—(1)
The
Board shall have a President who shall be elected by the members of
the Board from among its members —(a)
who have been elected under section
4 (2) (c) or appointed under section 4 (4);
or
(b)
who have been appointed under section
4 (2) (d).
(2)
The President
elected under subsection (1) shall serve for a term not extending beyond
the expiration of the term for which he has been appointed or elected
to be a member of the Board and shall be eligible for re-election
for not more than 2 consecutive terms.
Disqualifications for
membership of Board
4C.
A
person shall not be qualified to be a member of the Board if —(a)
he is neither a citizen nor a permanent
resident of Singapore;
(b)
he is an undischarged bankrupt or
has made any arrangement or composition with his creditors;
(c)
he has been convicted of any offence
involving fraud, dishonesty or moral turpitude, or of any other
offence implying a defect in character which makes him unfit for
the engineering profession;
(d)
he is of unsound mind or is incapacitated
by physical illness; or
(e)
he has at any time after due inquiry
been found guilty by a Disciplinary Committee of improper conduct.
Filling of vacancies
4D.
—(1)
The
office of a member of the Board shall become vacant if the member —(a)
dies;
(b)
resigns or is removed from office;
or
(c)
becomes in any manner disqualified
for office within the meaning of section 4C.
(2)
The Board may,
with the approval of the Minister, remove from office any member
of the Board who is absent without leave of the Board from 3 consecutive ordinary
meetings of —(a)
the Board; or
(b)
a Disciplinary Committee of which
he is a member.
(3)
Any question as
to whether a person has ceased to be a member of the Board shall
be determined by the Minister whose decision shall be final.
(4)
If any vacancy
arises among the elected or appointed members, the Minister shall,
as soon as practicable, appoint any registered professional engineer
to fill that vacancy.
(5)
Any person appointed
to fill the vacancy shall hold office for the residue of the term
for which his predecessor was elected or appointed.
(6)
The powers of
the Board shall not be affected by any vacancy in its membership.
(7)
No act done by
or under the authority of the Board shall be invalid in consequence
of any defect that is afterwards discovered in the appointment,
election or qualification of the members or any of them.
Meetings and quorum
of Board
4E.
—(1)
At
any meeting of the Board, 8 members shall form a quorum and no business
shall be transacted at any meeting unless a quorum is present.
(2)
At any meeting
of the Board, the President shall preside and in his absence the members
present shall elect from among themselves one member to preside
over the meeting.
(3)
If on any question
to be determined by the Board there is an equality of votes, the
President or the member presiding over that meeting shall have a
casting vote.
(4)
Subject to the
provisions of this Act, the Board may determine its own procedure.
(5)
The Board shall
cause proper records of its proceedings to be kept.
Common seal of Board
5.
—(1)
The
common seal of the Board shall bear such device as the Board may approve
and the seal may from time to time be broken, changed, altered or
made anew by the Board as it may think fit.
(2)
The common seal shall be kept in the
custody of the President and shall be authenticated by the President
or other member acting in the absence of the President and any document
purporting to be sealed and authenticated as aforesaid shall, until the
contrary is proved, be deemed to be validly executed.
Functions of Board.
6.
The
functions of the Board shall be —(a)
to keep and maintain a register of
professional engineers, a register of practitioners and a register
of licensees;
(b)
to hold or arrange for the holding
of such examinations as the Board considers necessary for the purpose
of enabling persons to qualify for registration under this Act;
(c)
to approve or reject applications for
registration under this Act or to approve any such applications
subject to such restrictions as it may think fit to impose;
(d)
to establish and maintain standards
of professional conduct and ethics of the engineering profession;
(e)
to promote learning and education in
connection with engineering, either alone or in conjunction with
any other professional body;
(f)
to hear and determine disputes relating
to professional conduct or ethics of professional engineers or to
appoint a committee or arbitrator to hear and determine those disputes;
(g)
to
license corporations, partnerships and limited liability
partnerships which supply professional engineering services in
Singapore; and
(h)
generally to do all such acts, matters
and things as are necessary to be carried out under the provisions
of this Act.
Committees.
7.
—(1)
The
Board may appoint such committees from among its members, registered
professional engineers or allied professionals as it thinks fit
to assist or advise the Board on such matters arising out of its
functions under this Act as are referred to them by the Board.
(2)
Deleted by
Act 27/2005. wef 01/12/2005.
(3)
Deleted by
Act 27/2005. wef 01/12/2005.
(4)
Deleted by
Act 27/2005. wef 01/12/2005.
(5)
Deleted by
Act 27/2005. wef 01/12/2005.
Registers.
8.
—(1)
The
Board shall keep and maintain —(a)
a register of professional engineers
in which shall be entered the names of all persons registered under
this Act, the qualifications by virtue of which they are so registered
and such other particulars in relation thereto as may from time
to time be determined by the Board;
(b)
a register of specialist professional engineers in which shall
be entered the names of persons who are registered under section
15A as specialist professional engineers;
(c)
an
annual register of practitioners in which shall be entered the particulars as
contained in the declaration delivered under section 18 (3) (a); and
(d)
a
register of licensees in which shall be entered the names of all
licensed corporations, partnerships and limited liability partnerships and
such other particulars in relation thereto as may from time to time
be determined by the Board.
(2)
There
shall be indicated against each person’s name in the register
of professional engineers, the register of specialist
professional engineers and the register of practitioners such
branch or branches of engineering as in the opinion of the Board the
registered professional engineer is qualified to practise.
Appointment and duties of Registrar.
9.
—(1)
The
Minister may appoint a Registrar of the Board.
(2)
The Registrar shall be under the general
direction of the Board and shall sign all certificates of registration,
practising certificates and licences, and shall record all entries
of registration, cancellation and reinstatement in the register
of professional engineers, register of practitioners or register
of licensees, as the case may be.
(3)
The Registrar shall attend all meetings
of the Board and record the proceedings thereof, and shall conduct
the correspondence and deal with such matters as may be assigned
to him from time to time by the President or the Board.
(4)
The Registrar shall —(a)
as soon as may be convenient after
1st January each year, prepare and publish in the Gazette a
list containing the names, qualifications (including the branch
or branches of engineering to which the qualifications relate) and addresses
of all registered professional engineers who have in force a practising
certificate; and
(b)
from time to time publish in the Gazette the names, qualifications and addresses
of professional engineers added to or removed from the register
of practitioners.
(5)
In any proceedings, a list published
under subsection (4) shall be prima facie evidence that the persons
whose names appear therein are registered professional engineers
who have in force practising certificates.
PART III
PRIVILEGES
OF PROFESSIONAL ENGINEERS
Illegal practice.
10.
—(1)
Subject to the provisions of this Act, no
person shall engage in any of the prescribed branches of professional
engineering work in Singapore or draw or prepare any plan, sketch,
drawing, design, specification or other document relating to any
of the prescribed branches of professional engineering work in Singapore
unless the person —(a)
is a registered professional engineer who has
in force a practising certificate authorising him to engage in that
branch of professional engineering work;
(b)
is under the direction or supervision of a registered
professional engineer who has in force a practising certificate
authorising the professional engineer to engage in that branch of
professional engineering work; or
(c)
is authorised by the Board to work in collaboration
(but without a right to any independent practice) with a registered
professional engineer who has in force a practising certificate
authorising the registered professional engineer to engage in that
branch of professional engineering work.
(1A)
The Board may grant its authorisation to
any person under subsection (1) (c) subject
to such conditions as the Board thinks fit to impose.
(2)
Subject
to the provisions of this Act, no person shall sign and submit to
a building authority or to a public authority
(as defined in section 3 (2)) —(a)
any plan, sketch, drawing, design,
specification or other document relating to any professional engineering
work in Singapore; or
(b)
any report on or a certificate or other
document relating to any professional engineering work in Singapore
which is required by any written law to be signed by a professional
engineer,
unless the person is a registered professional
engineer who has in force a practising certificate authorising him
to engage in such profession engineering work; and any document
that is signed in contravention of this subsection shall be invalid.
Act 4/95 wef 01/04/1995.
(3)
Subject to the provisions of this Act,
no person shall use verbally or otherwise —(a)
the words “professional engineer” or
any additions to or abbreviation or derivative of those words in
connection with his designation;
(b)
the word “engineer” or
the abbreviation “Er.” or “Engr.” as
a title before his name; or
(c)
any word, name or designation that
will lead to the belief that the person is a registered professional
engineer,
unless the person is a registered professional
engineer.
Act 4/95 wef 01/04/1995.
(3A)
Where the Board has authorised any person
under subsection (1) (c) to work in collaboration
with a registered professional engineer, the Board may allow that person
to use such addition to or derivative of the words “professional
engineer” as may be approved by the Board.
(4)
Subject
to the provisions of this Act, no person shall advertise or hold
himself out or conduct himself in any way or by any means as a person
who is authorised to supply professional engineering services in
Singapore, unless the person is a registered professional engineer
who has in force a practising certificate, a licensed corporation,
a licensed partnership, a licensed limited liability
partnership or a partnership consisting wholly of registered
professional engineers:
Act 4/95 wef 01/04/1995.
Provided
that nothing in this subsection shall apply to prevent a corporation
or limited liability partnership that ceases
to have in force a licence from carrying on any activity necessary
to the winding up of the corporation or limited
liability partnership.
(5)
Subject to the provisions of this Act,
no person shall supply or offer to supply professional engineering
services in Singapore unless the person is —
(a)
a
registered professional engineer who has in force a practising certificate authorising
him to engage in professional engineering work to which those services
relate and is doing so on his own account or as a partner in a licensed
partnership, licensed limited liability partnership or
partnership consisting wholly of registered professional engineers;
(b)
an
allied professional and is doing so only by reason of being a partner
in a licensed partnership or limited liability
partnership; or
(c)
a
licensed corporation or limited liability partnership.
(5A)
Notwithstanding
subsection (5), a builder may supply or offer to supply professional
engineering services in Singapore in connection with any building
works which he undertakes to carry out if the professional engineering
services are provided by a person referred to in subsection (5)
(a), (b) or (c).
(6)
Any person who contravenes subsection
(1), (2), (3), (4) or (5) shall be guilty of an offence and shall
be liable on conviction to a fine not exceeding $5,000
and, in the case of a second or subsequent offence, to a fine not
exceeding $10,000 or to imprisonment for a term not exceeding
6 months or to both.
(7)
Nothing
in this section shall be construed to permit or authorise any licensed
corporation,
partnership or limited liability partnership to supply any professional
engineering services which it is not licensed to supply.
(8)
In this section, “prescribed branches
of professional engineering work” means —(a)
civil engineering;
(b)
electrical engineering;
(c)
mechanical engineering; and
(d)
such other branches of engineering as may be
prescribed.
Employment of unregistered professional
engineer prohibited.
11.
—(1)
Subject
to the provisions of this Act, no person shall employ as a professional
engineer any person who is not a registered professional engineer.
(2)
Any person who contravenes subsection
(1) shall be guilty of an offence and shall be liable on conviction
to a fine not exceeding $2,000 and, in the case of a second
or subsequent offence, to a fine not exceeding $5,000.
Remuneration for professional engineering
services.
12.
Subject
to the provisions of this Act, no person shall be entitled to recover
in any court any charge, fee or remuneration for any professional
engineering services rendered in Singapore unless the person rendering
such services is authorised by this Act to supply those services.
Minor building works.
13.
Nothing
in this Act shall be construed to prohibit or prevent any person
not registered under this Act from carrying out work in respect
of the construction of or repairs to any building or part thereof
in any case in which plans are not required by any written law to
be submitted to a building authority or to a public authority
(as defined in section 3(2)).
Relationship with architects, etc.
14.
—(1)
Nothing
in this Part shall apply to prevent —
(a)
an architect who has in force a practising
certificate issued under the Architects Act or any person under
the direction or supervision of such an architect; or
(b)
a corporation,
partnership or limited liability partnership which is licensed
under that Act to supply architectural services in Singapore,
from carrying on any activity within
the practice of architecture which he or it is authorised to carry
out under that Act where to do so does not constitute a substantial part
of services within the practice of professional engineering.
(2)
Nothing in this Act shall be construed
to prohibit or prevent any person not registered under this Act
and who is a member of any class of persons specified in the Schedule
from carrying on any activity which he is authorised to carry out
under any written law.
(3)
The Minister may, by notification in
the Gazette, amend the Schedule; and every such
notification shall be presented to Parliament as soon as possible
after publication in the Gazette.
PART IV
REGISTRATION
OF PROFESSIONAL ENGINEERS
Qualifications for registration as
professional engineers.
15.
—(1)
Subject to this section, the following persons
shall, on payment of the prescribed fee, be entitled to registration
under this Act as professional engineers:(a)
any person who holds any degree or qualification
or who satisfies such other requirements which the Minister may,
after consultation with the Board and by notification in the Gazette, approve for the purpose of the registration
of persons as professional engineers under this Act; and
(b)
any person who satisfies the Board that he is
otherwise qualified by having proper and recognised academic qualifications
in engineering and who satisfies such conditions as the Board may
determine.
(2)
No person shall be entitled to registration
under subsection (1) (a) or (b)
unless he satisfies the Board that he has, after obtaining his qualifications —(a)
acquired not less than 4 years’ practical
experience in such professional engineering work and at such level
of responsibility as to be sufficiently competent for registration
as a professional engineer under this Act; and
(b)
sat and passed such examination as may be prescribed
by the Board.
(3)
The Minister may, after consultation
with the Board, by order published in the Gazette,
exempt, subject to such conditions as he thinks fit, any person
from the requirements of subsection (2).
(4)
The Board may refuse to register any
applicant who in the opinion of the Board —(a)
is not of good character and reputation;
or
(b)
is unable to carry out the duties of
a professional engineer effectively.
(5)
Any person whose application for registration
has been refused by the Board may, within 30 days after being notified
of such refusal, appeal to the High Court whose decision shall be
final.
Registration of specialist professional engineers
15A.
—(1)
A registered professional
engineer who —(a)
has sat and passed such examination as may be
prescribed by the Board, or holds such postgraduate degrees or qualifications
or has gained such special knowledge in a specialised branch of
engineering as may be approved by the Board;
(b)
has such experience in that specialised branch
of engineering as may be required by the Board; and
(c)
has fulfilled such further conditions as may
be specified by the Board,
may apply to the Board to be registered as a specialist professional
engineer.
(2)
The Board may, with the approval
of the Minister, make regulations for all or any of the following
purposes:(a)
providing for the registration of specialists
in any specialised branch of engineering;
(b)
regulating the recording in, removal from, and
restoration to the register of specialist professional engineers
of the names, particulars and qualifications of persons so registered;
(c)
providing for appeals by registered professional
engineers against any refusal of the Board to register them in the
register of specialist professional engineers or to restore their
names to that register or against any decision of the Board to remove
their names from that register;
(d)
prescribing the fees payable in respect of —(i)
any application for registration as a specialist
professional engineer;
(ii)
any such registration as a specialist professional
engineer;
(iii)
any restoration of names to the register of
specialist professional engineers; and
(iv)
any appeal.
(3)
The Registrar shall, from
time to time, prepare and publish in the Gazette a
list of the names, addresses and qualifications of all specialist
professional engineers.
Application for registration.
16.
Every
application for registration under this Act shall be made to the
Board in such form and manner as may be prescribed.
Certificates of registration.
17.
Every
person registered as a professional engineer under this Act shall,
on payment of the prescribed fee, be entitled to receive a certificate
of registration under the hand of the Registrar.
Amendment of register of professional engineers
17A.
The Registrar shall —(a)
amend the register of professional engineers
when there is any alteration which may come to his knowledge in
the name, address or other relevant particulars of any registered
professional engineer;
(b)
correct any error in any entry in the register
of professional engineers; and
(c)
remove from the register of professional engineers
the name of any person —(i)
whose name has been ordered to be removed under
any provision of this Act; or
(ii)
who is deceased.
Removal of name and particulars from register of professional engineers
17B.
—(1)
The Board may
order the name and other particulars of a registered professional
engineer to be removed from the register of professional engineers
if he —(a)
has no address in Singapore at which he can be
contacted or sent any document using his particulars in the register;
or
(b)
has not renewed his practising certificate for
a continuous period of not less than 10 years.
(2)
Notwithstanding the provisions
of Part VII, the Board may order the name and other particulars
of a registered professional engineer to be removed from the register
of professional engineers if it comes to the knowledge of the Board
that —(a)
he has obtained his registration by fraud or
misrepresentation;
(b)
his qualification for registration under section
15 has been withdrawn or cancelled by the authority through which
it was acquired or by which it was awarded; or
(c)
he refuses or has failed to comply with any order
made by a Disciplinary Committee under section 31G (2) (c)
or (e).
(3)
The Board shall, before exercising
its powers under subsection (2), notify the registered professional
engineer concerned of its intention to take such action and shall
give the registered professional engineer an opportunity to submit
reasons, within such period as the Board may determine, as to why
his name should not be removed from the register.
(4)
Any person aggrieved by an
order made by the Board under subsection (2) may, within 30 days
of being notified of the order, appeal to the Minister whose decision
shall be final.
(5)
Any registered professional
engineer may apply to the Board to have his name and particulars
removed from the register of professional engineers.
(6)
Every application under subsection
(5) shall be made in such form as the Board may require and the
Board may, if it thinks fit, require either or both of the following:(a)
that the application should be supported by a
statutory declaration;
(b)
that the applicant should advertise his intention
to make the application in such manner as the Board shall direct.
(7)
Subject to subsection (8),
the Board may, upon receiving an application made under subsection
(5), direct the Registrar to remove the name and particulars of
the applicant from the register of professional engineers.
(8)
No order shall be made on
an application under subsection (5) if the Board is satisfied that —(a)
disciplinary action is pending against the applicant;
or
(b)
the conduct of the applicant is the subject of
an inquiry by an Investigation Committee.
Reinstatement of registration
17C.
—(1)
Any person whose
name and particulars have been removed from the register of professional
engineers under section 31G (2) (a) shall, if
his appeal to the High Court under section 31H is allowed, be immediately
reinstated without payment of any fee.
(2)
The Board may, in its discretion,
after the expiration of not less than 3 years from the removal from
the register of professional engineers of the name and particulars
of any person, consider any fresh application for registration by
that person in accordance with the provisions of Part IV.
PART V
PRACTISING
CERTIFICATES
Practising certificates.
18.
—(1)
Where
a registered professional engineer desires to engage in professional
engineering work in Singapore after 31st December of any year, he
shall, not later than 1st December of that year, apply in the prescribed
form and manner for a practising certificate authorising him in
the ensuing year to engage in professional engineering work within
the branch of engineering indicated in the register of professional
engineers as the branch of engineering in which he is qualified
to practise.
(2)
Notwithstanding subsection (1), where
a registered professional engineer applies for a practising certificate
for the first time after registration under section 15, the application
shall be in the prescribed form and may be made at any time during the
year and the registered professional engineer may be issued a practising
certificate for the remainder of the year in which the application
is made.
(3)
Any application by a registered professional
engineer under this section shall be addressed to the Board and
be accompanied by —(a)
a declaration in writing stating —(i)
his full name;
(ii)
the
name under which he practises if different from his own name, or
the name of the person employing him; and
(iii)
the principal and any other address
or addresses at which he practises in Singapore;
(b)
such evidence as the Board may require
that the applicant has complied with or is exempt from the rules
relating to insurance against professional liability; and
(c)
the prescribed fee,
and the Board shall, subject to subsection
(4), thereupon issue to the registered professional engineer a practising
certificate authorising him to engage in such professional engineering
work in Singapore during the year for which the certificate is issued,
being professional engineering work within the branch of engineering
in which he is qualified to practise.
(4)
The Board may refuse to issue a practising
certificate if —(a)
the applicant is an undischarged bankrupt;
(b)
the applicant has entered into a composition
with his creditors or a deed of arrangement for the benefit of his
creditors;
(c)
the applicant does not intend to practise
either on his own account or in partnership, or is not or not about
to be employed by any person lawfully supplying professional engineering
services in Singapore;
(d)
the
declaration under subsection (3) contains a statement that to its
knowledge is false in a material particular;
(e)
the
conduct of the applicant affords reasonable grounds for believing
that he will not engage in professional engineering work in Singapore
in accordance with any written law and with honesty and integrity; or
(f)
the
Board is not satisfied that the applicant has complied with the
prescribed requirements relating to continuing professional education.
(5)
Any registered professional engineer
(not being a registered professional engineer who is applying for
a practising certificate for the first time) who fails to apply for
a practising certificate in the manner and within the period laid
down in subsection (1) may, on the making of an application in such
form and on payment of such additional fee as may be prescribed,
be issued a practising certificate for —(a)
the ensuing year if the application
is made during the month of December of any year; or
(b)
the remainder of the year if the application
is made on or after 1st January of any year.
(6)
Subject to subsection (8), a practising
certificate shall, unless earlier cancelled, be in force from the
date of its issue until 31st December of the year in respect of which
it is issued.
(7)
A practising certificate shall specify
the address of the principal place of practice and all other places
of practice of the registered professional engineer to whom the
practising certificate was issued, and any change in such address
shall be notified by the registered professional engineer concerned
to the Registrar within two weeks of such change and an endorsement
of such change on the practising certificate shall be obtained from
the Registrar.
(8)
Where
the registration of a professional engineer is cancelled under section
17B (2) or 31G (2) (a), the practising certificate,
if any, of that professional engineer for the time being in force
shall expire forthwith and the Registrar shall enter the date of
such expiration on the register of practitioners and remove from
that register the name of that professional engineer.
(9)
Any person whose application for a
practising certificate has been refused by the Board may, within
30 days after being notified of such refusal, appeal to the High Court
whose decision shall be final.
Cancellation of practising certificates.
19.
—(1)
The
Board may cancel the practising certificate of any registered professional
engineer on any ground specified in section 18 (4) which applies
to the registered professional engineer, whether or not such ground
existed at the time the practising certificate was issued.
(2)
The Board shall not cancel any practising
certificate under subsection (1) unless an opportunity of being
heard either personally or by counsel has been given to the person
concerned.
(3)
Any person whose practising certificate
has been cancelled by the Board under this section may, within 30
days after being notified of such cancellation, appeal to the High
Court whose decision shall be final.
PART VI
MULTI-DISCIPLINE
AND CORPORATE PRACTICE
Licence for multi-discipline and corporate
practice.
20.
—(1)
Subject
to the provisions of this Act, the Board may grant a licence to
any limited corporation to supply any professional
engineering services in Singapore if —(a)
the memorandum of association of the
corporation provides that a primary object of the corporation is
to supply such professional engineering services;
(b)
the authorised capital of the corporation that is paid up is
not less than the amount prescribed by the Minister by notification
in the Gazette;
(c)
the articles of association of the corporation provide that
at least a prescribed number or proportion of its directors shall
be registered professional engineers or allied professionals who
each has in force a practising certificate;
(d)
Deleted by Act 4/95,
wef 01/04/1995.
(e)
the business of the corporation, so
far as it relates to such professional engineering work in Singapore,
will be under the control and management of a director of the corporation
who —(i)
is
a registered professional engineer who has in force a practising
certificate; and
(ii)
is
authorised under a resolution of the board of directors of the corporation
to make all final engineering decisions on behalf of the corporation
with respect to the requirements of this Act, the rules or any other
law relating to the supply of professional engineering services by
the corporation; and.
(iii)
Deleted by Act 4/95,
wef 01/04/1995.
(f)
the corporation is insured against
professional liability in accordance with section 24 and the rules.
(2)
Subject to the provisions of this Act,
the Board may grant a licence to any unlimited corporation to supply
any professional engineering services in Singapore if —
Subst. by Act 4/95 wef 1.4.95
(a)
the memorandum of association of the
corporation provides that a primary object of the corporation is
to supply such professional engineering services;
(b)
the articles of association of the corporation provide that —(i)
at least a prescribed number or proportion of
its directors shall be registered professional engineers or allied
professionals who each has in force a practising certificate; and
(ii)
no person shall be registered as a member of
that corporation unless he is a director, a manager or an employee
of the corporation; and
(c)
the business of the corporation, so
far as it relates to professional engineering work, will be under
the control and management of a director of the corporation who —(i)
is
a registered professional engineer who has in force a practising
certificate;
(ii)
is
a member, or a registered owner of at least one share, of the corporation;
and
(iii)
is
authorised under a resolution of the board of directors of the corporation
to make all final engineering decisions on behalf of the corporation
with respect to the requirements of this Act, the rules or any other
law relating to the supply of professional engineering services by
the corporation..
(3)
Subject to the provisions of this Act,
the Board may grant to any partnership not consisting wholly of
registered professional engineers a licence to supply any professional
engineering services in Singapore if —(a)
the partnership is one in which only —(i)
registered professional engineers who each has
in force a practising certificate authorising him to engage in professional
engineering work to which those services relate; and
(ii)
allied professionals who each has in force a
practicing certificate,
have a beneficial interest in the capital assets and profits
of the partnership; and
(b)
the business of the partnership, so
far as it relates to professional engineering work in Singapore,
will be under the control and management of a partner who —(i)
is
a registered professional engineer; and
(ii)
has in force a practising certificate
authorising the partner to engage in such professional engineering
work.
(4)
Subject to the provisions of this Act, the
Board may grant a licence to any limited liability partnership to
supply professional engineering services in Singapore if —(a)
the statement lodged by the partners of the limited
liability partnership with the Registrar of Limited Liability Partnerships
under section 15 (1) of the Limited Liability Partnerships Act 2005
(Act 5 of 2005) provides that a primary nature of the business of
the limited liability partnership is to supply professional engineering
services;
(b)
the partners in the limited liability partnership
consist only of persons who satisfy such requirements as the Board
may, with the approval of the Minister, prescribe;
(c)
at least one of the partners of the limited liability
partnership is a registered professional engineer who has in force
a practising certificate;
(d)
the business of the limited liability partnership,
so far as it relates to professional engineering work in Singapore,
will be under the control and management of a partner who —(i)
is a registered professional engineer who has
in force a practising certificate; and
(ii)
is authorised under a resolution of the partners
of the limited liability partnership to make all final engineering
decisions on behalf of the limited liability partnership with respect
to the requirements of this Act, the rules or any other law relating
to the supply of professional engineering services by the limited
liability partnership; and
(e)
the limited liability partnership is insured
against professional liability in accordance with section 24 and
the rules.
(5)
Any application for a licence under
this section shall be in such form and shall be made in such manner
as may be prescribed.
(6)
The Board may refuse to grant a licence under
this section to any corporation (whether unlimited or not), partnership
or limited liability partnership if, in the opinion of the Board,
the past conduct of any director, manager or employee of the corporation
or any partner, manager or employee of the partnership or limited
liability partnership affords reasonable grounds for believing that
the corporation, partnership or limited liability partnership, as
the case may be, will not supply professional engineering services
in accordance with any written law and with honesty and integrity.
(7)
Every licence granted under this section
shall, unless earlier revoked, be valid for such period as may be
specified therein.
(8)
Any person whose application for a
licence has been refused by the Board may, within 30 days after
being notified of such refusal, appeal to the Minister whose decision
shall be final.
(9)
In subsections
(1) and (2), “prescribed number or proportion of directors” means —(a)
a majority of the directors, where
no number or proportion is specified under paragraph (b);
or
(b)
where
a number or proportion is specified by the Minister for the purposes of
subsections
(1) and (2) by notification in the Gazette,
such number or proportion of directors as may for the time being
be so specified..
Conditions of licence to practise.
21.
Conditions of licence to practise
21.
—(1)
It shall be a condition
of every licence granted to any corporation, partnership or limited
liability partnership that prof0essional engineering services to
be provided in Singapore by the corporation, partnership or limited
liability partnership shall be supplied by a professional engineer —(a)
who shall be responsible for the professional
engineering works;
(b)
who has in force a practising certificate authorising
him to engage in professional engineering work to which those services
relate; and
(c)
who is —(i)
in the case of a corporation, a director or an
employee of the corporation;
(ii)
in the case of a partnership, a partner or an
employee of the partnership; or
(iii)
in the case of a limited liability partnership,
a partner or an employee of the limited liability partnership.
(2)
It shall be a condition of
every licence granted to any corporation, other than an unlimited
corporation, or to any limited liability partnership that the corporation or
limited liability partnership, as the case may be, shall not supply
professional engineering services in Singapore unless the corporation
or limited liability partnership is insured in respect of professional
liability in accordance with section 24 and the rules.
(3)
Without prejudice to subsections
(1) and (2), the Board may grant a licence subject to such other
conditions as the Board thinks fit and may at any time vary any existing
conditions (other than those specified in subsections (1) and (2))
of such a licence or impose additional conditions thereto.
(4)
Where a licence is granted
by the Board to a corporation, partnership or limited liability
partnership subject to conditions (other than those specified in
subsections (1) and (2)), the corporation, partnership or limited
liability partnership may, if aggrieved by the decision of the Board,
appeal in the prescribed manner to the Minister whose decision shall
be final.
Change in composition of board of directors,
members, etc.
22.
—(1)
Any
licensed corporation shall, within 30 days of the occurrence of —(a)
any
alteration of its memorandum or articles of association to remove
the restrictions, limitations or prohibitions of the kind specified
in section 20 (1), (2) or (4), whichever is applicable;
(b)
any
change in the composition of its board of directors, members or
shareholders; or
(c)
any
revocation of any resolution passed by the board of directors under
section 20 (1) (e) (ii) or (2) (c)
(iii),
furnish the Board a true report in writing
giving full particulars of the alteration or change.
(2)
Any licensed partnership shall, within
30 days of the occurrence of any change in the composition of its
members, furnish the Board a true report in writing giving full
particulars of the change.
(3)
Any licensed limited liability partnership
shall, within 30 days of the occurrence of any change in the composition
of its partners, furnish the Board a true report in writing giving
full particulars of the change.
Application of Companies Act.
23.
—(1)
Sections
162, 163, 197 of and the Eighth Schedule to the Companies Act shall
apply to a licensed corporation which is an exempt private company
subject to the modification that any reference in those sections
and that Schedule to an exempt private company shall not include
a reference to the licensed corporation, and every such licensed
corporation shall —
(a)
comply with the prohibitions in section
162 (relating to loans to its directors) and section 163 (relating
to loans to persons connected with the directors of the lending
company) of the Companies Act as if it were not an exempt private
company; and
(b)
forward
annually to the Registrar of Companies, together with the annual
return required by section 197 of the Companies Act, such copies
of documents as are required to be included in the annual return
and such certificates and particulars in
accordance with the prescribed form referred to in section 197 (2)
of that Act as if it were not an exempt private company.
(2)
In this section, “exempt private
company” has the same meaning as in the Companies Act.
Liability insurance
24.
Every licensed corporation which
is not an unlimited corporation and every licensed limited liability
partnership shall be insured against liability for any breach of
professional duty arising out of the conduct of its business of
supplying professional engineering services as a direct result of
any negligent act, error or omission committed by —(a)
in the case of a corporation, the corporation
or its directors, managers, secretaries or employees; or
(b)
in the case of a limited liability partnership,
the limited liability partnership or its partners, managers or employees.
Relationship between client and licensed corporation
or limited liability partnership
25.
A licensed corporation or a licensed
limited liability partnership shall have the same rights and shall
be subject to the same obligations in respect of fiduciary, confidential
and ethical relationships with each client of the corporation or
limited liability partnership, as the case may be, that exist at
law between a registered professional engineer and his client.
Professional responsibility of supervising
engineers.
26.
A
registered professional engineer who has the control and management
of the business of a or limited liability partnership relating
to the supply of professional engineering services in Singapore
shall be subject to the same standards of professional conduct in respect of the business
as if the professional engineering services were personally supplied
by the registered professional engineer.
Revocation of licence
26A.
—(1)
Subject to subsection
(3), the Board may by order revoke any licence it has granted to
a corporation, partnership or limited liability partnership if,
in the opinion of the Board —(a)
the corporation, partnership or limited liability
partnership has failed to comply with any condition imposed by the
Board under section 21;
(b)
the memorandum or articles of association of
the corporation have been so altered that they no longer include
the restrictions, limitations or prohibitions of the kind specified
in section 20 (1) or (2), whichever is applicable;
(c)
a person who is neither —(i)
a registered professional engineer who has in
force a practising certificate; nor
(ii)
an allied professional who has in force a practising
certificate,
has a beneficial interest in the capital assets and profits of
the partnership;
(d)
the limited liability partnership no longer satisfies
the requirements of section 20 (4);
(e)
the licence had been obtained by fraud or misrepresentation;
(f)
the corporation, partnership or limited liability
partnership has ceased to supply professional engineering services
in Singapore;
(g)
the corporation, partnership or limited liability
partnership has contravened any provision of the prescribed code
of professional conduct and ethics;
(h)
the corporation, partnership or limited liability
partnership has contravened section 22, 23 or 24 or has been convicted
of an offence under this Act;
(i)
the conduct of any director, manager or employee
of the corporation, or any partner or employee of the partnership
or limited liability partnership, affords grounds for believing
that the corporation, partnership or limited liability partnership,
as the case may be, will not supply professional engineering services
in Singapore in accordance with any written law and with honesty
and integrity; or
(j)
the corporation, partnership or limited liability
partnership has refused or failed to comply with an order of the
Board made under subsection (2).
(2)
The Board may, in any case
in which it considers that no cause of sufficient gravity for revoking
a licence exists, by order impose on the corporation, partnership or
limited liability partnership concerned a penalty not exceeding $20,000
and every such penalty shall be recoverable as a debt due to the
Board.
(3)
The Board shall not exercise
its powers under subsection (1) or (2) unless an opportunity of
being heard by a representative in writing or by counsel had been
given to the corporation, partnership or limited liability partnership
against which the Board intends to exercise its powers.
(4)
Where the Board has revoked
a licence under this section, the Registrar shall serve on the corporation,
partnership or limited liability partnership concerned a notice
of the order made by the Board.
(5)
Any order by the Board revoking
a licence or imposing a pecuniary penalty shall not take effect
until the expiration of 30 days after the Board has served the order
on the corporation, partnership or limited liability partnership
concerned.
(6)
Where an order of revocation
becomes effective —(a)
the Registrar shall cause notice of the revocation
to be published in the Gazette and remove from
the register of licensees the name and other particulars of the
corporation, partnership or limited liability partnership concerned;
and
(b)
the corporation, partnership or limited liability
partnership concerned shall, as from the date of the notice, cease
to supply professional engineering services in Singapore except
as may be approved by the Board for the purpose of winding up its
business.
(7)
Subsection (6) (b)
shall not prejudice the enforcement by any person of any right or
claim against the corporation, partnership or limited liability
partnership or by the corporation, partnership or limited liability
partnership of any right or claim against any person.
Appeal against order of Board
26B.
—(1)
If the Board has
made —(a)
an order of revocation of a licence under section
26A against a corporation, partnership or limited liability partnership;
or
(b)
an order imposing any pecuniary penalty on a
licensed corporation, partnership or limited liability partnership
under section 26A (2),
the corporation, partnership or limited liability partnership
concerned may, within 30 days after being served with the notice
of the order, appeal to the High Court against the order, and the
decision of the High Court shall be final.
(2)
Where the corporation, partnership
or limited liability partnership concerned has appealed to the High
Court against an order under section 26A, the order shall not take
effect unless the order is confirmed by the High Court or the appeal
is for any reason dismissed by the High Court or withdrawn.
(3)
Any corporation, partnership
or limited liability partnership whose name has been removed from
the register of licensees under section 26A (6) (a)
shall, if its appeal to the High Court is allowed, be immediately
reinstated without payment of any fee.
PART VII
DISCIPLINARY PROCEEDINGS
Appointment of Investigation Panel
27.
—(1)
For the purpose
of enabling Investigation Committees to be appointed under section
30, the Board shall appoint a panel (referred to in this Act as
the Investigation Panel) consisting of —(a)
not less than 10 and not more than 20 registered
professional engineers of at least 10 years’ standing who
are not members of the Board; and
(b)
not less than 5 and not more than 10 allied professionals
or lay persons.
(2)
A member of the Investigation
Panel shall be appointed for a term of 2 years and shall be eligible
for re-appointment.
(3)
The Board may, at any time,
revoke the appointment of any member of the Investigation Panel
or fill any vacancy in its membership.
Complaints against registered professional
engineers
28.
Any complaint concerning —(a)
the conviction of a registered professional engineer
of any offence involving fraud, dishonesty or moral turpitude, or
implying a defect in character which makes him unfit for his profession;
(b)
any improper act or conduct of a registered professional
engineer in his professional capacity which brings disrepute to
his profession;
(c)
any contravention by a registered professional
engineer of any provision of the prescribed code of professional
conduct and ethics;
(d)
the ability of a registered professional engineer
to carry out the duties of a professional engineer effectively in
Singapore; or
(e)
any failure on the part of a registered professional
engineer, while being a director, a manager or an employee of a
licensed corporation, or a partner, a manager or an employee of
a licensed partnership or limited liability partnership, to take
reasonable steps to prevent the corporation, partnership or limited
liability partnership from acting in a manner (other than as described
in section 26A (1) (e)) which would warrant
the Board revoking any licence granted to the corporation, partnership
or limited liability partnership or imposing a penalty under section
26A (2),
shall be made to the Board in writing and shall be supported
by such statutory declaration as the Board may require, except that
no statutory declaration shall be required if the complaint is made
or given by any public officer or officer of the Board.
Review of complaints
29.
—(1)
Subject to subsection
(3), the Board shall, upon receiving any complaint under section
28, refer the complaint to the Registrar for review.
(2)
The Board may also, on its
own motion, refer any information concerning any improper or dishonourable
act or conduct of a registered professional engineer to the Registrar
for review.
(3)
The Board need not refer any
complaint or information to the Registrar for review where the complaint
or information relates to any matter set out in section 17B (2),
and in such a case, the Board may take such action as it thinks
fit under that section.
(4)
The Registrar —(a)
shall review the complaint or information referred
to him for the purpose of determining if there are sufficient merits
therein to warrant the institution of disciplinary proceedings under
this Part against the registered professional engineer concerned;
and
(b)
may, for the purpose of conducting such review,
enlist the assistance of any registered professional engineer, allied
professional or lay person on the Investigation Panel.
(5)
In conducting a review under
this section, the Registrar may require the complainant (if any)
or the registered professional engineer concerned to answer any question
or to furnish any document or information that the Registrar considers
relevant for the purpose of the review.
(6)
On the completion of a review
under this section, the Registrar shall —(a)
dismiss the complaint or information, if he finds
that the complaint is frivolous, vexatious, misconceived or without
merits, or that the information is unsubstantiated;
(b)
in a case where the complaint or information
relates to the conviction (whether in Singapore or elsewhere) of
the registered professional engineer of an offence that —(i)
involves fraud or dishonesty; or
(ii)
implies a defect in character which makes the
registered professional engineer unfit for his profession,
recommend to the Board to refer the matter to a Disciplinary
Committee for a formal inquiry; and
(c)
in any other case, recommend to the Board to
refer the matter to an Investigation Committee for an inquiry.
(7)
The Board may, upon accepting
the recommendation of the Registrar under subsection (6) (b)
or (c), appoint an Investigation Committee or
a Disciplinary Committee, as appropriate, and refer the matter thereto
for an inquiry or a formal inquiry, as the case may be.
Appointment of Investigation Committee
30.
—(1)
The Board may,
from time to time, appoint one or more Investigation Committees
comprising —(a)
a chairman who is a member of the Board;
(b)
2 members of the Investigation Panel who are
registered professional engineers; and
(c)
a member of the Investigation Panel who is an
allied professional or a lay person,
to inquire into any complaint or information received by the
Board under section 28.
(2)
A member of the Investigation
Panel who has assisted the Registrar in reviewing any complaint
or information under section 29 (4) (b) shall
not be a member of an Investigation Committee inquiring into the
same matter.
(3)
An Investigation Committee
shall be appointed in connection with one or more matters or for
a fixed period of time, as the Board thinks fit.
(4)
The Board may, at any time,
revoke the appointment of the chairman or any member of an Investigation
Committee or fill any vacancy in an Investigation Committee.
(5)
No act done by or under the
authority of an Investigation Committee shall be invalid in consequence
of any defect that is subsequently discovered in the appointment
or qualification of the chairman or members or any of them.
(6)
The chairman of an Investigation
Committee shall, notwithstanding that he has ceased to be a member
of the Board on the expiry of his term of office, continue to be
the chairman of the Investigation Committee until such time as the
Investigation Committee has completed its work.
(7)
A member of an Investigation
Committee shall, notwithstanding that he has ceased to be a member
of the Investigation Panel on the expiry of his term of office, continue
to be a member of the Investigation Committee until such time as
the Investigation Committee has completed its work.
Powers and procedure of Investigation
Committee
31.
—(1)
For the purposes
of any inquiry, an Investigation Committee may require any person —(a)
to attend at a specified time and place and give
evidence before the Investigation Committee; and
(b)
to produce all books, documents and papers in
the custody of such person or under his control which may be related
to or be connected with the subject-matter of the inquiry.
(2)
Any person who, without lawful
excuse —(a)
refuses or fails to comply with any requirement
of the Investigation Committee under subsection (1); or
(b)
refuses to answer or gives a false answer to
any question put to him by a member of the Investigation Committee,
shall be guilty of an offence and shall be liable on conviction
to a fine not exceeding $5,000 or to imprisonment for a
term not exceeding 6 months or to both.
(3)
Subject to the rules, an Investigation
Committee shall have the power to regulate its own procedure for
an inquiry.
(4)
An Investigation Committee
shall complete its inquiry not later than 3 months from the date
on which the matter to be inquired into is referred to it, unless
the Board, on application of the Investigation Committee, allows
otherwise.
Findings of Investigation Committee
31A.
Upon due inquiry into any complaint
or information, an Investigation Committee shall report its findings
to the Board and recommend to the Board to do any of the following:(a)
order that the complaint or information be dismissed;
(b)
order that the registered professional engineer
be issued with a letter of advice or a letter of warning;
(c)
order that a formal inquiry be held by a Disciplinary
Committee;
(d)
make such other order as the Investigation Committee
considers appropriate.
Decision of Board
31B.
—(1)
Upon receiving
the findings and recommendation of an Investigation Committee, the
Board may —(a)
accept the recommendation and make the recommended
order;
(b)
refer the matter back to the Investigation Committee
for further inquiry; or
(c)
make such other order as the Board thinks fit.
(2)
The Board shall not —(a)
issue any letter of advice or letter of warning
to a registered professional engineer in accordance with the recommendation
of the Investigation Committee under section 31A (b);
or
(b)
make any other order against the registered professional
engineer in accordance with the recommendation of the Investigation
Committee under section 31A (d),
unless the Board is satisfied that the Investigation Committee
had allowed the registered professional engineer concerned an opportunity
of being heard either personally or by counsel during the inquiry.
(3)
The Board shall notify the
person who made the complaint or gave the information, if any, of
its decision.
(4)
A registered professional
engineer who is aggrieved by any advice or order of the Board, being
an advice or order referred to in section 31A (b)
or (d) may, within 30 days of being notified
of the determination of the Board, appeal to the Minister whose
decision shall be final.
(5)
Where the person who made
the complaint or gave the information to the Board is dissatisfied
with the decision of the Board under section 31A (a),
(b) or (d), he may, within
30 days of being notified of the determination of the Board, appeal to
the Minister whose decision shall be final.
(6)
The Minister may, in relation
to an appeal under subsection (4) or (5), make —(a)
an order affirming the decision of the Board;
(b)
an order directing a formal inquiry to be held
by a Disciplinary Committee; or
(c)
such other order as he thinks fit.
Appointment of Disciplinary Committee
31C.
—(1)
The Board may,
from time to time, appoint one or more Disciplinary Committees to
formally inquire into —(a)
any complaint or information in respect of which
the Board or the Minister has, under section 31B, ordered that a
formal inquiry be held by a Disciplinary Committee; or
(b)
any matter referred to the Board under section
29 (6) (b).
(2)
A Disciplinary Committee shall
comprise not less than 3 registered professional engineers
of at least 10 years’ standing, of whom at least 2 shall
be members of the Board.
(3)
A Disciplinary Committee may
be appointed in connection with one or more matters or for a fixed
period of time, as the Board thinks fit.
(4)
The chairman or a member of
an Investigation Committee which inquired into any complaint or
information shall not be a member of a Disciplinary Committee inquiring
into the same matter.
(5)
The Board shall appoint a
member of a Disciplinary Committee to be the chairman of the Disciplinary
Committee.
(6)
The Board may, at any time,
revoke the appointment of any Disciplinary Committee or any member
thereof, or fill any vacancy in a Disciplinary Committee.
(7)
No act done by or under the
authority of a Disciplinary Committee shall be invalid in consequence
of any defect that is subsequently discovered in the appointment
or qualification of the members or any of them.
(8)
A member of a Disciplinary
Committee shall, notwithstanding that he has ceased to be a member
of the Board on the expiry of his term of office, continue to be
a member of the Disciplinary Committee until such time the Disciplinary
Committee has completed its work.
Observer
31D.
—(1)
The Board shall
appoint a member of the Investigation Panel who is an allied professional
or a lay person as an observer of the proceedings of a Disciplinary
Committee, except that the person appointed must not have assisted
the Registrar in reviewing any complaint or information under section
29 (4) (b) or been a member of the Investigation
Committee which had inquired into the same matter.
(2)
The observer shall not vote
on any question or matter to be decided by the Disciplinary Committee
and need not be present at every meeting of the Disciplinary Committee.
Professional engineer to be notified
of inquiry
31E.
—(1)
Before a Disciplinary
Committee commences its formal inquiry into any complaint or information
referred to it, the Registrar shall serve on the registered professional
engineer concerned a notice of the formal inquiry.
(2)
An inquiry shall not be fixed
on a date earlier than 21 days after the date of the notice of inquiry
except with the agreement of the registered professional engineer.
(3)
On application to the Disciplinary
Committee, the registered professional engineer may request postponement
of the formal inquiry, and the Disciplinary Committee may, in its
discretion, grant the application and postpone the formal inquiry to
such date as it may determine, or refuse the application.
Powers and procedure of Disciplinary
Committee
31F.
—(1)
For the purposes
of a formal inquiry, a Disciplinary Committee may require any person —(a)
to attend at a specified time and place and give
evidence before the Disciplinary Committee; and
(b)
to produce all books, documents and papers in
the custody of such person or under his control which may be related
to or be connected with the subject-matter of the formal inquiry.
(2)
Any person who, without lawful
excuse —(a)
refuses or fails to comply with any requirement
of the Disciplinary Committee under subsection (1); or
(b)
refuses to answer or gives a false answer to
any question put to him by a member of the Disciplinary Committee,
shall be guilty of an offence and shall be liable on conviction
to a fine not exceeding $5,000 or to imprisonment for a
term not exceeding 6 months or to both.
(3)
The Disciplinary Committee —(a)
shall not be bound to act in any formal manner
and shall not be bound by the provisions of the Evidence Act (Cap.
97) or by any other written law relating to evidence, but may inform
itself on any matter in such manner as it thinks fit;
(b)
may administer an oath or affirmation to any
person giving evidence before it; and
(c)
may, subject to the rules, regulate its own procedure
for a formal inquiry.
(4)
Any party to the proceedings
before a Disciplinary Committee may sue out writs of subpoena ad
testificandum and of duces tecum, and such writs shall be served
and may be enforced as if they were writs issued in connection with
a civil action in the High Court.
(5)
Any person giving evidence
before a Disciplinary Committee shall be legally bound to tell the
truth.
(6)
Persons giving evidence in
a formal inquiry shall have the same privileges and immunities in
relation to an inquiry as if it was a proceeding in a court of law.
(7)
The Board may appoint an advocate
and solicitor for the purpose of a formal inquiry (whether to prosecute
the complaint or to act as a legal advisor to the Disciplinary Committee)
and pay to the advocate and solicitor, as part of the expenses of the
Board, such remuneration as the Board may determine.
(8)
A Disciplinary Committee shall
complete its inquiry not later than 6 months from the date of its
appointment, unless the Board, on application of the Disciplinary Committee,
allows otherwise.
(9)
In sections 172 to 175, 177,
179, 182 and 228 of the Penal Code (Cap. 224), “public
servant” shall be deemed to include a member of a Disciplinary
Committee holding a formal inquiry, and in sections 193 and 228
of the Penal Code, “judicial proceeding” shall
be deemed to include such a formal inquiry.
Findings of Disciplinary Committee
31G.
—(1)
Where, upon due
inquiry into a complaint or matter, a Disciplinary Committee is
satisfied that the registered professional engineer concerned —(a)
has been convicted of any offence involving fraud,
dishonesty or moral turpitude, or such defect in character which
makes him unfit for his profession;
(b)
has been guilty of such improper act or conduct
which, in the opinion of the Disciplinary Committee, brings disrepute
to his profession;
(c)
has contravened any provision of the prescribed
code of professional conduct and ethics;
(d)
is no longer in a position to carry out the duties
of a registered professional engineer effectively in Singapore;
or
(e)
while being a director, a manager or an employee
of a licensed corporation, or a partner, a manager or an employee
of a licensed partnership or limited liability partnership, had
failed to take reasonable steps to prevent the corporation, partnership
or limited liability partnership from acting in a manner (other
than as described in section 26A (1) (e)) which
would warrant the Board revoking any licence granted to the corporation,
partnership or limited liability partnership or imposing a penalty
under section 26A (2),
the Disciplinary Committee may exercise one or more of the powers
referred to in subsection (2).
(2)
The powers that the Disciplinary
Committee may exercise for the purposes of subsection (1) are as
follows:(a)
by order direct the Registrar to remove the name
of the registered professional engineer from the register of professional
engineers;
(b)
by order suspend the registered professional
engineer from practice for a period of not more than 2 years;
(c)
by order impose on the registered professional
engineer a penalty not exceeding $10,000;
(d)
by writing censure the registered professional
engineer; and
(e)
make such other order as the Disciplinary Committee
thinks fit.
(3)
In addition to its powers
under subsection (2), the Disciplinary Committee may order the registered
professional engineer concerned to pay to the Board such sum, not
exceeding $10,000, as the Disciplinary Committee thinks
fit in respect of the costs and expenses of and incidental to any
proceedings against him under this Part.
(4)
Where the Disciplinary Committee
finds that the registered professional engineer has not been convicted
or guilty of any of the matters referred to in subsection (1) (a) to (e), the Disciplinary
Committee shall order that the complaint or information be dismissed.
(5)
The costs and expenses referred
to in subsection (3) shall include —(a)
the costs and expenses of any advocate and solicitor
appointed by the Board for proceedings before the Disciplinary Committee;
(b)
such reasonable expenses as the Board may pay
to witnesses; and
(c)
such reasonable expenses as are necessary for
the conduct of proceedings before the Disciplinary Committee,
and the High Court shall have jurisdiction to tax such costs
and any such order for costs shall be enforceable as if it were
made in connection with a civil action in the High Court.
(6)
The Registrar shall serve
on the registered professional engineer concerned a notice of the
order made by the Disciplinary Committee.
(7)
Subject to subsection (8),
an order referred to in subsection (2) shall not take effect until
the expiration of 30 days after the order is made.
(8)
On making an order referred
to in subsection (2) (a) or (b),
the Disciplinary Committee, if satisfied that to remove the name
of the registered professional engineer concerned from the register
of professional engineers or to suspend him from practice, as the
case may be, is necessary for the protection of members of the public or
would be in the best interests of the registered professional engineer,
may order that the Registrar immediately remove his name from the
register or suspend him from practice, as the case may be.
(9)
An order under subsection
(8) shall take effect from the time the order is made.
(10)
While any order of suspension
from practice made under subsection (2) (b) remains
in force, the person to whom the order applies shall not for the
purposes of this Act be regarded as having in force a practising
certificate but immediately on the expiry or annulment of such order,
his privileges under this Act shall be revived as from the date
of expiry or annulment.
(11)
For the purposes of subsection
(1) (e), a registered professional engineer shall
not be deemed to have taken reasonable steps to prevent the doing
of any act by a licensed corporation, partnership or limited liability
partnership unless he satisfies the Disciplinary Committee that —(a)
the act was done without his knowledge;
(b)
he was not in a position to influence the conduct
of the corporation, partnership or limited liability partnership
in relation to its action; or
(c)
he, being in such a position, exercised all due
diligence to prevent the corporation, partnership or limited liability
partnership from so acting.
(12)
In this section, references
to acts done by a licensed corporation, partnership or limited liability
partnership include references to omissions to act and to a series of
acts or omissions to act.
(13)
Every penalty imposed under
an order by a Disciplinary Committee under subsection (2) shall
be recoverable as a debt due to the Board.
Appeal against order by Disciplinary
Committee
31H.
—(1)
Any person aggrieved
by a decision of the Disciplinary Committee referred to in section
31G (2), (3) or (4) may, within 30 days after the service
on him of the notice of the order, appeal to the High Court against
the order.
(2)
There shall be no appeal from
the decision of the High Court.
(3)
In any appeal to the High
Court against a decision referred to in section 31G (2), (3) or
(4), the High Court shall accept as final and conclusive any finding
of the Disciplinary Committee relating to any issue of ethics or
standards of professional conduct unless such finding is in the
opinion of the High Court unsafe, unreasonable or contrary to the
evidence.
(4)
Notwithstanding anything in
section 31G, where a person has appealed to the High Court against
an order referred to in section 31G (2) or (3), the order shall
not take effect unless the order is confirmed by the High Court
or the appeal is for any reason dismissed by the High Court or withdrawn.
Conviction final and conclusive
31I.
In any proceedings under this
Part in relation to the conviction of a registered professional
engineer for a criminal offence, the Minister, the Board, an Investigation
Committee, a Disciplinary Committee, and the High Court on appeal
from any order of a Disciplinary Committee, shall accept his conviction
as final and conclusive.
Service of documents
31J.
Any notice, order or document
required or authorised to be served under this Part shall be deemed
to be sufficiently served —(a)
by delivering a copy thereof personally or by
leaving it with some adult person at the last known place of residence
or business of the person on whom it is to be served; or
(b)
by sending it by registered post addressed to
the person on whom the notice is to be served at his address as
stated in the appropriate register.
PART VIII
GENERAL
Application of fees, etc., received
by Board.
32.
—(1)
All
fees payable under this Act shall be paid to the Board to be applied in
the first place to defraying expenses of registration and other
expenses of the administration of this Act, including any expenses
of the Board that may be allowed under any rules and thereafter
to providing scholarships and the promotion of learning and education
in connection with engineering.
(2)
The Registrar shall take and receive
all moneys payable to the Board under this Act.
(3)
All fees and other moneys payable to
the Board under this Act shall be paid forthwith into a bank account
approved by the Board.
(4)
The Board shall keep proper accounts
and records of its transactions and affairs and shall do all things
necessary to ensure that all payments out of its moneys are correctly
made and properly authorised and that adequate control is maintained
over the assets of, or in the custody of, the Board and over the
expenditure incurred by the Board.
(5)
The
Board may invest its moneys in accordance with the standard investment power
of statutory bodies as defined in section 33A of the Interpretation
Act (Cap. 1).
(6)
The accounts of the Board shall be
audited by an auditor approved by the Minister.
(7)
The Board shall, as soon as practicable
after the end of each accounting year but not later than 3 months
from the end of that year unless the Minister otherwise authorises
in writing, submit to the Minister a report of its functions proceedings
and activities during the preceding year.
33.
Repealed by Act 27/2005, wef 01/12/2005.
Penalty for wilful falsification of
register and for wrongfully procuring registration, etc.
34.
Any
person who —(a)
wilfully makes or causes to be made
any false entry in or falsification of any register kept and maintained
under this Act;
(b)
wilfully procures or attempts to procure —(i)
for
any corporation, partnership or limited liability
partnership any licence; or
(ii)
for himself or any other person a practising
certificate or to be registered as a professional engineer under
this Act,
by making or producing or causing to
be made or produced any false or fraudulent representation or declaration,
either verbally or in writing, or by intentionally suppressing any
material fact and furnishing information which is misleading; or
(c)
knowingly aids or assists in any of
the acts mentioned in paragraph (a) or (b),
shall be guilty of an offence and shall
be liable on conviction to a fine not exceeding $5,000
or to imprisonment for a term not exceeding 6 months or to both.
35.
Where
a corporation, partnership, limited liability
partnership or unincorporated association of persons is guilty
of an offence under this Act and that offence is proved to have
been committed with the authority, consent or connivance of any
director, manager, partner, secretary or other similar officer of
the corporation, partnership, limited liability
partnership or association or any person who was purporting
to act in any such capacity, he, as well as the corporation, partnership
, limited liability partnership or association,
shall be guilty of that offence and shall be liable to be proceeded
against and punished accordingly.
36.
—(1)
The
Board may, with the approval of the Minister, make rules for carrying
out the purposes of this Act and for any matter which is required
under this Act to be prescribed.
(2)
Without prejudice to the generality
of subsection (1), the Board may, with the approval of the Minister,
make rules —(a)
prescribing forms of applications under
this Act and certificates of registration, practising certificates
and licences;
(b)
prescribing the fees payable under
this Act;
(c)
prescribing the subject-matter of examinations
to be conducted by or under the direction of the Board in the case
of applicants or class of applicants for registration;
(d)
prescribing the form of the register
of professional engineers, register of practitioners and register
of licensees to be kept and the particulars to be entered therein;
(e)
prescribing a code of professional
conduct and ethics;
(f)
requiring all or any of the following
to take out and maintain insurance against liability for breach
of professional duty in the course of supplying professional engineering
services:(i)
any partnership consisting wholly of
registered professional engineers;
(ii)
any partnership or unlimited corporation
applying for a licence;
(iii)
any registered professional engineer
applying for a practising certificate for the purpose of engaging
in professional engineering practice on his own account;
(iv)
any registered professional engineer
applying for a practising certificate who is employed or about to
be employed by any person or body referred to in subparagraphs (i)
to (iii);
(v)
any other registered professional engineer
applying for a practising certificate;
(g)
prescribing the terms and conditions
of insurance against professional liability under this Act or rules,
including a minimum limit of indemnity; and
(h)
generally providing for such other
matters as may be necessary or expedient for carrying out the provisions
of this Act.
(3)
All rules made under this section shall
be presented to Parliament as soon as possible after publication
in the Gazette.
Exemption.
37.
—(1)
The
Minister may, by order and subject to such conditions as he thinks fit,
exempt any person or class of persons from all or any of the provisions
of this Act.
(2)
Any order made under this section shall
be presented to Parliament as soon as possible after publication
in the Gazette.
No action in absence of bad faith or
malice.
38.
No
action or proceedings shall lie against the Board , any committee
appointed by the Board under this Act, or any member thereof for
any act or thing done under this Act unless it is proved to the
court that the act or thing was done in bad faith or with malice.
PART IX
Deleted by Act 27/2005, wef 01/12/2005.
THE
SCHEDULE
Section 14 (2).
EXEMPT CLASSES OF PERSONS.
1.
Certificated
officers under the Merchant Shipping Act.
2.
Holders
of any certificate of competency issued under regulations made under
the Factories Act for the purpose of taking charge of or operating
steam boilers or internal combustion engines.
3.
Electrical workers licensed under the Electricity
Act (Cap. 89A).
4.
Fire
safety engineers registered under the Fire Safety Act (Cap. 109A).