PROFESSIONAL ENGINEERS ACT – INCORPORATING PE (AMENDMENT) BILL 2005

(CHAPTER 253)

EXISTING PROVISIONS IN PE ACT	PROVISIONS INCORPORATING PE (AMENDMENT) BILL 2005 (amendments shown in bold and italic)
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 which supply professional engineering services in Singapore.	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.
PART I PRELIMINARY	PART I PRELIMINARY
Short title. 1 This Act may be cited as the Professional Engineers Act.	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;	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;
"Investigation Committee" means an Investigation Committee appointed under section 7 (2);	”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;	"licence" means a licence to supply professional engineering services granted under section 20;
"licensed" , in relation to a corporation or partnership, means a corporation or partnership which has in force a licence;	"licensed" , in relation to a corporation, partnership or limited liability partnership, means a corporation, partnership or limited liability 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" , 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;	"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;	"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" means an annual certificate issued under section 18 authorising the holder thereof to engage in professional engineering work in Singapore;	“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 appointed under section 4(2)(a);	"President" means the President of the Board;
"previous Board" means the Professional Engineers Board established under section 3 of the repealed Act;
"professional engineering services" means consultancy or advisory services relating to any professional engineering work and includes selling or supplying for gain or reward any plan, sketch, drawing, design, specification or other document relating to any professional engineering work;	”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;	"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 and partnerships kept by the Board under section 8 (1) (c);	"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;	"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;
"repealed Act" means the Professional Engineers Act repealed by this Act;<div align=right>	<div align=right>
"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.	"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. 3(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.	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. 3(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	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.	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.
4(2) The Board shall consist of the following members to be appointed by the Minister: (a) a President who shall be appointed from among the registered professional engineers; (b) 3 registered professional engineers selected from a list of not less than 4 registered professional engineers submitted by the Council of the Institution of Engineers, Singapore; (c) such other registered professional engineers, not being more than 5, as the Minister may from time to time determine; and (d) a registered architect nominated by the Board of Architects.	4(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.
4(3) Not less than 3 members of the Board shall be in private practice and not more than 3 members of the Board shall be representative of any particular branch of engineering.	4(3) Not less than 5 members of the Board shall be in private practice.
4(4) The members of the Board shall be appointed for a term not exceeding 3 years but may from time to time be reappointed, and may at any time be removed from office by the Minister.	4(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.
4(5) 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 is 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 incapacitated by physical illness; or (e) he has at any time after due inquiry been found guilty by the Board or previous Board of improper conduct.	4(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.
4(6) 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 subsection (5), and the vacancy so created shall, as soon as practicable, be filled in the manner in which the appointment to the vacant office was made; and every person so appointed shall hold office for the residue of the term for which his predecessor was appointed.	4(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.
4(7) The powers of the Board shall not be affected by any vacancy in its membership.	4(7) The members elected under subsection (2)(c) shall hold office for a term of 3 years and shall be eligible for re-election for not more than 2 consecutive terms.
4(8) 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(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.
4(9) At any meeting of the Board, 5 members shall form a quorum and no business shall be transacted at any meeting unless a quorum is present.	4(9) The Minister may, at any time, revoke the appointment of any member appointed under subsection (2)(d) or (4) without assigning any reason.
4(10) 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. 4(11) 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(12) Subject to the provisions of this Act, the Board may determine its own procedure. 4(13) The Board shall cause proper records of its proceedings to be kept.
	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 referred to in section 4(2)(c) shall vote for the election of such members at such time and in such manner as may be prescribed.
	4A(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).
	4B(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 of Singapore nor a Singapore permanent resident; (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.
	4D(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.
	4D(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.
	4D(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.
	4D(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.
	4D(6) The powers of the Board shall not be affected by any vacancy in its membership.
	4D(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.
	4E(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.
	4E(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.
	4E(4) Subject to the provisions of this Act, the Board may determine its own procedure.
	4E(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. 5(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.	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. 5(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 and 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.	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.	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.
7(2) Without prejudice to the generality of subsection (1), the Board may appoint one or more Investigation Committees, consisting of such number of members (which may include members of the Board) as the Board may determine, for the purpose of investigating into any complaint against a registered professional engineer or a licensed corporation or partnership. 7(3) An Investigation Committee shall, after investigating into any complaint, report to the Board on the matter and if, as a result of such investigation and report, the Board is of the opinion that there is a prima facie case for the cancellation of the regi