Section 11
Illegal professional engineering practice
of Architects, Professional Engineers and Quantity Surveyors Act
(1)
Subject to the provisions of this Act, no person shall engage in any of the prescribed branches of professional engineering work in
Brunei Darussalam 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 Brunei Darussalam unless he is —
(a)
a registered professional engineer who has in force a practising certificate authorising him to engage in that branch of professional engineering work;
(b)
under the direction or supervision of 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; or
(c)
authorised by the Board to work in collaboration
(but without a right to any independent practice) with a registered
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professional engineer who has in force a practising certificate authorising the registered professional engineer to engage in that branch of professional engineering work.
(2)
The Board may grant its authorisation to any person under subsection (1)(c) subject to such conditions as it thinks fit to impose.
(3)
Subject to the provisions of this Act, no person shall sign and submit to a building authority or to a public authority —
(a)
any plan, sketch, drawing, design, specification or other document relating to any professional engineering work in Brunei
Darussalam; or
(b)
any report on or a certificate or other document relating to any professional engineering work in Brunei Darussalam which is required by any written law to be signed by a professional engineer, unless he is a registered professional engineer who has in force a practising certificate authorising him to engage in such branch of professional engineering work.
(4)
Subject to provisions of this Act, no person shall use verbally or otherwise —
(a)
the words “professional engineer” or “engineer” or any additions to or derivative of those words in connection with his designation;
(b)
the abbreviation “Ir.” or “Er.” as a title before his name; or
(c)
any word, name or designation that might lead to the belief that he is a registered professional engineer, unless he is a registered professional engineer.
(5)
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” or “engineer” as may be approved by the Board.
Architects, Professional Engineers and Quantity Surveyors 22
(6)
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 Brunei
Darussalam, unless he is —
(a)
a registered professional engineer who has in force a practising certificate;
(b)
a licensed body corporate;
(c)
a licensed partnership;
(d)
a licensed limited liability partnership; or
(e)
a partnership consisting wholly of registered professional engineers.
(7)
Nothing in subsection (6) shall apply to prevent a body corporate that ceases to have in force a licence from carrying on any activity necessary to the winding up of that body corporate.
(8)
Subject to the provisions of this Act, no person shall supply or offer to supply professional engineering services in Brunei Darussalam unless he 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 or a partnership consisting wholly of registered professional engineers who each has in force a practising certificate;
(b)
an allied professional and is doing so only by reason of being a partner in a licensed partnership; or
(c)
a licensed body corporate or limited liability partnership.
(9)
Any person who contravenes subsection (1), (3), (4), (6) or (8) is guilty of an offence and liable on conviction —
(a)
in respect of a first offence, to a fine not exceeding $10,000;
and
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(b)
in respect of a second or subsequent offence, to a fine not exceeding $20,000, imprisonment for a term not exceeding one year or both.
(10)
Nothing in this section shall be construed to permit or authorise any licensed body corporate or partnership to supply any professional engineering services which it is not licensed to supply.
(11)
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.