Section 29
of Architects, Professional Engineers and Quantity Surveyors Act
Section 29
(1)
Any licensed body corporate 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 27(1);
(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 27(1)(d)(ii), 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 members, furnish the Board a true report in writing giving full particulars of the change.
Liability insurance 30.
Every licensed body corporate and every licensed limited liability partnership shall insure itself against liability for any breach of professional duty arising out of the conduct of its business of supplying architectural, professional engineering or quantity surveying services as a direct result of any negligent act, error or omission committed by the corporation or its directors, managers, secretaries or employees.
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Relationship between client and licensed body corporate 31.
A licensed body corporate 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 body corporate or limited liability partnership that exist at law between a registered architect, a registered professional engineer or a registered quantity surveyor and his client.
Professional responsibility of supervising architect, supervising professional engineer or supervising quantity surveyor 32.
A registered architect, a registered professional engineer or a registered quantity surveyor who has the control and management of the business of a licensed body corporate, partnership or limited liability partnership relating to the supply of architectural, professional engineering or quantity surveying services in Brunei Darussalam shall be subject to the same standards of professional conduct and competence in respect of such services as if he was personally supplying the architectural, professional engineering or quantity surveying services.
Revocation of licence 33.
(1)
Subject to subsection (3), the Board may by order revoke any licence it has granted to a body corporate, partnership or limited liability partnership if, in the opinion of the Board —
(a)
the body corporate, partnership or limited liability partnership has failed to comply with any condition imposed by the
Board under section 28;
(b)
the memorandum or articles of association of the body corporate have been so altered that they no longer include the restrictions, limitations or prohibitions of the kind specified in section 27(1);
(c)
a person who is not —
(i)
a registered architect who has in force a practising certificate;
(ii)
a registered professional engineer who has in force a practising certificate; or
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(iii)
a registered quantity surveyor who has in force a practicing certificate, has a beneficial interest in the capital assets and profits of the partnership;
(d)
limited liability partnership no longer satisfies the requirements of section 27(5), (6) and (7);
(e)
the licence had been obtained by fraud or misrepresentation;
(f)
the body corporate, partnership or limited liability partnership has ceased to supply architectural, professional engineering or quantity surveying services in Brunei Darussalam;
(g)
the body corporate, partnership or limited liability partnership has contravened any provision of the prescribed code of professional conduct and ethics;
(h)
the body corporate, partnership or limited liability partnership has contravened section 29 or 30 or has been convicted of an offence under this Act;
(i)
the conduct of any director, manager or employee of the body corporate, or any partner or employee of the partnership or limited liability partnership affords grounds for believing that the body corporate, partnership or limited liability partnership will not supply architectural, professional engineering or quantity surveying services in Brunei Darussalam in accordance with any written law and with honesty and integrity; or
(j)
the body corporate, 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 body corporate, 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
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by counsel had been given to the body corporate, 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 body corporate, 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 penalty shall not take effect until the expiration of 30 days after the Board has served that order on the body corporate, partnership or limited liability partnership.
(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 body corporate, partnership or limited liability partnership concerned; and
(b)
the body corporate, partnership or limited liability partnership concerned shall, as from the date of the notice, cease to supply architectural, professional engineering or quantity surveying services in Brunei Darussalam except as may be approved by the
Board for the purpose of winding up its business.
(7)
Subsection (6)(b) does not prejudice the enforcement by any person of any right or claim against the body corporate, partnership or limited liability partnership by the body corporate, partnership or limited liability partnership of any right or claim against any person.
Appeal against order of Board 34.
(1)
If the Board has made —
(a)
an order revoking a licence under section 33(1) against a body corporate, partnership or limited liability partnership; or
(b)
an order imposing a penalty on a licensed body corporate, partnership or limited liability partnership under section 33(2), the body corporate, partnership or limited liability partnership concerned may, within 30 days after being served with the order, appeal against the order to the Minister, whose decision is final.
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(2)
Where the body corporate, partnership or limited liability partnership concerned has appealed against an order to the Minister under section 34, the order shall not take effect unless the order is confirmed by the
Minister or the appeal is dismissed by the Minister or withdrawn.
(3)
Any body corporate, partnership or limited liability partnership whose name has been removed from the register of licensees under section 33(6)(a) shall, if its appeal to the Minister is allowed, be forthwith reinstated without payment of any fee.