Section 18
Register of accredited checkers etc.
(1)
The Authority shall keep and maintain the following registers —
(a)
a register of accredited checkers registered under section 20(2); and
(b)
a register of accredited checking organisations registered under section 20(2), in which shall be entered the names and prescribed particulars of the persons and organisations so registered.
(2)
The absence of the name of any person or organisation from the registers kept under subsection (1) shall be prima facie evidence that —
(a)
in the case of the register of accredited checkers, the person is not so registered or his registration has been suspended or cancelled;
and
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(b)
in the case of the register of accredited checking organisations, the organisation is not so registered or its registration has been suspended or cancelled.
(3)
The registers referred to in subsection (1) shall be kept and maintained at the office of the Authority and shall be available for inspection by any person without charge during office hours.
Eligibility to become accredited checker or accredited checking organisation 19.
(1)
Subject to this Act, a person who applies to be registered, or to renew his registration, as an accredited checker, is eligible to be so registered or have his registration so renewed if —
(a)
he has paid the prescribed fee for such registration or renewal;
(b)
he satisfies the Authority that he has the qualifications and the practical experience (whether within Brunei Darussalam or elsewhere) prescribed for an accredited checker; and
(c)
he satisfies such other requirements as may be prescribed for such registration or renewal.
(2)
Notwithstanding subsection (1), the Authority may refuse to register, or to renew the registration of, a person as an accredited checker if, in the opinion of the Authority —
(a)
the person is not of good character and reputation; or
(b)
there are reasonable grounds for believing that the person will not carry out the duties of an accredited checker in accordance with this Act or the building regulations.
(3)
Subject to this Act, a partnership or corporation which applies to be registered, or to renew its registration, as an accredited checking organisation is eligible to be so registered or have its registration so renewed if —
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(a)
it is —
(i)
a partnership consisting wholly of professional engineers registered under the Architects, Professional Engineers and Quantity Surveyors Order, 2011 (S 33/2011) or which is licensed under that Order to supply professional engineering services in Brunei Darussalam; or
(ii)
a corporation licensed under the Architects, Professional
Engineers and Quantity Surveyors Order, 2011
(S 33/2011) to supply professional engineering services in Brunei Darussalam; and
(b)
it satisfies the Authority that it meets such requirements as may be prescribed for such registration or renewal.
Registration of accredited checkers or accredited checking organisations 20.
(1)
An application for registration, or to renew any registration, as —
(a)
an accredited checker; or
(b)
an accredited checking organisation, shall be made in such manner and shall be accompanied by such documents and particulars as the Authority may determine.
(2)
Upon receiving an application under subsection (1), or an application to renew such registration, the Authority shall consider the application and may —
(a)
register or renew the registration of, the applicant as an accredited checker or an accredited checking organisation, with or without conditions; or
(b)
refuse the registration or renewal.
(3)
Where the Authority has registered a person, or renewed the person’s registration, as an accredited checker or an accredited checking organisation, the Authority shall issue to that person a certificate of such accreditation.
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(4)
Any registration as an accredited checker or an accredited checking organisation shall, unless earlier cancelled under section 21, be valid for such period as may be specified therein (being not longer than one year), and upon its expiry, that registration may be renewed for such period as may be specified (being also not longer than one year).
(5)
The Authority may appoint a committee of persons to assist the
Authority in considering applications for registration, or renewal of registration, as an accredited checker or an accredited checking organisation.
Cancellation etc. of registration 21.
(1)
Subject to section 26, the Authority may by order cancel, or suspend for a period not exceeding 6 months, the registration of an accredited checker if the Authority is satisfied that the accredited checker —
(a)
has obtained his registration or renewed registration by fraud or misrepresentation;
(b)
no longer satisfies any of the requirements in section 19(1) by virtue of which he was so registered;
(c)
is convicted of an offence involving fraud or dishonesty or an offence against this Act or the building regulations;
(d)
is for any medical reason or any other reason no longer in a position to carry out the duties of an accredited checker effectively under this Act or the building regulations;
(e)
has contravened section 22(4) or (5);
(f)
has for any reason been censured or ordered to pay a financial penalty by a Disciplinary Committee under the Architects,
Professional Engineers and Quantity Surveyors Order, 2011
(S 33/2011) or has had his registration as a professional engineer under that Order revoked or suspended; or
(g)
has failed to meet such standards of performance as may be prescribed in the building regulations.
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(2)
The Authority may by order cancel, or suspend for a period not exceeding 6 months, the registration of an accredited checking organisation if the Authority is satisfied that —
(a)
it has obtained its registration or renewal of registration by fraud or misrepresentation;
(b)
it has contravened or failed to comply with section 22(4)
or (5);
(c)
it has been convicted of an offence against this Act or the building regulations;
(d)
any accredited checker who is —
(i)
a partner or an employee of the accredited checking organisation which is a partnership; or
(ii)
a director or manager or an employee of the accredited checking organisation which is a corporation, has been convicted of an offence against this Act or the building regulations;
(e)
it is no longer in a position to carry out the duties of an accredited checking organisation under this Act or the building regulations;
(f)
it no longer satisfies any of the requirements in section 19(3)
by virtue of which it was so registered; or
(g)
its performance as an accredited checking organisation, or the performance of any accredited checker who is a director, partner, member or an employee of the accredited checking organisation and acting on its behalf, fails to meet such standards of performance as may be prescribed in the building regulations.
(3)
The Authority shall not exercise his powers under subsection (1)
or (2) unless an opportunity of being heard has been given to the accredited checker or accredited checking organisation against whom the Authority intends to exercise his powers.
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(4)
The Authority may appoint —
(a)
a committee of persons; and
(b)
an advocate and solicitor, to assist the Authority in considering any representation that may be made to him under subsection (3).
(5)
The Authority may, in addition to any order made under subsection (1) or (2), order the accredited checker or accredited checking organisation that is the subject of the order to pay to the Authority such sums as the Authority thinks fit, not exceeding $10,000, in respect of costs and expenses of and incidental to any proceedings before the committee appointed under subsection (14)(a).
(6)
The costs and expenses referred to in subsection (5) shall include —
(a)
the costs and expenses of any advocate and solicitor appointed under subsection (4)(b);
(b)
such reasonable expenses as the Authority may pay to witnesses; and
(c)
such reasonable expenses as are necessary for the conduct of proceedings before the committee appointed under subsection (4)(a).
(7)
Where the Authority suspends or cancels the registration of an accredited checker or an accredited checking organisation under this section, the Authority shall —
(a)
cancel any certificate of accreditation issued to the person or organisation concerned under section 20(3); and
(b)
remove the name and particulars of that person or organisation from the register of accredited checkers, or the register of accredited checking organisations, as the case may be.
(8)
If the registration of an accredited checker or an accredited checking organisation is suspended under this section for any period, then at the end of the period of suspension, his or its name and particulars shall be
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reinstated on the respective register under section 18, and his or its certificate of accreditation shall be restored.
(9)
The person whose registration as an accredited checker or an accredited checking organisation is suspended or cancelled under this section shall, within 14 days of being notified of the suspension or cancellation of registration, surrender to the Authority the certificate of accreditation issued under section 20(3), failing which the person or organisation is guilty of an offence.
(10)
The Authority shall cancel the registration of an accredited checker who has died.
Duties and independence of accredited checkers and accredited checking organisations 22.
(1)
An accredited checker who —
(a)
is appointed in respect of any major building works; or
(b)
is acting on behalf of an accredited checking organisation, shall check the detailed structural plans and design calculations of the building works in accordance with the building regulations and shall carry out such other duties as may be prescribed by those regulations.
(2)
The accredited checker appointed under section 12(1)(e) in respect of any underground building works shall check the geotechnical aspects of those building works in accordance with the building regulations and shall carry out such other duties as may be prescribed by those regulations.
(3)
An accredited checker who contravenes subsection (1) or (2)
is guilty of an offence and liable on conviction to a fine not exceeding $100,000, imprisonment for a term not exceeding 2 years or both.
(4)
An accredited checker shall not issue a certificate under section 5(2)(d) or 6(2)(b) in respect of the plans of any building works —
(a)
if the accredited checker has any professional or financial interest in the building works shown in the plans described in his certificate; or
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(b)
in the case where the accredited checker is a director, partner, member or an employee of an accredited checking organisation and acting on behalf of the accredited checking organisation —
(i)
if the accredited checking organisation that is a corporation and any of its directors; or
(ii)
if any partner of the accredited checking organisation that is a partnership, has a professional or financial interest in the building works shown in the plans described in the certificate by the accredited checking organisation under section 5(2)(d) or 6(2)(b).
(5)
An accredited checker shall not issue a certificate under section 5(2)(d) or 6(2)(b) in respect of the geotechnical aspects of any underground building works if the accredited checker has any professional or financial interest in the underground building works shown in the plans described in his certificate.
(6)
An accredited checker shall be regarded as having a professional or financial interest in any building works if —
(a)
he is or has been responsible for the design or construction of the building or any of the building works in any capacity except building works relating to the alterations of the building which —
(i)
do not affect any key structural element; or
(ii)
affect any structural element but the effects are localised in nature and do not require any strengthening of any key structural element;
(b)
he or any of his nominee is a member, an officer or employee of a company or other body which has a professional or financial interest in the building works; or
(c)
he is a partner or is in the employment of a person who has a professional or financial interest in the building works.
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(7)
An accredited checking organisation shall be regarded as having a professional or financial interest in any building works if —
(a)
any of its directors, partners, members or employees is or has been responsible for the design or construction of the building or any of the building works in any capacity except building works relating to the alterations of the building which —
(i)
do not affect any key structural element; or
(ii)
affect any structural element but the effects are localised in nature and do not require any strengthening of any key structural element;
(b)
any nominee of the organisation is a member, an officer or employee of a company or other body which has a professional or financial interest in the building works; or
(c)
the organisation or any of its directors or partners is a partner or is in the employment of a person who has a professional or financial interest in the building works.
(8)
In this Act —
(a)
a person shall be treated as having a professional or financial interest in the building works even if he has that interest only as trustee for the benefit of some other person; and
(b)
in the case of married people, the interest of one spouse shall, if known to the other, be deemed to be also an interest of the other.
(9)
In this Act —
(a)
involvement in the building works as an accredited checker;
and
(b)
entitlement to any fee paid for his function as an accredited checker, shall not be regarded as constituting a professional or financial interest.
(10)
If a person who is —
(a)
an accredited checker;
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(b)
an accredited checking organisation that is a corporation; or
(c)
a partner of an accredited checking organisation that is a partnership, or a director of an accredited checking organisation that is a corporation, contravenes subsection (4) or (5), as the case may be, that person is guilty of an offence and liable on conviction to —
(i)
where the person is a corporation, a fine not exceeding $100,000; and
(ii)
in any other case, a fine not exceeding $50,000, imprisonment for a term not exceeding 2 years or both.