Section 54
Section 54
(1)
Where an offence against this Act or the building regulations has been committed by a body corporate, every officer of the body corporate shall also be guilty of the offence and liable to be proceeded against and punished accordingly unless the officer proves that —
(a)
the offence was committed without the consent or connivance of the officer; and
(b)
the offence was not attributable to any neglect on his part.
(2)
Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
(3)
Where an offence against this Act or the building regulations has been committed by a partnership, each partner of the partnership shall also be guilty of the offence and liable to be proceeded against and punished accordingly unless the partner proves that —
(a)
the offence was committed without the consent or connivance of the partner; and
(b)
the offence was not attributable to any neglect on his part.
(4)
Where an offence against this Act or the building regulations has been committed by an unincorporated association (other than a partnership), every officer of the unincorporated association and every member of its governing body shall also be guilty of the offence and liable to be proceeded
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against and punished accordingly unless the officer or member, as the case may be, proves that —
(a)
the offence was committed without the consent or connivance of the officer of the unincorporated association or member of its governing body, as the case may be; and
(b)
the offence was not attributable to any neglect on the part of that officer or member.
(5)
In this section —
“officer” —
(a)
in relation to a body corporate, means any director, partner, member of the committee of management,
Chief Executive, manager, secretary or other similar officer of the body corporate and includes any person purporting to act in any such capacity; or
(b)
in relation to an unincorporated association (other than a partnership), means the president, the secretary, or any member of the committee of the unincorporated association, or any person holding a position analogous to that of president, secretary or member of a committee and includes any person purporting to act in any such capacity;
“partner” includes a person purporting to act as a partner.
(6)
The Minister may, with the approval of His Majesty the Sultan and Yang Di-Pertuan, make regulations providing for the application of any provision of this section, with such modifications as the Minister considers appropriate, to any body corporate or unincorporated association formed or recognised under the written law of a country or territory outside
Brunei Darussalam.
Protection from liability 55.
(1)
No liability shall lie against the Government or any authorised officer by reason of the fact that any building works are carried out in accordance with this Act or that such building works or plans of the building works are subject to inspection or approval by the Authority or any authorised officer.
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(2)
Nothing in this Act shall make it obligatory for the Authority to inspect any building or building works or the site of any proposed building to ascertain whether the provisions of this Act are complied with or whether any plans, certificates, notices or other documents submitted to the Authority are accurate.
(3)
No matter or thing done by the Authority or any authorised officer shall, if it were done bona fide for the purpose of carrying out this Act, subject the Authority or any authorised officer personally to any action, liability, claim or demand.
(4)
Where the Authority provides any information to any person in respect of any building or building works by electronic or other means, neither the Government, the Authority nor any authorised officer liable for any loss or damage suffered by any person by reason of any error or omission of whatever nature or howsoever caused, including any defect or breakdown in the electronic equipment used for providing the information, if such error or omission is made in good faith and in the ordinary course of duties of the Authority or any authorised officer.
Power to enter premises 56.
(1)
The Authority or any authorised officer for this purpose may enter any premises at all reasonable hours for the purpose of —
(a)
ascertaining whether there is, or has been, on or in connection with the premises, a contravention of this Act or the building regulations;
(b)
ascertaining whether circumstances exist that would authorise the Authority to take any action or execute any work under this Act or the building regulations;
(c)
taking any action or carrying out any work, authorised or required by this Act or the building regulations; or
(d)
inspecting the documents, books or records kept and maintained by a qualified person under section 13(4)(d) respectively.
(2)
For the purposes of subsection (1), the Authority or any authorised officer under subsection (1) may take such steps as the Authority or he may consider necessary, including the making of openings and the taking without payment of reasonable samples of building materials for analysis.
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(3)
The results of any analysis of a sample of building materials taken under subsection (2) shall not be admissible as evidence in any proceedings under this Act or the building regulations unless the samples were taken in the prescribed manner.
(4)
A certificate of the results of an analysis of a part of a sample taken under subsection (2) shall be signed by the analyst but the analysis may be made by a person acting under the direction of the analyst.
(5)
For the purposes of any inspection under subsection (1)(d), the qualified person or builder concerned shall afford the Authority or any authorised officer access to and shall produce the documents, books or records and shall give such information and facilities as may be required by the Authority or a person appointed under subsection (1).
(6)
Any qualified person or builder, as the case may be, who contravenes or fails to comply with subsection (5) is guilty of an offence.
(7)
The documents, books or records referred to in subsection (5)
shall not be required to be produced at such times or at such places as would interfere with the proper execution of the building works.
(8)
Any person who wilfully obstructs the Authority or any authorised officer appointed under subsection (1) in the performance of any matter or thing which the Authority or he, as the case may be, is authorised to do by this section is guilty of an offence.
Building to which public have access to be clean 57.
(1)
The owner or the occupier of any building or any part thereof to which the public have access shall —
(a)
regularly clean and keep clean and in good repair such building or part thereof; and
(b)
keep such building or part thereof free of any condition which may endanger the lives or health of his employees, members of the public and other users thereof.
(2)
Where, in the opinion of the Authority, the owner or the occupier of any such building or part thereof fails to comply with subsection (1)(a)
or (b), the Authority may, by notice in writing, require such owner or
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occupier within such period as may be specified therein to take such steps as the Authority deems fit.
(3)
Any person who contravenes subsection (1) or refuses, neglects or fails to comply within such period as may be specified in any notice issued by the Authority under subsection (2) is liable on conviction to a fine not exceeding $20,000 and is also liable to a further fine not exceeding $500 for every day during which the offence is continued after expiry of the period specified in the notice.
(4)
Where any person who has been served with a notice under subsection (2) fails to comply therewith, the Authority may in its discretion, and without prejudice to any proceedings under subsection (3) and whether before or after the commencement or conclusion of such proceedings, carry out all or any of the requirements set out in such notice and recover from such person the costs and expenses thereof.
(5)
The Authority may certify such costs and expenses incurred and the certificate of the Authority shall be conclusive proof of the sum due and shall not be subject to any appeal or review in any court.
Presumptions and defences 58.
(1)
In any proceedings instituted under this Act for the commencement or carrying out of any building works on any premises in contravention of this Act or the building regulations, the owner of the premises at the time the building works were commenced or carried out shall be presumed, until the contrary is proved, to be the person commencing or carrying out the building works.
(2)
Where anything is required under this Act to be done by the owner of a building, and there is more than one owner of such building, it shall be a defence to any prosecution for failing to do that thing —
(a)
that such thing was done by another owner of the building; or
(b)
that any notice or order in respect of such thing required under this Act to be served on the owner was served on another owner of the building and not on the person charged.
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Occupier may execute work in default of owner 59.
(1)
Whenever default is made by an owner of any premises in the execution of any work required under this Act to be executed by him, an occupier of the premises may, with the approval of the Authority, cause the work to be executed.
(2)
The costs and expenses thereof shall be recoverable by the occupier from the owner or the amount may be deducted out of the rent from time to time becoming due from him to the owner.
(3)
The occupier may, in the absence of any special agreement to the contrary, retain possession of the premises until the costs and expenses incurred by him have been fully reimbursed.
Proceedings if occupier opposes execution of works 60.
(1)
Where —
(a)
the owner of any premises is required under this Act or the building regulations to carry out any work or make any provision in respect of the premises;
(b)
the owner has given written notice to the occupier of the premises of his intention to carry out the work or make such provision;
and
(c)
the occupier prevents the owner from carrying out the work or making such provision in respect of the premises, a Court of a Magistrate, upon proof thereof and upon application by the owner, may make an order in writing requiring the occupier to permit the owner to execute all such work or to make such provision with respect to the premises as may be required by this Act or the building regulations and may also, if the Court thinks fit, order the occupier to pay to the owner the costs relating to the application or order.
(2)
If, after the expiration of 8 days from the date of the order, the occupier continues to refuse to permit the owner to execute such work or make such provision as may be required by this Act or the building regulations, the occupier is guilty of an offence and liable on conviction to a fine not exceeding $2,000 for every day during which he so continues to refuse.
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(3)
Every such owner shall, during the continuance of such refusal, be discharged from any penalties to which he might otherwise have become liable by reason of his default in executing the work or making provision in respect of the premises or building.
Recovery of costs and expenses payable by owners 61.
(1)
All expenses incurred by the Authority in or about the execution of any work pursuant to any provision of this Act shall be recoverable from the person who is the owner of the premises on the date on which the works are completed.
(2)
As from the date of the completion of the work, the expenses due thereon shall be, until recovered, a first charge on the premises and on all estates, exercisable against the premises and the estates and all movable property or crops for the time being found thereon, notwithstanding any change in the ownership or occupation of the premises subsequent to that date.
(3)
The Authority may certify the expenses due and the names of the persons liable therefor and may by such certificate apportion the expenses among those persons.
(4)
A copy of the certificate shall be served upon each of those persons referred to in subsection (3), but where no such persons may be found, the certificate is deemed to have been duly served if a copy thereof is posted at the office of the Authority and another copy thereof is affixed to some conspicuous part of the premises in respect of which the expenses have been incurred.
(5)
A certificate certified by the Authority under subsection (3) and setting forth the amount claimed as due to the Authority and the persons as liable for the payment thereof shall be prima facie evidence of the facts certified therein and of the signature of the Authority thereto.
(6)
If any sum or any part thereof due to the Authority under this Act remains unpaid at the expiration of one month commencing from the date of service of the certificate under subsection (4), or such further period as the
Authority may allow, it is deemed to be arrears.
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Recovery of costs and expenses by instalments 62.
(1)
Where the Authority has incurred expenses in or about the execution of any work which are recoverable from any person, the Authority may either recover such expenses in the manner provided in section 61 or, if the Authority thinks fit, may obtain an undertaking from the person for the payment of such instalments as will be sufficient to defray the whole amount of such expenses within a period of 10 years.
(2)
Upon default in payment of any instalment upon the date appointed for payment thereof by any such undertaking, the whole of the balance then outstanding of such amount shall immediately become due and payable and, notwithstanding any change in the ownership or occupation of the premises since the date of the undertaking, may be recovered by the same means and in the like manner as provided in section 61.
Liability of transferor of property in respect of expenses incurred by
Authority 63.
(1)
Where a person sells or transfers any premises in respect of which expenses have been incurred by the Authority in or about the execution of any work required to be done under this Act which are recoverable from the owner thereof, the person shall continue to be liable for the payment of all such expenses payable in respect of the premises and for the performance of all other obligations imposed by this Act upon the owner of those premises which became payable or were required to be performed prior to the transfer.
(2)
Nothing in subsection (1) shall affect the liability of the purchaser or transferee to pay such expenses in respect of the premises or affect the right of the Authority to recover such expenses or to enforce any obligation under this Act.
Property and materials seized or removed by Authority 64.
(1)
Any property or materials seized or removed by the Authority, in the exercise of its powers under this Act, may be forfeited to the Government and sold or otherwise disposed of by the Authority unless a claim is made by the person to whom the property or materials belong within 2 weeks of the seizure or removal in which case the property or materials may be returned to the person on such conditions as the Authority may impose.
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(2)
Where the Authority sells any property or materials under subsection (1), the Authority shall pay on demand the proceeds of the sale to the owner to whom the property or materials belonged after deducting the amount of any expenses recoverable by the Authority from him.
(3)
Any proceeds of the sale of property or materials under this section not claimed within 2 years of the sale shall be paid into the
Consolidated Fund.
Service of documents 65.
(1)
Any notice, order or document required or authorised to be served under this Act is 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 of the person on whom the notice is to be served;
(b)
by leaving it at the usual or last known place of residence or business of the person on whom the notice is to be served in a cover addressed to that person or by posting it upon a conspicuous part of those premises;
(c)
by sending it by registered post addressed to the person on whom the notice is to be served at his usual or last known place of residence or business; or
(d)
in the case of an incorporated company, a partnership or a body of persons —
(i)
by delivering it to the secretary or other like officer of the company, partnership or body of persons at its registered office or principal place of business; or
(ii)
by sending it by registered post addressed to the company, partnership or body of persons at its registered office or principal place of business.
(2)
Any notice, order or document required or authorised to be served under this Act on the owner or occupier of any premises or building is also deemed to be sufficiently served by delivering a copy thereof personally to some adult person on the premises or building or, if there is no such person to
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whom it can with reasonable diligence be delivered, by affixing the notice, order or document to some conspicuous part of the premises or building.
(3)
Any notice, order or document required or authorised by this Act to be served on the owner or the occupier of any premises is deemed to be properly addressed if addressed by the description of the “owner” or
“occupier” of the premises without further details.
(4)
Any notice, order or document to be issued by the Authority under this Act or the building regulations may be issued in such form as the
Authority may determine and every such notice, order or document shall be valid if the signature of the Authority or any officer authorised under this Act is duly printed or written thereon.
(5)
Any notice, order or document sent by registered post to any person in accordance with subsection (1) is deemed to be duly served on the person at the time when the notice, order or document, as the case may be, would in the ordinary course of post be delivered and, in proving service of the notice, order or document, it shall be sufficient to prove that the envelope containing the same was properly addressed, stamped and posted by registered post.
Furnishing of information 66.
(1)
The Authority may by notice require any person who appears to the Authority to be acquainted with the circumstances of any case which is under investigation to furnish the Authority within such time as may be specified in the notice with information relating to that case in the possession of that person.
(2)
Any person who fails to comply with any notice under subsection (1) or who furnishes any information which he knows or has reason to believe is false is guilty of an offence.
Powers of arrest 67.
(1)
A police officer may arrest without warrant any person who has committed, or whom he reasonably suspects to have committed, an offence against this Act or the building regulations —
(a)
if the person declines to give his name and address; or
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(b)
if there is reason to doubt the accuracy of the name and address, if given.
(2)
A person arrested under this section, unless his name and address are correctly ascertained, shall within 24 hours of the arrest be brought before a Magistrate or be released upon signing a bond with or without surety to appear before a Magistrate.
(3)
The person brought before a Magistrate under subsection (2)
may —
(a)
be ordered to be detained in custody until he can be tried; or
(b)
if required by the Magistrate, be released upon signing a bond, with or without surety, to appear before a Court of a Magistrate.
Evidence 68.
(1)
Subject to this section, the contents of any document prepared, issued or served under, by virtue of or for the purposes of this Act or the building regulations shall until the contrary is proved be presumed to be correct.
(2)
The production of any document purporting to contain any apportionment made under section 61(3) shall, without any other evidence, be received as prima facie proof of the making and validity of the apportionment mentioned therein.
(3)
In any proceedings under this Act or the building regulations, a certificate of analysis under section 56(4) purporting to be signed by an analyst shall, on its production by the prosecution without proof of the signature of the analyst, be sufficient evidence of the facts stated therein unless the defendant requires the analyst to be called as a witness, in which case he shall give notice thereof to the prosecution not less than 3 clear days before the day fixed for the hearing of the summons.
(4)
All records and other documents required by this Act or the building regulations to be kept by the Authority are deemed to be public documents, and copies thereof or extracts therefrom certified by the officer responsible for the custody thereof to be true copies or extracts, as the case may be, subscribed by that officer with his name and his official title shall be admissible in evidence as proof of the contents of the documents or extracts.
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(5)
Where any information in respect of any building or building works is provided by the Authority by electronic means, the production of any document under the hand of any authorised officer responsible for providing such information purporting to be a hard-copy transcript of all or any such information shall, in all courts and in all proceedings, be sufficient evidence of the information provided electronically and all courts shall in all proceedings take judicial notice of the signature of the public officer.
Jurisdiction of courts 69.
Notwithstanding the provisions of the Criminal Procedure Code
(Chapter 7), a Court of a Magistrate shall have power to impose the maximum penalties provided for an offence against this Act.
General penalty 70.
Any person who is guilty of an offence against this Act for which no penalty is expressly provided is liable on conviction to a fine not exceeding $10,000, imprisonment for a term not exceeding 6 months or both.
Composition of offences 71.
(1)
The Authority may, in its discretion, compound any offence against this Act or any regulations made thereunder which is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding —
(a)
one half of the amount of the maximum fine that is prescribed for the offence; or
(b)
$5,000, whichever is the lower.
(2)
On payment of such sum of money, no further proceedings shall be taken against that person in respect of the offence.
(3)
The Minister may make regulations to prescribe the offences which may be compounded.
(4)
All sums collected under this section shall be paid to the
Consolidated Fund.
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Adoption of codes and standards 72.
(1)
Any building regulations may adopt wholly or partially or as amended by the regulations or by reference any code, standard, rule, specification or provision which relates to any matter with which the building regulations deal and which is —
(a)
recommended, issued or adopted by the Authority;
(b)
recommended, issued or adopted by —
(i)
the British Standards Institution; or
(ii)
any other standards organisation or body of any place outside Brunei Darussalam being an organisation or body approved by the Authority; or
(c)
included in any document issued by any Government department or issued by any public authority constituted by any written law.
(2)
The Authority shall cause a copy of every code, standard, rule, specification or provision adopted under subsection (1) (other than a code, standard, rule, specification or provision recommended, issued or adopted by the Authority) to be made available for inspection by members of the public without charge at the office of the Authority during normal office hours.
(3)
In any proceedings under the building regulations, a copy certified by the Authority as a true copy of a code, standard, rule, specification or provision adopted under subsection (1) (other than a code, standard, rule, specification or provision recommended, issued or adopted by the Authority)
shall be evidence of the code, standard, rule, specification or provision so adopted.
Application of Act to Government 73.
(1)
Except as provided in subsection (2), this Act shall bind the
Government and shall apply to —
(a)
any premises wholly or partly owned or occupied by the
Government; and
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(b)
any premises in which any building operation or any work of engineering construction is carried on by or on behalf of the
Government.
(2)
Nothing in this Act shall render the Government liable to prosecution for an offence.
(3)
For the avoidance of doubt, no person shall be immune from prosecution for any offence against this Act by reason that the person is engaged to provide services to the Government.
Regulations 74.
(1)
The Minister may, with the approval of His Majesty the Sultan and Yang Di-Pertuan, make such regulations as he considers necessary or expedient for giving effect to or carrying out the purposes and provisions of this Act, including the prescription of fees and of any other thing required to be or which may be prescribed under this Act, and for the due administration thereof, and such regulations may include such incidental, consequential and supplementary provisions as he considers necessary or expedient.
(2)
Notwithstanding subsection (1), the Minister may make regulations for or in respect of all or any of the following matters —
(a)
the regulation or prohibition of the exhibition of advertising signs, skysigns, aerial signs and projected advertisement in or on any premises and the regulation of the size and construction of those signs and advertisements;
(b)
the submission of plans of building works, the authorisation of persons qualified to submit the same and their duties and responsibilities, and the nature or classification of plans which each person may submit;
(c)
the manner of making applications for and granting of approval of plans of building works and permits to carry out building works;
(d)
the establishing of objectives and performance requirements for the design and construction of buildings;
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(e)
the structural strength and stability of buildings or proposed buildings, including —
(i)
precautions against overloading;
(ii)
measures to safeguard adjacent buildings;
(iii)
underpinning;
(f)
the design and construction of buildings, including —
(i)
the preparation of sites for building works;
(ii)
exterior features;
(iii)
the natural lighting and ventilation of buildings;
(iv)
the headroom of rooms, cubicles and staircases and other spaces within buildings;
(v)
the suitability and use of materials and components;
(vi)
environmental sustainability measures that improve the total quality of life and minimises adverse effects to the environment, both now and in the future;
(g)
the demolition of buildings and the safety precautions to be taken in respect thereof;
(h)
the reporting of dangerous occurrences (as defined in section 37(5)) in premises at which building works are carried out;
(i)
prohibiting or regulating the occupation of buildings;
(j)
the control and regulation of measures for energy conservation in buildings;
(k)
the provision of embankments and retaining walls;
(l)
measures to improve efficiency and standardisation in the construction industry relating to design, processes, construction techniques, products and materials;
(m)
the regulation of persons authorised to carry out installation or retrofitting of any exterior feature, including prescribing the qualifications and training of such persons, and their duties and
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responsibilities in connection with installing or retrofitting the exterior feature;
(n)
measures for the construction, installation and inspection of lifts and escalators;
(o)
the control, regulation and supervision by registration, licensing, inspection or otherwise of places to which the public has access;
(p)
the prescribing of documents, books or records to be kept and reports or certificates to be made under this Act;
(q)
the time and manner of making, and the information and documents to be furnished in respect of, an application for a temporary occupation permit and a occupation permit;
(r)
the manner in which the duties and responsibilities of accredited checkers are to be discharged;
(s)
the manner in which appeals may be made to and determined by the Minister under this Act and the information to be supplied by the Authority in connection therewith;
(t)
the granting of permits for the erection, demolition and occupation and the control of buildings required for a limited time or constructed of short-lived materials;
(u)
the procedure for the sampling of building materials under section 56; and
(v)
the prescription of forms necessary for the administration of this Act.
(3)
Regulations made under this section may provide that —
(a)
any particular objective and performance requirement for the design and construction of any building is deemed to be complied with if the building is constructed with such specifications, materials, designs or methods of construction as may be specified by the
Authority; and
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(b)
the Authority may issue in such form as it thinks fit, and may amend, one or more Approved Documents setting out the specifications, materials, designs or methods of construction which shall, notwithstanding any alternative means of achieving compliance, be deemed to comply with the relevant objective and performance requirement for the design and construction of buildings prescribed in those regulations.
(4)
The Minister may, in making any building regulations under this section, provide that any contravention of or failure to comply with any provision thereof is an offence and may prescribe punishment by a fine not exceeding $10,000, imprisonment for a term not exceeding one year or both.
Transitional provisions 75.
(1)
Any licence, permission, approval or other document relating to building control prepared, made or granted by the Division on Building
Control and Construction Industry of Ministry of Development, Planning
Authority, Municipal Board and valid immediately prior to the commencement of this Act is deemed to have been prepared, made or granted under the corresponding provisions of this Act.
(2)
A valid and subsisting occupation permit or a valid and subsisting temporary occupation permit shall have the same force and effect as an occupation permit or temporary occupation permit, respectively, granted under this Act.
(3)
The powers conferred on the Authority by this Act may be exercised in respect of —
(a)
any building erected without the approval of the relevant authority before the commencement of this Act; and
(b)
any temporary building in respect of which no temporary permit, permission or other similar document relating to building control issued by the relevant authority, and such building is deemed unauthorised for the purposes of this Act.
(4)
Where any written law or document refers expressly or by implication to a temporary occupation permit or occupation permit, the reference shall (except where the context otherwise requires) be construed as
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a reference to a temporary occupation permit or a occupation permit, respectively.
(5)
Notwithstanding the provisions of this Part, any person who, immediately before the commencement of Part 7, is carrying on the business of a builder in Brunei Darussalam shall be entitled to continue doing so for a period of 6 months from that date, and if before the expiry of that period a licence is applied for under Part 7, that person shall be entitled to continue carrying on the business of a builder until —
(a)
the date on which a builder’s licence under this Part is issued;
or
(b)
the application for a licence under Part 7 is refused or withdrawn.