On 24/05/2013,
you requested for the version in force on 24/05/2013
incorporating all amendments published on or before 24/05/2013.
The closest version currently available is that of 01/12/2012.
17.
—(1) Subject to section 22, the Commissioner of Building Control may by order cancel, or suspend for a period not exceeding 6 months, the registration of an accredited checker or a specialist accredited checker if the Commissioner of Building Control is satisfied that the accredited checker or specialist accredited checker, as the case may be —
(a)
obtained his registration or renewed registration by fraud or misrepresentation;
(b)
no longer satisfies any of the requirements in section 15(1) by virtue of which he was so registered;
(c)
is convicted of an offence involving fraud or dishonesty or an offence under 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 or a specialist accredited checker, as the case may be, effectively under this Act or the building regulations;
(e)
has contravened or failed to comply with section 18(4) or (5);
(f)
has for any reason been censured or ordered to pay a financial penalty by a Disciplinary Committee under the Professional Engineers Act (Cap. 253) or has had his registration as a professional engineer under that Act revoked or suspended; or
(g)
has failed to meet such standards of performance as may be prescribed in the building regulations.
(2) The Commissioner of Building Control may by order cancel, or suspend for a period not exceeding 6 months, the registration of an accredited checking organisation if he is satisfied that —
(a)
it obtained its registration or renewal of registration by fraud or misrepresentation;
(b)
it has contravened or failed to comply with section 18(4) or (5);
(c)
it has been convicted of an offence under 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 under 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 prescribed requirements 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 Commissioner of Building Control shall not exercise his powers under subsection (1) or (2) unless an opportunity of being heard has been given to the accredited checker, specialist accredited checker or accredited checking organisation against whom the Commissioner of Building Control intends to exercise his powers.
(4) The Commissioner of Building Control may appoint —
(a)
a committee of persons; and
(b)
an advocate and solicitor,
to assist the Commissioner of Building Control in considering any representation that may be made to him under subsection (3).
(5) The Commissioner of Building Control may, in addition to any order made under subsection (1) or (2), order the accredited checker, specialist accredited checker or accredited checking organisation that is the subject of the order to pay to him such sums as he thinks fit, not exceeding $10,000, in respect of costs and expenses of and incidental to any proceedings before the committee appointed under subsection (4)(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 Commissioner of Building Control 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 Commissioner of Building Control suspends or cancels the registration of an accredited checker, a specialist accredited checker or an accredited checking organisation under this section, he shall —
(a)
cancel any certificate of accreditation issued to the person or organisation concerned under section 16(3); and
(b)
remove the name and particulars of that person or organisation from the register of accredited checkers, the register of specialist accredited checkers or the register of accredited checking organisations, as the case may be.
(8) If the registration of an accredited checker, a specialist 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 reinstated on the respective register under section 14, and his or its certificate of accreditation shall be restored.
(9) The person whose registration as an accredited checker, a specialist 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 Commissioner of Building Control the certificate of accreditation issued under section 16(3), failing which the person or organisation shall be guilty of an offence.
(10) The Commissioner of Building Control shall cancel the registration of an accredited checker or a specialist accredited checker who has died or whose registration has been cancelled under subsection (11).
(11) If the Commissioner of Building Control has cancelled the registration of a person as an accredited checker under subsection (1), he shall also cancel the registration of the person as a specialist accredited checker.