Regulations, 2000

L.N. 208 of 2000

ENGINEERING PROFESSION ACT

(CAP. 321)

Engineering Profession (Erasure of Names Procedure)

Regulations, 2000

IN EXERCISE of the powers conferred by section 21 of the

Engineering Profession Act, the Minister for the Environment, after

consulting the Engineering Board, has made the following regulations:-

The title of these regulations is the Engineering Board (Erasure

of Names Procedure) Regulations, 2000.

In these regulations. unless the context otherwise requires -

Form A

Regulation 6 (3)

ENGINEERING BOARD

NOTICE OF INQUIRY

(Name of warrant holder)

You are hereby being given notice that the Engineering Board has, in terms of the

Engineering Profession Act, Cap. 321, ordered the holding of an inquiry in order to

deliberate on the following charge, charges or complaint imputed to you as follows

Notice is hereby given that the first sitting of the said inquiry will be held on the

(time) at

_

(date)

(place) at,

_

The procedure to be followed will be that contained in the Engineering Profession

(Erasure of Names Procedure) Regulations, 2000.

You are warned that failure on your part to appear without giving a reasonable

explanation for your absence will not prevent the Board from proceeding with the

inquiry.

Chairman,

Secretary,

Engineering Board.

Engineering Board.

(Date)

_

FormB

Regulation 16.

ENGINEERING BOARD

NOTICE TO A PERSON TO GIVE EVIDENCE AND/OR PRODUCE

DOCUMENTS IN AN INQUIRY

(Date)

To

_

You are hereby required to attend before the Engineering Board in terms of the

Engineering Profession Act, Cap. 321, and the Engineering Profession

2000,

(Erasure

of

Names

Procedure)

Regulations,

on

the

(time) at

_

(date)

(place) at

and

so on any other day to which the hearing may be put off, to give evidence and, or to

produce the following documents

_

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _in the

proceedings of an inquiry held against

_

You are warned that failure to attend as hereby required will expose you to the

sanctions prescribed by law.

Chairman,

Secretary,

Engineering Board.

Engineering Board.

"Act" means the Engineering Profession Act;

"Board" means the Engineering Board established by

section 6 of the Act;

"Chairman" means the Chairman of the Board, or any ad

hoc member so appointed for the meeting;

"charge" means a charge or complaint specified in a notice

of inquiry;

"Code of Ethics" means the code of ethics mentioned in

section 18 of the Act;

"notice of inquiry" has the meaning given to it by regulation

6 of these regulations;

"partnership of engineers" means a civil partnership as

described in section 8 of the Act;

"Register" means the records held by the Secretary of the

Board. enlisting all warrant and special licence holders;

"Secretary" means the Secretary of the Board, as appointed

from time to time by the Minister responsible under the Act;

"warrant holder" means the person holding a warrant or a

special licence, under the Act; and a reference to a warrant holder

in these regulations shall also include a partnership of engineers.

No direction shall be given under section 7 of the Act except Procedure leading

in consequence of an inquiry held in accordance with the provisions of !O h~lding of an

these regulations into any charge formulated in a notice of inquiry and mquuy.

served in accordance with the provisions of these regulations on the

person against whom any such charge is made.

Where -

(l)

Making of

acomplainl.

(a) a complaint in writing that a warrant holder has been

convicted by any court in these Islands of any crime punishable by

imprisonment for any term exceeding one year or of any of the

crimes as are mentioned in the provisions of sections 12 and 14 of

the Act, is sent to the Board by any body or person, or information

in writing that a warrant holder has been so convicted is sent to the

Board by a person acting in a public capacity, or

(b) a complaint in writing of the conduct of a warrant holder

has been sent to the Board by any body or person, or information

in writing as to the unprofessional conduct of a warrant holder or

claiming a breach of the Code of Ethics has been sent to the Board

by a person acting in a public capacity, or

(c) a complaint in writing that a warrant holder is unfit to

continue to practice his profession on grounds of mental or physical

infirmity is sent to the Board by any body or person, or information

in writing as to the unfitness of a warrant holder to continue to

practise his profession on the grounds aforesaid is sent to the Board

by a person acting in a public capacity,

the Secretary of the Board shall submit the complaint to the Chairman

of the Board.

(2) In so far as the complaint relates to the conduct or

unfitness on grounds of infirmity, the Board shall not proceed further

unless and until such complaint has been confirmed by means of a

declaration on oath stating -

(a)

the address and description of the declarant, and

(b) if any fact declared is not within the personal knowledge

of such declarant, the source of the declarant's information and

the grounds for the declarant's belief in the truth of the fact.

(3) Subject to the provisions of the last preceding paragraph,

the Chairman shall direct the Secretary to notify the warrant holder of

the receipt ofthe complaint or information, stating the substance thereof

and sending to the warrant holder a copy, if any, of the declaration on

oath furnished under the last preceding paragraph, and to invite the

warrant holder to submit to the Board, within such date as the Chairman

shall determine, any explanation which the warrant holder may have to

offer, in such manner that any such explanation shall be in writing and

shall be lodged with the Secretary within such time as may be fixed by

the Chairman

Provided that in so far as a complaint or information relates

to the alleged conduct of a warrant holder, if it appears to the Chairman

that such complaint may be frivolous or vexatious, he shall direct the

Secretary to refer such complaint or information in any case to the Board

which shall either decide that such complaint or information is frivolous

or vexatious and need not be proceeded with any further, or it shall

decide to proceed further and direct the Secretary to notify the warrant

holder in accordance with the provisions of this paragraph.

(4) Subject to the preceding provisions of this regulation,

the Chairman shall direct the Secretary to refer for inquiry a complaint

or information to the Board, together with any explanation then

furnished by the warrant holder, and any declaration on oath furnished

under paragraph (2) of this regulation.

(5) In this regulation the expression "person acting in a

public capacity" means an officer of a government department or public

authority acting in his capacity as a public officer, or any person holding

a judicial office or officer of the court.

The Chairman shall appoint a day and time for the holding of

Chainnan to appoint

an inquiry under section 7 of the Act and under these regulations.

(I) As soon as may be after a complaint or information has

been referred to the Board under the preceding provisions, and unless

the Board is fully satisfied with the written explanation of the warrant

holder, the Secretary shall serve a notice of inquiry signed by the

Chairman on the warrant holder which shall-

(a) specify in the form of a charge or charges or complaint,

the matters into which the inquiry is to be held; and

(b)

state the day, time and place at which the inquiry is to

be held.

(2) The inquiry shall not be fixed for any day earlier than

ten days after the date of the notice of inquiry.

(3) A notice of inquiry shall be in the form set out in Form

A contained in the Schedule to these regulations.

(4) There shall be sent with any notice of inquiry a reference

to these regulations.

(5) A copy of the notice of inquiry shall also be served on

the complainant or the informer.

(1) Where before the hearing of an inquiry it appears to the Defective notice

Chairman, or at any stage of the inquiry it appears to the Board, that a of inquiry.

notice of inquiry is defective, the Chairman or the Board, as the case

may be, shall give directions for the amendment of the notice as may be

necessary, unless having regard to the merits of the case, the required

amendments would be prejudicial to the warrant holder under inquiry.

(2) Where, in the opinion of the Board, it appears to be

expedient that the inquiry should be postponed or adjourned, the

Chairman shall give such directions in that regard as appear to be

necessary.

Proceedings before the Board shall be held in public; the Board Proceedings to

may, h owever, I 'f' It consl ' d

ers ' It expe d' lent, or d er t h at th e procee d' lOgs b e be held in public.

held in private.

(1) The Chairman or any member of the Board or the Challenge or

abstention.

Secretary shall abstain, or may be challenged, from taking part in any

inquiry in any circumstances in which a judge would abstain or may be

challenged in accordance with the provisions of section 734 of the Cap. 12.

Code of Organization and Civil Procedure.

(2) Any such challenge shall be made after the reading out

by the Secretary of the charge or charges or complaint to the warrant

holder in terms of regulation 11 of these regulations.

(3) The Board shall decide any such challenge before

porceeding further in the hearing of the charge or charges or complaint.

The decision of the Board shall be final.

(1) Any party to the proceedings before the Board may be

assisted by an advocate or legal procurator. The warrant holder may

also be assisted by a member of his profession whose name appears in

the list of warrant holders as published in terms of subsection (3) of

section 7 of the Act.

(2) The Chairman shall bring the provISIOns of this

regulation to the notice of any party to the proceedings appearing before

the Board without any such assistance.

The inquiry proceedings shall commence with the Secretary

reading out the charge or the charges or the complaint. Thereupon the

Chairman shall put the question to the warrant holder whether he admits

or denies the charge or charges or complaint.

(l) If the warrant holder admits the charge or the charges

or the complaint, the Board may in its discretion dispense with the

production of witnesses and proceed to give its decision on that same

day or any other day appointed for the purpose.

(2) If the warrant holder denies the charge or charges or the

complaint, the Board shall proceed with the inquiry.

(3) If the warrant holder fails to attend without just cause,

and the Board is satisfied that a notice of inquiry was sent as required

by these regulations, the Board may proceed with the inquiry even in

the absence of the warrant holder.

The inquiry proceedings shall be as follows:-

(a) witnesses in support of the charge, charges or complaint

shall be produced and examined by the party producing them or,

in their absence, by the Board, and cross-examined by the warrant

holder under inquiry or by the person assisting him; thereafter

any member of the Board may put any questions to such witnesses

as they may deem necessary;

(b) witnesses in defence shall then be heard, provided that

should the warrant holder wish to give evidence, he may only do

so before that of any witness to be produced by him; witnesses

shall be examined by the warrant holder or by the person assisting

him and may be cross-examined by any other party to the

proceedings, and thereafter may be examined by any member of

the Board;

(c) when the hearing of evidence has been concluded, the

warrant holder shall personally or through the person by whom he

is assisted, address the Board and make his defence;

(d) the Board shall then give its decision on that day or any

other day appointed for the purpose: provided that the Board shall

not be debarred at any stage of the proceedings until the decision

is given from rehearing any witness or requesting the production

of any document.

(1) In any case where the Board is satisfied that the charge Decision of

or charges or complaint have not been proved, the Board shall decide the Board.

accordingly and it shall record its finding that such charge or charges or

complaint have not been proved, and that the warrant holder is not guilty

in respect of such charge, charges or complaint.

(2) In any other case to which the provisions of paragraph

(1) of this regulation do not apply in full, or do not apply at all, where

the Board is satisfied that the charge or charges or complaint, or part

thereof, have been proved, the Board shall decide accordingly and it

shall record its finding that such charge or charges or complaint, or part

thereof, have been proved, and that the warrant holder is guilty in respect

of such charge, charges or complaint.

(3) Where a decision is made in terms of paragraph (2) of

this regulation, the Chairman shall, within ten days, communicate to

the Minister, the findings and recommendations of the Board as relating

to the warrant holder, in terms of paragraphs (c) and (d) of subsection

(1) of section 7 and of sections 5, 12 and 14 of the Act.

(1) The decision of the Board shall be given in wntmg Matters relating

and read out in public and it shall be signed by the Secretary and counter- to the decision.

signed by the Chairman.

(2) The original document of the decision together with a

complete record of the inquiry proceedings shall be kept with the

Secretary.

(3) The Secretary shall without delay serve on the warrant

holder a copy of the decision of the Board.

(1) Notice to any person to appear before the Board to give

evidence and, or, to produce documents, shall be in the fonn set out in

Fonn B contained in the Schedule hereto.

(2) Every such notice as is referred to in these regulations shall

be signed by the Secretary and counter-signed by the Chainnan, and

shall be served in accordance with the provisions of these regulations

and as provided in the Act.

It shall be within the authority of the Board during the

proceedings to maintain good order and to regulate any discussion.

The members of the Board and the Secretary shall not divulge

anything discussed by the Board in the course of an inquiry.

Save as otherwise expressly provided, the Board shall

regulate its own procedure.