ERASURE OF NAMES PROCEDURE REGULATIONS

SUBSIDIARY LEGISLATION 321.04

ERASURE OF NAMES PROCEDURE

REGULATIONS

13th October, 2000

LEGAL NOTICE 208 of 2000.

The title of these regulations is the Erasure of Names

Procedure Regulations.

Form A

Regulation 6(3)

BOARD TAL-INĠINIERA

NOTICE OF INQUIRY

(Name of warrant holder)

You are hereby being given notice that the Board tal-Inġiniera

has, in terms of the Inġiniera 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 (date) .................. (time) at ...............................

(place) at .......................................................................................

The procedure to be followed will be that contained in the

Erasure of Names Procedure Regulations.

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,

Board tal-Inġiniera

Board tal-Inġiniera

(Date) ..........................................

Form B

Regulation 16

BOARD TAL-INĠINIERA

NOTICE TO A PERSON TO GIVE EVIDENCE AND/OR

PRODUCE DOCUMENTS IN AN INQUIRY

(Date)

To ................................

You are hereby required to attend before the Board tal-Inġiniera

in terms of the Inġiniera Act, Cap. 321, and the Erasure of Names

Procedure Regulations, on the (date) .................. (time) at

.............................. (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,

Board tal-Inġiniera.

Board tal-Inġiniera.

In these regulations, unless the context otherwise requires -

"Act" means the Inġiniera Act;

"Board" means the Board tal-Inġiniera established by article 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 article

18 of the Act;

"notice of inquiry" has the meaning given to it by regulation 6;

"partnership of engineers" means a civil partnership as described

in article 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 article 7 of the Act

except in consequence of an inquiry held in accordance with the

provisions of these regulations into any charge formulated in a

notice of inquiry and served in accordance with the provisions of

these regulations on the person against whom any such charge is

made.

(1) Where -

(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 articles 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 sub-regulation (2), the

Chairman shall direct the Secretary to notify the warrant holder of

the receipt of the complaint or information, stating the substance

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

declaration on oath furnished under sub-regulation (2), 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 sub-regulation.

(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 sub-regulation (2).

(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 an inquiry under article 7 of the Act and under these regulations.

(1) 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.

(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

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

that a 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 may, however, if it considers it expedient, order that the

proceedings be held in private.

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

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 article 734

of the 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.

(3) The Board shall decide any such challenge before

proceeding 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 article 7(3) 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.

(1) 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

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

decide 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 sub-regulation

(1) 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 sub-regulation (2),

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 article 7(1)(c) and (d) and of articles 5,

12 and 14 of the Act.

(1) The decision of the Board shall be given in writing and

read out in public and it shall be signed by the Secretary and

counter-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 form

set out in Form B contained in the Schedule.

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

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

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.