Architects, Professional Engineers and Quantity Surveyors Act · s 33

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33.
Revocation of licence
(1) Subject to subsection (3), the Board may by order revoke any licence it has granted to a body corporate, partnership or limited liability partnership if, in the opinion of the Board —
(a) the body corporate, partnership or limited liability partnership has failed to comply with any condition imposed by the
Board under section 28;
(b) the memorandum or articles of association of the body corporate have been so altered that they no longer include the restrictions, limitations or prohibitions of the kind specified in section 27(1);
(c) a person who is not —
(i) a registered architect who has in force a practising certificate;
(ii) a registered professional engineer who has in force a practising certificate; or

Architects, Professional Engineers and Quantity Surveyors 44
(iii) a registered quantity surveyor who has in force a practicing certificate, has a beneficial interest in the capital assets and profits of the partnership;
(d) limited liability partnership no longer satisfies the requirements of section 27(5), (6) and (7);
(e) the licence had been obtained by fraud or misrepresentation;
(f) the body corporate, partnership or limited liability partnership has ceased to supply architectural, professional engineering or quantity surveying services in Brunei Darussalam;
(g) the body corporate, partnership or limited liability partnership has contravened any provision of the prescribed code of professional conduct and ethics;
(h) the body corporate, partnership or limited liability partnership has contravened section 29 or 30 or has been convicted of an offence under this Act;
(i) the conduct of any director, manager or employee of the body corporate, or any partner or employee of the partnership or limited liability partnership affords grounds for believing that the body corporate, partnership or limited liability partnership will not supply architectural, professional engineering or quantity surveying services in Brunei Darussalam in accordance with any written law and with honesty and integrity; or
(j) the body corporate, partnership or limited liability partnership has refused or failed to comply with an order of the
Board made under subsection (2).
(2) The Board may, in any case in which it considers that no cause of sufficient gravity for revoking a licence exists, by order impose on the body corporate, partnership or limited liability partnership concerned a penalty not exceeding $20,000, and every such penalty shall be recoverable as a debt due to the Board.
(3) The Board shall not exercise its powers under subsection (1)
or (2) unless an opportunity of being heard by a representative in writing or

Architects, Professional Engineers and Quantity Surveyors by counsel had been given to the body corporate, partnership or limited liability partnership against which the Board intends to exercise its powers.
(4) Where the Board has revoked a licence under this section, the
Registrar shall serve on the body corporate, partnership or limited liability partnership concerned a notice of the order made by the Board.
(5) Any order by the Board revoking a licence or imposing a penalty shall not take effect until the expiration of 30 days after the Board has served that order on the body corporate, partnership or limited liability partnership.
(6) Where an order of revocation becomes effective —
(a) the Registrar shall cause notice of the revocation to be published in the Gazette and remove from the register of licensees the name and other particulars of the body corporate, partnership or limited liability partnership concerned; and
(b) the body corporate, partnership or limited liability partnership concerned shall, as from the date of the notice, cease to supply architectural, professional engineering or quantity surveying services in Brunei Darussalam except as may be approved by the
Board for the purpose of winding up its business.
(7) Subsection (6)(b) does not prejudice the enforcement by any person of any right or claim against the body corporate, partnership or limited liability partnership by the body corporate, partnership or limited liability partnership of any right or claim against any person.

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s 33Revocation of licence

(1)

Subject to subsection (3), the Board may by order revoke any licence it has granted to a body corporate, partnership or limited liability partnership if, in the opinion of the Board —

(a)

the body corporate, partnership or limited liability partnership has failed to comply with any condition imposed by the

Board under section 28;

(b)

the memorandum or articles of association of the body corporate have been so altered that they no longer include the restrictions, limitations or prohibitions of the kind specified in section 27(1);

(c)

a person who is not —

(i)

a registered architect who has in force a practising certificate;

(ii)

a registered professional engineer who has in force a practising certificate; or

Architects, Professional Engineers and Quantity Surveyors 44

(iii)

a registered quantity surveyor who has in force a practicing certificate, has a beneficial interest in the capital assets and profits of the partnership;

(d)

limited liability partnership no longer satisfies the requirements of section 27(5), (6) and (7);

(e)

the licence had been obtained by fraud or misrepresentation;

(f)

the body corporate, partnership or limited liability partnership has ceased to supply architectural, professional engineering or quantity surveying services in Brunei Darussalam;

(g)

the body corporate, partnership or limited liability partnership has contravened any provision of the prescribed code of professional conduct and ethics;

(h)

the body corporate, partnership or limited liability partnership has contravened section 29 or 30 or has been convicted of an offence under this Act;

(i)

the conduct of any director, manager or employee of the body corporate, or any partner or employee of the partnership or limited liability partnership affords grounds for believing that the body corporate, partnership or limited liability partnership will not supply architectural, professional engineering or quantity surveying services in Brunei Darussalam in accordance with any written law and with honesty and integrity; or

(j)

the body corporate, partnership or limited liability partnership has refused or failed to comply with an order of the

Board made under subsection (2).

(2)

The Board may, in any case in which it considers that no cause of sufficient gravity for revoking a licence exists, by order impose on the body corporate, partnership or limited liability partnership concerned a penalty not exceeding $20,000, and every such penalty shall be recoverable as a debt due to the Board.

(3)

The Board shall not exercise its powers under subsection (1)

or (2) unless an opportunity of being heard by a representative in writing or

(4)

Where the Board has revoked a licence under this section, the

Registrar shall serve on the body corporate, partnership or limited liability partnership concerned a notice of the order made by the Board.

(5)

Any order by the Board revoking a licence or imposing a penalty shall not take effect until the expiration of 30 days after the Board has served that order on the body corporate, partnership or limited liability partnership.

(6)

Where an order of revocation becomes effective —

(a)

the Registrar shall cause notice of the revocation to be published in the Gazette and remove from the register of licensees the name and other particulars of the body corporate, partnership or limited liability partnership concerned; and

(b)

the body corporate, partnership or limited liability partnership concerned shall, as from the date of the notice, cease to supply architectural, professional engineering or quantity surveying services in Brunei Darussalam except as may be approved by the

Board for the purpose of winding up its business.

(7)

Subsection (6)(b) does not prejudice the enforcement by any person of any right or claim against the body corporate, partnership or limited liability partnership by the body corporate, partnership or limited liability partnership of any right or claim against any person.