Architects, Professional Engineers and Quantity Surveyors Act · s 27

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27.
Licence for multi-discipline and corporate practice
(1) Subject to the provisions of this Act, the Board may grant to a body corporate a licence to supply architectural, professional engineering or quantity surveying services in Brunei Darussalam if —
(a) the memorandum of association of that body corporate provides that a primary object of that body corporate is to supply architectural, professional engineering or quantity surveying services;
(b) the paid-up capital of the body corporate is not less than the amount prescribed by the Minister by notification published in the
Gazette;
(c) the articles of association of the body corporate provide that at least a prescribed number or proportion of its directors shall be registered architects, registered professional engineers or registered quantity surveyors each of whom have in force a practising certificate;
(d) the business of the body corporate, so far as it relates to the supply of architectural, professional engineering or quantity surveying services, will be under the control and management of a director of the body corporate who —
(i) is a registered architect, a registered professional engineer or a registered quantity surveyor who has in force a practising certificate; and
(ii) is authorised under a resolution of the board of directors of that body corporate to make all final architectural, professional engineering or quantity surveying decisions on its behalf with respect to the requirements of this Act, the rules or any other law relating to the supply of architectural, professional engineering or quantity surveying services by it; and

Architects, Professional Engineers and Quantity Surveyors
(e) the body corporate is insured against professional liability in accordance with section 30 and the rules.
(2) Subject to the provisions of this Act, the Board may grant to a partnership not consisting wholly of registered architects a licence to supply architectural services in Brunei Darussalam if —
(a) the partnership is one in which only registered architects and allied professionals, who each has in force a practising certificate, have a beneficial interest in the capital assets and profits of the partnership;
(b) the business of the partnership, so far as it relates to the supply of architectural services in Brunei Darussalam, will be under the control and management of a partner who is a registered architect and has in force a practising certificate.
(3) Subject to the provisions of this Act, the Board may grant to a partnership not consisting wholly of registered professional engineers a licence to supply professional engineering services in Brunei Darussalam if —
(a) the partnership is one in which only registered professional engineers and allied professionals, who each has in force a practising certificate, have a beneficial interest in the capital assets and profits of the partnership;
(b) the business of the partnership, so far as it relates to the supply of professional engineering services in Brunei Darussalam, will be under the control and management of a partner who is a registered professional engineer and has in force a practising certificate.
(4) Subject to the provisions of this Act, the Board may grant to a partnership not consisting wholly of registered quantity surveyors a licence to supply quantity surveying services in Brunei Darussalam if —
(a) the partnership is one in which only registered quantity surveyors and allied professionals, who each has in force a practising certificate, have a beneficial interest in the capital assets and profits of the partnership;

Architects, Professional Engineers and Quantity Surveyors 38
(b) the business of the partnership, so far as it relates to the supply of quantity surveying services in Brunei Darussalam, will be under the control and management of a partner who is a registered quantity surveyor and has in force a practising certificate.
(5) Subject to the provisions of the Act, the Board may grant a licence to any limited liability partnership to supply architectural services in
Brunei Darussalam if —
(a) the statement lodged by the partners of the limited liability partnership with the Registrar of Limited Liability Partnerships under section 16(1) of the Limited Liability Partnerships Order, 2010
(S 117/2010) provides that a primary nature of the business of the limited liability partnership is to supply architectural services;
(b) the partners in the limited liability partnership consist only of persons who satisfy such requirements as the Board may determine;
(c) at least one of the partners of the limited liability partnership is a registered architect who has in force a practising certificate;
(d) the business of the limited liability partnership, so far as it relates to architectural services in Brunei Darussalam, will be under the control and management of a partner who —
(i) is a registered architect who has in force a practising certificate;
(ii) is authorised under a resolution of the partners of the limited liability partnership to make all final architectural decisions on behalf of the limited liability partnership with respect to the requirements of this
Act, the rules or any other law relating to the supply of architectural services by the limited liability partnership; and
(e) the limited liability partnership is insured against professional liability in accordance with section 30 and the rules.

Architects, Professional Engineers and Quantity Surveyors
(6) Subject to the provisions of the Act, the Board may grant a licence to any limited liability partnership to supply professional engineering services in Brunei Darussalam if —
(a) the statement lodged by the partners of the limited liability partnership with the Registrar of Limited Liability Partnerships under section 16(1) of the Limited Liability Partnerships Order, 2010
(S 117/2010) provides that a primary nature of the business of the limited liability partnership is to supply professional engineering services;
(b) the partners in the limited liability partnership consist only of persons who satisfy such requirements as the Board may determine;
(c) at least one of the partners of the limited liability partnership is a registered professional engineer who has in force a practising certificate;
(d) the business of the limited liability partnership, so far as it relates to professional engineering services in Brunei Darussalam, will be under the control and management of a partner who —
(i) is a registered professional engineer who has in force a practising certificate;
(ii) is authorised under a resolution of the partners of the limited liability partnership to make all final professional engineering decisions on behalf of the limited liability partnership with respect to the requirements of this Act, the rules or any other law relating to the supply of professional engineering services by the limited liability partnership; and
(e) the limited liability partnership is insured against professional liability in accordance with section 30 and the rules.
(7) Subject to the provisions of the Act, the Board may grant a licence to any limited liability partnership to supply quantity surveying in
Brunei Darussalam if —
(a) the statement lodged by the partners of the limited liability partnership with the Registrar of Limited Liability Partnerships under

Architects, Professional Engineers and Quantity Surveyors 40
section 16(1) of the Limited Liability Partnerships Order, 2010
(S 117/2010) provides that a primary nature of the business of the limited liability partnership is to supply quantity surveying services;
(b) the partners in the limited liability partnership consist only of persons who satisfy such requirements as the Board may determine;
(c) at least one of the partners of the limited liability partnership is a registered quantity surveyor who has in force a practising certificate;
(d) the business of the limited liability partnership, so far as it relates to quantity surveying services in Brunei Darussalam, will be under the control and management of a partner who —
(i) is a registered quantity surveyor who has in force a practising certificate;
(ii) is authorised under a resolution of the partners of the limited liability partnership to make all final quantity surveying decisions on behalf of the limited liability partnership with respect to the requirements of this
Act, the rules or any other law relating to the supply of quantity surveying services by the limited liability partnership; and
(e) the limited liability partnership is insured against professional liability in accordance with section 30 and the rules.
(8) The Board may refuse to grant a licence under this section to any body corporate, partnership or limited liability partnership if, in the opinion of the Board, the past conduct of any director, manager or employee of the body corporate or any partner, manager or employee of the partnership affords reasonable grounds for believing that the body corporate or partnership will not supply architectural, professional engineering or quantity surveying services in accordance with any written law and with honesty and integrity.
(9) Every licence granted under this section shall, unless earlier revoked, be valid for such period as may be specified therein.

Architects, Professional Engineers and Quantity Surveyors
(10) In subsection (1), “prescribed number or proportion of its directors” means —
(a) a majority of the directors, where no number or proportion is specified under paragraph (b); or
(b) where a number or proportion is specified by the Minister for the purposes of subsection (1) by notification published in the
Gazette, such number or proportion of directors as may for the time being be so specified.

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s 27Licence for multi-discipline and corporate practice

(1)

Subject to the provisions of this Act, the Board may grant to a body corporate a licence to supply architectural, professional engineering or quantity surveying services in Brunei Darussalam if —

(a)

the memorandum of association of that body corporate provides that a primary object of that body corporate is to supply architectural, professional engineering or quantity surveying services;

(b)

the paid-up capital of the body corporate is not less than the amount prescribed by the Minister by notification published in the

Gazette;

(c)

the articles of association of the body corporate provide that at least a prescribed number or proportion of its directors shall be registered architects, registered professional engineers or registered quantity surveyors each of whom have in force a practising certificate;

(d)

the business of the body corporate, so far as it relates to the supply of architectural, professional engineering or quantity surveying services, will be under the control and management of a director of the body corporate who —

(i)

is a registered architect, a registered professional engineer or a registered quantity surveyor who has in force a practising certificate; and

(ii)

is authorised under a resolution of the board of directors of that body corporate to make all final architectural, professional engineering or quantity surveying decisions on its behalf with respect to the requirements of this Act, the rules or any other law relating to the supply of architectural, professional engineering or quantity surveying services by it; and

Architects, Professional Engineers and Quantity Surveyors

(e)

the body corporate is insured against professional liability in accordance with section 30 and the rules.

(2)

Subject to the provisions of this Act, the Board may grant to a partnership not consisting wholly of registered architects a licence to supply architectural services in Brunei Darussalam if —

(a)

the partnership is one in which only registered architects and allied professionals, who each has in force a practising certificate, have a beneficial interest in the capital assets and profits of the partnership;

(b)

the business of the partnership, so far as it relates to the supply of architectural services in Brunei Darussalam, will be under the control and management of a partner who is a registered architect and has in force a practising certificate.

(3)

Subject to the provisions of this Act, the Board may grant to a partnership not consisting wholly of registered professional engineers a licence to supply professional engineering services in Brunei Darussalam if —

(a)

the partnership is one in which only registered professional engineers and allied professionals, who each has in force a practising certificate, have a beneficial interest in the capital assets and profits of the partnership;

(b)

the business of the partnership, so far as it relates to the supply of professional engineering services in Brunei Darussalam, will be under the control and management of a partner who is a registered professional engineer and has in force a practising certificate.

(4)

Subject to the provisions of this Act, the Board may grant to a partnership not consisting wholly of registered quantity surveyors a licence to supply quantity surveying services in Brunei Darussalam if —

(a)

the partnership is one in which only registered quantity surveyors and allied professionals, who each has in force a practising certificate, have a beneficial interest in the capital assets and profits of the partnership;

Architects, Professional Engineers and Quantity Surveyors 38

(b)

the business of the partnership, so far as it relates to the supply of quantity surveying services in Brunei Darussalam, will be under the control and management of a partner who is a registered quantity surveyor and has in force a practising certificate.

(5)

Subject to the provisions of the Act, the Board may grant a licence to any limited liability partnership to supply architectural services in

Brunei Darussalam if —

(a)

the statement lodged by the partners of the limited liability partnership with the Registrar of Limited Liability Partnerships under section 16(1) of the Limited Liability Partnerships Order, 2010

(S 117/2010) provides that a primary nature of the business of the limited liability partnership is to supply architectural services;

(b)

the partners in the limited liability partnership consist only of persons who satisfy such requirements as the Board may determine;

(c)

at least one of the partners of the limited liability partnership is a registered architect who has in force a practising certificate;

(d)

the business of the limited liability partnership, so far as it relates to architectural services in Brunei Darussalam, will be under the control and management of a partner who —

(i)

is a registered architect who has in force a practising certificate;

(ii)

is authorised under a resolution of the partners of the limited liability partnership to make all final architectural decisions on behalf of the limited liability partnership with respect to the requirements of this

Act, the rules or any other law relating to the supply of architectural services by the limited liability partnership; and

(e)

the limited liability partnership is insured against professional liability in accordance with section 30 and the rules.

Architects, Professional Engineers and Quantity Surveyors

(6)

Subject to the provisions of the Act, the Board may grant a licence to any limited liability partnership to supply professional engineering services in Brunei Darussalam if —

(a)

the statement lodged by the partners of the limited liability partnership with the Registrar of Limited Liability Partnerships under section 16(1) of the Limited Liability Partnerships Order, 2010

(S 117/2010) provides that a primary nature of the business of the limited liability partnership is to supply professional engineering services;

(b)

the partners in the limited liability partnership consist only of persons who satisfy such requirements as the Board may determine;

(c)

at least one of the partners of the limited liability partnership is a registered professional engineer who has in force a practising certificate;

(d)

the business of the limited liability partnership, so far as it relates to professional engineering services in Brunei Darussalam, will be under the control and management of a partner who —

(i)

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

(ii)

is authorised under a resolution of the partners of the limited liability partnership to make all final professional engineering decisions on behalf of the limited liability partnership with respect to the requirements of this Act, the rules or any other law relating to the supply of professional engineering services by the limited liability partnership; and

(e)

the limited liability partnership is insured against professional liability in accordance with section 30 and the rules.

(7)

Subject to the provisions of the Act, the Board may grant a licence to any limited liability partnership to supply quantity surveying in

Brunei Darussalam if —

(a)

the statement lodged by the partners of the limited liability partnership with the Registrar of Limited Liability Partnerships under

Architects, Professional Engineers and Quantity Surveyors 40

section 16(1) of the Limited Liability Partnerships Order, 2010

(S 117/2010) provides that a primary nature of the business of the limited liability partnership is to supply quantity surveying services;

(b)

the partners in the limited liability partnership consist only of persons who satisfy such requirements as the Board may determine;

(c)

at least one of the partners of the limited liability partnership is a registered quantity surveyor who has in force a practising certificate;

(d)

the business of the limited liability partnership, so far as it relates to quantity surveying services in Brunei Darussalam, will be under the control and management of a partner who —

(i)

is a registered quantity surveyor who has in force a practising certificate;

(ii)

is authorised under a resolution of the partners of the limited liability partnership to make all final quantity surveying decisions on behalf of the limited liability partnership with respect to the requirements of this

Act, the rules or any other law relating to the supply of quantity surveying services by the limited liability partnership; and

(e)

the limited liability partnership is insured against professional liability in accordance with section 30 and the rules.

(8)

The Board may refuse to grant a licence under this section to any body corporate, partnership or limited liability partnership if, in the opinion of the Board, the past conduct of any director, manager or employee of the body corporate or any partner, manager or employee of the partnership affords reasonable grounds for believing that the body corporate or partnership will not supply architectural, professional engineering or quantity surveying services in accordance with any written law and with honesty and integrity.

(9)

Every licence granted under this section shall, unless earlier revoked, be valid for such period as may be specified therein.

Architects, Professional Engineers and Quantity Surveyors

(10)

In subsection (1), “prescribed number or proportion of its directors” means —

(a)

a majority of the directors, where no number or proportion is specified under paragraph (b); or

(b)

where a number or proportion is specified by the Minister for the purposes of subsection (1) by notification published in the

Gazette, such number or proportion of directors as may for the time being be so specified.