Architects, Professional Engineers and Quantity Surveyors Act · 2023 Revised Edition · Part · Disciplinary Proceedings
47. Decision of Board
Official textFrom Attorney General's Chambers, unchanged
Upon receiving the findings and recommendations under section 46, the Board may confirm the recommendations and exercise one or more of the powers referred to in subsection (2).
Board
“Board” means the Board of Architects, Professional Engineers and Quantity Surveyors established under section 4(1);
Architects, Professional Engineers and Quantity Surveyors 58
The powers that the Board may exercise for the purposes of subsection (1) are as follows —
by order to direct the Registrar to remove the name of the registered architect, the registered professional engineer or the registered quantity surveyor from the register of architects, the register of professional engineers or the register of quantity surveyors;
by order to suspend the registered architect, the registered professional engineer or the registered quantity surveyor from practice for a period of not more than 2 years;
by order to impose on the registered architect, the registered professional engineer or the registered quantity surveyor a penalty not exceeding $10,000;
in writing to censure the registered architect, the registered professional engineer or the registered quantity surveyor; or
make such other order as the Board thinks fit.
In addition to its powers under subsection (2), the Board may order the registered architect, the registered professional engineer or the registered quantity surveyor concerned to pay to the Board such sum, not exceeding $10,000, as the Board thinks fit in respect of the costs and expenses of and incidental to any proceedings against him under this Part.
registered architect
“registered architect” means a person registered as an architect under section 17;
Where the Board finds that the registered architect, the registered professional engineer or the registered quantity surveyor has not been convicted or guilty of any of the matters referred to in section 46(a)
registered professional engineer
“registered professional engineer” means a person registered as a professional engineer under section 17;
to (e), it shall order that the complaint or information be dismissed.
The costs and expenses referred to in subsection (3) shall include —
the costs and expenses of any advocate and solicitor appointed by the Board for proceedings before the Disciplinary
Committee;
such reasonable expenses as the Board may pay to witnesses; and
Architects, Professional Engineers and Quantity Surveyors
such reasonable expenses as are necessary for the conduct of proceedings before the Disciplinary Committee.
The Registrar shall serve on the registered architect, the registered professional engineer or the registered quantity surveyor concerned a notice of the order made by the Board.
Registrar
“Registrar” means the Registrar of the Board appointed under section 9.
Subject to subsection (8), an order referred to in subsection (2)
shall not, take effect until the expiration of 30 days after it is made.
On making an order referred to in subsection (2)(a) or (b), the
Board, if satisfied that to remove the name of the registered architect, the registered professional engineer or the registered quantity surveyor concerned from the register of architects, the register of professional engineers or the register of quantity surveyors or to suspend him from practice, is necessary for the protection of members of the public or would be in the best interests of the registered architect, the registered professional engineer or the registered quantity surveyor, may order that the Registrar immediately remove his name from the register or suspend him from practice.
register
“register” means the register of building draughtsmen referred to in section 50C(1);
An order under subsection (8) shall take effect from the time the order is made.
While any order of suspension from practice made under subsection (2)(b) remains in force, the person to whom it applies shall not, for the purposes of this Act, be regarded as having in force a practising certificate but immediately on its expiry or annulment, his privileges under this Act shall be revived as from the date of expiry or annulment.
practising certificate
“practising certificate” means an annual certificate issued under section 25 authorising the holder thereof to engage in the practice of architecture, professional engineering or quantity surveying in Brunei Darussalam;
For the purposes of section 46(e), a registered architect, a registered professional engineer or a registered quantity surveyor is not deemed to have taken reasonable steps to prevent the doing of any act by a licensed body corporate, partnership or limited liability partnership unless he satisfies the Board that —
registered quantity surveyor
“registered quantity surveyor” means a person registered as a quantity surveyor under section 17;
the act was done without his knowledge;
he was not in a position to influence the conduct of the body corporate, partnership or limited liability partnership in relation to its action; or
Architects, Professional Engineers and Quantity Surveyors 60
he, being in such a position, exercised all due diligence to prevent the body corporate, partnership or limited liability partnership from so acting.
In this section, references to acts done by a licensed body corporate, partnership or limited liability partnership include references to omissions to act and to a series of acts or omissions to act.
Every penalty imposed under an order by a Board under subsection (2) (or ordered to be paid under subsection (3)) shall be recoverable as a debt due to the Board.
Terms defined in this Act
Board
Defined · s 2“Board” means the Board of Architects, Professional Engineers and Quantity Surveyors established under section 4(1);
practising certificate
Defined · s 2“practising certificate” means an annual certificate issued under section 25 authorising the holder thereof to engage in the practice of architecture, professional engineering or quantity surveying in Brunei Darussalam;
register
Defined · s 50A“register” means the register of building draughtsmen referred to in section 50C(1);
register of architects
Defined · s 2“register of architects” means the register of architects referred to in section 8(1)(a);
register of professional engineers
Defined · s 2“register of professional engineers” means the register of professional engineers referred to in section 8(1)(b);
register of quantity surveyors
Defined · s 2“register of quantity surveyors” means the register of quantity surveyors referred to in section 8(1)(c);
registered architect
Defined · s 2“registered architect” means a person registered as an architect under section 17;
registered professional engineer
Defined · s 2“registered professional engineer” means a person registered as a professional engineer under section 17;
registered quantity surveyor
Defined · s 2“registered quantity surveyor” means a person registered as a quantity surveyor under section 17;
Registrar
Defined · s 2“Registrar” means the Registrar of the Board appointed under section 9.
Part