Building Control Act · s 22

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22.
Duties and independence of accredited checkers and accredited checking organisations
(1) An accredited checker who —
(a) is appointed in respect of any major building works; or
(b) is acting on behalf of an accredited checking organisation, shall check the detailed structural plans and design calculations of the building works in accordance with the building regulations and shall carry out such other duties as may be prescribed by those regulations.
(2) The accredited checker appointed under section 12(1)(e) in respect of any underground building works shall check the geotechnical aspects of those building works in accordance with the building regulations and shall carry out such other duties as may be prescribed by those regulations.
(3) An accredited checker who contravenes subsection (1) or (2)
is guilty of an offence and liable on conviction to a fine not exceeding $100,000, imprisonment for a term not exceeding 2 years or both.
(4) An accredited checker shall not issue a certificate under section 5(2)(d) or 6(2)(b) in respect of the plans of any building works —
(a) if the accredited checker has any professional or financial interest in the building works shown in the plans described in his certificate; or

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(b) in the case where the accredited checker is a director, partner, member or an employee of an accredited checking organisation and acting on behalf of the accredited checking organisation —
(i) if the accredited checking organisation that is a corporation and any of its directors; or
(ii) if any partner of the accredited checking organisation that is a partnership, has a professional or financial interest in the building works shown in the plans described in the certificate by the accredited checking organisation under section 5(2)(d) or 6(2)(b).
(5) An accredited checker shall not issue a certificate under section 5(2)(d) or 6(2)(b) in respect of the geotechnical aspects of any underground building works if the accredited checker has any professional or financial interest in the underground building works shown in the plans described in his certificate.
(6) An accredited checker shall be regarded as having a professional or financial interest in any building works if —
(a) he is or has been responsible for the design or construction of the building or any of the building works in any capacity except building works relating to the alterations of the building which —
(i) do not affect any key structural element; or
(ii) affect any structural element but the effects are localised in nature and do not require any strengthening of any key structural element;
(b) he or any of his nominee is a member, an officer or employee of a company or other body which has a professional or financial interest in the building works; or
(c) he is a partner or is in the employment of a person who has a professional or financial interest in the building works.

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(7) An accredited checking organisation shall be regarded as having a professional or financial interest in any building works if —
(a) any of its directors, partners, members or employees is or has been responsible for the design or construction of the building or any of the building works in any capacity except building works relating to the alterations of the building which —
(i) do not affect any key structural element; or
(ii) affect any structural element but the effects are localised in nature and do not require any strengthening of any key structural element;
(b) any nominee of the organisation is a member, an officer or employee of a company or other body which has a professional or financial interest in the building works; or
(c) the organisation or any of its directors or partners is a partner or is in the employment of a person who has a professional or financial interest in the building works.
(8) In this Act —
(a) a person shall be treated as having a professional or financial interest in the building works even if he has that interest only as trustee for the benefit of some other person; and
(b) in the case of married people, the interest of one spouse shall, if known to the other, be deemed to be also an interest of the other.
(9) In this Act —
(a) involvement in the building works as an accredited checker;
and
(b) entitlement to any fee paid for his function as an accredited checker, shall not be regarded as constituting a professional or financial interest.
(10) If a person who is —
(a) an accredited checker;

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(b) an accredited checking organisation that is a corporation; or
(c) a partner of an accredited checking organisation that is a partnership, or a director of an accredited checking organisation that is a corporation, contravenes subsection (4) or (5), as the case may be, that person is guilty of an offence and liable on conviction to —
(i) where the person is a corporation, a fine not exceeding $100,000; and
(ii) in any other case, a fine not exceeding $50,000, imprisonment for a term not exceeding 2 years or both.

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s 22Duties and independence of accredited checkers and accredited checking organisations

(1)

An accredited checker who —

(a)

is appointed in respect of any major building works; or

(b)

is acting on behalf of an accredited checking organisation, shall check the detailed structural plans and design calculations of the building works in accordance with the building regulations and shall carry out such other duties as may be prescribed by those regulations.

(2)

The accredited checker appointed under section 12(1)(e) in respect of any underground building works shall check the geotechnical aspects of those building works in accordance with the building regulations and shall carry out such other duties as may be prescribed by those regulations.

(3)

An accredited checker who contravenes subsection (1) or (2)

is guilty of an offence and liable on conviction to a fine not exceeding $100,000, imprisonment for a term not exceeding 2 years or both.

(4)

An accredited checker shall not issue a certificate under section 5(2)(d) or 6(2)(b) in respect of the plans of any building works —

(a)

if the accredited checker has any professional or financial interest in the building works shown in the plans described in his certificate; or

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(b)

in the case where the accredited checker is a director, partner, member or an employee of an accredited checking organisation and acting on behalf of the accredited checking organisation —

(i)

if the accredited checking organisation that is a corporation and any of its directors; or

(ii)

if any partner of the accredited checking organisation that is a partnership, has a professional or financial interest in the building works shown in the plans described in the certificate by the accredited checking organisation under section 5(2)(d) or 6(2)(b).

(5)

An accredited checker shall not issue a certificate under section 5(2)(d) or 6(2)(b) in respect of the geotechnical aspects of any underground building works if the accredited checker has any professional or financial interest in the underground building works shown in the plans described in his certificate.

(6)

An accredited checker shall be regarded as having a professional or financial interest in any building works if —

(a)

he is or has been responsible for the design or construction of the building or any of the building works in any capacity except building works relating to the alterations of the building which —

(i)

do not affect any key structural element; or

(ii)

affect any structural element but the effects are localised in nature and do not require any strengthening of any key structural element;

(b)

he or any of his nominee is a member, an officer or employee of a company or other body which has a professional or financial interest in the building works; or

(c)

he is a partner or is in the employment of a person who has a professional or financial interest in the building works.

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(7)

An accredited checking organisation shall be regarded as having a professional or financial interest in any building works if —

(a)

any of its directors, partners, members or employees is or has been responsible for the design or construction of the building or any of the building works in any capacity except building works relating to the alterations of the building which —

(i)

do not affect any key structural element; or

(ii)

affect any structural element but the effects are localised in nature and do not require any strengthening of any key structural element;

(b)

any nominee of the organisation is a member, an officer or employee of a company or other body which has a professional or financial interest in the building works; or

(c)

the organisation or any of its directors or partners is a partner or is in the employment of a person who has a professional or financial interest in the building works.

(8)

In this Act —

(a)

a person shall be treated as having a professional or financial interest in the building works even if he has that interest only as trustee for the benefit of some other person; and

(b)

in the case of married people, the interest of one spouse shall, if known to the other, be deemed to be also an interest of the other.

(9)

In this Act —

(a)

involvement in the building works as an accredited checker;

and

(b)

entitlement to any fee paid for his function as an accredited checker, shall not be regarded as constituting a professional or financial interest.

(10)

If a person who is —

(a)

an accredited checker;

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(b)

an accredited checking organisation that is a corporation; or

(c)

a partner of an accredited checking organisation that is a partnership, or a director of an accredited checking organisation that is a corporation, contravenes subsection (4) or (5), as the case may be, that person is guilty of an offence and liable on conviction to —

(i)

where the person is a corporation, a fine not exceeding $100,000; and

(ii)

in any other case, a fine not exceeding $50,000, imprisonment for a term not exceeding 2 years or both.