Building Control Act · s 50

Suggest a correction

Tell us what is wrong in this text. We check every suggestion against the official version before we change anything.

What is wrong?Wrong or mistyped wordsWrong structure or numberingWrong title or detailsText that appears twice

What should change, and whyUp to 2,000 characters.The text as it should read (optional)

50.
Revocation of licences etc.
(1) Subject to subsection (3), the Authority may by order revoke any builder’s licence if the Authority is satisfied that —
(a) the licensed builder fails to comply with any of the relevant requirements of section 48(1), (3) or 49(4);
(b) the licensed builder has failed to comply with any condition imposed by the Authority under section 49(5);
(c) for a period exceeding 28 days —
(i) the licensed builder ceases to, or ceases to have any employee thereof referred to in section 49(1), personally supervise the execution and performance of any general building works or specialist building works in
Brunei Darussalam undertaken by the licensed builder;
or
(ii) where the licensed builder is a partnership or a corporation, it ceases to have any director, manager or employee of the corporation, or any partner or employee of the partnership, as the case may be, referred to in section 49(2) or (3) personally supervise the execution and performance of any general building works or specialist building works in Brunei Darussalam undertaken by the licensed builder;
(d) the licence had been obtained by fraud or misrepresentation;
(e) the licensed builder has ceased to carry on business as a builder in Brunei Darussalam;
(f)
the licensed builder has been declared bankrupt or has gone into compulsory or voluntary liquidation other than for the purpose of amalgamation or reconstruction;

Building Control
(g) the licensed builder has been convicted of an offence against this Act;
(h) the conduct of any director, manager or employee of the corporation, or any partner or employee of the partnership, that is a licensed builder affords grounds for believing that the corporation or partnership, as the case may be, will not carry on the business of a builder in Brunei Darussalam in accordance with any written law and with honesty and integrity;
(i)
the public interest or national security of Brunei Darussalam so requires; or
(j)
the licensed builder has refused or failed to comply with an order of the Authority made under subsection (2)(b) or (d).
(2) The Authority may, in any case in which the Authority considers that no cause of sufficient gravity for revoking any builder’s licence exists, by order —
(a) suspend the licence for such period as the Authority may impose;
(b) impose on the builder concerned a financial penalty not exceeding $20,000;
(c) censure the builder concerned; or
(d) impose such other direction or restriction as the Authority considers appropriate on the builder’s business as a builder.
(3) The Authority shall not exercise its powers under subsection (1)
or (2) unless an opportunity of being heard by a representative in writing or by counsel had been given to the licensed builder against which the
Authority intends to exercise its powers, being a period of not more than 14
days.
(4) Where the Authority has revoked a builder’s licence under this section, the Authority shall serve on the builder concerned a notice of its order made under this section.

Building Control 90
(5) Any order by the Authority revoking or suspending a licence, or imposing a financial penalty, direction or restriction shall not take effect until the expiration of 14 days after the Authority has served the order on the builder concerned.
(6) Where the builder concerned has appealed under section 51 to the
Minister against an order by the Authority under this section, the order shall not take effect unless the order is confirmed by the Minister or the appeal is for any reason dismissed by the Minister or withdrawn.
(7) Where an order of revocation becomes effective —
(a) the Authority shall cause notice of the revocation to be published in the Gazette; and
(b) the builder concerned shall, as from the date of the notice, cease to carry on business as a builder, in Brunei Darussalam except as may be approved by the Authority.
(8) Subsection (7)(b) shall not prejudice the enforcement by any person of any right or claim against the corporation, partnership or by the corporation, partnership of any right or claim against any person.
(9) In any proceedings under this section in relation to the conviction of licensed builder for a criminal offence, the Authority shall accept the builder’s conviction as final and conclusive.

Edit the text above. Up to 20,000 characters.Where you checked it (optional)A link to the official version, if you have one.

The text as we hold it

Open the official text

s 50Revocation of licences etc.

(1)

Subject to subsection (3), the Authority may by order revoke any builder’s licence if the Authority is satisfied that —

(a)

the licensed builder fails to comply with any of the relevant requirements of section 48(1), (3) or 49(4);

(b)

the licensed builder has failed to comply with any condition imposed by the Authority under section 49(5);

(c)

for a period exceeding 28 days —

(i)

the licensed builder ceases to, or ceases to have any employee thereof referred to in section 49(1), personally supervise the execution and performance of any general building works or specialist building works in

Brunei Darussalam undertaken by the licensed builder;

(ii)

where the licensed builder is a partnership or a corporation, it ceases to have any director, manager or employee of the corporation, or any partner or employee of the partnership, as the case may be, referred to in section 49(2) or (3) personally supervise the execution and performance of any general building works or specialist building works in Brunei Darussalam undertaken by the licensed builder;

(d)

the licence had been obtained by fraud or misrepresentation;

(e)

the licensed builder has ceased to carry on business as a builder in Brunei Darussalam;

(f)

the licensed builder has been declared bankrupt or has gone into compulsory or voluntary liquidation other than for the purpose of amalgamation or reconstruction;

Building Control

(g)

the licensed builder has been convicted of an offence against this Act;

(h)

the conduct of any director, manager or employee of the corporation, or any partner or employee of the partnership, that is a licensed builder affords grounds for believing that the corporation or partnership, as the case may be, will not carry on the business of a builder in Brunei Darussalam in accordance with any written law and with honesty and integrity;

(i)

the public interest or national security of Brunei Darussalam so requires; or

(j)

the licensed builder has refused or failed to comply with an order of the Authority made under subsection (2)(b) or (d).

(2)

The Authority may, in any case in which the Authority considers that no cause of sufficient gravity for revoking any builder’s licence exists, by order —

(a)

suspend the licence for such period as the Authority may impose;

(b)

impose on the builder concerned a financial penalty not exceeding $20,000;

(c)

censure the builder concerned; or

(d)

impose such other direction or restriction as the Authority considers appropriate on the builder’s business as a builder.

(3)

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

or (2) unless an opportunity of being heard by a representative in writing or by counsel had been given to the licensed builder against which the

Authority intends to exercise its powers, being a period of not more than 14

days.

(4)

Where the Authority has revoked a builder’s licence under this section, the Authority shall serve on the builder concerned a notice of its order made under this section.

Building Control 90

(5)

Any order by the Authority revoking or suspending a licence, or imposing a financial penalty, direction or restriction shall not take effect until the expiration of 14 days after the Authority has served the order on the builder concerned.

(6)

Where the builder concerned has appealed under section 51 to the

Minister against an order by the Authority under this section, the order shall not take effect unless the order is confirmed by the Minister or the appeal is for any reason dismissed by the Minister or withdrawn.

(7)

Where an order of revocation becomes effective —

(a)

the Authority shall cause notice of the revocation to be published in the Gazette; and

(b)

the builder concerned shall, as from the date of the notice, cease to carry on business as a builder, in Brunei Darussalam except as may be approved by the Authority.

(8)

Subsection (7)(b) shall not prejudice the enforcement by any person of any right or claim against the corporation, partnership or by the corporation, partnership of any right or claim against any person.

(9)

In any proceedings under this section in relation to the conviction of licensed builder for a criminal offence, the Authority shall accept the builder’s conviction as final and conclusive.