Building Control Act · s 21

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21.
Cancellation etc. of registration
(1) Subject to section 26, the Authority may by order cancel, or suspend for a period not exceeding 6 months, the registration of an accredited checker if the Authority is satisfied that the accredited checker —
(a) has obtained his registration or renewed registration by fraud or misrepresentation;
(b) no longer satisfies any of the requirements in section 19(1) by virtue of which he was so registered;
(c) is convicted of an offence involving fraud or dishonesty or an offence against this Act or the building regulations;
(d) is for any medical reason or any other reason no longer in a position to carry out the duties of an accredited checker effectively under this Act or the building regulations;
(e) has contravened section 22(4) or (5);
(f)
has for any reason been censured or ordered to pay a financial penalty by a Disciplinary Committee under the Architects,
Professional Engineers and Quantity Surveyors Order, 2011
(S 33/2011) or has had his registration as a professional engineer under that Order revoked or suspended; or
(g) has failed to meet such standards of performance as may be prescribed in the building regulations.

Building Control
(2) The Authority may by order cancel, or suspend for a period not exceeding 6 months, the registration of an accredited checking organisation if the Authority is satisfied that —
(a) it has obtained its registration or renewal of registration by fraud or misrepresentation;
(b) it has contravened or failed to comply with section 22(4)
or (5);
(c) it has been convicted of an offence against this Act or the building regulations;
(d) any accredited checker who is —
(i) a partner or an employee of the accredited checking organisation which is a partnership; or
(ii) a director or manager or an employee of the accredited checking organisation which is a corporation, has been convicted of an offence against this Act or the building regulations;
(e) it is no longer in a position to carry out the duties of an accredited checking organisation under this Act or the building regulations;
(f)
it no longer satisfies any of the requirements in section 19(3)
by virtue of which it was so registered; or
(g) its performance as an accredited checking organisation, or the performance of any accredited checker who is a director, partner, member or an employee of the accredited checking organisation and acting on its behalf, fails to meet such standards of performance as may be prescribed in the building regulations.
(3) The Authority shall not exercise his powers under subsection (1)
or (2) unless an opportunity of being heard has been given to the accredited checker or accredited checking organisation against whom the Authority intends to exercise his powers.

Building Control 48
(4) The Authority may appoint —
(a) a committee of persons; and
(b) an advocate and solicitor, to assist the Authority in considering any representation that may be made to him under subsection (3).
(5) The Authority may, in addition to any order made under subsection (1) or (2), order the accredited checker or accredited checking organisation that is the subject of the order to pay to the Authority such sums as the Authority thinks fit, not exceeding $10,000, in respect of costs and expenses of and incidental to any proceedings before the committee appointed under subsection (14)(a).
(6) The costs and expenses referred to in subsection (5) shall include —
(a) the costs and expenses of any advocate and solicitor appointed under subsection (4)(b);
(b) such reasonable expenses as the Authority may pay to witnesses; and
(c) such reasonable expenses as are necessary for the conduct of proceedings before the committee appointed under subsection (4)(a).
(7) Where the Authority suspends or cancels the registration of an accredited checker or an accredited checking organisation under this section, the Authority shall —
(a) cancel any certificate of accreditation issued to the person or organisation concerned under section 20(3); and
(b) remove the name and particulars of that person or organisation from the register of accredited checkers, or the register of accredited checking organisations, as the case may be.
(8) If the registration of an accredited checker or an accredited checking organisation is suspended under this section for any period, then at the end of the period of suspension, his or its name and particulars shall be

Building Control reinstated on the respective register under section 18, and his or its certificate of accreditation shall be restored.
(9) The person whose registration as an accredited checker or an accredited checking organisation is suspended or cancelled under this section shall, within 14 days of being notified of the suspension or cancellation of registration, surrender to the Authority the certificate of accreditation issued under section 20(3), failing which the person or organisation is guilty of an offence.
(10) The Authority shall cancel the registration of an accredited checker who has died.

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s 21Cancellation etc. of registration

(1)

Subject to section 26, the Authority may by order cancel, or suspend for a period not exceeding 6 months, the registration of an accredited checker if the Authority is satisfied that the accredited checker —

(a)

has obtained his registration or renewed registration by fraud or misrepresentation;

(b)

no longer satisfies any of the requirements in section 19(1) by virtue of which he was so registered;

(c)

is convicted of an offence involving fraud or dishonesty or an offence against this Act or the building regulations;

(d)

is for any medical reason or any other reason no longer in a position to carry out the duties of an accredited checker effectively under this Act or the building regulations;

(e)

has contravened section 22(4) or (5);

(f)

has for any reason been censured or ordered to pay a financial penalty by a Disciplinary Committee under the Architects,

Professional Engineers and Quantity Surveyors Order, 2011

(S 33/2011) or has had his registration as a professional engineer under that Order revoked or suspended; or

(g)

has failed to meet such standards of performance as may be prescribed in the building regulations.

Building Control

(2)

The Authority may by order cancel, or suspend for a period not exceeding 6 months, the registration of an accredited checking organisation if the Authority is satisfied that —

(a)

it has obtained its registration or renewal of registration by fraud or misrepresentation;

(b)

it has contravened or failed to comply with section 22(4)

or (5);

(c)

it has been convicted of an offence against this Act or the building regulations;

(d)

any accredited checker who is —

(i)

a partner or an employee of the accredited checking organisation which is a partnership; or

(ii)

a director or manager or an employee of the accredited checking organisation which is a corporation, has been convicted of an offence against this Act or the building regulations;

(e)

it is no longer in a position to carry out the duties of an accredited checking organisation under this Act or the building regulations;

(f)

it no longer satisfies any of the requirements in section 19(3)

by virtue of which it was so registered; or

(g)

its performance as an accredited checking organisation, or the performance of any accredited checker who is a director, partner, member or an employee of the accredited checking organisation and acting on its behalf, fails to meet such standards of performance as may be prescribed in the building regulations.

(3)

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

or (2) unless an opportunity of being heard has been given to the accredited checker or accredited checking organisation against whom the Authority intends to exercise his powers.

Building Control 48

(4)

The Authority may appoint —

(a)

a committee of persons; and

(b)

an advocate and solicitor, to assist the Authority in considering any representation that may be made to him under subsection (3).

(5)

The Authority may, in addition to any order made under subsection (1) or (2), order the accredited checker or accredited checking organisation that is the subject of the order to pay to the Authority such sums as the Authority thinks fit, not exceeding $10,000, in respect of costs and expenses of and incidental to any proceedings before the committee appointed under subsection (14)(a).

(6)

The costs and expenses referred to in subsection (5) shall include —

(a)

the costs and expenses of any advocate and solicitor appointed under subsection (4)(b);

(b)

such reasonable expenses as the Authority may pay to witnesses; and

(c)

such reasonable expenses as are necessary for the conduct of proceedings before the committee appointed under subsection (4)(a).

(7)

Where the Authority suspends or cancels the registration of an accredited checker or an accredited checking organisation under this section, the Authority shall —

(a)

cancel any certificate of accreditation issued to the person or organisation concerned under section 20(3); and

(b)

remove the name and particulars of that person or organisation from the register of accredited checkers, or the register of accredited checking organisations, as the case may be.

(8)

If the registration of an accredited checker or an accredited checking organisation is suspended under this section for any period, then at the end of the period of suspension, his or its name and particulars shall be

Building Control reinstated on the respective register under section 18, and his or its certificate of accreditation shall be restored.

(9)

The person whose registration as an accredited checker or an accredited checking organisation is suspended or cancelled under this section shall, within 14 days of being notified of the suspension or cancellation of registration, surrender to the Authority the certificate of accreditation issued under section 20(3), failing which the person or organisation is guilty of an offence.

(10)

The Authority shall cancel the registration of an accredited checker who has died.