Building Control Act · 2023 Revised Edition · Part · Control of Building Works
21. Cancellation etc. of registration
Official textFrom Attorney General's Chambers, unchanged
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 —
Authority
“Authority”, in relation to this Act or any Part or provision of this Act or regulations made thereunder, means any Authority appointed under section 3(1) to be responsible for the administration of this Act or that Part or provision or regulations made thereunder, as the case may be;
has obtained his registration or renewed registration by fraud or misrepresentation;
no longer satisfies any of the requirements in section 19(1) by virtue of which he was so registered;
is convicted of an offence involving fraud or dishonesty or an offence against this Act or the building regulations;
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;
has contravened section 22(4) or (5);
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
has failed to meet such standards of performance as may be prescribed in the building regulations.
Building Control
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 —
accredited checking organisation
“accredited checking organisation” means an accredited checking organisation registered as such under section 20;
it has obtained its registration or renewal of registration by fraud or misrepresentation;
it has contravened or failed to comply with section 22(4)
or (5);
it has been convicted of an offence against this Act or the building regulations;
any accredited checker who is —
a partner or an employee of the accredited checking organisation which is a partnership; or
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;
it is no longer in a position to carry out the duties of an accredited checking organisation under this Act or the building regulations;
it no longer satisfies any of the requirements in section 19(3)
by virtue of which it was so registered; or
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.
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.
accredited checker
“accredited checker” means a person who is registered as an accredited checker under section 20, whether acting on his own behalf or on behalf of an accredited checking organisation;
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building
“building” means any permanent or temporary building or structure and includes — (a) a hut, shed or roofed enclosure; (b) a kiosk or stall, movable or otherwise; (c) an earth retaining or stabilising structure, whether permanent or temporary; (d) a dock, wharf or jetty; (e) a floating structure, not being a boat or vessel, constructed or to be constructed on a flotation system that — (i) is or is to be supported by water; (ii) is not intended for or useable in navigation; and (iii) is or is to be permanently moored; (f) a culvert, crossing, access road, bridge, underpass or tunnel; (g) a sewage treatment plant, sewer, drain, swimming pool or any non-proprietary type of concrete tank for the storage of any solid, liquid or gaseous product; and (h) such other erection or structure (whether permanent or temporary) as the Minister may, by order published in the Gazette, declare to be a building;
The Authority may appoint —
a committee of persons; and
an advocate and solicitor, to assist the Authority in considering any representation that may be made to him under subsection (3).
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).
The costs and expenses referred to in subsection (5) shall include —
the costs and expenses of any advocate and solicitor appointed under subsection (4)(b);
such reasonable expenses as the Authority may pay to witnesses; and
such reasonable expenses as are necessary for the conduct of proceedings before the committee appointed under subsection (4)(a).
Where the Authority suspends or cancels the registration of an accredited checker or an accredited checking organisation under this section, the Authority shall —
cancel any certificate of accreditation issued to the person or organisation concerned under section 20(3); and
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.
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.
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.
The Authority shall cancel the registration of an accredited checker who has died.
Terms defined in this Act
accredited checker
Defined · s 2“accredited checker” means a person who is registered as an accredited checker under section 20, whether acting on his own behalf or on behalf of an accredited checking organisation;
accredited checking organisation
Defined · s 2“accredited checking organisation” means an accredited checking organisation registered as such under section 20;
Authority
Defined · s 2“Authority”, in relation to this Act or any Part or provision of this Act or regulations made thereunder, means any Authority appointed under section 3(1) to be responsible for the administration of this Act or that Part or provision or regulations made thereunder, as the case may be;
building
Defined · s 2“building” means any permanent or temporary building or structure and includes — (a) a hut, shed or roofed enclosure; (b) a kiosk or stall, movable or otherwise; (c) an earth retaining or stabilising structure, whether permanent or temporary; (d) a dock, wharf or jetty; (e) a floating structure, not being a boat or vessel, constructed or to be constructed on a flotation system that — (i) is or is to be supported by water; (ii) is not intended for or useable in navigation; and (iii) is or is to be permanently moored; (f) a culvert, crossing, access road, bridge, underpass or tunnel; (g) a sewage treatment plant, sewer, drain, swimming pool or any non-proprietary type of concrete tank for the storage of any solid, liquid or gaseous product; and (h) such other erection or structure (whether permanent or temporary) as the Minister may, by order published in the Gazette, declare to be a building;
building regulations
Defined · s 2“building regulations” means any regulations made under section 74;
prescribed
Defined · s 42“prescribed” means prescribed in any regulations made under section 52.
Part
Retrofitting of Exterior Features
Part
Disability and Other Performance Requirements for Buildings
Part
Dangerous Buildings and Occurrences
Part
Inspection of Buildings
Part
Licensing of Builders
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