|
No. 12 of 2004 |
AN ACT TO PROVIDE FOR THE
REGISTRATION OF |
ENGINEERS, FOR THE REGULATION AND |
CONTROL OF PROFESSIONAL
ENGINEERING AND |
RELATED PURPOSES |
[Date of Assent — 1st July, 2004] |
Enacted by the Parliament of The
Bahamas. |
Part I |
Preliminary |
1.(1) This Act may be cited as
the Professional Engineers Act, 2004. | Short title and commencement. |
(2) This Act shall come into
operation on such date as the Minister may appoint by notice published in the
Gazette. |
| Interpretation. |
"Accreditation Committee" means the
Committee established by section 7(2); |
"Appeals Tribunal" means the Tribunal
established under section 21; |
"Applicant" means an individual applying
under the provisions of this Act for registration as a professional engineer as
the context requires; |
"Assessment Committee" means the
Committee established by section 7(4); |
"Association" means The Bahamas
Institution of Professional Engineers or The Bahamas Society of Engineers or
any other association of Engineers recognized by the Minister; |
"Board" means the Professional Engineers
Board established by section 3; |
"certificate of registration" means a
certificate of registration issued under section 11; |
"certificate of temporary registration"
means a certificate of temporary registration issued under section 11; |
"Chairman" means the Chairman of the
Board appointed under subsection (4) of section 3; |
"discipline" means the particular sphere
of engineering in which the professional engineer is registered; |
"Minister" means the Minister
responsible for Public Works; |
"prescribed examination" means the
examination conducted by the Board under this Act for the purpose of assessing
the professional ability of individuals applying for registration as a
Professional Engineer; |
"professional engineer" means a
registered engineer engaged in the practice of professional engineering; |
"professional engineering" means the act
of designing, planning, directing or supervising, or managing any engineering
works which requires the application of engineering principles and that
concerns the safeguarding of life, health, property, economic interest, the
public welfare or the environment"; |
"Register" means the Register of
Professional Engineers provided for in section 8; |
"registered engineer" means an individual
whose name appears on the Register; |
"relevant date" means the date of
commencement of this Act; |
"Registrar" means the Registrar to the
Board appointed under section 6; |
"seal" means a seal issued to a
registered engineer under this Act; and |
"to register" means to enter the name of
a professional engineer in the Register. |
PART II |
The Professional Engineer's Board |
3.(1) There is hereby
established a body to be known as the Professional Engineers Board, which shall
discharge the responsibilities, assigned to the Board by or under this Act. | Establishment of the Board. |
(2) Subject to the provisions of
subsection (3), the Board shall consist of the following members, to be
appointed by the Minister - |
(a) one registered engineer, being
the Director of Public Works or such other registered engineer in the Public
Service as the Minister sees fit; |
(b) two registered engineers appointed
by the Minister, with neither of the two being from the same discipline; |
(c) two registered engineers appointed
by the Minister acting with the concurrence of The Bahamas Institution of
Professional Engineers; and |
(d) two registered engineers appointed
by the Minister acting with the concurrence of The Bahamas Society of
Engineers. |
(3) The Minister shall not - |
(a) appoint more than three persons
from the same discipline to be members of the Board at the same time: or |
(b) appoint as a member of the Board
any person - |
(i) who, under the law of The
Bahamas, is not a citizen or permanent resident of The Bahamas, or |
(ii) who has been engaged in the
practice of professional engineering for a period of less than five years. |
(4) The members of the Board shall
appoint one of the members to be Chairman of the Board. |
4.(1) The members of the Board shall
hold office for the period of two years next following the respective dates of
their appointment and shall be eligible for reappointment; but neither
the two members appointed under section 3(2)(b) nor the members appointed under
sections 3(2)(c) and 3(2)(d) shall hold office for more than two consecutive
terms. | Terms of office of Board Members. |
(2) The Minister may, if he thinks
it expedient so to do, at any time revoke the appointment of any member of the
Board: |
Provided that where the
member was appointed under section 3(2)(c) and 3(2)(d), the Minister shall not,
without the prior concurrence of the Association. revoke the appointment of the
member. |
(3) If any vacancy occurs in the
membership of the Board, such vacancy shall be tilled by the appointment of
another member, who shall hold office for the remainder of the period for which
the previous member was appointed, so, however, that such appointment shall be
made in the same manner and from the same category of persons as the
appointment of the previous member. |
(4) A member other than the
Chairman may at any time resign his office by instrument addressed to the
Minister and transmitted through the Chairman. |
(5) The Chairman may at any time
resign his office by instrument addressed to the Minister. |
5.(1) The Board shall meet at such
times as may be necessary or expedient for the transaction of its business, but
not less than once every three months, and such meetings shall be held at such
places and times and on such days as the Board may determine. | Meetings of the Board. |
(2) The quorum of the Board shall
he four. |
(3) The decisions of the Board
shall be by a majority of votes and, in addition to an original vote, the
Chairman or other person presiding at a meeting shall have a second or casting
vote in any case in which the voting is equal. |
(4) Subject to the provisions of
this Act, the Board may regulate its own proceedings. |
(5) The Chairman shall cause to be
given to a member, fourteen days written notice by registered mail of a meeting
of the Board. |
6. The Minister shall appoint a
Registrar who shall perform the functions assigned to the Registrar by or under
this Act and shall provide the Board with such other staff and accommodation.
services and other facilities as appear to the Minister to be necessary or
expedient for the performance of the functions of the Board. | Registrar and other staff, etc, for
the Board. |
7.(1) The functions of the Board are
- | Functions of the Board and
Committees. |
(a) to conduct or arrange for the
conduct of an examination, where appropriate for the purpose of assessing the
professional ability of individuals applying for registration; |
(b) to register professional
engineers, and to issue certificates of registration and seals; |
(c) to safeguard against illegal,
improper or unethical engineering practices; |
(d) to exercise disciplinary control
over registered engineers; |
(e) to publish in the Gazette a list
of qualifications and institutions recognized by the Board in respect of the
engineering academic training required for eligibility to sit the prescribed
examination; |
(f) to make recommendations to the
Minister regarding amendments to the law relating to professional
engineers; |
(g) to advise the Minister on any
matter which the Minister refers to the Board relating to the practice of
professional engineering; |
(h) to regulate the practice of
professional engineering in accordance with this Act; and |
(i) to advise the Minister on such
matters of professional concern to members of the engineering Associations as
the Associations may refer to the Board. |
(2) The Board shall establish a
Committee to be known as the Accreditation Committee consisting of not less
than ten and not more than fifteen registered engineers. |
(3) The functions of the Accreditation
Committee shall be - |
(a) to assess and keep under review
the academic qualifications required for registration as a professional
engineer; |
(b) to examine, investigate and report
to the Assessment Committee on, the academic qualifications of individuals
applying for registration under this Act; |
(c) to assist the Board in the
preparation and conduct of the prescribed examination when the conduct of such
examination is required pursuant to paragraph (a) of section 9(2): and |
(d) to assist the Board in the
preparation of the list mentioned in paragraph (e) of subsection (1). |
(4) The Board shall establish a
committee to be known as the Assessment Committee consisting of not less than
three and not more than eleven registered engineers. |
(5) The function of the Assessment
Committee shall be to assist the Board to assess the qualifications and
experience of applicants for registration and, in the discharge of this
function, the Assessment Committee shall - |
(a) review the post-graduate training,
and assess the engineering practice of applicants; and |
(b) make recommendations to the Board
as to whether the applicants are qualified to sit the prescribed examination. |
PART III |
Registration of Professional
Engineers |
8.(1) The Board shall cause the
Registrar to keep a register, to be known as " the Register of
Professional Engineers" which shall contain the name and address of every
professional engineer registered under this Act, the qualifications by virtue
of which he is registered and such other particulars as may be prescribed. | Register of Professional Engineers. |
(2) The Register shall he divided
into sections adapted to contain the particulars of the several categories of
disciplines in respect of which persons may he registered tinder the Act. |
(3) The categories of disciplines
in respect of which professional engineers may he registered under this Act are
set out in the First Schedule. | First Schedule. |
(4) The Register shall he open to
inspection by any member of the public at the office of the Registrar during
normal office hours. |
9.(1) Notwithstanding subsections (2)
and (3) of section 11, an individual is entitled to be registered in the
relevant section of the Register if upon his written application, to the Board
for registration as a professional engineer, he satisfies the Board that - | Qualifications for registration. |
(a) he is qualified to be registered
as a professional engineer; and |
(b) he is a fit and proper individual
to practise as a registered engineer. |
(2) For the purposes of subsection
(1), an individual is qualified to be registered as a professional engineer, if
on application to the Board, the applicant has not been disqualified or
suspended from the practice of professional engineering in any place outside The
Bahamas and - |
(a) is the holder of a Bachelor of
Science degree or equivalent from a learning institution approved by the Board
in a discipline of engineering listed in the First Schedule, and has been
engaged in the practice of engineering for a period of not less than four years
and is successful in the examination conducted by the Board under section
7(1)(a); or | First Schedule. |
(b) is the holder of a Bachelor of
Science Degree in Engineering Technology accredited by the Engineering Accreditation
Commission of the united States of America, or a Higher National Diploma (HND)
approved by the Engineering Council of the United Kingdom, or equivalent in a
discipline of engineering listed in the First Schedule obtained before December
31st , 2003, and has been engaged in the practice of engineering for
a period of not less than eight years and is successful in the examination
conducted by the Board under section 7(1)(a); or | First Schedule. |
(c) on the relevant date of this Act
he is a Corporate Member of The Bahamas Institution of Professional Engineers
or such association of engineers as may be approved by the Board; or |
(d) is registered as a professional
engineer by a legally empowered engineering registration authority in the
United States of America. Canada, the United Kingdom and any of the countries
of the Carribean Community and, in the opinion of the Board, such registration
is evidence of satisfactory training in engineering; or |
(e) has had not less than fifteen
years practical experience in the specific discipline and specialty which he
has been training in, the last live of which he should have been in charge of
engineering works, and has demonstrated to the satisfaction of the Board that
he is proficient in the design and execution of engineering works: |
Provided an applicant for
registration as a professional engineer by virtue of subsection 2(c) of this
section shall only be entitled to such registration over the period commencing
on the relevant date of the Act and ending twelve months thereafter, after
which the provisions of subsection (2)(c) shall be discontinued. In addition an
applicant for registration as a professional engineer by virtue of subsection
9(2)(e) shall only be entitled to such registration over the period commencing on
the relevant date of the Act and ending one year thereafter, after which time
the provisions of subsection (2)(e) shall be discontinued. All applications
from thenceforth shall be considered by the Board in accordance with
subsections (2)(a), (b) and (d) of this section. |
10.(1) Notwithstanding subsection (2)
of this section, or section 9, or subsections (2) and (3) of section 11, an
individual is entitled to be temporarily registered in the relevant section of
the Register, for a period not exceeding six months, upon his written
application to the Board for registration as a professional engineer, if he
satisfies the Board that - | Qualifications for temporary
registration. |
(a) he is qualified to be registered
under section 9(1) and 9(2)(a), (b) or (d): |
(b) he is temporarily in The Bahamas
for the purpose of-carrying out work in connection with a particular project
specified in his application; |
(c) he is qualified in a specialist
field of engineering not readily available in The Bahamas as evidenced by his
registration in that field by a legally empowered engineering authority in a
country approved by the Board; |
(d) there are some special
circumstances which would warrant his temporary registration; and |
(e) he is associated with an Engineer
whose name appears on the Register; or is on temporary assignment from an
international lending agency, or from a United Nations Agency, the Commonwealth
Secretariat or a similar sponsoring organization approved by the Minister after
consultation with the Board, to carry out work on a particular project for a
specified time. |
(2) The Board may refuse to
temporarily register an individual applying for registration or may suspend or
revoke a certificate of temporary registration where the Board is of the opinion
upon reasonable and probable grounds - |
(a) that the past conduct of the
applicant, or the holder of the certificate of temporary registration, affords
grounds for the belief that the applicant or holder will not engage in the
practice of-professional engineering in accordance with the law and with
honesty and integrity: |
(b) that the applicant for the
certificate of temporary registration does not meet the requirements or
qualifications for the issue of a certificate of temporary registration as set
out in this Act; and |
(c) that there has been a breach of a
condition of the certificate of temporary registration. |
11.(1) Every individual wishing to be
registered shall make application therefor to the Board and shall furnish to
the Board - | Certificate of registration, or of
temporary registration and seal. |
(a) proof of his identity and
residential status in The Bahamas; |
(b) the documents conferring or
evidencing his qualifications and experience; and |
(c) such other particulars as may be
prescribed or as may be required by the Board in any particular case. |
(2) An application for
registration made under this Act by an individual who is not a citizen of The
Bahamas, or who is not a Public Officer. shall not be favourably determined
without the concurrence of the Minister responsible for Immigration. |
(3) As soon as practicable alter
receipt of an application under subsection (1), the Board shall consider the
application and make a determination as to whether or not the applicant should
be registered. |
(4) The determination made by the
Board in respect of an application for registration shall be communicated to
the applicant and, in the case of a favourable determination the Board shall,
upon receipt of the prescribed fee from the applicant, direct the Registrar to
enter the name of the applicant in the relevant section of the Register and to
issue to the applicant a certificate of registration or (if the applicant is
temporarily registered) a certificate of temporary registration, and a seal: |
Provided that no fee shall
be payable in respect of registration or renewal of registration by a Public
Officer. |
(5) The certificate of
registration, certificate of temporary registration and seal issued under
subsection (4) shall be in such form as may be prescribed. |
(6) A certificate of registration
shall take effect on the date specified on the certificate as the date on which
it is to take effect and shall expire on the 31st day of December in the year
in which it was issued. |
(7) A certificate of registration
shall be subject to such conditions (if any) as the Board may determine and
shall be renewed upon application of the holder thereof and upon payment of the
prescribed fee, unless the name of the holder has been removed from the
Register as a result of disciplinary action under section 14. |
(8) A certificate of temporary
registration shall he subject to such conditions (if any) as the Board may
determine and shall take effect and expire on the respective e dates specified
on the certificate as the dates on which it is to take effect and expire,
respectively. |
(9) A certified copy of a
certificate of registration, or a certificate of temporary registration, made
by the Registrar shall be prima facie evidence in any court that the person to
whom the certificate relates is a registered engineer. |
(10) A letter signed by the
Registrar stating that a person is not a registered engineer shall be prima
facie evidence in any court of that fact. |
(11) The holder of a certificate of
registration, or a certificate of temporary registration, shall display it in a
prominent position at his place of work. |
(12) The seal and signature of a
registered engineer shall be affixed to every document or drawing prepared by
him. |
(13) Where a certificate of
registration, certificate of temporary registration or seal has been lost,
destroyed or mutilated it may be replaced by the Board by the issue of a copy
thereof upon the application of the holder and on the payment of the prescribed
fee. |
(14) The Board shall cause to be
published in the Gazette - |
(a) as soon as practicable after the
expiration of thirty days after the commencement of this Act, a list containing
the name and address of every individual who, at the thirtieth day after such
commencement, is a registered engineer; and |
(b) thereafter in the month of
February in each year. a list containing the name and address of every engineer
registered. or who has ceased to he registered. at 31st day of
January in that year. |
12. Every individual registered
under this Act who obtains an engineering qualification approved by the Board
as higher than or additional to that in respect of which he is registered shall
be entitled to have such higher or additional qualifications inserted by the Registrar
in the Register in substitution for or in addition to, as the case may be, the
qualifications in respect of which he is already registered. | Additional qualifications. |
PART IV |
Discipline |
13. Every registered engineer
shall in pursuit of the practice of professional engineering comply with, and
be subject to, the rules of professional conduct set out in the Second
Schedule. | Code of Conduct. Second Schedule. |
14.(1) For the purposes of this Act,
"professional misconduct" means in relation to a registered engineer
- | Professional Misconduct. |
|
(b) failure to make reasonable
provision for the safeguarding of life, health or property of a person who may
be affected by the work for which the registered engineer is responsible: |
(c) failure to correct or to report a
situation that he believes may endanger the safety or welfare of the
public; |
(d) failure to make responsible
provision for complying with applicable Acts, rules, regulations, bye-laws,
standards and codes in connection with work being undertaken by him or under
his responsibility; |
(e) signing or sealing a final
drawing, specification, plan, report or other engineering document not actually
prepared or checked by him; |
(d) failure to present clearly to his
employer the consequences to be expected from a deviation proposed in work, if
his professional judgement is overruled by non-technical authority in cases
where he is responsible for the technical adequacy of professional engineering
work; |
(e) undertaking work which he is not
competent to perform by virtue of his engineering training or professional
experience; |
(f) committing an act relevant to the
practice of professional engineering, which having regard to the circumstances,
would reasonably he regarded by the engineering profession as disgraceful,
dishonourable or unprofessional; |
(g) failure to abide by the terms or
conditions of his certificate of registration or of his certificate of
temporary registration, as the case may be: |
(h) failure to supply documents or
information requested by the disciplinary committee; |
(i) permitting, counseling or
assisting a person who is not registered under this Act to engage in the
practice of professional engineering except as provided for in this Act; |
(j) procuring his registration by a
statement which is false in a material particular; |
(k) a conviction by a court in The
Bahamas or elsewhere of a criminal offence which, in the opinion of the Board,
renders him unfit to be registered; |
(l) the repeated performance of
defective work to which adequate checks have not been applied; |
(m) making any report in connection with the
performance of any engineering work containing information which he knows to be
erroneous in any material particular; or |
(n) being otherwise guilty of
negligence or incompetence in the performance of his functions as a
professional engineer or being guilty of breaches of the Code of Ethics. |
(2) In this section.
"negligence" means an act or an omission in the carrying out of the
work of a registered engineer which constitutes a failure to maintain the
standards which a reasonable and prudent registered engineer would maintain in
the circumstances. |
15.(1) A complaint that an individual
registered under this Act has been guilty of professional misconduct may be
made to the Board by any person in the prescribed form and shall be accompanied
by such statements and affidavits as may be prescribed. | Complaints of professional
misconduct. |
(2) Where the Board is of the
opinion that any complaint so made might, if established, call for the exercise
by a disciplinary committee of any of the disciplinary powers conferred by
section 17, the Board shall appoint such a disciplinary committee and shall
refer the complaint to it. |
16.(1) A disciplinary committee shall
consist of four members, of whom - | Disciplinary Committee. |
(a) three shall be selected by the
Board from among registered engineers and shall be as far as possible
individuals of comparable professional experience or individuals professionally
senior to the individual complained against and of a similar discipline;
and |
(b) one shall he selected by the
Minister from among individuals of any profession of comparable professional
experience. |
(2) The disciplinary committee
shall elect, from among the members mentioned in paragraph (a) of subsection
(1), a chairman of the committee. |
(3) The disciplinary committee may
appoint a counsel and attorney, who for a period of at least ten years has been
in practice as such. to attend any meeting of the committee for the purpose of
advising it on matters of law. |
(4) In the conduct of the hearing
of any complaint the disciplinary committee shall ensure - |
(a) that adequate notice of
proceedings is given to the individual complained against; and |
(b) that any party to the proceedings
may, if he so requires, be heard by the committee either in person or by his
counsel and attorney. |
(5) At any such hearing the
committee may require evidence to be given on oath, and the chairman of the
committee shall have the power to administer an oath for the purpose and to
issue summonses under his hand requiring the attendance of any person before
it, at a time and place to be specified in any such summons, to give evidence
on oath or to produce any document relevant to the subject matter of the
proceedings. |
(6) Any such summons shall be
served as if it had been issued by a magistrate, and the attendance before the
committee of any person so summoned may be enforced by a magistrate, upon
application made to him by the chairman of the committee, as if the proceedings
before the committee were proceedings before the magistrate, under the
provisions of the Magistrates Act. | Ch. 54. |
(7) The decisions of the committee
shall be by a majority of votes and, in addition to an original vote, the chairman
of the committee shall have a second and casting vote in any case in which the
voting is equal. |
17.(1) On the hearing of a complaint
the disciplinary committee shall make its recommendations to the Board and the Board
may either dismiss the complaint or make such order of a disciplinary nature as
it thinks fit, and any such order may in particular provide for any of the
following matters, that is to say - | Disciplinary powers of the Board. |
(a) removal of the name from the
Register; |
(b) suspension of registration for a
period not exceeding one year; |
(c) payment of a penalty (to be
forfeited to the Crown) not exceeding one thousand dollars; and |
(d) payment, by any party to the
proceedings, of costs or of such sum as the Board may consider to be a
reasonable contribution towards the costs incurred in connection with those
proceedings. |
(2) Subject to section 18 every
such order shall be filed with the Registrar and shall take effect - |
(a) where no appeal under section 28
is brought against the order within the time limit for the appeal, on the
expiration of that time; |
(b) where such an appeal is brought
and is withdrawn or struck out for want of prosecution, on the withdrawal or
striking out of the appeal: and |
(c) where such an appeal is brought
and is not withdrawn or struck out as aforesaid, if and when the appeal is
dismissed and not otherwise. |
(3) The Registrar shall cause a
note of the effect of every order filed with him pursuant to subsection (2) to
be entered in the Register against the name of the individual to whom the order
relates and, except in the case of an order making provision only for costs,
shall forthwith upon the taking effect of the order cause a notice stating the
effect of the order to be published in the Gazette. |
18.(1) On making an order for removal
or an order for suspension in respect of any individual the Board, if satisfied
that to do so is necessary for the protection of members of the public or would
be in the best interests of that individual, may order that his registration in
the Register shall be suspended forthwith in accordance with this section. | Power to order immediate suspension. |
(2) Where an order under
subsection (1) is made in respect of an individual, his registration shall be
suspended (that is to say, shall not have effect) from the time when the order
is made until the time when the relevant order takes effect in accordance with
subsection (2) of section 17 or an appeal against it under section 31 is (in
whatever manner) determined. |
(3) The Supreme Court may
terminate any suspension of an individual's registration which has effect by
virtue of subsection (2), and the decision of the court on any application
under this subsection shall be final. |
(4) In this section "order
for removal" means an order under subsection (1) of section 17 for the
removal of an individual's name from the Register, and "order for
suspension" means an order under that subsection for the suspension of an
individual's registration in the Register. |
19.(1) The Registrar shall remove from
the Register the name of any individual - | Removal of name from Register. |
(a) upon the application of the
individual; or |
(b) upon the taking effect of an order
of the Board under subsection (1) of section 18, in relation to that
individual: |
Provided that where a complaint has been
made against any individual under subsection (1) of section 15, his name shall
not be removed under paragraph (b) of this subsection until the complaint, or
any appeal in relation thereto, has been finally disposed of under this Act. |
(2) Where the name of any
individual has been removed from the Register or his registration has been
suspended, any certificate of-registration, certificate of temporary
registration or seal issued to him under section 11 shall cease to have effect
for as long as his name remains off the Register or, as the case may he.
suspension continues in force. |
(3) Where the name of any
individual has been removed from the Register, the Board shall, in writing,
require such individual to return to the Registrar his certificate of
registration, certificate of temporary registration and seal and such
individual shall comply with that requirement. |
(4) Any individual who fails
without reasonable excuse to return his certificate of registration,
certificate of temporary registration and seal as required by subsection (3) is
guilty of an offence and liable on summary conviction to a fine of five hundred
dollars or to a further fine of two hundred dollars for each day during which
such offence continues. |
20.(1) The Board may at any time, upon
application being made by any individual whose name has been removed from the
Register or whose registration has been suspended, determine if it thinks fit,
that such individual's name shall be restored to the Register or, as the case
may be, that his suspension shall cease with effect from such date as the Board
may appoint, and shall forthwith give notice of any such determination to the
Registrar. | Restoration to Register. |
(2) On receipt of notice of a
determination made by the Board under subsection (1) in relation to any
individual, the Registrar shall forthwith cause the name of that individual to
be restored to the Register or, as the case may be, cause a note of the
cessation of the suspension to be entered therein, and in either such case
shall cause notice of the determination of the Board to be published in the
Gazette. |
21.(1) The Board shall appoint an
Appeals Tribunal consisting of three registered engineers of no less than ten
years experience, not being members of the Board, which Tribunal shall hear all
appeals against the refusal of the Board to register an applicant as a
registered engineer. | Appeals Tribunal. |
(2) The Appeals Tribunal shall
make recommendations to the Board. |
(3) A person who appeals under
this section is entitled to be represented at the hearing by his legal advisor. |
PART V |
Offences and Penalties |
22.(1) No person shall undertake the
practice of professional engineering unless he has a valid certificate of
registration or a certificate of temporary registration. | Prohibition of unregistered persons
performing engineering works. |
(2) No person not being a
registered engineer shall - |
(a) use a title or description which
leads to the belief that he is a registered engineer; |
(b) advertise himself as a registered
engineer; |
(c) act in a manner so as to create
or induce the belief that he is a registered engineer; |
(d) sign or stamp any plans, drawings,
designs or specifications purporting to he acting in the capacity of a
registered engineer or |
(e) affix or use in connection with
any premises occupied by him, any name, title or description (whether by
initials or otherwise) reasonably calculated to suggest that he is a registered
engineer. |
(3) The provisions of subsection
(1) shall not apply to the practice of professional engineering by a person who
so practices under the supervision, direction and control of an individual who
holds a certificate of registration, or certificate of temporary registration. |
(4) Any person who contravenes
subsection (1) or (2) of this section is guilty of an offence and liable on
summary conviction to a fine of one thousand dollars or to imprisonment for a
term of six months or to both such fine and imprisonment. |
| Penalty for wrongfully procuring
registration. |
(a) willfully makes or causes to be
made any entry in the Register which to his knowledge is false; or |
(b) willfully procures or attempts to
procure the registration of himself or any other individual as a professional
engineer by means of any representation or declaration either oral or in
writing, which to his knowledge is false, |
is guilty of an offence and liable on summary
conviction to a fine of one thousand dollars or to imprisonment for a term of
six months or to both such fine and imprisonment. |
PART VI |
Financial Provisions |
24. The funds of the Board shall
consist of such monies as may from time to time be placed at its disposal for
the purposes of this Act by Parliament and such other monies as may lawfully he
paid to the Board. | Funds of the Board. |
25. The Board shall keep proper
accounts of its receipts, payments, assets and liabilities, and such accounts
shall be audited annually by an auditor appointed in each year by the Board
with the approval of the Minister. | Accounts and audit. |
26.(1) The Board shall in each year
prepare and submit to the Minister on or before the 31st day of March, a report
of its proceedings during the period of twelve months ending on the 31st day of
December in the preceding year, including a statement of its accounts audited
in accordance with section 25. | Annual reports and estimates. |
(2) The Board shall, on the 1st
day of March in each year or such earlier date as may be required by the
Minister submit to the Minister for approval, its estimates of revenue and
expenditure in respect of the twelve month period commencing on the 1st day of
January next following. |
27. Any expenses incurred in
carrying this Act into effect shall be defrayed out of monies provided by
Parliament. | Expenses under this Act. |
PART VII |
Miscellaneous Provisions |
28.(1) Any person aggrieved - | Appeal to the Supreme Court. |
(a) by the determination of the Board
under section 11 refusing his application for registration as a professional engineer:
or |
(b) by an order made by the Board
under section 17 in relation to a complaint made by or against him, |
may appeal on that account to the Supreme Court
in accordance with rules to be made by the Rules Committee under section 76 of
the Supreme Court Act within fourteen days in a case falling within paragraph
(a) of this subsection, after receipt by him of the notification provided for
by this Act and in a case falling within paragraph (b) thereof, after
publication in the Gazette of the notice required by subsection (3) of section
17. | Ch. 53. |
(2) The Supreme Court on the
hearing of any such appeal may confirm, reverse or vary the determination of
the Board and the Board shall give effect to the decision accordingly. |
29. A certificate under the hand
of the Registrar as to an entry in the Register or as to any act or proceeding
of the Board shall, until the contrary is proved, be sufficient evidence in any
court of any matter so certified. | Certificate of Registrar to be
evidence. |
30. In addition to the powers and
duties assigned to the Minister elsewhere in this Act, the Minister shall have
the power to review the activities of the Board . | Review of Board activities. |
31. Nothing in this Act shall make
the Registrar or any member, employee, agent or appointee of the Board, or any
officer or member of the Committee, liable to any action or proceeding for any
act done in good faith by any such person in the performance of a function, or
intended exercise in good faith of a function, under this Act. | Immunity of certain persons acting
under this Act. |
32. The Minister acting on the
advice of the Board may make regulations - | Regulations. |
(a) prescribing the form of and the
method of keeping the Register; |
(b) prescribing the particulars which
the Register shall contain; |
(c) prescribing particulars under
which the name of a registered engineer may be restored to the Register when
such name has been removed from the Register under any of the relevant sections
of this Act; |
(d) prescribing the form of any
application, certificate of registration, certificate of temporary
registration, seal or other document required for the purposes of this
Act; |
(e) prescribing the subject matter of
the prescribed examination, the standards required for the successful
completion of the prescribed examination and the conditions governing the grant
of exemptions from any of the requirements of any regulations relating to the
prescribed examination; |
(f) prescribing the fees payable in
respect of the examination and registration of individuals, the issue, renewal
and replacement of certificates of registration, certificates of temporary
registration. and seals and any alterations or additions to the Register; |
(g) regulating the proceedings of the
Board and any other matter necessary for the efficient discharge of its
functions under this Act; |
(h) prescribing penalties, not
exceeding a fine of one thousand dollars for the breach of any regulation made
under this Act; and |
(i) prescribing any other matter or
thing authorized or required by this Act to be prescribed. |
33. The Minister acting on the
advice of the Board may by Order amend the First and Second Schedule. | Amendment of Schedules. |
34. Notwithstanding any provision
of this Act, an individual who immediately before the relevant date was
practising as a professional engineer in The Bahamas may continue to do so,
without being registered or without holding a certificate of registration, or a
certificate of temporary registration - | Transitional Provisions. |
(a) for the period of twelve months
beginning with that date; and |
(b) if before the expiration of that
period he applies for registration under this Act, until he is registered and a
certificate of registration or certificate of temporary registration, as the
case may he. is issued or until such application is finally refused or is
withdrawn. |
35. Save as otherwise provided in
this Act, nothing in this Act shall extend or be construed to extend or
prejudice or in any way affect the practice by any person of any profession or
occupation under and in accordance with any written law authorising such
practice. | Savings. |
(Section 3) |
FIRST SCHEDULE |
Categories of Disciplines |
The categories of disciplines in respect of which
professional engineers may be registered are- |
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(Section 13) |
SECOND SCHEDULE |
Code of Professional Conduct |
The Provisions of this Code apply to all
forms of engineering employment and, for the purposes of this Code, the term
"Employer" includes the term "Client". A registered
engineer - |
(a) for the purpose of discharging
his duties to the public, to his employers, to other members of the engineering
profession and to himself, shall act at all times with - |
(i) fidelity to public needs; |
(ii) fairness and loyalty to his
associates, employers, subordinates and employees; and |
(iii) devotion to high ideals of personal
honour and professional integrity; |
(b) shall express opinions on
engineering matters only on the basis of adequate knowledge and honest
conviction: |
(c) shall have proper regard for the
safety, health and welfare of the public in the performance of his professional
duties: |
(d) shall endeavour to increase public
understanding of engineering and the role of professional engineers in
society; |
(e) shall not he associated with
enterprises which are contrary to the public interest or sponsored by persons
of questionable integrity, or which do not conform to the basic principles of
this Code; |
(f) shall sign or seal only those
plans, specifications and reports which have actually been prepared by him or
under his direct professional supervision or which have been checked by
him; |
(g) shall act for his employer as a
faithful agent or trustee; |
(h) shall not disclose confidential
information pertaining to the interests of his employers without their
consent; |
(i) shall present clearly to his
employers the consequences to he expected if his professional judgement is
overruled by nontechnical authority in matters pertaining to work for which he
is professionally responsible; |
(j) shall not, without the full
knowledge of his employers, undertake any assignment which may create a
conflict of interest with his employers; |
(k) shall not accept remuneration for
services rendered other than from his employers; |
(l) shall conduct himself towards
other professional engineers with courtesy, fairness and good faith: |
(m) shall not compete unfairly with another
professional engineer by attempting to obtain employment, advancement or
professional engagements by competitive bidding, by taking advantage of a
salaried position or by criticizing other professional engineers; |
(n) shall undertake only such work as
he is competent to perform by virtue of his academic training or professional
experience; |
(o) shall not advertise his work or
merit in a self-laudatory manner; |
(p) shall avoid all conduct or
practice likely to discredit or unfavourably reflect upon the dignity or honour
of the profession; |
(q) shall advise the Board of any
practice of by another professional engineer which he believes to be contrary
to this Code; |
(r) shall not maliciously or
recklessly injure or attempt to injure, whether directly or indirectly, the
professional reputation, prospects or business of another professional
engineer; and |
(s) shall not, where steps have been
taken by any person towards employing another professional engineer, directly
or indirectly attempt to supplant that other professional engineer or to
intervene in or in connection with engineering work which to his knowledge has
already been entrusted to that other professional engineer. |