Professional Engineers Act draft

PROFESSIONAL ENGINEERS ARRANGEMENT OF SECTIONS PART I PRELIMINARY

24. Funds of the Board.

25. Accounts and audit.

26. Annual reports and estimates.

27. Expenses under this Act. PART VII

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MISCELLANEOUS PROVISIONS 28. Appeal to the Supreme Court.

29. Certificate of Registrar to be evidence.

30. Review of Board activities.

31. Immunity of certain persons acting under this Act. 32. Regulations.

“initial registration” the first time a person is registered as a professional engineer (the only time continuing education requirements do not have to be met).

“Minister” means the Minister responsible for Communications and Works;

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“prescribed examination” means the examination conducted by the Board under this Act for the purpose of assessing the professional ability of individuals applying for initial registration as a Professional Engineer; “professional engineer” means a registered engineer engaged in the practice of professional engineering;

(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.

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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.

(2) The Minister may, at any time revoke the appointment of any member of the Board: Provided

examination; (f) to make recommendations to the Minister regarding amendments to the law relating to professional engineers;

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(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.

Registrar during normal office hours.

9. (1) Notwithstanding subsections (2) and (3) of section 11, an individual is entitled to initial registration, a to continue to be registered thereafter, in the relevant section of the Register if THIS IS A DRAFT DOCUMENT – 5

upon his written application to the Board for registration as a professional engineer, that person satisfies the Board that — (a) he or she is qualified to be registered as a professional engineer; and (b) he or she is a fit and proper individual to practice as a registered engineer. (c) except being registered under 9(2)(d) or section 10, the applicant is a belonger or is employed

(a) is qualified to be registered under section 9(1) and 9(2)(a), (b) or (c); (b) is temporarily in The Virgin Islands for the purpose of carrying out work in connection with a particular project specified in his application;

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(c) is qualified in a specialist field of engineering not readily available in the Virgin Islands as evidenced by his registration in that field by a legally empowered engineering authority in a country approved by the Board; (d) demonstrates that there are some special circumstances which would warrant his temporary registration; and

(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.

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(7) A certificate of registration shall be subject to such conditions (if any) as the Board may determine and shall be renewed upon (a) application of the holder thereof, (b) completion of continuing education requirements, if any, required by the regulations made under this Act, and

14. (1) For the purposes of this Act, “professional misconduct” means in relation to a registered engineer — (a) negligence; THIS IS A DRAFT DOCUMENT – 8

(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 or she believes may endanger the safety or welfare of the public; (d) failure to make responsible provision for complying with applicable Acts, rules, regulations,

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 —

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(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 be selected by the Minister from among individuals of any profession of comparable professional experience.

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 THIS IS A DRAFT DOCUMENT – 10

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

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.

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(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.

fine of five thousand dollars or to imprisonment for a term of six months or to both such fine and imprisonment.

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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 the House of Assembly and such other monies as may lawfully be paid to the Board.

Minister shall have the power to review the activities of the Board.

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 THIS IS A DRAFT DOCUMENT – 13

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. 32. The Minister in Cabinet acting on the advice of the Board may make regulations — (a) prescribing the form of and the method of keeping the Register;

are eligible to be registered as engineers under this Act. (3) A member of the Board appointed under subsection (2) of this section shall hold office until the 31st day of March, 2015.

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(4) The provisions of this Act shall apply mutatis mutandis to a Board constituted under subsection (2) of this section.

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

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SECOND SCHEDULE (Section 13) CODE OF PROFESSIONAL CONDUCT AND ETHICS

(a) Engineers shall undertake assignments only when qualified by education or experience in the specific technical fields involved. (b) Engineers shall not affix their signatures to any plans or documents dealing with subject matter in which they lack competence, nor to any plan or document not prepared under their direction and control.

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(c) Engineers may accept assignments and assume responsibility for coordination of an entire project and sign and seal the engineering documents for the entire project, provided that each technical segment is signed and sealed only by the qualified engineers who prepared the segment.

(3) Engineers shall issue public statements only in an objective and truthful manner.

(1) Engineers shall be guided in all their relations by the highest standards of honesty and integrity. (a) Engineers shall acknowledge their errors and shall not distort or alter the facts. (b) Engineers shall advise their clients or employers when they believe a project will not be successful. (c) Engineers shall not accept outside employment to the detriment of their regular work or interest.

Before accepting any outside engineering employment, they will notify their employers.

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(d) Engineers shall not attempt to attract an engineer from another employer by false or misleading pretenses. (e) Engineers shall not promote their own interest at the expense of the dignity and integrity of the profession.

(2) Engineers shall at all times strive to serve the public interest.

(b) Engineers in salaried positions shall accept part-time engineering work only to the extent consistent with policies of the employer and in accordance with ethical considerations. (c) Engineers shall not, without consent, use equipment, supplies, laboratory, or office facilities of an employer to carry on outside private practice.

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(7) Engineers shall not attempt to injure, maliciously or falsely, directly or indirectly, the professional reputation, prospects, practice, or employment of other engineers. Engineers who believe others are guilty of unethical or illegal practice shall present such information to the proper authority for action. (a) Engineers in private practice shall not review the work of another engineer for the same client, except with the knowledge of such engineer, or unless the connection of such engineer with the work has been terminated.

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