PART 7 | Appointment of Investigation Panel |
39.—(1) For the purpose of enabling Investigation Committees to be appointed under section 42, the Board must appoint a panel (called in this Act the Investigation Panel) consisting of —| (a) | not less than 10 but not more than 20 registered professional engineers of at least 10 years’ standing who are not members of the Board; and | | (b) | not less than 5 but not more than 10 allied professionals or laypersons. [27/2005] |
| (2) A member of the Investigation Panel is appointed for a term of 2 years and is eligible for re-appointment. [27/2005] |
| (3) The Board may, at any time, revoke the appointment of any member of the Investigation Panel or fill any vacancy in its membership. [27 [27/2005] |
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| Complaints against registered professional engineers |
40. Any complaint or information concerning —| (a) | the conviction of a registered professional engineer of any offence involving fraud, dishonesty or moral turpitude, or implying a defect in character which makes him or her unfit for his or her profession; | | (b) | any improper act or conduct of a registered professional engineer in his or her professional capacity which brings disrepute to his or her profession; | | (c) | any contravention by a registered professional engineer of any provision of the prescribed code of professional conduct and ethics; | | (d) | the ability of a registered professional engineer to carry out the duties of a professional engineer effectively in Singapore; or | | (e) | any failure on the part of a registered professional engineer, while being a director, a manager or an employee of a licensed corporation, or a partner, a manager or an employee of a licensed partnership or limited liability partnership, to take reasonable steps to prevent the corporation, partnership or limited liability partnership from acting in a manner (other than as described in section 37(1)(f)) which would warrant the Board revoking any licence granted to the corporation, partnership or limited liability partnership or imposing a penalty under section 37(2), |
| must be made to the Board in writing and must be supported by any statutory declaration that the Board may require, except that no statutory declaration is required if the complaint is made or given by any public officer or officer of the Board. |
[28 [27/2005; 36/2017] |
| 41.—(1) Subject to subsection (3), the Board must, upon receiving any complaint under section 40, refer the complaint to the Registrar for review. [27/2005] | (2) The Board may also, on its own motion, refer any information concerning any improper or dishonourable act or conduct of a registered professional engineer to the Registrar for review. [27/2005] |
| (3) The Board need not refer any complaint or information to the Registrar for review where the complaint or information relates to any matter set out in section 26(2), and in such a case, the Board may take any action that it thinks fit under that section. [27/2005] |
(4) The Registrar —| (a) | must review the complaint or information referred to him or her for the purpose of determining if there are sufficient merits therein to warrant the institution of disciplinary proceedings under this Part against the registered professional engineer concerned; and | | (b) | may, for the purpose of conducting the review, enlist the assistance of any registered professional engineer, allied professional or layperson on the Investigation Panel. [27/2005] |
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| (5) In conducting a review under this section, the Registrar may require the complainant (if any) or the registered professional engineer concerned to answer any question or to provide any document or information that the Registrar considers relevant for the purpose of the review. [27/2005] |
(6) On the completion of a review under this section, the Registrar must —| (a) | dismiss the complaint or information, if the Registrar finds that the complaint is frivolous, vexatious, misconceived or without merits, or that the information is unsubstantiated; | | (b) | in a case where the complaint or information relates to the conviction (whether in Singapore or elsewhere) of the registered professional engineer of an offence that —| (i) | involves fraud or dishonesty; or | | (ii) | implies a defect in character which makes the registered professional engineer unfit for his or her profession, |
| recommend to the Board to refer the matter to a Disciplinary Committee for a formal inquiry; and |
| | (c) | in any other case, recommend to the Board to refer the matter to an Investigation Committee for an inquiry. [27/2005] |
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| (7) The Board may, upon accepting the recommendation of the Registrar under subsection (6)(b) or (c), appoint an Investigation Committee or a Disciplinary Committee (as appropriate) and refer the matter thereto for an inquiry or a formal inquiry, as the case may be. [29 [27/2005] |
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| Appointment of Investigation Committee |
42.—(1) The Board may appoint one or more Investigation Committees comprising —| (a) | a chairperson who is a member of the Board; | | (b) | 2 members of the Investigation Panel who are registered professional engineers; and | | (c) | a member of the Investigation Panel who is an allied professional or a layperson, |
| to inquire into any complaint or information received by the Board under section 40. |
[27/2005] | (2) A member of the Investigation Panel who has assisted the Registrar in reviewing any complaint or information under section 41(4)(b) must not be a member of an Investigation Committee inquiring into the same matter. [27/2005] |
| (3) An Investigation Committee may be appointed in connection with one or more matters or for a fixed period of time, as the Board thinks fit. [27/2005] |
| (4) The Board may, at any time, revoke the appointment of the chairperson or any member of an Investigation Committee or fill any vacancy in an Investigation Committee. [27/2005] |
| (5) No act done by or under the authority of an Investigation Committee is invalid because of any defect that is subsequently discovered in the appointment or qualification of the chairperson or members or any of them. [27/2005] |
| (6) The chairperson of an Investigation Committee must, even though he or she has ceased to be a member of the Board on the expiry of his or her term of office, continue to be the chairperson of the Investigation Committee until the Investigation Committee has completed its work. [27/2005] |
| (7) A member of an Investigation Committee must, even though he or she has ceased to be a member of the Investigation Panel on the expiry of his or her term of office, continue to be a member of the Investigation Committee until the Investigation Committee has completed its work. [30 [27/2005] |
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| Powers and procedure of Investigation Committee |
43.—(1) For the purposes of any inquiry, an Investigation Committee may require any person —| (a) | to attend at a specified time and place and give evidence before the Investigation Committee; and | | (b) | to produce all books, documents and papers in the custody, or under the control, of the person which may be related to or be connected with the subject matter of the inquiry. [27/2005] |
(2) Any person who, without lawful excuse —| (a) | refuses or fails to comply with any requirement of the Investigation Committee under subsection (1); or | | (b) | refuses to answer or gives a false answer to any question put to the person by a member of the Investigation Committee, |
| shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both. |
[27/2005] |
| (3) Subject to the rules, an Investigation Committee has the power to regulate its own procedure for an inquiry. [27/2005] |
| (4) An Investigation Committee must complete its inquiry not later than 3 months from the date on which the matter to be inquired into is referred to it, unless the Board, on application of the Investigation Committee, allows otherwise. [31 [27/2005] |
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| Findings of Investigation Committee |
44. Upon due inquiry into any complaint or information, an Investigation Committee must report its findings to the Board and recommend to the Board to do any of the following:| (a) | order that the complaint or information be dismissed; | | (b) | order that the registered professional engineer be issued a letter of advice or a letter of warning; | | (c) | order that a formal inquiry be held by a Disciplinary Committee; | | (d) | make any other order that the Investigation Committee considers appropriate. [31A [27/2005] |
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45.—(1) Upon receiving the findings and recommendation of an Investigation Committee, the Board may —| (a) | accept the recommendation and make the recommended order; | | (b) | refer the matter back to the Investigation Committee for further inquiry; or | | (c) | make any other order that the Board thinks fit. [27/2005] |
(2) The Board must not —| (a) | issue any letter of advice or letter of warning to a registered professional engineer in accordance with the recommendation of the Investigation Committee under section 44(b); or | | (b) | make any other order against the registered professional engineer in accordance with the recommendation of the Investigation Committee under section 44(d), |
| unless the Board is satisfied that the Investigation Committee had allowed the registered professional engineer concerned an opportunity of being heard either personally or by counsel during the inquiry. |
[27/2005] |
| (3) The Board must notify the person who made the complaint or gave the information (if any) of its decision. [27/2005] |
| (4) A registered professional engineer who is aggrieved by any advice or order of the Board, being an advice or order mentioned in section 44(b) or (d) may, within 30 days of being notified of the decision of the Board, appeal to the Minister whose decision is final. [27/2005] |
| (5) Where the person who made the complaint or gave the information to the Board is dissatisfied with the decision of the Board under section 44(a), (b) or (d), the person may, within 30 days of being notified of the decision, appeal to the Minister whose decision is final. [27/2005] |
(6) The Minister may, in relation to an appeal under subsection (4) or (5), make —| (a) | an order affirming the decision of the Board; | | (b) | an order directing a formal inquiry to be held by a Disciplinary Committee; or | | (c) | any other order that the Minister thinks fit. [31B [27/2005] |
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| Appointment of Disciplinary Committee |
46.—(1) The Board may appoint one or more Disciplinary Committees to formally inquire into —| (a) | any complaint or information in respect of which the Board or the Minister has, under section 45, ordered that a formal inquiry be held by a Disciplinary Committee; or | | (b) | any matter referred to the Board under section 41(6)(b). [27/2005] |
| (2) A Disciplinary Committee must comprise not less than 3 registered professional engineers of at least 10 years’ standing, of whom at least 2 must be members of the Board. [27/2005] |
| (3) A Disciplinary Committee may be appointed in connection with one or more matters or for a fixed period of time, as the Board thinks fit. [27/2005] |
| (4) The chairperson or a member of an Investigation Committee which inquired into any complaint or information must not be a member of a Disciplinary Committee inquiring into the same matter. [27/2005] |
| (5) The Board must appoint a member of a Disciplinary Committee to be the chairperson of the Disciplinary Committee. [27/2005] |
| (6) The Board may, at any time, revoke the appointment of any Disciplinary Committee or any member thereof, or fill any vacancy in a Disciplinary Committee. [27/2005] |
| (7) No act done by or under the authority of a Disciplinary Committee is invalid because of any defect that is subsequently discovered in the appointment or qualification of the members or any of them. [27/2005] |
| (8) A member of a Disciplinary Committee must, even though he or she has ceased to be a member of the Board on the expiry of his or her term of office, continue to be a member of the Disciplinary Committee until the Disciplinary Committee has completed its work. [31C [27/2005] |
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| 47.—(1) The Board must appoint a member of the Investigation Panel who is an allied professional or a layperson as an observer of the proceedings of a Disciplinary Committee, except that the person appointed must not have assisted the Registrar in reviewing any complaint or information under section 41(4)(b) or been a member of the Investigation Committee which had inquired into the same matter. [27/2005] | (2) The observer must not vote on any question or matter to be decided by the Disciplinary Committee and need not be present at every meeting of the Disciplinary Committee. [31D [27/2005] |
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| Professional engineer to be notified of inquiry |
| 48.—(1) Before a Disciplinary Committee commences its formal inquiry into any complaint or information referred to it, the Registrar must serve on the registered professional engineer concerned a notice of the formal inquiry. [27/2005] | (2) An inquiry must not be fixed on a date earlier than 21 days after the date of the notice of inquiry except with the agreement of the registered professional engineer. [27/2005] |
| (3) On application to the Disciplinary Committee, the registered professional engineer may request to postpone the formal inquiry, and the Disciplinary Committee may grant the application and postpone the formal inquiry to a date that it may determine, or refuse the application. [31E [27/2005] |
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| Powers and procedure of Disciplinary Committee |
49.—(1) For the purposes of a formal inquiry, a Disciplinary Committee may require any person —| (a) | to attend at a specified time and place and give evidence before the Disciplinary Committee; and | | (b) | to produce all books, documents and papers in the custody, or under the control, of the person which may be related to or be connected with the subject matter of the formal inquiry. [27/2005] |
(2) Any person who, without lawful excuse —| (a) | refuses or fails to comply with any requirement of the Disciplinary Committee under subsection (1); or | | (b) | refuses to answer or gives a false answer to any question put to the person by a member of the Disciplinary Committee, |
| shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both. |
[27/2005] |
(3) The Disciplinary Committee —| (a) | is not bound to act in any formal manner and is not bound by the provisions of the Evidence Act 1893 or by any other written law relating to evidence, but may inform itself on any matter in any manner that it thinks fit; | | (b) | may administer an oath or affirmation to any person giving evidence before it; and | | (c) | may, subject to the rules, regulate its own procedure for a formal inquiry. [27/2005] |
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| (4) Any party to the proceedings before a Disciplinary Committee may take out subpoenas to testify or to produce documents, and the subpoenas must be served and may be enforced as if they were subpoenas issued in connection with a civil action in the General Division of the High Court. [42/2005; 40/2019] |
| (5) Any person giving evidence before a Disciplinary Committee is legally bound to tell the truth. [27/2005] |
| (6) Persons giving evidence in a formal inquiry have the same privileges and immunities in relation to an inquiry as if it were a proceeding in a court of law. [27/2005] |
| (7) The Board may appoint an advocate and solicitor for the purpose of a formal inquiry (whether to prosecute the complaint or to act as a legal advisor to the Disciplinary Committee) and pay to the advocate and solicitor, as part of the expenses of the Board, any remuneration that the Board may determine. [27/2005] |
| (8) A Disciplinary Committee must complete its inquiry not later than 6 months from the date of its appointment, unless the Board, on application of the Disciplinary Committee, allows otherwise. [27/2005] |
| (9) In sections 172 to 175, 177, 179, 182 and 228 of the Penal Code 1871, “public servant” is deemed to include a member of a Disciplinary Committee holding a formal inquiry, and in sections 193 and 228 of the Penal Code 1871, “judicial proceeding” is deemed to include such a formal inquiry. [31F [27/2005] |
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| Findings of Disciplinary Committee |
50.—(1) Where, upon due inquiry into a complaint or matter, a Disciplinary Committee is satisfied that the registered professional engineer concerned —| (a) | has been convicted of any offence involving fraud, dishonesty or moral turpitude, or such defect in character which makes him or her unfit for his or her profession; | | (b) | has been guilty of any improper act or conduct which, in the opinion of the Disciplinary Committee, brings disrepute to his or her profession; | | (c) | has contravened any provision of the prescribed code of professional conduct and ethics; | | (d) | is no longer in a position to carry out the duties of a registered professional engineer effectively in Singapore; or | | (e) | while being a director, a manager or an employee of a licensed corporation, or a partner, a manager or an employee of a licensed partnership or limited liability partnership, had failed to take reasonable steps to prevent the corporation, partnership or limited liability partnership from acting in a manner (other than as described in section 37(1)(f)) which would warrant the Board revoking any licence granted to the corporation, partnership or limited liability partnership or imposing a penalty under section 37(2), |
| the Disciplinary Committee may exercise one or more of the powers mentioned in subsection (2). |
[27/2005; 36/2017] (2) The powers that the Disciplinary Committee may exercise for the purposes of subsection (1) are as follows:| (a) | by order direct the Registrar to remove the name of the registered professional engineer from the register of professional engineers; | | (b) | by order suspend the registered professional engineer from practice for a period of not more than 2 years; | | (c) | by order impose on the registered professional engineer a penalty not exceeding $50,000; | | (d) | by writing censure the registered professional engineer; and | | (e) | make any other order that the Disciplinary Committee thinks fit. [27/2005; 36/2017] |
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| (3) In addition to its powers under subsection (2), the Disciplinary Committee may order the registered professional engineer concerned to pay to the Board a sum, not exceeding $50,000, that the Disciplinary Committee thinks fit in respect of the costs and expenses of and incidental to any proceedings against him or her under this Part. [27/2005; 36/2017] |
| (4) Where the Disciplinary Committee finds that the registered professional engineer has not been convicted or guilty of any of the matters mentioned in subsection (1)(a) to (e), the Disciplinary Committee must order that the complaint or information be dismissed. [27/2005] |
(5) The costs and expenses mentioned in subsection (3) include —| (a) | the costs and expenses of any advocate and solicitor appointed by the Board for proceedings before the Disciplinary Committee; | | (b) | any reasonable expenses that the Board may pay to witnesses; and | | (c) | any reasonable expenses that are necessary for the conduct of proceedings before the Disciplinary Committee, |
| and the General Division of the High Court has jurisdiction to tax those costs and any such order for costs is enforceable as if it were made in connection with a civil action in the General Division of the High Court. |
[27/2005; 40/2019] |
| (6) The Registrar must serve on the registered professional engineer concerned a notice of the order made by the Disciplinary Committee. [27/2005] |
| (7) Subject to subsection (8), an order mentioned in subsection (2) does not take effect until the expiry of 30 days after the order is made. [27/2005] |
| (8) On making an order mentioned in subsection (2)(a) or (b), the Disciplinary Committee, if satisfied that removing the name of the registered professional engineer concerned from the register of professional engineers or suspending him or her from practice (as the case may be) is necessary for the protection of members of the public or would be in the best interests of the registered professional engineer, may order that the Registrar immediately remove his or her name from the register or suspend him or her from practice, as the case may be. [27/2005] |
| (9) An order under subsection (8) takes effect from the time the order is made. [27/2005] |
| (10) While any order of suspension from practice made under subsection (2)(b) remains in force, the person to whom the order applies is not, for the purposes of this Act, to be regarded as having in force a practising certificate, but immediately on the expiry or annulment of such order, his or her privileges under this Act are revived as from the date of expiry or annulment. [27/2005] |
(11) For the purposes of subsection (1)(e), a registered professional engineer is not to be deemed to have taken reasonable steps to prevent the doing of any act by a licensed corporation, partnership or limited liability partnership unless he or she satisfies the Disciplinary Committee that —| (a) | the act was done without his or her knowledge; | | (b) | he or she was not in a position to influence the conduct of the corporation, partnership or limited liability partnership in relation to its action; or | | (c) | he or she, being in such a position, exercised all due diligence to prevent the corporation, partnership or limited liability partnership from so acting. [27/2005] |
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| (12) In this section, references to acts done by a licensed corporation, partnership or limited liability partnership include references to omissions to act and to a series of acts or omissions to act. [27/2005] |
| (13) Every penalty imposed under an order by a Disciplinary Committee under subsection (2) is recoverable as a debt due to the Board. [31G [27/2005] |
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| Appeal against order by Disciplinary Committee |
| 51.—(1) Any person aggrieved by a decision of the Disciplinary Committee mentioned in section 50(2), (3) or (4) may, within 30 days after the notice of the order is served on the person, appeal to the General Division of the High Court against the order. [27/2005; 40/2019] | (2) There is no appeal from the decision of the General Division of the High Court. [27/2005; 40/2019] |
| (3) In any appeal to the General Division of the High Court against a decision mentioned in section 50(2), (3) or (4), the General Division of the High Court is to accept as final and conclusive any finding of the Disciplinary Committee relating to any issue of ethics or standards of professional conduct unless such finding is in the opinion of the General Division of the High Court unsafe, unreasonable or contrary to the evidence. [27/2005; 40/2019] |
| (4) Despite anything in section 50, where a person has appealed to the General Division of the High Court against an order mentioned in section 50(2) or (3), the order does not take effect unless the order is confirmed by the General Division of the High Court or the appeal is for any reason dismissed by the General Division of the High Court or withdrawn. [31H [27/2005; 40/2019] |
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| Conviction final and conclusive |
| 52. In any proceedings under this Part in relation to the conviction of a registered professional engineer for a criminal offence, the Minister, the Board, an Investigation Committee, a Disciplinary Committee, and the General Division of the High Court on appeal from any order of a Disciplinary Committee, must accept his or her conviction as final and conclusive. [31I [27/2005; 40/2019] |
53. Any notice, order or document required or authorised to be served under this Part is deemed to be sufficiently served —| (a) | by delivering a copy thereof personally or by leaving it with some adult person at the last known place of residence or business of the person on whom it is to be served; or | | (b) | by sending it by registered post addressed to the person on whom the notice is to be served at the person’s address as stated in the appropriate register. [31J [27/2005] |
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