Architects (Investigation Committees) Rules 2001

No. S 14

Architects Act

(Chapter 12)

Architects (Investigation Committees) Rules 2001

In exercise of the powers conferred by section 38 of the Architects Act, the Board of Architects, with the approval of the Minister for National Development, hereby makes the following Rules:

Citation and commencement

1. These Rules may be cited as the Architects (Investigation Committees) Rules 2001 and shall come into operation on 5th January 2001.

Definition

2. In these Rules, “advocate and solicitor” has the same meaning as in the Legal Profession Act (Cap.161).

Complaint against registered architect, licensed corporation or licensed partnership

3. Any complaint made to the Board against a registered architect, licensed corporation or licensed partnership shall be in writing and supported by such statutory declaration or affidavit as the Board thinks fit.

Appointment of Preliminary Inquiry Committee

4.—(1) The Board may appoint a Preliminary Inquiry Committee for the purposes of assisting the Board to determine if a complaint made against a registered architect, licensed corporation or licensed partnership is to be referred to an Investigation Committee.

(2) Every complaint received by the Board against a registered architect, licensed corporation or licensed partnership may be laid before the Preliminary Inquiry Committee.

(3) The Board shall appoint —

(a)	5 registered architects to be members of the Preliminary Inquiry Committee; and
(b)	one of the members to be the Chairman of the Committee.

(4) A member of the Preliminary Inquiry Committee shall be appointed for a period of 2 years and shall be eligible for re-appointment.

(5) The Board may at any time remove any member of the Preliminary Inquiry Committee or fill any vacancy in its membership.

(6) Where there is any vacancy in the membership of the Preliminary Inquiry Committee by reason of the resignation, retirement, removal or death of any member, the vacancy shall be filled by the Board and the new member appointed to the Committee shall hold office for the remainder of the term of office of the member of the Committee in whose place he is appointed.

Proceedings of Preliminary Inquiry Committee

5.—(1) The Chairman of the Preliminary Inquiry Committee may at any time summon a meeting of the Committee.

(2) Two members of the Preliminary Inquiry Committee, including the Chairman of the Committee, shall be present to constitute a quorum for a meeting of the Committee.

(3) Any question arising at any meeting of a Preliminary Inquiry Committee shall be determined by a majority of votes of the members thereof and, in the case of an equality of votes, the Chairman of the Committee shall have a casting vote.

(4) In the absence of the Chairman of the Preliminary Inquiry Committee, the Board shall appoint an acting Chairman who shall have and exercise all the powers of the Chairman.

(5) The Preliminary Inquiry Committee shall recommend to the Board that —

(a)	a complaint be dismissed; or
(b)	a complaint be referred to an Investigation Committee,

and shall set out the reasons for its recommendation in a written report.

(6) The Board shall not be bound by any recommendation made by the Preliminary Inquiry Committee.

Appointment of Investigation Committee

6.—(1) An Investigation Committee appointed by the Board under section 7(2) of the Act shall consist of —

(a)	a Chairman appointed by the Board; and
(b)	such number of members, all of whom shall be registered architects, as the Board may appoint.

(2) The Board may at any time revoke the appointment of any Investigation Committee or may remove any member of an Investigation Committee or fill any vacancy in its membership.

(3) In the absence of the Chairman of an Investigation Committee, the Board shall appoint an acting Chairman who shall have and exercise all the powers of the Chairman.

Proceedings of Investigation Committee

7.—(1) An Investigation Committee may meet for the purposes of its investigation, adjourn or otherwise regulate the conduct of its investigation as the members may think fit.

(2) The Chairman of an Investigation Committee may at any time summon a meeting of the Committee.

(3) All the members of an Investigation Committee shall be present to constitute a quorum for a meeting of the Committee.

(4) Any question arising at any meeting of an Investigation Committee shall be determined by a majority of votes of the members thereof and, in the case of an equality of votes, the Chairman of the Committee shall have a casting vote.

(5) An Investigation Committee —

(a)	shall not be bound to apply the rules of evidence applicable to civil proceedings in any court; and
(b)	may inform itself on any matter in such manner as it thinks fit.

(6) An Investigation Committee may appoint an advocate and solicitor to be present at any of its proceedings to advise the Committee on any matter of law.

(7) For the purposes of conducting its proceedings, an Investigation Committee may appoint any person to make or assist in the making of any preliminary inquiries as the Committee thinks necessary.

(8) Where an Investigation Committee is of the opinion that a registered architect, licensed corporation or licensed partnership should be called upon to answer any allegation made against him, the Committee shall post or deliver to the registered architect, licensed corporation or licensed partnership concerned —

(a)	copies of the complaint made against him and any statutory declaration or affidavit that has been made in support of the complaint; and
(b)	a notice, inviting the registered architect, licensed corporation or licensed partnership concerned to give to the Committee, within such period (not being less than 14 days) as may be specified in the notice, any written explanation he may wish to offer and advise the Committee if he wishes to be heard by the Committee.

(9) On the expiration of the time specified in the notice referred to in paragraph (8)(b), the Investigation Committee shall give the registered architect, licensed corporation or licensed partnership concerned reasonable opportunity to be heard and shall consider any explanation so given.

(10) The registered architect, licensed corporation or licensed partnership concerned may present his case before an Investigation Committee in person or be represented by an advocate and solicitor at any proceedings of the Committee.

(11) A duly authorised employee of the licensed corporation or licensed partnership concerned may appear before an Investigation Committee on behalf of the licensed corporation or licensed partnership at any proceedings of the Committee.

Findings of Investigation Committee, etc.

8.—(1) An Investigation Committee shall, within 3 months from the date of its appointment, submit a written report of its findings to the Board.

(2) The Board may grant an extension of time to an Investigation Committee to submit the written report of its findings to the Board if the Board is satisfied that the circumstances of the case justify the grant of an extension of time.

(3) An Investigation Committee shall recommend to the Board that —

(a)	no action be taken; or
(b)	a hearing be held by the Board under section 27 or 29 of the Act.

(4) An Investigation Committee shall —

(a)	state the reasons for the recommendations contained in its written report; and
(b)	attach to the written report copies of all relevant documents and statements collected by the Committee during its proceedings.

(5) The Board may, where it thinks fit, require an Investigation Committee —

(a)	to conduct further investigations after the written report prepared by the Committee has been submitted to the Board; and
(b)	to submit a further written report of its findings to the Board within such period as the Board thinks fit.

Made this 30th day of December 2000.

CHUA HUA MENG

President,
Board of Architects,
Singapore.

[ND 202/1-17 Vol.17; AG/LEG/SL/12/97/1 Vol. 1]

(To be presented to Parliament under section 38(3) of the Architects Act).

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