Architects (Amendment) Rules 2005 - Singapore Statutes Online

No. S 761

Architects Act

(Chapter 12)

Architects (Amendment) Rules 2005

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 (Amendment) Rules 2005 and shall come into operation on 1st December 2005.

New rule 3A

2. The Architects Rules (R 1) are amended by inserting, immediately after rule 3, the following rules:

“Prescribed examinations for purposes of section 15 (2) of Act

3A.—(1) The following examinations shall be the prescribed examinations for the purposes of section 15 (2) (a) (ii) of the Act:

(a)

the Law and the Architect Examination, which tests the applicant’s technical knowledge on the various Acts, by-laws, rules and regulations, limitations, codes of practice, submission and application procedures relating to the practice of architecture in Singapore;

(b)

the Professional Practice Examination, which tests the applicant’s understanding of and his abilities in Contract Administration and Project Management; and

(c)

the Oral Interview Examination (to be conducted only after the applicant has sat for and passed the examinations referred to in sub-paragraphs (a) and (b)), which covers the following areas:

(i)	the topics set out in sub-paragraphs (a) and (b);
(ii)	the data recorded in the applicant’s Professional Case Study, Practical Experience Record Book and Log Book; and
(iii)	the mentoring process of the applicant.

(2) The prescribed oral examination for the purposes of section 15 (2) (b) (ii) of the Act shall be the Professional Practice Interview Examination, which covers the following areas:

(a)	the topics set out in paragraph (1)(a) and (b); and
(b)	the data recorded in the applicant’s Professional Case Study, Practical Experience Record Book and Log Book.

(3) The prescribed oral examination for the purposes of section 15 (2) (c) (ii) of the Act shall be the Professional Interview, in which the applicant will be asked to elaborate on his aspirations in relation to his practice of architecture in Singapore, his professional opinion on improving the architectural practice and standards in Singapore and his achievements in the architectural profession.

(4) The Board shall —

(a)	appoint a Committee of Examiners to conduct the examinations referred to in paragraphs (1), (2) and (3);
(b)	determine the date, time and place for the examinations to be held;
(c)	determine the number of such examinations to be conducted in a year (not being less than one examination per year);
(d)	determine the scope and duration of such examinations;
(e)	determine the procedure for the conduct of such examinations; and
(f)	notify each applicant of the result of his examination as soon as practicable.

Application to sit for prescribed examinations

3B.—(1) Every application to sit for an examination referred to in rule 3A(1), (2) or (3) shall be —

(a)	made in such form and manner as the Board may determine;
(b)	submitted not less than 60 days before the date of the examination;
(c)	accompanied by a copy of the applicant’s Professional Case Study, Practical Experience Record Book and Log Book; and
(d)	accompanied by the appropriate fee specified in the Third Schedule.

(2) Where a person who has applied to sit for any of the examinations referred to in rule 3A(1), (2) or (3) is unable to sit for the examination, the Board may, in its discretion, refund any fee or part thereof paid by that person under this rule.”.

Deletion and substitution of rules 6 and 7

3. Rules 6 and 7 of the Architects Rules are deleted and the following rules substituted therefor:

“Further evidence and other requirements

6.—(1) The Board may require an applicant to furnish such other evidence or particulars as the Board considers necessary to determine whether the applicant is entitled to registration under the Act.

(2) The Board may further require an applicant to submit a project report to demonstrate his experience in the different areas of architectural practice.

Fee for registration

7. Every application for registration under the Act shall be accompanied by the appropriate fee specified in the Third Schedule, and such fee shall not be refundable.”.

Amendment of rule 9

4. Rule 9 of the Architects Rules is amended by deleting paragraph (1) and substituting the following paragraph:

“(1) A registered architect shall, on payment of the appropriate fee specified in the Third Schedule, be issued a certificate of registration duly signed by the Registrar.”.

Deletion of rule 10B

5. Rule 10B of the Architects Rules is deleted.

Deletion and substitution of rule 12

6. Rule 12 of the Architects Rules is deleted and the following rule substituted therefor:

“Fee for application

12. For the purposes of section 18(3)(c) of the Act, every application for a practicing certificate shall be accompanied by the appropriate fee specified in the Third Schedule, and such fee shall not be refundable.”.

Amendment of rule 13

7. Rule 13 of the Architects Rules is amended by deleting paragraph (1) and substituting the following paragraph:

“(1) Where an application for a practising certificate authorising the holder thereof to engage in the practice of architecture during any year or part thereof is made on or after 1st January of that year or after 1st December of the previous year, a late application fee specified in the Third Schedule shall, in addition to the fee payable under rule 12, accompany and be payable in respect of that application, and such late application fee shall not be refundable.”.

Deletion of rule 13D

8. Rule 13D of the Architects Rules is deleted.

Deletion and substitution of heading to Part III

9. The Architects Rules are amended by deleting the heading to Part III and substituting the following heading:

“LICENCES, REGISTER OF LICENSEES
AND NAMES OF PRACTICES”.

Deletion and substitution of rule 17

10. Rule 17 of the Architects Rules is deleted and the following rule substituted therefor:

“Fee

17. Every application for a licence shall be accompanied by the appropriate fee specified in the Third Schedule, and such fee shall not be refundable.”.

Amendment of rule 18

11. Rule 18 of the Architects Rules is amended by deleting paragraph (3) and substituting the following paragraphs:

“(3) For the purposes of section 20(4)(b) of the Act, the type of limited liability partnership which may apply for a licence is one where its partners are either —

(a)	registered architects or allied professionals who each has in force a practising certificate;
(b)	corporations each of which has in force a licence issued under section 22(1) or (2) of the Land Surveyors Act (Cap. 156) or section 20(1) or (2) of the Professional Engineers Act (Cap. 253); or
(c)	limited liability partnerships each of which has in force a licence issued under section 20(4) of the Act or section 20(4) of the Professional Engineers Act.

(4) An application for a licence by a limited liability partnership shall be accompanied by —

(a)	a certified true copy of the statement lodged by the partners of the limited liability partnership with the Registrar of Limited Liability Partnerships under section 15(1) of the Limited Liability Partnerships Act 2005 (Act 5 of 2005);
(b)	a certified true copy of the resolution passed by the partners of the limited liability partnership under section 20(4)(d) (ii) of the Act;
(c)	a declaration by the partner having control and management of the business of the limited liability partnership that in his opinion the limited liability partnership appears to be able to pay its debts as they become due in the normal course of business as at the date of the application; and
(d)	a list of the partners of the limited liability partnership containing particulars as to whether they are registered architects, allied professionals, licensed corporations or licensed limited liability partnerships, and such other particulars as the Board may require.

(5) The Board may require an applicant for a licence to furnish a statutory declaration to support any facts or particulars contained in his application or such other evidence or particulars as the Board considers necessary to determine whether to issue a licence.”.

New rule 18A

12. The Architects Rules are amended by inserting, immediately after rule 18, the following rule:

“Practice names

18A.—(1) No registered architect shall supply any architectural services in Singapore under any practice name unless that practice name has been approved by the Board.

(2) An application for the Board’s approval of a practice name shall be made in such form and manner as the Board may require.

(3) The Board may refuse to approve a practice name if, in its opinion, that practice name is so similar to another existing approved practice name as to be likely to cause confusion to the public.

(4) In this rule, “practice name” means the name of the proprietorship, partnership of wholly registered architects, limited liability partnership or corporation under which a registered architect supplies or intends to supply architectural services in Singapore.”.

Deletion and substitution of heading to Part V

13. The Architects Rules are amended by deleting the heading to Part V and substituting the following heading:

“MISCELLANEOUS PROVISIONS RELATING TO REGISTRATION, CERTIFICATES AND LICENCES”.

Amendment of rule 25

14. Rule 25(2) of the Architects Rules is amended by deleting the words “a fee of $50” and substituting the words “the appropriate fee specified in the Third Schedule”.

New Part VI

15. The Architects Rules are amended by inserting, immediately after rule 27, the following Part:

“PART VI

DISCIPLINARY PROCEDURE

Proceedings of Investigation Committee

28.—(1) An Investigation Committee may meet for the purposes of its investigation and 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 Investigation Committee.

(3) The quorum for a meeting of the Investigation Committee shall be constituted by the chairman of the Investigation Committee and all its members.

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

Service of complaint, etc.

29. Where an Investigation Committee is of the opinion that a registered architect should be called upon to answer any allegation made against him, the Investigation Committee shall serve on him —

(a)	copies of any complaint made against him under section 28 of the Act and any statutory declaration or affidavit that has been made in support of the complaint; or
(b)	any information concerning any improper or dishonourable act of conduct against him and any statutory declaration or any affidavit that has been made in support of the information,

and a notice inviting him, within such period (not being less than 21 days) as may be specified in the notice, to give to the Investigation Committee any written explanation he may wish to offer.

Confidentiality of information

30. All information, including any book, document, paper or other record used by an Investigation Committee in the course of its deliberations shall be confidential and shall not be disclosed to any person unless the Investigation Committee or the Board decides otherwise.

Proceedings of Disciplinary Committee

31.—(1) A disciplinary Committee shall meet from time to time at such place as the chairman of the Disciplinary Committee may determine to formally inquire into any matter referred to it by the Board.

(2) The quorum for a meeting of the Disciplinary Committee shall be constituted by the chairman of the Disciplinary Committee and all its members.

(3) All members of a Disciplinary Committee present at any meeting thereof shall vote on any question arising at the meeting and such question shall be determined by a majority of votes and, in the case of an equality of votes, the chairman shall have a casting vote.

(4) The proceedings before a Disciplinary Committee shall be held in camera.

Attendance by registered architect

32.—(1) The registered architect concerned may appear in person or be represented by counsel at the formal inquiry before the Disciplinary Committee.

(2) Where neither the registered architect nor his counsel is present, the Disciplinary Committee may proceed with the formal inquiry if the Disciplinary Committee is satisfied that section 31E of the Act has been complied with.

Hearing before disciplinary Committee

33.—(1) At any formal inquiry before a Disciplinary Committee, the registered architect under inquiry or his counsel shall be permitted to —

(a)	cross-examine any witness testifying against him;
(b)	give evidence on his own behalf;
(c)	call such witnesses as the registered architect under inquiry may wish to testify for him or on his behalf; and
(d)	have access to information contained in any document at a reasonable time before such document is tendered in evidence.

(2) If the Disciplinary Committee is satisfied that any person concerned in the proceedings is hampering or attempting to hamper the progress of the formal inquiry —

(a)	the Disciplinary Committee shall administer a warning to the person; and
(b)	if after such warning the Disciplinary Committee is satisfied that the person is acting in disregard of the warning, the Disciplinary Committee shall make an entry in the record to that effect and shall proceed to complete the formal inquiry in such a manner as it thinks fit.

Record of proceedings

34.—(1) The chairman of the Disciplinary Committee shall record or cause to be recorded the proceedings of the Disciplinary Committee by such means and in such form as the Disciplinary Committee may decide.

(2) The record of the proceedings of the Disciplinary Committee shall consist of —

(a)	the information obtained by the Disciplinary Committee; and
(b)	a report made by the Disciplinary Committee.

(3) A record of proceedings shall be signed by the chairman and other members of the Disciplinary Committee.

(4) No person is entitled, as of right, to a copy of the record of proceedings of any Disciplinary Committee.”.

Amendment of First Schedule

16. The First Schedule to the Architects Rules is amended —

(a)

by deleting the following words in Form 1:

“

”; and

(b)

by deleting Form 6 and substituting the following Form:

“FORM 6

Rule 16

”.

New Third Schedule

17. The Architects Rules are amended by inserting, immediately after the Second Schedule, the following Schedule:

“THIRD SCHEDULE

Rules 3B(1)(d), 7, 9 (1), 12, 13 (1) and 25 (2)

Fees

First column

Second column

1. Application to sit for the Law and the Architect Examination, Professional Practice Examination and the Oral Interview Examination (rule 3A (1))

$500

2. Application to undergo the Professional Practice Interview Examination (rule 3A (2))

$1,000

3. Application to undergo the Professional Interview (rule 3A (3))

$2,000

4. For an application for registration (rule 7)

$150

5. For an application for a certificate of registration (rule 9 (1))

$150

6. For an application for a practising certificate (rule 12)

$200

7. For a late application for a practising certificate (rule 13)

$50

8. For an application for a licence (rule 17)

$500

9. For an application for a duplicate certificate or licence (rule 25 (2))

$50.”.

[G.N. Nos. S 139/1995; S 394/2000; S 668/2003]

Made this 29th day of November 2005.

CHAN SUI HIM

President,
Board of Architects,
Singapore.

[ND 202/1-18 Vol. 6; AG/LEG/SL/12/2002/1 Vol. 1]

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

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