Professional Engineers (Amendment) Rules 2005

No. S 765

Professional Engineers Act

(Chapter 253)

Professional Engineers (Amendment) Rules 2005

In exercise of the powers conferred by section 36 of the Professional Engineers Act, the Professional Engineers Board, 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 Professional Engineers (Amendment) Rules 2005 and shall come into operation on 1st December 2005.

Deletion and substitution of rule 3

2. Rule 3 of the Professional Engineers Rules (R 1) (referred to in these Rules as the principal Rules) is deleted and the following rule substituted therefor:

“Application for registration as professional engineer

3.—(1) An application to the Board for registration as a professional engineer under the Act shall be made —

(a)	in quadruplicate and in Form 1 set out in the Second Schedule; and
(b)	within 5 years of the applicant having passed the Practice of Professional Engineering Examination referred to in rule 4A(1).

(2) Where a person’s application for registration as a professional engineer under the Act has been refused by the Board, that person shall not be entitled to make another application for registration as a professional engineer until 12 months have elapsed from the date of that application.”.

Amendment of rule 4

3. Rule 4 of the principal Rules is amended —

(a)	by deleting the words “or (b)” in paragraph (1); and
(b)	by deleting the words “section 15(1)(c)” in paragraph (2) and substituting the words “section 15(1)(b)”.

New rules 4A and 4B

4. The principal Rules are amended by inserting, immediately after rule 4, the following rules:

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

4A.—(1) The following examinations shall be the prescribed examinations for the purposes of section 15(2)(b) of the Act:

(a)	the Fundamentals of Engineering Examination, which tests the applicant’s knowledge of fundamental engineering subjects in the appropriate branch of engineering; and
(b)	the Practice of Professional Engineering Examination, which tests the applicant’s ability to apply his knowledge and experience in professional engineering practice, and his knowledge of the rules and regulations regulating the practice of professional engineering in the appropriate branch of engineering.

(2) The Board shall —

(a)	appoint a Committee of Examiners to conduct the examinations referred to in paragraph (1);
(b)	determine the date, time and place for the examinations to be held;
(c)	determine the frequency of such examinations (not being less than once 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 examination

4B.—(1) Every application to sit for an examination referred to in rule 4A(1) 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; and
(c)	accompanied by the appropriate fee specified in the Third Schedule.

(2) A person may apply to sit for the Fundamentals of Engineering Examination referred to in rule 4A(1)(a) after he has obtained any of the qualifications referred to in section 15(1) of the Act.

(3) A person may apply to sit for the Practice of Professional Engineering Examination referred to in rule 4A(1)(b) after he has —

(a)	completed 4 years of practical experience relevant to the branch of engineering that he seeks to be registered in; and
(b)	sat for and passed the Fundamentals of Engineering Examination.

(4) Where a person who has applied to sit for any of the examinations referred to in rule 4A(1) 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.”.

Amendment of rule 5

5. Rule 5 of the principal Rules is amended —

(a)

by deleting the words “or (b)”;

(b)

by deleting the words “or structural” in paragraph (a);

(c)

by deleting sub-paragraph (i) of paragraph (a) and substituting the following sub-paragraph:

“(i)	during a period of not less than 12 months in a design office whilst under the supervision of a registered professional engineer who has in force a practising certificate; and”;

(d)

by deleting the words “in the employ of the Government or” in paragraph (a)(ii);

(e)

by deleting paragraph (b) and substituting the following paragraph:

“(b)

where the person seeks to be registered in the electrical or mechanical engineering discipline, the practical experience shall be practical experience in electrical or mechanical engineering work, as the case may be, obtained during a period of not less than 2 years whilst under the supervision of a registered professional engineer who has in force a practising certificate;”;

(f)

by deleting paragraph (c); and

(g)

by deleting the words “seeks to be registered in other branches of engineering and for engineers” in paragraph (d) and substituting the word “is”.

Amendment of rule 8

6. Rule 8 of the principal Rules is amended by deleting the words “a fee of $150 which shall be in the form of a bank draft or cheque made in favour of the Board” and substituting the words “the appropriate fee specified in the Third Schedule”.

Amendment of rule 9

7. Rule 9 of the principal Rules is amended —

(a)	by deleting the words “the Form 2” in paragraph (1) and substituting the words “Form 2”; and
(b)	by deleting the words “a fee of $150” in paragraph (2) and substituting the words “the appropriate fee specified in the Third Schedule”.

Amendment of rule 10

8. Rule 10 of the principal Rules is amended by deleting the words “section 28 (2)” and substituting the words “section 17B (5)”.

New Part IIA

9. The principal Rules are amended by inserting, immediately after rule 10, the following Part:

“PART IIA

REGISTRATION AND REGISTER OF SPECIALIST PROFESSIONAL ENGINEERS

10A. The Registrar shall maintain a register of specialist professional engineers in Form 2 of the First Schedule.

Application for registration as specialist professional engineer

10B.—(1) An application to the Board for registration as a specialist professional engineer shall be made in such form and manner as the Board may determine and shall be accompanied by the appropriate fee specified in the Third Schedule.

(2) Any fee paid under paragraph (1) shall not be refundable.

Qualifications and training of specialist professional engineer

10C.—(1) Subject to paragraph (3), the Board may register the applicant as a specialist in the appropriate specialised branch of engineering specified in the first column of the Fourth Schedule if the Board is satisfied that the applicant —

(a)	is a registered professional engineer in the appropriate basic branch of engineering specified in the second column of that Schedule;
(b)	has a valid practicing certificate; and
(c)	has met all the requirements specified in the relevant part of the third column of that Schedule.

(2) In determining whether the applicant has acquired the requisite practical experience referred to in the relevant part of the third column of the Fourth Schedule, the Board may require the applicant to undergo an interview.

(3) The Board may register the applicant as a specialist in the appropriate specialised branch of engineering subject to such conditions as it thinks fit.

Specialist registration examination

10D.—(1) For the purposes of section 15A(1)(a) of the Act, the prescribed examination shall be a Specialist Registration Examination which tests the applicant in the specialised subjects relevant to his application for registration as a specialist in the appropriate branch of engineering specified in the first column of the Fourth Schedule.

(2) The Board shall determine the date, time and place for the examination to be held.

Application for specialist examination

10E.—(1) Every application to sit for an examination referred to in rule 10D (1) shall be —

(a)	made in such form and manner as the Board may determine; and
(b)	accompanied by the appropriate fee specified in the Third Schedule.

(2) Where a person who has applied to sit for an examination referred to in rule 10D (1) 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.

Certificate of specialist registration

10F.—(1) A certificate of specialist registration shall be in Form 4 set out in the Second Schedule.

(2) A specialist professional engineer shall, on payment of the appropriate fee specified in the Third Schedule, be issued a certificate of registration duly signed by the Registrar.

Practising certificate for specialist professional engineer

10G. Where a registered professional engineer has been registered under this Part as a specialist professional engineer, the Board shall, upon payment by him of the appropriate fee specified in the Third Schedule, issue to him a practicing certificate in Form 6 (2) set out in that Schedule.

Refusal to register and appeal against refusal to register

10H.—(1) Where the Board refuses to register an applicant as a specialist professional engineer under this Part, it shall by notice in writing inform the applicant of such refusal.

(2) Any person whose application for registration as a specialist professional engineer has been refused by the Board may, within 30 days after being notified of such refusal, appeal to the Minister whose decision shall be final.

Removal of name from register

10I.—(1) Where the name and particulars of a registered specialist professional engineer have been removed from the register of professional engineers under section 17B(1) or (2) or 31G (2)(a) of the Act, his name and particulars shall also be automatically removed from the register of specialist professional engineers.

(2) A person whose name and particulars have been removed from the register of specialist professional engineers shall not be reinstated to that register unless he —

(a)	has first been reinstated to the register of professional engineers; and
(b)	has made an application to be re-registered as a specialist professional engineer.”.

Re-numbering of rules 10A and 10B

10. The principal Rules are amended by re-numbering the existing rules 10A and 10B as rules 10J and 10K, respectively.

Amendment of rule 11

11. Rule 11 of the principal Rules is amended by deleting the words “the Form 2” and substituting the words “Form 3”.

Amendment of rule 12

12. Rule 12 of the principal Rules is amended by deleting the words “the Form 4” and substituting the words “Form 5”.

Deletion and substitution of rule 13

13. Rule 13 of the principal Rules is deleted and the following rule substituted therefor:

“Fee for application

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

Amendment of rule 14

14. Rule 14 (1) of the principal Rules is amended by deleting the words “a fee of $50 in addition to the fee prescribed in rule 13” and substituting the words “the appropriate fee specified in the Third Schedule in addition to the fee payable under rule 13”.

Amendment of rule 16

15. Rule 16 of the principal Rules is amended by deleting the words “in the Form 5” and substituting the words “in the appropriate version of Form 6”.

Amendment of rule 17

16. Rule 17 of the principal Rules is amended by deleting the words “the Form 3” and substituting the words “Form 4”.

Amendment of rule 18

17. Rule 18 of the principal Rules is amended by deleting the words “the Form 6” and substituting the words “Form 7”.

Amendment of rule 19

18. Rule 19 of the principal Rules is amended by deleting the words “a fee of $300 which shall be in the form of a bank draft or cheque made in favour of the Board” and substituting the words “the appropriate fee specified in the Third Schedule”.

Amendment of rule 20

19. Rule 20 of the principal 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 professional engineers or allied professionals who each has in force a practising certificate;
(b)	limited corporations each of which has in force a licence issued under section 20(1) of the Act, section 20(1) of the Architects Act (Cap. 12) or section 22(1) of the Land Surveyors Act (Cap. 156);
(c)	unlimited corporations each of which has in force a licence issued under section 20(2) of the Act, section 20(2) of the Architects Act or section 22(2) of the Land Surveyors Act; or
(d)	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 Architects 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; and
(c)	a list of the partners of the limited liability partnership containing particulars as to whether the partners are registered professional engineers, 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.”.

Amendment of rule 21

20. Rule 21 of the principal Rules is amended by deleting the words “the Form 7” and substituting the words “Form 8”.

Amendment of heading to Part V

21. The heading to Part V of the principal Rules is amended by inserting, immediately after the word “MISCELLANEOUS”, the words “PROVISIONS RELATING TO REGISTRATION, CERTIFICATES AND LICENCES”.

Amendment of rule 24

22. Rule 24 (2) of the principal 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

23. The principal Rules are amended by inserting, immediately after rule 26, the following Part:

“PART VI

DISCIPLINARY PROCEDURE

Proceedings of Investigation Committee

27.—(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 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.

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

(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 dishonorable act or conduct against him and any statutory declaration or affidavit that has been made in support of the information.

Confidentiality of information

29. All information, including such book, document, paper or other records 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

30.—(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 professional engineer

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

(2) Where neither the registered professional engineer 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

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

(a)	cross-examine the witnesses against the registered professional engineer;
(b)	give evidence on his own behalf;
(c)	call such witnesses as the registered professional engineer 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 manner as it thinks fit.

Record of proceedings

33.—(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) The report made by the Disciplinary Committee 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.”.

Deletion and substitution of First and Second Schedules and New Third and Fourth Schedules

24. The First and Second Schedules to the principal Rules are deleted and the following Schedules substituted therefor:

“FIRST SCHEDULE

Rule 2(1)

SECOND SCHEDULE

Rule 3

THIRD SCHEDULE

Rules 4B(1), 8, 9(2), 10B(1), 10E(1), 10F(2), 10G, 13, 14(1), 19 and 24(2)

Fees

1. Application to sit for the Fundamentals of Engineering Examination (rule 4B(1))

$350

2. Application to sit for the Practice of Professional Engineering Examination (rule 4B(1))

$450

3. Application for registration as a professional engineer (rule 8)

$150

4. Certification of registration as a professional engineer (rule 9(2))

$150

5. Application for registration as a specialist professional engineer (rule 10B(1))

$150

6. Application to sit for examination for registration as a specialist professional engineer (rule 10E(1))

$1,200

7. Certification of registration as a specialist professional engineer (rule 10F(2))

$150

8. Application for a practising certificate in a specialised branch of engineering (rules 10G and 13)

$250 per year or part thereof

9. Application for a practicing certificate (rule 13)

$150 per year or part thereof

10. Additional fee for late application for a practising certificate (rule 14(1))

$50

11. Application for a licence to supply professional engineering services (rule 19)

$300

12. Application for a duplicate certificate or a licence (rule 24(2))

$50.

FOURTH SCHEDULE

Rules 10C and 10D

Requirements for Registration As
Specialist Professional Engineers

First column

Second column

Third column

Specialised branch of engineering

Basic branch of engineering

Qualifications, training, special knowledge, practical experience, other conditions

Geotechnical engineering

Civil

The applicant is required to satisfy any of the following sets of conditions:

Set (A)

(i) he has at least 7 years of recognised practical experience in engineering after obtaining the qualifications referred to in section 15(1) of the Act;

(ii) he has at least 4 years of recognised practical experience in geotechnical engineering during the period of his practical experience referred to in paragraph (i); and

(iii) he has a post-graduate engineering degree (such as M.Sc or PhD) majoring in geotechnical engineering from a university set out in the Schedule of the Professional Engineers (Approved Qualifications) Notification 2005 (G.N. No. S 768/2005); or

Set (B)

(i) he has at least 7 years of recognised practical experience in engineering after obtaining the qualifications referred to in section 15(1) of the Act;

(ii) he has at least 5 years of recognised practical experience in geotechnical engineering during the period of his practical experience referred to in paragraph (i); and

(iii) he has sat and passed a specialist registration examination on geotechnical engineering conducted by the Board; or

Set (C)

(i) he submits his application within 12 months from 1st December 2005;

(ii) he has at least 10 years of recognised practical experience in engineering after obtaining the qualifications referred to in section 15(1) of the Act; and

(iii) he has at least 6 years of recognised practical experience in geotechnical engineering during the period of his practical experience referred to in paragraph (ii).”.

Savings and transitional provisions

25.—(1) Subject to paragraph (2), the requirement to sit for the Fundamentals of Engineering Examination and the Practice of Professional Engineering Examination under rule 4A (prescribed examinations for purposes of section 15(2)(b) of the Act) of the principal Rules shall not apply to any person who submits an application for registration as a professional engineer before 1st December 2005.

(2) The requirement to sit for the Fundamentals of Engineering Examination under rule 4A (prescribed examinations for purposes of section 15(2)(b) of the Act) of the principal Rules shall not apply to any person who —

(a)	submits an application for registration as a professional engineer within 6 months from 1st December 2005; and
(b)	after obtaining the degree or qualification referred to in section 15(1)(a) of the Act, has acquired at least 5 years of practical experience referred to in rule 5 of the principal Rules as at 1st December 2005. [G.N. Nos. S 165/1995; S670/2003]

Made this 29th day of November 2005.

CHUA KOON HOE

President,
Professional Engineers Board,
Singapore.

[ND 202/1-36 Vol. 6; AG/LEG/SL/253/2003/1 Vol. 2]

(To be presented to Parliament under section 36(3) of the Professional Engineers Act).

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