Architects (Election of Board Members) Rules 2005

No. S 632

Architects Act

(Chapter 12)

Architects (Election of Board Members) 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 (Election of Board Members) Rules 2005 and shall come into operation on 1st October 2005.

Definitions

2. In these Rules, unless the context otherwise requires —

“elected members”, in relation to the Board, means the members of the Board referred to in section 4A(1)(c) of the Act;

“practising architect” means a registered architect who has in force a valid practising certificate.

Returning officer

3.—(1) The Registrar, or any other person whom the Board may from time to time appoint, shall be the returning officer for the purpose of section 4A (1) (c) (i) of the Act.

(2) The returning officer may appoint assistant returning officers who shall act under the direction of the returning officer.

Notice of nomination

4.—(1) For the purpose of section 4A (1) (c) (i) of the Act, the returning officer shall determine —

(a)	the date, time, place, manner and procedure for submitting nomination papers;
(b)	the date for balloting which shall be not more than 60 days after the close of nominations; and
(c)	the time and place at which, and the manner by which, the ballot is to be conducted.

(2) The returning officer shall cause a notice to be sent to every practising architect informing him of the matters referred to in paragraph (1), together with a nomination paper which shall be in such form as the Board may determine.

Nominations

5.—(1) Every practising architect who desires to nominate a candidate for election as a member of the Board shall —

(a)	enter his own name as proposer and sign on the nomination paper referred to in rule 4(2);
(b)	enter on the nomination paper the name of the candidate and have the consent of the candidate endorsed thereon;
(c)	enter on the nomination paper the name of 4 seconders for the candidate and have the signatures of the seconders endorsed thereon; and
(d)	submit the nomination paper in the manner fixed by the returning officer under rule 4(1)(a) together with such information concerning the candidate as the returning officer may require.

(2) No person other than a practising architect shall propose or second the nomination of any candidate.

(3) A proposer shall not nominate more candidates in any election than the number of vacancies to be filled in that election.

Vacancies filled by number of nominations

6. Where there are no more valid nominations than the number of vacancies to be filled in any election, the returning officer shall declare the candidates nominated to be elected.

Vacancies exceeded by number of nominations

7. Where there are more valid nominations than the number of vacancies to be filled in any election, the returning officer shall cause a notice to be sent to every practising architect containing instructions relating to —

(a)	the date, time and place for balloting;
(b)	the manner and procedure for balloting; and
(c)	the names of the candidates and such other relevant information as the returning officer may determine.

No soliciting or canvassing for votes

8.—(1) No person shall do any of the following except in the manner permitted by the returning officer:

(a)	canvass for votes;
(b)	solicit the vote of any person; or
(c)	cause any other person to do any act referred to in sub-paragraph (a) and (b).

(2) Any person who contravenes paragraph (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.

Form and manner of voting

9.—(1) Voting shall be by secret ballot.

(2) Balloting shall be conducted in such form and manner, whether manually or by mechanical or electronic means, as the returning officer may determine.

Proof of identity

10. Every practising architect who votes shall produce such proof of identity as the returning officer may require.

Penalty for failure to vote

11. The penalty under section 4B(2)(b) of the Act for failure to vote is $300.

Counting of votes

12.—(1) The returning officer shall —

(a)	cause the votes given to each candidate to be counted, whether manually or by mechanical or electronic means; and
(b)	declare to be elected the candidate or candidates with the highest numbers of votes.

(2) If there is an equality of votes, the successful candidate or candidates shall be determined by drawing lots.

(3) The returning officer shall cause a notice to be sent to every registered architect informing him of the results of the election.

Storage of records

13. Subject to any direction that the President may give, the records of the vote shall be retained securely by the Board for 3 months.

Complaints to Board

14.—(1) Subject to paragraph (2), any question arising out of the election as to whether —

(a)	a person is a practising architect;
(b)	a candidate has been validly nominated; or
(c)	a vote may be counted,

shall be decided by the returning officer.

(2) Any person aggrieved by any act or decision of the returning officer may, not later than 7 days after the results of an election have been declared, complain to the Board, which may investigate the complaint and take such action (including declaring the election void in whole or in part) as the Board may think fit.

(3) Any complaint that a candidate or any person on his behalf has used corrupt methods or undue influence in order to secure the election or rejection of a candidate, or has contravened rule 8(1), shall be made to the Board which may investigate the complaint and take such action (including declaring the election void in whole or in part) as the Board may think fit.

(4) No failure to comply with these Rules shall invalidate an election if it appears that the election was conducted in accordance with the principles laid down in these Rules, and that the failure did not affect the results of the election.

Made this 28th day of September 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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