PART II | GENERAL LICENSING CONDITIONS |
| 3. The licensing authority in respect of every licence granted under these Regulations shall be the Authority with the consent of, or under the terms of a general authority given by, the Minister. |
4.—(1) The Authority shall publish a Code of Practice setting out the technical standards and specifications for the performance or carrying out of telecommunication wiring work, which the Authority may, from time to time, modify. | (2) The Code of Practice may be made available to any person upon request and upon payment of the fee specified in the First Schedule. |
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| Telecommunication wiring contractor’s class licence |
5.—(1) Subject to regulation 8, no person other than a holder of a telecommunication wiring contractor’s class licence shall —| (a) | act as a telecommunication wiring contractor; | | (b) | advertise, notify or state that he carries on or is willing to carry on the business of a telecommunication wiring contractor; or | | (c) | in any way hold himself out as ready to undertake for payment or other remuneration (whether monetary or otherwise) any of the functions of a telecommunication wiring contractor. |
(2) A person shall be deemed to have been granted a telecommunication wiring contractor’s class licence if he has —| (a) | registered with the Authority in such form and manner as may be specified by the Authority; | | (b) | submitted to the Authority upon registration such information in writing as the Authority may require; and | | (c) | paid to the Authority the fee specified in the First Schedule. |
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(3) A telecommunication wiring contractor’s class licensee shall —| (a) | comply with the conditions of class licence set out in the Second Schedule; and | | (b) | notify the Authority in writing of any change in any information furnished to the Authority under this regulation within 14 days of such change. |
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| (4) The Authority may issue a written acknowledgment in such form as the Authority may determine to indicate that a telecommunication wiring contractor has been granted a telecommunication wiring contractor’s class licence in accordance with these Regulations. |
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| Telecommunication wiring installer’s licence |
6.—(1) Subject to regulation 8, no person other than a holder of a telecommunication wiring installer’s licence shall —| (a) | act as a telecommunication wiring installer; | | (b) | advertise, notify or state that he carries on or is willing to carry on the business of a telecommunication wiring installer; or | | (c) | in any way hold himself out as ready to undertake for payment or other remuneration (whether monetary or otherwise) any of the functions of a telecommunication wiring installer. |
(2) An application for a telecommunication wiring installer’s licence shall be made to the Authority in such form and manner as the Authority may require and shall be accompanied by —| (a) | the appropriate fee specified in the First Schedule; and | | (b) | such particulars, information and documents as the Authority may require. |
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| (3) The Authority may refuse to grant an application for a telecommunication wiring installer’s licence if the Authority is not satisfied as to the educational qualification or experience of the applicant, having regard to the nature of the duties of a telecommunication wiring installer. |
| (4) A telecommunication wiring installer’s licence shall be in such form as may be provided by the Authority and shall be subject to such conditions as the Authority may, from time to time, determine. |
| (5) The Authority may at any time, by notice in writing, vary all or any of the conditions upon which a telecommunication wiring installer’s licence is granted or impose additional conditions and the licensee shall, at his own expense, comply with the varied or additional conditions. |
| (6) A telecommunication wiring installer’s licensee shall notify the Authority in writing of any change in any information furnished to the Authority under this regulation or as specified in his licence within 14 days of such change. |
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| 7. A licence shall remain valid unless cancelled or suspended in accordance with the provisions of the Act or these Regulations. |
| Wiring work within own premises |
8.—(1) Regulations 5 (1) and 6 (1) shall not apply to any person who performs or carries out any telecommunication wiring work in any premises of which he is the owner or occupier.| (2) No owner or occupier of any premises shall perform or carry out any telecommunication wiring work in that premises unless such work is done in accordance with the Code of Practice. |
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| No assignment, transfer, etc., of benefits of licence |
| 9. A licensee shall not assign, transfer, sublet or otherwise dispose of the benefit of any licence granted under these Regulations, or permit another person to participate in any of the benefits, powers or authority granted under the licence except with the consent in writing of the Authority. |
10.—(1) If the Authority is satisfied that any licence has been lost, destroyed or defaced, the Authority may, upon payment of the fee specified in the First Schedule, issue a replacement licence. | (2) No replacement licence shall be issued in place of a defaced licence unless the defaced licence is first surrendered to the Authority for cancellation. |
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| Cancellation and suspension of licence |
11.—(1) The Authority may, by notice in writing, cancel or suspend, for such period as it thinks fit, a licence if the licensee —| (a) | has performed or carried out any telecommunication wiring work otherwise than in accordance with the Code of Practice; | | (b) | has caused or allowed any telecommunication wiring work to be performed or carried out by an unlicensed telecommunication wiring installer; | | (c) | has made, or caused, or allowed to be made or produced in or in connection with any application by him, or on his behalf, for a licence, any false, misleading or inaccurate information, whether in writing or not; | | (d) | has, in the opinion of the Authority, contravened any of the provisions of the Act or these Regulations or with any of the conditions of the licence; | | (e) | gives notice to the Authority in such form and manner as the Authority may determine that he has ceased to be a telecommunication wiring contractor or telecommunication wiring installer, as the case may be; | | (f) | has ceased to carry on any business or trade as a telecommunication wiring contractor or telecommunication wiring installer and his registration, if any, of the business under the Business Registration Act (Cap. 32) is cancelled; or | | (g) | being a company incorporated under the Companies Act (Cap. 50) or a limited liability partnership registered under the Limited Liability Partnerships Act 2005 (Act 5 of 2005), has gone into liquidation other than for the purpose of amalgamation or reconstruction. |
| (2) Upon the cancellation or during the period of suspension of any licence, the licensee shall for the purposes of the Act and these Regulations be deemed to be not licensed. |
| (3) The licensee whose licence is cancelled or suspended shall, if required by the Authority, surrender the licence to the Authority within such time as the Authority may specify. |
| (4) A licensee whose licence has been cancelled or suspended by the Authority, or terminated at his own request, shall not be entitled to any compensation or refund of fees by the Authority in respect of the unexpired period of the licence. |
| (5) A cancellation of a telecommunication wiring contractor’s class licence of a person shall not operate so as to prevent such person from subsequently being deemed a holder of such a licence in accordance with regulation 5. |
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| Inspection of telecommunication wiring work at user’s request |
12.—(1) The Authority may, at the request of any user, inspect the telecommunication wiring work performed or carried out by a licensee to ensure that such work is in accordance with the Code of Practice. (2) Upon inspection, the Authority may —| (a) | advise the user that the telecommunication wiring work has been carried out in accordance with the Code of Practice; or | | (b) | where any telecommunication wiring work has not been carried out in accordance with the Code of Practice, direct the licensee in writing to regularise, within such period as the Authority may determine and to its satisfaction, such telecommunication wiring work at his own expense. |
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| (3) Any licensee who fails to comply with the directions issued by the Authority under paragraph (2)(b) shall be guilty of an offence. |
| (4) The Authority may impose the fee specified in the First Schedule for the second or any subsequent inspection requested by the user under paragraph (1). |
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13.—(1) The Authority may, from time to time, cause the names of all persons who hold valid licences and such other information as the Authority thinks fit to be entered in a register kept for that purpose. | (2) The Authority may make available the list of licensees to any person upon request. |
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| Cessation or refusal by licensees to perform or carry out telecommunication wiring work |
14. A licensee may, with the approval of the Authority, cease or refuse to perform or carry out any telecommunication wiring work for any user if he is of the opinion that —| (a) | the user’s internal telecommunication wiring is not in accordance with the Code of Practice; or | | (b) | such telecommunication wiring work is likely to threaten the safety or proper functioning of any telecommunication system of a public telecommunication licensee. |
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