THE STATUTES OF THE REPUBLIC OF SINGAPORE …

1 THE STATUTES OF THE REPUBLIC OF SINGAPOREPROFESSIONAL ENGINEERS ACT(CHAPTER 253)(Original Enactment: Act 23 of 1991)REVISED EDITION 1992(9th march 1992)Prepared and Published byTHE LAW REVISION COMMISSIONUNDER THE AUTHORITY OFTHE REVISED EDITION OF THE LAWS ACT (CHAPTER 275)Informal Consolidation version in force from 15/1/2018 to 16/7/2018 CHAPTER 253 Professional Engineers ActARRANGEMENT OF SECTIONSPART IPRELIMINARYS ection1. Short title2. Interpretation3. Act not to apply to Government, IIPROFESSIONAL ENGINEERS BOARD4. Establishment of Professional Engineers Board4A. Compulsory voting4B. President of Board4C. Disqualifications for membership of Board4D. Filling of vacancies4E. Meetings and quorum of Board5. Common seal of Board6. Functions of Board7. Committees8. Registers9. Appointment and duties of RegistrarPART IIIPRIVILEGES OF PROFESSIONAL ENGINEERS10.

2 Illegal practice10A. Recognition to carry out professional engineering work outsideSingapore11. Employment of unregistered professional engineer prohibited12. Remuneration for professional engineering services13. Minor building works14. Relationship with architects, Consolidation version in force from 15/1/2018 to 16/7/201811992 IVREGISTRATION OF PROFESSIONAL ENGINEERSS ection15. Qualifications for registration as professional engineers15A. Registration of specialist professional engineers16. Application for registration17. Certificates of registration17A. Amendment of register of professional engineers17B. Removal of name and particulars from register of professionalengineers17C. Reinstatement of registrationPART VPRACTISING CERTIFICATES18. Practising certificates19. Cancellation of practising certificatesPART VIMULTI-DISCIPLINE AND CORPORATE PRACTICE20.

3 Licence for multi-discipline and corporate practice21. Conditions of licence to practise22. Change in composition of board of directors, members, Application of Companies Act24. Liability insurance25. Relationship between client and licensed corporation or limitedliability partnership26. Professional responsibility of supervising engineers26A. Revocation of licence26B. Appeal against order of BoardPART VIIDISCIPLINARY PROCEEDINGS27. Appointment of Investigation Panel28. Complaints against registered professional engineers29. Review of complaints30. Appointment of Investigation Committee31. Powers and procedure of Investigation Committee31A. Findings of Investigation CommitteeProfessional Engineers1992 2532 Informal Consolidation version in force from 15/1/2018 to 16/7/2018 Section31B. Decision of Board31C. Appointment of Disciplinary Committee31D.

4 Observer31E. Professional engineer to be notified of inquiry31F. Powers and procedure of Disciplinary Committee31G. Findings of Disciplinary Committee31H. Appeal against order by Disciplinary Committee31I. Conviction final and conclusive31J. Service of documentsPART VIIIGENERAL31K. Investigators32. Application of fees, etc., received by Board33. Financial penalties payable into Consolidated Fund33A. Public servants34. Penalty for wilful falsification of register and for wrongfullyprocuring registration, Offences by corporations35A. Offences by unincorporated associations or partnerships36. Rules37. Exemption38. No action in absence of bad faith or malicePART IX39. to 45. [Repealed]Schedule Exempt classes of personsAn Act to establish the Professional Engineers Board, to provide forthe registration of professional engineers, to regulate thequalifications and conduct of persons that carry out professionalengineering work, and to regulate corporations, partnerships,limited liability partnerships and limited partnerships whichsupply professional engineering services in SINGAPORE .

5 [Act 36 of 2017 wef 15/01/2018][30th August 1991]Professional Engineers3 CAP. 2531992 Consolidation version in force from 15/1/2018 to 16/7/2018 PART IPRELIMINARYS hort Act may be cited as the Professional Engineers this Act, unless the context otherwise requires allied professional means (a) an architect who is registered under the Architects Act[Cap. 12]; or(b) a land surveyor who is registered under the LandSurveyors Act [Cap. 156]; Board means the Professional Engineers Board establishedunder section 4; builder , building and building works have the samemeanings as in the Building Control Act (Cap. 29); building authority means any person empowered under theprovisions of the Building Control Act to approve plans ofbuilding works; certificate of registration means the certificate of registrationissued under section 17; Disciplinary Committee means a Disciplinary Committeeappointed under section 31C; foreign engineer means any person who is authorised to carryout professional engineering work in a country or territoryoutside SINGAPORE under the law of that country or territory;[Act 36 of 2017 wef 15/01/2018] Investigation Committee means an Investigation Committeeappointed under section 30; Investigation Panel means the Investigation Panel appointedunder section 27;Professional Engineers1992 2534 Informal Consolidation version in force from 15/1/2018 to 16/7/2018 licence means a licence to supply professional engineeringservices granted under section 20.

6 Licensed , in relation to a corporation, partnership or limitedliability partnership, means a corporation, partnership orlimited liability partnership which has in force a licence; licensed professional engineering practice means (a) a limited corporation licensed under section 20(1);(b) an unlimited corporation licensed undersection 20(2);(c) a partnership licensed under section 20(3); or(d) a limited liability partnership licensed undersection 20(4);[Act 36 of 2017 wef 15/01/2018] limited liability partnership has the same meaning given to itby section 4(1) of the Limited Liability Partnerships Act 2005(Act 5 of 2005); limited partnership means a limited partnership registeredunder the Limited Partnerships Act (Cap. 163B);[Act 36 of 2017 wef 15/01/2018] manager (a) in relation to a corporation or partnership, means theprincipal executive officer of the corporation orpartnership for the time being by whatever namecalled and whether or not he is a director or partnerthereof; and(b) in relation to a limited liability partnership, has thesame meaning as in section 2(1) of the LimitedLiability Partnerships Act 2005; nominee , in relation to any person, means a person who isaccustomed or under an obligation (whether formal orinformal) to act in accordance with directions, instructionsor wishes of the first-mentioned person, except that a personshall not be regarded as a nominee of another person byProfessional Engineers5 CAP.

7 2531992 Consolidation version in force from 15/1/2018 to 16/7/2018reason only that he acts on the advice given by that otherperson in a professional capacity; partnership includes a limited partnership;[Act 36 of 2017 wef 15/01/2018] practising certificate (a) in relation to a registered professional engineer,means an annual certificate issued under section 18authorising him to engage in professional engineeringwork in SINGAPORE ;(b) in relation to an allied professional who is an architectregistered under the Architects Act (Cap. 12), means apractising certificate issued under section 18 of thatAct; and(c) in relation to an allied professional who is a landsurveyor registered under the Land Surveyors Act(Cap. 156), means a practising certificate issued undersection 15 of that Act; prescribed branch of professional engineering work meansprofessional engineering work in any of the followingbranches of engineering:(a) chemical engineering;(b) civil engineering;(c) electrical engineering;(d) mechanical engineering;(e) such other branches of engineering as may beprescribed;[Act 36 of 2017 wef 15/01/2018] President means the President of the Board; professional engineering services means consultancy oradvisory services that require a person to engage inprofessional engineering work.

8 Professional engineering work includes any professionalservice, consultation, investigation, evaluation, planning,Professional Engineers1992 2536 Informal Consolidation version in force from 15/1/2018 to 16/7/2018design, or responsible supervision of construction oroperation in connection with any public or privately ownedpublic utilities, buildings, machines, equipment, processes,works or projects wherein the public interest and welfare, orthe safeguarding of life, public health or property is concernedor involved, and that requires the application of engineeringprinciples and data; register of licensees means the register of licensedcorporations, partnerships and limited liability partnershipskept by the Board under section 8(1)(c); register of practitioners means the annual register ofpractitioners kept by the Board under section 8(1)(b); register of professional engineers means the register ofprofessional engineers kept by the Board undersection 8(1)(a); registered means registered under section 15 and cognateexpressions shall be construed accordingly; Registrar means the Registrar of the Board appointed undersection 9; rules means rules made by the Board under section 36; specialist professional engineer means a person registeredunder section 15A as a specialist professional engineer;[Act 36 of 2017 wef 15/01/2018] unlimited corporation means a corporation formed on theprinciple of having no limit placed on the liability of not to apply to Government, (1) Nothing in this Act shall apply to anything done or omittedto be done by the Government or by a public officer under theauthority of the Government.

9 (2) This Act shall not be construed as requiring any public authoritywhich supplies professional engineering services in SINGAPORE underthe provisions of any written law to obtain a licence; and in thisProfessional Engineers7 CAP. 2531992 Consolidation version in force from 15/1/2018 to 16/7/2018subsection, public authority means any body established by orunder any written law and exercising powers vested therein by writtenlaw for a public IIPROFESSIONAL ENGINEERS BOARDE stablishment of Professional Engineers Board4. (1) There shall be established in SINGAPORE a body to be calledthe Professional Engineers Board which shall be a body corporatewith perpetual succession and a common seal, with power, subject tothe provisions of this Act, to sue and be sued in its corporate name, toacquire and dispose of property, both movable and immovable, and todo and perform such other acts as bodies corporate may by lawperform.

10 (2) The Board shall consist of the following members:(a) the Commissioner of Building Control;(b) the President of the Institution of Engineers, SINGAPORE , or aregistered professional engineer of at least 10 years standing to be nominated by him;(c) not more than 6 registered professional engineers who areresident in SINGAPORE and have in force a practisingcertificate (i) to be elected by registered professional engineerswho have in force a practising certificate; or(ii) failing such election, to be appointed by the Ministerunder subsection (4);(d) not more than 6 registered professional engineers to beappointed by the Minister; and(e) a registered architect from the Board of Architects to beappointed by the Minister.(3) Not less than 5 members of the Board shall be in private Engineers1992 2538 Informal Consolidation version in force from 15/1/2018 to 16/7/2018(4) If elections held for the purposes of subsection (2)(c) result inless than 6 persons being elected as members of the Board thereunder,the Minister may appoint such number, as he thinks fit, of registeredprofessional engineers who have in force a practising certificate to bemembers of the Board, except that the number of members soappointed and the number of members elected under subsection (2)(c)shall not exceed 6 in the aggregate.