Cap 123 s 5 Appointment and powers of disciplinary board (Buildings Ordinance)

Contents of Section

Chapter:	123	Title:	Buildings Ordinance	Gazette Number:	E.R. 2 of 2012
Section:	5	Heading:	Appointment and powers of disciplinary board	Version Date:	02/08/2012

(1) For the purposes of section 7, the Secretary may, from time to time, appoint a disciplinary board. (Amended 77 of 1994 s. 4; 36 of 1997 s. 2; L.N. 330 of 1999; L.N. 106 of 2002; L.N. 130 of 2007; 20 of 2008 s. 8)
(2) Every disciplinary board to conduct a hearing of disciplinary proceedings against an authorized person, a registered structural engineer or a registered geotechnical engineer consists of— (Amended 16 of 2011 s. 7)

(a) 4 persons who are members of the Authorized Persons', Registered Structural Engineers' and Registered Geotechnical Engineers' Disciplinary Board Panel appointed under section 5A, at least 1 of whom is on the same register and, in the case of the authorized persons' register, on the same list of the register as the person about whom the inquiry is being held; and (Replaced 54 of 1996 s. 6. Amended 36 of 1997 s. 2; 15 of 2004 s. 6)

(b) 1 person selected from among the persons nominated in accordance with subsection (3A). (Replaced 36 of 1997 s. 2)

(2AA)Every disciplinary board to conduct a hearing of disciplinary proceedings against a registered inspector consists of—

(a) 4 persons who are members of the Registered Inspectors' Disciplinary Board Panel appointed under section 5A, of whom at least—

(i) 1 is a person mentioned in section 5A(2A)(a);

(ii) 1 is a person mentioned in section 5A(2A)(b);

(iii) 1 is a person mentioned in section 5A(2A)(c); and

(b) 1 person selected from among the persons nominated in accordance with subsection (3A). (Added 16 of 2011 s. 7)

(2A) The chairman of a disciplinary board shall appoint a legal adviser to assist in the conduct of the hearing of the disciplinary proceedings and to advise the disciplinary board on points of law that arise during the hearing. The disciplinary board may confer with the legal adviser after the conclusion of the hearing and before it hands down its decision but only after giving the person who is the subject of the hearing and his legal representative, if any, the right to be present while the legal adviser gives advice to the disciplinary board and the right to comment on the matters raised by the legal adviser to the disciplinary board. (Added 54 of 1996 s. 6)
(2B) An authorized person, a registered structural engineer, a registered geotechnical engineer or a registered inspector, against whom disciplinary proceedings are taken, is entitled to be represented by a legal practitioner at disciplinary proceedings. (Added 54 of 1996 s. 6. Amended 15 of 2004 s. 6; 16 of 2011 s. 7)
(3) The chairman of a disciplinary board appointed under this section shall be elected from the members of the board by its members. (Amended 36 of 1997 s. 2)
(3A) For the purpose of subsections (2)(b) and (2AA)(b), the Building Authority is to invite such bodies as the Building Authority may think fit to nominate persons for the Secretary to consider for appointment to the disciplinary board. (Added 36 of 1997 s. 2. Amended L.N. 330 of 1999; L.N. 106 of 2002; L.N. 130 of 2007; 20 of 2008 s. 8; 16 of 2011 s. 7)
(4) For the purposes of any inquiry under section 7, a disciplinary board appointed under this section shall have all such powers as are vested in the Court of First Instance in relation to— (Amended 25 of 1998 s. 2)

(a) enforcing the attendance of witnesses and examining them upon oath or otherwise;

(b) compelling the production of documents;

(d) entering upon and viewing premises.

(5) The members of any disciplinary board appointed under this section, other than persons who are in full-time employment in any office of emolument under the Government, shall be remunerated at such rate as the Chief Executive may determine from time to time or in any particular case. (Amended 62 of 2000 s. 3)

(Replaced 52 of 1974 s. 4)
(Format changes—E.R. 2 of 2012)