Engineers (Registration) (Amendment) Act, 2009

Link to law: http://laws.gov.ag/acts/2009/a2009-12.pdf

AND BARBUDA

THE ENGINEERS (REGISTRATION) (AMENDMENT) ACT, 2009

No. 12 of 2009

[ Published in the Official Gazette Vol. XXIX No. 83
dated 24th December, 2009. ]

________
Printed at the Government Printing Office, Antigua and Barbuda,

by Paget Terry, Acting Government Printer
— By Authority, 2009.

800—12.09 [Price $4.70]

Passed the Senate on the 16th day of
November, 2009.

Hazlyn M. Francis,
President.

T. Thomas,
Clerk to the Senate.

Passed the House of Representatives on
the 9th day of November, 2009.

D. Gisele Isaac-Arrindell,
Speaker.

T. Thomas,
Clerk to the House of Representatives.

The Engineers (Registration) (Amendment) Act, 2009 No. 12 of 200912

The Engineers (Registration) (Amendment) Act, 2009 No. 12 of 20092 No. 12 of 2009 The Engineers (Registration) (Amendment) Act, 200911

Statutory Declaration

I, hereby declare on oath that the information contained in the above form is true and correct to
the best of my knowledge, information and belief and that there have been no material changes to
my situation since the date of my registration as an engineer.

_____________________________________________________________

Applicant

Sworn before me

at

On the day of 20

____________________________________________

Commissioner of Oaths/Notary Public

Form 2

LICENCE TO PRACTISE ENGINEERING IN ANTIGUA AND BARBUDA

1. Name ______________________________

2. Address: ____________________________

I hereby certify that the above named person is licensed to practise engineering under the
Engineers (Registration) Act, from the day of 20 until the day
of 20 ,

__________________________________________
Registrar /Secretary

THE ENGINEERS (REGISTRATION) (AMENDMENT) ACT, 2009

ARRANGEMENT

Sections
1. Short title.
2. Interpretation
3. Amendment of section 2. of Cap.153
4. Amendment of section 4-Engineers’ Register
5. Amendment of section 5-Application for Registration
6. Amendment of section 9-Qualifications for registration
7. Amendment of section 10-Registration of certain existing practitioners
8. Amendment of section 13-Registration and licensing
9. Insertion of section 13A-Penalties
10. Amendment of the Schedule

No. 12 of 2009 The Engineers (Registration) (Amendment) Act, 20093The Engineers (Registration) (Amendment) Act, 2009 No. 12 of 200910

[Section 13]

Fourth Schedule

Form 1

APPLICATION FOR LICENCE TO PRACTISE ENGINEERING

(INITIAL APPLICANTS AND RENEWALS)

1. Name_____________________________________________________

2. Details of any change of name ___________________________________________

3. Address: __________________________________

_______________________________________________________________________

4. Email address: __________________________

5. Telephone numbers – Home __________________ Business _______________

Cell _____________________

6. Date of registration as an engineer under the Engineers (Registration) Act
_____________________

________________________________________________________________________

7. Details of continuing education courses taken in the last 5 years: ____________

________________________________________________________________________

________________________________________________________________________

Signed

_____________________________________________________________
Applicant

The Engineers (Registration) (Amendment) Act, 2009 No. 12 of 20094 No. 12 of 2009 The Engineers (Registration) (Amendment) Act, 20099

(11) A person who receives a notice of revocation of a licence shall, on the date set out in the
notice, cease to practise as an engineer.

(12) The Board shall provide to the Registrar, the name of a person whose licence has been
revoked, and the Registrar shall publish in the Gazette and a local newspaper, a Notice indicating that
the licence of the person has been revoked and that the person is not a licensed engineer in Antigua
and Barbuda.

(13) The Board may, when there is a question of serious risk to the public, suspend the licence
of an engineer while an investigation is carried out to ascertain whether the engineer’s l c nce ought
to be revoked or until the condition that created the risk no longer exists.

9. Insertion of section 13A

The principal Act is amended by inserting after section 13 the following section—

“13A Penalties

A person who contravenes a provision of this Act commits an offence, and where no penalty is
expressly provided, is liable on summary conviction to a fine not exceeding ten thousand dollars or
imprisonment for a term not exceeding one year.”.

10. Amendment of the Schedule

1. The First Schedule to the principal Act is amended in clause 12 by inserting after the word
“Chairman”, the words “the Registrar”.

2. The Schedule to the principal Act is amended by inserting a Fourth Schedule as follows—

The Engineers (Registration) (Amendment) Act, 2009 No. 12 of 20098

13(1) A person shall not, unless the person is registered under this Ac and holds a valid
licence issued under this Act, in Antigua and Barbuda—

(a) practise engineering;

(b) recover fees for practising engineering; and

(c) sign a certificate that, by law, is required to be signed by an engineer.

(2) A person who is registered as an engineer and who wishes to practise engineering in
Antigua and Barbuda shall—

(a) apply to the Board for a licence on Form 1. set out in the Fourth Schedule;

(b) satisfy the Board that he meets the other requirements of this Act; and

(c) pay the prescribed fee.

(3) The Board shall consider an application for a licence and shall inform the applicant, no later
than 45 days after receipt of the application, whether or not the applicant meets the requirements of
this Act.

(4) If the applicant meets the requirements of this Act, the Board shall issue a licence to practise
Engineering to the applicant in Form 2. set out in the Fourth Schedule.

(5) If the Board is not satisfied that the applicant does not meet the requirements of this Act,
the Board shall provide the reasons for the refusal to license the applicant and indicate to the
applicant the steps that are required in order for the applicant to be eligible to be licensed.

(6) An Engineer licensed to practise engineering shall display the licence in a prominent position
at his place of business.

(7) A licence to practise engineering is valid for one year unless revoked or suspended.

(8) An engineer applying for the renewal of a licence issued under this Act shall apply for a
renewal of the licence on Form 1. set out in the Fourth Schedule no later than 30 days before the date
on which the licence to practise engineering expires.

(9) The Board shall renew the licence of the applicant unless it is satisfied that the person no
longer meets the requirements of this Act.

(10) If the holder of the licence contravenes a provision of this Act or the regulations or rules
made under the Act the Board may revoke the licence to practise engineering by notice in writing,
and shall specify the date on which the revocation takes effect.

No. 12 of 2009 The Engineers (Registration) (Amendment) Act, 20095

[ L.S.]

I Assent,

Louise Lake-Tack,
Governor-General.

21st December, 2009.

ANTIGUA AND BARBUDA

THE ENGINEERS (REGISTRATION) (AMENDMENT) ACT, 2009

No. 12 of 2009

AN ACT to amend the Engineers (Registration) Act Cap.153 and for incidental and connected purposes.

ENACTED by the Parliament of Antigua and Barbuda as follows:

1. Short title

This Act may be cited as the Engineers (Registration) (Amendment) Act, 2009.

2. Interpretation

In this Act “the principal Act” means the Engineers (Registration) Act Cap.153

3. Amendment of section 2 of Cap 153

The principal Act is amended in section 2 by repealing the definition of “Registrar” and substituting
the following:

“Registrar means the Registrar of Companies”;

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4. Amendment of section 4.—Engineers’ Register

The principal Act is amended by repealing section 4 and substituting the following section—

“4(1) The Registrar shall keep an Engineers’ Register on which is listed—

(a) the name and address of every person registered under this Ac ;

(b) the date on which the person’s name was first entered on the Engineers’ Register;

(c) a description of, and the date of—

(i) the qualification in respect of which he is registered, and

(ii) any higher degree or qualification held by the person that he has communicated
to the Board; and

(d) the address of the place of business of every person registered under this Act.”.

(2) The Board may, if it is satisfied that a name of a person appears on the Engineers’ R gi ter
in error, remove the name of that person.

(3) The Board shall provide to the Registrar, the name of a person whose name has been
removed from the Engineers’ Register, and the Registrar shall publish, in the Gazette and a local
newspaper, a Notice indicating that the name of the person was published in error and that the
person is not a registered engineer in Antigua and Barbuda.”.

(4) A person may, at a reasonable time and on payment of the prescribed fee

(a) inspect the Engineers’ Register; or

(b) obtain from the Board a certified copy of a portion of the Engineers’ Register.

5. Amendment of section 5. Application for registration

The principal Act is amended by repealing section 5 and substituting the following section—

5(1) An applicant for registration as an Engineer in Antigua and Barbuda shall—

(a) apply to the Board in writing;

(b) fulfil the requirements of this Act to the satisfaction of the Board and possesses the
prescribed qualifications and experience; and

(c) pay the prescribed fee.

(2) An application under subsection (1) shall be accompanied by—

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(a) evidence of the applicant’s identity in the form of a valid passport or driver’s licence or
another form of valid identification containing a photograph of the applicant and by
which the applicant’s identity can be verified;

(b) proof of the qualifications of the applicant;

(c) proof that the applicant is able to read, write, speak and understand the English language;

(d) two letters of recommendation by persons of good standing in Ant gua and Barbuda
attesting to the applicant’s good character and stating that the applicant is a fit and
proper person to practise engineering in Antigua and Barbuda;

(e) a certificate of good standing from another engineering registering body if the applicant
is registered as an engineer in another State;

(f) proof of work experience; and

(g) any other relevant information.

(3) The Board shall consider an application for registration and shall inform the applicant, no
later than 45 days after receipt of the application, whether or not the applicant meets the requirements
of this Act.

6. Amendment of section 9. Qualifications for registration

The principal Act is amended in section 9 by repealing subparagraph 9 (d) (ii) and substituting the
following—

(ii) an engineering degree granted by another accredited educational institution that,
in the opinion of the Board, is evidence of satisfactory training in engineering.

7. Amendment of section 10. Registration of certain existing practitioners

The principal Act is amended in section 10—

(a) in subsection (1), by repealing the words “within one year of the commencement of this
Act”; and

(b) in paragraph (a) of subsection (1), by inserting after the word “position” the following
words “and submits documentation indicating proof of work done in the relevant field”

8. Amendment of section 13. Registration and licensing

The principal Act is amended by repealing section 13 and substituting the following section—
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