Engineers (Registration) Act

Link to law: http://laws.gov.ag/acts/chapters/cap-153.pdf
Published: 1987

Enjineers (Registration) (CAP. 153 1

CHAPTER 153

T H E ENGINEERS (REGISTRATION) ACT

Arrangement of Sections
Section

Part I (Preliminary)

1. Short title.
2. Interpretation.

Part I1 (Registration)

Establishment of the Board.
Engineers' register.
A lication for registration. p p.
Reciprocity.
Registration of Consulting Specialists.
Registration of certain existing Government

practitioners.
Qualifications for registration.
Registration of certain existing practitioners.
Additional degrees and diplomas may be entered in

register.
Corrections of register.
Registered engineers entitled to practise engineering.
Permitted practice by persons not registered as engineers.
Validity of engineers' certificate.
Unregistered person not entitled to recover rernunera-

tion for practice of engineering.
Prohibitions affecting nonregistered engineers re practice

as engineers.
Partnerships, associations or corporations.
When and how persons may be required to register.

Part I11 (Discipline)

20. Disciplinary committee.
21. Disciplinary powers of the Board.

LAWS OF ANTIGUA AND BARBUDA

2 CAP. 153) Engineers (Registration)

22. Practice during suspension an offence.
23. Appeal.

Part IV (Miscellaneous)

24. Publication in Gazette of ~articulars relating to the
register.

25. Evidence.
26. Regulations.

FIRST SCHEDULE.
SECOND SCHEDULE.
THIRD SCHEDULE.

LAWS OF ANTIGUA AND BARBUDA

Engineers (Registration) (CAP. 153 3

ENGINEERS (REGISTRATION)

An Act to make provisions for the registration, practice
and discipline of engineers and matters connected therewith
or incidental thereto.

(1st February, 1987.)

Part I Preliminary

1. This Act may be cited as the Engineers (Registra- short title.
tion) Act.

2. (1) In this Act- Interpretation.

"Board" means the Engineers' Registration Board
established under section 3;

"Chairman" means the chairman of the Board;

"engineering" means the advising and reporting on,
the designing, inspection and construction of any
of the works, operation or other matters set out
in the Third Schedule; Third Schedule.

"Minister" means the member of Cabinet for the time
being responsible for Legal Affairs;

"register" means the register of engineers kept by the
Registrar in accordance with the provisions of
section 6;

"Registrar" means the Registrar of the High Court;

"Secretary" means the Secretary of the Board.

(2) The Minister may, on the recommendation of the
Board, amend the Third Schedule by the addition thereto
or the deletion therefrom of any works, operations or other
matters.

LAWS OF ANTIGUA AND BARBUDA

4 CAP. 153) Engineers (Registration)

Part I1 Registration

Establishment of 3 . ( 1 ) For the purposes of this Act there is establish-
the Board. ed a Board to be known as the Engineers' Registration Board

which shall be a body corporate to which the provisions of
Cap. 224. section 22 of the Interpretation Act shall apply.

First Schedule. ( 2 ) The provisions of the First Schedule have effect with
respect to the constitution and procedure of the Board and
otherwise in relation thereto.

Engineers'
register.

4. ( 1 ) The Registrar shall keep a register to be known
as the Engineers' Register in which he shall cause to be
entered the name, address, qualifications and such other par-
ticulars as may be prescribed, of every person who is entitled
to be registered as an engineer under this Act.

( 2 ) The register shall be open to inspection by any
member of the public at all reasonable times.

(3) After the commencement of this Act every person
who is qualified to be registered as an engineer under this
Act and desires to practise as such in Antigua and Barbuda
shall in the month of January in every year cause his name
to be entered by the Registrar in the register and on pay-
ment of the prescribed fee is entitled to obtain a certificate
of such registration.

A lication for p? 5 . An application for registration shall be in writing reg~stration.
signed by the applicant and delivered to the Secretary of the
Board and shall set out-

( a ) evidence of the applicant's qualifications and
experience;

( 6 ) proof of his identity;

and the statements made in the application shall be verified
by statutory declaration.

Reciprocity. 6 . (1) The Board may, upon application, register as
an engineer any person who furnishes satisfactory proof-

(a) that he resides out of Antigua and Barbuda;

(6) that he is registered as an engineer in another
country whose requirements for registration are no less

LAWS OF ANTIGUA AND BARBUDA

Engineers (Registration) (CAP. 153 5

exacting than those required for registration in Antigua
and Barbuda;

(c) that reciprocal arrangements exist between the
Registration Boards of Antigua and Barbuda and that
other country;

(6) that he has obtained the necessary work permit
under the Antigua and Barbuda Labour Code.

7. (1) Notwithstanding anything to the contrary in Registration of
Consulting

this Act, if the Board is satisfied that any person- Specialists.

( a ) is not normally resident in Antigua and
Barbuda;

(b) is a Consulting Specialist in a field of engineer-
ing who has not less than ten years experience in the
practice of his profession;

(c) has qualifications at least equal to those required
for registration as an engineer in Antigua and Barbuda;
and

(6) has obtained the necessary work permit under
the Antigua and Barbuda Labour Code;

such person may be registered as an engineer and on pay-
ment of the prescribed fee is entitled to obtain a certificate
of such registration.

(2) A certificate issued under this section shall specify
therein the work upon which and the name of the employer
in Antigua and Barbuda by whom the holder of the certificate
is to be employed and the period for which it is issued, but
in no case shall the period extend beyond the calendar year
in which the certificate is issued.

(3) The names of persons to whom certificates of
registration are issued under this section shall appear in a
separate part of the register.

8. (1) Notwithstanding section 9, the Registrar may Registration of
certain existing

issue a certificate of registration to a person holding a posi- ~o,ern,ent
tion in Government at the time of commencement of this practitioners.
Act which would ordinarily be occupied by an engineer and
providing that such registration shall entitle that person to

LAWS OF ANTIGUA AND BARBUDA

6 CAP. 153) En,gineers (Refistration)

practise only the engineering which specifically relates to that
position.

(2) Every such certificate shall be renewable annually
after the commencement of this Act.

(3) The holder of any such certificate shall be deemed
to be registered as an engineer for the specific purposes as
indicated in subsection (1).

(4) The Registrar may cancel any certificate issued
under this section at any time on the direction of the Board.

(5) No fee shall be payable in respect of any registra-
tion under this section or in respect of the issue of any
certificate thereunder.

(6) The names of persons to whom certificates are issued
under this section shall appear in a separate part of the
register.

Qualifications for 9. (1) Every person is entitled to be registered as an
registration.

engineer under this Act if on application made to the Board
he satisfies the Board that-

(a) he is resident in Antigua and Barbuda;

(b) he is a fit and proper person to practise
engineering in Antigua and Barbuda;

(c) he is not less than twenty-one years of age;

(d) he has been awarded-

(i) a degree in engineering by the University of
the West Indies; or

(ii) a degree, diploma or other qualification from
a university or other place of learning, that
in the opinion of the Board, is evidence of
satisfactory training in engineering; and

(e) that he has had at least four years of such
experience in engineering as the Board approves;

Registration of 10. ( 1 ) Notwithstanding section 9, any person who
certain existing
practitioners. does not possess the qualifications specified in that section,

LAWS OF ANTIGUA AND BARBUDA

Engineers (Rezistration) (CAP. 153 7

but who, on application made to the Board within one year
of the commencement of this Act, satisfies the Board that-

( a ) he has not less than ten years' experience in
the practice of engineering in a responsible position; and

( b ) he is a fit and proper person to be registered
as an engineer,

is entitled. to be registered as an engineer.

(2) In determining whether a person satisfies the
requirements of subsection (1) the Board may conduct such
investigation relating to the experience in engineering of such
person as it considers necessary and may require such per-
son to undergo a written or oral examination in engineering
or both such written and oral examination.

(3) A decision of the Board with respect to the entitle-
ment of a person to be registered under this section is final.

1 . Every person registered under this Act, who
degrees and

obtains any higher degree, or any qualification other than diplomas may be
the qualification in respect of which he was registered, is ~ ' ? s ~ ~ ~ i n
entitled on payment of the prescribed fee to have such higher
degree or additional qualification inserted in the register,
in substitution for, or in addition to the qualificai-ion
previously registered.

12. The Registrar shall- Corrections of
register.

( a ) delete from the register the names of all per-
sons registered under this Act who are deceased or are
no longer qualified to practise engineering;

( 6 ) restore to the register any entry which the
Board, pursuant to this Act, directs him to restore;

(6) cause to be made in the register such altera-
tions and additions relating to particulars of registered
engineers as may from time to time become necessary.

13. A person registered under this Act shall be ,R-$;::dentitlea
entitled- to practise

engineering.
(a ) on payment of the prescribed fee to receive from

the Registrar a certificate in the form approved by the

LAWS OF ANTIGUA AND BARBUDA

8 CAP. 153) Engineers (Registration)

Board to practise engineering in Antigua and Barbuda;

( 6 ) to demand and recover reasonable remunera-
tion for engineering services rendered;

(c ) to use the title "Engineer" or any abbrevia-
tion thereof against his name.

Permitted 14. Nothing in this Act shall prevent a person, who
practice by
persons not is not a registered engineer, from-
registered as
engineers. ( a ) practising his profession, trade or calling as an

arc

hi

tect, bacteriologist, chemist, geologist, mineralogist,
physicist, land surveyor;

( b ) operating, executing or supervising any
engineering works as owner, contractor, superintendent,
foreman, technician, inspector or master, where interests
of public safety are not likely to be affected;

(c ) performing as a member of the armed forces
of the Crown, duties involved in the practice of engineer-
ing or require any such person to become registered
under this Act for the purpose of doing anything men-
tioned in this section.

Validity of 15. After the commencement of this Act no certificate
engineers'
certificate. required by any enactment to be signed by an engineer is

valid unless the person signing it is registered under this Act.

Unregistered 16. A person other than a registered engineer is not
person not
entitled to entitled to recover in any action, any fee, charge, gratuity
recover or remuneration for the practice of engineering.
remuneration for
practice of
engineering.

Prohibitions
affecting non-

17. (1) With effect from the expiration of the period
registered of six months, or such longer period as the Minister may

engineers practice as re
by order specify, from the date of commencement of this

engineers. Act, no person, unless he is a registered engineer, shall in
Antigua and Barbuda-

( a ) practice engineering;

( b ) use in relation to himself, the designation
" engneer" either alone or in conjunction with any other
words or initials in such manner as to imply that he

LAWS OF ANTIGUA AND BARBUDA

Engineers (Registration) (CAP. 153

is qualified to practise the profession of engineering in
Antigua and Barbuda;

( 6 ) use, in relation to himself, any designation, title
name, initials or description indicating or implying that
he is entitled to practise the profession of engineering
in Antigua and Barbuda;

( 2 ) Any person who contravenes the provisions of this
section is guilty of an offence and is liable on summary
conviction-

(a) in case of a first offence to a fine of five thousand
dollars and imprisonment for a term of six months; and

(b) in case of a second or subsequent offence to
a fine of ten thousand dollars and to imprisonment for
a term of twelve months.

18. A partnership, association or corporation may Partnerships,
practise engineering in its own name:- associations or corporations.

(a) if one of its principal and customary functions
is to practise engineering; and

(b) if the practice of engineering is done under the
responsibility and supervision of a member of the part-
nership or association or a director of the corporation,
or a full-time employee of the partnership, association
or corporation, who in any case is a registered engineer.

19. (1) The Board may, if it considers that a person z;znmap;;
registered as an engineer has improperly obtained such required to
registration, require such person to apply to be properly register.
registered under this Act.

(2 ) If for a period of three months, or such longer period
as the Board allows, such person fails without reasonable
excuse to apply to be properly registered the Board may cause
the name of such person to be struck off the register.

Part I11 Discipline

20. (1) The Board shall appoint from among per- Disciplinary
sons who are registered engineers a Disciplinary Committee 'Ornrnittee.

LAWS OF ANTIGUA AND BARBUDA

10 CAP. 153) Engineers (Registration)

consisting of such number of persons, not being more than
five, at least three of whom shall be members of the Board.

Second
Schedule.

( 2 ) The provisions of the Second Schedule shall have
effect as to the constitution of the Disciplinary Committee
and otherwise in relation thereto.

(3) The Board may make rules for regulating the presen-
tation, hearing and determination of matters by the
Disciplinary Committee and for reports to the Board.

Disciplinary
powers of the

21. On receipt of a report from the Disciplinary Com-
Board. mittee the Board may, as it thinks just, make any such order

as to-

( a ) striking off the register the name of the
registered person to whom the report relates, or suspen-
ding him from practice on such conditions as the Board
may determine, or imposing on him such fine the Board
may think proper, or subjecting him to a reprimand;

(6 ) the payment by any party of costs of such sum
as they may consider a reasonable contribution towards
costs;

(c) the payment by the registered person of any
such sum by way of restitution or compensation as they
may consider reasonable.

Practice during
suspension an

22. Any engineer whose registration has been
offence. cancelled or who has been suspended by the Board under

the provisions of section 2 1 , but who nevertheless during
the period of his suspension practises engineering in Antigua
and Barbuda, for which he demands or receives any fee,
gratuity or remuneration, is guilty of an offence and is liable
on summary conviction to a fine of ten thousand dollars and
imprisonment for a term of one year.

Appeal. 23. (1) Any person who is dissatisfied with any deter-
mination of the Board on his application for registration under
this Act or with any order of the Board based on a report
made by the Disciplinary Committee may appeal from that
determination or order to a Judge in Chambers.

LAWS OF ANTIGUA AND BARBUDA

En~ineers (Registration) (CAP. 153

(2) O n any such appeal the facts may be proved by
affidavit unless the Court orders otherwise.

(3) The appeal shall be instituted, and notice thereof
given to the Board, not later than twenty-eight days after
the Board's determination or order has been communicated
in writing to the applicant or such longer period as the Board
may in any case allow.

(4) In deciding an appeal the Judge may substitute his
own opinion for the opinion of the Board upon any matter
and may exercise his own discretion over any matter con-
fided to the discretion of the Board or the Disciplinary Com-
mittee by this Act.

Part IV Miscellaneous

24. The Registrar shall at such times as may be Publication in
Gazette of prescribed, cause to be published annually in the Gazette cur- particulars

rent lists of registered engineers. relating to the
register.

25. A certificate of registration issued by the Registrar Evidence.
is prima facie evidence of the facts therein certified.

26. The Minister may, after consultation with the Regulations.
Board, make regulations generally for giving effect to the
purposes and provisions of this Act and in particular but
without prejudice to the generality of the foregoing may make
regulations in relation to all or any of the following matters-

(a) prescribing the form of and the method of keep-
ing the register;

(b) prescribing the form of applications, certificates
and other documents required under this Act;

(c) prescribing the fees payable in respect of any
examination and of registration under this Act, in respect
of any other alteration of or addition to the register;
and also prescribing fees for the issue of certificates of
registration, and other certificates, and for copies of cer-
tificates, and for inspection of the register and in respect
of any other matter under this Act;

LAWS OF ANTIGUA AND BARBUDA

12 CAP. 153) Engineers (Registration)

(d) providing for the issue to registered engineers
of seals and annual practicing certificates, and prescrib-
ing the fee payable therefor;

(e) providing for examinations to be conducted for
the purpose of registration under this Act, and prescrib-
ing the subject matter of those examinations, the stan-
dards required to be attained by successful candidates,
and the manner in which and the time when examina-
tions will be held;

V) regulating the procedure of the Board whether
in relation to disciplining of engineers or otherwise;

e) providing for a review by the Board of charges
made by persons registered under this Act;

(h ) prescribing fines not exceeding $5,000 and in
the case of a continuing offence a further fine not
exceeding $200 for every day during which this offence
has continued, for the breach of any regulation made
under this section;

(2) providing for the service of documents under
or for the purposes of any provisions of this Act;

providing for the stamping of drawings or other
documents by an engineer;

(k) providing for the surrender of seals and cer-
tificates of registration;

(I) providing for a code of professional conduct for
engineers;

(m) providing for such other matters as may be
necessary for the efficient discharge by the Board of its
duties and functions under this Act.

Constitution of
the Board.

FIRST SCHEDULE Section 3

Constitution and Procedure of the Board

1. The Board shall consist of the following-
(a) the Director of Public Works ex officio;

LAWS OF ANTIGUA AND BARBUDA

Engineers (Registration) (CAP. 153 13

(b) one member, being an engineer, appointed by the
Minister;

(c) five members, being engineers appointed by the
Minister after consultation with an association of engineers
recognised by the Minister as representing engineers, or in
the absence of such association with any person recognised
by the Minister as representing engineers.

(2) The appointment of all members of the Board shall be
for a period of two years, and any such member shall be
eligible for re-appointment, but shall not serve for more than
six consecutive years.

2. The Minister shall appoint one of the appointed members Chairman.
of the Board to be the Chairman of the Board.

3. (1) If the Chairman or any other member of the Board Acting
i s absent or unable to act, the Minister may appoint any person appointments.
to act in the place of the Chairman or such other member.

(2) Where the power to appoint a person to act in an office
is being exercised pursuant to this paragraph, such appointment
shall be made in such manner and from among such persons as
would be required in the case of a substantive appointment.

4. (1) Any member of the Board may at any time resign Resignation.
his office by instrument in writing addressed to the Minister and
transmitted through the Chairman and from the date of receipt
by the Minister of such instrument such member shall cease to
be a member of the Board.

(2) The Chairman of the Board may at any time resign his
oflice as Chairman by instrument in writing addressed to the
Minister and such resignation shall take effect as from the date
of receipt by the Minister of such instrument.

5 . The Minister may revoke any appointment made under Revocation of
this Schedule. appointment.

6. If any vacancy occurs in the membership of the Board Filling of
such vacancy shall be filled by the appointment of another member vacancies'
who shall, subject to the provisions of this Schedule hold office
for the remainder of the period for which the previous member
was appointed so, however, that the appointment shall be made
in the same manner and from the same category of persons, if
any, as the appointment of the previous member.

LAWS OF ANTIGUA AND BARBUDA

14 CAP. 153) Engineers (Registration)

Publication of 7. The names of all members of the Board as first con-
membership in
the Gazette. stituted and every change in the membership therefor shall be

published in the Gazette.

Seal.

Meetings.

8. (1) The Seal of the Board shall be kept in the custody
of the Chairman or the Secretary and shall be affixed to instruments
pursuant to a resolution of the Board in the presence of the Chair-
man or any other two members of the Board.

(2) The Seal of the Board shall be authenticated by the
signature of the Chairman or any person performing the duties
of Chairman and shall be officially and judicially noticed.

(3) All documents, other than those required by law to be
under Seal, made by, and all decisions of the Board may be signified
under the hands of the Chairman, or any other member authorized
to act in that behalf, or the Secretary.

9. (1) The Board shall meet at such times as may be
necessary or expedient for the transaction of its business and such
meetings shall be held at such places and times and on such days
as the Board may determine.

(2) The Chairman may at any time call a special meeting
of the Board and shall call a special meeting within seven days
of the receipt of a written request for that purpose addressed to
him by any three members of the Board.

(3) The Chairman of the Board shall preside at all meetings
of the Board at which he is present, and in the case of the Chair-
man's absence from any meeting the members present and con-
stituting a quorum shall elect a Chairman from among their
number to preside at that meeting.

(4) The quorum of the Board shall be four.

(5) The decisions of the Board shall be by a majority of votes
and, in addition to an original vote, the person presiding at a
meeting shall have a casting vote in any case in which the voting
is equal.

(6) Minutes in proper form of each meeting of the Board
shall be kept.

(7) The validity of the proceedings of the Board shall not
be affected by any vacancy amongst the members thereof or by
any defect in the appointment of a member thereof.

LAWS OF ANTIGUA AND BARBUDA

Engineers (Registration) (CAP. 153 15

(8) Subject to the provisions of this Schedule the Board may
regulate its own proceedings.

10. (1) The Board may appoint such Committees as it may Committees
think fit and may delegate to any such Committee the power and
rruthority to carry out on its behalf such duties as the Board may
dctcrmine, so, however, that no such Committee shall have the
power to make rules.

(2) The constitution of each Committee shall be determined
by the Board.

11. (1) No member of the Board shall be ~ e r s o n a l l ~ liable Protection of
lor any act or default of the Board done or omitted to be done members.
in good faith in the course of the operations of the Board.

(2) Where any member of the Board is exempt from liability
by reason only of the provisions of this paragraph the Board shall
kw liable to the extent that it would be if the member were a servant
ar an agent of the Board.

12. There shall be paid from the funds of the Board to Remuneration.
the Chairman and other members of the Board such remunera-
tion, whether by way of honorarium, salary or fees, and such
allowances as the Minister may determine.

SECOND SCHEDULE Section 20

The Disciplinary Committee

1. The members of the Committee shall, subject to the pro- Tenure of Office.
visions of this Schedule, hold office for such period not exceeding
two years as the Board determine and shall be eligible for
re-appointment.

2. (1) The Board shall appoint one of the members of the :$'a" and
Committee to be the Chairman thereof. Chairman.

(2) If the Chairman of the Committee is absent or unable
cu act, the Board may appoint another member to act in his place.

3. The Board may appoint any person who would be eligi- Acting
blr for appointment as a member of the Committee in accordance appointments'
with section 20 to act temporarily in the place of any member

LAWS OF ANTIGUA AND BARBUDA

Resignation.

Revocation of
appointment.

Publication of
membership in
the Gazette.

Meetings.

CAP. 153) Engineers (Registration)

of the Committee in the case of the absence or inability to act
of such member.

4. (1) Any member of the Committee other than the chair-
man may at any time resign his office by instrument in writing
addressed to the Board and transmitted through the Chairman,
who shall forthwith cause it to be forwarded to the Board and,
from the date of the receipt by the Board of such instrument, such
members shall cease to be a member of the Committee.

( 2 ) The Chairman may at any time resign his office by in-
strument in writing addressed to the Board and, from the date
of the receipt by the Board of such instrument, such Chairman
shall cease to be Chairman of the Committee.

5 . The Board may, if it thinks it expedient to do so, at
any time revoke the appointment of the Chairman or any other
member of the Committee.

6. The names of all members of the Committee as first con-
stituted and every change in the membership thereof shall be
published in the Gazette.

7. (1) The Committee shall meet at such times as may be
necessary or expedient for the transaction of business and such
meetings shall be held at such places and times and such days
as the Committee shall determine.

( 2 ) The quorum of the Committee shall be three.

(3) Subject to the provisions of this Schedule and to any rules
made by the Board, the Committee shall have power to regulate
its own proceedings.

(4) The validity of any proceedings of the Committee shall
not be affected by any vacancy amongst the members thereof or
by any defect in the appointment of a member thereof.

THIRD SCHEDULE

The engineering aspects of-

( a ) any public utility;

Section 2

LAWS OF ANTIGUA AND BARBUDA

Engineers (Registration) (CAP. 153 17

(b) industrial, harbour, drainage, irrigation, sewerage
sanitation and hydraulic works;

(6) industrial processes;

(d) railways, tramways, bridges, tunnels, roads, canals
and river improvements;

(e) lighthouses, wet, dry and floating docks;

V) cranes, dredges, hoists, lifts and winches;

(g) waterworks;

(h) incinerators;

( i ) power transmissions, electric lighting and electrical
communications systems and equipment;

any electrical apparatus or machinery;

(k) electronics;

(I) mineral property of mining operations of any kind;

(m) smelters, refineries, metallurgical machinery and
equipment;

(n) boilers and their auxilliaries;

(o) steam engines, hydraulic turbines, pumps, internal
combustion engines and other mechanical structures;

(p) chemical machinery;

(q) airports;

(r) all ships of more than 50 tons gross classified or
unclassified, their propulsion units and safety of life at sea
equipment;

(s) building:-

(i) consisting of, or designed for more than 1 storey

(ii) constructed or used for the purpose of carrying on
a business, or

(iii) being places to which the public have or may have
access;

(1) any other operation, works or matter related to the
items contained in this Schedule.
Read Entire Law on laws.gov.ag