Professional Surveyors Registration Act 1997

Link to law: http://www.bermudalaws.bm/Laws/Annual%20Laws/1997/Acts/Professional%20Surveyors%20Registration%20Act%201997.pdf

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Professional Surveyors Registration Act 1997
PROFESSIONAL SURVEYORS REGISTRATION ACT 1997

1

BERMUDA
1997 : 19

PROFESSIONAL SURVEYORS REGISTRATION ACT 1997

[Date of Assent 8 July 1997]

[Operative Date 1 June 2001]

ARRANGEMENT OF SECTIONS

1 Short title
2 Interpretation
3 Restriction on use of

professional names, etc.
4 The Professional

Surveyors Registration
Council

5 Qualifications for
Registration

6 The Register of Surveyors
7 Annual gazetting of

particulars
8 Registration

9 Voluntary removal of
name from Register

10 Striking off name from
Register

11 Conduct of registered
surveyors

12 Restoration of name to
Register

13 Appeals to the Cabinet
14 Regulations
15 Offences
16 Transitional
17 Commencement

SCHEDULE

WHEREAS it is expedient to establish a scheme of registration of

PROFESSIONAL SURVEYORS REGISTRATION ACT 1997

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professional surveyors in Bermuda, and to provide for connected
matters:

Be it enacted by The Queen's Most Excellent Majesty, by and
with the advice and consent of the Senate and the House of Assembly of
Bermuda, and by the authority of the same, as follows:

Short title
1 This Act may be cited as the Professional Surveyors Registration
Act 1997.

Interpretation
2 In this Act—

"the appointed day" means the day appointed under section 17;

"a Bermudian" means a person possessing Bermudian status
under the Bermuda Immigration and Protection Act 1956;

"the Code" means the Code provided for in section 11;

"the Council" means the Professional Surveyors Registration
Council established by section 4;

"the Minister" means the Minister responsible for the
Environment;

"prescribe" means prescribe by regulations;

"professional misconduct" and "gross professional misconduct"
have the meanings referred to in section 11(3);

"the Register" means the register provided for in section 6;

"to register" has the meaning assigned to it by section 8(4), and
grammatical variations of "to register" have corresponding
meanings;

"registered surveyor" means a person registered under this Act;

"regulations" means regulations made under section 14.

Restriction on use of professional names, etc.
3 (1) Subject to this Act, a person shall not in Bermuda—

(a) take or use, or practise, or carry on business under, any
name, style, title or description which includes the word
"surveyor"; or

(b) take or use any name, style, title or description
(including one consisting of initials) which states or
implies that he is a registered surveyor,

PROFESSIONAL SURVEYORS REGISTRATION ACT 1997

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if he is not a registered surveyor.

(2) A person shall not in Bermuda take or use, or affix to any
premises used by him, any name, style, title or description (including one
consisting of initials) which states or implies that he possesses
qualifications as a surveyor which he does not in fact possess.

The Professional Surveyors Registration Council
4 (1) There shall be a body corporate called "the Professional
Surveyors Registration Council".

(2) In addition and without prejudice to any other functions
that the Council has under this Act or under any other statutory
provision, the Council is responsible for—

(a) the promotion and maintenance of high technical
standards among registered surveyors;

(b) the exercise of disciplinary control over registered
surveyors; and

(c) such other matters of professional concern to registered
surveyors as the Council may determine.

(3) The Council shall consist of a chairman and such other
members, not being fewer than five, as the Minister may from time to
time determine.

(4) The Council is not exempt from any tax, duty, rate, levy or
other charge whatsoever, whether general or local.

(5) The provisions of the Schedule have effect in relation to the
constitution of, and other matters concerning, the Council.

Qualifications for registration
5 Subject to this Act, a person is entitled to be registered as a
registered surveyor under this Act if he is a Bermudian or is ordinarily
resident in Bermuda and satisfies the Council—

(a) that he is a Fellow or Professional Associate of the Royal
Institution of Chartered Surveyors of the United
Kingdom; or

(b) that he has qualifications in surveying consisting of—

(i) a degree or diploma obtained after not less than
three years of study; and

(ii) not less than two years of practical experience,

PROFESSIONAL SURVEYORS REGISTRATION ACT 1997

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being a degree or diploma and experience approved by
the Council; or

(c) not being qualified under paragraph (a) or (b), that he
has been engaged for not less than five years in the
practice of surveying, and has qualifications and
experience in surveying approved by the Council; or

(d) if he applies for registration within 12 months after the
appointed day, that he has been engaged in the practice
of surveying in Bermuda, to a standard approved by the
Council, for not less than five years immediately
preceding that day.

The Register of Surveyors
6 (1) There shall be a register, called "the Register of Surveyors",
which the Registrar-General shall maintain at his office.

(2) The Register is an official record and shall set forth—

(a) the names, addresses and qualifications of registered
surveyors; and

(b) the branch or branches of the surveying profession in
relation to which each registered surveyor is registered;
and

(c) such other particulars as the Registrar-General
considers to be necessary or expedient for identifying
registered surveyors or as may be prescribed.

(3) It is the Registrar-General's duty to keep the Register
correct in accordance with the provisions of this Act and the regulations,
to erase the names of persons who have died, and from time to time to
make necessary alterations in the registered particulars of registered
surveyors.

Annual gazetting of particulars
7 (1) As soon as may be after 1st January in every year the
Registrar-General shall publish in the Gazette a notice, in such form as
he sees fit, setting forth the names and other particulars entered in the
Register on that date.

(2) A copy of the latest-gazetted such notice is prima facie
evidence in all courts that the persons whose names are included in the
notice are registered surveyors; and the absence of a person's name from
such a notice is prima facie evidence in all courts that he is not a
registered surveyor.

PROFESSIONAL SURVEYORS REGISTRATION ACT 1997

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Registration
8 (1) A person who desires to be registered as a registered
surveyor shall make application to the Council through the Registrar-
General.

(2) The application shall be in the prescribed form and be
accompanied by the prescribed fee.

(3) The Council shall consider the application as soon as may
be, and may either approve or reject it.

(4) Where the Council approves the application, it shall direct
the Registrar-General to register the applicant, that is to say, to—

(a) enter the required particulars relating to him in the
Register; and

(b) issue to him a certificate of registration in the prescribed
form.

(5) Where the Council rejects the application, it shall record its
decision and the reasons for it in writing, and direct the Registrar-
General to inform the applicant.

(6) An applicant who is aggrieved by a decision of the Council
under this section may appeal to the Cabinet against it under section 13.

Voluntary removal of name from Register
9 A registered surveyor who desires to have his name removed
from the Register shall make application for the purpose to the Registrar-
General, surrendering his certificate of registration; and the Registrar
shall thereupon make the necessary alterations to the Register.

Striking off name from Register
10 (1) If the Council is satisfied—

(a) that a registered surveyor has been convicted, whether
in Bermuda or elsewhere, of an offence for which he has
been sentenced to imprisonment without the option of a
fine; or

(b) that the name of a registered surveyor has been struck
off a register kept outside Bermuda by a recognized
professional body; or

(c) that a registered surveyor is guilty of gross professional
misconduct,

the Council shall, subject to this Act, decide as soon as may be whether
the registered surveyor's name should be struck off the Register.

PROFESSIONAL SURVEYORS REGISTRATION ACT 1997

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(2) The expression "a recognized professional body" in
subsection (1)(b) means a body of surveyors established in a country
outside Bermuda, being a body which—

(a) has disciplinary powers over surveyors in that country;
and

(b) is recognized by the Council for the purposes of this
section.

(3) In relation to any particular registered surveyor, a body may
be recognized by the Council under paragraph (b) of subsection (2) for
the purposes of this section after he has been struck off by that body.

(4) It is the duty of every registered surveyor who is convicted
as mentioned in paragraph (a) of subsection (1) or whose name is struck
off a register as mentioned in paragraph (b) of that subsection to inform
the Council forthwith of that fact and the attendant circumstances.

(5) Before the Council decides to strike a registered surveyor's
name off the Register, it shall give him a reasonable opportunity to make
such representations, and to give such explanations, in the matter as he
may wish to make or give, and the Council shall take any such
representations or explanations into account.

(6) Where the Council decides to strike a registered surveyor's
name off the Register, it shall direct the Registrar-General accordingly;
but, before such a decision or direction can take effect the Council must
inform the registered surveyor in writing of what the Council intends so
that he may exercise his rights under subsection (7) if he wishes.

(7) A registered surveyor who receives a notice in writing as
mentioned in subsection (6) may appeal to the Cabinet against the
decision in question under section 13.

(8) Where a decision to strike a registered surveyor's name off
the Register has taken effect, the Registrar-General shall—

(a) inform him by notice in writing that his name has been
so struck off; and

(b) by the same or another notice require him to return to
the Registrar-General his certificate of registration within
fourteen days of his receipt of the notice; and

(c) publish in the Gazette notice of the striking-off.

PROFESSIONAL SURVEYORS REGISTRATION ACT 1997

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Conduct of registered surveyors
11 (1) The Council shall establish a Code of Conduct for registered
surveyors ("the Code") as soon as may be after the appointed day, and
may amend the Code as it sees fit from time to time.

(2) The Council shall publish in the Gazette—

(a) the Code as first established; and

(b) every amendment of the Code.

(3) The Code shall prescribe the meaning of the expressions
"professional misconduct" and "gross professional misconduct"; and
those expressions have in this Act the meanings so prescribed.

(4) If an allegation of professional misconduct by a registered
surveyor is brought to the notice of the Council, the Council shall
enquire into the allegation as soon as may be; and the following
provisions of this subsection have effect in relation to any such enquiry—

(a) the Council shall allow him—

(i) to appear before the Council;

(ii) to be represented by counsel;

(iii) to cross-examine witnesses;

(iv) generally to make a full defence of his interests;

(b) the proceedings are deemed to be judicial proceedings
for the purposes of the provisions of the Criminal Code
relating to perjury;

(c) the Council shall exercise its powers under the Code and
inform the registered surveyor of its decision by notice in
writing;

(d) the registered surveyor may appeal to the Cabinet under
section 13.

Restoration of name to Register
12 (1) A registered surveyor whose name has been removed from
the Register under section 9 or struck off under section 10 may after the
expiry of one year after the date of the removal or striking-off make
application to the Council through the Registrar-General for his name to
be restored to the Register.

(2) The application shall be in the prescribed form and be
accompanied by the prescribed fee.

(3) Upon receipt of the application, the Council shall consider—

PROFESSIONAL SURVEYORS REGISTRATION ACT 1997

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(a) the character and professional ability of the applicant;

(b) where his name was struck off the Register, the offence
for which his name was so struck off;

(c) his conduct after his name was removed from or struck
off the Register;

(d) any relevant provision of the Code; and

(e) any other circumstance appearing to the Council to be
relevant,

and shall then in light of that consideration decide to restore the
applicant's name to the Register or not so to restore it, as the case may
require.

(4) Where the Council has made a decision under subsection
(3), it shall give the Registrar-General the requisite directions for
implementing the decision including, in the case where the applicant's
name is to be restored to the Register, a direction to issue to him a fresh
certificate of registration.

(5) A person who is aggrieved by a decision of the Council
under this section may appeal to the Cabinet against it under section 13.

Appeals to the Cabinet
13 (1) A person who is aggrieved by a decision to which this
section applies may within fourteen days after the relevant date ("the
appeal period") appeal to the Cabinet against the decision by notice in
writing to the Secretary to the Cabinet setting out the grounds of his
appeal; and the Cabinet shall decide the appeal and make such order in
the appeal as seems just.

(2) Once the Cabinet has decided an appeal under subsection
(1), the Council and the Registrar-General shall implement the Cabinet's
decision and guide themselves accordingly.

(3) The decisions to which this section applies, and the relevant
date in relation to each such decision, are as set forth in the following
Table—

Decision Relevant date

(a) decision referred to in section
8(5):

date on which the aggrieved
person received notice of the
decision;

PROFESSIONAL SURVEYORS REGISTRATION ACT 1997

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(b) decision referred to in section
10(6);

date on which the aggrieved
person received notice under
section 10(6):

(c) decision under section 11(4)(c): date on which the aggrieved
person received notice under
section 11(4)(c);

(d) decision under section 12(3): date on which the aggrieved
person received notice under
section 12(4).

(4) A decision to which this section applies affecting a person
does not take effect in relation to him until the expiry of the appeal
period or, where he brings an appeal, until the appeal is decided or
abandoned.

Regulations
14 (1) The Minister may make regulations—

(a) prescribing forms, notices or other documents to be
used for the purposes of this Act;

(b) specifying the manner in which notices shall or may be
served;

(c) prescribing documents required to be forwarded with
applications under this Act;

(d) prescribing any other matter or thing which by or under
this Act may be or is to be prescribed.

(2) The Minister shall consult the Council before he makes any
regulations.

(3) Regulations are subject to the negative resolution
procedure.

Offences
15 A person who contravenes—

(a) section 3(1) or (2); or

(b) section 10(4); or

(c) a requirement lawfully made of him under section
10(8)(b),

PROFESSIONAL SURVEYORS REGISTRATION ACT 1997

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is guilty of an offence and is liable on summary conviction to
imprisonment for twelve months or to a fine of ten thousand dollars or to
both.

Transitional
16 If a person, whose claim to be registered depends on his
satisfying the requirements of paragraph (d) of section 5, has duly
applied under that paragraph and section 8 for registration within 12
months after the appointed day, he is deemed to satisfy those
requirements as long as his application has not been approved or
rejected under section 8.

Commencement
17 This Act comes into operation on such day as the Minister may
appoint for the purpose by notice published in the Gazette.

THE SCHEDULE (Section 4(5))

The Professional Surveyors Registration Council

1 The members of the Council shall be appointed by the Minister
for a term not exceeding six years.

2 (1) In appointing members to the Council, the Minister shall—

(a) ensure that at any time not fewer than five are registered
surveyors; and

(b) arrange, as far as is practicable, that not more than
three members belong to the same branch of the
surveying profession.

(2) For the purposes of the first constitution of the Council,
sub-paragraph (1)(a) above has effect as if for the words
"registered surveyors" the words "persons who in the Minister's
opinion are eligible for registration under paragraph (a) or (b) or
(c) of section 5" were substituted.

3 The chairman shall be appointed annually by the Minister from
among the members of the Council, but so that, if at any time a
person holding office as chairman ceases to hold office as such
or ceases to be a member of the Council, the Minister shall
appoint another member to be chairman in his stead.

4 A member whose term has expired may be re-appointed.

5 If the Minister is satisfied that a member is by reason of ill-
health or absence from Bermuda or other sufficient cause
unable to perform his duties as a member, the Minister may

PROFESSIONAL SURVEYORS REGISTRATION ACT 1997

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appoint a registered surveyor to act for that member during the
period of his incapacity.

6 A member may at any time resign his office by giving the
Minister a signed notice in writing of his resignation.

7 The Minister may at any time declare the office of a member
vacant if he is satisfied that the member—

(a) has failed without sufficient cause to attend three
consecutive meetings of the Council; or

(b) is incapacitated by physical or mental illness; or

(c) has otherwise become unable or unfit to perform his
duties as a member.

8 A person appointed to fill a vacancy left by a member who did
not complete his term of office may be appointed for the
unexpired portion of that member's term and no longer, but an
appointment to such a vacancy need not be made where the
unexpired portion of the term is less than three months.

9 Four members constitute a quorum at any meeting of the
Council.

10 If the chairman is absent from a meeting of the Council, the
members present shall elect one of their number to act as
chairman at that meeting.

11 Any question for decision by the Council shall be decided by a
majority of the members present and voting. Each member has
one vote, except that the person presiding has a second vote if
there is a tie.

12 An act of the Council is not invalid by reason only of a vacancy
in the Council's membership or a defect in a member's
appointment.

13 Subject to the above provisions, the Council may regulate its
proceedings as it sees fit.