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Law Creating Federal Councils Of The Surveyors (1)

Original Language Title: Loi créant des conseils fédéraux des géomètres-experts (1)

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belgiquelex.be - Carrefour Bank of Legislation

11 MAI 2003. - An Act to create federal advice from geometers (1)



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER Ier. - General provision
Article 1er. This Act regulates a matter referred to in Article 77 of the Constitution.
CHAPTER II. - Federal Council of Surveyors
Art. 2. It is created a Federal Council of Surveyors, divided into a French-speaking Chamber and a Dutch-speaking Chamber. Each of them is composed of an effective president and his deputy, appointed by the King as a member of the actual or honorary magistrates or among lawyers regularly registered in the Order's table. It also includes an effective assessor and an alternate, appointed by the Minister who has the Average Classes in his or her duties among his or her staff, as well as two actual assessors and two alternates, geometers-experts, appointed by the Minister who has the Average Classes in his or her duties, on the proposal of the Senior Council of Independents and Small and Medium Enterprises.
In the event of a parity of votes, the president's voice is preponderant.
Each House is assisted by a clerk appointed by the minister who has the Middle Class in his or her duties.
The Federal Council of Experts is composed for a period of six years. Its headquarters is located in Brussels.
The proceedings before the Chambers, the deadlines, the rules of procedure and the amount of the tokens of presence allocated to presidents and non-public servants are determined by the King.
Any decision of a Chamber may be appealed to the Federal Appeals Board referred to in section 5.
Art. 3. The Federal Council of Geometers-experts is holding the table of the holders of the profession who meet the requirements of Article 2, 1°, of the Act of 11 May 2003 protecting the title and profession of geometer-expert and who wish to exercise as an independent the geometer-expert profession or to carry the professional title.
Art. 4. § 1er. The Chambers have a mission:
- to decide on applications for inclusion in the table referred to in section 3, which are maintained and published annually;
- to ensure compliance with the provisions of this Act and to denounce any violation of the judicial authority;
- to ensure the application of the rules of ethics and to rule in disciplinary matters.
§ 2. Their jurisdiction is determined by the place where the applicant will practise his profession for the first time or later by that of his principal institution.
If this place is located in the bilingual region of Brussels-Capital, this competence will depend on the language used in the application.
If this place is located in the German language region, the applicant has a choice between the French-speaking Chamber and the Dutch-speaking Chamber. He may be assisted at the hearing by an interpreter of his choice.
CHAPTER III. - Federal Council of Appeal for Surveyors
Art. 5. It is created a Federal Council of Appeal for Surveyors, divided into a French-speaking Chamber and a Dutch-speaking Chamber. Each of them is composed of an effective president and his deputy, appointed by the King as a member of the actual or honorary magistrates or a lawyer regularly registered in the Order's table for at least ten years. It also includes an effective assessor and an alternate, appointed by the Minister who has the Average Class in his or her duties, among his or her staff members at least level 13, as well as two actual assessors and two alternates, geometers-experts, appointed by the Minister who has the Average Class in his or her duties, on the proposal of the Senior Council of Independents and EMPs.
In the event of a parity of votes, the president's voice is preponderant.
Each Chamber is assisted by a clerk appointed by the Minister who has the Middle Class in his or her duties.
They decide on appeals against decisions, or the absence of decisions, of the Federal Council Chambers of their Vehcular Language.
Their decisions may be referred to the Court of Cassation for contravention of the law or for violation of the forms either substantial or prescribed for nullity.
In case of cassation, the case is referred to the Chamber otherwise composed. The Court of Cassation shall comply with the Court of Cassation ' s decision on the points of law which it considers. The cassation procedure is regulated as in civil cases; the deadline for filing the claim is one month from the notification of the decision.
The Federal Appeals Board is composed for a period of six years. Its headquarters is located in Brussels.
The procedure before the Chambers, the deadlines, the rules of procedure and the amount of the tokens of presence allocated to the president and the assessors not civil servants are determined by the King.
For appeals relating to the registration of the holders, appeal decisions may be appealed to the State Council.
CHAPTER IV. - Entry into force
Art. 6. The King shall determine the effective date of the provisions of this Act.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 11 May 2003.
ALBERT
By the King:
Minister for Average Class,
R. DAEMS
Seal of the state seal:
Minister of Justice,
Mr. VERWILGHEN
____
Notes
(1) Regular session 2002-2003.
Parliamentary documents. - Bill No. 50-2151/1. Amendment No. 50-2151/2. - Report, no. 50-2151/3. - Text adopted by the Commission, No. 50-2151/4. - Amendments filed after the tabling of the report, No. 50-2151/5 and 6. - Text adopted in plenary and transmitted to the Senate, No. 50-2151/7. - Erratum, no. 50-2151/8.
Annales of the House of Representatives:
Full report: 19 and 20 March 2003.
Senate.
Parliamentary documents. - Project transmitted by the Chamber, No. 2-1553/1. - Report, no. 2-1553/2. - Text adopted in plenary and subject to Royal Assent, No. 2-1553/3.