AQS Professions Bill (First Reading) | Architect | Surveying

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REPUBLIC OF NAMIBIA NATIONAL ASSEMBLY ______________________ ARCHITECTURAL AND QUANTITY SURVEYING PROFESSIONS BILL _________________________________ (As read a First Time) _________________________________ (Introduced by the Minister of Works and Transport) [B. 18 - 2010] 2 BILL To provide for the continued existence of the Namibia Council for Architects and Quantity Surveyors under the name Namibia Council for Architectural and Quantity Surveying Professions; to provide for the registrat
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  [B. 18 - 2010] REPUBLIC OF NAMIBIA NATIONAL ASSEMBLY ______________________ ARCHITECTURAL AND QUANTITYSURVEYING PROFESSIONS BILL  _________________________________  (As read a First Time)  _________________________________  (Introduced by the Minister of Works and Transport)  2 BILL To provide for the continued existence of the Namibia Council for Architectsand Quantity Surveyors under the name Namibia Council for Architecturaland Quantity Surveying Professions; to provide for the registration of architects and quantity surveyors, architects in training and quantitysurveyors in training, and other architectural and quantity surveyingprofessionals; to provide for the reservation of certain kinds of work toarchitects and quantity surveyors and architectural and quantity surveyingprofessionals; to provide for the establishment of boards of control forarchitectural and quantity surveying professionals; and to provide forincidental matters.BE IT ENACTED by the Parliament of the Republic of Namibia, as follows: ARRANGEMENT OF SECTIONSPART 1PRELIMINARY 1. Denitions PART 2NAMIBIA COUNCIL FOR ARCHITECTURAL AND QUANTITYSURVEYING PROFESSIONS 2. Continuation of Namibia Council for Architects and Quantity Surveyors undernew name3. Functions, duties and powers of Council4. Constitution of Council5. Co-opted members6. Persons disqualied from being members of Council7. Tenure of ofce of members of Council8. Meetings of Council9. President and vice-president of Council10. Committees of Council11. Funds of Council12. Banking account13. Bookkeeping and auditing14. Remuneration15. Reports to Minister16. Registrar and other staff   3 PART 3RESERVATION OF WORK FOR AND REGISTRATION OF ARCHITECTSAND QUANTITY SURVEYORS AND ARCHITECTUAL AND QUANTITYSURVEYING PROFESSIONALS 17. Reservation of certain kinds of work and publication of tariff of fees18. Prohibition against performance of reserved work unless registered19. Requirements for registration20. Qualications21. Examinations22. Application for registration23. Consideration of application and registration24. Effect of registration and persons deemed to be registered25. Certicate of registration26. Keeping of register and status of register27. Refusal of application28. Cancellation of registration29. Suspension due to mental illness30. Circumstances under which certicates of registration must be returned toregistrar31. Restoration of name to register32. Private company may conduct a practice33. Close corporation may conduct a practice PART 4DISCIPLINARY MATTERS 34. Professional conduct35. Disciplinary powers of Council36. Procedure at inquiry by Council37. Effect of inquiry on civil or criminal liability38. Penalties for unprofessional conduct39. Penalties for false evidence40. Effect of suspension or cancellation from register PART 5BOARDS OF CONTROL 41. Establishment of boards of control in respect of certain professions42. Functions, duties and powers of boards of control43. Constitution of board of control44. Tenure of ofce of members of board of control45. Chairperson and vice-chairperson of board of control46. Meetings of board of control47. Committees of board of control48. Funds of board of control49. Banking account50. Bookkeeping and auditing51. Remuneration  4 52 Reports to Minister53 Administrative work of board of control54 Power of Council to make rules for board of control PART 6GENERAL 55 Right of appeal to Minister56 Appeals to the High Court57 Rules of Council58 Regulations59 Rectication of errors60 Restriction of liability61 Transitional provisions in relation to Namibia Institute of Architects and Instituteof Namibian Quantity Surveyors62 Repeal of laws and savings63 Short title and commencement PART 1PRELIMINARYDenitions1. In this Act, unless the context indicates otherwise -“architect” means a person registered as an architect in terms of section 23;“architect in training” means a person registered as an architect in training in terms of section 23;“architectural and quantity surveying professions” means the professions of architectureand quantity surveying and any of the professions referred to in section 41(1);“architectural professional” means a person registered as architectural professional interms of section 23;“board of control” means a board of control established in terms of section 41;“Council” means the Namibia Council for Architectural and Quantity SurveyingProfessions referred to in section 2;“nancial institution” means a banking institution authorised to conduct business underthe Banking Institutions Act, 1998 (Act No. 2 of 1998) or a building society registered assuch under the Building Societies Act, 1986 (Act No. 2 of 1986);“nancial year” means a period of 12 months ending on the last day of February of everyyear immediately succeeding such date;“juristic person” means(a) a private company referred to in section 32; or
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