Formal Procedures

28. Preliminary investigation

(1) The Council may investigate any complaint of –
(a) professional misconduct, malpractice or negligence; 72 Acts 2011
(b) fraud or dishonesty;
(c) a breach of the Code of Practice, against an architect, including a professional architect in respect of whom the Council holds a delegated power.

(2) Where the Council investigates into a complaint under subsection
(1), it –
(a) shall notify the architect, whose conduct, act or omission is under investigation, of the nature of the complaint against him;
(b) may summon and hear the architect who shall be given an opportunity of being assisted by a legal representative of his choice; (c) may summon and hear witnesses; and
(d) may call for the communication or production of any relevant record, document or article.

(3) The Council investigating into a complaint under subsection
(1) shall keep a proper record of its proceedings.

(4) Where, in the course of an investigation, any person refuses to communicate or produce any record, document or article, on the ground of confidentiality, the Registrar may apply to a Judge in Chambers for an order directing that person to communicate or produce the record, document or article required for the purpose of the investigation.

(5) Where the Judge is satisfied that the record, document or article sought is bona fide required for the purpose of the investigation, he may make an order under subsection (4).

(6) The Council may, for the purpose of an investigation under subsection (1), appoint a committee consisting of not less than 3 members.

29. Disciplinary proceedings

(1) Where, after an investigation has been carried out under section 28, the Council considers it necessary to prefer charges against an architect, it shall forward to the architect a statement of those charges and call upon him to state in writing, before a date to be specified by the Council, any grounds on which he relies to exculpate himself.

(2) Where the architect does not furnish a reply to any charge forwarded under subsection (1) within the period specified or where, in the opinion of the Council, he fails to exculpate himself, the Council may, subject to section 34, institute disciplinary proceedings against him before a Professional Conduct Committee.

30. Professional Conduct Committee

(1) The Council may, for the purpose of section 29, set up a Professional Conduct Committee which shall consist of – (a) a President, who is or has been a Judge or Magistrate for not less than 5 years or a barrister of not less than 10 years’standing; and (b) 2 assessors, who shall be professional architects with not less than 15 years’ experience and who are not members.

(2) The President and assessors of a Professional Conduct Committee shall be appointed by the Council on such terms and conditions as the Council may determine.

(3) The Council shall appoint a Secretary to a Professional Conduct Committee, who shall keep the minutes of proceedings of any meeting of the Professional Conduct Committee.

(4) (a) Where a President or an assessor is related by blood or marriage to an architect who is the subject of disciplinary proceedings, the President or assessor shall disclose his relationship to the Professional Conduct Committee and shall not take part in those proceedings. 74 Acts 2011 (b) Any disclosure made under paragraph (a) shall be recorded in the minutes of proceedings. (c) Where a President or an assessor does not take part in the proceedings under paragraph (a), the Council shall appoint another person to replace him. (d) Any person appointed under paragraph (c) shall satisfy the requirements referred to in subsection (1)(a) or (b), as the case may be.

31. Proceedings of Professional Conduct Committee

(1) A Professional Conduct Committee shall meet at such time and place as the President thinks fit.

(2) Where disciplinary proceedings are instituted under section 29, the Professional Conduct Committee shall inquire into the charges preferred against the architect.

(3) A Professional Conduct Committee may – (a) summon any person to appear before it to give evidence or produce any record, document or article; (b) take evidence on oath, solemn affirmation or declaration and, for that purpose, administer an oath, solemn affirmation or declaration, as the case may be.

(4) Where, in the course of any disciplinary proceedings, a person refuses to communicate or produce any record, document or article, on the ground of confidentiality, the Registrar may apply to a Judge in Chambers for an order directing that person to communicate or produce the record, document or article required for the purpose of the proceedings.

(5) Where the Judge is satisfied that the record, document or article sought is bona fide required for the purpose of the proceedings, he may make an order under subsection (4).

32. Disciplinary measures

(1) A Professional Conduct Committee shall, after having heard any disciplinary proceedings, forward to the Council its report and a copy of its proceedings, including any record, document or article produced, not later than one month after the completion of the proceedings.

(2) The report under subsection (1) shall include – (a) a finding as to whether the charge has been proved or not, and the reasons for such finding; (b) details of any matter which, in the Professional Conduct Committee’s opinion, aggravates or alleviates the gravity of the charge; and (c) a summing up and such comments as will indicate clearly the opinion of the Professional Conduct Committee on the subject matter of the disciplinary proceedings.

(3) A Professional Conduct Committee shall not, in its report, make any recommendation regarding the form of disciplinary measure.

(4) (a) Where the report is in relation to a professional architect, other than a professional architect in respect of whom the Council holds a delegated power, and states that the charge has been proved, the Council may– (i) administer him a reprimand or a severe reprimand; (ii) suspend him from practising architecture for a period not exceeding 2 years; or (iii) deregister him from practising architecture. (b) Where the report is in relation to an authorised foreign architect and states that the charge has been proved, the Council may revoke his authorisation or take such appropriate disciplinary measure as it may determine. 76 Acts 2011 (c) Where the report is in relation to a professional architect in respect of whom the Council holds a delegated power, the Council shall submit its own report to the Public Service Commission, in accordance with regulation 46E of the Public Service Commission Regulations.

(5) Where the punishment inflicted by the Public Service Commission on a professional architect, in respect of whom the Council holds a delegated power, is dismissal or retirement in the interest of the public service, the Council shall determine whether or not the professional architect shall be suspended or deregistered from practising architecture.

(6) A decision of the Council under subsection (4) or (5) shall be communicated to the architect not later than 14 days from the date of the decision.

33. Other disciplinary measures

(1) Without any of the proceedings provided for in sections 28, 29, 31 and 32 being instituted, the Council shall, where an architect has been convicted of an offence and is serving a sentence of imprisonment or penal servitude – (a) in the case of a professional architect – (i) suspend him, for such time as the Council may determine, from practising architecture; or (ii) deregister him from practising architecture; (b) in the case of an authorised foreign architect, revoke his authorisation.

(2) The Registrar shall cause any suspension or deregistration under this Act to be published in the Gazette and in 2 daily newspapers.

For further details please refer to the most updated version of the PAC Act