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Press
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MINISTRY
OF NATIONAL DEVELOPMENT
PRESS RELEASE
PROFESSIONAL ENGINEERS (AMENDMENT) BILL 2005
ARCHITECTS (AMENDMENT ) BILL 2005
The Professional Engineers (Amendment) Bill 2005 and
Architects (Amendment) Bill 2005 were read a second
time and passed by Parliament today. The Bills aim to enable
the Professional Engineers Board (PEB) and Board of Architects
(BOA) to more effectively regulate and uphold professionalism
and safety standards in the construction industry.
2
The amendments revise the compositions of the PEB and BOA,
streamline the registration system of PEB, provide for the
licensing of limited liability partnerships (LLPs) in engineering
and architectural services, lower entry barriers for start-up
corporations, fine-tune the disciplinary proceedings of the
Boards, and require the names of newly licensed architectural
corporations and partnerships to be approved by BOA. The amendments
also take in the recommendations of the Joint MND-MOM Review
Committee (JRC) on Construction Safety to register Professional
Engineers (PEs) specialised in geotechnical engineering and
raise penalties against errant PEs and Architects.
AMENDMENTS
TO THE TWO ACTS
Revise
Composition of Boards
3 To enable the Boards to perform its roles more effectively
and undertake additional responsibilities such as the management
of an examination system for registration and registration
system of specialist PEs, the Boards will be expanded from
the current maximum of 10 members to 15.
4 An election system will be introduced to give professionals
greater say in selecting their representatives. Registered
professionals will elect up to 6 Board members. The Minister
will appoint another 6 members, and a representative from
BOA or PEB. The Commissioner of Building Control, and the
President of the Singapore Institute of Architects (SIA) or
Institution of Engineers Singapore (IES) will be ex-officio
members1. Each Board’s President
is to be elected from among the members, excluding the PEB
or BOA representative and the ex-officio members.
Streamline
Registration System for PEs
5 To align the PE registration system to that of advanced
countries, work experience requirements will be streamlined
to a single level of at least 4 years of engineering work
experience2 and a pass in an examination.
Amend
Scope of PE Registration
6 To help PEB focus its efforts on the development of the
3 key engineering disciplines, PEB will only register new
PEs in the 3 construction-related disciplines (i.e. civil,
mechanical and electrical) instead of the current 12 disciplines.
Only PEs from these 3 disciplines are required by statutes
to submit plans.
Register
PEs with Geotechnical Specialisation
7 To ensure safety in specialized work, and the deployment
of suitably qualified professionals, the PE (Amendment) Bill
incorporates provisions to enable the Minister to prescribe
registration requirements for specialist PEs3.
This amendment takes into account the JRC’s recommendation
that deep excavation works should be carried out by professional
engineers who specialise in geotechnical engineering.
Allow
Limited Liability Partnerships (LLPs)
8 Following the enactment of the LLP Act, provisions are incorporated
in both Bills to avail PEs and Architects to this new form
of corporate practice by licensing LLPs to supply professional
engineering and architectural services. To uphold professional
standards, at least one partner must be a PE or registered
Architect. Other partners can be allied professionals, licensed
corporations, or other licensed LLPs. A supervising partner,
who must be a PE or registered Architect, shall manage the
licensed LLP.
Facilitate
Start-Ups
9
To facilitate start-ups in the industry, the paid-up capital
requirement for licensed limited corporations will be reduced
from $1 million to $500,000.
Fine-tune
Disciplinary Proceedings
10 To ensure greater transparency and efficiency in disciplinary
proceedings, a complaint against a PE or Architect will be
heard and decided by a Disciplinary Committee, following the
findings of an Investigation Committee. Each Disciplinary
Committee will comprise of no fewer than 3 PEs of at least
10 years’ standing (at least 2 shall be Board members),
and a lay person. To expedite disciplinary proceedings, the
Disciplinary Committee will be given the right to accept court
convictions related to the complaint case as final.
Tighten
Penalties against Errant Professionals
11 To step up deterrence against unprofessional conduct, the
maximum period of suspension will be raised from one to two
years, while reinstatement following de-registration is allowed
only after three instead of two years. The Boards can also
impose a combination of disciplinary actions (i.e. de-registration,
suspension, fine and censure) and recover legal costs incurred
during the disciplinary proceedings.
Approve
Names of New Licensed Architectural Corporations
12 The Architects (Amendment) Bill introduces a provision
that will allow the BOA to reject the application for a licensed
architectural practice if the name proposed is similar to
any established ones. In a profession that places high value
on design ownership, prevention of similar names is important
to prevent confusion.
13
A summary of the proposed amendments can be found at Annex
A.
Issued
by
MINISTRY OF NATIONAL DEVELOPMENT
15 August 2005
| 1 |
The BOA representative
and President of IES will be on the PEB, while the PEB
representative and President of SIA will be on the BOA. |
| |
|
| 2 |
Applicants
applying to be registered PEs must have an engineering
degree accredited by PEB. In addition, the following requirements
are currently required:- (a) at least 2 years of experience
in engineering works in Singapore and pass an examination;
or (b) 5 years of experience in engineering works, including
at least 2 years in Singapore; or (c) 10 years experience
in engineering works. |
| |
|
| 3 |
To register as a geotechnical engineering
specialist, a PE(Civil), who has work experience in geotechnical
engineering, must have a postgraduate degree in geotechnical
engineering or pass an examination, or have stipulated
years of experience as a PE in responsible charge of projects
involving geotechnical engineering. |
Annex
A
Table
1: Summary of the proposed changes applicable to both the
Professional Engineers Board (PEB) and Board of Architects
(BOA).
| |
EXISTING
PROVISIONS |
PROPOSED
AMENDMENTS/ PROVISIONS |
| 1 |
Revise Board Composition
|
| |
-
A maximum of 10 Board members are allowed in each Board.
-
All members are appointed by Minister.
- Minister also appoints the President.
|
-
Each Board will be expanded to 15 members
- Election of members will be introduced for up to 6
members.
-
The President is elected from among the members, excluding
the PEB or BOA representative and ex-officio members.
|
| 2 |
Allow Limited Liability Partnerships (LLPs)
|
| |
No
current provision. |
Limited
liability partnerships (LLPs) can apply for a licence
to supply professional engineering services and architectural
services.
To
qualify for a licence, one partner must be a PE or registered
architect. Other partners can be allied professionals,
licensed corporations or licensed LLPs. Licensed LLPs
shall be managed by a supervising partner, who must
be a PE or registered Architect. The licensed LLPs must
also take up professional liability insurance. |
3 |
Fine-tune Disciplinary Proceedings
|
| |
-
A complaint against a PE or architect is heard and decided
by the entire Board.
-
Court conviction may not necessarily be accepted as
final and conclusive.
-
No time period is set for completion of investigation
into each complaint. |
-
A complaint against a PE or Architect will be heard
and decided by a Disciplinary Committee (DC), following
the findings of an Investigation Committee. Each Disciplinary
Committee will comprise of no fewer than 3 PEs of at
least 10 years’ standing (at least 2 shall be
Board members) and a lay person.
- Disciplinary Committee will be given the right to
accept court convictions related to the complaint case
as final and conclusive.
- A time period of 3 months is set for completion of
investigation into each complaint.
|
4 |
Change Paid-up Capital Requirement
|
| |
Paid-up
capital of $1 million is required. |
The
required paid-up capital is reduced to $500,000. |
5 |
Tighten Penalties against Errant Professionals
|
| |
-
The maximum period of suspension is one year.
- Application for reinstatement following de-registration
is allowed after two years
-
Board can impose only one disciplinary action, i.e.
either de-registration, suspension, fine or censure.
-
No current provision. |
-
The maximum period of suspension will be raised to two
years.
-
Application for reinstatement following de-registration
is allowed only after three years.
-
The Boards can impose a combination of disciplinary
actions (i.e. de-registration, suspension, fine and
censure).
-
The Boards can recover legal costs incurred during the
disciplinary proceedings. |
Table
2: Summary of the proposed changes applicable only
to the Professional Engineers Board (PEB).
| |
EXISTING
PROVISIONS |
PROPOSED
AMENDMENTS/ PROVISIONS |
| 1 |
Streamline Registration System for PEs
|
| 1.1 |
Criteria
for registration |
| |
Applicants
must have either:
a)
at least 2 years of professional experience in Singapore
and pass an examination; or
b)
5 years of professional experience including at least
2 years practical experience in Singapore; or
c)
10 years practical experience in engineering works. |
Work
experience requirements will be streamlined to a single
level of at least 4 years of engineering work experience
and a pass in an examination. |
2 |
Amend Scope of PE Registration
|
| |
PEB
registers Professional Engineers (PEs) from the 12 disciplines
of engineering, namely Aeronautical, Chemical, Civil,
Electrical, Electronic, Environmental, Industrial, Information
Technology, Marine, Naval Architecture, Mechanical and
Production/Manufacturing. |
PEB
will only register PEs from the 3 construction-related
disciplines (i.e. Electrical, Civil, and Mechanical). |
3 |
Register PEs with Geotechnical Specialisation
|
| |
No
current provision. |
The
Board can register categories of specialist professional
engineers who will be required to take on specialised
areas of work.
This
provision is introduced in response to JRC’s recommendation
that deep excavation works should be carried out by
professional engineers who specialise in geotechnical
engineering. |
Table
3: Summary of the proposed changes applicable only
to the Board of Architects (BOA).
| |
EXISTING
PROVISIONS |
PROPOSED
AMENDMENTS/ PROVISIONS |
| 1 |
Approve Names of New Licensed Architectural Corporations
|
| |
No
current provision. |
Names
of new licensed architectural corporations and partnerships
requirethe BOA’s approval. |
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Last updated on 18 May 2006
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