ARCHITECTS (REGISTRATION, ETC.) ACT

ARRANGEMENT OF SECTIONS

Architects Registration Council of Nigeria

SECTION

1. Use of appellation of “architect”.

2. Establishment of the Architects Registration Council of Nigeria.

3. Financial provisions.

4. Control of Council by Minister

The Registers

5. Preparation and maintenance of the registers.

6. Publication of registers and lists of corrections.

Registration

7. Registration of architects.

8. Persons entitled to registration in special circumstances.

9. Approval of courses, qualifications and institutions.

10. Supervision of instruction and examinations leading to approved qualifications.

11. Certificate of professional competence.

Professional Discipline

12. Establishment of Disciplinary Tribunal and Investigating Panel.

13. Penalties for unprofessional conduct, etc.

Miscellaneous and General

14. Offences.

15. Miscellaneous supplementary provisions.

16. Regulations, rules and orders.

17. Interpretation, etc.

18. Short title.

SCHEDULES

FIRST SCHEDULE

Supplementary Provisions relating to the Council

SECOND SCHEDULE

Supplementary Provisions relating to the Disciplinary Tribunal and Investigating Panel

CHAPTER A19

ARCHITECTS (REGISTRATION, ETC.) ACT

An Act to provide for the registration of the profession of architects by the Architects Registration Council of Nigeria, and for all other matters connected with that profession.

[Commencement. ] [3rd July, 1969]

Architects Registration Council of Nigeria

1. Use of appellation of “architect”

Subject to the provisions of this Act, a person shall not prepare or take full responsibility for the erection or commissioning of architectural building plans or practise or carry on business (other than that having relevance to ship construction, or to landscape or golf-links) under any name, style or title containing the word “architect” unless he is a Nigerian citizen and registered under this Act.

[1990 No. 43.]

2. Establishment of the Architects Registration Council of Nigeria

(1) There shall be established, a body to be known as the Architects Registration Council of Nigeria (in this Act referred to as “the Council”) which shall be a body corporate by the name aforesaid and shall be charged with the general duty of-

(a) determining what standards of knowledge and skill are to be attained by persons seeking to become members of the architectural profession (in this Act referred to as “the profession”) and raising those standards from time to time as circumstances may permit;

(b) securing in accordance with the provisions of this Act, the establishment and maintenance of a register of persons entitled to practise the profession and the publication from time to time of lists of those persons;

(c) performing the other functions conferred on the Council by this Act.

(2) Subject to the provisions of this Act, the Council shall consist of the following-

(a) four persons, one of whom shall be a member of staff of the Ministry to represent the various interests in the field of architecture who shall be appointed by the Minister;

(b) one person to represent each state of the Federation and the Federal Capital Territory, Abuja who shall be appointed by the Minister on the nomination of the Governor of the State and the Minister of the Federal Capital Territory, respectively;

(c) four persons, who shall represent the universities having accredited faculties of architecture on a rotational basis, so however that, no university shall have more than one representative at a time;

(d) four persons, who shall be appointed by the Nigerian Institute of Architects (in this Act referred to as “the Institute) in the manner for the time being provided by the constitution of the Institute:

Provided that, a person shall not be appointed as a member of the Council unless he is fully registered as an architect under this Act and at the date of his appointment he has been engaged in architectural practice for a period of not less than ten years.

[1990 No. 43. S.1. 5 0f 2001.]

(3) The provisions of the First Schedule to this Act shall have effect with respect to the qualification and tenure of office of members of the Council, powers and procedure of the Council and the other matters there mentioned.

[First Schedule.]

(4) The Minister may, make regulations for increasing or reducing the membership of the Council as and when the Minister may consider it expedient.

[1990 No. 43.]

3. Financial provisions

(1) The Council shall prepare and submit to the Minister not later than the 31st day of December of the year in which this subsection comes into force (so however for that year the Minister may, if he considers it necessary, extend the period) and of each subsequent year, an estimate of its expenditure and income during the next succeeding financial year.

(2) The Council shall keep proper records in respect of each financial year, and proper records in relation to those accounts, and shall cause its accounts to be audited as soon as may be after the end of the financial year to which the accounts relate by a firm of auditors approved, as respects that year by the Minister for Finance.

4. Control of Council by Minister

(1) The Minister may, give to the Council directions of a general character or relating generally to particular matters (but not to any individual person or case) with regard to the exercise by the Council of its functions and it shall be the duty of the Council to comply with the directions.

(2) Before giving a direction under the foregoing subsection, the Minister shall serve a copy of the proposed direction on the Council and shall afford the Council an opportunity of making representations to him with respect to the direction; and after considering any representations made to him in pursuance of this subsection, the Minister may give the direction either without modification, or with such modifications as appear to him to be appropriate having regard to the representations.

The Registers

5. Preparation and maintenance of the registers

(1) It shall be the duty of the Council to appoint as the Registrar for the purposes of this Act, a fit and proper person having not less than ten years’ experience as a fully registered Architect.

[1990 No. 43.]

(2) It shall be the duty of the Registrar to prepare and maintain in accordance with rules made by the Council under this section-

(a) registers of the names, addresses and approved qualifications and such other particulars as may be specified, of all persons who are entitled in accordance with the provisions of this Act to be registered as architects and who apply in the specified manner to be so registered;

(b) a register with particulars of architectural firms eligible to practise under the provisions of this Act.

[1990 No. 43.]

(3) The register of architects (in this Act referred to as “the register”) shall consist of two parts of which one shall be in respect of fully registered persons entitled to practise as principals and the other in respect of provisionally registered persons.

(4) Subject to the following provisions of this section, the Council shall make rules with respect to form and keeping of the registers and the making of entries therein, and in particular-

(a) regulating the making of applications for registration and providing for the evidence to be produced in support of applications;

(b) providing for the notification to the Registrar, by the person to whom any registered particulars relate, of any change in those particulars;

(c) authorising a registered person to have any qualification which is registered in relation to his name in addition to or, as he may elect, in substitution for any other qualifications so registered;

(d) specifying the fees to be paid to the Council in respect of the entry of names on the registers and authorising the Registrar to refuse to enter a name on a register until any fee specified for the entry has been paid;

(e) specifying anything falling to be specified under the foregoing provisions of this section,

but rules made for the purposes of paragraph (d) of this subsection shall not come into force until they are confirmed by order of the Minister.

(5) It shall be the duty of the Registrar-

(a) to correct, in accordance with the Council’s directions, any entry in a register which the Council directs him to correct as being in the Council’s opinion an entry which was incorrectly made;

(b) to make from time to time any necessary alterations to the registered particulars of registered persons;

(c) to remove from the part of the register of architects which relates to provisionally registered persons, all particulars relating to a person registered in the other part of that register; and

(d) to remove from the relevant part of the register the name of any registered person who has died, or as the case may be, has ceased to be entitled to be provisionally registered.

(6) If the Registrar-

(a) sends by post to any registered person, a registered letter addressed to him at his address on the register, enquiring whether the registered particulars relating to him are correct and receives no reply to the letter within the period of six months from the date of posting it; and

(b) upon the expiration of that period, sends in like manner to the person in question a second similar letter and receives no reply to that letter within three months from the date of posting it,

the Registrar may, remove the particulars relating to the person in question from the relevant part of the register; and the Council may direct the Registrar to restore to the appropriate part of the register any particulars removed therefrom under this subsection.

6. Publication of registers and lists of corrections

(1) It shall be the duty of the Registrar-

(a) to cause a list of persons whose names and qualifications are indicated in the register to be printed, published, and put on sale to members of the public not later than two years from the beginning of the year in which this subsection comes into force;

(b) in each year after that in which a register is first published under paragraph (a) of this subsection, to cause to be printed, published and put on sale as aforesaid either a corrected edition of the register or a list of alterations made to the register since it was last printed; and

(c) to cause a print of each edition of the register and of each list of corrections to be deposited at the principal offices of the Council,

and it shall be the duty of the Council to keep the register and lists so deposited open at all reasonable times for inspection by members of the public.

(2) In addition, the Registrar shall cause to be published a list of persons qualified as architects but not entitled to practise as principals.

(3) A document purporting to be a print of an edition of a register published under this section by the authority of the Registrar in the current year, or documents purporting to be print of an edition of a register so published in a previous year and of a list of corrections to that edition so published in the current year, shall (without prejudice to any other mode of proof) be admissible in any proceedings as evidence that any person specified in the document, or the documents read together, is exempted or as the case may be, as being fully or provisionally registered, and that any person not so specified is not so exempted or registered.

Registration

7. Registration of architects

(1) Subject to the provisions of this Act and to rules made under section 5 of this Act, a person shall not be entitled to be fully or provisionally registered under this Act as an architect and, when so registered, to practise as such unless-

(a) he has attended a course of training approved by the Council under section 9 of this Act; and

(b) the course was conducted at an institution so approved, or partly at one such institution and partly at another or others; and

(c) he holds a qualification so approved.

(2) Registration in the first instance shall be provisional, unless the Council in its discretion authorises full registration of an applicant.

[1990 No. 43.]

(3) The provisions of the Third Schedule to this Act shall have effect with respect to the professional responsibility of provisionally registered architects under this Act.

[Third Schedule.]

(4) Subject as aforesaid, if in the case of an applicant under section 8 (2) or (3) of this Act, he satisfies the Council on all matters on which the Council requires to be satisfied that he is a fit and proper person, the applicant may likewise be provisionally or fully registered in pursuance of subsection (2) above.

(5) Subject as aforesaid, a person shall be entitled to be fully registered, if being a citizen of Nigeria or a person within section 8 (2) or (3) of this Act, he satisfies the Council-

(a) as to his experience for the purposes of section 11 (1) of this Act;

(b) that he is of good character;

(c) that he has passed the professional practice competence examination conducted by the Institute;

[1990 No. 43.]

(d) that his qualifications as an architect are for the time being accepted by the Council for the purposes of this subsection as respects the profession of an architect;

and save where section 8 (3) of this Act applies-

(e) that where a qualification was acquired outside Nigeria, the applicant for registration under this Act was under no legal disability in the practice of architecture, and if the Council so requires, that he has sufficient practical experience in the profession of an architect,

and the Council shall from time to time publish in the Federal Gazette, particulars of the qualifications for the time being accepted as aforesaid.

(6) A fully registered architect shall be entitled to a stamp from the Council, but any stamp presented in pursuance of this subsection may be withdrawn by the Council from such a member on-

(a) his ceasing to become a registered member;

(b) being convicted of an offence under this Act;

(c) disciplinary grounds.

[1990 No. 43.]

(7) The Council may, with the approval of the Minister, impose further conditions for purposes of any registration under this Act, but such conditions shall not come into force until published in the Gazette.

[1990 No. 43.]

8. Persons entitled to registration in special circumstances

(1) Where at the date of commencement of this Act, a Nigerian citizen holds in Government service (Federal or State) any office carrying with it the designation of “architect” by virtue of which he has control and management of the architectural work of Government as aforesaid, and under his control for the purposes of that work, there is at least one person qualified for registration under this Act as an architect, he may, on application in writing to the Council at any time within six months after its commencement, and on satisfying the Council that-

(a) at the date of his application he was a member of any appropriate institution recognised by the Council;

(b) at that date he had under his control for the purposes of his work, at least one person entitled to registration or duly registered under this Act as an architect; and

(c) he thereafter pays the prescribed fees,

be entitled to provisional registration and to the use of the word “architect” as descriptive of his occupation so long only as he continues to be employed in the public service of the Federation or of a State:

Provided that, such an architect shall not be promoted beyond the rank of a senior architect until his full registration.

[1990 No. 43.]

(2) Subject to the next succeeding subsection, where the Council is satisfied that reciprocal arrangements are in existence between Nigeria and any other country whereby citizens or nationals of that country and those of Nigeria are entitled to practise in that other country as architects on the same or nearly similar terms and conditions, a national or citizen of that other country shall, if resident in Nigeria for not less than five years preceding the date of his application for registration, and on due compliance with any other requirements of the Council, be entitled to be registered as an architect under this Act.

(3) Where any person not being a citizen of Nigeria would, but for this subsection, be required to satisfy the Council as to reciprocal arrangements made and as to his residential qualification and that person is, on or after the commencement of this section, employed in Nigeria as an architect-

(a) under any foreign technical assistance or foreign technical aid programme; or

(b) under a contract of service with the Federal Government or Government of any State of the Federation,

the Council shall, after receipt by it of an application for registration duly made by any person so employed, and upon payment of the prescribed fee and due verification of his qualification but without requiring the person to satisfy the Council as to any such reciprocal arrangements and residential qualification, direct his provisional registration for six months.

[1990 No. 43.]

9. Approval of courses, qualifications and institutions

(1) Subject to subsection (2) of this section, the Council may approve for the purposes of section 7 of this Act-

(a) any course of training which is intended for persons who are seeking to become, or are already qualified as, architects;

(b) any institution, either in Nigeria or elsewhere, which the Council considers is properly organised and equipped for conducting the whole or any part of a course of training approved by the Council under this section;

(c) any qualification which, as a result of examination taken in conjunction with a course of training approved by the Council under this section, is granted to candidates reaching a standard at the examination indicating, in the opinion of the Council, that they have sufficient knowledge and skill to practise architecture as a profession, otherwise than as a principal.

(2) The Council shall from time to time publish in the Federal Gazette, a list of qualifications in the profession of architecture approved by it, and subject thereto, the Council shall not approve for the purposes of subsection (1) of this section, a qualification granted by an Institution in Nigeria unless the qualification has been so published by the Council.

(3) The Council may, upon the recommendation of the Institute, withdraw any approval given under this section in respect of any course, qualification or institution; but before withdrawing such an approval the Council shall-

[1990 No. 43.]

(a) give notice that it proposes to do so to each person in Nigeria appearing to the Council to be a person by whom the course is conducted or the qualification is granted or the institution is controlled, as the case may be; and

(b) afford each such person an opportunity of making to the Council representations with regard to the proposal; and

(c) take into consideration any representations made as respects the proposal in pursuance of the last foregoing paragraph.

(4) As respects any period during which the approval of the Council under this section for a course, qualification or institution is withdrawn, the course, qualification or institution shall not be treated as approved under this section; but the withdrawal of such an approval shall not prejudice the registration or eligibility for registration of any person who by virtue of the approval was registered or eligible for registration (either unconditionally or subject to his obtaining a certificate of professional competence) immediately before the approval was withdrawn.

[1990 No. 43.]

(5) The giving or withdrawal of an approval under this section shall have effect from such date, either before or after the execution of the instrument signifying the giving or withdrawal of the approval, as the Council may specify in that instrument; and the Council shall

(a) as soon as may be possible, publish a copy of every such instrument in the Federal Gazette; and

(b) not later than seven days before its publication as aforesaid, send a copy of the instrument to the Minister.

10. Supervision of instruction and examinations leading to approved qualifications

(1) It shall be the duty of the Council to keep itself informed of the nature of-

(a) the instruction given at approved institutions to persons attending approved courses of training; and

(b) the examinations as a result of which approved qualifications are granted,

and for the purposes of performing that duty, the Council may appoint, either from among its own members or otherwise, persons to visit approved institutions or to attend such examinations.

[1990 No. 43.]

(2) It shall be the duty of the Institute under this subsection to report to the Council on-

(a) the adequacy of the instruction given to persons attending approved courses of training at institutions visited;

(b) the adequacy of the examination attended; and

(c) any other matters relating to the institution or examination on which the Council may, either generally or in a particular case, request the Institute to report,

but the Institute shall not interfere with the giving of any instruction or the holding of any examination.

[1990 No. 43.]

(3) On receiving a report made in pursuance of this section, the Council shall as soon as may be possible, send a copy of the report to the person appearing to the Council to be in charge of the institution or responsible for the examinations to which the report relates requesting that person to make observations on the report to the Council within such period as may be specified in the request, not being less than one month beginning with the date of the request.

11. Certificate of professional competence

(1) Any person who, having qualified as an architect by examination after the commencement of this Act or within two years before its commencement as the case may be, satisfies the conditions mentioned in section 7 (5) (e) and subsection (2) of this section, may apply for and be entitled to receive free of charge, a certificate of professional competence from the Institute entitling him to be fully registered as an architect under this Act; and such certificates shall when received by the person provisionally registered, be filed with his application for full registration.

[1990 No. 43.]

(2) The conditions aforesaid are-

(a) he shall, during his employment after qualification as aforesaid, have acquired practical experience under the personal supervision and guidance of one or more fully registered architect for the period of two years; and

(b) the manner in which he carried out the duties of his employment and his conduct during the period of his employment shall have been satisfactory.

(3) It shall be the duty of the employer being a fully registered architect supervising the work of persons employed by him to-

(a) ensure that the person is afforded proper opportunities of acquiring the practical experience required for the purposes of paragraph (a) of subsection (2) of this section;

(b) provide such person employed by him with the prescribed documents for presentation to the Council.

[1990 No. 43.]

(4) Where after having completed the period mentioned in paragraph (a) of subsection (2) of this section, any person affected applies for and is refused a certificate of professional competence, he shall be entitled-

[1990 No. 43.]

(a) to receive from the Council, particulars in writing of the grounds of the refusal; and

(b) to appeal from the refusal to the Minister, in accordance with rules made by the Council in that behalf (including rules as to the time within which appeals are to be brought),

and on any such appeal, the Minister may either allow the appeal or dismiss it, or direct that the case be referred back to the Council for re-consideration, and subject thereto, no further or other right of appeal shall lie.

(5) Where an appeal is allowed under subsection (4) of this section, the Council shall forthwith issue the certificate of professional competence.

[1990 No. 43.]

Professional Discipline

12. Establishment of Disciplinary Tribunal and Investigating Panel

(1) There shall be a tribunal, to be known as the Architects Disciplinary Tribunal (in this Act referred to as “the Tribunal”), which shall be charged with the duty of considering and determining any case referred to it by the panel established by the following provisions of this section and any other case of which the Tribunal has cognisance under the following provisions of this Act.

(2) The Tribunal shall consist of the President of the Council and eleven other members of the Council appointed by the Council and shall include not less than four members of the Council holding office by virtue of paragraph (d) of subsection (2) of section 2 of this Act, or, where the number of those members is for the time being less than four, all those members.

(3) There shall be a body to be known as the Architects Investigating Panel (in the Act referred to as “the Panel”), which shall be charged with the duty of-

(a) conducting a preliminary investigation into any case where it is alleged that a person fully or provisionally registered has misbehaved in his capacity as an architect, or should for any other reason be the subject of proceedings before the Tribunal; and

(b) deciding whether the case should be referred to the Tribunal.

(4) The Panel shall be appointed by the Council and shall consist of seven members of the Council and two fully registered architects who are not members of the Council.

(5) The provision of the Second Schedule to this Act shall, so far as applicable to the Tribunal and the Panel respectively, have effect with respect to those bodies.

[Second Schedule.]

13. Penalties for unprofessional conduct, etc.

(1) Where-

(a) a person fully registered under this Act is convicted, by any court in Nigeria or elsewhere having power to award imprisonment, of an offence (whether or not an offence punishable with imprisonment) which in the opinion of the Tribunal is incompatible with the status of an architect; or

(b) a person provisionally registered under this Act, is likewise so convicted in circumstances such that the Council is satisfied that his name ought to be removed from the register; or

(c) the Tribunal is satisfied that the name of any person has been fraudulently fully or provisionally registered,

the Tribunal may, if it thinks fit, give a direction reprimanding that person if fully registered or, whether or not fully registered, suspending that person from practice by ordering him not to engage in practice as an architect for such period not exceeding 24 months or ordering the Registrar to strike his name off the relevant part of the register.

[1990 No. 43.]

(2) The Tribunal may, if it thinks fit, defer or further defer is decision as to the giving of a direction under subsection (1) of this section, until a subsequent meeting of the Tribunal; but

(a) no decision shall be deferred under this subsection for periods exceeding two years in the aggregate; and

(b) no person shall be a member of the Tribunal for the purposes of reaching a decision which has been deferred or further deferred, unless, he was present as a member of the Tribunal when the decision was deferred.

(3) For the purposes of subsection (1) of this section, a person shall not be treated as convicted as mentioned in paragraph (a) of that subsection, unless the conviction stands at a time when no appeal or further appeal is pending or may (without extension of time) be brought in connection with the conviction.

(4) When the Tribunal gives a direction under subsection (1) of this section, the Tribunal shall cause notice of the direction to be served on the person to whom it relates.

(5) The person to whom such a direction relates may, at any time within twenty-eight days from the date of service on him of the notice of the direction, appeal against the direction to the Court of Appeal; and the Tribunal may appear as respondent to the appeal and, for the purpose of enabling directions to be given as to the costs of the appeal and of proceedings before the Tribunal, shall be deemed to be a party thereto whether or not it appears on the hearing of the appeal.

(6) A direction of the Tribunal under subsection (1) of this section shall take effect-

(a) where no appeal under this section is brought against the directions within the time limit for the appeal, on the expiration of that time;

(b) where such an appeal is brought and is withdrawn or struck out for want of prosecution, on the withdrawal or striking out of the appeal;

(c) where such an appeal is brought and is not withdrawn or struck out as aforesaid, if and when the appeal is dismissed,

and shall not take effect, except in accordance with the foregoing provisions of this subsection.

(7) A person whose name is removed from the register in pursuance of a direction of the Tribunal under this section shall not be entitled to be registered again except in pursuance of a direction in that behalf given by the Tribunal on the application of that person; and a direction under this section for the removal of a person’s name from the register may prohibit an application under this subsection by that person until the expiration of such period from the date of the direction (and where he has duly made such an application, from the date of his last application) as may be specified in the direction.

Miscellaneous and General

14. Offences

(1) Any person not being an architect or ceasing to be entitled to full registration under this Act, who-

(a) for, or in expectation of reward, practises or holds himself out to practise as such; or

(b) without reasonable excuse takes or uses any name, title, addition or description implying that he is authorised by law to practise as an architect,

shall be guilty of an offence.

(2) Subject as aforesaid, any person on the provisional register who-

(a) for, or in expectation of reward, practises or holds himself out as authorised to practise other than as permitted in the Third Schedule; or

[Third Schedule.]

(b) without reasonable excuse takes or uses any name, title, addition or description implying that he is authorised by law to practise other than as is prescribed in the Third Schedule,

shall be guilty of an offence.

[1990 No. 43.]

(3) If any person, for the purpose of procuring the registration of any name, qualification or other matter-

(a) makes a statement which he believes to be false in a material particular; or

(b) recklessly makes a statement which is false in a material particular,

he shall be guilty of an offence.

(4) If the Registrar or any other person employed by the Council wilfully makes any falsification in any matter relating to the register, he shall be guilty of an offence.

(5) A person guilty of an offence under this section shall be liable-

(a) on conviction in the Federal High Court to a fine not exceeding N5,000 or not less thanN1,000 or to imprisonment for a term not exceeding two years or to both such fine and imprisonment;

(b) on conviction in a High Court, to a fine not exceeding Nl,000 or imprisonment for a term not exceeding two years, or to both.

[1990 No. 43.]

(6) Where an offence under this section which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate, or any person purporting to act in any such capacity, he, as well as the body corporate, shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

(7) Prosecution for an offence committed under this Act shall be conducted in the name of the Council by any of its authorised officers.

[1990 No. 43.]

(8) Without prejudice to the other provisions of this Act, offences under this Act shall be triable in the Federal High Court.

[1990 No. 43.]

15. Miscellaneous supplementary provisions

(1) Unless otherwise authorised or exempted under this Act, a person shall not hold an appointment in the public service of the Federation or a State or in the armed forces of the Federation requiring status as an architect.

(2) An architect under this Act shall, but to the extent only of his particular qualifications, be entitled to practise as an architect throughout the Federation.

(3) It shall be the duty of the person in charge of each University having attached thereto a Faculty of Architecture in the Federation at which there is held a course of training intended for persons who are seeking to become architects under this Act, to furnish to the Registrar, not later than the thirty-first day of March in every year, a list of the names and of such other particulars as the Council may by order specify, of all persons who attended any such course at the institution in question at any time during the preceding year.

(4) A provisionally registered architect other than one holding appointment in the public service of the Federation or of a State shall-

(a) not hold a professional responsibility for any domestic building project exceeding two floors in height;

(b) undertake other projects not falling under paragraph (a) of this subsection, under the supervision of a fully registered architect.

[1990 No. 43.]

16. Regulations, rules and orders

(1) Any power to make regulations, rules or orders conferred by this Act shall include power to make-

(a) provisions for such incidental and supplementary matters as the authority making the instrument considers expedient for the purposes of the instrument; and

(b) different provisions for different circumstances.

17. Interpretation, etc.

(1) In this Act, unless the context otherwise requires-

“approved” means for the time being approved by the Council under section 9 of this Act;

“approved architectural qualification” means a qualification which is approved by the Council this Act;

“architect” means any person professionally entitled to registration under this Act;

“architecture” means the art and science in theory and practice of design, erection, commissioning, maintenance and management and co-ordination of allied professional inputs thereto of buildings, or part thereof and the layout and master plan of such building or groups of buildings forming a comprehensive institution, establishment or neighbourhood as well as any other organised space, enclosed or opened, required for human and other activities;

[1990 No. 43.]

“certificate of experience” means a certificate granted in pursuance of section 11 of this Act;

“Council” means the Architects Registration Council of Nigeria established by section 2 (1) of the Act;

“Minister” means the Minister charged with responsibility for architecture;

[1990 No. 43]

“Panel” has the meaning assigned to it by section 12 (3) of this Act;

“prescribed” means prescribed by regulations made under this Act;

“register” means the register maintained under this Act;

“registered” shall be construed accordingly;

“Registrar” means the Registrar appointed in pursuance of section 5 of this Act;

“regulations” means regulations made by the Minister;

“Tribunal” has the meaning assigned to it by section 12 (1) of this Act.

(2) References in this Act to employment by a Government, include references to employment by any statutory corporation or State owned company.

(3) For the purposes of this Act-

(a) a person is fully registered, if his name is for the time being entered in the part of the register maintained in respect of architects entitled to practise as principals; and

(b) a person is provisionally registered, if his name is for the time being entered in the other part of that register,

and “fully registered” and “provisionally registered” shall be construed in accordance with paragraphs

(a) and (b) of this subsection.

(4) Any approval, consent, direction, notice, observation, report, representation or request authorised or required to be given or made by or under this Act shall be in writing and may, without prejudice to any other method of service but subject to the provisions of rules made under the Second Schedule to this Act, be served by post.

[Second Schedule.]

18. Short title

This Act may be cited as the Architects (Registration, etc.) Act.

SCHEDULES

FIRST SCHEDULE

[Section 2 (3).]

SUPPLEMENTARY PROVISIONS RELATING TO THE COUNCIL

Qualifications and Tenure of Office of Members

1. (1) Subject to the following provisions of this paragraph, a member of the Council shall hold office for a period not exceeding three years beginning with the date of his appointment, so however that, the term of his office shall not be less than two years, and any period in excess shall be fixed by the Council after consultation, where necessary, with the Minister.

[1990 No. 43.]

(2) Any member of the Council may, by notice in writing to the Council, resign his office.

[1990 No. 43.]

(3) A person who ceases to be a member of the Council shall be eligible again to become a member of the Council.

[1990 No. 43.]

(4) Where a member of the Council ceases to hold office before the date when his term of office would have expired by effluxion of time, the body or person by whom he was appointed shall, as soon as may be, appoint a person to fill the vacancy for the residue of the term aforesaid, so however provisions of this sub-paragraph shall not apply where a member of the Council ceases to hold office at a time when the residue of his term does not exceed one year.

[1990 No. 43.]

(5) Notwithstanding that the term of office of a member of the Council has expired by the effluxion of time, a person appointed as the President, Vice-President or Treasurer of the Council shall continue in that office until a fresh appointment is made to the office.

[1990 No. 43.]

Powers of the Council

2. (1) Subject to the following sub-paragraph and to any direction of the Minister under this Act, the Council shall have power to do anything which in its opinion is calculated to facilitate the carrying on of its activities.

(2) The Council shall not have power to borrow money or to dispose of any property, except with the prior consent of the Minister and shall not have power to pay remuneration (including pensions), allowances or expenses to any member, officer or servant of the Councilor to any other person, except in accordance with scales approved by the Minister.

Proceedings of the Council

3. Subject to the provisions of this Act and of section 27 of the Interpretation Act (which provides for decisions of a body to be taken by a majority of the members of the body and for the Chairman to have a second or casting vote), the Council may, make standing orders regulating the proceedings of the Councilor any committee thereof.

[Cap. 123.]

4. The quorum of the Council shall be ten, so however that, at least one of the persons appointed by the Institute and five of the representatives of the States of the Federation are present at the particular meeting and the quorum of any committee of the Council shall be determined by the Council.

[1990 No. 43.]

5. (1) The Council shall appoint from its members, a President, Vice-President and Treasurer but a member appointed to hold any of these offices who ceases to be a member of the Council shall relinquish his office.

[1990 No. 43.]

(2) At any time while the office of the President is vacant or the President is in the opinion of the Council permanently or temporarily unable to perform the functions of his office, the Vice-President shall perform those functions, and references in this Schedule to the President shall be construed accordingly.

6. (1) Subject to the provisions of any standing orders of the Council, the Council shall meet whenever it is summoned by the President and not less than four times in any financial year; and if the President is required so to do by notice given to him by not less than six other members, he shall summon a meeting of the Council to be held within seven days from the date on which the notice is given.

(2) At any meeting of the Council, the President shall preside, and in his absence or in the absence of the Vice-President, the President shall designate a member to preside at that meeting.

(3) Where the Council desires to obtain the advice of any person on a particular matter, the Council may co-opt him as a member for such period as it thinks fit, but a person who is a member by virtue of this sub-paragraph shall not be entitled to vote at any meeting of the Council and shall not count towards a quorum.

Committees

7. (1) The Council may appoint one or more committees to carry out, on behalf of the Council, such of its functions as the Council may determine.

(2) A committee appointed under this paragraph shall consist of the number of persons determined by the Council, and not more than one third of those persons may be persons who are not members of the Council; and a person other than a member of the Council shall hold office on the committee in accordance with the terms of the instrument by which he is appointed.

(3) A decision of a committee of the Council shall be of no effect until it is confirmed by the Council.

Miscellaneous

8. (1) The fixing of the seal of the Council shall be authenticated by the signature of the President or of some other member authorised generally or specially by the Council to act for that purpose.

(2) Any contract or instrument which, if made or executed by a person not being a body corporate, would not be required to be under seal may be made or executed on behalf of the Council by any person generally or specially authorised to act for that purpose by the Council.

(3) Any document purporting to be a document duly executed under the seal of the Council shall be received in evidence and shall unless the contrary is proved, be deemed to be so executed.

9. The validity of any proceedings of the Councilor a committee thereof shall not be affected by any vacancy in the membership of the Councilor committee, or by any defect in the appointment of a member of the Councilor of a person to serve on the committee, or by reason that a person not entitled to do so took part in the proceedings.

10. Any member of the Council, and any person holding office on a committee of the Council, who has a personal interest in any contract or arrangement entered into or proposed to be considered by the Councilor a committee thereof shall forthwith disclose his interest to the Council and shall not vote on any question relating to the contract or arrangement.

11. A person shall not, by reason only of his membership of the Council, be treated as holding an office of emolument under the Federal Republic of Nigeria or any State thereof.

_______________________

SECOND SCHEDULE

[Section 12 (5).]

SUPPLEMENTARY PROVISIONS RELATING TO THE DISCIPLINARY TRIBUNAL

AND INVESTIGATING PANEL

The Tribunal

1. The quorum of the Tribunal shall be four.

2. (1) The Chief Justice of Nigeria shall make rules as to the selection of members of the Tribunal for the purposes of any proceedings and as to the procedure to be followed and the rules of evidence to be observed in proceedings before the Tribunal.

(2) The rules shall in particular provide-

(a) for securing that notice of the proceedings shall be given, at such time and in such manner as may be specified by the rules, to the person who is the subject of the proceedings;

(b) for determining who, in addition to the person aforesaid, shall be a party to the proceedings;

(c) for securing that any party to the proceedings shall, if he so requires, be entitled to be heard by the Tribunal;

(d) for enabling any party to the proceedings to be represented by a legal practitioner;

(e) subject to the provisions of section 13 (5) of this Act, as to the costs of proceedings before the Tribunal;

(f) for requiring, in a case where it is alleged that the person who is the subject of the proceedings is guilty of infamous conduct in any professional respect, that where the Tribunal adjudges that the allegation has not been proved, it shall record a finding that the person is not guilty of such conduct in respect of the matters to which the allegation relates;

(g) for publishing in the Federal Gazette notice of any direction of the Tribunal which has taken effect providing that a person’s name shall be struck off a register.

3. For the purposes of any proceedings before the Tribunal, any member of the Tribunal may administer oaths and any party to the proceedings may issue out of the registry of the High Court as the case may require, writs of subpoena ad testificandum and duces tecum; but no person appearing before the Tribunal shall be compelled-

(a) to make any statement before the Tribunal tending to incriminate himself; or

(b) to produce any document under such a writ which he could not be compelled to produce at the trial of an action.

4. (1) For the purpose of advising the Tribunal on questions of law arising in proceedings before it, there shall in all such proceedings be an assessor to the Tribunal who shall be appointed by the Council on the nomination of the Chief Justice of Nigeria and shall be a legal practitioner of not less than seven years’ standing.

(2) The Chief Justice of Nigeria shall make rules as to the functions of assessors appointed under this paragraph, and in particular such rules shall contain provisions for securing-

(a) that where an assessor advises the Tribunal on any question of law as to evidence, procedure or any other matter specified by the rules, he shall do so in the presence of every party or person representing a party to the proceedings who appears thereat or, if the advice is tendered while the Tribunal is deliberating in private, that every such party or person as aforesaid shall be informed as to what advice the assessor has tendered;

(b) that every such party or person as aforesaid shall be informed if in any case the Tribunal does not accept the advice of the assessor on such a question as aforesaid.

(3) An assessor may be appointed under this paragraph either generally or for any particular proceedings or class of proceedings, and shall hold and vacate office in accordance with the terms of the instrument by which he is appointed.

The Panel

5. The quorum of the Panel shall be three.

6. (1) The Panel may, at any meeting of the Panel attended by not less than six members of the Panel, make standing orders with respect to the Panel.

(2) Subject to the provisions of any such standing order, the Panel may regulate its own procedure.

Miscellaneous

7. (1) A person ceasing to be a member of the Tribunal or the Panel shall be eligible for reappointment as a member of that body.

(2) A person may, if otherwise eligible, be a member of both the Tribunal and the Panel, but no person who acted as member of the Panel with respect to any case shall act as a member of the Tribunal with respect to that case.

8. The Tribunal or the Panel may act notwithstanding any vacancy in its membership; and the proceedings of either body shall not be invalidated by any irregularity in the appointment of a member of that body, or (subject to sub-paragraph (2) of paragraph 7 above) by reason of the fact that any person who was not entitled to do so took part in the proceedings of that body.

9. The Tribunal and the Panel may each sit in two or more divisions.

10. Any document authorised or required by virtue of this Act to be served on the Tribunal or the Panel shall be served on the Registrar.

11. Any expenses of the Tribunal or Panel shall be defrayed by the Council.

12. A person shall not, by reason only of his appointment as a legal assessor to the Tribunal or as a member of the Panel, be treated as holding an office of emolument under the Federal Republic of Nigeria or any State thereof.

______________________

SUBSIDIARY LEGISLATION

_________________________

List of Subsidiary Legislation

1. Architects (Disciplinary Tribunal and Assessors) Rules.

2. Qualifications for Registration of Architects and Architectural Firms Regulations.

ARCHITECTS (DISCIPLINARY TRIBUNAL AND ASSESSORS) RULES

[L.N. 71 of 1972.]

under paragraphs 2 and 4 (2) of the Second Schedule

[Commencement.] [14th November, 1972]

Composition of the Tribunal

1. Composition of Tribunal

(1) Whenever any case of professional misconduct against an architect is referred to the Tribunal by the Panel, such a case shall be heard by a division of not more than five members, comprising fully registered architects appointed by the Architects Registration Council of Nigeria of whom at least two shall be elected members of the Council.

(2) The President of the Council shall be the Chairman of the Tribunal.

Proceedings before the Tribunal

2. Reference of case to Tribunal

In any case where in pursuance of section 12 (3) of the Act the Panel is of the opinion that a prima faciecase is made against an architect, the Panel shall prepare a report of the case and formulate any appropriate charge and forward them to the Secretary together with all the documents considered by the Panel.

(2) The Secretary shall refer the report and charges to the President of the Council who shall convene a meeting of the Tribunal as set up in accordance with rule 1 above.

3. Parties and appearance

(1) Parties to proceedings before the Tribunal shall be-

(a) the Complainant;

(b) the Respondent;

(c) any other person required by the Tribunal to be joined by leave of the Tribunal.

(2) Any party to the proceedings may appear in person or may be represented by a legal practitioner, so however, that the Tribunal may, if of the opinion that it is necessary in the interest of justice, order a party to the proceedings to appear in person but without prejudice to his right to counsel.

4. Notice of hearing and service

(1) On the direction of the Chairman, the Secretary shall fix a day for the hearing of the case and forthwith thereafter shall, in the form in the Schedule to these rules, serve notice thereof on each party to the proceedings.

(2) The Secretary shall serve on each party, other than the Complainant, copies of the report and all the charges prepared by the Panel and all documents considered by the Panel.

(3) It shall be sufficient compliance with this rule if, any process required to be served is handed to the party concerned or affected personally or is sent by registered post to the last known place of residence or abode of the party.

5. Hearing in absence of parties

(1) Subject to paragraph (2) of this rule, the Tribunal may hear and determine a case in the absence of any party.

(2) Any party to the proceedings before a Tribunal who fails to appear or be represented, or who has previously appeared before that Tribunal but subsequently fails to appear or be represented may, apply within thirty days after the date when the pronouncement of the findings and directions of the Tribunal were given for a re-hearing on the ground of want of notice or other good and sufficient reason; and the Tribunal may, in appropriate cases, grant the application upon such terms as to costs or otherwise as it thinks fit.

6. Witnesses and evidence

The Tribunal may in the course of its proceedings, hear such witnesses and receive such documentary evidence as in its opinion may assist in arriving at a conclusion as to the truth or otherwise of the charges referred to it by the Panel; and in the application of this rule, the provisions of the Evidence Act shall apply to any such proceedings.

[Cap. E14.]

7. Amendment of charges

If in the course of the proceedings it appears to the Tribunal that the charges referred to it by the Panel require to be amended in any respect, the Tribunal may permit such amendment as it thinks fit.

8. Proceedings to be in public

The proceedings of the Tribunal shall be held, and its findings and directions shall be pronounced in public.

9. Adjournment of hearing

The Tribunal may, of its own motion, or upon application of any party, adjourn the hearing on such terms as to costs or otherwise as the Tribunal may think fit.

10. False evidence

If any person wilfully gives false evidence on oath before the Tribunal during the course of any proceedings, or wilfully makes a false statement in any affidavit sworn for the purpose of any such proceedings, the Tribunal may refer the matter to the Attorney-General of the Federation for any action he may deem fit.

11. Findings and costs

If after the hearing, the Tribunal adjudges that the charge of professional misconduct has not been proved, the Tribunal-

(a) shall record a finding that the Respondent is not guilty of such conduct in respect of the matters to which the charge relates;

(b) may nevertheless order any party (except the Complainant) to pay the costs of the proceedings if, having regard to his conduct and to all the circumstances of the case, the Tribunal thinks fit so to order.

12. Publication of Tribunal’s findings

Subject to section 13 (5) of the Act (which relates to appeals), any direction given by the Tribunal shall be published in the Federal Gazette as soon as may be after the direction takes effect.

13. Record of proceedings

(1) Shorthand notes of proceedings may be taken by a person appointed by the Tribunal and any party who appeared at the proceedings shall be entitled to inspect the transcript thereof.

(2) The Secretary shall supply to the person entitled to be heard upon an appeal against the direction of the Tribunal, and to the Architects Registration Council of Nigeria, but to no other person, a copy of the transcript of such notes on payment of such charges as may be determined by the Secretary.

(3) If no shorthand notes are taken, the Chairman shall take a note of the proceedings and, accordingly, the provisions of these rules as to inspection and taking of copies shall apply to such notes.

14. Dispensing with certain provisions

The Tribunal may dispense with any requirements of these rules respecting notices, affidavits, documents, service or time in any case where it appears to the Tribunal to be just to do so; and the Tribunal may in any appropriate case extend the time to do anything under these rules.

15. Power to retain exhibits pending appeal

The Tribunal may order that any documents or other exhibits produced or used at the hearing shall be retained by the Secretary until the time within which an appeal may be entered has expired, and if notice of appeal is given until the appeal is heard or otherwise disposed of.

16. Assessors

(1) An assessor, when nominated in accordance with paragraph 4 (1) of the Second Schedule to the Act, shall be appointed by the Council by instrument, and the assessor shall hold and vacate office as provided in the instrument; and where the appointment is not a general one, it shall have effect only in respect of a particular meeting of the Tribunal.

[Cap. A19. Second Schedule.]

Notice of hearing and service

(2) Subject to the terms of his appointment, an assessor shall attend any meeting of the Tribunal as and when requested to do so by notice in writing given to him by the Secretary, not later than three clear days before the date appointed for the meeting, and he shall thereat advise the Tribunal on questions of law arising in proceedings before it.

(3) Except where the Tribunal is deliberating in private, the advice of the assessor on questions of law as to evidence, procedure and as to compliance with the Act shall be tendered in the presence of every party or of his counsel.

(4) If the advice by the assessor to the Tribunal is given otherwise than in the presence of all parties, or as the case may be of their counsel, the assessor shall, as soon as may be thereafter, inform all the parties as to the nature of the advice given and the reaction thereto of the Tribunal.

17. Interpretation

In these rules, unless the context otherwise requires-

“Chairman” means the chairman of the Architects Disciplinary Tribunal;

“Complainant” means the Architects Investigating Panel or any member thereof;

“Respondent” means the person required to answer any charge of professional misconduct;

“Secretary” means a person appointed to act as the registrar under section 5 (1) of the Act.

18. Short title

These Rules may be cited as the Architects (Disciplinary Tribunal and Assessors) Rules.

______________________

SCHEDULE

[Rule 4 (1).]

Notice of Hearing by the Architects Disciplinary Tribunal

In the matter of the Architects (Registration, etc.) Act (Cap. A19)

AND

In the matter of A.B., an architect

TAKE NOTICE that the report and charges prepared by the Architects Investigating Panel in the

above matter are fixed for hearing by the Architects Disciplinary Tribunal at ————————– on

the ————————– day of ————————– 20 ————————–

Copies of-

(a) the report;

(b) the charges; and

(c)————————– are annexed hereto.

DATED at ————————– this ————————– day of ————————– 20 ————————–

……………………………

Secretary to the Tribunal

_____________________

QUALIFICATIONS FOR REGISTRATION OF ARCHITECTS AND

ARCHITECTURAL FIRMS REGULATIONS

under paragraph 2 (1); First Schedule

[Commencement.] [24th April, 1997]

PART I

Qualifications for the Registration of Architects

1. Recognised qualifications

The qualifications obtained from any of the institutions specified in this paragraph shall qualify an architect for registration by the Council, that is-

[S.1. 6 of 1997.]

(a) a degree or diploma awarded after a minimum of 5 years full-time course from any of Nigeria’s universities or colleges approved by the Council;

(b) any Commonwealth Association of Architects recognised schools;

(c) any foreign schools which have produced accepted Nigerian architects; and

(d) such other qualifications as may be approved, from time to time, by the Council.

2. Sources of training

The sources of training shall be-

(a) an approved professional training accepted by the Council;

(b) certificate of diploma in architecture, awarded by an approved professional institution;

(c) full membership of the Institute after passing the professional practice competence examination; and

(d) a minimum of two years’ post-qualification experience and the passing of the Professional Practice Competence Examination conducted by the Institute.

3. Character Certification

(1) Any person seeking to be registered as a member of the Council shall produce character certification duly signed by any of the following, that is-

(a) a professional;

(b) a member of the clergy; and

(c) a senior civil servant.

(2) The character certification shall specify any previous act of professional misconduct.

4. Reciprocity

(1) The Council, in registering any person as a member, shall require the following as proof of reciprocity-

(a) a copy of registration laws existing in the applicant’s home country;

(b) a letter from the appropriate registration body confirming that Nigerians are registrable in the case of a foreign applicant.

(2) The terms of reciprocity shall be agreed between the Council and corresponding authority in the applicant’s country.

(3) Citizenship of applicant shall be ascertained.

5. Procedure for registration

(1) The procedure for registration with the Council shall be-

(a) a return of application forms duly completed with attachment (if any) to the Registrar;

(b) photocopies of the following, that is-

(i) ordinary level certificate or its equivalent;

(ii) advance level certificate or its equivalent, (if any);

(iii) B.Sc. Arch., M.Sc. Arch. Certificate or their equivalents;

(iv) National Youth Service Corps Discharge Certificate;

(v) evidence of having passed the Institute’s Professional Practice Competence examinations;

(vi) evidence of full membership and registration by the Institute if application is for full registration;

(vii) evidence of having passed the Institute’s Final 11 examinations (where school attended is not accredited or recognised);

(viii) evidence of change of name (if applicable).

(2) The Council shall require the candidates possessing the minimum requirements of credits in G.C.E. “O” level or its equivalent to include Mathematics, Physics, English language and any other two subjects but preferably chosen from Fine Arts, Chemistry, Economics and Geography.

(3) Photocopies of certificates attached to an application shall be endorsed by a member of the Council as follows-

“original seen by me” signed, dated and the seal of the Council shall be affixed by a Council member.

(4) Statements of results shall not be acceptable.

(5) The Council reserves the right to contact an applicant’s school directly for verification of tenure of study and certificates obtained.

(6) Applicants who studied abroad shall attach copies of course transcripts to their certificates and a formal letter authorising the school of study to send transcripts to the Council.

(7) Sponsors and referees columns shall be properly filled.

(8) Current members of the Council are excluded from filling the sponsors column while sponsors or referees shall be required to state clearly-

(a) their names, addresses (not post office box) and affix the Council’s seal;

(b) quoting full registration number and year of registration before signing.

(9) Sponsors shall have had not less than five years’ post-registration experience with the Council.

(10) Two passport photographs of the applicant shall be endorsed and signed by one of the sponsors as follows-

“True appearance of Mr/Mrs/Miss ————————– ” date and signature.

(11) The applicant shall indicate his number in case he has been previously registered with the Council.

(12) The Council shall insist on a formal letter signed by the employer recommending the prospective applicant to the Council for registration.

(13) The Council shall insist on full membership registration with the Institute if application is for full registration.

(14) There shall be preliminary scrutiny of an application by the Registrar.

(15) There shall be a preliminary consideration of an application by the Registration Committee of the Council whose recommendations shall be submitted to Council for approval on each individual case.

(16) The Council’s decision shall be conveyed in writing to the applicant by the Registrar.

(17) Payment of the prescribed fee shall be a pre-condition for registration.

(18) There shall be an annual renewal of registration subject to-

(a) the payment of the prescribed fee to the Council; and

(b) the continued membership of the Institute.

6. Fees

(1) Fees for Registration shall be as follows, that is-

(a) Application Fee-

(i) Provisional Stage I – N700;

(ii) Provisional Stage II – N700;

(iii) Full Membership – N800,

(b) Registration Fee-

(i) Provisional Stage I – N200;

(ii) Provisional Stage II – N500;

(iii) Full Membership – N1,000;

(c) Registration renewal fee for-

(i) Provisional Stage I – N200;

(ii) Provisional Stage II – N500;

(iii) Full Membership N700;

(iv) Permitted Architects N700;

(d) Professional seal fee for professional metal seal for fully registered Architects N3,100.

(2) All fees shall be subject to review from time to time by the Council.

7. The register

The register shall consist of two parts as follows-

PART A

(a) fully registered persons who shall-

(i) be entitled to practise as principals;

(ii) be Nigerians who fulfil Regulations 1, 2, and 3 of these Regulations;

(iii) have passed the Institute’s Professional Practice Competence Examination taken at least two years after graduation and fully registered by the Institute;

(b) fully registered persons who shall-

(i) be entitled to practice as permitted architects;

(ii) be non-Nigerians who are entitled to practise as permitted architects, but have reciprocity with the Council;

PART B

Provisionally registered persons which shall include Nigerian architects who are yet to sit and pass the Institute’s Professional Practice Competence examination and are not fully registered by the Institute.

8. Information required

Registration particulars of individual architects shall include-

(a) Name: —————————————————-

(b) Address: business and residential and change of address: ————————————————————————————————————————————————————

(c) Age, date and place of birth: ————————–

(d) Nature of employment and name and address of employer: ————————–

(e) Nationality: ————————–

(f) Sex: ————————–

(g) File reference number: ————————–

(h) Remarks: ————————–

(i) Duration of Registration: ————————–

9. Responsibility of architects

(1) A person registered by the Council shall-

(a) qualify to be called an “architect”;

(b) be addressed as an “architect” (Arc.); and

(c) practise as such.

(2) Only architects registered fully, or placed on the permitted list, shall.

(a) practise as principals and be issued with the Council’s seal for their drawings;

(b) design and hold professional responsibility for the execution of building projects of any magnitude or complexity.

(3) Architects working for the Federal, a State or Local Government or any public institution shall have the same level of responsibility as specified in paragraph (2) of this regulation.

(4) Provisionally registered Architects shall not take responsibility for any building above two floors in height, until they have passed the Institute’s Professional Practice Competence examination and have been fully registered.

PART II

Qualification for the Registration of Architectural Firms

10. Architectural Firms liable for registration

(1) The following categories of firms shall be registrable with the Council-

(a) CATEGORY A:

Architectural firms incorporated under the Companies and Allied Matters Act, as amended-

(i) business names; or

(ii) bodies corporate with limited or unlimited liability having all the proprietors, subscribers, share-holders and directors as fully registered architects with Nigerian citizenship;

(b) CATEGORY B:

Architectural firms incorporated under the Companies and Allied Matters Act, as amended, limited liability companies in which all the directors and shareholders are professional architects may be registered only if they possess the following, that is-

[Cap. C20.]

(i) the fully registered Nigerian architects hold 60 per cent of the shares jointly or severally in the body corporate;

(ii) the Nigerian directors show indisputable evidence of operational and financial control of the firm commensurate with their rate of share holding;

(iii) the Nigerian directors are signatories (joint or otherwise) to all the bank accounts, annual auditors’ reports and important drawings and documents of the firm;

(iv) the Council reserves the right to call for documentary evidence as proof of compliance with the provisions of sub-paragraphs (i), (ii) and (iii) of this paragraph;

(c) CATEGORY C:

Multi-disciplinary consultancy firms registered under the Companies and Allied Matters Act, as amended as limited liability companies strictly for services offered to the building industry only if they possess the following, that is-

[Cap. C20.]

(i) the fully registered Nigerian architects hold 60 per cent of the shares jointly or severally in the body corporate;

(ii) the Nigerian directors show indisputable evidence of operational and financial control of the firm commensurate with their rate of share holding;

(iii) the Nigerian directors are signatories (joint and otherwise) to all the bank accounts, annual auditors reports and important drawings and documents of the firm;

(vi) the other non-architect directors are fully registered professionals in allied fields in the building industry or as shareholders (holding not more than 10 per cent in the firm’s shares) are allowed in the area of administration and finance.

11. Procedure for registration

(1) The applicant firm shall return the application form duly completed with attachments, to the Registrar and attach photocopies of the following, that is-

(a) in the case of a body corporate with limited liability-

(i) certificate of incorporation;

(ii) Form C.07 and the Memorandum and Article of Association;

(b) in the case of a business name-

(i) certificate of registration;

(ii) Form C.02.

(2) Sponsors columns shall be properly filled with the sponsors clearly stating the following-

(a) names, addresses (not post office box);

(b) affix the Council’s seal;

(c) quote full registration number and year of registration before signing.

(3) The sponsors shall-

(a) be three fully registered architects with the Council and Institute who are not members of the firm and live either within the State or neighbouring State where the firm’s head office is located;

(b) attest to the professional standing of the firm; and

(c) have a minimum of five years’ post-registration with the Council and the Institute.

(4) Two of the sponsors shall be from any of the following groups, that is-

(a) serving members of the Council;

(b) serving members of the Institute.

(5) The attestation by sponsors for a new firm shall refer to the professional standing of the principal(s).

(6) All photocopies of documents attached to the application shall be endorsed as “original seen by me”, signed, sealed and dated by a member of the Council.

(7) Two passport photographs each of the partners, associates, or directors shall be endorsed and signed by one of the sponsors as follows-

“True appearance of Mr/Mrs/Miss ———” date and signature.

(8) The Council shall require that on the return of a completed application form, it shall be accompanied by a formal letter signed by the partners.

(9) The Council reserves the right to request for a confidential report on the firm and the minutes of meeting where the firm was recommended for consideration for registration to the Council from the State Chapter of the Institute where the firm’s Head Office is located.

(10) The Council also reserves the right to contact the Corporate Affairs Commission directly for verification of any information contained in the photocopy of documents attached to the application forms.

(11) There shall be a preliminary scrutiny of the application to be conducted by the Registrar.

(12) Preliminary considerations of application by the Registration Committee whose recommendations shall be submitted to the Council for approval, on each individual case.

(13) The Council’s decision shall be conveyed in writing to the applicant by the Registrar.

(14) Registration shall be on the payment of such fees as may be prescribed by the Council from time to time.

(15) There shall be an annual renewal of the registration subject to-

(a) the payment of the prescribed fee as follows-

(i) Application fee N800;

(ii) Registration fee N5,000;

(iii) Certificate of Registration N2,000;

(iv) Annual renewal fee N3,000;

(b) the continual membership of the Institute by the fully registered Nigerian architect.

12. Interpretation

In these Regulations, unless the context otherwise requires-

“Council” means the Architects Registration Council;

“Institute” means the Nigerian Institute of Architects.

13. Amendment of regulations

These Regulations may be amended, from time to time, with the approval of the Minister.

14. Citation

These Regulations may be cited as the Qualifications for Registration of Architects and Architectural Firms Regulations.

Source: Policy and Legal Advocacy Ce

BUILDERS (REGISTRATION, ETC.)

ACT ARRANGEMENT OF SECTIONS

Establishment of the Council of Registered Builders of Nigeria, etc.

SECTION 1.
Establishment of the Council of Registered Builders of Nigeria. 2. Membership of the Council.

3. Powers of the Council.
4. Fund of the Council.
5. Financial provisions.
6. Power of Minister to issue directives to the Council. The Registrar, etc.
7. Registrar and other staff of the Council. The register
8. Preparation and maintenance of the register.
9. Publication of register and lists of corrections. Registration
10. Registration as builders.
11. Special registration.
12. Approval of courses, qualifications and institutions.
13. Supervision of instruction and examinations leading to approved qualifications.
14. Certificate of experience.
15. Provisional registration of builders. Professional discipline
16. Establishment of Disciplinary Tribunal and Investigating Panel.
17. Penalties for unprofessional conduct, etc. Miscellaneous and general
18. Temporary registration of persons not citizens of Nigeria.
19. Offences.
20. Miscellaneous supplementary provisions.
21. Recovery of fees.
22. Regulations, rules and orders.
23. Interpretation, etc.
24. Short title.

SCHEDULES FIRST SCHEDULE

Supplementary provisions relating to the Council SECOND SCHEDULE Supplementary provisions relating to the Disciplinary Tribunal and Investigating Panel ______________________
BUILDERS (REGISTRATION, ETC.) ACT

An Act to establish the Council of Registered Builders of Nigeria as a body corporate with the general duty of determining who shall be builders and the standard of knowledge and skill to be attained by persons to be registered as builders. [1989 No. 45.] [Commencement. ] [15th December, 1989] Establishment of the Council of Registered Builders of Nigeria, etc. 1. Establishment of the Council of Registered Builders of Nigeria

(1) There is hereby established a body to be known as the Council of Registered Builders of Nigeria (hereafter in this Act referred to as “the Council”).

(2) The Council shall be a body corporate with perpetual succession and a common seal and may sue and be sued in its corporate name and shall be charged with the general duty of-

(a) determining who are builders for the purposes of this Act;
(b) determining what standards of knowledge and skill are to be attained by persons seeking to become registered as builders and reviewing those standards, from time to time, as circumstances may permit;
(c) securing in accordance with the provisions of this Act the establishment and maintenance of a register of persons entitled to practice as builders and the publication, from time to time, of lists of those persons;
(d) regulating and controlling the practice of the building technology profession in all its aspects and ramifications; and
(e) performing such other functions conferred on the Council by this Act. 2. Membership of the Council

(1) Subject to the provisions of this Act, the Council shall consist of the following members, that is-
(a) a chairman;
(b) two persons of whom at least one shall be from the Ministry and the other from amongst other interests in the field of building technology covered by this Act which in the opinion of the Minister are not adequately represented; (c) four persons to represent the States in rotation for two years at a time, so how-ever that no two of such persons shall come from the same State at any time;
(d) five persons elected by the Nigerian Institute of Building in the manner for the time being provided by the constitution of that body; and
(e) three persons to represent the universities and other institutions of higher education (including colleges of technology and polytechnics) offering courses leading to an approved qualification.

(2) The chairman and members mentioned in paragraphs (a), (b), (c), (d), and (e) of subsection (1) of this section shall be appointed by the President on the recommendation of the Minister.

(3) The provisions of the First Schedule to this Act shall have effect with respect to the qualifications and tenure of office of members of the Council, procedure of the Council and the other matters mentioned therein. [First Schedule.] 3. Powers of the Council (1) Subject to subsection (2) of this section and to any directions of the Minister under this Act, the Council shall have powers to do anything which in its opinion is calculated to facilitate the carrying on of its functions under this Act. (2) The Council shall not have power to borrow or to dispose of any property except with the prior consent of the Minister and shall not have power to pay remuneration (including pensions), allowances or expenses to any employee of the Council or any other person except in accordance with scales approved by the Minister. 4. Fund of the Council (1) The fund of the Council shall consist of- (a) all fees and other moneys payable to the Council in pursuance of this Act; and (b) such moneys as may be payable to the Council, whether in the course of the discharge of its functions or otherwise. (2) There shall be paid out of the fund of the Council established pursuant to subsection (1) of this section- (a) the remuneration and allowances of the Registrar and other employees of the Council; (b) such reasonable travelling and subsistence allowances of members of the Council in respect of the time spent on the business of the Council as the Council may, with the approval of the Minister, determine; and (c) any other expenses incurred by the Council in the discharge of its functions under this Act. 5. Financial provisions (1) The Council shall prepare and submit to the Minister, not later than September of each year, an estimate of its expenditure and income during the next succeeding year. (2) The Council shall keep proper accounts in respect of each year, and proper records in relation to those accounts, and shall cause the accounts to be audited within six months after the end of the year to which the accounts relate by a firm of auditors to be appointed by the Council from the list and in accordance with the guidelines supplied by the Auditor-General for the Federation. 6. Power of Minister to issue directives to Council The Minister may give to the Council directives of a general character or relating generally to particular matters (but not to any individual person or case) with regard to the exercise by the Council of its functions under this Act and it shall be the duty of the Council to comply with the directives. The Registrar, etc. 7. Registrar and other staff of the Council (1) The Council shall appoint a registered person of proven integrity to be the Registrar for the purposes of this Act. (2) The Registrar shall, in addition to his other functions under this Act, be the secretary to the Council and shall, on instructions of the chairman of the Council or of any committee thereof, convene meetings of the Council or of any committee thereof and keep minutes of the proceedings at all such meetings. (3) The Council may appoint such other persons to be staff of the Council as the Council may determine to assist the Registrar in the exercise of the functions of the Council under this Act. (4) The Council may, whenever the Registrar is absent or for any reason unable to discharge the functions of his office, appoint an acting Registrar who shall have the same qualifications as in subsection (1) of this section to discharge those functions. (5) The Registrar and other staff of the Council shall hold office on such terms and conditions as the council may, from time to time, with the approval of the Minister, determine. The register 8. Preparation and maintenance of the register (1) The Registrar shall prepare and maintain in accordance with rules made by the Council under this section, a register of the names, addresses and approved qualifications, and of such other particulars as may be specified by the Council, of all persons who are entitled in accordance with the provisions of this Act to be registered as builders and who apply in the specified manner to be so registered. (2) The register shall consist of three parts- (a) one part for fully registered persons; (b) one part for provisionally registered persons; and (c) one part for temporarily registered persons. (3) Subject to the following provisions of this section, the Council shall make rules with respect to the form and keeping of the register and the making of entries, and in particular the Council shall make rules- (a) regulating the making of applications for registration and providing for the evidence to be produced in support of any such application; (b) providing for the notification to the Registrar, by the person to whom any registered particulars relate, of any change in those particulars; (c) authorising a registered person to have any qualification which is, in relation to the profession, whether an approved qualification or an accepted qualification for the purpose of section 10 (2) (a) of this Act registered in relation to his name in addition to or, as he may elect, in substitution for any other qualification so registered; (d) specifying the fees to be paid to the Council in respect of the entry of names on the register and authorising the Registrar to refuse to enter a name in the register until any fee specified for the entry has been paid; (e) specifying anything falling to be specified under the foregoing provisions of this section. (4) Rules made for the purposes of paragraph (d) of subsection (3) of this section shall not come into force until they are confirmed by the Minister. (5) The Registrar shall- (a) correct, in accordance with the Council’s directions, any entry in the register which the Council directs him to correct as being in the Council’s opinion an entry which was incorrectly made; (b) make, from time to time, any necessary alterations to the registered particulars of registered persons; (c) remove from the part of the register which relates to provisionally or temporarily registered person all particulars relating to a person registered in the part of the register for fully registered persons or relating to persons ceasing for any reasons to be entitled to be so provisionally or temporarily registered; and (d) remove from the register the name of any registered person who has died. (6) If the Registrar- (a) sends by post to any registered person a registered letter addressed to him at his address on the register enquiring whether the registered particulars relating to him are correct and receives no reply to the letter within the period of six months from the date of posting it; and (b) upon the expiration of that period, sends in like manner to the person in question a second similar letter and receives no reply to that letter within three months from the date of posting it, the Registrar may remove the particulars relating to the person in question from the relevant part of the register; but the Council may direct the Registrar to restore to the appropriate part of the register any particulars removed therefrom under this subsection. 9. Publication of register and lists of corrections (1) The Registrar shall- (a) cause the register to be printed, published, and put on sale to members of the public not later than two years from the beginning of the year in which this Act comes into force; (b) in each year after that in which a register is published under paragraph (a) of this subsection, cause to be printed, published and put on sale as aforesaid either a corrected edition of the register or a list of alterations made to the register since it was last printed; and (c) cause a print of each edition of the register and of each list of corrections to be deposited at the principal offices of the Council, and the Council shall keep the register and lists so deposited open at all reasonable times for inspection by members of the public. (2) A document purporting to be a print of an edition of a register published under this section by authority of the Registrar in the current year, or documents purporting to be prints of an edition of a register so published in a previous year and of a list of corrections to that edition so published in the current year, shall (without prejudice to any other mode of proof) be admissible in any proceedings as evidence that any person specified in the document, or the documents read together, as being fully, provisionally or temporarily registered is so registered, and that any person not so specified was not so registered. Registration 10. Registration as builders (1) Subject to section 22 and to rules made under section 8 (3) of this Act, a person shall be entitled to be fully registered as a builder under this Act if- (a) he has attended a course of training approved by the Council under section 12 of this Act; (b) the course was conducted at an institution so approved or partly at one such institution and partly at another or others; (c) he holds a qualification so approved; (d) he holds a certificate of experience issued in pursuance to section 14 of this Act; and (e) he is of good character. (2) Subject to section 22 and to rules made under section 8 (3) of this Act, a person shall also be entitled to be fully registered under this Act ifhe satisfies the Council- (a) that he holds a qualification granted outside Nigeria and for the time being accepted by the Council for the purposes of this subsection as respects the building profession; (b) that in the country in which the qualification was granted he was under no legal disability in the practice of building; (c) that he is of good character; and (d) if the Council so requires, that he has sufficient practical experience in building. (3) The Council shall from time to time publish in the Federal Gazette particulars of the qualifications for the time being accepted as aforesaid. (4) A person shall be entitled to be provisionally or temporarily registered under this Act in the cases specified in sections 15 or 18 of this Act, as the case may be. 11. Special registration Notwithstanding section 10 (1) of this Act but subject to section 22 and to rules made under section 8 (3) of this Act, a person shall be entitled to be fully registered as a builder under this Act if- (a) he has, by the date of his application for registration, had not less than seven years’ practical experience in building; (b) the level and quality of his practical experience are acceptable to the Council; (c) by the date of his application, he is not less than 35 years of age; (d) he is of good character; and (e) the Council considers that he is otherwise a fit and proper person to be registered. 12. Approval of courses, qualifications and institutions (1) Subject to subsection (2) of this section, the Council may approve for the purposes of section 10 of this Act- (a) any course of training which is intended for persons who are seeking to become or are already members of the building profession, and which the Council considers is designed to confer on persons completing it sufficient knowledge and skill for the practice of that profession; (b) any institution either in Nigeria or elsewhere, which the Council considers is properly organised and equipped for conducting the whole or any part of a course of training approved by the Council under this section; and (c) any qualification which, as a result of an examination taken in conjunction with the course of training approved by the Council under this section, is granted to candidates reaching a standard at the examination indicating, in the opinion of the Council, that they have sufficient knowledge and skill to practice building as a profession. (2) The Council shall, from time to time, publish in the Federal Gazette a list of qualifications, courses and institutions in the profession of building approved by it, and subject thereto, the council shall not approve, for the purposes of subsection (1) of this section, a qualification granted by an institution in Nigeria unless the qualification has been so published by the Council. (3) The Council may, if it thinks fit, withdraw any approval given under this section in respect of any course, qualification or institution; but before withdrawing such an approval, the Council shall- (a) give notice that it proposes to do so to persons in Nigeria appearing to the Council to be persons by whom the course is conducted or the qualification is granted or the institution is controlled, as the case may be; (b) afford each such person an opportunity of making to the Council representations with regard to the proposal; and (c) take into consideration any representations made in relation to the proposal in pursuance of paragraph (b) of this subsection. (4) As respects any period during which the approval of the Council under this section for a course, institution or qualification is withdrawn, the course, institution or qualification shall not be treated as approved under this section; and the withdrawal of such an approval shall not prejudice the registration or eligibility for registration of any person who by virtue of this approval was registered or was eligible for registration (either unconditionally or subject to his obtaining a certificate of experience) immediately before the approval was withdrawn. (5) The giving or withdrawal of an approval under this section shall have effect from such date, after the execution of the instrument signifying the giving or withdrawal of the approval, as the Council may specify in that instrument; and the Council shall- (a) as soon as may be publish a copy of every such instrument in the Federal Gazette; and (b) not later than seven days before its publication as aforesaid, send a copy of the instrument to the Minister for approval. 13. Supervision of instruction and examinations leading to approved qualifications (1) The Council shall keep itself informed of the nature of- (a) the instruction given at approved institutions to persons attending approved courses of training; and (b) the examinations as a result of which approved qualifications are granted, and for the purposes of paragraphs (a) and (b) of this subsection, the Council may appoint, either from among its own members or otherwise, persons to visit approved institutions or to attend such examinations. (2) A person appointed under subsection (1) of this section shall report to the Council on- (a) the adequacy of the instructions given to persons attending approved courses of training at the institutions visited by him; (b) the adequacy of the examinations attended by him; and (c) any other matter relating to the institutions or examinations on which the Council may, either generally or in a particular case, request him to report. (3) A person appointed under subsection (1) of this section shall not interfere with the giving of any instruction or the holding of any examination. (4) On receiving a report made in pursuance of this section, the Council shall, as soon as may be thereafter, send a copy of the report to the person appearing to the Council to be in charge of the institution or responsible for the examinations to which the report relates, requesting that person to make observations on the report to the Council within such period as may be specified in the request, not being less than thirty days beginning with the date of the request. 14. Certificate of experience (1) A person who, after obtaining an approved qualification, satisfies the conditions specified in subsection (2) of this section, shall be entitled to receive free of charge a certificate of experience in the prescribed form from the person in charge of the establishment, undertaking or organisation specified in the subsection. (2) The conditions referred to in subsection (1) of this section are that- (a) the person shall have been employed as a builder for the prescribed period in Nigeria with a view to obtaining a certificate of experience; (b) the person shall have acquired during his employment practical experience under the personal supervision and guidance of one or more registered builders for such periods as may be prescribed; and (c) the manner in which the person carried out the duties of his employment and his conduct during the period of his employment shall have been satisfactory. (3) The employer (being a registered builder) supervising the work of a person employed with a view to obtaining a certificate of experience shall ensure that the person is afforded proper opportunities of acquiring the practical experience required for the purposes of paragraph (b) of subsection (2) of this section. (4) Where a person, after having served his time as specified in paragraph (a) of subsection (2) of this section, is refused a certificate of experience, he shall be entitled- (a) to receive from his employer particulars in writing of the grounds of the refusal; and (b) to appeal from the refusal to a committee of the Council in accordance with rules made by the Council in that behalf (including rules as to the time within which appeals are to be brought) and on any such appeal the committee shall either dismiss the appeal or itself issue the certificate of experience in question or give such other directions in the matter as it considers just. (5) Regulations may provide for the issue of certificates of experience in respect of employment and institutions outside Nigeria. 15. Provisional registration of builders (1) A person who has obtained an approved qualification and satisfies the Registrar that he is of good character and he is about to be employed as mentioned in paragraph (a) of section 14 of this Act shall, subject to section 17 and to rules made under section 8 of this Act, be entitled to be provisionally registered as a builder. (2) A person who is provisionally registered shall, for the purposes of his employment as a builder with a view to obtaining a certificate of experience, but not for any other purposes, be deemed to be fully registered. Professional discipline 16. Establishment of Disciplinary Tribunal and Investigating Panel (1) There shall be a tribunal to be known as the Registered Builders Disciplinary Tribunal (hereafter in this Act referred to as “the Disciplinary Tribunal”) which shall be charged with the duty of considering and determining any case referred to it by the panel established under subsection (3) of this section and any other case of which the Disciplinary Tribunal has cognisance under the following provisions of this Act. (2) The Disciplinary Tribunal shall consist of the chairman of the Council and six other members of the Council appointed by the Council which shall include not less than two members of the Council holding office by virtue of paragraph (d) of subsection (1) of section 2 of this Act. (3) There shall be a body to be known as the Registered Builders Investigating Panel (hereafter in this Act referred to as “the Investigating Panel”) which shall be charged with the duty of- (a) conducting a preliminary investigation into any case where it is alleged that a person fully, provisionally or temporarily registered has misbehaved in his capacity as such, or should for any reason be the subject of proceedings before the Disciplinary Tribunal; and (b) deciding whether the case should be referred to the Disciplinary Tribunal. (4) The Investigating Panel shall be appointed by the Council and shall consist of five members of the Council. (5) The provisions of the Second Schedule to this Act shall, so far as applicable to the Disciplinary Tribunal and the Investigating Panel respectively, have effect with respect to those bodies. [Second Schedule.] 17. Penalties for unprofessional conduct, etc. (1) Where- (a) a person fully or provisionally registered under this Act is convicted by any court of law or tribunal in Nigeria or elsewhere having power to award imprisonment for an offence (whether or not an offence punishable with imprisonment) which in the opinion of the Disciplinary Tribunal is incompatible with the status of a registered builder; or (b) a person temporarily registered under this Act is likewise so convicted in circumstances such that the Disciplinary Committee is satisfied that his name ought to be removed from the register; or (c) the Disciplinary Tribunal is satisfied that the name of any person has been fraudulently registered, the Disciplinary Tribunal may, if it thinks fit, give a direction reprimanding that person if fully registered, or whether or not fully registered, ordering the Registrar to strike his name off the relevant part ofthe register. (2) The Disciplinary Tribunal may, if it thinks fit, defer or further defer its decision as to the giving of a direction under subsection (1) of this section until a subsequent meeting of the Disciplinary Tribunal; but- (a) no decision shall be deferred under this subsection for periods exceeding two years in the aggregate; and (b) no person shall be a member of the Disciplinary Tribunal for the purposes of reaching a decision which has been deferred or further deferred, unless he was present as a member of the Disciplinary Tribunal when the decision was deferred. (3) For the purposes of subsection (1) of this section, a person shall not be treated as convicted as mentioned in paragraph (a) of that subsection, unless the conviction stands at a time when no appeal or further appeal is pending or may (without extension of time) be brought in connection with the conviction. (4) When the Disciplinary Tribunal gives a direction under subsection (1) of this section, the Disciplinary Tribunal shall cause notice of the direction to be served on the person to whom it relates. (5) The person to whom such a direction relates may, at any time within twenty-eight days from the date of service on him of the notice of the direction, appeal against the direction to the Federal High Court; and the Disciplinary Tribunal may appear as respondent to the appeal and, for the purposes of enabling directions to be given as to the costs of the appeal and of proceedings before the Disciplinary Tribunal, shall be deemed to be a part thereto, whether or not it appears on the hearing of the appeal. (6) A direction of the Disciplinary Tribunal under subsection (1) of this section shall take effect where- (a) no appeal under this section is brought against the direction within the time limited for the appeal, on the expiration of that time; (b) such an appeal is brought and is withdrawn or struck out for want of prosecution, on the withdrawal or striking out of the appeal; (c) such an appeal is brought and is not withdrawn or struck out as aforesaid, if and when the appeal is dismissed. (7) A person whose name is removed from the register in pursuance of a direction of the Disciplinary Tribunal under this section shall not be entitled to be registered again except in pursuance of a direction in that behalf given by the Disciplinary Tribunal on the application of that person; and a direction under this section for the removal of a person’s name from the register may prohibit an application under this subsection by that person until the expiration of such period from the date of the direction (and where he has duly made such an application, from the date of his last application) as may be specified in the direction. Miscellaneous and general 18. Temporary registration of persons not citizens of Nigeria (1) Where a person satisfies the Council- (a) that he has been selected for employment for a specified period in a capacity in which a person fully registered as a builder under this Act would normally be employed and that he is or intends to be in Nigeria temporarily for the purposes of serving for that period in the employment in question; and (b) that he holds or has passed examinations necessary for obtaining some qualification granted outside Nigeria which is for the time being accepted by the Council for the purposes of this section as respects the capacity in which, if employed, he is to serve, the Council may, if it thinks fit, give a direction that he shall be temporarily registered as a builder. (2) The temporary registration of a person shall continue only while he is in such employment as is mentioned in subsection (1) (a) of this section and shall cease- (a) on the termination of the period of employment specified by the Council under that subsection; or (b) on the termination of the said employment before the end of that period, whichever first occurs. (3) Nothing in subsection (2) of this section shall preclude the Council from giving a further direction under subsection (1) of this section in respect of a specified period whose commencement coincides with the termination of another such period. (4) A person who is temporarily registered shall, in relation to his employment as mentioned in subsection (1) (a) of this section, and to things done or omitted to be done in the course of that employment, be deemed to be fully registered, but in relation to all other matters he shall be treated as not so registered. (5) In case of doubt as to whether a person’s employment has terminated, the decision of the Council shall be conclusive for the purposes of subsection (2) of this section. (6) Nothing in this section shall have effect to exempt any person temporarily registered as a builder pursuant to this section from payment of an annual practising fee. (7) The Registrar, as directed from time to time by the Council, shall remove from the register the name of any person ceasing to be entitled to the benefit of this section. 19. Offences (1) Any person, not being a registered builder who- (a) for or in expectation of reward, practices or holds himself out to practice as such; or (b) without reasonable excuse, takes or uses any name, title, addition or description implying that he is authorised by law to practise as a registered builder, commits an offence punishable under this Act. (2) Any person on the temporary register who, otherwise than in accordance with section 18 of this Act- (a) for or in expectation of reward, practises or holds himself out to practice as a registered builder; or (b) without reasonable excuse, takes or uses any name, title, addition or description implying that he is authorised by law to practise as a registered builder, commits an offence punishable under this Act. (3) Any person who, for the purpose of procuring the registration of any name, qualification or other matter- (a) makes a statement which he believes to be false in a material particular; or (b) recklessly makes a statement which is false in a material particular, commits an offence punishable under this Act. (4) If the Registrar or any other person employed by the Council wilfully makes any falsification in any matter relating to the register, he commits an offence punishable under this Act. (5) A person who commits an offence under this Act shall be liable- (a) on conviction in a High Court, to a fine not exceeding N1,000 or imprisonment for a term not exceeding two years, or to both such fine and imprisonment; (b) on conviction in any court of inferior jurisdiction, to a fine not exceeding N 500. (6) Where an offence under this Act which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate, or any person purporting to act in any such capacity, he, as well as the body corporate, shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. 20. Miscellaneous supplementary provisions (1) Subject to the following provisions of this section, a person shall not hold any appointment requiring status as a registered builder under this Act in the public service of the Federation or of a State or in the armed forces of the Federation unless he is a builder registered under this Act or otherwise exempted. (2) A registered builder under this Act shall, but to the extent only of his particular qualifications, be entitled to practise as a registered builder throughout the Federation. (3) It shall be the duty of the person in charge of each university or other institution of higher education (including colleges of technology and polytechnics) having attached thereto a faculty or department (howsoever called) of building or building technology at which there is held a course of training intended for persons who are seeking to become registered builders under this Act to furnish to the Registrar, not later than 31 March in every year, a list of the names and of such other particulars as the Council may by order specify, of all persons who attended any such course at the institution in question at any time during the preceding year. 21. Recovery of fees A person other than a fully registered builder shall not be entitled to recover by process of law, fees or other valuable consideration whatsoever in respect of any act, matter or thing done or omitted to be done by him in pursuance of any contract while purporting to act as a registered builder. 22. Regulations, rules and orders Any power to make regulations, rules or orders conferred by this Act shall include power- (a) to make provision for such incidental and supplementary matters as the authority making the instrument considers expedient for the purposes of this Act; and (b) to make different provisions for different circumstances. 23. Interpretation, etc. (1) In this Act, unless the context otherwise requires- “approved” means for the time being approved under section 12 of this Act; “approved building technology qualification” means a qualification which is approved in respect of the building profession; “builder” means a person who has received an approved standard of professional training and practice in building and found competent after due examination or holds a qualification acceptable to the Council; �certificate of experience” means a certificate granted in pursuance of section 14 of this Act; “Council” means the Council of Registered Builders of Nigeria established by section 1 (1) of this Act; “Disciplinary Tribunal” has the meaning assigned to it by section 16 (1) of this Act; “Investigating Panel” has the meaning assigned to it by section 16 (3) of this Act; “Minister” means the Minister charged with responsibility for matters relating to building; and “Ministry” shall be construe accordingly; “prescribed” means prescribed by regulations made under this Act; “profession” means the building profession; “public service” means public service of the Federation or of a State, as defined by the Constitution of the Federal Republic of Nigeria, 1999; [Cap. C23.] “register” means the register maintained under this Act and “registered” shall be construed accordingly; “Registrar” means the Registrar appointed in pursuance of section 7 of this Act; “regulations” means regulations made by the Minister. (2) For the purposes of this Act- (a) a person is fully registered if his name is for the time being entered in the part of the register maintained in respect of fully registered persons; (b) a person is provisionally registered if his name is for the time being entered in the part of the register maintained in respect of provisionally registered persons; and (c) a person is temporarily registered if his name is for the time being entered in the part of the register maintained in respect of temporarily registered persons, and “fully registered”, “provisionally registered” and “temporarily registered” shall be construed in accordance with paragraphs (a), (b) and (c) of this subsection. (3) Any approval, consent, direction, notice, observation, report, representation or request authorised or required to be given or made by or under this Act shall be in writing and may, without prejudice to any other method of service but subject to the provisions of rules made under paragraph 2 of the Second Schedule to this Act, be served by post. [Second Schedule.] 24. Short title This Act may be cited as the Builders (Registration, etc.) Act. _______________________ SCHEDULES FIRST SCHEDULE [Section 2 (3).] Supplementary provisions relating to the council Qualifications and tenure of office of members 1. (1) A person shall not be a member of the Council unless he is a citizen of Nigeria and is fully registered, or in the case of the first members of the Council, is eligible for registration as a builder under this Act. (2) A person who is not a member of the Council by virtue of his election by the Nigerian Institute of Building or of his appointment as a member of any of the public services of the Federation or of a State shall, subject to the following provisions of this paragraph, hold office for the period of four years beginning with the date of his appointment or election as a member. (3) Persons elected by the Nigerian Institute of Building shall hold office as members of the Council for such term, not less in any event than two years from the date of election, as may be provided by the constitution of the Institute. (4) Any member of the Council holding office otherwise than by virtue of his appointment as a member of the public service of the Federation or a State as aforesaid may, by notice to the Council, resign his office. (5) A person who has ceased to be a member of the Council shall be eligible again to become a member of the Council but shall cease to be a member after a total period of eight years. (6) Where a member of the Council ceases to hold office before the date when his term of office would have expired by the effluxion of time, the body or person by whom he was appointed or elected shall as soon as may be appoint or, as the case may be, elect a person to fill the vacancy for the residue of the term aforesaid so however that without prejudice to the powers conferred by paragraph (d) of section 2 (1) of this Act, the foregoing provisions of this sub-paragraph shall not apply where a person holding office as a member of the Council in pursuance of that paragraph ceases to hold office at a time when the residue of this terms does not exceed one year. Proceedings of the Council 2. Subject to the provisions of this Act and of section 27 of the Interpretation Act which provides for decisions of a statutory body to be taken by a majority of the members of the body and for the person presiding to have a second or casting vote, the Council may make standing orders regulating the proceedings of the Councilor any committee thereof. [Cap. 123.] 3. The quorum of the Council shall be five if at least one each of the members appointed pursuant to paragraphs (c), (d) and (e) of section 2 (1) of this Act are present; and the quorum of any committee of the Council shall be determined by the Council. 4. (1) The Council shall appoint one of its members to be the vice-chairman of the Council for such period as the council may determine, so however that a vice-chairman who ceases to be a member shall also cease to be vice-chairman. (2) At any time while the office of chairman is vacant or the chairman is in the opinion of the Council permanently or temporarily unable to perform the function of his office, the vice-chairman shall perform those functions and reference in this Schedule to the chairman shall be construed accordingly. 5. (1) Subject to the provisions of any standing orders of the Council, the Council shall meet whenever it is summoned by the chairman; and if the chairman is required so to do by notice given to him by not less than six other members, he shall summon a meeting of the Council to be held within fourteen days from the date on which the notice is given. (2) At any meeting of the Council the chairman or in his absence the vice-chairman shall preside, but if both are absent, the members present at the meeting shall appoint one of their number to preside at that meeting. (3) Where the Council desires to obtain the advice of any person on a particular matter, the Council may co-opt him as a member for such period as it thinks fit; but a person who is a member by virtue of this sub-paragraph shall not be entitled to vote at any meeting of the Council and shall not count towards a quorum. Committees 6. (1) The Council may appoint one or more committees to carry out, on behalf of the Council, such of its functions as the Council may determine. (2) A committee appointed under this paragraph shall consist of such number of persons as may be determined by the Council, and not more than one-third of those persons may be persons who are not members of the Council; and a person other than a member of the Council shall hold office on the committee in accordance with the terms of the letter of his appointment. (3) A decision of a committee of the Council other than the committee mentioned in section 14 (4) of this Act shall be of no effect until it is confirmed by the Council. Miscellaneous 7. (1) The fixing of the seal of the Council shall be authenticated by the signature of the chairman and of some other member authorised generally or specially by the Council to act for that purpose. (2) Any contract or instrument which, if made or executed by a person not being a body corporate, would not be required to be under seal may be made or executed on behalf of the Council by any person generally or specially authorised to act for that purpose by the Council. SECOND SCHEDULE [Section 16 (5).] Supplementary provisions relating to the disciplinary tribunal and investigating panel The Tribunal 1. The quorum of the Disciplinary Tribunal shall be three. 2. (1) The Attorney-General of the Federation shall make rules as to the procedure to be followed and the rules of evidence to be observed in proceedings before the Disciplinary Tribunal. (2) The rules shall in particular provide- (a) for securing that notice of the proceedings shall be given, at such time and in such manner as may be specified by the rules, to the person who is the subject of the proceedings; (b) for determining who, in addition to the person aforesaid, shall be a party to the proceedings; (c) for securing that any party to the proceedings shall, if he so requires, be entitled to be heard by the Disciplinary Tribunal; (d) for enabling any party to the proceedings to be represented by a legal practitioner; (e) subject to the provisions of section 17 (5) of this Act, as to the costs of proceedings before the Disciplinary Tribunal; (f) for requiring, in a case where it is alleged that the person who is the subject of the proceedings is guilty of infamous conduct in any professional respect, that where the Disciplinary Tribunal adjudges that the allegation has not been proved it shall record a finding that the person is not guilty of such conduct in respect of the matter to which the allegation relates; (g) for publishing in the Federal Gazette notice of any direction of the Disciplinary Tribunal which has taken effect providing that a person’s name shall be struck off a register. 3. For the purposes of any proceedings before the Disciplinary Tribunal, any member of the Disciplinary Tribunal may administer oaths and any party to the proceedings may issue out of the registry of the High Court, as the case may require, writs of subpoena ad testificandum and duces tecum; but no person appearing before the Disciplinary Tribunal shall be compelled- (a) to make any statement before the Disciplinary Tribunal tending to incriminate himself; or (b) to produce any document under such a writ which he could not be compelled to produce at the trial of an action. Assessor 4. (1) For the purposes of advising the Disciplinary Tribunal on questions arising in proceedings before it, there shall in all such proceedings be an assessor to the Disciplinary Tribunal who shall be appointed by the Council on the nomination of the Attorney-General of the Federation and shall be a legal practitioner of not less than seven years’ standing. (2) The Attorney-General of the Federation shall make rules as to the functions of assessors appointed under this paragraph, and in particular, such rules shall contain provisions for securing- (a) that where an assessor advises the Disciplinary Tribunal on any question of law as to evidence, procedure or any other matter specified by the rules, he shall do so in the presence of every party or person representing a party to the proceedings who appears thereat or, if the advice is tendered while the Disciplinary Tribunal is deliberating in private, that every such party or person as aforesaid shall be informed as to what advice the assessor has tendered; (b) that every such party or person as aforesaid shall be informed if in any case the Disciplinary Tribunal does not accept the advice of the assessor on such a question as aforesaid. (3) Any assessor may be appointed under this paragraph either generally or specially for any particular proceedings or class of proceedings and shall hold and vacate office in accordance with the terms of the instrument by which he is appointed. The Investigating Panel 5. The quorum of the Investigating Panel shall be three. 6.(1) The Investigating Panel may, at any meeting of the Investigating Panel attended by not less than three of its members make standing orders with respect to the Investigating Panel. (2) Subject to the provisions of any such standing orders, the Investigating Panel may regulate its own procedure. Miscellaneous 7. (1) A person ceasing to be a member of the Disciplinary Tribunal or the Investigating Panel shall be eligible for re-appointment as a member of that body. (2) A person may, if otherwise eligible, be a member of both the Disciplinary Tribunal and the Investigating Panel; but no person who acted as a member of the Investigating Panel with respect to any case shall act as a member of the Disciplinary Tribunal with respect to that case. 8. The Disciplinary Tribunal or the Investigating Panel may act notwithstanding any vacancy in its membership; and the proceedings of either body shall not be invalidated by any vacancy in the membership thereof or by any irregularity in the appointment of a member of that body or, subject to paragraph 7 of this Schedule, by reason that a person not entitled to do so took part in the proceedings. 9. The Disciplinary Tribunal and the Investigating Panel may each sit in two or more divisions. 10. Any document authorised or required by virtue of this Act to be served on the Disciplinary Tribunal or the Investigating Panel shall be served on the Registrar. 11. Any expenses of the Disciplinary Tribunal or the Investigating Panel shall be defrayed by the Council. 12. A person shall not, by reason only of his appointment as an assessor to the Disciplinary Tribunal or as a member of the Investigating Panel, be treated as holding an office in the public service of the Federation or of a State. ___________________ BUILDERS (REGISTRATION, ETC.) ACT SUBSIDIARY LEGISLATION __________________ No Subsidiary Legislation __________________ Source: Policy and Legal Advocacy Centre

ENGINEERS (REGISTRATION, ETC.) ACT

ARRANGEMENT OF SECTIONS

Establishment of the Council for the Regulation of Engineering in Nigeria, etc.

SECTION

1. Establishment of the Council of Registered Engineers of Nigeria.

2. Financial provisions.

3. Control of Council by Minister.

The register

4. Preparation and maintenance of the register.

5. Publication of register and lists of corrections.

Registration

6. Registration as engineers

7. Titles to be used by registered persons.

8. Transfer from one register to the other.

9. Approval of courses, qualifications and institutions.

10. Power to compile list of establishments, etc.

11. Registration of consultants.

12. Supervision of instructions and examinations leading to approved qualifications.

13. Certificate of experience.

Professional discipline

14. The Directorate of the National Youth Service Corps to communicate location of engineers.

15. Establishment of Disciplinary Tribunal and Investigating Panel.

16. Penalties for unprofessional conduct.

17. Provisional registration of persons not citizens of Nigeria.

18. Offences.

19. Miscellaneous and general

20. Recovery of fees, etc.

21. Regulations, rules and orders

22. Interpretation, etc.

23. Short title.

SCHEDULE

First Schedule

Supplementary provisions relating to the Council

SECOND SCHDULE

Supplementary provisions relating to the Disciplinary Tribunal and Investigating Panel

____________________

ENGINEERS (REGISTRATION, ETC.) ACT

An Act to establish the Council of Registered Engineers of Nigeria and to make provisions for other matters connected therewith.

[1970 No. 55.] [5thDecember, 1970] [Commencement. ]

Establishment of the Council for the Regulation of Engineering in Nigeria, etc.

1. Establishment of the Council for the Registration of Engineering in Nigeria

(1) There shall be established on the coming into force of this Act, a body to be known as the Council for the Regulation of Engineering in Nigeria (hereafter in this Act referred to as “the Council”) which shall be a body corporate by the name aforesaid and be charged with the general duty of-

[1992 No. 27.]

(a) determining who are engineers for the purposes of this Act;

(b) determining what standards of knowledge and skill are to be attained by persons seeking to become registered as engineers and raising those standards from time to time as circumstances may permit;

(c) securing, in accordance with the provisions of this Act, the establishment and maintenance of a register of persons entitled to practise as registered engineers and the publication from time to time of lists of those persons;

(d) regulating and controlling the practice of the engineering profession in all its aspects and ramifications;

(e) performing the other functions conferred on the Council by this Act.

(2) Subject to the provisions of this Act, the Council shall consist of the following members from the register of engineers, that is-

(a) one person who shall be elected by the Council as the President;

(b) six persons elected to represent the Nigerian Society of Engineers in the manner provided by the constitution of the Society;

(c) four persons appointed to represent the universities with faculties of engineering in rotation;

(d) one person appointed to represent the polytechnics in rotation;

(e) one person appointed to represent technical colleges in rotation;

(f) six persons appointed to represent the States of the Federation in rotation;

(g) four persons to be nominated by the Minister; and

(h) one person to represent each of the following cadres to be appointed from their respective registers, that is-

(i) registered engineering technologists; (ii) registered engineering technicians; (iii) registered engineering craftsmen.

[1992 No. 27.]

(3) The provisions of the First Schedule to this Act shall have effect with respect to the qualification and tenure of office of members of the Council, powers and procedure of the Council and the other matters there mentioned.

(4) Regulations may provide for increasing or reducing the membership of the Council, and may make such consequential amendments of paragraph 1 of the First Schedule to this Act as the Minister considers expedient in consequence of the increase or reduction.

[First Schedule.]

2. Financial provisions

(1) The Council shall prepare and submit to the Minister not later than the 31st day of December of the year in which this subsection comes into force (so however that for that year the Minister may, if he considers it necessary, extend the period) and of each subsequent year, an estimate of its expenditure and income during the next succeeding financial year.

(2) The Council shall keep proper records in respect of each financial year and proper records in relation to those accounts and shall cause its accounts to be audited as soon as may be after the end of the financial year to which the accounts relate, by a firm of auditors approved as respects that year by the Minister.

3. Control of Council by Minister

(1) The Minister may give to the Council directions of a general character or relating generally to particular matters (but not to any individual person or case) with regard to the exercise by the Council of its functions and it shall be the duty of the Council to comply with the directions.

(2) Before giving a direction under subsection (1) of this section, the Minister shall serve a copy of the proposed direction on the Council and shall afford the Council an opportunity of making representations to him with respect to the direction; and after considering any representations made to him in pursuance of this subsection, the Minister may give the direction either without modification, or with such modifications as appears to him to be appropriate, having regard to the representations.

(3) In pursuance of the provisions of subsections (1) and (2) of this section, the Minister shall, subject to the approval of the President, give necessary inducement to private industries providing adequate training facilities to engineers, engineering technologists, technicians and craftsmen in training.

[1992 No. 27.]

The register

4. Preparation and maintenance of the register

(1) It shall be the duty of the Council to appoint a fit person to be Registrar for the purposes of this Act.

(2) It shall be the duty of the Registrar to prepare and maintain, in accordance with rules made by the Council under this section, a register of the names, addresses and approved qualifications, and of such other particulars as may be specified, of all persons who are entitled in accordance with the provisions of this Act, to be registered as registered engineers and who apply in the specified manner to be so registered.

(3) The registers of engineering personnel (in this Act referred to as “the registers”) shall consist of four registers, one each for-

(a) registered engineers;

(b) registered engineering technologists;

(c) registered engineering technicians; and

(d) registered engineering craftsmen.

[1992 No. 27.]

(4) Subject to the following provisions of this section, the Council shall make rules with respect to the form and keeping of the register and the making of entries therein, and in particular-

(a) regulating the making of applications for registration and providing for the evidence to be produced in support of applications;

(b) providing for the notification to the Registrar, by the person to whom any registered particulars relate, of any change in those particulars;

(c) authorising a registered person to have any qualification which is, in relation to the relevant division of the profession, whether an approved qualification or an accepted qualification for the purpose of section 6 (2) of this Act, registered in relation to his name in addition to or, as he may elect, in substitution for, any other qualifications so registered;

(d) specifying the fees to be paid to the Council in respect of the entry of names on the register and authorising the Registrar to refuse to enter a name on the register until any fees specified for the entry has been paid;

(e) specifying anything falling to be specified under the foregoing provisions of this section,

but rules made for the purposes of paragraph (d) of this subsection shall not come into force until they are confirmed by order of the Minister.

(5) It shall be the duty of the Registrar-

(a) to correct, in accordance with the Council’s directions, any entry in the register which the Council directs him to correct as being in the Council’s opinion an entry which was incorrectly made;

(b) to make from time to time any necessary alterations to the registered particulars of registered persons;

(c) to remove from the part of the register which relates to provisionally registered persons all particulars relating to a person registered in the other part of that register or relating to persons ceasing for any reason to be entitled to be so provisionally registered; and

(d) to remove from the register the name of any registered person who has died.

(6) If the Registrar-

(a) sends by post to any registered person a registered letter addressed to him at his address on the register, enquiring whether the registered particulars relating to him are correct and receives no reply to the letter within the period of six months from the date of posting it; and

(b) upon the expiration of that period sends in like manner to the person in question a second similar letter and receives no reply to that letter within three months from the date of posting it,

the Registrar may remove the particulars relating to the person in question from the relevant part of the register; and the Council may direct the Registrar to restore to the appropriate part of the register any particulars removed therefrom under this subsection.

5. Publication of register and lists of corrections

(1) It shall be the duty of the Registrar-

(a) to cause the register to be printed, published, and put on sale to members of the public, not later than two years from the beginning of the year in which this subsection comes into force; and

(b) in each year after that in which a register is first published under paragraph (a) of this `subsection, to cause to be printed, published and put on sale as aforesaid, either a corrected edition of the register or a list of alterations made to the register since it was last printed; and

(c) to cause a print of each edition of the register and of each list of corrections to be deposited at the principal offices of the Council,

and it shall be the duty of the Council to keep the register and lists so deposited open at all reasonable times for inspection by members of the public.

(2) A document purporting to be a print of an edition of a register published under this section by authority of the Registrar in the current year, or documents purporting to be prints of an edition of a register so published in a previous year and of a list of corrections to that edition so published in the current year, shall (without prejudice to any other mode of proof) be admissible in any proceedings as evidence that any person specified in the document, or the documents read together, as being fully or provisionally registered is so registered, and that any person not so specified, is not so registered.

Registration

6. Registration as engineers

(1) Subject to section 16 and to rules made under section 4 (4) of this Act, a person shall be entitled to be fully registered under this Act if-

(a) he has attended a course of training approved by the Council under the next following section;

(b) the course was conducted at an institution so approved, or partly at one such institution and partly at another or others;

(c) he holds a qualification so approved; and

(d) he holds a certificate of experience issued in pursuance of section 9 of this Act; and

(e) he has completed a minimum of two years’ approved post-graduate training and has passed or is exempted from professional interview;

[1992 No. 27.]

(f) in the case of a craftsman, he has completed a minimum of two years’ working experience in his trade and submits an acceptable certificate of experience;

` [1992 No. 27.]

(g) he has completed his second year of industrial pupillage in an approved establishment.

[1992 No. 27.]

(2) Subject as aforesaid, a person shall also be entitled to be fully registered under this Act if he satisfies the Council-

(a) that he is of good character;

(b) that he holds a qualification granted outside Nigeria and for the time being accepted by the Council for the purposes of this subsection as respects the engineering profession;

(c) that in the country in which the qualification was granted he was under no legal disability in the practice of engineering; and

(d) if the Council so requires, that he has had sufficient practical engineering experience,

and the Council shall from time to time publish in the Federal Gazette particulars of the qualifications for the time being accepted as aforesaid.

(3) Subject as aforesaid, a person shall be entitled to be provisionally registered under this Act in the cases specified in section 12 of this Act.

7. Titles to be used by registered persons

(1) A registered engineer shall use the abbreviation “Engr” before his name.

[1992 No. 27.]

(2) A registered engineering technologist shall use the abbreviation “Engr Tech” after his name.

[1992 No. 27.]

(3) A registered engineering technician shall use the abbreviation “Tech” after his name.

[1992 No. 27.]

(4) A registered engineering craftsman shall use his full title with his trade in bracket under his name.

[1992 No. 27.]

8. Transfer from one register to the other

(1) An engineering craftsman may apply to transfer to the register of engineering technicians if he obtains the Ordinary National Diploma Certificate or an approved equivalent educational qualification and the required working experience.

[1992 No. 27.]

(2) An engineering technician may apply to transfer to the register of engineering technologist if he obtains the Higher National Diploma Certificate or he has successfully completed an equivalent course of study in a polytechnic or college of technology or any other approved institution.

[1992 No. 27.]

(3) An engineering technologist may apply to transfer to the register of engineers if he-

(a) passes the examination accredited by the Council, the academic content of which shall meet the requirement for registration as an engineer; or

(b) attends a post-Higher National Diploma course approved by the Council and run by a polytechnic or university and passes an examination accredited by the Council; or

(c) passes a university degree programme or any examination conducted by any other body authorised by the Council.

[1992 No. 27.]

9. Approval of courses, qualifications and institutions

(1) Subject to subsection (2) of this section, the Council may approve for the purposes of section 6 of this Act-

(a) any course of training which is intended for persons who are seeking to become, or are already, members of the engineering profession, and which the Council considers is designed to confer on persons completing it sufficient knowledge and skill for the practice of that profession or for practice as members of a specialised branch of that profession;

(b) any institution either in Nigeria, or elsewhere, which the Council considers is properly organised and equipped for conducting the whole or any part of a course of training, approved by the Council under this section;

(c) any qualification which, as a result of examination taken in conjunction with the course of training approved by the Council under this section, is granted to candidates reaching a standard at the examination indicating, in the opinion of the Council, that they have sufficient knowledge and skill to practise engineering as a profession.

(2) The Council shall from time to time publish in the Federal Gazette a list of qualifications in the profession of engineering approved by it, and subject thereto the Council shall not approve for the purpose of subsection (1) of this section, a qualification granted by an institution in Nigeria unless the qualification has been so published by the Council.

(3) The Council may, if it thinks fit, withdraw any approval given under this section in respect of any course, qualification or institution; but before withdrawing such an approval the Council shall-

(a) give notice that it proposes to do so to persons in Nigeria appearing to the Council to be persons by whom the course is conducted or the qualification is granted or the institution is controlled, as the case may be;

(b) afford each such person an opportunity of making to the Council representations with regard to the proposal; and

(c) take into consideration any representations made as respects the proposal in pursuance of paragraph (b) of this section.

(4) As respects any period during which the approval of the Council under this section for a course, institution or qualification is withdrawn, the course, institution or qualification shall not be treated as approved under this section; but the withdrawal of such an approval shall not prejudice the registration or eligibility for registration of any person who by virtue of the approval was registered or eligible for registration (either unconditionally or subject to his obtaining a certificate of experience) immediately before the approval was withdrawn.

(5) The giving or withdrawal of an approval under this section shall have effect from such date, either before or after the execution of the instrument signifying the giving or withdrawal of the approval, as the Council may specify in that instrument, and the Council shall-

(a) as soon as may be, publish a copy of every such instrument in the Federal Gazette; and

(b) not later than seven days before its publication as aforesaid, send a copy of the instrument to the Minister.

(6) An educational institution for the training of persons in the engineering profession shall submit a syllabus of its programme, content and minimum facilities to the Council for approval before a course approved by the National Universities Commission or the National Board for Technical Education, or any other engineering body, is commenced.

[1992 No. 27.]

(7) An educational institution applying for approval shall provide necessary facilities to qualify for interim approval before the first visitation is conducted by the Council.

[1992 No. 27.]

(8) The National Universities Commission, the National Board for Technical Education or any other engineering body shall impose any necessary sanction on any institution failing to provide facilities under subsection (7) of this section.

[1992 No. 27.]

10. Power to compile list of establishments, etc.

(1) The Council shall have power to compile the list of establishments which maintain adequate facilities for the training of engineering personnel.

[1992 No. 27.]

(2) In pursuance of the provisions of subsection (1) of this section, the Council shall have the power to inspect approved establishments to confirm, from time to time, the adequacy of facilities within the approved establishments.

[1992 No. 27.]

(3) The Council shall provide facilities for the monitoring of the post-qualification training including the payment of honoraria and expenses to inspectors.

[1992 No. 27.]

(4) The Council shall promote and update practitioners of the engineering profession through continuing education.

[1992 No. 27.]

11. Registration of consultants

(1) The Council shall register annually all organisations performing engineering consultancy services,

[1992 No. 27.]

(2) No firm or partnership shall practice as engineers in Nigeria unless it is registered by the Council.

[1992 No. 27.]

(3) The Council may, from time to time, make regulations controlling the practice of engineering in the construction industry, including regulations as to the full-time or part-time use of persons registered with the Council:

Provided that the Council shall not be involved in the registration of contractors.

[1992 No. 27.]

12. Supervision of instructions and examinations leading to approved qualifications

(1) It shall be the duty of the Council to keep itself informed of the nature of-

(a) the instructions given at approved institutions to persons attending approved courses of training; and

(b) the examinations as a result of which approved qualifications are granted,

and for the purposes of performing that duty the Council may appoint, either from among its own members or otherwise, persons to visit approved institutions or to attend such examinations.

(2) It shall be the duty of a visitor appointed under subsection (1) of this section, to report to the Council on-

(a) the sufficiency of the instructions given to persons attending approved courses of training at institutions visited by him;

(b) the sufficiency of the examinations attended by him; and

(c) any other matter relating to the institutions or examinations on which the Council may, either generally or in a particular case, request him to report,

but no visitor shall interfere with the giving of any instruction or the holding of any examination.

(3) On receiving a report made in pursuance of this section, the Council shall as soon as may be, send a copy of the report to the person appearing to the Council to be in charge of the institution or responsible for the examinations to which the report relates, requesting that person to make observations on the report to the Council within such period as may be specified in the request, not being less than one month, beginning with the date of the request.

13. Certificate of experience

(1) A person who, after obtaining an approved qualification, satisfies the conditions mentioned in subsection (2) of this section, shall be entitled to receive free of charge a certificate of experience in the prescribed form from the person in charge of the institution mentioned in that subsection.

(2) The conditions aforesaid are-

(a) he shall have served his time for the prescribed period in Nigeria with a view to obtaining a certificate of experience;

(b) he shall have acquired during his employment practical experience under the personal supervision and guidance of one or more registered engineers for such periods as may be prescribed; and

(c) the manner in which he carried out the duties of employment and his conduct during the period of his employment shall have been satisfactory.

(3) It shall be the duty of the employer, being a registered engineer, supervising the work of persons employed with a view to obtaining a certificate of experience, to secure that the last-mentioned person is afforded proper opportunities of acquiring the practical experience required for the purposes of paragraph (b) of subsection (2) of this section.

(4) Where, after having served his time as mentioned in paragraph (a) of subsection (2) of this section, a person is refused a certificate of experience, he shall be entitled-

(a) to receive from his employer particulars in writing of the grounds of the refusal; and

(b) to appeal from the refusal to a committee of the Council in accordance with rules made by the Council in that behalf (including rules as to the time within which appeals are to be brought),

and on any such appeal the committee shall either dismiss the appeal or itself issue the certificate of experience in question or give such other directions in the matter as it considers just.

(5) Regulations may provide for the issue of certificates of experience in respect of employment and institutions outside Nigeria.

Professional discipline

14. The Directorate of the National Youth Service Corps to communicate location of engineers

The Directorate of the National Youth Service Corps shall communicate the location of graduate engineers and engineering technologists to the Council.

[1992 No. 27.]

15. Establishment of Disciplinary Tribunal and Investigating Panel

(1) There shall be a tribunal, to be known as the Registered Engineers Disciplinary Tribunal (hereafter in this Act referred to as “the Tribunal”), which shall be charged with the duty of considering and determining any case referred to it by the Panel established by the following provisions of this section and any other case of which the Tribunal has cognisance under the following provisions of this Act.

(2) The Tribunal shall consist of the president of the Council and eleven other members of the Council appointed by the Council, and shall include not less than four members of the Council holding office by virtue of paragraph (d) of subsection (2) of section 1 of this Act or, where the number of those members is for the time being less than four, all those members.

(3) There shall be a body to be known as the Registered Engineers Investigating Panel (hereafter in this Act referred to as “the Panel”), which shall be charged with the duty of-

(a) conducting a preliminary investigation into any case where it is alleged that a person fully or provisionally registered has misbehaved in his capacity as such, or should for any other reason be the subject of proceedings before the Tribunal; and

(b) deciding whether the case should be referred to the Tribunal.

(4) The Panel shall be appointed by the Council and shall consist of seven members of the Council.

(5) The provisions of the Second Schedule to this Act shall, so far as applicable to the Tribunal and the Panel respectively, have effect with respect to those bodies.

[Second Schedule.]

16. Penalties for unprofessional conduct

(1) Where-

(a) a person fully registered under this Act is convicted, by any court in Nigeria or elsewhere having power to award imprisonment, of an offence (whether or not an offence punishable with imprisonment) which in the opinion of the Tribunal is incompatible with the status of a registered engineer; or

(b) a person provisionally registered under this Act is likewise so convicted in circumstances such that the Council is satisfied that his name ought to be removed from the register; or

(c) the Tribunal is satisfied that the name of any person has been fraudulently registered; or

(d) the Tribunal is satisfied that the partnership, firm or organisation has been practising as engineers or engineering consultants without the annual registration,

[1992 No. 27.]

the Tribunal may, if it thinks fit, give a direction reprimanding that person if fully registered or whether or not fully registered, ordering the Registrar to strike his name off the relevant part of the register.

(2) The Tribunal may, if it thinks fit, defer or further defer its decision as to the giving of a direction under subsection (1) of this section until a subsequent meeting of the Tribunal; but-

(a) no decision shall be deferred under this subsection for periods exceeding two years in the aggregate; and

(b) no person shall be a member of the Tribunal for the purposes of reaching a decision which has been deferred or further deferred unless he was present as a member of the Tribunal when the decision was deferred.

(3) For the purposes of subsection (1) of this section, a person shall not be treated as convicted as mentioned in paragraph (a) of that subsection unless the conviction stands at a time when no appeal or further appeal is pending or may (without extension of time) be brought in connection with the conviction.

(4) When the Tribunal gives a direction under subsection (1) of this section, the Tribunal shall cause notice of the direction to be served on the person to whom it relates.

(5) The person to whom such a direction relates may, at any time within 28 days from the date of service on him of the notice of the direction, appeal against the direction to the Court of Appeal, and the Tribunal may appear as respondent to the appeal and, for the purpose of enabling directions to be given as to the costs of the appeal and of proceedings before the Tribunal, shall be deemed to be a party thereto, whether or not it appears on the hearing of the appeal.

(6) A direction of the Tribunal under subsection (1) of this section shall take effect-

(a) where no appeal under this section is brought against the direction within the time limited for the appeal, on the expiration of that time;

(b) where such an appeal is brought and is withdrawn or struck out for want of prosecution, on the withdrawal or striking out of the appeal;

(c) where such an appeal is brought and is not withdrawn or struck out as aforesaid, if and when the appeal is dismissed,

and shall not take effect except in accordance with the foregoing provisions of this subsection.

(7) A person whose name is removed from the register in pursuance of a direction of the Tribunal under this section shall not be entitled to be registered again except in pursuance of a direction in that behalf given by the Tribunal on the application of that person; and a direction under this section for the removal of a person’s name from the register may prohibit an application under this subsection by that person until the expiration of such period from the date of the direction (and where he has duly made such an application, from the date of his last application) as may be specified in the direction.

Miscellaneous and general

17. Provisional registration of persons not citizens of Nigeria

(1) Where a person satisfies the Council-

(a) that he has been selected for employment for a specified period in a capacity in which a person fully registered as an engineer under this Act would normally be employed and that he is or intends to be in Nigeria temporarily for the purposes of serving for that period in the employment in question;

(b) that he holds, or has passed examinations necessary for obtaining some qualification granted outside Nigeria, which is for the time being accepted by the Council for the purposes of this section as respects the capacity in which, if employed, he is to serve,

the Council may, if it thinks fit, give a direction that he shall be temporarily registered as an engineer.

(2) The temporary registration of a person shall continue only while he is in such employment as is mentioned in subsection (1) (a) of this section and shall cease-

(a) on the termination of the period of employment specified to the Council under that subsection; or

(b) on the termination of the said employment before the end of that period,

whichever occurs first:

Provided that nothing in this subsection shall preclude the Council from giving a further direction under subsection (1) of this section in respect of a specified period whose commencement coincides with the termination of another such period.

(3) A person who is temporarily registered shall, in relation to his employment as mentioned in subsection (1) (a) of this section, and to things done or omitted in the course of that employment, be deemed to be fully registered, but in relation to all other matters he shall be treated as not so registered.

(4) In case of doubt as to whether a person’s employment has been terminated, the decision of the Council shall be conclusive for the purposes of subsection (2) of this section.

(5) Nothing in this section shall have effect to exempt any person provisionally registered as an engineer pursuant to this section from payment of an annual practising fee.

(6) The Registrar, as directed from time to time by the Council, shall remove from the register the name of any person ceasing to be entitled to the benefit of this section.

18. Offences

(1) Any person not a registered engineer who-

(a) for or in expectation of reward practises or holds himself out to practise as such; or

(b) without reasonable excuse takes or uses any name, title, addition or description implying that he is authorised by law to practise as a registered engineer,

shall be guilty of an offence.

(2) Any person on the provisional register who, otherwise than in accordance with section 12 of this Act-

(a) for or in expectation of reward, practises or holds himself out to practise as a registered engineer; or

(b) without reasonable excuse takes or uses any name, title, addition or description implying that he is authorised by law to practise as a registered engineer,

shall be guilty of an offence.

(3) If any person, for the purpose of procuring the registration of any name, qualification or other matter-

(a) makes a statement which he believes to be false in a material particular; or

(b) recklessly makes a statement which is false in a material particular,

he shall be guilty of an offence.

(4) If the Registrar or any other person employed by the Council wilfully makes any falsification in any matter relating to the register, he shall be guilty of an offence.

(5) A person guilty of an offence under this section shall be liable-

(a) on conviction in any court of inferior jurisdiction, to a fine not exceeding N100;

(b) on conviction in a High Court, to a fine not exceeding N1, 000 or imprisonment for a term not exceeding two years, or to both such fine and imprisonment.

(6) Where an offence under this section which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate, or any person purporting to act in any such capacity, he, as well as the body corporate, shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

19. Miscellaneous supplementary provisions

(1) Subject to the following provisions of this section, a person shall not hold an appointment requiring status as a registered engineer under this Act in the public service of the Federation or State or in the armed forces of the Federation, unless he is an engineer registered under this Act or is otherwise exempted.

(2) A registered engineer under this Act shall, but to the extent only of his particular qualifications, be entitled to practise as a registered engineer throughout the Federation.

(3) It shall be the duty of any person in charge of any university in the Federation, having attached thereto a faculty of engineering, at which there is held a course of training intended for persons who are seeking to become registered engineers under this Act, to furnish to the Registrar, not later than the thirty-first day of March in every year, a list of the names, and of such other particulars as the Council may by order specify, of all persons who attended any such course at the institution in question at any time during the preceding year.

(4) In this section “public service” includes service as a registered engineer in or with any institution or corporation (Federal or State) or State-owned company.

20. Recovery of fees, etc.

Without prejudice to any rule of law whereby a contract may be avoided for inconsistency with an enactment, a person other than a fully registered engineer shall not be entitled to recover by process of law, fees or other valuable consideration whatsoever in respect of any act, matter or thing done or omitted to be done by him in intended pursuance of any contract while purporting to act as a registered engineer.

21. Regulations, rules and orders

Any power to make regulations, rules or orders conferred by this Act shall include power-

(a) to make provision for such incidental and supplementary matters as the authority making the instrument considers expedient for the purposes of this instrument;

(b) to make different provision for different circumstances; and

(c) to make provisions for the control of the practice of engineering in the construction industry, including rules as to the registration with the Council:

Provided that the Council shall not be involved in the registration of contractors.

[1992 No. 27.]

22. Interpretation, etc.

(1) In this Act, unless the context otherwise requires-

“approved engineering qualification” means a qualification which is approved in respect of the engineering profession;

“approved” means for the time being approved under section 9 of this Act;

“certificate of experience” means a certificate granted in pursuance of section 13 of this Act;

“engineering personnel” includes a registered engineer, engineering technologist, engineering technician and engineering craftsman;

[1992 No. 27.]

“Minister” means the Minister charged with responsibility for matters relating to the engineering profession generally;

“polytechnic” includes colleges of technology;

[1992 No. 27.]

“practice of engineering” includes any professional service or creative work requiring the application of special knowledge of mathematics, physics and engineering in form of consultation, invention, discovery, valuation, research and teaching in recognised engineering institutions, planning, operation, maintenance supervision of construction and installation involving investigating, advising, operating, evaluating, measuring, planning, designing, specifying, laying and directing, constructing, commissioning, inspecting or testing in connection with any public or private utilities, structures, buildings machines, equipment, processes, works or projects;

[1992 No. 27.]

“prescribed” means prescribed by regulations made under this Act;

“register” means the register maintained under this Act, and “registered” shall be construed accordingly;

“registered engineer” means a person registered under this Act;

“regulations” means regulations made by the Minister;

“the Council” means the Council of Registered Engineers of Nigeria established by section 1 (1) of this Act;

“the Panel” has the meaning assigned to it by section 15 (3) of this Act;

“the Registrar” means the Registrar appointed in pursuance of section 4 of this Act;

“the Tribunal” has the meaning assigned to it by section 15 (1) of this Act. (2) For the purpose of this Act-

(a) a person is fully registered if his name is for the time being entered in the part of the register maintained in respect of fully registered persons; and

(b) a person is provisionally registered if his name is for the time being entered in the other part of the register,

and “fully registered” and “provisionally registered” shall be construed in accordance with paragraphs (a) and (b) of this subsection.

(3) Any approval, consent, direction, notice, observation, report, representation or request authorised or required to be given or made by or under this Act shall be in writing and may, without prejudice to any other method of service, but subject to the provisions of rules made under the Second Schedule to this Act, be served by post.

[Second Schedule.]

23. Short title

This Act may be cited as the Engineers (Registration, etc.) Act.

________________

SCHEDULES

FIRST SCHEDULE

Supplementary provisions relating to the Council

Qualifications and tenure of office of members

1. (1) A person shall not be a member of the Council unless he is a citizen of Nigeria, fully registered as an engineer under this Act.

(2) A person who is not a member of the Council by virtue of his election by the Nigerian Society of Engineers or of his appointment as a member of any of the public services of Nigeria or under section 1 (2) (c) of this Act shall, subject to the following provisions of this paragraph, hold office for the period of three years beginning with the date of his appointment or election as a member.

(3) Persons elected by the Nigerian Society of Engineers shall hold office as members of the Council for such term, not less in any event than two years from the date of election, as may be provided by the constitution of that Society.

(4) Any member of the Council holding office otherwise than by virtue of his appointment as a member of the public services as aforesaid may, by notice to the Council, resign his office.

(5) Subject to subsection (2) of section 1 of this Act, a person who has ceased to be a member of the Council shall be eligible again to become a member of the Council.

(6) Where a member of the Council ceases to hold office before the date when his term of office would have expired by the effluxion of time, the body or person by whom he was appointed or elected shall as soon as may be, appoint or, as the case may be, elect a person to fill the vacancy for the residue of the term aforesaid, so however that (without prejudice to paragraph (d) of subsection (1) of section 1 of this Act) the foregoing provisions of this sub-paragraph shall not apply where a person holding office as a member of the Council in pursuance of that paragraph ceases to hold office at a time when the residue of his term does not exceed one year.

(7) The power of appointing a person as president of the Council shall-

(a) during the period of three years beginning with the date when this sub-paragraph comes into force, be exercisable by the Minister; and

(b) after the expiration of that period, be exercisable by the Council, and where an existing member of the Council is appointed president, his office as an existing member shall become vacant and his term of office as president shall begin on the date of his appointment as president.

Powers of the Council

2. (1) Subject to the following sub-paragraph and to any directions of the Minister under this Act, the Council shall have power to do anything which in its opinion is calculated to facilitate the carrying on of its activities.

(2) The Council shall not have power to borrow money or to dispose of any property except with the prior consent of the Minister and shall not have power to pay remuneration (including pensions) allowances or expenses to any member, officer or servant of the Council or to any other person except in accordance with scales approved by the Minister.

Proceedings of the Council

3. Subject to the provisions of this Act and of section 27 of the Interpretation Act (which provides for decisions of a body to be taken by a majority of the members of the body and for chairman to have a second or casting vote), the Council may make standing orders regulating the proceedings of the Council or any committee thereof.

[Cap. 123.]

4. The quorum of the Council shall be eleven and the quorum of any committee of the Council shall be determined by the Council.

5. (1) The Council shall appoint one of its members to be the vice-president of the Council for such period as the Council may determine, so however that a vice-president who cease to be a member shall ceases to be vice-president.

(2) At any time while the office of president is vacant or the president is in the opinion of the Council permanently or temporarily unable to perform the functions of his office, the vice-president shall perform those functions, and references in this schedule to the president shall be construed accordingly.

6. (1) Subject to the provisions of any standing order of the Council, the Council shall meet whenever it is summoned by the president; and if the president is required so to do by notice given to him by not less than six other members, he shall summon a meeting of the Council to be held within seven days from the date on which the notice is given.

(2) At any meeting of the Council the president or in his absence the vice-president shall preside, but if both are absent the members present at the meeting shall appoint one of their number to preside at that meeting.

(3) Where the Council desires to obtain the advice of any person on a particular matter, the Council may co-opt him as a member for such period as it thinks fit; but a person who is a member by virtue of this sub-paragraph shall not be entitled to vote at any meeting of the Council and shall not count towards a quorum.

(4) Notwithstanding anything in the foregoing provision of this paragraph, the first meeting of the Council shall be summoned by the Minister, who may give such directions as he thinks fit to the member who shall preside and the procedure which shall be followed at that meeting.

Committees

7. (1) The Council may appoint one or more committees to carry out, on behalf of the Council, such of its functions as the Council may determine.

(2) A committee appointed under this paragraph shall consist of the number of persons determined by the Council, and not more than one third of those persons may be persons who are not members of the Council; and a person other than a member of the Council shall hold office on the committee in accordance with the terms of the instrument by which he is appointed.

(3) A decision of a committee of the Council other than the committee mentioned in section 13 (4) of this Act shall be of no effect until it is confirmed by the Council.

Miscellaneous

8. (1) The fixing of the seal of the Council shall be authenticated by the signature of the president or of some other member authorised generally or specially by the Council to act for that purpose.

(2) Any contract or instrument which, if made or executed by a person not being a body corporate, would not be required to be under seal, may be made or executed on behalf of the Council by any person generally or specially authorised to act for that purpose by the Council.

___________________

SECOND SCHEDULE

Supplementary provisions relating to the Disciplinary Tribunal and Investigating Panel

[Section 15 (5).]

The Tribunal

1. The quorum of the Tribunal shall be four.

2. (1) The Chief Justice of Nigeria shall make rules as to the selection of members of the Tribunal for the purposes of any proceedings and as to the procedure to be followed and the rules of evidence to be observed in proceedings before the Tribunal.

(2) The rules shall in particular provide-

(a) for securing that notice of the proceedings shall be given, at such time in such manner as may be specified by the rules, to the person who is the subject of the proceedings;

(b) for determining who, in addition to the person aforesaid shall be a party to the proceedings;

(c) for securing that any party to the proceedings shall, if he so requires, be entitled to be heard by the Tribunal;

(d) for enabling any party to the proceedings to be represented by a legal practitioner;

(e) subject to the provisions of section 16 (5) of this Act, as to the costs of proceedings before the Tribunal;

(f) for requiring, in a case where it is alleged that the person who is the subject of the proceedings is guilty of infamous conduct in any professional respect, that where the Tribunal adjudges that the allegation has not been proved it shall record a finding that the person is not guilty of such conduct in respect of the matter to which the allegation relates;

(g) for publishing in the Federal Gazette of notice of any direction of the Tribunal which has taken effect providing that a person’s name shall be struck off a register.

3. For the purposes of any proceedings before the Tribunal, any member of the Tribunal may administer oaths and any party to the proceedings may sue out of the registry of the High Court, as the case may require, writs of subpoena ad testificandum and duces tecum; but no person appearing before the Tribunal shall be compelled-

(a) to make any statement before the Tribunal tending to incriminate himself; or

(b) to produce any document under such a writ which he could not be compelled to produce at the trial of an action.

4. (1) For the purpose of advising the Tribunal on questions of law arising in proceedings before it, there shall in all such proceedings be an assessor to the Tribunal who shall be appointed by the Council on the nomination of the Chief Justice of Nigeria and shall be a legal practitioner of not less than seven years’ standing.

(2) The Chief Justice of Nigeria shall make rules as to the functions of assessors appointed under this paragraph, and in particular such rules shall contain provisions for securing-

(a) that where an assessor advises the Tribunal on any question of law as to evidence, procedure or any other matter specified by the rules, he shall do so in the presence of every party or person representing a party to the proceedings who appears thereat or, if the advice is tendered while the Tribunal is deliberating in private, that every such party or person as aforesaid shall be informed as to what advice the assessor has tendered;

(b) that every such party or person as aforesaid shall be informed if in any case the Tribunal does not accept the advice of the assessor on such a question as aforesaid.

(3) An assessor may be appointed under this paragraph either generally or for any particular proceedings or class of proceedings, and shall hold and vacate office in accordance with the terms of the instrument by which he is appointed.

The Panel

5. The quorum of the Panel shall be three.

6. (1) The Panel may, at any meeting of the Panel attended by not less than six members of the Panel, make standing orders with respect to the Panel.

(2) Subject to the provisions of any such standing orders, the Panel may regulate its own procedure.

Miscellaneous

7. (1) A person ceasing to be member of the Tribunal or the Panel shall be eligible for re-appointment as a member of that body.

(2) A person may, if otherwise eligible, be a member of both the Tribunal and the Panel; but no person who acted as a member of the Panel with respect to any case shall act as a member of the Tribunal with respect to that case.

8. The Tribunal or the Panel may act notwithstanding any vacancy in its membership; and the proceedings of either body shall not be invalidated by any irregularity in the appointment of a member of that body, or (subject to sub-paragraph (2) of paragraph 7 of this Schedule) by reason of the fact that any person who was not entitled to do so took part in the proceedings of that body.

9. The Tribunal and the Panel may each sit in two or more divisions.

10. Any document authorised or required by virtue of this Act to be served on the Tribunal or the Panel shall be served on the Registrar.

11.Any expenses of the Tribunal or the Panel shall be defrayed by the Council.

12.A person shall not, by reason only of his appointment as a legal assessor to the Tribunal or as a member of the Panel, be treated as holding an office of emolument under the Government of the Federation or any State thereof.

ENGINEERS (REGISTRATION, ETC.) ACT

SUBSIDIARY LEGISLATION

________________

List of Subsidiary Legislation

1. Registered Engineers (Disciplinary Tribunal and Assessors) Rules.

________________

REGISTERED ENGINEERS (DISCIPLINARY TRIBUNAL AND ASSESSORS) RULES

ARRANGEMENT OF RULES

Proceedings before the Tribunal

RULES

1. Reference of case to Tribunal.

2. Parties and appearance.

3. Notice of hearing and service.

4. Hearing in absence of parties.

5. Witnesses and evidence.

6. Amendment of charges.

7. Proceedings to be in public.

8. Adjournment of hearing.

9. False evidence.

Findings, etc.

10. Findings and costs.

11. Publication of Tribunal’s findings.

12. Record of proceedings.

13. Dispensing with certain provisions.

14. Power to retain exhibits pending appeal.

15. Appointment and duties of assessors.

Supplementary

16. Interpretation

17. Short title.

SCHEDULE

Notice of hearing by the Registered Engineers Disciplinary Tribunal

_________________

REGISTERED ENGINEERS (DISCIPLINARY TRIBUNAL AND ASSESSORS) RULES

[S.I. 14 of 1980.]

under paragraphs 2 and 4 of the Second Schedule

[20th June, 1980] [Commencement. ]

Proceedings before the Tribunal

1. Reference of case to Tribunal

In any case where in pursuance of section 15 (3) of the Act the Panel is of the opinion that a prima facie case is made against a registered engineer, the Panel shall prepare a report of the case and formulate any appropriate charge or charges and forward them to the secretary together with all the documents considered by the Panel.

2.Parties and appearance

(1) The parties to proceedings before the Tribunal shall be-

(a) the complainant;

(b) the respondent;

(c) any other person required by the Tribunal to be joined or joined by leave of the Tribunal.

(2) Any party to the proceedings may appear in person or be represented by a legal practitioner, so however that the Tribunal may order a party to the proceedings to appear in person if of opinion that it is necessary in the interest of justice but without prejudice to his right to counsel.

3.Notice of hearing and service

(1) On the direction of the chairman, the secretary shall fix a day for the hearing of the case and forthwith thereafter shall, in the form set out in the Schedule to these Rules, serve notice thereof on each party to the proceedings.

(2) The secretary shall serve on each party, other than the complainant, copies of the report and all the charges prepared by the Panel and all documents considered by the Panel.

(3) It shall be sufficient compliance with this rule if any process required to be served is handed to the party concerned or affected personally or is sent by registered post to the last known place of residence or abode of the party.

4.Hearing in absence of parties

(1) Subject to the next succeeding paragraph, the Tribunal may hear and determine a case in the absence of any party.

(2) Any party to the proceedings before a Tribunal who fails to appear or be represented, or who has previously appeared before the Tribunal but subsequently fails to appear or be represented, may apply, within thirty days after the date when the pronouncement of the findings and directions of the Tribunal were given, for a re-hearing on the grounds of want of notice or other good and sufficient reason; and the Tribunal may, in appropriate cases, grant the application upon such terms as to costs or otherwise as it thinks fit.

5. Witnesses and evidence

The Tribunal may in the course of its proceedings hear such witnesses and receive such documentary evidence as in its opinion may assist in arriving at a conclusion as to the truth or otherwise of the charge or charges referred to it by the Panel; and in the application of this rule, the provisions of the Evidence Act or the Evidence Law in force in the State where the Tribunal holds its sittings, shall apply to any such proceedings.

[Cap. E14.]

6. Amendment of charges

If in the course of the proceedings it appears to the Tribunal that the charge or charges referred to it by the Panel require to be amended in any respect, the Tribunal may permit such amendment as it thinks fit.

7. Proceedings to be in public

The proceedings of the Tribunal shall be held, and its findings and directions shall be pronounced, in public.

8. Adjournment of hearing

The Tribunal may, of its own motion or upon application of any party, adjourn the hearing on such terms as to costs or otherwise as the Tribunal may think fit.

9. False evidence

If any person wilfully gives false evidence on oath before the Tribunal during the course of any proceedings, or wilfully makes a false statement in any affidavit sworn for the purpose of any such proceedings, the Tribunal may refer the matter to the Attorney-General of the Federation for any action he may deem fit.

Findings, etc.

10. Findings and costs

If, after the hearing, the Tribunal adjudges that the charge of professional misconduct has not been proved, the Tribunal-

(a) shall record a finding that the respondent is not guilty of such conduct in respect of the matters to which the charge relates;

(b) may, nevertheless, order any party (except the complainant) to pay the costs of the proceedings, if, having regard to his conduct and to all the circumstances of the case, the Tribunal thinks fit so to order.

11. Publication of Tribunal’s findings

Subject to section 16 (3) of the Act (which relates to appeals), any direction given by the Tribunal shall be published in the Federal Gazette as soon as may be after the direction takes effect.

12. Record of proceedings

(1) Shorthand notes of the proceedings may be taken by a person appointed by the Tribunal and any party who appeared at the proceedings shall be entitled to inspect the transcript thereof.

(2) The secretary shall supply to any person entitled to be heard upon an appeal against the direction of the Tribunal, and to the Council of Registered Engineers of Nigeria, but to no other person, a copy of the transcript of such notes on payment of such charges as may be determined by the secretary.

(3) If no shorthand notes are taken, the chairman shall take a note of the proceedings and, accordingly, the provisions of these Rules as to inspection and supplying of copies shall apply to such notes.

13. Dispensing with certain provisions

The Tribunal may dispense with any requirement of these Rules respecting notices, affidavits, documents, service or time in any case where it appears to the Tribunal to be just to do so; and the Tribunal may in any appropriate case extend the time to do anything under these Rules.

14. Power to retain exhibits pending appeal

The Tribunal may order that any documents or other exhibits produced or used at the hearing shall be retained by the secretary until the time within which an appeal may be entered has expired, and if notice of appeal is given, until the appeal is heard or otherwise disposed of.

15. Appointment and duties of assessors

(1) An assessor, when nominated in accordance with paragraph 4 (1) of the Second Schedule to the Act, shall be appointed by the Council by instrument, and the assessor shall hold and vacate office as provided in the instrument; and where the appointment is not a general one, it shall have effect only in respect of a particular sitting of the Tribunal.

[Public Notice 122 of 1948.]

(2) Subject to the terms of his appointment, an assessor shall attend any meeting of the Tribunal as and when requested to do so by notice in writing given to him by the secretary not later than three days before the date appointed for the meeting; and he shall there advise the Tribunal on questions of law arising in proceedings before it.

(3) Except where the Tribunal is deliberating in private, the advice of the assessor on questions of law as to evidence, procedure and as to compliance with the Act, shall be tendered in the presence of every party or of his counsel.

(4) If the advice by the assessor to the Tribunal is given otherwise than in the presence of all parties, or as the case may be of their counsel, the assessor shall, as soon as may be thereafter, inform all the parties as to the nature of the advice and the reaction thereto of the Tribunal.

(5) Fees to be paid to the assessor shall be such as may be determined by the Council from time to time, with the consent of the assessor.

Supplementary

16. Interpretation

In these Rules, unless the context otherwise requires-

“chairman” means the chairman of the Registered Engineers Disciplinary Tribunal;

“complainant” means the Registered Engineers Investigating Panel or any member thereof;

“respondent” means the person required to answer any charge of professional misconduct;

“secretary” means a person appointed to act as the Registrar under section 4 (1) of the Act.

17. Short title

These Rules may be cited as the Registered Engineers (Disciplinary Tribunal and Assessors) Rules.

________________

SCHEDULE

Notice of hearing by the Registered Engineers Disciplinary Tribunal

In the matter of the Engineers (Registration, etc.) Act (Cap.E11)

and

In the matter of A.B., a registered engineer

TAKE NOTICE that the report and charges prepared by the Registered Engineers Investigating Panel in the above matter are fixed for hearing by the Registered Engineers Disciplinary Tribunal at

—————– on the —————– day of—————– 20—————–

Copies of:

(a) the report;

(b) the charges; and

(c) —————–.

are annexed hereto.

DATED the —————– day of —————– 20.—————–

—————–

Secretary to the Tribunal

Source: Policy and Legal Advocacy Centre

SURVEYORS REGISTRATION COUNCIL OF NIGERIA
ACT ARRANGEMENT OF SECTIONS
Surveyors Council of Nigeria

SECTION 1. Establishment of the Surveyors Council of Nigeria.

2. Membership of the Council.
3. Qualifications and tenure of office of members. 4. Functions of the Council. 5. Financial provisions.
6. Power of the Minister to give directives to the Council. The register
7. Appointment of registrar; preparation and maintenance of the register.
8. Publication of register and list of corrections. Registration
9. Registration of surveyors.
10.Approval of institutions, courses of training and qualifications by the Council. I I . Appeal to the Federal High Court.
11. Supervision of instruction and examinations leading to approved qualifications.
12. Certificate of experience.
13. Certificate by the registrar to be evidence of registration, etc.
14. Registrar to notify Institute of entries in register. Professional discipline
16. Disciplinary powers of the Council.
17. Penalties for unprofessional conduct, etc. Miscellaneous
18. Offences.
19. Entitlement to practise, etc.
20. Recovery of fees.
21. Regulations.
22. Repeal, transitional provisions, etc.
23. Interpretation.
24. Short title.

SCHEDULES FIRST SCHEDULE

Supplementary provisions relating to the Council SECOND SCHEDULE Supplementary provisions relating to the Disciplinary Committee and Investigation Panel An Act to establish the Surveyors Registration Council of Nigeria for the registra- tion of surveyors and to provide extensively for the regulation of the practice of the profession. [1989 No. 44.] [15th December, 1989] [Commencement. ] Surveyors Council of Nigeria 1. Establishment of the Surveyors Council of Nigeria (1) There is hereby established a body to be known as the Surveyors Council of Ni- geria (hereafter in this Act referred to as “the Council”). (2) The Council shall be a body corporate with perpetual succession and a common seal and may sue and be sued in its corporate name. 2. Membership of the Council (1) Subject to the provisions of this Act, the Council shall consist of a president who shall be a surveyor to be appointed by the President and the following other members, that is to say- (a) five persons to be appointed by the President of whom at least one shall be the Surveyors-General of the Federation and the others from amongst other inter- ests in the field of surveying (including the Armed Forces) which in the opin- ion of the President ought to be represented; (b) the Surveyor-General of each of the States in the Federation; (c) twelve persons elected by the Nigerian Institute of Surveyors in the manner for the time being provided in its constitution; and (d) four persons appointed by the President from universities or other institutions offering courses leading to an approved qualification in surveying, no two of whom shall come from the same university or institution. (2) The provisions of the First Schedule to this Act shall have effect with respect to the procedure of the Council and the other matters mentioned therein. [First Schedule.] 3. Qualifications and tenure of office of members (1) A person shall not be appointed a member of the Council unless he is a citizen of Nigeria and is fully registered or qualified for registration as a surveyor under this Act and has been engaged in the practice of the profession for not less than five years. (2) The president shall hold office for a period of three years and shall be eligible for re-appointment for one further period of three years and thereafter he shall no longer be eligible for re-appointment. (3) Subject to the following provisions of this section, a person who is a member of the Council, other than as an ex-officio member, shall hold office for a period of three years. (4) The office of a member of the Counci I shall become vacant i f- (a) he becomes bankrupt or makes arrangements with his creditors; or (b) he is as a result of physical or mental illness unable to discharge his functions as a member of the Council; or (c) he is convicted of an offence involving dishonesty, fraud or moral turpitude. (5) Any member of the Council holding office otherwise than by virtue of para- graphs (b) and (c) of subsection (1) of section 2 of this Act may, by notice to the Minis- ter, resign his office. (6) A person who has ceased to be a member of the Council (except in the manner provided in subsection (3) of this section) shall be eligible for re-appointment. (7) Where a member of the Council ceases to hold office before the date when his term of office would have expired by the effluxion of time, the body or person by whom he was appointed or elected shall, as soon as may be, appoint, or as the case may be, elect a person to fill the vacancy for the residue of the term aforesaid, so however that the foregoing provisions of this subsection shall not apply where a person holding office as a member of the Cquncil has ceased to hold office at a time when the residue of his term does not exceed one year. 4. Functions of the Council The Council is hereby charged with the general duty of- (a) determining who are surveyors for the purposes of this Act; (b) determining what standards of knowledge and skill are to be attained by per- sons seeking to become registered as members of the profession of surveying (in this Act referred to as “the profession”) and reviewing those standards, from time to time, as circumstances may require; (c) securing, in accordance with the provisions of this Act, the establishment and maintenance of a register of persons entitled to practice the profession and the publication, from time to time, of lists of such persons; (d) regulating and controlling the practice of the profession in all its ramifications; (e) maintaining, in accordance with this Act, discipline within the profession; and (f) performing the other functions conferred upon the Council by this Act. 5. Financial provisions (1) The Council shall establish and maintain a fund from which there shall be de- frayed all expenditure incurred by the Council. (2) There shall be paid and credited to the fund established pursuant to subsection (1) of this section- (a) such monies as may be provided by the Federal Government to the Council by way of grant or by way of loan or otherwise howsoever; and all other monies that may accrue to the Council under this Act. (b) (3) The Council shall prepare and submit to the Minister not later than 30th of Sep- tember in each year an estimate of its expenditure and income during the next succeeding year. (4) The Council shall keep proper accounts in respect of each year and proper records in relation to those accounts; and shall cause the accounts to be audited as soon as may be after the end of the year to which the accounts relate. (5) The Council shall prepare and submit to the Minister not later than twelve months after its establishment and once in each year thereafter a report on the activities of the Council during the last preceding year, and shall include in the report a copy of the audited accounts of the Council for that year and of the auditors’ report thereon. (6) The Council shall not have power to borrow money or dispose of any property except with the prior consent of the Minister and it shall not have power to pay remu- nerations (including pensions), allowances or expenses to any member, employee of the Council or to any other person, except in accordance with the scales approved by the Minister. 6. Power of the Minister to give directives to the Council The Minister may give to the Council directives of a general character or relating generally to particular matters (but not to any individual person or case) with regard to the exercise by the Council of its functions and it shall be the duty of the Council to com- ply with the directives. The register 7. Appointment of registrar; preparation and maintenance of the register (1) The Council shall appoint a fit and proper person to be the registrar for the pur- poses of this Act. (2) The registrar shall prepare and maintain, in accordance with rules made by the Council under this section, a register of surveyors (in this Act referred to as “the regis- ter”). (3) The register shall contain the names, addresses, approved qualifications and such other particulars as may be specified by the Council, of all persons who are entitled in accordance with the provisions of this Act to be registered as surveyors and who apply in the specified manner to be so registered. (4) The register shall consist of four parts of which the first shall be in respect of sur- veyors, the second in respect of pupil surveyors, the third in respect of survey technolo- gists and the fourth in respect of survey technicians. (5) Subject to the following provisions of this section, the Council may make rules with respect to the form and keeping of the register and the making of entries therein, and in particular- (a) regulating the making of applications for registration and providing for the evidence to be produced in support of applications; (b) providing for the notification to the registrar, by the person to whom any reg- istered particulars relate, of any change in those particulars; (c) authorising a registered person to have any surveying qualification which is registered in relation to his name in addition to or, as he may elect, in substitu- tion for, any other qualification so registered; (d) specifying the fees to be paid to the Council in respect of the entry of names on the register and authorising the registrar to refuse to enter a name on the regis- ter until any fee specified for the entry has been paid; and (e) specifying anything falling to be specified under the foregoing provisions of this section. (6) Any rules made for the purposes of paragraph (d) of subsection (5) of this section shall not come into force until they are confirmed by the Minister. (7) It shall be the duty of the registrar- (a) to correct, in accordance with the Council’s directions, any entry in the register which the Council directs him to correct as being in the Council’s opinion an entry which was incorrectly made; (b) to make, from time to time, any necessary alterations to the registered particu- lars of registered persons; (c) to remove from the relevant part of the register the name of any registered per- son who has died or, as the case may be, has ceased to be entitled to be regis- tered; and (d) to act as secretary to the Council at all meetings. (8) If the registrar- (a) sends by post to any registered person a registered letter addressed to him at his address on the register enquiring whether the registered particulars relating to him are correct and receives no reply to the letter within the period of six months from the date of posting it; and (b) upon the expiration of that period sends in like manner to the person in ques- tion a second similar letter and receives no reply to that letter within three months from the date of posting it, the registrar may remove the particulars relating to the person in question from the rele- vant part of the register: Provided that the Council may, for any reason which seems to it to be sufficient, direct the registrar to restore to the appropriate part of the register any particulars re- moved therefrom under this subsection. 8. Publication of register and list of corrections (1) It shall be the duty of the registrar- (a) to cause a list of persons whose names and qualifications are contained in the register to be printed, published and put on sale to members of the public not later than six months from the beginning of the year in which this Act comes into force; (b) in each year after that in which a register is first published under paragraph (a) of this subsection, cause to be printed, published and put on sale as aforesaid either a corrected edition of the register or a list of corrections made to the register since it was last printed; and (c) to cause a print of each edition of the register and of each list of corrections to be deposited at all offices of the Council and the Council shall cause the regis- trar to keep the register and lists so deposited to remain open at all reasonable times for inspection by members of the public. (2) A document purporting to be a print of an edition of a register published under this section by authority of the registrar in the current year, or documents purporting to be prints of an edition of a register so published in a previous year and of a list of corrections to that edition so published in the current year, shall (without prejudice to any other mode of proof) be admissible in any proceedings as evidence that any person specified in the document or documents read together, as being registered, is so registered, and that any person not so specified is not so registered. Registration 9. Registration of surveyors (1) Subject to rules made under subsection (5) of section 7 of this Act, a person shall be entitled to be registered as a surveyor if- (a) he passes the qualifying examination for registration, recognised or conducted by the Council under this Act; or (b) not being a Nigerian, he holds a qualification granted outside Nigeria which for the time being is accepted by the Council and he is by law entitled to prac- tise for all purposes as a surveyor in the country in which the qualification was granted: Provided that the other country accords Nigerian professional surveyors the same reciprocal treatment and that he satisfies the Council that he has had sufficient practical experiences as a surveyor. (2) Any registration under subsection (1) (b) of this section shall be granted for one year and shall be renewable on an annual basis for another two years. (3) Subject as aforesaid, a person shall also be entitled to be registered as a surveyor under this Act if he holds a certificate recognised by the Council and has not less than two years’ post-qualification practical experience in the profession, and he has passed an examination approved by the Council. (4) An applicant for registration under this Act shall, in addition to evidence of quali- fication, satisfy the Council that- (a) he is of good character; (b) he has attained the age of 21 years; and (c) he has not been convicted in Nigeria or elsewhere of an offence involving fraud or dishonesty. (5) A person shall be entitled to be registered as a pupil surveyor under this Act if- (a) he holds a certificate recognised by the Council and has not had two years’ post-qualification practical experience in the profession; or (b) he has passed an examination approved by the Council and has not had two years’ post-qualification practical experience in the profession. (6) Any entry directed to be made in the register under subsection (5) of this section shall show that the registration is provisional, and no entry so made shall be converted to full registration without the consent of the Council specified in writing in that behalf. (7) A person shall be entitled to be registered as a survey technologist or a survey technician under this Act if he has passed an examination approved, from time to time, by the Council and has had two years’ practical experience as a survey technologist or a sur- vey technician in an office approved by the Council. 10. Approval of institutions, courses of training and qualifications by the Council (1) For the purposes of section 9 of this Act, the Council may approve- (a) any institution, whether in Nigeria or elsewhere, which the Council considers is properly organised and equipped for conducting a course of training ap- proved by the Council under this section; (b) any course of training which is intended for persons who are seeking to be- come or are already members of the profession and which the Council consid- ers is designed to confer on persons completing it sufficient knowledge and skill for the practice of that profession; and (c) any qualification which, as a result of examination taken in conjunction with the course of training approved by the Council under this section, is granted to candidates reaching a standard at the examination indicating, in the opinion of the Council, that they have sufficient knowledge and skill for the practice of the profession. (2) The Council shall, from time to time, publish in the Federal Gazette a list of any qualifications in the profession approved by it and, subject thereto, the Council shall not approve any qualification granted by an institution in Nigeria unless such quali fication has been included in the list published by the Council. (3) The Council may, if it thinks fit, withdraw any approval given under this section in respect of any course, qualification or institution but before withdrawing such an ap- proval, the Council shall- (a) give notice that it proposes to do so to persons in Nigeria appearing to the Council to be persons by whom the course is conducted or the qualification is granted or the institution is controlled, as the case may be; (b) afford each such person an opportunity of making to the Council representa- tions with regard to the proposal; and (c) take into consideration any representations made as respects the proposal in pursuance of paragraph (b) of this subsection. (4) As respects any period during which the approval of the Council under this sec- tion for a course, qualification or institution is withdrawn, the course, qualification or institution shall not be treated as approved under this section; but the withdrawal of such an approval shall not prejudice the registration or eligibility for registration of any person who by virtue of the approval was registered or eligible for registration immediately be- fore the approval was withdrawn. (5) The giving or withdrawal of an approval under this section shall have effect from such date, either before or after the execution of the instrument signifying the giving or withdrawal of the approval, as the Council may specify in the instrument; and the Coun- cil shall- (a) as soon as may be, publish a copy of every such instrument in the Federal Gazette; and (b) not later than seven days before its publication as aforesaid, send a copy of the instrument to the Minister. 11. Appeal to the Federal High Court (1) Where an application in respect of any registration is refused by the Council for any reason whatsoever, the applicant may, within the prescribed period and in the pre- scribed manner, appeal from the decision of the Council to the Federal High Court; and where such an appeal is brought, the Federal High Court may, after considering the repre- sentation made in the matter, either confirm or set aside the decision of the Council. (2) Where the Federal High Court sets aside the decision of the Council, the Court shall direct the Council to register the applicant in the manner provided for in section 9 of this Act. 12. Supervision of instruction and examinations leading to approved qualification (1) It shall be the duty of the Council to keep itself informed of the nature of the in- struction given at approved institutions and examinations taken by persons attending ap- proved courses of training and for the purposes of performing that duty the Council may appoint, either from among its own members or otherwise, persons to visit approved in- stitutions or to oversee such examinations. (2) It shall be the duty of a visitor appointed under this section to report to the Coun- cilon- (a) the sufficiency or otherwise of the instruction given to persons attending ap- proved courses of training at institutions visited by him; (b) the sufficiency or otherwise of the examinations conducted at any institution inspected by him; and (c) any other matter relating to the institutions or examinations on which the Council may, either generally or in a particular case, request him to report, but no visitor shall interfere with the giving of any instruction or the holding of any ex- aminations. (3) On receiving a report made in pursuance of this section, the Council shall, as soon as may be, send a copy of the report to the person appearing to the Council to be in charge of the institution or responsible for the examinations to which the report relates requesting that person to make observations on the report to the Council within such per- iod as may be specified in the request, not being less than one month beginning with the date of the request. 13. Certificate of experience (1) Any person who, having quali fied as a surveyor by examination after the com- mencement of this Act or not earlier than two years before its commencement, as the case may be, satisfies the conditions specified in subsection (2) of this section, may apply for and shall be entitled to receive, free of charge, a certificate of experience in the pre- scribed form from the person mentioned in subsection (2) of this section, entitling him to be fully registered as a surveyor under this Act and such certificate shall, when received by the person provisionally registered, be filed with his application for full registration. (2) The conditions referred to in subsection (1) of this section are that- (a) he shall have served his time for the prescribed period in Nigeria in an ap- proved office with a view to obtaining a certificate of experience; (b) he shall, during his service in the approved office, have acquired practical ex- perience under the personal supervision and guidance of at least one or more surveyors for such period as may be prescribed; and (c) the manner in which he carried out the duties in the approved office and his conduct shall have been satisfactory. (3) It shall be the duty of the employer, being a surveyor supervising the work of a person employed with a view to obtaining a certificate of experience, to ensure that a person so employed is afforded proper opportunities of acquiring the practical experience required for the purposes of paragraph (a) of subsection (2) of this section. (4) Where, after having completed the prescribed period, a person affected applies for and is refused a certificate of experience he shall be entitled- (a) to receive from his employer particulars in writing of the grounds of the re- fusal; and (b) to appeal from the refusal to a committee of the Council in accordance with the rules made by the Council in that behalf (including rules as to the time within which appeals are to be brought), and on any such appeal the committee may either dismiss the appeal of or itself issue the certificate of experience in question or give such other direction in the matter, as it con- siders just. (6) For the purposes of this section, “approved office” includes- (a) the office of- (i) the Surveyor-General of the Federation; (ii) the Surveyor-General of a State; (iii the Survey Department of the Federal Capital Territory, Abuja; (iv) any licensed surveyor in Nigeria; (v) the Department of Survey in each university or school recognised by the Minister to be engaged in the training of persons seeking to become surveyors; (b) the office of the Head of Survey Regiment Corps of Engineers of the Nigerian Army; the office of the Hydrographer of the Nigerian Navy; and the officer of the Head of Aerial Photographic Unit of the Nigerian Air Force. (c) (d) (7) Regulations made under section 21 of this Act may provide for the issue of cer- tificates of experience in respect of employment and institutions outside Nigeria. 14. Certificate by the registrar to be evidence of registration, etc. A certificate under the hand of the registrar to the effect that any person was or was not registered as a surveyor under this Act at any time or during any period specified in the certificate or as to any entry in the register or as to any act or proceedings of the Council shall, until the contrary is proved, be sufficient evidence of the matters specified therein. 15. Registrar to notify Institute of entries in register The registrar shall, as soon as practicable, after the entry in the register of any per- son’s name, or after the removal of such name from the register, give notice in writing to the Nigerian Institute of Surveyors of the entry or removal, as the case may be, together with all the particulars relevant thereto. Professional discipline 16. Disciplinary powers of the Council (1) There shall be established a body to be known as the Surveyors Disciplinary Committee (hereafter in this Act referred to as “the Disciplinary Committee”) which shall be charged with the duty of considering and determining any case referred to it by the panel established by the following provisions of this section and any other case of which the Disciplinary Committee has cognisance under the following provisions of this Act. (2) The Disciplinary Committee shall consist of the president of the Council and ten other members of the Council appointed by the Council of whom not less than four shall be members of the Council holding office by virtue of paragraph (c) of section 2 (1) of this Act or where the number of those members is for the time being less than four, all those members. (3) There shall be a body to be known as the Surveyors Investigating Panel (in this Act referred to as “the Investigating Panel”) which shall be charged with the duty of- (a) conducting a preliminary investigation into any case where it is alleged that a person registered has misbehaved in his capacity as a surveyor or should for any other reason be the subject of proceedings before the Disciplinary Com- mittee; (b) deciding whether the case should be referred to the Disciplinary Committee; and (c) submitting a report on any action taken by the Investigating Panel to the Disci- plinary Committee. (4) The Investigating Panel shall be appointed by the Council and shall consist of seven members of the Council. (5) The registrar shall act as secretary to the Disciplinary Committee. (6) The provisions of the Second Schedule to this Act shall, so far as applicable to the Disciplinary Committee and the Investigating Panel respectively, have effect with respect to those bodies. [Second Schedule.] 17. Penalties for unprofessional conduct, etc. (1) Where- (a) a registered or provisionally registered person under this Act is adjudged by the Disciplinary Committee to be guilty of infamous conduct in a professional respect; or (b) a person registered under this Act is convicted in Nigeria or elsewhere by any court or tribunal having power to award punishment for an offence (whether or not such an offence is punishable with imprisonment) which in the opinion of the Disciplinary Committee is incompatible with the status of a surveyor; or (c) the Disciplinary Committee is satisfied that the name of any person has been fraudulentl y registered, the Disciplinary Committee may, if it thinks fit, give directions under subsection (2) of this section. (2) The Disciplinary Committee may give a direction under subsection (1) of this section- (a) reprimanding that person; or (b) ordering the registrar to strike his name off the relevant part of the register; or (c) suspending him from practice by ordering him not to engage in practice as a surveyor for such period not exceeding six months as may be specified in the direction, and any such direction may, where appropriate, include provision requiring the refund of moneys paid or the handing over of documents or any other thing as the circumstances of the case may require. (3) The Disciplinary Committee may, if it thinks fit, defer or further defer its decision as to the giving of a direction under subsection (1) of this section until a subsequent meeting of the Disciplinary Committee, but- (a) no decision shall be deferred under this subsection for periods exceeding six months in the aggregate; and (b) no person shall be a member of the Disciplinary Committee for the purpose of reaching a decision which has been deferred or further deferred unless he was present as a member of the Disciplinary Committee when the decision was de- ferred. (4) For the purposes of subsection (L) of this section, a person shall not be treated as convicted as mentioned in paragraph (a) of that subsection unless the conviction stands at a time when no appeal or further appeal is pending or may (without extension of time) be brought in connection with the conviction. (5) When the Disciplinary Committee gives a direction under subsection (1) of this section, it shall cause notice of the direction to be served on the person to whom it relates. (6) The person to whom such a direction relates may, at any time within 28 days from the date of service on him of the direction, appeal against the direction to the Fed- eral High Court and the Disciplinary Committee may appear as respondent to the appeal and, for the purpose of enabling directions to be given as to the costs of the appeal before the Federal High Court, the Disciplinary Committee shall be deemed to be a party thereto, whether or not it appears on the hearing of the appeal. (7) A direction of the Disciplinary Committee under subsection (l) of this section shall take effect- (a) where no appeal under this section is brought against the direction within the time limited for the appeal, on the expiration of that time; or (b) where such an appeal is brought and is withdrawn or struck out for want of prosecution, on the withdrawal or striking out of the appeal; or (c) where such an appeal is brought and is not withdrawn or struck out as afore- said, if and when the appeal is dismissed, and not otherwise howsoever. (8) A person whose name is removed from the register in pursuance of a direction of the Disciplinary Committee under this section, shall not be entitled to be registered again except in pursuance of a direction in that behalf given by the Disciplinary Committee on the application of that person. (9) A direction under this section for the removal of a person’s name form the regis- ter may prohibit an application under subsection (8) of this section by that person until the expiration of such period from the date of the direction (and where he has duly made such an application, form the date of his last application) as may be specified in the di- rection. Miscellaneous 18. Offences (1) Any person, not being a person duly registered under this Act, who- (a) for or in expectation of reward practises or holds himself out to practise as such; or (b) without reasonable excuse takes or uses any name, title, addition or description implying that he is authorised by law to practise as a registered surveyor, shall be guilty of an offence under this section. (2) If any person, for the purpose of procuring the registration of any name, qualifi- cation or other matter->- (a) makes a statement which is false in a material particular; or (b) recklessly makes a statement which is false in a material particular, he shall be guilty of an offence under this Act. (3) If the registrar or any other person employed by the Council wilfully makes any falsification in any matter relating to the register maintained under this Act, he shall be guilty of an offence. (4) A person guilty of an offence under this Act shall be liable- (a) on conviction in a magistrate’s court, to a fine not exceeding N500 and, where the offence is a continuing one, to a further fine not exceeding N50 for each day during which the offence continues; (b) on conviction in a High Court, to a fine not exceeding NI ,000 or imprison- ment for a term not exceeding two years or to both such fine and imprisonment and, where the offence is a continuing one, to a further fine not exceeding NIOO for each day during which the offence continues. (5) Where an offence under this section has been committed by a body corporate and it is proved to have been committed with the consent or connivance of, or to be attribut- able to any neglect on the part of any director, manager, secretary, or other similar officer of the body corporate, or any person purporting to act in any such capacity, he, as well as the body corporate, shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. 19. Entitlement to practise, etc. (1) A registered surveyor shall, (but to the extent only of his particular qualifications) be entitled to practise as a surveyor throughout the Federation. (2) It shall be the duty of the person in charge of each university or other institution of higher learning in the Federation having a faculty, by whatever name called, at which there is held a course of training intended for persons who are seeking to become regis- tered surveyors under this Act to furnish to the registrar, not later than the 31 st day of March in every year, a list of the names, and such other particulars as the Council may specify, of all persons who attended any such courses at the institution in question at any time during the last preceding year. 20. Recovery of fees A person other than a fully registered surveyor shall not be entitled to recover, by process of law, fees or other valuable consideration whatsoever in respect of any act, matter or thing done or omitted to be done by him pursuant to any contract while pur- porting to act as a registered surveyor. 21. Regulations In addition to any other power to make regulations under this Act, the Minister may make all such other regulations as may, in his opinion, be necessary or expedient for giving full effect to the provisions of this Act and for the administration thereof. 22. Repeal, transitional provisions, etc. (1) The Survey Act 1958 and the Survey Act 1970 are hereby repealed. (2) The Surveyors Licensing Board established pursuant to the Survey Act is hereby dissolved and, accordingly- [Cap. 194 of the 1958 Edition 1970 No. 32.] (a) any person who immediately before the commencement of the Act held ap- pointment as an employee of the said Board shall, on the commencement of this Act, be deemed to have been deployed to the Council as an employee thereof without further assurance than by virtue of this Act; (b) all property held by or on behalf of the said Board immediately before the commencement of this Act shall, on the commencement of this Act, be deemed to have been vested in the Council without further assurance than by virtue of this Act. (3) Subject to the provisions of section 19 of this Act, anything made or done or having effect as if made or done before the commencement of this Act, under or for the purposes of the Survey Act 1958 or the Survey Act 1970 by the Surveyors Licensing Board or the Disciplinary Committee established thereunder and having any continuing or resulting effect with respect to- (a) the preparation and maintenance of the register; (b) the licensing and registration of persons as licensed surveyors; or (c) the taking of disciplinary actions against such licensed surveyors, shall be treated from the commencement of this Act as if it were made or done under this Act by the Council or the Disciplinary Committee established by this Act, as the case may be. (4) Any licensed surveyor who on the commencement of this Act is licensed under the enactments mentioned in subsection (1) of this section, shall be deemed to be regis- tered as a surveyor under this Act; and without prejudice to the generality of the forego- ing, the following categories of persons shall also be deemed to be registered on the commencement of this Act- (a) all past and present holders of the office of Surveyor-General of a State; (b) all past and present heads of the Survey Regiment of Corps of Engineers of the Nigerian Army; (c) past and present heads of the Hydrographic Department of the Nigerian Navy; (d) past and present heads of Aerial Photographic Unit of the Nigerian Air Force; and (e) such other persons who satisfy the qualification for exemption in paragraph 3 of the Second Schedule to the Survey (Examination and Licensing of Surveyors) Regulations 1970, Papers I-V of Part Il of the Surveyors Licensing Examinations and have been engaged in an approved office in Nigeria for not less than five years preceding the commencement of this Act. (5) It shall be duty of the registrar to make in the relevant part of the register all the appropriate entries relating to any surveyor deemed to be registered under subsection (4) of this section. (6) Where, before the commencement of this Act, a licensed surveyor had, in conse- quence of a decision under section 19 of the Survey Act 1958 had his licenced suspended or cancelled and had surrendered such licence under section 21 of the said Act, such a licensed surveyor shall, as from the commencement of this Act, be deemed to be subject to a direction under section 17 (1) of this Act, ordering the registrar to strike his name off the relevant part of the register. (7) For the purposes of subsection (6) of this section, a licensed surveyor shall be en- titled to make an application to the Disciplinary Committee under section 17 (8) of this Act at any time after the expiration of six months from the restoration of his licence, and the Disciplinary Committee may in its absolute discretion, and after such enquiry as it may consider desirable, either allow or refuse the application. (8) Notwithstanding the provisions of subsections (1) and (2) of section 9 of this Act, a person shall be entitled to be registered as a surveyor under this Act if, before the com- mencement of this Act, he was entitled to be licensed to practice the profession of sur- veying or if he would be so entitled on the completion of a course of instruction or train- ing in which he was then engaged at an institution recognised by the Council. (9) For the purposes of subsection (8) of this section, any person who failed to com- plete such a course of instruction or training shall not be entitled to be registered as a sur- veyor under this Act. 23. Interpretation (1) In this Act, unless the context otherwise requires- “approved qualification” means any qualification which is for the time being ap- proved by the Council; “Council” means the Surveyors Council of Nigeria established under section 1(1) of this Act; “Minister” means the Minister for the time being charged with responsibility for matters relating to surveying and “Ministry” shall be construed accordingly; “profession” means the profession of surveying; “register” means the register maintained under section 7 of this Act and “registered” shall be construed accordingly; “registrar” means the registrar appointed in pursuance of section 7 of this Act; “surveyor” means any person registered or deemed to be registered as such under this Act. (2) For the purposes of this Act, a person is registered if his name is for the time being entered in the register. (3) Any approval, consent, direction, notice, observation, report, representation or re- quest authorised or required to be given or made by or under this Act shall be in writing and may, without prejudice to any other method of service, but subject to the provisions of rules made under the Second Schedule to this Act, be served by post. 24. Short title This Act may be cited as the Surveyors Registration Council of Nigeria Act. SCHEDULES FiRST SCHEDULE Supplementary provisions relating to the Council Proceedings of the Council 1. Subject to the provisions of this Act and of section 27 of the Interpretation Act (which provides for decisions of a statutory body to be taken by a majority of the members of the body and for the person presiding to have a second or casting vote) the Council may make standing orders regulating the proceedings of the Council or of any committee thereof. [Cap. 123.] 2. The quorum of the Council shall be eight and the quorum of any committee of the Council shall be determined by the Council. 3. (1) Subject to the provisions of any standing orders of the Council, the Council shall meet whenever it is summoned by the president of the Council and in any case not less than four times in any year and if the president is required so to do by notice given to him by not less than six other members, he shall summon a meeting of the Council to be held within fourteen days from the date on which the notice is given. (2) At any meeting of the Council, the president shall preside; but in his absence, the members present at the meeting shall appoint one of their number to preside at that meeting. (3) Where the Council desires to obtain the advice of any person on a particular matter, the Council may co-opt him as a member for such period as it thinks fit; but a person who is a member by virtue of this sub-paragraph shall not be entitled to vote at any meeting of the Council and shall not count towards a quorum. (4) Notwithstanding anything in the foregoing provisions of this paragraph, the first meeting of the Council shall be summoned by the Minister who may give such direction as he thinks fit as to the procedure which shall be followed at the meeting. Committees 4. (1) The Council may appoint one or more committees to carry out, on behalf of the Coun- cil, such of its functions as the Council may determine. (2) A committee appointed under this paragraph shall consist of the number of persons determined by the Council, and not more than one third of those persons may be persons who are not members of the Council; and a person other than a member of the Council shall hold office on the committee in accordance with the terms of the letter by which he is appointed. (3) A decision of a committee of the Council shall be of no effect until it is confirmed by the Council. Miscellaneous 5. (1) The fixing of the seal of the Council shall be authenticated by the signature of the president or of some other members authorised generally or specially by the Council to act for that purpose by the Council. (2) Any contract or instrument, which if made or executed by a person not being a body corporate would not be required to be under seal, may be made or executed on behalf of the Council by any person generally or specially authorised to act for that purpose by the Council. (3) Any document purporting to be a document duly executed under the seal of the Council, shall be received in evidence and shall, unless the contrary is proved, be deemed to be so executed. 6. The validity of any proceedings of the Council or of a committee thereof shall not be af- fected by any vacancy in the membership of the Council or committee, or by any defect in the appointment of a member of the Council or of a person to serve on the committee, or by rea- son that a person not entitled to do so took part in the proceedings. 7. Any member of the Council, or any person holding office on a committee of the Council, who has a personal interest in any contract or arrangement entered into or proposed to be con- sidered by the Council or a committee thereof, shall forthwith disclose his interest to the Council and shall not vote on any question relating to the contract or arrangement. 8. A person shall not, by reason only of his membership of the Council, be treated as holding an office in the public service of the Federation or of any State thereof. SECOND SCHEDULE Supplementary provisions relating to the Disciplinary Committee and Investigating Panel The Disciplinary Committee 1. The quorum of the Disciplinary Committee shall be six. 2.(1) The Attorney-General of the Federation shall make rules as to the procedure to be followed and the rules of evidence to be observed in proceedings before the Disciplinary Committee. (2) The rules shall in particular provide- (a) for securing that notice of the proceedings shall be given at such time and in such manner as may be specified by the rules, to the person who is the subject of the proceedings; (b) for determining who, in addition to the person aforesaid, shall be a party to the proceedings; (c) for securing that any party to the proceedings shall, if he so requires, be entitled to be heard by the Disciplinary Committee; (d) for enabling any party to the proceedings to be represented by legal prac- titioner; (e) subject to the provisions of subsection (6) of section 17 of this Act, as to the costs of proceedings before the Disciplinary Committee; (f) for requiring, in a case where it is alleged that the person who is the subject of the proceedings is guilty of infamous conduct in any professional respect, that where the Disciplinary Committee adjudges that the allegation has not been proved, it shall record a finding that the person is not guilty of such conduct in respect of the matter to which the allegation relates; and (g) for publishing in the Federal Gazette notice of any direction of the Disciplinary Committee which has taken effect providing that a person’s name shall be struck off a register or that a person shall be suspended from practice. 3. For the purposes of any proceedings before the Disciplinary Committee, any member of the Disciplinary Committee may administer oaths and any party to the proceedings may issue out of the registry of the Federal High Court, as the case may require, writs of subpoena ad testificandum and duces tecum; but no person appearing before the Disciplinary Committee shall be compelled- (a) to make any statement before the Disciplinary Committee tending to incrimi- nate himself; or (b) to produce any document under such writ which he could not be compelled to produce at the trial of an action. 4. (1) For the purpose of advising the Disciplinary Committee on questions of law arising in proceedings before it, there shall in all such proceedings be an assessor to the Disciplinary Committee who shall be appointed by the Council on the nomination of the Attorney-General of the Federation and shall be a legal practitioner of not less than seven years’ standing. (2) An assessor, when nominated in accordance with sub-paragraph (1) of this para- graph, shall be appointed by the Council by instrument, and the assessor shall hold and vacate office as provided in the instrument, and where the appointment is not a general one, it shall have effect only in respect of a particular meeting of the Disciplinary Committee. (3) Subject to the terms of his appointment, an assessor shall attend any meeting of the Disciplinary Committee as and when requested to do so by notice in writing given to him by the secretary not later than three clear days before the date appointed for the meeting, and shall thereat advise the Disciplinary Committee on questions of law arising in proceedings before it. (4) Except where the Disciplinary Committee is deliberating in private, the advice of the assessor on questions of law as to evidence, procedure and as to compliance with this Act shall be tendered in the presence of every party or of his counsel. (5) If the advice by the assessor to the Disciplinary Committee is given otherwise than in the presence of all parties, or as the case may be, of their counsel, the assessor shall, as soon as may be thereafter, inform all the parties as to the nature of the advice given and the reaction thereto of the Disciplinary Committee. The Investigating Panel 5. The quorum of the Investigating Panel shall be three. 6. (1) The Investigating Panel may, at any meeting attended by not less than six members thereof, make standing orders with respect to the Investigating Panel. (2) Subject to the provisions of any such standing orders, the Investigating Panel may regulate its own procedure. Miscellaneous 7. (1) A person ceasing to be a member of the Disciplinary Committee or the Investigating Panel shall be eligible for re-appointment as a member of that body for one further term and thereafter he shall no longer be eligible for re-appointment. (2) A person may, if otherwise eligible, be a member of both the Disciplinary Commit- tee and the Investigating Panel; but no person who acted as a member of the Investigating Panel with respect to any case shall act as a member of the Disciplinary Committee with re- spect to that case. 8. The Disciplinary Committee or the Panel may act notwithstanding any vacancy in its membership and the proceedings of either body shall not be invalidated by any irregularity in the appointment of a member of that body, or (subject to sub-paragraph (2) of paragraph 7 of this Schedule) by reason of the fact that any person who was not entitled to do so took part in the proceedings of that body. 9. The Disciplinary Committee and the Investigating Panel may each sit in two or more divi- sions. 10. Any document authorised or required by virtue of this Act to be served on the Discipli- nary Committee or the Investigating Panel shall be served on the registrar. 11. Any expenses of the Disciplinary Committee or the Investigating Panel shall be defrayed by the Council. SUBSIDIARY LEGISLATION List of Subsidiary Legislation 1 Survey (Examination and Licensing of Surveyors) Regulations. SURVEY (EXAMINATION AND LICENSING OF SURVEYORS) REGULA TIONS ARRANGEMENT OF REGULA nONS REGULATION 1. Duties and powers of Board as to control and examination of pupil surveyors. 2. Enrolment as pupil surveyors. Forms REGULATION 3. Application and fee for examination. 4. Persons entitled to be examined for a licence. 5. Publication of notice of exemption in certain cases. 6. Conduct of examination. 7. Effect of partial failure in thesis or practical task. 8. Restriction on taking examination. 9. Pass marks and re-examination. 10. Licence to practise. 11. Short title. FIRST SCHEDULE Syllabus for the examinations SECOND SCHEDULE Exemptions THIRD SCHEDULE SURVEY (EXAMINATION AND LICENSING OF SURVEYORS) REGULA TIONS [L.N. 87 of 1970.] under section 21 of the Act [1st January, 1971] [ Commencement.] 1. Duties and powers of Board as to control and examination of pupil surveyors [L.N. 87 of 1970.] (1) The Surveyors Licensing Board (in these Regulations hereafter referred to as “the Board”)- (a) (b) shall prepare a syllabus of training for examination of pupil surveyors enrolled under these Regulations and thereafter conduct examinations at such times and places as may from time to time be published in the Federal Gazette of pupil surveyors so enrolled, for admission to the profession of land surveyor; and may for the purposes aforesaid from time to time appoint unpaid staff consist- ing of a secretary and such other officers as may be necessary for the more ef- fectual discharge by the board, as continued in being by the Survey Act 1970, of its function under these Regulations. (2) For the purposes of sub-paragraph (a) of this regulation, the syllabus set out in the First Schedule to these Regulations shall be the syllabus of training until otherwise amended or replaced by the Board so however that the provisions of the Second Schedule to these Regulations shall have effect and, in addition to any other regulation entitling exemption, a candidate claiming thereunder shall in proper case be granted exemption from particular parts of the examination for surveyors. [First and Second Schedule.] 2. Enrolment as pupil surveyors (1) Any fit person who is a pupil of a licensed surveyor or is engaged in practical work in circumstances hereinafter mentioned, may apply in the form in the Third Sched- ule to these Regulations to be enrolled as a pupil surveyor on payment of an enrolment fee of N4.20k, and that person shall thereafter be so enrolled if- [Third Schedule.] (a) being a pupil of a licensed surveyor; or (b) being a person ordinarily engaged in practical survey work under the supervi- sion of a licensed surveyor; or (c) being an officer of the Survey Department of the Government, Federal or State in Nigeria engaged in practical survey work under the authority of the surveyor head of the officer’s department, he produces to the board with his application, satisfactory evidence that he has attained the age of eighteen years at least, has passed the West African School Certificate (or an equivalent examination acceptable to the Board) with at least a credit pass in mathemat- ics, and is a person of good character. (2) Any person enrolled as a pupil surveyor under this regulation shall upon enrol- ment receive from the Board a certificate in the Form 2 in the Third Schedule to these Regulations: Provided that anyone who has previously taken the examination before the com- mencement of the Survey (Examination and Licensing of Surveyors) Regulations 1971 shall be deemed to have fulfilled the conditions for enrolment and shall qualify to take any examination after the commencement thereof upon payment of the fees prescribed under the foregoing provisions, and he may repeat same, subject as aforesaid, until 31 December 1972. [L.N. 56 of 1971.] 3. Application and fee for examination (1) Any duly enrolled pupil surveyor who is desirous of being examined under these Regulations may, if qualified so to do, lodge an application in the Form 3 in the Third Schedule to these Regulations with the Board not later than one month prior to the date fixed for the commencement of the particular examination and shall forward with his application the fee herein prescribed for the examination to be taken by him. [Third Schedule.] (2) If the Board is of the opinion that the applicant is not ready to take the examina- tion, or for other good and sufficient reason the Board is satisfied that the applicant has otherwise not complied with these Regulations, it may in any such event reject an appli- cation and the amount of the fee paid shall thereafter be dealt with or be refunded by the Board, as it thinks fit. 4. Persons entitled to be examined for a licence No person shall be qualified for examination under these Regulations so as to enable him to be licensed to practise surveying unless- (a) he has attained the age of 21years; (b) he has been registered as a pupil surveyor for not less than three years and during that time has acquired practical experience in field survey duties; (c) he furnishes a certificate of satisfactory practical experience prescribed by Form 4 of the Third Schedule to these Regulations or other satisfactory evidence acceptable to the Board of his practical experience as evidence of character; [Third Schedule.] (d) not being otherwise exempted or liable only for reduced fees under these Regulations, he pays to the board a fee of N LO.50k in respect of each part of the examination; and (e) he shall remain in Nigeria continuously for the period of three years specified in sub-paragraph (b) of this paragraph except for a period not exceeding three months or such longer period as the Board may approve. [L.N. 56 of 1971.] 5. Publication of notice of exemption in certain cases The Board may, if it thinks fit, at any time give public notice of the qualifications rec- ognised by the board as entitling exemption under the Second Schedule to these Regula- tions, and of the fact that in respect of the thesis or the practical task, or both, the Board may exempt candidates who in its opinion have acquired sufficient practical experience; and if the form of application for examination is duly completed in that behalf a candi- date shall in proper case be granted exemption accordingly. [Second Schedule.] 6. Conduct of examination (1) When arranging for the conduct of an examination under these Regulations, the syllabus of training may be modified and the Board may, if it thinks fit, set test questions on any modern instrument survey technique with which, in its opinion, pupil surveyors as candidates for examination should be familiar. (2) The examination shall be conducted in parts, so however that unless otherwise allowed in circumstances as are hereinafter mentioned, Parts 1 and 11 of the examination may not be taken together. Accordingly, a candidate shall not be admitted to take Part II of the examination unless he has passed Part I or is exempted therefrom; and subject thereto, candidates taking Part II of the examination shall, unless exempted under these Regulations, submit a thesis on some advanced standard of surveying, and a practical task; and- (a) in respect of the thesis, candidates shall, not later than the end of January in the year in which they propose to be examined, submit to the Board for its ap- proval the title and a synopsis of the proposed subject matter; and (b) in respect of the practical task, it shall be submitted to the Board together with a completed declaration in the Form 5 in the Third Schedule to these Regula- tions not later than one calendar month before the date fixed for the examina- tion. 7. Effect of partial failure in thesis or practical task (1) The thesis shall be written in a critical manner and in technical language, and it and the practical task shall be regarded as separate parts of the examination under these Regulations; and when they are or either of them is submitted by the candidate, the marks obtained shall not be aggregated with the marks obtained for the remaining papers in Part II of the examination, but a pass in either the thesis or the practical task shall stand in favour of the candidate. (2) A candidate who attains the requisite standard and aggregate in the written papers but fails in either his thesis or the practical task, may sit the examination again in either the thesis or the practical task, as circumstances may require. 8. Restriction on taking examinations The Board may, in its sole discretion, permit a candidate with only one paper out- standing in Part I of the examination to take it and Part II together; but otherwise a candi- date may not take Parts I and 11 of the examination together, and he shall not be admitted to take Part II of the examination unless he has passed in Part I or is otherwise exempted therefrom under these Regulations. 9. Pass marks and re-examination (1) The following percentages of marks are required to secure a pass- (a) for the examination in Part I, 50 per cent of the aggregate marks and not less than 40 per cent in each paper; (b) for the examination in Part Il, 60 per cent of the total possible marks in the subjects specified in Paper V, and not less than 50 per cent of the total possible marks in each of the other written papers. (2) If a candidate fails to obtain a pass in anyone paper in Part I, the provisions of regulation 8 of these Regulations shall apply in proper case, and if he fails in Part II of the examination, he may be re-examined in that one paper without being required to be re-examined in the remaining papers. In respect of any re-examination in the one paper as aforesaid, the fee shall be N4.20k, but otherwise the fee shall be NI 0.50k. 10. Licence to practise A candidate who completes the examination under these Regulations to the satisfac- tion of the Board shall be granted a licence in the Form 6 in the Third Schedule to these Regulations entitling him to practise surveying; and the Board shall as soon as may be thereafter, issue the licence accordingly. [Third Schedule.] 11. Short title These Regulations may be cited as the Survey (Examination and Licensing of Sur- veyors) Regulations. FIRST SCHEDULE Syllabus for the examinations PART I Paper I (Mathematics) – Time: 3 Hours Quadratic functions; binomial theorem for a positive integral index, and the use of the binomial expansion for other indices; logarithms; simple power series; Taylor’s and Maclaurin’s expansions; determinants, and matrices. Trigonometrical ratios, circular functions of any magnitude, addition, and products for- mulae, simple problems in identities, properties and solution of triangles and rectilinear fig- ures, heights and distances, circular measures including calculation of small angles. Properties of lines and planes. Analytical Geometry of the straight line, circle, and el- lipse. Common sections of a plane and a sphere. Calculation of areas from co-ordinates. Differentiation and integration of algebraic, circular, logarithmic and exponential func- tions, gradient and rates of growth, maxima and minima. Representative of a displacement in two or three dimensions as a vector, magnitude of a vector. Addition of vectors in a plane. Paper 11 (Spherical Trigonometry, Astronomy and Geodesy) – Time: 3 Hours Elements of a spherical triangle, solution of spherical triangles including Napier’s rules of circular parts, Spherical excess, Legendre’s Theorem. Apparent, mean and sidereal time, observation and computation of time, azimuth, lati- tude and longitude from the sun or stars by simple field methods, including methods of equal altitude, meridian transits for time and position lines; the effect of small errors in time, altitude and latitude on the computed results. Star identification and the use of star charts and star al- manac for land surveyors; best conditions for astronomical observations. The conception of the geoid and a reference spheroid, geodetic and astronomical lati- tudes and longtitudes and principal radii of curvature; mid-latitude formula. Reconnaissance, beaconing and observation for geodetic triangulations, base line and precise traverses; layout of precise levelling nets, construction of permanent benchmarks and the crossing of wide riv- ers. General principles of map projection, the Transverse Marcator’s Projector. The classification of nature of errors of observations, the normal (Gaussian) frequency distribution, standard error; probability error of a single observation and of the arithmetic mean of several observations; rules for the combination of independent errors. Paper III (Topographical Survey and Photogrammetry) – Time: 3 Hours Minor triangulation, intersection and resection by direct and semi-graphic methods, tri- gonometrical heighting, plane table triangulation, and traversing, detail surveying and contour plotting. General principles of photogrammetry, comparison with ground methods, topographical interpretation of aerial photographs, identification of ground controls on aerial photographs, geometrical basis of radial-line method: distortion due to tilt and small variation of ground height parallaxes and relation to ground heights, stereoscopy, simple stereoscopes, parallax bars, slotted template equipment; the graphical and slotted template radial line methods, sim- ple rectifiers, revision of topographical maps. Paper IV (Large Scale and Cadastral Surveys) – Time: 3 Hours Optical and mechanical principles and design of modern instruments, adjustment and employment of theodolites and levels. The principles of traversing, taping in catenary, precautions against gross errors; the principle and practice of simple tacheometry, accurate attainable and limitation of the method, subtense bar traversing. Calculation of areas and volumes, rectangular layouts, setting out of circular curves, sub-division of areas, establishment and re-establishment of beacons and boundaries detail survey. Practical examination (a) Adjustment of instruments; (b) Observation or time, azimuth, and latitude and longtitude; (c) Property and mining surveys, layouts, re-establishment of lost beacons, detail surveys, building and natural features, and drawing of plan; (d) Levelling and contouring and drawing of plan. PART II The syllabus for Part I of the Examination together with the following: Paper 1- (Astronomy and Geodesy) – Time: 3 Hours Precise methods of determining latitude, longitude and azimuth. Laplace corrections, de- viation of the vertical, determination of the figure of the earth. Observation and adjustments of precise triangulation, traverse and levelling networks, trilateration and electromagnetic dis- tance measurement. Paper 11- (Photogrammetry) – Time: 3 Hours The use and limitation of air photographs for large scale surveys, analytical–orientation and rectification of photographs, principles of stereoplotting instruments, aero-triangulation, methods of map revision from air photographs. Paper 111- (Large Scale and Cadastral Surveys) – Time: 3 Hours Complex problems in the demarcation and survey of property boundaries, the principles and use of self-reducing and other forms of tacheometers, setting out of road and railway curves including transition and vertical curves, layout of plots, preparation of survey and de- scription of boundaries. Paper IV – (Survey Computation) – Time: 3 Hours Survey computations for property surveys, field astronomy, traversing, triangulation, levelling including knowledge of the theory and practice of adjustments of observations. Paper V – (Survey Laws) – Time: 3 Hours The Survey Act, related Regulations and other relevant legislation. Such portions of the following enactments and regulations made thereunder as the Board may direct, and in so far as they have effect in Nigeria- (i) the Mines and Minerals Act; . (ii) the Registration of Titles Act; (iii) the Land Development (provision for Roads) Act. SECOND SCHEDULE Exemptions [Regulation 5.] Qualifications giving exemption to candidates for the Licensed Surveyors’ Examination Qualifications Subject in which exemption may be granted 1. (1) General Certificate of Education (Advanced Level) Part I, paper I (Mathematics). in Mathematics (or equivalent qualification). (2) A degree which must include Mathematics, from a recognised University. 2. (1 ) A degree in subjects cognate to surveying from a recognised University together with either- (a) the Army Survey Course Part I of the School of Military Surveys, Newbury, England; or (b) a diploma in surveying, University College, London or equivalent qualifications. or The whole of Part I (2) An honours degree in Geography Part II Geo- graphical Tripos, Cambridge University, including geodetic and topographical surveying. or (3) a degree in subjects cognate to surveying or engi- neering science from an approved University to- gether with an approved course of instruction in land surveying. 3. (1) A degree in subjects cognate to surveying from a recognised University together with either- (1) the Army Survey Courses Parts I and II of the School of Military Surveys, Newbury, England; or The whole of Part I and papers J, II, 1II and IV of Part II SECOND SCHEDULE-continued Qualifications Subject in which exemption may be granted (b) a diploma in surveying, University College, London, with passes in the special papers. or (2) An approved degree in surveying or surveying gineering or equivalent qualification from a nised University. THIRD SCHEDULE Forms [Regulation 5.] FORM I Application for enrolment as a pupil surveyor To the Surveyors Licensing Board, Lagos. 1. I …………………………………………………………………………………………………….hereby apply to be (name in full of applicant) registered as a pupil surveyor and submit herewith or attach hereto in support, evidence of- (a) having attained the age of not less than 18 years; (b) my educational qualifications; (c) my good character; and (d) my employment. 2. The prescribed fee of N4.20K in *cash/postal orders/money order accompanies this my appli- cation. Dated the ………………………….day of ……………………………………………………………..20 ………. . Signature of Applicant Notes: I. Evidence of age and good character may be in any form acceptable to the Board. 2. Examination qualification is satisfied by production of at least W.A.S.C. with credit pass in mathematics. 3. The name of the Licensed surveyor by whom employed must be shown on the appli- cation or in the alternative the name of the survey department in which the applicant is engaged in practical survey work and a note in the handwriting of the licensed surveyor or surveyor head in the department must accompany the application. *Strike out the ones not applicable. FORM 2 Certificate of enrolment as pupil surveyor This is to certify that ——————————————————– is (name in full) duly enrolled as a pupil surveyor pursuant to the Survey (Examination and Licensing of Surveyors) Regulations 1970. Dated the ————– day of ————– 20 ————– Secretary to the Surveyors Licensing Board FORM 3 *Applicationfor examination as a surveyor To the Surveyors Licensing Board, Lagos. I. I …………………………………………………………………………………hereby apply to be examined (name in full of applicant) **in Part l/Part II1to complete my examination under the Survey (Examination and Licensing of Surveyors) Regulations 1970. 2. I attach- (a) evidence of my age; (b) evidence of registration as a pupil surveyor; (c) evidence of experience in field survey work. **3. I submit my thesis/practical task in respect of Part Il of the examination with the relevant certificate in supportll have already submitted my thesis/practical task in respect of Part II of the examination. 4. I claim exemption from parts of the examination on the following grounds. (Here set out the parts in respect of which exemption is claimed and the grounds together with evidence of qualification where essential in respect thereof) 5 enclose the fee of ** N10k/ N 4.20K prescribed for the full/balance of the examination in **cash/postal/money order. Dated the ————– day of —————————- 20 ————– Signature of Applicant *This form may be adopted as indicated for use in completing a partial pass and irrelevant parts may be deleted according to circumstances. **Strike out the ones not applicable. FORM 4 Certificate to accompany application for examination as a surveyor I hereby certify that A.B. a registered pupil surveyor in my employ* performed field survey duties FORM 4-continued under my control and to my satisfaction during the period ————– to ————– and in my opinion he has been diligent, honest and sober in the performance of the said duties. Dated the ————– day of —————————- 20 ————– Licensed Surveyor * Alter where necessary to meet any individual case. FORM 5 Certificate in support of practical survey work submitted to Surveyors Licensing Board To the Surveyors Licensing Board, Lagos. I, C.D. of etc. licensed surveyor certify that on …………….day of …………………………….. 20 ……… , A.B. a candidate taking Part II of the licensed surveyors examination produced to me certain prac- tical work which he then verbally declared was entirely his own work save to any necessary extent in respect of manual assistance rendered in the field and I am satisfied that the practical work now submitted by him to the Surveyors Licensing Board with this certificate and marked by me on the back thereof is his own work and I so certify accordingly. Certified at ————– this ————– day of ————– 20 ————– Licensed Surveyor FORM 6 Licence as a surveyor To the Surveyors Licensing Board, Lagos. This is to certify that A.B. of ……………………………………………………………………………………………etc. having satisfactorily proved his qualification as a surveyor is hereby licensed for the survey of lands within Nigeria under and subject to the provisions of the Surveyors Registration Council of Nigeria Act. [Cap. SI8.] Dated at ……………………………………………..this …………………….day of ………………………. 20 ………… For and on behalf of the Surveyors Licensing Board ————– Chairman ————– Secretary

ESTATE SURVEYORS AND VALUERS (REGISTRATION, ETC.) ACT

ARRANGEMENT OF SECTIONS

Estate Surveyors and Valuers Registration Board

SECTION

1. Establishment of the Estate Surveyors and Valuers Registration Board of

Nigeria.

2. Functions of the Board.

3. Membership of the Board.

4. Financial provisions.

5. Directions by the Minister.

The Registrar

6. Appointment of Registrar, preparation and maintenance of the register.

7. Publication of the register and list of corrections.

Registration

8. Registration as estate surveyors and valuers.

9. Approval of institutions, courses of training and qualifications by Board.

10. Supervision of instructions and of examinations leading to approved qualifications.

11. Certificate by the Registrar to be evidence of registration, etc.

12. Registrar to notify Institution of entries in register.

Professional discipline

13. Disciplinary powers of the Board.

14. Penalties for unprofessional conduct, etc.

Miscellaneous and general

15. Temporary registration of persons not citizens of Nigeria.

16. Offences.

17. Miscellaneous supplementary provisions.

18. Regulations, rules and orders.

19. Interpretation.

20. Short title.

SCHEDULE

FIRST SCHEDULE

Supplementary provisions relating to the Board

SECONDSCHEDULE

Supplementary provisions relating to the Disciplinary Tribunal

and Investigating Panel

__________________
ESTATE SURVEYORS AND VALUERS (REGISTRATION, ETC.) ACT

An Act to establish the Estate Surveyors and Valuers Registration Board of Nigeria as a body corporate and to empower the Board inter alia to determine persons who are to become estate surveyors and valuers and what standards of knowledge and skill are to be attained by such persons and to make provisions for other matters connected therewith.

[1975 No.4.] [29th August, 1975] [Commencement.]

Estate Surveyors and Valuers Registration Board

1. Establishment of the Estate Surveyors and Valuers Registration Board of Nigeria

(1) There is hereby established a body to be known as the Estate Surveyors and Valuers Registration Board of Nigeria (in this Act referred to as “the Board”).

(2) The Board shall be a body corporate with perpetual succession and a common seal.

2. Functions of the Board

The Board is hereby charged with the general duty of-

(a) determining who are estate surveyors and valuers for the purpose of this Act;

(b) determining what standards of knowledge and skill are to be attained by persons seeking to become registered as estate surveyors and valuers and reviewing such standards, from time to time, for the purpose of raising them;

(c) securing, in accordance with the provisions of this Act, the establishment and maintenance of a register of persons entitled to practise as estate surveyors and valuers and the publication, from time to time, of the lists of such persons;

(d) regulating and controlling the practice of estate surveying and valuation (in this Act referred to as “the profession”) in all its aspects and ramifications; and

(e) performing the other functions conferred on the Board by this Act.

3. Membership of the Board

(1) Subject to the provisions of this Act, the Board shall consist of-

(a) a chairman who shall be a person of distinction in the profession to be appointed by the Minister on the recommendation of the Nigerian Institute of Estate Surveyors and Valuers (in this Act referred to as “the Institute”);

(b) five persons to be appointed by the Minister of whom at least one but not more than two shall be employed by the Ministry under his control and the others not so employed shall be appointed by him from amongst other interests in the field of estate surveying and valuation covered by this Act, which in the opinion of the Minister ought to be adequately represented;

(c) six persons to be appointed by the Minister to represent the States in rotation for two years at a time, no two of whom shall come from one State at anyone time;

(d) six persons elected by the Institute in the manner for the time being provided by its constitution;

(e) four persons nominated by the universities and appointed by the Minister one each from any four of the universities offering courses leading to an approved qualification.

(2) The provisions of the First Schedule to this Act shall have effect with respect to the qualifications and tenure of office of members of the Board, powers and procedure of the Board and the other matters therein mentioned.

[First Schedule.]

(3) The Minister may make regulations to provide for increasing or reducing the membership of the Board, and may make such consequential amendments of paragraph 1 of the First Schedule to this Act as he deems fit.

4. Financial provisions

(1) The Board shall prepare and submit to the Minister not later than the 31st day of December in the year in which this Act comes into force (so however that for that year the Minister may, if he considers it necessary, extend the period) and of each subsequent year, an estimate of its expenditure and income during the next succeeding financial year.

(2) The Board shall keep proper accounts in respect of each financial year, and proper records in relation to those accounts to be audited as soon as may be after the end of the financial year to which the accounts relate by a firm of auditors approved as respects that year by the Minister.

5. Directions by the Minister

(1) The Minister may give to the Board directions of a general character or relating to particular matters (but not to any individual person or case) with regard to the exercise by the Board of its functions, and it shall be the duty of the Board to comply with the directions.

(2) Before giving a direction under subsection (1) of this section, the Minister shall serve a copy of the proposed direction on the Board and shall afford the Board an opportunity of making representations to him with respect to the direction; and after considering any representations made to him in pursuance of this subsection, the Minister may give the direction either without modification, or with such modifications as appear to him to be appropriate having regard to the representations.

The Registrar

6. Appointment of Registrar, preparation and maintenance of the register

(1) The Board shall appoint a fit and proper person to be the Registrar for the purposes of this Act. (2) The Registrar shall prepare and maintain, in accordance with the rules made by the Board under this section, a register of estate surveyors and valuers (in this Act referred to as “the register”) and the register shall contain the names, addresses, approved qualifications and such other particulars as may be specified by the Board, of all persons who are entitled and who apply in accordance with the provisions of this Act to be registered as estate surveyors and valuers.

(3) The register shall consist of two parts of which one shall be in respect of fully registered persons and the other in respect of provisionally registered persons.

(4) Subject to the following provisions of this section, the Board shall make rules with respect to the form and keeping of the register and the making of entries therein, and in particular-

(a) regulating the making of applications for registration and providing for the evidence to be produced in support of applications;

(b) providing for the notification to the Registrar, by the person to whom any registered particulars relate, of any change in those particulars;

(c) authorising a registered person to have any qualification which is registered in relation to his name in addition to or, as he may elect, in substitution for, any other qualifications so registered;

(d) specifying the fees to be paid to the Board in respect of the entry of names on the register and authorising the Registrar to refuse to enter a name on the register until any fee specified for the entry has been paid;

(e) specifying anything falling to be specified under the foregoing provisions of this section.

(5) Any rules made for the purpose of paragraph (d) of subsection (4) of this section, shall not come into force until they are confirmed by the Minister.

(6) It shall be the duty of the Registrar to-

(a) correct, in accordance with the Board’s directions, any entry in the register which the Board directs him to correct as being in the Board’s opinion an entry which was incorrectly made;

(b) make, from time to time, any necessary alterations to the registered particulars of registered persons;

(c) remove from the relevant part of the register the name of any registered person who has died, `or as the case may be, has ceased to be entitled to be registered.

(7) If the Registrar-

(a) sends by post to any registered person a registered letter addressed to him at his address on the register enquiring whether the registered particulars relating to him are correct and receives no reply to the letter within the period of six months from the date of posting it; and

(b) upon the expiration of that period sends in like manner to the person in question a second similar letter and receives no reply to that letter within three months from the date of posting it,

the Registrar may remove the particulars relating to the person in question from the relevant part of the register:

Provided that the Board may for any reason which seems to it to be sufficient, direct the Registrar to restore to the appropriate part of the register any particulars removed therefrom under this subsection.

7. Publication of the register and list of corrections

(1) It shall be the duty of the Registrar-

(a) to cause a list of persons whose names and qualifications are indicated in the register to be printed, published and put on sale to members of the public not later than two years from the beginning of the year in which this Act comes to force;

(b) in each year after that in which a register is first published under paragraph (a) of this subsection, to cause to be printed, published and put on sale as aforesaid either a corrected edition of the register since it was last printed or a list of alterations made to the register since it was last printed; and

(c) to cause a print of each edition of the register and of each list of corrections to be deposited at the principal office of the Board,

and it shall be the duty of the Board to keep the register and lists so deposited open at all reasonable times for inspection by members of the public.

(2) A document purporting to be a print of an edition of a register published under this section by authority of the Registrar in the current year, or documents purporting to be prints of an edition of a register so published in a previous year and of a list of corrections to that edition so published in the current year, shall (without prejudice to any other mode of proof) be admissible in any proceedings as evidence that any person specified in the document, or the documents read together, as being fully or provisionally registered, is so registered, and that any person not so specified, is not so registered.

Registration

8. Registration as estate surveyors and valuers

(1) Subject to section 15 and to rules made under section 6 (4) of this Act, a person shall be entitled to be registered as an estate surveyor and valuer if-

(a) he passes the qualifying examination for membership recognised or conducted by the Board under this Act and immediately before the commencement of this Act, he was a member of the Institution; or

(b) he holds a qualification granted outside Nigeria which for the time being is accepted by the Board and he is by law entitled to practise for all purposes as an estate surveyor and valuer in the country in which the qualification was granted and, if the Board so requires, he satisfies the Board that he has had sufficient practical experience as an estate surveyor and valuer.

(2) Subject as aforesaid, a person shall be entitled to be registered under this Act if-

(a) he holds a certificate recognized by the Board and has had not less than two years’ post qualification practical experience in the profession; or

(b) he has passed an examination approved by the Board and has had not less than two years’ post-qualification practical experience in the profession.

(3) An applicant for registration under this Act shall, in addition to evidence of qualification, satisfy the Board-

(a) that he is of good character;

(b) that he has attained the age of 21 years; and

(c) that he has not been convicted in Nigeria or elsewhere of an offence involving fraud or dishonesty.

(4) The Board may in its absolute discretion provisionally accept a qualification produced in respect of an application for registration under this section, or direct that the application for registration be renewed within such period as may be specified in the direction.

(5) Any entry directed to be made in the register under subsection (4) of this section shall show that registration is provisional, and no entry so made shall be converted into full registration without the consent of the Board specified in writing in that behalf.

(6) The Board shall, from time to time, publish in the Federal Gazette particulars of the qualifications for the time being accepted for registration under this Act.

9. Approval of institutions, courses of training and qualifications by Board

(1) For the purpose of section 8 of this Act, the Board may approve-

(a) any institution, whether in Nigeria or elsewhere, which the Board considers is properly organised and equipped for conducting a course of training approved by the Board under this section;

(b) any course of training which is intended for persons who are seeking to become, or are already members of the profession and which the Board considers is designed to confer on persons completing it sufficient knowledge and skill for the practice of the profession; and

(c) any qualification which, as a result of examination taken in conjunction with the course of training approved by the Board under this section, is granted to candidates reaching a standard at the examination indicating, in the opinion of the Board, that they have sufficient knowledge and skill to practise the profession.

(2) The Board shall, from time to time, publish in the Federal Gazette a list of qualifications approved by it, and subject thereto shall not approve any qualification granted by an institution in Nigeria unless such qualification has been included in the list published by the Board.

(3) The Board may, if it thinks fit, withdraw any approval given under this section in respect of any course, qualification or institution but before withdrawing such an approval it shall-

(a) give notice that it proposes to do so to persons in Nigeria appearing to the Board to be persons by whom the course is conducted or the qualification is granted or the institution is controlled, as the case may be;

(b) afford each such person an opportunity of making to the Board representations with regard to the proposal; and

(c) take into consideration any representations made as respects the proposals in pursuance of paragraph (b) of this subsection.

(4) As respects any period during which the approval of the Board under this section for a course, qualification or institution is withdrawn, the course, qualification or institution shall not be treated as approved under this section; but the withdrawal of such an approval shall not prejudice the registration or eligibility for registration of any person who by virtue of the approval was registered or eligible for registration immediately before the approval was withdrawn.

(5) The giving or withdrawal of an approval under this section shall have the effect from such date, either before or after the execution of the instrument signifying the giving or withdrawal of the approval, as the Board may specify in the instrument; and the Board shall-

(a) as soon as may be, publish a copy of every such instrument in the Federal Gazette; and

(b) not later than seven days before its publication as aforesaid, send a copy of the instrument to the Minister.

10. Supervision of instructions and of examinations leading to approved qualifications

(1) It shall be the duty of the Board to keep itself informed of the nature of-

(a) the instructions given at approved institutions to persons attending approved courses of training; and

(b) the examinations as a result of which approved qualifications are granted,

and for the purpose of performing that duty the Board may appoint, either from among its own members or otherwise, persons to visit approved institutions or to attend such examinations.

(2) It shall be the duty of a visitor appointed under this section to report to the Board on-

(a) the sufficiency of the instructions given to persons attending approved courses of training at institutions visited by him;

(b) the sufficiency of the instructions given to persons attended by him; and

(c) any other matter relating to the institutions or examinations on which the Board may, either generally or in particular case, request him to report,

but, no visitor shall interfere with the giving of any instruction or the holding of any examination.

(3) On receiving a report made in pursuance of this section, the Board shall, as soon as may be, send a copy of the report to the person appearing to the Board to be in charge of the institution or responsible for the examinations to which the report relates, requesting that person to make observations on the report to the Board within such period as may be specified in the request, not being less than one month beginning with the date of the request.

11. Certificate by the Registrar to be evidence of registration, etc.

A certificate under the hand of the Registrar to the effect that any person was or was not registered as an estate surveyor and valuer under this Act at any time or during any period specified in the certificate, or as to any entry in the register of estate surveyors and valuers or as to any act or proceeding of the Board, shall, until the contrary is proved, be sufficient evidence of the matters therein specified.

12. Registrar to notify Institution of entries in register

The Registrar shall, as soon as practicable, after the entry in the register of any person’s name, or after the removal of such name from the register, give notice in writing to the Institution of the entry or removal, as the case may be, together with all the particulars relevant thereto.

Professional discipline

13. Disciplinary powers of the Board

(1) There shall be a Tribunal to be known as the Estate Surveyors and Valuers Disciplinary Tribunal (in this Act referred to as “the Tribunal”) which shall be charged with the duty of considering and determining any case referred to it by the panel established by the following provisions of this section and any other case of which the Tribunal has cognisance under the following provisions of this Act.

(2) The Tribunal shall consist of the chairman of the Board and eleven other members thereof appointed by the Board of whom not less than four shall be members of the Board holding office by virtue of paragraph (d) of subsection (1) of section 3 of this Act or where the number of those members is for the time being less than four, all those members.

(3) There shall be a body to be known as the Estate Surveyors and Valuers Investigating Panel (in this Act referred to as “the Panel”) which shall be charged with the duty of-

(a) conducting a preliminary investigation into any case where it is alleged that a person registered has misbehaved in his capacity as an estate surveyor and valuer, or should for any other reason be the subject of proceeding before the Tribunal; and

(b) deciding whether the case should be referred to the Tribunal.

(4) The panel shall be appointed by the Board and shall consist of seven members thereof.

(5) The provisions of the Second Schedule to this Act shall, so far as applicable to the Tribunal and the Panel respectively, have effect with respect to those bodies.

[Second Schedule.]

14. Penalties for unprofessional conduct, etc.

(1) Where-

(a) a person registered or provisionally registered under this Act is judged by the Tribunal to be guilty of infamous conduct in any professional respect; or

(b) such a person is convicted of an offence in Nigeria or elsewhere by any court having power to impose imprisonment (whether or not such an offence is punishable with imprisonment) which in the opinion of the Tribunal is incompatible with the status of an estate surveyor and valuer; or

(c) the Tribunal is satisfied that the name of any person has been fraudulently registered,

the Tribunal may, if it thinks fit, give a direction reprimanding that person or ordering the Registrar to strike his name off the relevant part of the register.

(2) The Tribunal may, if it thinks fit, defer or further defer its decision as to the giving of a direction under subsection (1) of this section until a subsequent meeting of the Tribunal; but-

(a) no decision shall be deferred under this subsection for periods exceeding two years in the aggregate; and

(b) no person shall be a member of the Tribunal for the purpose of reaching a decision which has been deferred or further deferred unless he was present as a member of the Tribunal when the decision was deferred or further deferred.

(3) For the purposes of subsection (1) of this section, a person shall not be treated as convicted unless the conviction stands at a time when no appeal or further appeal is pending or may (without extension of time) be brought in connection with the conviction.

(4) When the Tribunal gives a direction under subsection (1) of this section, it shall cause notice of the direction to be served on the person to whom it relates.

(5) A person to whom such a direction relates may, at any time within 28 days from the date of service on him of the notice of the direction, appeal against the direction to the Court of Appeal; and the Tribunal may appear as respondent to the appeal and, for the purpose of enabling directions to be given as to the cost of the appeal and of proceedings before the Tribunal, shall be deemed to be a party thereto whether or not it appears on the hearing of the appeal.

(6) A direction of the Tribunal under subsection (1) of this section shall take effect-

(a) where no appeal under this section is brought against the direction within the time limited for the appeal, on the expiration of that time;

(b) where an appeal is brought and is withdrawn or struck out for want of prosecution, on the withdrawal or striking out of the appeal;

(c) where an appeal is brought and is not withdrawn or struck out as aforesaid, if and when the appeal is dismissed,

and shall not take effect except in accordance with the foregoing provisions of this subsection.

(7) A person whose name is removed from the register in pursuance of a direction of the Tribunal under this section, shall not be entitled to be registered again except in pursuance of a direction in that behalf given by the Tribunal on the application of that person; and a direction under this section for the removal of a person’s name from the register may prohibit an application under this subsection by that person until the expiration of such period from the date of the direction (and where he has duly made such an application, from the date of his last application) as may be specified in the direction.

Miscellaneous and general

15. Temporary registration of persons not citizens of Nigeria

(1) Where a person satisfies the Board-

(a) that he has been selected for employment for a specific period in a capacity in which a person registered as an estate surveyor and valuer under this Act is qualified to be employed and that he is or intends to be in Nigeria temporarily for the purpose of serving for that period in the employment in question; and

(b) that he holds a qualification or has passed examinations necessary for obtaining some qualification granted outside Nigeria which is for the time being aaccepted by the Board as respects the capacity in which, if employed, he is to serve,

the Board may, if it thinks fit, give a direction that he shall be temporarily registered as an estate surveyor and valuer.

(2) The temporary registration of a person shall continue only while he is in such employment as is mentioned in subsection (1) (a) of this section and shall cease at the end of the period of the employment specified to the Board under that subsection or on the prior determination of the employment, whichever first occurs:

Provided that nothing in this subsection shall preclude the Board from giving a further direction under subsection (1) of this section in respect of a specified period whose commencement coincides with the termination or prior determination of another such employment.

(3) A person who is temporarily registered shall, in relation to his employment as mentioned in subsection (1) (a) of this section, and to things done or omitted to be done in the course of that employment, be deemed to be fully registered, but in relation to all other matters he shall be treated as not so registered.

(4) In case of doubt as to whether a person’s employment has been terminated, the decision of the Board shall be conclusive for the purpose of subsection (2) of this section.

(5) The Registrar, as directed from time to time by the Board, shall remove from the register the name of any person ceasing to be entitled to the benefit of this section.

16. Offences

(1) Any person, not being a registered estate surveyor and valuer, who-

(a) for or in expectation of reward, practises or holds himself out to practise as such; or

(b) without reasonable excuse takes or uses any name, title, addition or description implying that he is authorised by law to practise as a registered estate surveyor and valuer,

shall be guilty of an offence under this Act.

(2) If any person, for the purpose of procuring the registration of any name, qualification or other matter-

(a) makes a statement which he believes to be false in a material particular; or

(b) recklessly makes a statement which is false in a material particular,

he shall be guilty of an offence under this Act.

(3) If the Registrar or any other person employed by the Board wilfully makes any falsification in any matter relating to the register, he shall be guilty of an offence under this Act.

(4) A person guilty of an offence under this Act shall be liable-

(a) on conviction in a court lower than the High Court, to a fine not exceedingN100 and, where the offence is a continuing one, to a further fine not exceeding N20 for each and every day that the offence continues;

(b) on conviction in High Court, to a fine not exceeding N 1,000 or imprisonment for a term not exceeding two years or to both such fine and imprisonment and, where the offence is a continuing one, to a further fine not exceeding N50 for each and every day that the offence continues.

(5) Where an offence under this section has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of any director, manager, secretary, or any person purporting to act in any such capacity he, as well as the body corporate, shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

17. Miscellaneous supplementary provisions

(1) Subject to the following provisions of this section, a person not otherwise exempted shall not hold an appointment requiring status as an estate surveyor and valuer under this Act in the public service of the Federation or of a State or in the armed forces of the Federation unless he is an estate surveyor and valuer registered under this Act.

(2) An estate surveyor and valuer shall, but to the extent only of his particular qualifications, be entitled to practise as a registered estate surveyor and valuer throughout the Federation.

(3) It shall be the duty of any person in charge of any university or institution in the Federation offering courses leading to an approved qualification intended for persons who are seeking to become registered estate surveyors and valuers under this Act, to furnish to the Registrar, not later than 31st day of March in every year, a list of the names, and of such other particulars as the Board may specify, of all persons who attended any such courses at the university or institution in question at any time during the preceding year.

(4) In this section “public service” includes service as a registered estate surveyor and valuer in or with any educational institution, corporation or State-owned company in the Federation.

18. Regulations, rules and orders

The Minister shall have power to make all such regulations, as may, in his opinion, be necessary or expedient for giving full effect to the provisions of this Act and for the administration thereof.

Any power to make regulations, rules and orders under this section shall include power to-

(a) make provision for such incidental or supplemental matters as the person or authority making the instrument considers expedient for the purpose of the instrument; and

(b) make different provision for different circumstances.

19. Interpretation

(1) In this Act, unless the context otherwise requires-

“approved qualification” means such qualification which is approved for the time being by the Board;

“Board” means the Estate Surveyors and Valuers Registration Board of Nigeria established under section 1 (1) of this Act;

“estate surveyor and valuer” means any person registered as such under this Act;

“Institute” means the Nigerian Institute of Estate Surveyors and Valuers;

“Minister” means Minister charged with responsibility for matters relating to estate surveying and valuation;

“profession” means the profession of estate surveying and valuation;

“register” means the register maintained under this Act and “registered” shall be construed accordingly;

“Registrar” means the Registrar appointed in pursuance of section 6 of this Act.

(2) For the purpose of this Act, a person is registered if his name is for the time being entered in the register.

(3) Any approval, consent, direction, notice, observation, report, representation or request authorised or required to be given or made by or under this Act shall be in writing and may, without prejudice to any other method of service, but subject to the provisions of rules made under the Second Schedule of this Act, be served by post.

20. Short title

This Act may be cited as the Estate Surveyors and Valuers (Registration, etc.) Act.

___________________

SCHEDULES

FIRST SCHEDULE

Supplementary provisions relating to the Board

Qualifications and tenure of office of members

1. (1) A person shall not be appointed a member of the Board unless he is a citizen of Nigeria and he is registered as an estate surveyor and valuer under this Act.

(2) Subject to the provisions of this paragraph, a person who is a member of the Board otherwise than by virtue of paragraphs (b) and (c) of subsection (1) of section 3 of this Act, shall hold office for a period not exceeding three years beginning with the date of his appointment or election, as the case maybe:

Provided that a person shall not hold office, whether appointed or elected, for a term of less than two years unless the Minister, after consultation with the Board, otherwise directs.

(3) Any member of the Board holding office otherwise than as mentioned in sub-paragraph (2) of this paragraph may, by notice to the Board, resign his office.

(4) Subject to section 3 of this Act, a person who has ceased to be a member of the Board shall be eligible again to become a member of the Board.

(5) Where a member of the Board ceases to hold office before the date when his term of office would have expired by effluxion of time, the body or person by whom he was appointed or elected shall, as soon as may be, appoint or, as the case may be, elect a person to fill the vacancy for the residue of the term aforesaid, so however that (without prejudice to the powers conferred by paragraph (d) of subsection (1) of section 3 of this Act) the foregoing provisions of this sub-paragraph shall not apply where a person holding office as a member of the Board in pursuance of that paragraph ceases to hold office at a time when the residue of his term does not exceed one year.

(6) The power of appointing a person as chairman of the Board shall-

(a) during the period of three years beginning with the date when this sub- paragraph comes into force, be exercisable by the Minister; and

(b) after the expiration of that period, be exercisable by the Board,

and where an existing member of the Board is appointed chairman, his office as an existing member shall become vacant and his term of office as chairman shall begin on the date of his appointment as chairman.

Powers of the Board

2. (1) Subject to the following sub-paragraph and to any direction of the Minister under this Act, the Board shall have power to do anything which in its opinion is calculated to facilitate the carrying on of its activities.

(2) The Board shall not have power to borrow money or to dispose of any property except with the prior consent of the Minister and it shall not have power to pay remuneration (including pensions) allowances, or expenses to any member, officer or servant of the Board or to any other person, except in accordance with the scales approved by the Minister.

Proceedings of the Board

3. Subject to the provisions of this Act and section 27 of the Interpretation Act (which provides for decisions of a body to be taken by a majority of the members of the body and for the chairman to have a second or casting vote) the Board may make standing orders regulating the proceedings of the Board or of any committee thereof.

[Cap. I23.]

4. The quorum of the Board shall be eleven and the quorum of any committee of the Board shall be determined by the Board.

5. (1) The Board shall appoint one of its members to be the vice-chairman of the Board for such periods as the Board may determine, so however that a vice-chairman who ceases to be a member shall cease to be a vice-chairman.

(2) At any time while the office of the chairman is either vacant or the chairman is, in the opinion of the Board permanently or temporarily unable to perform the functions of his office, the vice-chairman shall perform those functions, and references in this Schedule to the chairman shall be construed accordingly.

6. (1) Subject to the provisions of any standing orders of the Board, the Board shall meet whenever it is summoned by the chairman; and if the chairman is required so to do by notice given to him by not less than six other members he shall summon a meeting of the Board to be held within seven days from the date on which the notice is given.

(2) At any meeting of the Board, the chairman, or in his absence, the vice-chairman shall preside, but if both are absent, the members present at the meeting shall appoint one of their number to preside at that meeting.

(3) Where the Board desires to obtain the advice of any person on a particular matter, the Board may co-opt him as a member for such period as it thinks fit; but a person who is a member by virtue of this sub-paragraph shall not be entitled to vote at any meeting of the Board and shall not count towards a quorum.

(4) Notwithstanding anything in the foregoing provisions of this paragraph, the first meeting of the Board shall be summoned by the Minister who may give such directions as he thinks fit as to the member who shall preside and as to the procedure which shall be followed at the meeting.

Committees

7. (1) The Board may appoint one or more committees to carry out, on behalf of the Board, such of its functions as the Board may determine.

(2) A committee appointed under this paragraph shall consist of the number of persons determined by the Board, and not more than one third of those persons may be persons who are not members of the Board; and a person other than a member of the Board shall hold office on the committee in accordance with the terms of the instrument by which he is appointed.

(3) A decision of a committee of the Board shall be of no effect until it is confirmed by the Board.

Miscellaneous

8. (1) The fixing of the seal of the Board shall be authenticated by the signature of the chairman or of some other member authorised generally or specially to act for that purpose by the Board.

(2) Any contract or instrument which, if made or executed by a person not being a body corporate, would not be required to be under seal, may be made or executed on behalf of the Board by any person generally or specially authorised to act for that purpose by the Board.

(3) Any document purporting to be a document duly executed under the seal of the Board shall be received in evidence and shall, unless the contrary is proved, be deemed to be so executed.

9. The validity of any proceedings of the Board or of a committee thereof shall not be affected by any vacancy in the membership of the Board or committee, or by any defect in the appointment of a member of the Board or of a person to serve on the committee, or by reason that a person not entitled to do so took part in the proceedings.

10. Any member of the Board, and any person holding office on a committee of the Board, who has a personal interest in any contract or arrangement entered into or proposed to be considered by the Board or a committee thereof, shall forthwith disclose his interest to the Board and shall not vote on any question relating to the contract or arrangement.

11. A person shall not, by reason only of his membership of the Board, be treated as holding an office in the public service of the Federation or of any State thereof.

________________________

SECOND SCHEDULE

Supplementary provisions relating to the Disciplinary Tribunal

and Investigating Panel

The Tribunal

1. The quorum of the Tribunal shall be four.

2. (1) The Chief Justice of Nigeria shall make rules as to the procedure to be followed and the rules of evidence to be observed in proceedings before the Tribunal.

(2) The rules shall in particular provide-

(a) for securing that notice of the proceedings shall be given, at such time and in such manner as may be specified by the rules, to the person who is the subject of the proceedings;

(b) for determining who, in addition to the person aforesaid, shall be a party to the proceedings;

(c) for securing that any party to the proceedings shall, if he so requires, be entitled to be heard by the Tribunal;

(d) for enabling any party to the proceedings to be represented by a legal practitioner;

(e) subject to the provisions of section 14 (5) of this Act, as to the costs of proceedings before the Tribunal;

(f) for requiring, in a case where it is alleged that a person who is the subject of the proceeding is guilty of infamous conduct in any professional respect, that where the Tribunal adjudges that the allegation has not been proved, it shall record a finding that the person is not guilty of such conduct in respect of the matters to which the allegation relates; and

(g) for publishing in the Federal Gazette notice of any direction of the Tribunal which has taken effect providing that a person’s name shall be struck off a register.

3. For the purposes of any proceedings before the Tribunal, any member of the Tribunal may administer oaths and any party to the proceedings may issue out of the registry of the High Court, as the case may require, writs of subpoena ad testificandum and duces tecume; but no person appearing before the Tribunal shall be compelled to-

(a) make any statement before the Tribunal tending to incriminate himself; or

(b) produce any document under such a writ which he could not be compelled to produce at the trial of an action.

4. (1) For the purpose of advising the Tribunal on questions of law arising in proceedings before it, there shall in all such proceedings be an assessor to the Tribunal who shall be appointed by the Board on the nomination of the Chief Justice of Nigeria and shall be a legal practitioner of not less than seven years’ standing.

(2) The Chief Justice of Nigeria shall make rules as to the functions of assessors appointed under this paragraph, and in particular such rules shall contain provisions for securing that-

(a) where an assessor advises the Tribunal on any question of law as to evidence, procedure or any other matter specified by the rules, he shall do so in the presence of every party or person representing a party to the proceedings who appears thereat or, if the advice is tendered while the Tribunal is deliberating in private, that every such party or person as aforesaid shall be informed as to what advice the assessor has tendered; and

(b) every such party or person as aforesaid shall be informed if the Tribunal does not in any case accept the advice of the assessor on such a question as aforesaid.

(3) An assessor may be appointed under this paragraph either generally or for any particular proceedings or class of proceedings, and shall hold and vacate office in accordance with the terms of the instrument by which he is appointed.

The Panel

5. The quorum of the Panel shall be three.

6. (1) The Panel may, at any meeting attended by not less than six members thereof, make standing orders with respect to the Panel.

(2) Subject to the provisions of any such standing orders, the Panel may regulate its own procedure.

Miscellaneous

7. (1) A person ceasing to be appointed a member of the Tribunal or the Panel shall be eligible for re-appointment as a member of that body.

(2) A person may, if otherwise eligible, be a member of both the Tribunal and the Panel; but no person who acted as member of the Panel with respect to any case shall act as a member of the Tribunal with respect to that case.

8. The Tribunal or the Panel may act notwithstanding any vacancy in its membership; and the proceedings of either body shall not be invalidated by any irregularity in the appointment of a member of that body, or (subject to sub-paragraph (2) of paragraph 7 of this Schedule) by reason of the fact that any person who was not entitled to do so took part in the proceedings of that body.

9. The Tribunal and the Panel may each sit in two or more divisions.

10. Any document authorised or required by virtue of this Act to be served on the Tribunal or the Panel shall be served on the Registrar.

11.Any expenses of the Tribunal or the Panel shall be defrayed by the Board.

12. A person shall not, by reason only of his appointment as an assessor to the Tribunal or as a member of the Panel, be treated as holding an office in the public service of the Federation or of any State thereof.

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ESTATE SURVEYORS AND VALUERS REGISTRATION ACT

SUBSIDIARY LEGISLATION

_______________________________________

List of Subsidiary Legislation

1. Estate Surveyors and Valuers (Disciplinary Tribunal and Assessors) Rules.

_____________________________________

ESTATE SURVEYORS AND VALUERS (DISCIPLINARY TRIBUNAL

AND ASSESSORS) RULES

[S.I. 15 of 1980.]

under paragraphs 2 and 4 of the Second Schedule

[27th August, 1980] [Commencement.]

Proceedings before the Tribunal

1. Reference of case to Tribunal

In any case where in pursuance of section 13 (3) of the Act the Panel is of the opinion that a prima facie case is made against an estate surveyor and valuer, the Panel shall prepare a report of the case and formulate any appropriate charge or charges and forward them to the secretary together with all the documents considered by the Panel.

2. Parties and appearance

(1) The parties to proceedings before the Tribunal shall be-

(a) the complainant;

(b) the respondent;

(c) any other person required by the Tribunal to be joined or joined by leave of the Tribunal.

(2) Any party to the proceedings may appear in person or be represented by a legal practitioner, so however that the Tribunal may order a party to the proceedings to appear in person if of opinion that it is necessary in the interest of justice but without prejudice to his right to counsel.

3. Notice of hearing and service

(1) On the direction of the chairman, the secretary shall fix a day for the hearing of the case and forthwith thereafter shall, in the form set out in the Schedule to these Rules, serve notice thereof on each party to the proceedings.

[Schedule.]

(2) The secretary shall serve on each party, other than the complainant, copies of the report and all the charges prepared by the Panel and all documents considered by the Panel.

(3) It shall be sufficient compliance with this rule if any process required to be served is handed to the party concerned or affected personally or is sent by registered post to the last known place of residence or abode of the party.

4. Hearing in absence of parties

(1) Subject to the next succeeding paragraph, the Tribunal may hear and determine a case in the absence of any party.

(2) Any party to the proceedings before a Tribunal who fails to appear or be represented, or who has previously appeared before the Tribunal but subsequently fails to appear or be represented, may apply within thirty days after the date when the pronouncement of the findings and directions of the Tribunal were given, for a re-hearing on the grounds of want of notice or other good and sufficient reason; and the Tribunal may, in appropriate cases, grant the application upon such terms as to costs or otherwise as it thinks fit.

5. Witnesses and evidence

The Tribunal may in the course of its proceedings hear such witnesses and receive such documentary evidence as in its opinion may assist in arriving at a conclusion as to the truth or otherwise of the charge or charges referred to it by the Panel; and in the application of this rule, the provisions of the Evidence Act or Law in force in the State where the Tribunal holds its sittings shall apply to any such proceedings.

[Cap. E14.]

6. Amendment of charges

If in the course of the proceedings it appears to the Tribunal that the charge or charges referred to it by the Panel require to be amended in any respect, the Tribunal may permit such amendment as it thinks fit.

7. Proceedings to be in public

The proceedings of the Tribunal shall be held, and its findings and directions shall be pronounced, in public.

8. Adjournment of hearing

The Tribunal may, of its own motion, or upon application of any party, adjourn the hearing on such terms as to costs or otherwise as the Tribunal may think fit.

9. False evidence

If any person wilfully gives false evidence on oath before the Tribunal during the course of any proceedings, or wilfully makes a false statement in any affidavit sworn for the purpose of any such proceedings, the Tribunal may refer the matter to the Attorney-General of the Federation for any action he may deem fit.

Findings, etc.

10. Findings and costs

If, after the hearing, the Tribunal adjudges that the charge of professional misconduct has not been proved, the Tribunal-

(a) shall record a finding that the respondent is not guilty of such conduct in respect of the matters to which the charge relates;

(b) may, nevertheless, order any party (except the complainant) to pay the costs of the proceedings if, having regard to his conduct and to all the circumstances of the case, the Tribunal thinks fit so to order.

11. Publication of Tribunal’s findings

Subject to section 14 (4) of the Act (which relates to appeals), any direction given by the Tribunal shall be published in the Federal Gazette as soon as may be after the direction takes effects.

12. Record of proceedings

(1) Shorthand notes of the proceedings may be taken by a person appointed by the Tribunal and any party who appeared at the Tribunal and any party who appeared at the proceedings shall be entitled to inspect the transcript thereof.

(2) The secretary shall supply to any person entitled to be heard upon an appeal against the direction of the Tribunal, and to the Estate Surveyors and Valuers Registration Board of Nigeria, but to no other person, a copy of the transcript of such notes on payment of such charges as may be determined by the secretary.

(3) If no shorthand notes are taken, the chairman shall take a note of the proceedings and, accordingly, the provisions of these Rules as to inspection and supplying of copies shall apply to such notes.

13. Dispensing with certain provisions

The Tribunal may dispense with any requirement of these Rules respecting notices, affidavits, documents, service or time in any case where it appears to the Tribunal to be just to do so; and the Tribunal may in any appropriate case extend the time to do anything under these Rules.

14. Power to retain exhibits pending appeal

The Tribunal may order that any documents or other exhibits produced or used at the hearing shall be retained by the secretary until the time within which an appeal may Bd3Ebne entered has expired, and if notice of appeal is given, until the appeal is heard or otherwise disposed of.

15. Appointment and duties of assessor

(1) An assessor, when nominated in accordance with paragraph 4 (1) of the Second Schedule to the Act, shall be appointed by the Board by instrument, and the assessor shall hold and vacate office as provided in the instrument; where the appointment is not a general one, it shall have effect only in respect of a particular sitting of the Tribunal.

[Second Schedule. Cap. E13.]

(2) Subject to the terms of his appointment, an assessor shall attend any meeting of the Tribunal as and when requested to do so by notice in writing given to him by the secretary not later than three clear days before the date appointed for the meeting; and he shall there advise the Tribunal on questions of law arising in proceedings before it.

(3) Except where the Tribunal is deliberating in private, the advice of the assessor on questions of law as to evidence, procedure and as to compliance with the Act shall be tendered in the presence of every party or of his counsel.

(4) If the advice by the assessor to the Tribunal is given otherwise than in the presence of all parties, or as the case may be of their counsel, the assessor shall, as soon as may be thereafter, inform all the parties as to the nature of the advice and the reaction thereto of the Tribunal.

(5) Fees to be paid to the assessor shall be such as may be determined by the Board from time to time with the consent of the assessor.

Supplementary

16. Interpretation

In these rules, unless the context otherwise requires-

“chairman” means the chairman of the Estate Surveyors and Valuers Disciplinary Tribunal;

“complainant” means the Estate Surveyors and Valuers Investigating Panel or any member thereof;

“respondent” means the person required to answer any charge of professional misconduct;

“secretary” means a person appointed to act as the Registrar under section 6 (1) of the Act.

17. Short title

These Rules may be cited as the Estate Surveyors and Valuers (Disciplinary Tribunal and Assessors) Rules.

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SCHEDULE

Form (CCB. 1)

Notice of hearing by the Estate Surveyors and Valuers Disciplinary Tribunal

In the matter of the Estate Surveyors and Valuers (Registration, etc.) Act (Cap. E13)

and

In the matter of A.B., a registered estate surveyor and valuer

TAKE NOTICE that the report and charges prepared by the Estate Surveyors and Valuers Investigating Panel in the above matter are fixed for hearing by the Estate Surveyors and Valuers Disciplinary Tribunal at ———————————-

on the —————– day of —————– 20 —————– Copies of:

(a) the report;

(b) the charges; and

(c) —————–

are annexed hereto.

DATED the
—————– day of —————– 20 —————–
Secretary to the Tribunal
Source: Policy and Legal Advocacy Centre

QUANTITY SURVEYORS (REGISTRATION, ETC.) ACT ARRANGEMENT OF SECTIONS Quantity Surveyors Registration Board of Nigeria SECTION 1. Establishment of Quantity Surveyors Registration Board of Nigeria, etc.
Composition of the Board.
Financial provisions.
Power to issue directions by the Minister.
The register
Preparation and maintenance of the register.
Publication of register and list of corrections.
Registration
Registration as quantity surveyors.
Special registration.
Approval of courses, qualifications and institutions.
Supervision of instructions and examinations leading to approved qualifications. 11. Certificate of experience.
Professional discipline
Establishment of Disciplinary Committee and Investigating Panel.
Penalties for unprofessional conduct, etc.
Miscellaneous and general 14. Temporary registration of persons not citizens of Nigeria. Offences
Offences.
Miscellaneous supplementary provisions.
Recovery of fees.
Regulations, rules and orders.
Interpretation, etc.
Short title.
SCHEDULES FIRST SCHEDULE Supplementary provisions relating to the Board SECOND SCHEDULE Supplementary provisions relating to the Disciplinary Committee and Investigating Panel
An Act to establish the Quantity Surveyors’ Registration Board of Nigeria and to provide for the registration of Quantity Surveyors; determine the standard of knowledge and skill to be obtained by a person seeking registration and matters connected therewith. [1986No.31.] 125th February, 1986J [Commencement Quantity Surveyors Registration Board of Nigeria
Establishment of quantity Surveyors Registration Board of Nigeria, etc.
There is hereby established a body to be known as the Quantity Surveyors Registra- tion Board of Nigeria (in this Act referred to as “the Board”) which shall be a body cor- porate by the name aforesaid and be charged with the general duty of– (a) determining who are quantity surveyors for the purposes of this Act; (b) determining what standards of knowledge and skill are to be attained by per- sons seeking to become registered as quantity surveyors and raising those standards from time to time as circumstances may permit; (c) securing in accordance with the provisions of this Act the establishment and maintenance of a register of persons entitled to practise as quantity surveyors and the publication from time to time of lists of those persons; (d) regulating and controlling the practice of the quantity surveying profession in all its aspects and ramifications; (e) performing such other functions that may be conferred on the Board by this Act. 2. Composition of the Board (1) Subject to the provisions of this Act, the Board shall consist of the following members, that is- (a) one person who shall be the president of the Board; (b) five persons to be appointed by the Minister of whom one shall be appointed from the Ministry under his control and the other person from amongst other interests in the field of quantity surveying covered by this Act, which in his opinion are not adequately represented; (c) five persons elected by the Nigerian Institute of Quantity Surveyors in the manner for the time being provided by the constitution of that body; (d) four persons to represent the universities and other institutions of higher edu- cation (including technical colleges) offering courses leading to an approved qualification in Nigeria having faculties of quantity surveying, each institution having not more than one representative at a time. (2) The provisions of the First Schedule to this Act shall have effect with respect to the qualifications and tenure of office of members of the Board, powers and procedure of the Board and the other matters therein mentioned. [First Schedule.] Financial provisions
(1) The Board shall prepare and submit to the M inister not later than 30 June of the year in which this Act comes into force (so however that for that year the Minister may if he considers it necessary extend the period) and of each subsequent year estimate of its expenditure and income during the next succeeding financial year. (2) The Board shall keep proper records in respect of each financial year and proper records in relation to these accounts, and shall cause the accounts to be audited as soon as may be after the end of the financial year to which the accounts relate.
Power to issue directions by the Minister
(1) The Minister may give to the Board directions of a general character or relating generally to particular matters (but not to any individual person or case) with regard to the exercise by the Board of its functions and it shall be the duty of the Board to comply with the directions. (2) Before giving a direction under subsection (1) of this section, the Minister shall serve a copy of the proposed direction on the Board and shall afford the Board an oppor- tunity of making representations to him with respect to the direction; and after consider- ing any representations made to him in pursuance of this subsection, the Minister may give the direction either without modification, or with such modifications as appear to him to be appropriate having regard to the representations. The register
Preparation and maintenance of the register
(1) The Board shall appoint a fit and proper person to be the registrar for the purposes of this Act. (2) The registrar shall prepare and maintain in accordance with rules made by the Board under this section a register of the names, addresses and approved qualifications, and of such other particulars as may be specified, of all persons who are entitled in ac- cordance with the provisions of this Act to be registered as quantity surveyors and who apply in the specified manner to be so registered. (3) The register of quantity surveyors (hereinafter in this Act referred to as “the reg- ister”) shall consist of two parts of which one shall be in respect of temporarily registered persons. (4) Subject to the following provisions of this section, the Board shall make rules with respect to the form and keeping of the register and making of entries therein, and in particular- (a) regulating the making of applications for registration and providing for the evidence to be produced in support of any such application; (b) providing for the notification to the registrar by the person to whom any regis- tered particulars relate, of any change in those particulars; (c) authorising a registered person to have any qualification which is in relation to the relevant division of the profession, whether an approved qualification or an accepted qualification for the purposes of section 7 (2) (b) of this Act regis- tered in relation to his name in addition to or as he may elect, in substitution for any other quali fication so registered; (d) specifying the fees to be paid to the Board in respect of the entry of names on the register and authorising the registrar to refuse to enter a name on the regis- ter until any fee specified for the entry has been paid; (e) specifying anything falling to be specified under the foregoing provisions of this section,but rules made for the purposes of paragraph (d) of this subsection shall not come into force until they are confirmed by order of the Minister. (5) The register shall- (a) correct, in accordance with the Board’s directions, any entry in the register which the Board directs him to correct as being in the Board’s opinion an entry which was incorrectly made; (b) make from time to time any necessary alterations to the registered particulars of registered persons; (c) remove from the part of the register, which relates to temporarily registered person, all particulars relating to a person registered in the other part of that register or relating to persons ceasing for any reason to be entitled to be so temporarily registered. (6) If the registrar- (a) sends by post to any registered person a registered letter addressed to him at his address on the register enquiring whether the registered particulars relating to him are correct and receives no reply to the letter within the period of six months form the date of posting it; and (b) upon the expiration of that period sends in like manner to the person in ques- tion a second similar letter within three months from the date of posting it, the registrar may remove the particulars relating to the person in question from the rele- vant part of the register; but the Board may direct the registrar to restore to the appropri- ate part of the register any particulars removed there from under this subsection.
Publication of register and list of corrections (1) The registrar shall-
(a) cause the register to be printed, published, and put on sale to members of the public not later than two years from the beginning of the year in which this Act comes into force; and (b) in each year after a register has been published under paragraph (a) of this sub- section cause to be printed, published and put on sale as aforesaid either a cor- rected edition of the register or a list of alterations made to the register since it was last printed; and (c) cause a print of each edition of the register and each list of corrections to be deposited at the principal offices of the Board, and the Board shall keep the register and lists so deposited open at all reasonable times for inspection by members of the public. (2) A document purporting to be a print of an edition of a register published under this section by authority of the registrar in the current year, or documents purporting to be prints of an edition of a register so published in a previous year and of a list of corrections to that edition so published in the current year, shall (without prejudice to any other mode of proot) be admissible in any proceedings as evidence that any person specified in the document, or the documents read together, as being fully or temporarily registered is so registered, and that any person not so specified is not so registered. Registration
Registration as quantity surveyors
(1) Subject to section 18 of this Act and to rules made under section 5 (4) of this Act, a person shall be entitled to be fully registered as a quantity surveyor under this Act if– (a) he has attended a course of training approved by the Board under section 9 of this Act; and (b) the course was conducted at an institution so approved, or partly at one such institution and partly at another or others; (c) he holds a qualification so approved; and (d) he holds a certificate of experience issued in pursuance of section II of this Act. (2) Subject as aforesaid, a person shall also be entitled to be fully registered under this Act if he satisfies the Board- (a) that he is of good character; (b) that he holds a qualification granted outside Nigeria and for the time being accepted by the Board for the purposes of this subsection as respect the quan- tity surveying profession; and (c) that in the country in which the qualification was granted he was under no le- gal disability in the practice of quantity surveying; and (d) if the Board so requires, that he has sufficient practical experience in quantity surveying, and the Board shall from time to time, publish in the Federal Gazette, particulars of the qualifications for the time being accepted as aforesaid. (3) Subject as aforesaid, a person shall be entitled to be temporarily registered under this Act in the cases specified in section 14 of this Act. 8. Special registration Notwithstanding section 7 (1) of this Act but subject to section 11 and to rules made under section 5 (4) of this Act, a person shall be entitled to be fully registered under this Act if– (a) he has, by the date of his application for registration, had not less than seven years practical experience in quantity surveying; (b) the level and quality of the said practical experience are such that they are ac- ceptable to the Board; (c) by the date of the said application he is not less than 35 years of age; (d) he is of good character; and (e) the Board considers that he is otherwise a fit and proper person to be regis- tered. 9. Approval of courses, qualifications and institutions (1) Subject to subsection (2) of this section, the Board may approve for the purpose of section 7 of this Act- (a) any course of training which is intended for persons who are seeking to be- come, or are already members of the quantity surveying profession, and which the Board considers is designed to confer on persons completing it, sufficient knowledge and skill for the practice of that profession or for the practice as members of a specialised branch of that profession; (b) any institution either in Nigeria or elsewhere, which the Board considers is properly organised and equipped for conducting the whole or any part of a course of training approved by the Board; or (c) any qualification which, as a result of an examination taken in conjunction with the course of training approved by the Board under this section, is granted to candidates reaching a standard at the examination indicating in the opinion of the Board that they have sufficient knowledge and skill to practise quantity surveying as a profession. (2) The Board shall from time to time publish in the Federal Gazette a list of qualifi- cations, courses and institutions in the profession of quantity surveying approved by it, and subject thereto the Board shall not approve for the purposes of subsection (l) (b) of this section, a qualification granted by an institution in Nigeria unless the qualification has been so published by the Board. (3) The Board may, if it thinks fit, withdraw any approval given under this section in respect of any course, qualification or institution; but before withdrawing such an ap- proval, the Board shall- (a) give notice that it proposes to do so to persons appearing to the Board to be persons by whom the course is conducted or the quali fication is granted or the institution is controlled, as the case may be; (b) afford each such person an opportunity of making to the Board representations with regard to the proposal; and (c) take into consideration any representations made in relation to proposal in pur- suance of subsection (4) of this section. (4) As respects any period during which the approval of the Board under this section IS withdrawn, such course, institution or qualification shall not be treated as approved under this section. (5) Notwithstanding subsection (4) of this section, the withdrawal of any approval shall not prejudice the registration of eligibility for registration of any person who by virtue of the approval was registered or eligible for registration (either unconditionally or subject to his obtaining a certificate of experience) immediately before the approval was withdrawn. (6) The giving or withdrawal of an approval under this section shall have effect from such date, after the execution of the instrument signifying the giving or withdrawal of the approval, as the Board may specify in that instrument and the Board shall- (a) as soon as may be publish a copy of every such instrument in the Federal Ga- zette; and (b) not later than seven days before its publication as aforesaid, send a copy of the instrument to the Minister for approval. 10. Supervision of instructions and examinations leading to approved qualifica- tions (1) The Board shall keep itself informed of the nature or- (a) the instruction given at approved institutions to persons attending an approved course of training; (b) the examinations as a result of which approved qualifications are granted, and for the purposes of performing that duty, the Board may appoint either from among its own members or otherwise, persons to visit approved institutions or to attend such examinations. (2) A visitor appointed under subsection (1) of this section shall report to the Board on- (a) the sufficiency of the instruction given to persons attending approved courses of training at institutions visited by him; (b) the sufficiency of the examinations attended by him; and (c) any other matter relating to the institutions or examinations on which the Board may, either generally or in a particular case, request him to report, but no visitor shall interfere with the giving of any instruction or the holding of any examination. (3) On receiving a report made in pursuance of this section, the Board shall as soon as may be thereafter send a copy of the report to the person appearing to the Board to be in charge of the institution or responsible for the examinations to which the report relates, requesting that person to make observations on the report within such period as may be specified in the request, not being less than thirty days beginning with the date of the re- quest. 11. Certificate of experience (1) A person who, after obtaining an approved qualification, satisfies the conditions mentioned in subsection (2) of this section, shall be entitled to receive free of charge a certificate of experience in the prescribed form from the person in charge of the estab- lishment, undertaking or organisation mentioned in that subsection. (2) The conditions aforesaid are- (a) he shall have been employed as a quantity surveyor for the prescribed period in Nigeria with a view to obtaining a certificate of experience; (b) he shall have acquired during his employment practical experience under the previous supervision and guidance of one or more registered quantity survey- ors for such periods as may be prescribed; and (c) the manner in which he carried out the duties of his employment and his con- duct during the period of his employment shall have been satisfactory. (3) The employer (being a registered quantity surveyor) supervising the work of per- son employed with a view to obtaining a certificate of experience shall ensure that any such person is afforded proper opportunities of acquiring the practical experience re- quired for the purposes of subsection (2) (b) of this section. (4) Where, after having served his time as mentioned in subsection (2) (a) of this section, a person is refused a certificate of experience he shall be entitled- (a) to receive from his employer particulars in writing specifying the grounds of the refusal; and (b) to appeal from the refusal to a Committee of the Board in accordance with rules made by the Board in that behalf (including rules as to the time within which appeals are to be brought), and on any such appeal the Committee shall either dismiss the appeal or issue the certifi- cate of experience in question or gi ve such other directions in the matter as it considers just. (S) Regulations may provide for the issue of certificates of experience in respect of employment and institutions outside Nigeria. Professional discipline 12. Establishment of Disciplinary Committee and Investigating Panel (1) There shall be a Committee to be known as the Registered Quantity Surveyors Disciplinary Committee (in this Act referred to as “the Disciplinary Committee”) which shall be charged with the duty of considering and determining any case referred to it by the Panel established by the following provisions of this section and any other case of which the Disciplinary Committee has cognisance under the following provisions of this Act. (2) The Disciplinary Committee shall consist of the president of the Board and eight other members of the Board appointed by the Board, and shall include not less than four members of the Board holding office by virtue of paragraph (c) of subsection (1) of Sl:C- tion 2 of this Act or, where the number of those members is for the time being less than four, all those members. (3) There shall be a body, to be known as the Registered Quantity Surveyors Investi- gating Panel (in this Act referred to as “the Panel”) which shall be charged with the duty of— (a) conducting a preliminary investigation into any case where it is alleged that a person fully or temporarily registered has misbehaved in his capacity as such, or should for any other reason be the subject of proceedings before the Disci- plinary Committee; (b) deciding whether the case should be referred to the Disciplinary Committee. (4) The Panel shall be appointed by the Board and shall consist of five members and three registered quantity surveyors who are not members of the Board. (5) The provisions of the Second Schedule to this Act shall, so far as applicable to the Disciplinary Committee and the Panel respectively, have effect with respect to those bodies. [Second Schedule.] 13. Penalties for unprofessional conduct, etc. (1) Where- (a) a person fully registered under this Act is convicted by any court or tribunal in Nigeria or elsewhere having power to award imprisonment for an offence (whether or not it is an offence punishable with imprisonment) which in the opinion of the Disciplinary Committee is incompatible with the status of a registered quantity surveyor; or (b) a person temporarily registered under this Act is likewise so convicted in cir- cumstances such that the Board is satisfied that his name ought to be removed from the register; or (c) the Disciplinary Committee is satisfied that the name of any person has been fraudulently registered, the Disciplinary Committee may, if it thinks fit, give a direction reprimanding that per- son, or suspending him for such period as the Disciplinary Committee may deem fit, if fully registered or, whether or not fully registered, ordering the registrar to strike his name off the relevant part of the register. (2) The Disciplinary Committee may, if it thinks tit, defer or further defer its decision as to the giving of a direction under subsection (1) of this section until a subsequent meeting of the Disciplinary Committee; but- (a) no decision shall be deferred under this subsection for periods exceeding two years in the aggregate; and (b) no person shall be a member of the Disciplinary Committee for the purposes of reaching a decision which has been deferred or further deferred unless he was present as a member of the Disciplinary Committee when the decision was deferred. (3) For the purposes of subsection (1) of this section, a person shall not be treated as convicted as mentioned in paragraph (b) of that subsection unless the conviction stands at a time when no appeal or further appeal is pending or may (without extension of time) be brought in connection with the conviction. (4) When the Disciplinary Committee gives a direction under subsection (1) of this section, the Disciplinary Committee shall cause notice of the direction to be served on the person to whom it relates. (5) The person to whom such a direction relates may, at any time within 28 days from the date of service on him of the notice of the direction, appeal against the direction to the Federal High Court; and the Disciplinary Committee may appear as respondent to the appeal and, for the purpose of enabling directions to be given as to the costs of the appeal and of proceedings before the Disciplinary Committee, shall be deemed to be a party thereto whether or not it appears on the hearing of the appeal. (6) A direction of the Disciplinary Committee under subsection (1) of this section shall take effect- (a) where no appeal under this section is brought against the direction within the time limited for the appeal, on the expiration of that time; or (b) where an appeal is brought and is withdrawn or struck out for want of prose- cution, on the withdrawal or striking out of the appeal; or (c) where such an appeal is brought and is not withdrawn or struck out as afore- said, if and when the appeal is dismissed; and not otherwise howsoever. (7) A person whose name is removed from the register in pursuance of a direction of the Disciplinary Committee under this section, shall not be entitled to be registered again except in pursuance of a direction in that behalf given by the Disciplinary Committee on the application of that person; and a direction under this section for the removal of a per- son’s name from the register may prohibit an application under this subsection by that person until the expiration of such period from the date of the direction (and where he has duly made such an application from the date of his last application) as may be specified in the direction. Miscellaneous and general 14. Temporary registration of persons not citizens of Nigeria (1) Where a person satisfies the BoarJ- (a) that he has been selected for employment for a specified period in a capacity in which a person fully registered as quantity surveyor under this Act would normally be employed and that he is or intends to be in Nigeria temporarily for the purposes of serving for that period in the employment in question; and (b) that he holds, or has passed examinations necessary for obtaining some quali- fication granted outside Nigeria which is for the time being accepted by the Board for the purposes of this section as respects the capacity in which, if em- ployed, he is to serve, the Board may, if it thinks fit, give a direction that he shall be temporarily registered as a quantity surveyor. (2) The temporary registration of a person shall continue only while he is in such employment as is mentioned in subsection (1) (a) of this section and shall cease- (a) on the termination of the period of employment specified to the period which- ever first occurs; or (b) on the termination of the said employment before the end of that period which- ever comes first: Provided that nothing in this subsection shall preclude the Board from giving a further direction under subsection (1) of this section in respect of a speci fied period whose commencement coincides with the termination of another such period. (3) A person who is temporarily registered shall, in relation to his employment as mentioned in subsection (1) (a) of this section and to things done or omitted to be done in the course of that employment, be deemed to be fully registered, but in relation to all other matters he shall be treated as not so registered. (4) In case of doubt as to whether a person’s employment has terminated, the deci- sion of the Board shall be conclusive for the purposes of subsection (2) of this section. (5) Nothing in this section shall have effect to exempt any person temporarily regis- tered as a quantity surveyor pursuant to this section from payment of any annual practis- ing fee prescribed under this Act. (6) The registrar, as directed from time to time by the Board, shall remove from the register the name of any person ceasing to be entitled to the benefit of this section. Offences I5. Offences (1) If any person who is not a registered quantity surveyor- (a) for or in expectation of reward practises or holds himself out to practise as a registered quantity surveyor; or (b) without reasonable excuse takes or uses any name, title, addition or description implying that he is authorised by law to practise as a registered quantity sur- veyor, he shall be guilty of an offence. (2) Any person on the temporary register who, otherwise than in accordance with section 14 of this Act- (a) for or in expectation of reward, practises or holds himself out to practise as a registered quantity surveyor; or (b) without reasonable excuse takes, or uses any name, title, addition or descrip- tion implying that he is authorised by law to practise as a registered quantity surveyor, shall be guilty of an offence. (3) If any person, for the purpose of procuring the registration of any name, qualifi- cation or other matter- (a) makes a statement which he believes to be false in a material particular; or (b) recklessly makes a statement which is false in a material particular, he shall be guilty of an offence. (4) If the registrar or any other person employed by the Board wilfully makes any falsification in any matter relating to the register he shall be guilty of an offence. (5) A person guilty of an offence under this section shall be liable on conviction in a High Court to a fine not exceeding NI ,000 or imprisonment for a term not exceeding two years, or to both such fine and imprisonment. (6) Where an offence under this section which has been committed by a body corpo- rate is proved to have been committed with the consent or connivance of, or, to be attrib- utable to any neglect on the part of, any director, manager, secretary, or other similar of- ficer of the body corporate, or any person purporting to act in any such capacity, he, as well as the body corporate, shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. 16. Miscellaneous supplementary provisions (1) Subject to the following provisions of this section, a person shall not hold an ap- pointment requiring status as a registered quantity surveyor under this Act in the public service of the Federation or a State or in the armed forces of the Federation unless he is a quantity surveyor registered under this Act or is otherwise exempted. (2) A registered quantity surveyor under this Act shall, but to the extent only of his particular qualifications, be entitled to practise as a registered quantity surveyor through- out the Federation. (3) It shall be the duty of thc person in charge of each university or other institutions of higher education (including technical colleges) having attached thereto a faculty or department (howsoever called) of quantity surveying in the Federation at which there is held a course of training intended for persons who are seeking to become registered quantity surveyors under this Act to furnish to the registrar, not later than 31 March in every year, a list of the names and of such other particulars as the Board may by order specify, of all persons who attended any such course at the institution in question at any time during the preceding year. 17. Recovery offees Without prejudice to any rule of law whereby a contract may be avoided for incon- sistency with an enactment, a person other than a fully registered quantity surveyor shall not be entitled to recover by process of law, fees or other valuable consideration whatso- ever in respect of any act, matter or thing done or omitted to be done by his intended pur- suance of any contract while purporting to act as a registered quantity surveyor. 18. Regulations, rules and orders The Minister shall have power to make regulations, rules or orders and these shall in- clude power- (a) to make provision for such incidental and supplementary matters as he may from time to time consider expedient for the purposes of this Act; and (b) to make different provision for different circumstance. 19. Interpretation, etc. (l) In this Act, unless the context otherwise requires- “approved” means for the time being approved under section 9 of this Act; “approved quantity surveyor qualification” means a qualification which is ap- proved in respect of the quantity surveying profession; “Board” means the Quantity Surveyors Registration Board of Nigeria established by section 1 of this Act; “Disciplinary Committee” has the meaning assigned to it by section 12 (1) of this Act; “Minister” means the Minister charged with the general responsibility for matters relating to the quantity surveying profession; “Panel” has the meaning assigned to it by section 12 (3) of this Act; “prescribed” means prescribed by regulations made under this Act; “public service” means public service of the Federation or of a State as defined in section 318 of the Constitution or the Federal Republic of Nigeria 1999; [Cap. C23] “register” means the register maintained under this Act; and “registered” shall be construed accordingly; “registrar” means the registrar appointed in pursuance of section 5 or this Act; “regulations” means regulations made by the Minister. (2) For the purposes of this Act- (a) a person is fully registered if his name is for the time being entered in the part of the register maintained in respect of fully registered persons; and (b) a person is temporarily registered if his name is for the time being entered in the other part of that register, and “fully registered” and “temporarily registered” shall be construed in accordance with paragraphs (a) and (b) of this subsection. (3) Any approval, consent, direction, notice, observation, report, representation or re- quest authorised or required to be given or made by or under this Act shall be in writing and may, without prejudice to any other method of service but subject to the provisions of rules made under paragraph 2 of the Second Schedule to this Act, be served by post. [Second Schedule.] 20. Short title This Act may be cited as the Quantity Surveyors (Registration, etc.) Act. SCHEDULE FIRST SCHEDULE [Section 2 (2).] Supplementary provisions relating to the Board Qualifications and tenure of office of members 1. (1) A person shall not be a member of the Board unless he is a citizen of Nigeria fully registered as a quantity surveyor under this Act. (2) A person who is not a member of the Board by virtue of his election by the Nigerian Institute of Quantity surveyors or of his appointment as a member of any of the public serv- ices of Nigeria shall, subject to the following provisions of this paragraph, hold office for the period of three years beginning with the date of his appointment or election as a member. (3) Persons elected by the Nigerian Institute of Quantity Surveyors shall hold office as members of the Board for such term. Not less in any event than two years from the date of election, as may be provided by the constitution of that Institute. (4) Any member of the Board holding office otherwise than by virtue of his appointment as a member of the public services as aforesaid may, by notice to the Board resign his office. (5) A person who has ceased to be a member of the Board shall be eligible again to be- come a member of the Board but shall cease to be a member after a total period of six years. (6) Where a member of the Board cease to hold office before the date when his term of office would have expired by the effluxion of time, the body or person by whom he was ap- pointed or elected shall as soon as may be, appoint, or, as the case may be, elect a person to fill the vacancy for the residue of the term aforesaid, so however that (without prejudice to the powers conferred by subsection 1 (d) of section 2 of this Act) the foregoing provisions of this sub-paragraph shall not apply where a person holding office as a member of the Board in pursuance of that paragraph ceases to hold office at a time when the residue of his term does not exceed one year. (7) The appointment of the president shall be by election. Powers of the Board 2. (1) Subject to the following sub-paragraph and to any directions of the Minister under this Act, the Board shall have power to do anything which in its opinion is calculated to facilitate the carrying on of its activities under this Act. (2) The Board shall not have power to borrow money or to dispose of any properly ex- cept with the prior consent of the Minister and shall not have power to pay remuneration (in- cluding pensions), allowances or expenses to any member, officer or servant of the Board or to any other person except in accordance with scales approved by the Minister. Proceedings of the Board 3. (1) Subject to the provisions of this Act and of section 27 or the Interpretation Act (which provides for decisions of a statutory body to be taken by a majority of the members of the body and for the person presiding to have a second or casting vote) the Board may take standing orders regulating the proceeding of the Board or of any Committee thereof. Cap. 123 (2) The quorum of the Board shall be seven if at least one each of the members ap- pointed pursuant to section 2 (1) (b), (c) and (d) is present; and the quorum of any Committee of the Board shall be determined by the Board. 4. The Board shall appoint one of its members to be the Vice-President of the Board for such period as the Board may determine, so however that a Vice-President who ceases to be a member shall cease to be Vice-President. 5. (1) The Board may appoint one or more Committees to carry out, on behalf of the Board, such of its functions as the Board may determine. (2) A Committee appointed under this paragraph shall consist of such number of persons as may be determined by the Board, and not more than one third of those persons may be per- sons who are not members of the Board; and a person other than a member or the Board shall hold office on the Committee in accordance with the terms of his appointment. (3) A decision of a Committee of the Board other than the Cornrniuee mentioned in sec- tion II (4) of this Act shall be of no effect until it is confirmed by the Board. Miscellaneous 6. (1) The fixing of the seal or the Board shall be authenticated by the signature of the Presi- dent and to some other member authorised generally or specially by the Board to act for that purpose. (2) Any contract or instrument which, if made or executed by a person not being a body corporate, would not be required to be under seal may be made or executed on behalf of the Board by any person generally or specially authorised la act for that purpose by the Board. SECOND SCHEDULE [Section 12 (5).] Supplementary provisions relating to the Disciplinary Committee and Investigating Panel The Disciplinary Committee
The quorum of the tribunal shall be five.
(1) The Chief Justice of Nigeria shall make rules as to the procedure to be followed and the rules of evidence to be observed in proceedings before the Disciplinary Committee.
(2) The rules shall in particular provide- (a) for securing that notice of the proceedings shall be given, at such time and in such manner as may be specified by the rules, to the person who is the subject of the proceedings; (b) for determining who, in addition to the person aforesaid, shall be a party to the proceedings; (c) for securing that any party to the proceedings shall, if he so requires be entitled to be heard by the Disciplinary Committee; (d) for enabling any party to the proceedings to be represented by a legal practitio- ner; (e) subject to the provisions of this Act, as to the costs of proceedings before the Disciplinary Committee; (f) for requiring, in a case where it is alleged that the person who is the subject of the proceedings is guilty of infamous conduct in any professional respect, that where the Disciplinary Committee adjudges that the allegation has not been proved it shall record a finding that the person is not guilty of such conduct in respect of the matter to which the allegation relates; (g) for publishing in the Federal Gazette notice of any direction of the Disciplinary Committee which has taken effect providing that a person’s name shall be struck off a register. 3. For the purposes of any proceedings before the Disciplinary Committee, any member of the Disciplinary Committee may administer oaths and any party to the proceedings may issue out of the registry of the Supreme Court as the case may require, writs of subpoena testifican- dum and duces tecum- (a) to make any statement before the Disciplinary Committee tending to incrimi- nate himself; or (b) to provide any document under such a writ which he could not be compelled to produce at the trial of an action. Assessor 4. (1) For the purpose of advising the Disciplinary Committee on questions of law arising in proceedings before it, there shall in all such proceedings be an assessor to the Disciplinary Committee who shall be appointed by the Board on the nomination of the Attorney-General of the Federation and shall be a legal practitioner of not less than seven years standing. (2) The Chief Justice of Nigeria shall make rules as to the functions of assessors ap- pointed under this paragraph, and in particular such rules shall contain provisions for secur- ing- (a) that where an assessor advises the Disciplinary Committee on any question of law as to evidence, procedure or any other matter specified by the rules, he shall do so in the presence of every party or person representing a party to the proceedings who appears thereat or, if the advise is tendered while the Disci- plinary Committee is deliberating in private, that every such party or person as aforesaid shall be informed as to what advice the assessor has tendered; (b) that every such party or person as aforesaid shall be informed if in any case the Disciplinary Committee does not accept the advice of the assessor on such a question as aforesaid. (3) An assessor may be appointed under this paragraph either generally or specially for any particular proceedings or class of proceedings and shall hold and vacate office in accor- dance with the terms of the instrument by which he is appointed. The Panel 5. The quorum of the Panel shall be three. 6. (1) The Panel may, at any meeting of the Panel attended by not less than five members of the Panel, make standing orders with respect to the Panel. (2) Subject to the provision of any such standing orders, the Panel may regulate its own procedure. Miscellaneous 7. (1) A person ceasing to be a member of the Disciplinary Committee or the Panel shall be eligible for reappointment as a member of that body. (2) A person may, if otherwise eligible, be a member of both the Disciplinary Commit- tee and the Panel; but no person who acted as a member of the Panel with respect to any case shall act as a member of the Disciplinary Committee with respect to that case. 8. The Disciplinary Committee or the Panel may act notwithstanding any vacancy in its membership; and the proceedings of either body shall not be invalidated by any vacancy in the membership thereof or by any irregularity in the appointment of a member of that body. 9. The Disciplinary Committee and the Panel may each sit in two or more divisions. 10. Any document authorised or required by virtue of this Act to be served on the Discipli- nary Committee or the Panel shall be served on the registrar. 11. Any expenses of the Disciplinary Committee of the Panel shall be defrayed by the Board. 12. A person shall not, by reason only of his appointment as a legal assessor to the Discipli- nary Committee or as a member of the Panel, be treated as holding an office in the public service of the Federation or of any State thereof. SUBSIDIARY LEGISLATION List of Subsidiary Legislation 1. Quantity Surveyors (Disciplinary Cornrniuee) Rules. QUANTITY SURVEYORS (DISCIPLINARY COMMITTEE) RULES [S.I. 20 of 1992.] under paragraph 2, Second Schedule [21 st October, 1992] [Cornrnencernent.] Reference to the Committee
In any case where in pursuance of section 12 (3) of the Act the Panel is of the opinion that a prima facie case is shown against a practitioner, the Panel shall prepare a report of the case and formulate any appropriate charge or charges and forward them to the secre- tary together with all the documents considered by the Panel. 2. President to convene the Committee The secretary shall refer the report and the charges to the president of the Quantity Surveyors Registration Board of Nigeria who shall convene a meeting of the Committee, as set up in accordance with rule 3 of these Rules.
Composition of the Committee
(1) Whenever any case of professional misconduct against a quantity surveyor is re- ferred to the Committee by the Panel such a case shall be heard by the President of the Board and eight other members of the Board appointed by the Board, and shall include not less than four members of the Board holding office by virtue of paragraph (c) of sub- section (1) of section 2 of the Act, or where the number of those members is for the time being less than four, all those members. (2) The President of the Board or in his absence anyone appointed in that behaves’ shall be chairman of the Committee. (3) Five members of the Committee, including the chairman, shall form a quorum. (4) An assessor appointed by the Board on the nomination of the Attorney-General of the Federation in accordance with paragraph 4 of the Second Schedule to the Act shall sit with the Committee and it shall be the duty of such assessor to advise the Committee on questions of law arising in proceedings before it. (5) Except where the Committee is deliberating in private, the advice of an assessor on questions of law as to evidence, procedure and as to compliance with the Act shall be tendered in the presence or every party or his representative. (6) Where the advice of the assessor is tendered while the Committee is deliberating in private, the assessor personally shall, as soon as may be, inform each party or his rep- resentative in writing of the question which has been put to him by the Committee and of his advice ihereon. (7) Every party or his representative shall be informed whenever the advice tendered by the assessor has not been accepted.
Parties to the proceedings before the Committee
(1) The parties to the proceedings before the Committee shall be- (a) the chairman of the Panel; (b) the practitioner whose conduct is the subject matter or the proceedings; and (c) if the Committee so directs, the complainant, who may be represented by a legal practitioner. (2) The practitioner whose conduct is the subject matter of the proceedings may ap- pear either in person or be represented by a legal practitioner and the Committee may also employ the services of a legal practitioner to present the case before it.
Fixing of hearing day and service of notice, etc., thereof by the secretary
(1) On the direction of the chairman of the Committee the secretary shall fix a day for the hearing of the case and shall serve notice thereof on cach party to the proceedings. (2) The secretary shall serve on each party, other than the complainant, copies of the report and all the charges prepared by the Panel and all the documents considered by the Panel. Service of any document on the practitioner whose conduct is the subject matter of the proceedings may be affected either by handling the documents to him personally or by sending it by registered post to the address recorded in the register maintained under section 5 of the Act.
Hearing in absence of parties
(1) If any party fails to appear at the hearing, the Committee may upon proof of service on such party of the notice of hearing, proceed to hear and determine the case in his absence. (2) Any party to a proceeding before the Committee, who fails to appear at the hear- ing, may within one calendar month from the pronouncement of the findings and direc- tions of the Committee and upon giving notice to every other party and to the secretary, apply to the Committee for a rehearing. The Committee, if satisfied that it is just that the case should be re-heard, may grant the application on such terms and costs or otherwise as it thinks lit.
Hearing of witnesses and reception of documents
The Committee may in the course of its proceedings hear such witnesses and receive such documentary evidence as in its opinion may assist in arriving at a conclusion as to the truth or otherwise of the allegations of misconduct referred to it by the Panel.
Amendment of charges before the Committee
If in the course of the proceedings it appears to the Committee that the charges for- warded to it by the Panel require to be amended or added to, the Committee may permit such amendments or additions, as it shall think fit.
Holding of proceedings in public
The proceedings of the Committee shall be held, and its findings and direction shall be pronounced, in public. 10. Adjournment The Committee may, of its own motion, or upon the application of any party, adjourn the hearing on such terms as to costs or otherwise as the Committee may think fit. 11. Penalty for giving false evidence If any person wilfully gives false evidence on oath before the Committee during the course of any proceedings, or wilfully makes a false statement in any affidavit sworn for the purpose of any such proceedings the Committee may refer the matter to the Attorney- General of the Federation for necessary action. 12. Findings of not guilty If, after the hearing, the Committee adjudges that the allegations of infamous conduct in a professional respect have not been proved, the Committee shall record a finding that the practitioner is not guilty of such conduct in respect of the matter to which the allega- tion relates. 13. Costs The Committee may without finding any misconduct proved against a practitioner, nevertheless order any party to pay the costs of the proceedings if, having regard to his conduct and to all the circumstances of the case, the Committee shall think fit so to order. 14. Publications of directions of Committee Subject to the provisions of section 13 of the Act (relating to the lodging of appeal against the direction of the Committee) any direction given by the Cornrnittee in accor- dance with section 13 (1) of the Act shall be published in the Gazette as soon as such direction takes effect. 15. Record of proceedings (1) Shorthand notes of proceedings may be taken by a person appointed by the Committee and any party who appeared at the proceedings shall be entitled to inspect the transcript thereof. (2) The secretary shall supply to any person entitled to be heard upon an appeal against the direction of the Committee and to the Board, but to no other person, a copy of the transcript of such notes on payment of such charges as may be determined by the sec- retary. (3) If no shorthand notes be taken, the chairman of the Committee shall take a note of the proceedings and the provisions of these Rules as to inspection and taking of copies shall apply to such notes accordingly. 16. Dispensing with provisions The Committee may dispense with any requirement of these Rules respecting notices, affidavits, documents, service or time in any case where it appears to the Committee to be just to do so. 17. Extension of time The Committee may in any given case extend the time to do any thing under these Rules. 18. Exhibits and books The Committee may order that any books or other exhibits, produced or used at a hearing, be retained by the secretary until the time within which an appeal may be entered has expired, and if notice of appeal is given until the appeal is heard or otherwise dis- posed of. 19. lnterpretation In these Rules, unless the context otherwise requires- “Act” means the Quantity Surveyors (Registration, etc.) Act; [Cap. QI.] “complainant” means any person who makes allegation of professional misconduct against a quantity surveyor; “Panel” means the Quantity Surveyors Investigating Panel; “practitioner” means a person registered as a quantity surveyor; “secretary” means a person appointed to act as the Registrar of the Quantity Survey- ors Registration Board of Nigeria. 20. Citation These Rules may be cited as the Quantity Surveyors (Disciplinary Committee) Rules. SCHEDULE Notice of hearing by the Committee In the Matter of A.B., ………………………………………………………………………………………….. a quantity surveyor and In the matter of the Quantity Surveyors (Registration, etc.) Act. TAKE NOTICE that the report and charges prepared by the Quantity Surveyors Investigating Panel in the above matter are fixed for hearing by the Quantity Surveyors Disciplinary Committee at . ………………………………………………… on the……………………………. day of ……………… 20 ………………… .
………………………………………………………………….. Secretary to the Committee Source: Policy and Legal Advocacy Centre