QUANTITY SURVEYORS' REGISTRATION ACT: SUBSIDIARY LEGISLATION
INDEX TO SUBSIDIARY LEGISLATION
Quantity Surveyors’ Registration Regulations
QUANTITY SURVEYORS' REGISTRATION (APPOINTMENT OF MEMBERS OF THE QUANTITY SURVEYORS' REGISTRATION COUNCIL) REGULATIONS
(section 50 as read with section 5(3))
(20th June, 2014)
ARRANGEMENT OF REGULATIONS
REGULATION
1. Citation
2. Revocation of S.I. No. 59 of 2014
S.I. 59, 2014,
S.I. 78, 2014.
These Regulations may be cited as the Quantity Surveyors' Registration (Appointment of Members of the Quantity Surveyors' Registration Council) Regulations.
2. Revocation of S.I. No. 59 of 2014
The Quantity Surveyors' Registration (Appointment of Members of the Quantity Surveyors' Registration Council) Regulations, 2014 are hereby revoked.
QUANTITY SURVEYORS' REGISTRATION REGULATIONS
(section 50)
(19th October, 2018)
ARRANGEMENT OF REGULATIONS
REGULATION
PART I
Preliminary
1. Citation
2. Interpretation
PART II
Application for Registration
3. Application for registration
4. Registration
5. Certificate of registration
6. Renewal of certificate of registration
7. Temporary registration
8. Extension of temporary registration
9. Register
10. Fee for duplicate certificate of registration
11. Removal of name from Register
12. Restoration of name to Register
PART III
Practising Certificate
13. Application for practising certificate
14. Cancellation of practising certificate
15. Return of practising certificate
16. Renewal of practising certificate
17. Display of certificate of registration
PART IV
Inquiry Procedure
18. Code of Conduct and Ethics
19. Investigation of misconduct
20. Charge of misconduct
21. Referral to Disciplinary Committee
22. Inquiry procedure
23. Proceedings after hearing
24. Quantity surveyor's official rubber stamp
25. Exemption
Schedule 1
Schedule 2
Schedule 3
S.I. 170, 2018.
PART I
Preliminary
These Regulations may be cited as the Quantity Surveyors’ Registration Regulations.
In these Regulations, unless the context otherwise requires—
"candidate quantity surveyor" means a quantity surveyor in training and who can only work under a professional quantity surveyor;
"certificate of registration" means a certificate issued under regulation 5;
"practise of quantity surveying" means the rendering of or offering to render any service or work the performance of which requires education, training and experience in the field of quantity surveying and the application of knowledge in the mathematical, physical and applied sciences to such services or work;
"practising certificate" means a certificate issued under regulation 12;
"professional quantity surveyor" means a registered quantity surveyor who has relevant experience and, who in the opinion of the Council, is fit to do quantity surveying work independently and practice quantity surveying;
"quantity surveying" means the range of services in the construction industry including production of bills of quantities and tender documentation, financial viability analyses, risk assessment and analysis, trending of scope and cost changes, estimation of construction costs, costs planning, cost and cash-flow control, cost management, value management, provision of advice on procurement methods, interim evaluations, final account settlements, claims formulation and assessment, contractual advice, and replacement costs for insurance purposes;
"quantity surveying documents" includes bills of quantities, specifications, costs estimates, construction budget and other tender documents, tender evaluation reports, cash-flow schedules, valuation reports, payment certificates, progressive and final accounts and financial control reports; and
"quantity surveying work" means work related to quantity surveying.
PART II
Application for Registration
3. Application for registration
(1) A person who is resident in Botswana and is desirous to be registered in the quantity surveying profession shall apply to the Council to be registered as—
(a) professional quantity surveyor; or
(b) a candidate quantity surveyor.
(2) An applicant for registration under subregulation (1)(a) shall have—
(a) obtained a Bachelor’s degree in quantity surveying or equivalent from a recognised university or academic institution; and
(b) performed the work of a quantity surveyor under the direction and control of, and in the same office as a professional quantity surveyor, for a minimum period of five years; or
(c) proof that the quantity surveyor has, for a period of 10 years, performed quantity surveying work, which in the opinion of the Council, is of sufficient variety and of a satisfactory nature and standard for the purposes of registration as a professional quantity surveyor.
(3) An applicant for registration under subregulation (1)(b) shall have obtained a Bachelor’s degree in quantity surveying or equivalent from a recognised university or academic institution.
(4) An application for registration under subregulation (1)(a) shall be in Form 1 set out in Schedule 1 and shall be accompanied by a non-refundable application fee set out in Schedule 2.
(5) An application for registration under subregulation (1)(b) shall be in Form 2 set out in Schedule 1 and shall be accompanied by a non-refundable application fee set out in Schedule 2.
(1) The Council may, where it is satisfied that an applicant for registration meets the requirements of section 23, direct the Registrar to register the applicant upon payment of a registration fee set out in Schedule 2.
(2) Where the Council is not satisfied that an applicant meets the requirements of section 23, it shall reject the application and notify the applicant in writing, stating the reasons for the rejection.
5. Certificate of registration
(1) The Registrar shall issue a professional quantity surveyor or candidate quantity surveyor with a certificate of registration upon registration or restoration of name to the register.
(2) The certificate of registration as a—
(a) professional quantity surveyor shall be in Form 3 set out in Schedule 1; and
(b) candidate quantity surveyor shall be in Form 4 set out in Schedule 1.
(3) A certificate of registration issued under subregulation (2)(b) shall be valid for a period of 12 months.
6. Renewal of certificate of registration
(1) A candidate quantity surveyor may within 60 days before the expiry of his or her certificate of registration, make an application to the Council for the renewal of the practising certificate, in accordance with Form 5 set out in Schedule 1.
(2) An application for renewal of a certificate of registration under subregulation (1) shall be accompanied by a fee set out in Schedule 2.
(3) Where the Council renews the certificate of registration, the Registrar shall issue the candidate quantity surveyor a new certificate of registration as provided for under regulation 5(2)(b).
(4) An application for renewal made after the expiry of a certificate of registration shall be treated as a new application and shall be accompanied by a fee equivalent to a fee for application for renewal.
(1) A person who qualifies under section 25 of the Act and wishes to be temporarily registered as a professional quantity surveyor, may apply to the Council for temporary registration in accordance with Form 6 set out in Schedule 1.
(2) An application made under subregulation (1) shall be—
(a) accompanied by a non-refundable application fee set out in Schedule 2; and
(b) supported by a professional quantity surveyor.
(3) Where the Council is satisfied and has directed that the applicant be registered, the Registrar shall issue the applicant with a certificate of temporary registration in accordance with Form 7 set out in Schedule 1.
8. Extension of temporary registration
(1) A quantity surveyor issued with a certificate of temporary registration may apply to the Council, in writing, for an extension of temporary registration, for such period as may be stated in the application, where he or she believes that the work for which a certificate of temporary registration was issued, will not be completed in the time originally scheduled.
(2) An application for renewal of a certificate of temporary registration shall state—
(a) the original date of practical completion of the work;
(b) the reasons for the delay in completing the work;
(c) the revised date of practical completion of the work; and
(d) any other pertinent information.
(2) Where the Council approves an application for extension of temporary registration, it shall direct the Registrar to endorse the extension on the certificate of temporary registration for such approved period as may be necessary to enable proper completion and commissioning of the work.
(3) A person who fails to comply with the provisions of subregulation (1) shall be liable to an administrative fine not exceeding P2 000.
(1) The Registrar shall keep a register in accordance with Form 8 set out in Schedule 1.
(2) The register referred to under subregulation (1) shall, in respect of each professional quantity surveyor, contain—
(a) the date of entry of the professional quantity surveyor’s name;
(b) the name, postal and physical addresses, phone number and e-mail address of the professional quantity surveyor;
(c) the professional quantity surveyor’s academic qualifications;
(d) the professional quantity surveyor’s registration number;
(e) the type of registration;
(f) in the case of temporary registration, the duration of registration; and
(g) such any other particulars as the Council may from time to time direct.
(3) The register for registered professional quantity surveyors shall be open for inspection by any member of the public upon payment of inspection fee set out in Schedule 2.
10. Fee for duplicate certificate of registration
Where a quantity surveyor applies for a duplicate certificate of registration in accordance with section 26(4)(c), he or she shall pay a fee set out in Schedule 2.
11. Removal of name from Register
A quantity surveyor whose name is removed from the register in accordance with section 30, shall remain liable for any fee, arrears or administrative fines imposed by the Council during the period that he or she was registered.
12. Restoration of name to Register
A quantity surveyor who wishes to have his or her name restored to the register, in accordance with section 31 may apply to the Council in Form 9 set out in Schedule 1.
PART III
Practising Certificate
13. Application for practising certificate
(1) A professional quantity surveyor who intends to practise or manage the performance of the work of a quantity surveyor shall apply to the Council for a practising certificate authorising him or her to practise or manage the performance of work of a quantity surveyor.
(2) An application under subregulation (1) shall be in Form 10 set out in Schedule 1 and shall be accompanied by—
(a) the names of the applicant;
(b) the applicant’s principal address or any other addresses at which he or she intends to practise in Botswana.
(3) The Council may, where satisfied that the applicant meets the requirements under subregulation (2), direct the Registrar to issue a practising certificate to a professional quantity surveyor, in Form 11 set out in Schedule 1.
(1) A practising certificate issued in accordance with subregulation (3), shall specify the address of the principal place of practise and all other places of practise of the professional quantity surveyor to whom the practising certificate is issued.
(5) A practising certificate issued under subregulation (1) shall be valid for a period of 12 months.
14. Cancellation of practising certificate
(1) A practising certificate issued to a professional quantity surveyor whose name has been removed from the register in terms of section 30 shall be deemed to have been cancelled on the date of the removal and the Registrar shall enter that date or such cancellation on the register.
(2) A professional quantity surveyor whose practising certificate has been cancelled under this regulation may, within 30 days after being notified of such cancellation, appeal to the Appeals Committee.
15. Return of practising certificate
A professional quantity surveyor whose practising certificate has expired in terms of regulation 13(5) or has been cancelled in terms of regulation 14 shall return by registered mail to the Registrar his or her practising certificate within 30 days of the date upon which he or she is directed in writing by the Registrar to do so.
16. Renewal of practising certificate
(1) A professional quantity surveyor may within 60 days before the expiry of his or her practising certificate, make an application to the Council for the renewal of the practising certificate, in accordance with Form 12 set out in Schedule 1.
(2) An application for renewal of a practising certificate under subregulation (1) shall be accompanied by a fee set out in Schedule 2.
(3) Where the Council renews the practising certificate, the Registrar shall issue the professional quantity surveyor a new practising certificate as provided for under regulation 13(3).
(4) An application for renewal made after the expiry of a practising certificate shall be treated as a new application and shall be accompanied by a fee equivalent to a fee for application for renewal.
17. Display of certificate of registration and practising certificate
A professional quantity surveyor shall exhibit, and keep exhibited, in a prominent place on the business premises, the certificate of registration and practising certificate.
PART IV
Inquiry Procedure
18. Code of Conduct and Ethics
(1) A quantity surveyor shall, in performing his or her work of a quantity surveyor be bound by a Code of Conduct and Ethics as may be determined by the Council and approved by the Minister.
(2) A quantity surveyor who fails to comply with the Code of Conduct and Ethics commits a disciplinary offence termed "misconduct".
19. Investigation of misconduct
(1) The Council shall appoint three persons from among its members to the Investigating Committee to which the Council shall refer any matter referred to in sections 28(2), 36, 39, or 40.
(2) Upon referral of a matter in terms of subregulation (1), the Investigating Committee shall—
(a) investigate the matter referred to it; and
(b) obtain evidence to determine whether in its opinion the quantity surveyor concerned may be charged and, if so, recommend to the Council the charge or charges that may be preferred against such quantity surveyor.
(3) The Investigating Committee shall not question the quantity surveyor concerned unless the Investigating Committee informs him or her that—
(a) he or she has the right to be assisted or represented by a legal representative or other person; and
(b) he or she is not obliged to make any statement and should he or she make any statement such statement may be used in evidence against such quantity surveyor.
(4) The Investigating Committee shall, after the conclusion of an investigation, submit a report making its recommendations to the Council regarding any matter referred to it in terms of this regulation.
(1) The Council shall, after considering a report of the Investigating Committee, cause to be sent to the quantity surveyor against whom an allegation of misconduct is made, a notice in accordance with section 36(2), if the Council is satisfied that there are sufficient grounds for a charge to be preferred against such quantity surveyor.
(2) A notice referred to in subregulation (1) shall inform the quantity surveyor charged—
(a) of the details and nature of the allegation;
(b) that he or she shall in writing, admit or deny the allegation;
(c) that he or she may, together with the admission or denial submit a written explanation regarding the misconduct with which he or she is charged; and
(d) of the period, which shall not be less than 21 days, within which his or her admission or denial under paragraph (b) shall be submitted to the Council.
(3) If a quantity surveyor against whom an allegation is made in terms of subregulation (2) admits the allegation, such admission shall be considered to be an unequivocal plea of guilty to misconduct as charged:
Provided that he or she shall first be given an opportunity to explain his or her conduct.
21. Referral to Disciplinary Committee
The Council shall appoint a Disciplinary Committee to which it shall refer for a hearing any allegation of misconduct if a quantity surveyor against whom an allegation is made—
(a) denies the allegation; or
(b) fails to comply with regulation 21(2)(b).
(1) The Council may, for purposes of an inquiry, summon any person—
(a) who in its opinion may be able to give material information concerning the subject matter of the hearing; or
(b) who it believes has in his or her possession or custody or under his or her control any book, document or object which has a bearing on the subject matter of the hearing,
to appear before the Disciplinary Committee to be questioned or to produce such book, document or object.
(2) A summons issued in terms of subregulation (1) shall be—
(a) as set out in Schedule 3; and
(b) served on the person concerned personally or by a registered letter.
(3) The Disciplinary Committee may retain any book, document or object produced in terms of subregulation (1) for the duration of the hearing.
(4) The chairperson of the Disciplinary Committee shall call upon and administer an oath to, or take an affirmation from a witness at the hearing who was summoned in terms of subregulation (1).
(5) At a hearing the quantity surveyor against whom an allegation is made—
(a) may personally be present;
(b) may be assisted or represented by a legal representative;
(c) shall have the right to be heard;
(d) may call witnesses;
(e) may cross-examine any person called as a witness in support of the allegation;
(f) shall have access to any book, document or object produced in evidence;
(g) may admit the allegation at any time before the Council makes its determination; and
(h) shall, in the case where he or she makes an admission in terms of paragraph (g), be deemed to be guilty of the alleged conduct.
(6) A record of evidence which has a bearing on the charge before the Disciplinary Committee, and which was presented before any commission which investigated an event or conduct shall be admissible without further evidence being led if—
(a) the record is accompanied by a certificate from the chairperson of such commission; and
(b) the certificate certifies that the investigation was lawful, reasonable and procedurally fair.
(7) If the conduct with which the quantity surveyor is charged amounts to an offence of which he or she has been convicted by a court, a certified copy of the court order shall be sufficient proof of the commission by the quantity surveyor of the alleged misconduct charged, unless the conviction has been set aside on appeal.
(1) The Disciplinary Committee shall within 30 days after the conclusion of a hearing—
(a) make a determination on whether a quantity surveyor is guilty of misconduct;
(b) where a quantity surveyor is found guilty of misconduct, take cognisance of any aggravating or mitigating circumstances;
(c) inform the quantity surveyor of its finding; and
(d) inform the quantity surveyor of his or her right to appeal.
(2) A quantity surveyor who is found guilty of misconduct under these Regulations may—
(a) address the Disciplinary Council in mitigation; or
(b) call witnesses to give evidence on his or her behalf in mitigation.
(3) Where in its determination the Disciplinary Committee finds a quantity surveyor guilty of any allegation made against him or her, the Disciplinary Committee may impose any of the sanctions set out under the Act.
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