IES - Preparation Course Practice of Professional Engineering Examination Part 1 Professional Conduct and Ethics Exam Format * 10 compulsory multiple choices questions (25%) * 3 out of 5 essay questions (75%) j pesry nt * 2 hrs 10 mins (130 mins) Se Time allocation !, Bs SS Exam Format * 10 compulsory multiple choices questions (25%) -- 30 mins * 3 out of 5 essay questions (75%) -- 90 mins * 2 hrs 10 mins (130 mins) Time allocation ! Syllabus Professional Engineer Act Professional Engineers ( Code of Professional Conduct an Ethics) Rules * Past Disciplinary Actions * Hypothetical Cases involving the Clients, the employers, fellow professionals and the publicProfessional Engineer Act beh me * http://www.peb.gov.sg/Htm|/PROFESSIONAL %20ENGINEERS%20ACT.htm * Clause 10 > illegal Practice * Clause 20 Licence for multi-discipline and corporate practice. * Clause 26 Professional responsibility of supervising engineers Professional Engineer Act i>) Illegal practice. 10. —(1) Subject to the provisions of this Act, no person shalll engage in any of the prescribed branches of professional engineering work in Singapore or draw or prepare any plan, sketch, drawing, design, specification or other document relating to any of the prescribed branches of professional engineering work in Singapore unless the person — + (a) is a registered professional engineer who has in force a practising certificate authorising him to engage in that branch of professional engineering work; + (b) is under the direction or supervision of a registered professional engineer who has in force a practising certificate authorising the professional engineer to engage in that branch of professional engineering work; or + (cis authorised by the Board to work in collaboration (but without a right, to any independent practice) with a registered professional engineer who has in force a practising certificate authorising the registered professional engineer to engage in that branch of professional engineering work.Professional Engineer Act EXEMPT CLASSES OF PERSONS. * 1. Certificated officers under the Merchant Shipping Act. (Cap. 179 * 2. Holders of any certificate of competency issued under regulations made under the Workplace Safety and Health Act 2006 for the purpose of taking charge of or operating steam boilers or internal combustion engines. 3. Electrical workers licensed under the Electricity Act (Cap. 89A). 4. Fire safety engineers registered under the Fire Safety Act (Cap. 109A). Professional Engineer Act Professional responsibility of supervising engineers. 26. A registered professional engineer who has the control and management of the business of a licensed corporation or limited liability partnership relating to the supply of professional engineering services in Singapore shall be subject to the same standards of professional conduct in respect of the business as if the professional engineering services were PERSONALLY supplied by the registered professional engineer.PROFESSIONAL CONDUCT AND ETHICS) RULES PROFESSIONAL ENGINEERS (CODE OF http://www.peb.gov.sg/Html/pe_cod * Clause 11. PROFESSIONAL ENGINEERS (CODE OF PROFESSIONAL CONDUCT AND ETHICS) RULES 11. —(1) A professional engineer who is engaged in the construction or in the design and construction of engineering work or in the manufacture or in the design and manufacture of articles of commerce, whether on his own account or as a technical adviser or employee or a partner or director of a firm or company so engaged, shall not prepare or submit to a client or customer or prospective client or prospective customer a design for engineering works or articles unless accompanied by an offer on behalf of himself or his firm or company to construct the work or supply the articles, and a proviso that if the design of the professional engineer, the corporation of which he is a director or partnership of which he is a member is accepted, he or the corporation or partnership shall be given the contract for the work or supply of the articles, with such variation (if any) as to design and with such arrangements as to remuneration as may be mutually agreed.CODE OF PROFESSIONAL CONDUCT AND ETHICS + (2) A professional engineer shall not prepare or submit or offer to prepare or submit a design without informing the client or customer or prospective client or prospective customer as to the nature of his connection with the construction or manufacture of the work or articles in question. + (3) Except at the request of the client or customer, a professional engineer shall not offer, directly or indirectly, on behalf of himself or his firm or company, to design, or to design and construct, any engineering work, the design of which to his knowledge has already been entrusted to another professional engineer, who is acting as a consultant, unless with the approval of such professional engineer. Section A - Answer 10 Compulsory Multiple Choice Questions (Total : 25 marks) 1 / Under what circumstances shall a professional engineer advise the client to engage the services of experts and 5 lists? fa) The professional engineer shall give the advice when in his ‘opinion and judgment such services are in the interest of his client. (b) The professional engineer shall give the advice when he feels such services will pass the responsibility to others. The professional engineer shall give the advice when he can indirectly benefit from the appointment of experts and specialists. (d) The professional engineer shall give the advice when he considers that in doing so the cost input of his company will be reduced. (c2/ A professional engineer may publicize his practice. However, in doing so, the professional engineer shall ensure that the publicity a) contains information that is related to all the projects undertaken by him or his company but without the consent of the clients. b) contains only information beneficial to his business even though it is likely to diminish public confidence in the engineering io profession or to otherwise bring the profession into disrepute. (9) contains only justifiable claims to expertise or specialization; makes no reference to past project information which constitutes a breach of confidentiality to the client; and does not compare or criticize the quality of services provided by any other professional engineer or allied professional. d) contains information with material facts even if it may create an unjustified expectation about the results that can be achieved by him. 3/. Engineer A provides design, plans and specifications for a commercial building to Developer P who submits them to the authority for approval but fails to pay Engineer A for the work performed. Thereafter, Developer P asks Engineer B to review, endorse and resubmit the plans to the authority for approval. Shall Engineer B agree to undertake the project? @ ingineer B shall not agree to undertake the project as he has an ethical obligation to recognize and give credit to the creative works of other engineers. (b)Engineer B shall agree to undertake the project as long as Engineer A does not complain. (c) Engineer B shall agree to undertake the project as Engineer A does not know. (d) Engineer B shall agree to undertake the project as he is employed by the Developer.Case Study - Disciplinary Action * Change of QP During construction stage of a small development (2 pairs of semi-detached houses). The developer requested the PE - A to resign from the project due to conflicts with the contractor. The PE advised the Client that there may be delay in the project. Client insisted. Client also declined to give any information of the taking over PE —B to PE—A. After all drawing and the calculations were handed over to the developer. The developer refused to pay the outstanding payment to the PE - A (Consultants). The PE -A made a claim at the small claim court. The Developer made a complaint to PE Board. Seth, f Powe at baie Ange nest ty Case Study - Disciplinary Action The developer complained that the PE resigns from the project and cause delay to project. Therefore incurred loses to him. He complained the PE being unethical and refused to pay. lf you are the PE in this case, how will you explain your case to PE Board of enquiry.Case study - Disciplinary Action 1. Can a PE resign from a project while the project is under construction ? 1-5 2. is it unethical for a PE resigned from a Project while the project is in construction? “N° 3. Can a PE take over the design from another PE who carry out the design in full ? Explain (your view point with justification. Eogineey Be pee om bd He shal Re eles Ute fen ergntty © S py b edt Od tet RS alge pew oe check Case Study — Professional Ethic * A Consultant firm P is invited to provide multi- disciplinary engineering services to Contractor-A for a design and build tender. The Contractor requests for exclusive service from the Consultant firm. However, after checking with the M&E section of the company , he knew that the M&E section already took part with Contractor-B team for the same tender. * Can the Consultant Firm P accept this invitation and take part in the tender? If yes, how and what shall he do to ensure the work will be done ethically? Yay, SE wolty neg er clash ba vse Sed pety a Keke tren Bo piled poy, adhet tos eee Cons dent ayy ~, ehoConduct of Professional Engineer PE reviewing and commenting on another PE design Des If you are engaged by Owner or contractor or authority to do so, such as * Accredited Checker, value engineering, dispute resolution etc. How to conduct > * Review shall be made known to the design PE * Be specific on the item to be reviewed and focus on purpose of the review, comment only on relevant matter Conduct of Professional Engineer PE reviewing and commenting on another PE design * No > if you are not a party of the project !! * No > if the it is not make known to Design PEResponsibilities & Rights Professional engineer is responsible to :- * Employer / client (Commercial obligation) * Authorities (Legal obligation) * Public (interests and safety) Rights:- * work outside the expertise of an PE > refuse * Work not comply to authority requirement refuse * Work endanger public safety > refuse COMMON MISTAKES & WEAKNESS * POOR ESSAY WRITING — Practice — complete sentences, paragraphs, punctuations... * POOR TIME MANAGEMENT —10MCQ , 30 minutes (25%) —3 essay questions 3 x 30 minutes (3 x 25%) — Total 120 minutes — 10 minutes checking — 130 minutes to completeFeedback * For the essay questions, it is observed that the candidates’ command of English was relatively poor and they did not perform well in answering essay questions. This could be due to poor preparation for the examination and poor time management by dwelling too long on one question. Feedback from PEB Many candidates gave very short answers and one possibility was that they could be short of time Some candidates appeared to be unfamiliar with the Code of Professional Conduct and Ethics Rules and spend too much time flipping over pages in search of the relevant clauses for answer. * Most could not express their opinion clearly in questions relating to an engineer’s professional responsibilities and his or her rights.How to Express / Write? * Command of English ! * Contents, key points * Compose sentences, and short paragraph * Orderly manner in presenting the case. Practice and Practice No EXCUSE Section B - Answer 3 Out Of 5 Essay Questions * Question 1 * Engineer A, on behalf of the engineering firm of which he is a principal, submitted a statement of qualifications to a developer for a mega project. In due course he was notified that his firm was on the “short list" for consideration along with several other firms, but it was indicated to him that his firm did not appear to have qualifications in some specialized aspects of the requirements, and that it might be advisable for the firm to consider a joint venture with another firm with such capabilities.Section B - Answer 3 Out Of 5 Essay Questions * Engineer A thereupon contacted Engineer B, a principal of a firm with the background required for the specialized requirements, and inquired if Engineer B’s firm would be interested in a joint venture if Engineer A was awarded the job. Engineer B’s firm responded in the affirmative. Thereafter, Engineer C, a principal in a firm which was also on the "short list," contacted Engineer B and indicated the same requirement for a joint venture for specialized services, and also asked if B’s firm would be willing to engage in a joint venture if the C’s firm was selected for the assignment. * Engineer B also responded in the affirmative to Engineer C but did _not_notify Engineer A of his response to Engineer C. Section B - Answer 3 Out of 5 Essay Questions Is it ethical for Engineer B to agree to participate in a joint venture arrangement with more than one of the several since he did not make a full disclosure to all of the firms? Following shall be considering in this case:- a) The submission requires only statement of qualification, no design element; b) Non exclusive joint venture for specialist work is common, especial when only limited party can offer that expertise; c) There is no unfair treatment to either parties !!Section B - Answer 3 Out of 5 Essay Questions ANSWER It is not unethical for Engineer B to agree to participate with more than one parties in this case the reasons are:- 1. Considering this tender is based on professional qualification and no tender design is required; Engineer B who is a specialist in the respective field. There is no design input during tender, therefore the input for different Engineer firms are the same, there is no unfair treatment to fellow Engineers. 2. Unless one of the Engineer firms request for exclusive service, this is not uncommon for Specialist to support more than one firms during tender. This is also market driven due to shortage of Engineer in certain Specializes field. Section B - Answer 3 Out Of 5 Essay Questions * Discuss the issues and comment on Engineer B‘s conduct with reference to relevant sections of the Professional Conduct and Ethics rules where applicable. Pe bat) Pofiagtmedl Godat wat een 0 G&G peg ftd PES oe net rota wfidyEXTRACT OF PROFESSIONAL ENGINEER ACT Illegal practice 10. —(1) Subject to the provisions of this Act, no person shall engage in any of the prescribed branches of professional engineering work in Singapore or draw or prepare any plan, sketch, drawing, design, specification or other document relating to any of the prescribed branches of professional engineering work in Singapore unless the person — (a) is a registered professional engineer who has in force a practising certificate authorising him to engage in that branch of professional engineering work; (b) is under the direction or supervision of a registered professional engineer who has in force a practising certificate authorising the professional engineer to engage in that branch of professional engineering work; or (©) is authorised by the Board to work in collaboration (but without a right to any independent practice) with a registered professional engineer who has in force a practising certificate authorising the registered professional engineer to engage in that branch of professional engineering work. (1A) The Board may grant its authorisation to any person under subsection (1) (c) subject to such conditions as the Board thinks fit to impose. (2) Subject to the provisions of this Act, no person shall sign and submit to a building authority or to a public authority (as defined in section 3 (2)) (a) any plan, sketch, drawing, design, specification or other document relating to any professional engineering work in Singapore; or 1of12|Page 12 January, 2018(b) any report on or a certificate or other document relating to any professional engineering work in Singapore which is required by any written law to be signed by a professional engineer, unless the person is a registered professional engineer who has in force a practising certificate authorising him to engage in such profession engineering work; and any document that is signed in contravention of this subsection shall be invalid. (3) Subject to the provisions of this Act, no person shall use verbally or otherwise — (a) the words “professional engineer” or any additions to or abbreviation or derivative of those words in connection with his designation; (b) the word “engineer” or the abbreviation “Er.” or “Engr.” as a title before his name; or (c) any word, name or designation that will lead to the belief that the person is a registered professional engineer, unless the person is a registered professional engineer. (3A) Where the Board has authorised any person under subsection (1) (¢) to work in collaboration with a registered professional engineer, the Board may allow that person to use such addition to or derivative of the words “professional engineer” as may be approved by the Board. (4) Subject to the provisions of this Act, no person shall advertise or hold himself out or conduct himself in any way or by any means 2 a person who is authorised to supply professional engineering services in Singapore, unless the person is a registered professional engineer who has in force a practising certificate, a licensed corporation, a licensed partnership, a 2ofiZ|Page 12 January, 2018licensed limited liability partnership or a partnership consisting wholly of registered professional engineers: Provided that nothing in this subsection shall apply to prevent a corporation or limited liability partnership that ceases to have in force a licence from carrying on any activity necessary to the winding up of the corporation or limited liability partnership (5) Subject to the provisions of this Act, no person shall supply or offer to supply professional engineering services in Singapore unless the person is — (a) a registered professional engineer who has in force a practising certificate authorising him to engage in professional engineering work to which those services relate and is doing so on his own account or as a partner in a licensed partnership, licensed limited liability partnership or partnership consisting wholly of registered professional engineers; (b) an allied professional and is doing so only by reason of being a partner ina licensed partnership or limited liability partnership; or (c)a licensed corporation or limited liability partnership. (SA) Notwithstanding subsection (5), a builder may supply or offer to supply professional engineering services in Singapore in connection with any building works which he undertakes to carry out if the professional engineering services are provided by a person referred to in subsection (5) (a), (b) or (c). (6) Any person who contravenes subsection (1), (2), (3), (4) or (5) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 and, in the case of a second or subsequent offence, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both. 3of12| Page 12 January, 2018(7) Nothing in this section shall be construed to permit or authorise any licensed corporation, partnership or limited liability partnership to supply any professional engineering services which it is not licensed to supply. (8) In this section, “prescribed branches of professional engineering work” means — (a) civil engineering; (b) electrical engineering; (c) mechanical engineering; and (d) such other branches of engineering as may be prescribed. Employment of unregistered professional engineer prohibited. 11. —(1) Subject to the provisions of this Act, no person shall employ as a professional engineer any person who is not a registered professional engineer. (2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 and, in the case of a second or subsequent offence, to a fine not exceeding $5,000. nal engineering services. Remuneration for profes: 12. Subject to the provisions of this Act, no person shall be entitled to recover in any court any charge, fee or remuneration for any professional engineering services rendered in Singapore unless the person rendering such services is authorised by this Act to supply those services. Minor building works. 13. Nothing in this Act shall be construed to prohibit or prevent any person not registered under this Act from carrying out work in respect of the construction 4of12| Page 12 January, 2018of or repairs to any building or part thereof in any case in which plans are not required by any written law to be submitted to a building authority or to a public authority (as defined in section 3(2)). Relationship with architects, ete. 14, —(1) Nothing in this Part shall apply to prevent — (a) an architect who has in force a practising certificate issued under the Architects Act or any person under the direction or supervision of such an architect; or (b) a corporation, partnership or limited liability partnership which is licensed under that Act to supply architectural services in Singapore, from carrying on any activity within the practice of architecture which he or it is authorised to carry out under that Act where to do so does not constitute a substantial part of services within the practice of professional engineering. (2) Nothing in this Act shall be construed to prohibit or prevent any person not registered under this Act and who is a member of any class of persons specified in the Schedule from carrying on any activity which he is authorised to carry out under any written law. (3) The Minister may, by notification in the Gazette, amend the Schedule; and every such notification shall be presented to Parliament as soon as possible after publication in the Gazette. Licence for multi-discipline and corporate practice. 20. —(1) Subject to the provisions of this Act, the Board may grant a licence to any limited corporation to supply any professional engineering services in Singapore if Sofi2|Page 12 January, 2018(a) the memorandum of association of the corporation provides that a primary object of the corporation is to supply such professional engineering services; (b) the paid-up capital of the corporation is not less than the amount prescribed by the Minister by notification in the Gazette; (c) the articles of association of the corporation provide that at least a prescribed number or proportion of its directors shall be registered professional engineers or allied professionals who each has in force a practising certificate; (d) Deleted by Act 4/95, wef 01/04/1995. (c) the business of the corporation, so far as it relates to such professional engineering work in Singapore, will be under the control and management of a director of the corporation who — (i) is a registered professional engineer who has in force a practising certificate; and (ii) is authorised under a resolution of the board of directors of the corporation to make all final engineering decisions on behalf of the corporation with respect to the requirements of this Act, the rules or any other law relating to the supply of professional engineering services by the corporation; and. (iii) Deleted by Act 4/95, wef 01/04/1995. (f) the corporation is insured against professional liability in accordance with section 24 and the rules. (2) Subject to the provisions of this Act, the Board may grant a licence to any unlimited corporation to supply any professional engineering services in Singapore if — Gof 12] Page 12 January, 2018(a) the memorandum of association of the corporation provides that a primary object of the corporation is to supply such professional engineering services; (b) the articles of association of the corporation provide that — (i) at least a prescribed number or proportion of its directors shall be registered professional engineers or allied professionals who each has in force a practising certificate; and no person shall be registered as a member of that corporation unless he is a director, a manager or an employee of the corporation; and (c) the business of the corporation, so far as it relates to professional engineering work, will be under the control and management of a director of the corporation who — (i) is a registered professional engineer who has in force a practising certificate; (ii) is a member, or a registered owner of at least one share, of the corporation; and (iii) is authorised under a resolution of the board of directors of the corporation to make all final engineering decisions on behalf of the corporation with respect to the requirements of this Act, the rules or any other law relating to the supply of professional engineering services by the corporation. (3) Subject to the provisions of this Act, the Board may grant to any partnership not consisting wholly of registered professional engineers a licence to supply any professional engineering services in Singapore if - (a) the partnership is one in which only 7ofi2|Page 12 January, 2018(i) registered professional engineers who each has in force a practising certificate authorising him to engage in professional engineering work to which those services relate; and (ii) allied professionals who each has in force a practicing certificate, have a beneficial interest in the capital assets and profits of the partnership; and (b) the business of the partnership, so far as it relates to professional engineering work in Singapore, will be under the control and management of a partner who — (i) is a registered professional engineer; and (ii) has in force a practising certificate authorising the partner to engage in such professional engineering work. (4) Subject to the provisions of this Act, the Board may grant a licence to any limited liability partnership to supply professional engineering services in Singapore if — (a) the statement lodged by the partners of the limited liability partnership with the Registrar of Limited Liability Partnerships under section 15 (1) of the Limited Liability Partnerships Act 2005 (Act 5 of 2005) provides that a primary nature of the business of the limited liability partnership is to supply professional engineering services; (b) the partners in the limited liability partnership consist only of persons who satisfy such requirements as the Board may, with the approval of the Minister, prescribe; (c) at least one of the partners of the limited liability partnership is a registered professional engineer who has in force a practising certificate; (d) the business of the limited liability partnership, so far as it relates to professional engineering work in Singapore, will be under the control and management of a partner who — Bof12|Page 12 January, 2018(i) is a registered professional engineer who has in force a practising certificate; and (ii) is authorised under a resolution of the partners of the limited liability partnership to make all final engineering decisions on behalf of the limited liability partnership with respect to the requirements of this Act, the rules or any other law relating to the supply of professional engineering services by the limited liability partnership; and (e) the limited liability partnership is insured against professional liability in accordance with section 24 and the rules. (5) Any application for a licence under this section shall be in such form and shall be made in such manner as may be prescribed. (6) The Board may refuse to grant a licence under this section to any corporation (whether unlimited or not), partnership or limited liability partnership if, in the opinion of the Board, the past conduct of any director, manager or employee of the corporation or any partner, manager or employee of the partnership or limited liability partnership affords reasonable grounds for believing that the corporation, partnership or limited liability partnership, as the case may be, will not supply professional engineering services in accordance with any written law and with honesty and integrity. (7) Every licence granted under this section shall, unless earlier revoked, be valid for such period as may be specified therein. (8) Any person whose application for a licence has been refused by the Board may, within 30 days after being notified of such refusal, appeal to the Minister whose decision shall be final. 9of12|Page 12 January, 2018(9) In subsections (1) and (2), “prescribed number or proportion of directors” means — (a) a majority of the directors, where no number or proportion is specified under paragraph (6); or (b) where a number or proportion is specified by the Minister for the purposes of subsections (1) and (2) by notification in the Gazette, such number or proportion of directors as may for the time being be so specified... Professional responsibility of supervising engineers 26. A registered professional engineer who has the control and management of the business of a licensed corporation or limited liability partnership relating to the supply of professional engineering services in Singapore shall be subject to the same standards of professional conduct in respect of the business as if the professional engineering services were personally supplied by the registered professional engineer. 100f12| Page 12 January, 2018EXTRAXCT OF PROFESSIONAL ENGINEERS (CODE OF PROFESSIONAL CONDUCT AND ETHICS) RULES 11. —(1) A professional engineer who is engaged in the construction or in the design and construction of engineering work or in the manufacture or in the design and manufacture of articles of commerce, whether on his own account or as a technical adviser or employee or a partner or director of a firm or company so engaged, shall not prepare or submit to a client or customer or prospective client or prospective customer a design for engineering works or articles unless accompanied by an offer on behalf of himself or his firm or company to construct the work or supply the articles, and a proviso that if the design of the professional engineer, the corporation of which he is a director or partnership of which he is a member is accepted, he or the corporation or partnership shall be given the contract for the work or supply of the articles, with such variation (if any) as to design and with such arrangements as to remuneration as may be mutually agreed. 110f12| Page 12 January, 201811. —(1) A professional engineer who is engaged in the design and construction of engineering work, as a director of a company so engaged, shall not submit to a client a design for engineering works unless accompanied by an offer on behalf of company to construct the work, and a proviso that if the design (of the professional engineer, the corporation of which he is a director) is accepted, (he or) the corporation shall be given the contract for the work, (with such variation as to design and) with such arrangements as to remuneration as may be mutually agreed. 120f12| Page 12 January, 2018: Uy THE STATUTES OF THE REPUBLIC OF SINGAPORE PROFESSIONAL ENGINEERS ACT (CHAPTER 253) (Original Enactment: Act 23 of 1991) REVISED EDITION 1992 (9th March 1992) Prepared andl Published by ‘THE LAW REVISION COMMISSION UNDER THE AUTHORITY OF ‘THE REVISED EDITION OF THE LAWS ACT (CHAPTER 275) Informal Consolidation — version in force from 16/7/2018Section 10, 10A. ul 12. 13 14, 1992 Ed. CHAPTER 253 Professional Engineers Act ARRANGEMENT OF SECTIONS PART I PRELIMINARY Short title Interpretation Act not to apply to Government, ete. PART I PROFESSIONAL ENGINEERS BOARD Establishment of Professional Engineers Board Compulsory voting President of Board Disqualifications for membership of Board Filling of vacancies Meetings and quorum of Board Common seal of Board Funetions of Board Committees Registers Appointment and duties of Registrar PART Ill PRIVILEGES OF PROFESSIONAL ENGINEERS legal practice Recognition to carry out professional engineering work outside Singapore Employment of unregistered professional engincer prohibited Remuneration for professional engineering services Minor building works Relationship with architects, ete. Informal Consolidation ~ version in force from 16/7/20181992 Ed. Section 15. ISA, 16. 17. 1A. 178. ITC. 18, 19, 20, 2 22. 23. 24. 2s. 26. 26A. 26B. 27. 28. 29. 30, 31 BIA, Professional Engineers Car, 253 PART IV REGISTRATION OF PROFESSIONAL ENGINEERS Qualifications for registration as professional engineers Registration of specialist professional engineers Application for registration Certificates of registration Amendment of register of professional engineers Removal of name and particulars from register of professional engineers Reinstatement of registration PART V PRACTISING CERTIFICATES Practising certificates Cancellation of practising certificates PART VI MULTI-DISCIPLINE AND CORPORATE PRACTICE Licence for multi-d Conditions of licence to practise Change in composition of board of directors, members, etc. Application of Companies Act Liability insurance Relationship between client and licensed corporation or limited liability partnership Professional responsibility of supervising engineers Revocation of licence Appeal against order of Board line and corporate practice PART VII DISCIPLINARY PROCEEDINGS Appointment of Investigation Panel Complaints against registered professional engineers Review of complaints Appointment of Investigation Committee Powers and procedure of Investigation Committee Findings of Investigation Committee Informal Consolidation — version in force from 16/7/2018 23 Car, 253 Professional Engineers 1992 Ed. Section 31B. Decision of Board 31C. Appointment of Disciplinary Committee 31D. Observer 31E. Professional engineer to be notified of inquiry 31F. Powers and procedure of Disciplinary Committee 31G. Findings of Disciplinary Committee 31H. Appeal against order by Disciplinary Committee 311. Conviction final and conclusive 31J. Service of documents PART VII GENERAL 31K. Investigators 32. Application of fees, ete., received by Board 33. Financial penalties payable into Consolidated Fund 33A. Public servants 34. Penalty for wilful falsification of register and for wrongfully procuring registration, etc. 35. Offences by corporations 35A. Offences by unincorporated associations or partnerships 36. Rules 37. Exemption 38. No action in absence of bad faith or malice PART IX 39. 0.45. [Repealed] The Schedule — Exempt classes of persons An Act to establish the Professional Engineers Board, to provide for the registration of professional engineers, to regulate the qualifications and conduct of persons that carry out professional engineering work, and to regulate corporations, partnerships, limited liability partnerships and limited partnerships which supply professional engineering services in Singapore. [Act 36 of 2017 wef 15/01/2018) [30th August 1991] Informal Consolidation ~ version in force from 16/7/20181992 Ba Professional Engineers Cap. 25304 PART I PRELIMINARY Short title 1. This Act may be cited as the Professional Engineers Act. Interpretation 2. In this Act, unless the context otherwise requires — “allied professional” means — (a) an architect who is registered under the Architects Act [Cap. 12]; or (b) a land surveyor who is registered under the Land Surveyors Act [Cap. 156]; “Board” means the Professional Engineers Board established under section 4; “builder”, “building” and “building works” have the same meanings as in the Building Control Act (Cap. 29); “building authority” means any person empowered under the provisions of the Building Control Act to approve plans of building works; “certificate of registration” means the certificate of registration issued under section 17; “Disciplinary Commitice” means a Disciplinary Committee appointed under section 31C; “foreign engineer” means any person who is authorised to carry out professional engineering work in a country or territory outside Singapore under the law of that country or territory; [Aet 36 of 2017 wef 15/01/2018] “Investigation Committee” means an Investigation Committee appointed under section 30; “Investigation Panel” means the Investigation Panel appointed under section 27; Informal Consolidation — version in force from 16/7/2018Car. 253 Professional Engineers 1992 Ea “licence” means a licence to supply professional engineering services granted under section 20; “licensed”, in relation to a corporation, partnership or limited liability partnership, means a corporation, partnership or limited liability partnership which has in force a licence; “licensed professional engineering practice” means — (a) a limited corporation licensed under section 20(1); (6) an unlimited corporation licensed under section 20(2); (c) a partnership licensed under section 20(3); or (@® a limited liability partnership licensed under section 20(4); [Act 36 of 2017 wef 15/01/2018) “limited liability partnership” has the same meaning given to it by section 4(1) of the Limited Liability Partnerships Act 2005 (Act 5 of 2005); “limited partnership” means a limited partnership registered under the Limited Partnerships Act (Cap. 163B); [Act 36 of 2017 wef 15/01/2018] “manager” — (a) in relation to a corporation or partnership, means the principal executive officer of the corporation or partnership for the time being by whatever name called and whether or not he is a director or partner thereof; and (b) in relation to a limited liability partnership, has the same meaning as in section 2(1) of the Limited Liability Partnerships Act 2005; “nominee”, in relation to any person, means a person who is accustomed or under an obligation (whether formal or informal) to act in accordance with directions, instructions or wishes of the first-mentioned person, except that a person shall not be regarded as a nominee of another person by Informal Consolidation — version in force from 16/7/20181992 Ba Professional Engineers Car. 2536 reason only that he acts on the advice given by that other person in a professional capacity; “partnership” includes a limited partnershi [Act 36 of 2017 wef 1501/2018) “practising certificate”. — (a) in relation to a registered professional engineer, means an annual certificate issued under section 18 authorising him to engage in professional engineering work in Singapore; () in relation to an allied professional who is an architect registered under the Architects Act (Cap. 12), means a practising certificate issued under section 18 of that Act; and (©) in relation to an allied professional who is a land surveyor registered under the Land Surveyors Act (Cap. 156), means a practising certificate issued under section 15 of that Act; “prescribed branch of professional engineering work” means professional engineering work in any of the following branches of engineering: (a) chemical engineering; (b) civil engineering; (c) electrical engineering; (d) mechanical engineering; (e) such other branches of engineering as may be prescribed; (det 36 of 2017 wef 15/01/2018) “President” means the President of the Board; “professional engineering services” means consultancy or advisory services that require a person to engage in professional engineering work; “professional engineering work” includes any professional service, consultation, investigation, evaluation, planning, Informal Consolidation — version in force from 16/7/20187 Car, 253 Professional Engineers 1992 Ed design, or responsible supervision of construction or operation in connection with any public or privately owned public utilities, buildings, machines, equipment, processes, works or projects wherein the public interest and welfare, or the safeguarding of life, public health or property is concerned or involved, and that requires the application of engineering principles and data; “register of licensees” means the register of licensed corporations, partnerships and limited liability partnerships kept by the Board under section 8(1)(c); “vegister of practitioners” means the annual register of practitioners kept by the Board under section 8(1)(5); “register of professional engineers” means the register of professional engineers kept by the Board under section 8(1)(a); “registered” means registered under section 15 and cognate expressions shall be construed accordingly; “Registrar” means the Registrar of the Board, and includes any individual acting in that capacity; [Act § of 2018 wef 01/04/2018) “rules” means rules made by the Board under section 36; “specialist professional engineer” means a person registered under section 15A as a specialist professional engineer; [Act 36 of 2017 wef 15/01/2018) “unlimited corporation” means a corporation formed on the principle of having no limit placed on the liability of its members. Act not to apply to Government, ete. 3.—(1) Nothing in this Act shall apply to anything done or omitted to be done by the Government or by a public officer under the authority of the Government. (2) This Act shall not be construed as requiring any public authority which supplies professional engineering services in Singapore under Informal Consolidation — version in force from 16/7/20181992 Ed, Professional Engineers Cap. 253 8 the provisions of any written law to obtain a licence; and in this subsection, “public authority” means any body established by or under any written law and exercising powers vested therein by written law for a public purpose. PART II PROFESSIONAL ENGINEERS BOARD Establishment of Professional Engineers Board 4.—(1) There shall be established in Singapore a body to be called the Professional Engineers Board which shall be a body corporate with perpetual succession and a common seal, with power, subject to the provisions of this Act, to sue and be sued in its corporate name, to acquire and dispose of property, both movable and immovable, and to do and perform such other acts as bodies corporate may by law perform. (2) The Board shall consist of the following members: (a) the Commissioner of Building Control; () the President of the Institution of Engineers, Singapore, or a registered professional engineer of at least 10 years’ standing to be nominated by him; (c) not more than 6 registered professional engineers who are resident in Singapore and have in force a_ practising certificate — (i) to be elected by registered professional engineers who have in force a practising certificate; or (ii) failing such election, to be appointed by the Minister under subsection (4); (d) not more than 6 registered professional engineers to be appointed by the Minister; and (e) a registered architect from the Board of Architects to be appointed by the Minister. (3) Notless than 5 members of the Board shall be in private practice. Informal Consolidation — version in force from 16/7/20189 Car, 253 Professional Engineers 1992 Ea, (4) If elections held for the purposes of subsection (2)(c) result in less than 6 persons being elected as members of the Board thereunder, the Minister may appoint such number, as he thinks fit, of registered professional engineers who have in force a practising certificate to be members of the Board, except that the number of members so appointed and the number of members elected under subsection (2)(c) shall not exceed 6 in the aggregate. (5) Of the members elected under subsection (2)(c) or appointed under subsection (4), there shall be at least — (a) one registered professional engineer in the branch of civil engineering; (b) one registered professional engineer in the branch of electrical engineering; and (c) one registered professional engineer in the branch of mechanical engineering. (6) Only registered professional engineers of at least 10 years’ standing may be elected under subsection (2)(c) or appointed under subsection (4) as members of the Board. (7) The members elected under subsection (2)(c) shall hold office for a term not exceeding 3 years and shall be eligible for re-election. [Act 36 of 2017 wef 15/01/2018} (7A) However, a person is ineligible for re-election to office as a member under subsection (2)(c) if the re-election would result in the person holding office as a member for 3 consecutive terms. [Act 36 0f 2017 wef 15/01/2018] (8) The members appointed under subsection (2)(d) or (e) or (4) shall hold office for a term not exceeding 3 years and shall be eligible for re-appointment. (9) The Minister may, at any time, revoke the appointment of any member appointed under subsection (2)(d) or (4) without assigning any reason. Compulsory voting 1) Every registered professional engineer who has in force a ing certificate on the day of election of candidates as members Informal Consolidation — version in force from 16/7/20181992 Fa Professional Engineers Car. 25310 of the Board under section 4(2)(c) shall vote for the election of such members at such time and in such manner as may be prescribed. (2) Every registered professional engineer who is required to vote for the election of the members of the Board in accordance with subsection (1) and who fails to do so shall not be entitled to apply for a practising certificate unless he — (a) satisfies the Registrar that he had a good and sufficient reason for not voting at the election; or (b) pays to the Board a penalty prescribed by the Board. President of Board 4B.—(1) The Board shall have a President who shall be elected by the members of the Board from among its members — (a) who have been elected under section 4(2)(c) or appointed under section 4(4); or (b) who have been appointed under section 4(2)(d). (2) The President elected under subsection (1) shall serve for a term not extending beyond the expiration of the term for which he has been appointed or elected to be a member of the Board and shall be eligible for re-election. [Act 26 of 2017 wef 15/01/2018) (3) However, a person is ineligible for re-election as the President under subsection (1) if the re-election would result in the person holding office as the President for 3 consecutive terms [Act 36 of 2017 wef 15/01/2018] Disqualifications for membership of Board 4C. A person shall not be qualified to be a member of the Board if— (a) he is neither a citizen nor a permanent resident of Singapore; (b) he is an undischarged bankrupt or has made any arrangement or composition with his creditors; Informal Consolidation ~ version in force from 16/7/2018lL Cap. 253 Professional Engineers 1992 Ed, (c) he has been convicted of any offence involving fraud, dishonesty or moral turpitude, or of any other offence implying a defect in character which makes him unfit for the engineering profession; (d) he is mentally disordered and incapable of managing himself or his affairs or is incapacitated by physical illness; or (6) he has at any time after due inquiry been found guilty by a Disciplinary Committee of improper conduct. Filling of vacancies 4D.—(1) The office of a member of the Board shall become vacant if the member — (a) dies; (b) resigns or is removed from office; or (c) becomes in any manner disqualified for office within the meaning of section 4C. (2) The Board may, with the approval of the Minister, remove from office any member of the Board who is absent without leave of the Board from 3 consecutive ordinary meetings of — (a) the Board; or (b) a Disciplinary Committee of which he is a member. (3) Any question as to whether a person has ceased to be a member of the Board shall be determined by the Minister whose decision shall be final. (4) If any vacancy arises among the elected or appointed members, the Minister shall, as soon as practicable, appoint any registered professional engineer to fill that vacancy. (5) Any person appointed to fill the vacancy shall hold office for the residue of the term for which his predecessor was elected or appointed. (6) The powers of the Board shall not be affected by any vacancy in its membership. Informal Consolidation — version in force from 16/7/20181992 Ed. Professional Engineers Cap. 25312 (7) No act done by or under the authority of the Board shall be invalid in consequence of any defect that is afterwards discovered in the appointment, election or qualification of the members or any of them. Meetings and quorum of Board 4E.—(1) At any meeting of the Board, 8 members shall form a quorum and no business shall be transacted at any meeting unless a quorum is present. (2) At any meeting of the Board, the President shall preside and in his absence the members present shall elect from among themselves one member to preside over the meeting. (3) If on any question to be determined by the Board there is an equality of votes, the President or the member presiding over that meeting shall have a casting vote. (4) Subject to the provisions of this Act and the Public Sector (Governance) Act 2018, the Board may determine its own procedure. [Act 5 of 2018 wef 01/04/2018] (5) The Board shall cause proper records of its proceedings to be kept. Common seal of Board 5.—(1) The common seal of the Board shall bear such device as the Board may approve and the seal may from time to time be broken, changed, altered or made anew by the Board as it may think fit (2) The common seal shal] be kept in the custody of the President and shall be authenticated by the President or other member acting in the absence of the President and any document purporting to be sealed and authenticated as aforesaid shall, until the contrary is proved, be deemed to be validly executed. Functions of Board 6. The functions of the Board shall be — (a) to keep and maintain every register mentioned in section 8(1); {Act 36 of 2017 wef 15/01/2018} Informal Consolidation ~ version in force from 16/7/201813, Cap. 253 Professional Engineers 1992 Ed. (b) to hold or arrange for the holding of such examinations as the Board considers necessary for the purpose of enabling persons to qualify for registration under this Act; (c) to approve or reject applications for registration under this Act or to approve any such applications subject to such restrictions as it may think fit to impose; (d) to establish and maintain standards of professional conduct and ethics of the engineering profession; (e) to promote learning and education in connection with engineering and the development of _ professional engincering, either alone or in conjunction with any other person; [Act 36 of 2017 wef 15/01/2018} (/ to hear and determine disputes relating to professional conduct or ethics of professional engineers or to appoint a committee or arbitrator to hear and determine those disputes; (g) to license corporations, partnerships and limited liability partnerships which supply professional engineering services relating to any of the prescribed branches of professional engineering work in Singapore; and [Act 36 of 2017 wer 15/01/2018] (h) generally to do all such acts, matters and things as are necessary to be carried out under the provisions of this Act. Committees 7 (1) The Board may appoint such committees from among its members, registered professional engineers, allied professionals or such other persons as it thinks fit to assist or advise the Board on such matters arising out of its functions under this Act as are referred to them by the Board. (Act 36 of 2017 wef 15/01/2018) Informal Consolidation — version in force from 16/7/20181992 Ed, Professional Engineers Cap. 253 14 Registers 8.—(1) The Board shall keep and maintain — (a) a register of professional engineers in which shall be entered the names of all persons registered under this Act, the qualifications by virtue of which they are so registered and such other particulars in relation thereto as may from time to time be determined by the Board; (b) a register of specialist professional engineers in which shall be entered the names of persons who are registered under section 15A as specialist professional engineers; (c) an annual register of practitioners in which shall be entered the particulars as contained in the declaration delivered under section 18(3)(a); [Act 36 of 2017 wef 15/01/2018) (a) a register of licensees containing the names of all licensed professional engineering practices and such other particulars as may be determined by the Board; and Act 36 of 2017 wef 15/01/2018] (e a register containing the names and any other particulars as may be determined by the Board, of all foreign engineers authorised under section 10(1)(c) [Aet 36 of 2017 wef 1501/2018) (2) There shall be indicated against each person’s name in the register of professional engineers, the register of specialist professional engineers and the register of practitioners such branch or branches of engineering as in the opinion of the Board the registered professional engineer is qualified to practise Appointment and duties of Registrar 9.—(1) There must be a chief executive of the Board called the Registrar of the Board, whose appointment and removal must be in accordance with the Public Sector (Governance) Act 2018. [Act 5 of 2018 wef 01/04/2018] (1A) The Board may, subject to the Public Sector (Governance) Act 2018, appoint an individual to act temporarily as the Registrar during any period, or during all periods, when the Registrar — Informal Consolidation — version in force from 16/7/201815 Cap, 253 Professional Engineers 1992 Ed (a) is absent from duty or Singapore; or (6) is, for any reason, unable to perform the duties of the office. [Act 5 of 2018 wef 01/04/2018} (2) In addition to duties under the Public Sector (Governance) Act 2018, the Registrar must be under the general direction of the Board and shall sign all certificates of registration, practising certificates and licences, and shall record all entries of registration, cancellation and reinstatement in the register of professional engineers, register of practitioners or register of licensees, as the case may be. [Act 5 of 2018 wef 01/04/2018] (3) The Registrar shall attend all meetings of the Board and record the proceedings thereof, and shall conduct the correspondence and deal with such matters as may be assigned to him from time to time by the President or the Board. (4) The Registrar shall — (a) as soon as may be convenient after Ist January each year, prepare and publish in the Gazette a list containing the names, qualifications (including the branch or branches of engineering to which the qualifications relate) and addresses of all registered professional engineers who have in force a practising certificate; and (b) from time to time publish in the Gazette the names, qualifications and addresses of professional engineers added to or removed from the register of practitioners. (5) Inany proceedings, a list published under subsection (4) shall be prima facie evidence that the persons whose names appear therein are registered professional engineers who have in force practising certificates Informal Consolidation — version in force from 16/7/20181992 Ed, Professional Engineers Cap. 253, 16 PART III PRIVILEGES OF PROFESSIONAL ENGINEERS Mlegal practice 10.—(1) Subject to the provisions of this Act, a person must not, in Singapore, engage in any of the prescribed branches of professional engineering work, or draw or prepare any plan, sketch, drawing, design, specification or other document relating to any of the prescribed branches of professional engineering work, unless the person — nib: Careers A F (a) is a registered professional engineer who has in force a practising certificate authorising him to engage in that prescribed branch of professional engineering work; (b) is working under the direction or supervision of a person mentioned in paragraph (a); (c) being a foreign engineer, is authorised by the Board to engage in such professional engineering work in collaboration with a person mentioned in paragraph (a); fawn To Com] (d) isa licended | ima fessional engineering practice licensed to supply professional engineering services relating to that prescribed branch of professional engineering work; or (c) isa partnership consisting wholly of registered professional engineers — (i) each of whom has in force a practising certificate; and (ii) one or more of whom is authorised to engage in that prescribed branch of professional engineering work. (Act 36 of 2017 wef 15/01/2018} (IA) The Board may, upon the payment of the prescribed fee, grant its authorisation to any person under subsection (1)(c) subject to such conditions as the Board thinks fit to impose. [Act 36 of 2017 wef 15/01/2018] (2) Subject to the provisions of this Act, no person shall sign and submit to a building authority or to a public authority (as defined in section 3(2)) — Informal Consolidation — version in force from 16/7/201817 Car. 253 Professional Engineers 1992 Bu. (a) any plan, sketch, drawing, design, specification or other document relating to any of the prescribed branches of professional engineering work in Singapore; or [Act 36 of 2017 wef 15/01/2018) (b) any report on or a certificate or other document relating to any of the prescribed branches of professional engineering work in Singapore which is required by any written law to be signed by a professional engineer, [Act 36 of 2017 wef 15/01/2018) unless the person is a registered professional engineer who has in force a practising certificate authorising him to engage in such professional engineering work; and any document that is signed in contravention of this subsection shall be invalid. (3) Subject to the provisions of this Act, no person shall use verbally or otherwise (a) the words “professional engineer” or any additions to or abbreviation or derivative of those words in connection with his designation; (b) the word “engineer” or the abbreviation “Er.” or “Engr.” as a title before his name; or (c) any word, name or designation that will lead to the belief that the person is a registered professional engineer, unless the person is a registered professional engineer. (3A) Where the Board has authorised any person under subsection (1)(c) to work in collaboration with a registered professional engineer, the Board may allow that person to use such addition to or derivative of the words “professional engineer” as may be approved by the Board (4) Subject to the provisions of this Act, a person must not advertise or hold himself out, or conduct himself in any way or by any means, as. a person who is authorised to supply in Singapore, professional engineering services relating to any of the prescribed branches of professional engineering work, unless the person is — (a) a registered professional engineer who has in force a practising certificate authorising him to engage in that Informal Consolidation — version in force from 16/7/20181992 Ed. Professional Engineers Cap. 253 18 prescribed branch of professional engineering work to which those services relate; (b) a licensed professional engineering practice licensed to supply professional engineering services relating to that prescribed branch of professional engineering work; or (c) a partnership consisting wholly of registered professional engineers — (i) each of whom has in force a practising certificate; and (ii) one or more of whom is authorised to engage in that prescribed branch of professional engineering work. {Act 36 of 2017 wef 15/01/2018) (5) Nothing in subsection (4) prevents a licensed professional engineering practice from carrying on any activity necessary to the winding up of that practice. {Act 36 of 2017 wef 15/01/2018) (5A) [Deleted by Act 36 of 2017 wef 15/01/2018] (6) Subject to the provisions of this Act, a person must not — (a) supply in Singapore, professional engineering services relating to any of the prescribed branches of professional engineering work unless the person is — (i) a licensed professional engineering practice licensed to supply professional engineering services relating to that prescribed branch of professional engineering work; or (ii) a registered professional engineer who has in force a practising certificate authorising him to engage in the prescribed branch of professional engineering work Jf to which those services relate, and is doing so — v (A) on the person’s own account or as a director, partner or employee (as the case may be) of a tli dew" licensed professional engineering practice tyre ae mentioned in sub-paragraph (i); or aie cons gern ae Ba peacstty ie my - ole iwi ety tints wat 4 Wad i ie af < Ubcerged Cv pw Gd Informal Consolidation ~ version in force from 16/7/201819 Car, 253 Professional Engineers 1992 Eu, (B) as a partner in a partnership consisting wholly of registered professional engineers who each has in force a practising certificate; or (6) offer to supply in Singapore, professional enginecring services relating to any of the prescribed branches of professional engineering work unless the person is — (i) a person mentioned in paragraph (a)(i) or (ii); (ii) an allied professional who is doing so only by reason of being a partner ina licensed partnership or licensed limited liability partnership; or (iii) a foreign engineer authorised under subsection (1)(c) to engage in the prescribed branch of professional engineering work to which those services relate. [Act 36 of 2017 wef 1510172018] (7) Despite subsection (6), a builder may in connection with any building works which the builder undertakes to carry out, supply or offer to supply in Singapore, professional engineering services relating to any of the prescribed branches of professional engineering work if — (a) the professional engineering services are provided by a person mentioned in subsection (6)(a); or (b) the professional engineering services — s.F wxkv/ (i) are provided by a registered professional engineer tide i . 7 oxpleged employed by the builder, and the registered ora ¥ Oy professional engineer has in force a practising by the Kida. ¥ certificate authorising him to engage in the professional engineering work to which those services relate; and (ii) relate to any of the prescribed works necessary for the progress of the building works {det 36 of 2017 wef 151012018) (8) Any person who contravenes subsection (1), (2), (3), (4) or (6) shall be guilty of an offence and shall be liable on conviction — Informal Consolidation ~ version in force from 16/7/2018