ERASURE OF NAMES PROCEDURE ġ S.L.321.04 1
SUBSIDIARY LEGISLATION 321.04
ERASURE OF NAMES PROCEDURE 
REGULATIONS
13th October, 2000
LEGAL NOTICE 208 of 2000.
Title.
Procedure Regulations.
Interpretation.
Cap. 321.
"Board" means the Engineering Board established by article 6 of
the Act;
"Chairman" means the Chairman of the Board, or any  ad hoc
member so appointed for the meeting;
"charge" means a charge or complaint specified in a notice of
inquiry;
"Code of Ethics" means the code of ethics mentioned in article
18 of the Act;
"notice of inquiry" has the meaning given to it by regulation 6;
"partnership of engineers" means a civil partnership as described
in article 8 of the Act;
"Register" means the records held by the Secretary of the Board,
enlisting all warrant and special licence holders;
"Secretary" means the Secretary of the Board, as appointed from
time to time by the Minister responsible under the Act;
"warrant holder" means the person holding a warrant or a special
licence, under the Act; and a reference to a warrant holder in these
regulations shall also include a partnership of engineers.
Procedure leading 
to holding of an 
inquiry.
3. No direction shall be given under article 7 of the Act
except in consequence of an inquiry held in accordance with the
provisions of these regulations into any charge formulated in a
notice of inquiry and served in accordance with the provisions of
these regulations on the person against whom any such charge is
made.
Making of a 
complaint.
4. (1) Where -
( a ) a complaint in writing that a warrant holder has been
convicted by any court in these Islands of any crime
punishable by imprisonment for any term exceeding
one year or of any of the crimes as are mentioned in
the provisions of articles 12 and 14 of the Act, is sent
to the Board by any body or person, or information in
writing that a warrant holder has been so convicted is
sent to the Board by a person acting in a public
capacity, or
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( b ) a complaint in writing of the conduct of a warrant
holder has been sent to the Board by any body or
person, or information in writing as to the
unprofessional conduct of a warrant holder or claiming
a breach of the Code of Ethics has been sent to the
Board by a person acting in a public capacity, or
( c ) a complaint in writing that a warrant holder is unfit to
continue to practice his profession on grounds of
mental or physical infirmity is sent to the Board by any
body or person, or information in writing as to the
unfitness of a warrant holder to continue to practise his
profession on the grounds aforesaid is sent to the
Board by a person acting in a public capacity,
the Secretary of the Board shall submit the complaint to the
Chairman of the Board.
(2) In so far as the complaint relates to the conduct or
unfitness on grounds of infirmity, the Board shall not proceed
further unless and until such complaint has been confirmed by
means of a declaration on oath stating -
( a ) the address and description of the declarant, and
( b ) if any fact declared is not within the personal
knowledge of such declarant, the source of the
declarant’s information and the grounds for the
declarant's belief in the truth of the fact.
(3) Subject to the provisions of subregulation (2), the
Chairman shall direct the Secretary to notify the warrant holder of
the receipt of the complaint or information, stating the substance
thereof and sending to the warrant holder a copy, if any, of the
declaration on oath furnished under subregulation (2), and to invite
the warrant holder to submit to the Board, within such date as the
Chairman shall determine, any explanation which the warrant
holder may have to offer, in such manner that any such explanation
shall be in writing and shall be lodged with the Secretary within
such time as may be fixed by the Chairman:
Provided that in so far as a complaint or information relates
to the alleged conduct of a warrant holder, if it appears to the
Chairman that such complaint may be frivolous or vexatious, he
shall direct the Secretary to refer such complaint or information in
any case to the Board which shall either decide that such complaint
or information is frivolous or vexatious and need not be proceeded
with any further, or it shall decide to proceed further and direct the
Secretary to notify the warrant holder in accordance with the
provisions of this subregulation.
(4) Subject to the preceding provisions of this regulation, the
Chairman shall direct the Secretary to refer for inquiry a complaint
or information to the Board, together with any explanation then
furnished by the warrant holder, and any declaration on oath
furnished under subregulation (2).
(5) In this regulation the expression "person acting in a public
capacity" means an officer of a government department or public
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authority acting in his capacity as a public officer, or any person
holding a judicial office or officer of the court.
Chairman to 
appoint date and 
time.
5. The Chairman shall appoint a day and time for the holding
of an inquiry under article 7 of the Act and under these regulations.
Issuing of a notice 
of inquiry.
6. (1) As soon as may be after a complaint or information has
been referred to the Board under the preceding provisions, and
unless the Board is fully satisfied with the written explanation of
the warrant holder, the Secretary shall serve a notice of inquiry
signed by the Chairman on the warrant holder which shall -
( a ) specify in the form of a charge or charges or
complaint, the matters into which the inquiry is to be
held; and
( b ) state the day, time and place at which the inquiry is to
be held.
(2) The inquiry shall not be fixed for any day earlier than ten
days after the date of the notice of inquiry.
(3) A notice of inquiry shall be in the form set out in Form A
contained in the Schedule.
(4) There shall be sent with any notice of inquiry a reference to
these regulations.
(5) A copy of the notice of inquiry shall also be served on the
complainant or the informer.
Defective notice of 
inquiry.
7. (1) Where before the hearing of an inquiry it appears to the
Chairman, or at any stage of the inquiry it appears to the Board,
that a notice of inquiry is defective, the Chairman or the Board, as
the case may be, shall give directions for the amendment of the
notice as may be necessary, unless having regard to the merits of
the case, the required amendments would be prejudicial to the
warrant holder under inquiry.
(2) Where, in the opinion of the Board, it appears to be
expedient that the inquiry should be postponed or adjourned, the
Chairman shall give such directions in that regard as appear to be
necessary.
Proceedings to be 
held in public.
8. Proceedings before the Board shall be held in public; the
Board may, however, if it considers it expedient, order that the
proceedings be held in private.
Challenge or 
abstention.
Cap. 12.
9. (1) The Chairman or any member of the Board or the
Secretary shall abstain, or may be challenged, from taking part in
any inquiry in any circumstances in which a judge would abstain or
may be challenged in accordance with the provisions of section 734
of the Code of Organization and Civil Procedure.
(2) Any such challenge shall be made after the reading out by
the Secretary of the charge or charges or complaint to the warrant
holder in terms of regulation 11.
(3) The Board shall decide any such challenge before
proceeding further in the hearing of the charge or charges or
complaint. The decision of the Board shall be final.
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Legal or 
professional 
assistance.
10. (1) Any party to the proceedings before the Board may be
assisted by an advocate or legal procurator. The warrant holder may
also be assisted by a member of his profession whose name appears
in the list of warrant holders as published in terms of article 7(3) of
the Act.
(2) The Chairman shall bring the provisions of this regulation
to the notice of any party to the proceedings appearing before the
Board without any such assistance.
Commencement of 
proceedings.
11. The inquiry proceedings shall commence with the
Secretary reading out the charge or the charges or the complaint.
Thereupon the Chairman shall put the question to the warrant
holder whether he admits or denies the charge or charges or
complaint.
Preliminary 
proceedings.
12. (1) If the warrant holder admits the charge or the charges
or the complaint, the Board may in its discretion dispense with the
production of witnesses and proceed to give its decision on that
same day or any other day appointed for the purpose.
(2) If the warrant holder denies the charge or charges or the
complaint, the Board shall proceed with the inquiry.
(3) If the warrant holder fails to attend without just cause, and
the Board is satisfied that a notice of inquiry was sent as required
by these regulations, the Board may proceed with the inquiry even
in the absence of the warrant holder.
Conduct of 
inquiry.
13. The inquiry proceedings shall be as follows:
( a ) witnesses in support of the charge, charges or
complaint shall be produced and examined by the
party producing them or, in their absence, by the
Board, and cross-examined by the warrant holder
under inquiry or by the person assisting him; thereafter
any member of the Board may put any questions to
such witnesses as they may deem necessary;
( b ) witnesses in defence shall then be heard, provided that
should the warrant holder wish to give evidence, he
may only do so before that of any witness to be
produced by him; witnesses shall be examined by the
warrant holder or by the person assisting him and may
be cross-examined by any other party to the
proceedings, and thereafter may be examined by any
member of the Board;
( c ) when the hearing of evidence has been concluded, the
warrant holder shall personally or through the person
by whom he is assisted, address the Board and make
his defence;
( d ) the Board shall then give its decision on that day or
any other day appointed for the purpose: provided that
the Board shall not be debarred at any stage of the
proceedings until the decision is given from rehearing
any witness or requesting the production of any
document.
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Decision of the 
Board.
14. (1) In any case where the Board is satisfied that the charge
or charges or complaint have not been proved, the Board shall
decide accordingly and it shall record its finding that such charge
or charges or complaint have not been proved, and that the warrant
holder is not guilty in respect of such charge, charges or complaint.
(2) In any other case to which the provisions of subregulation
(1) do not apply in full, or do not apply at all, where the Board is
satisfied that the charge or charges or complaint, or part thereof,
have been proved, the Board shall decide accordingly and it shall
record its finding that such charge or charges or complaint, or part
thereof, have been proved, and that the warrant holder is guilty in
respect of such charge, charges or complaint.
(3) Where a decision is made in terms of subregulation (2), the
Chairman shall, within ten days, communicate to the Minister, the
findings and recommendations of the Board as relating to the
warrant holder, in terms of article 7(1)( c ) and ( d ) and of articles 5,
12 and 14 of the Act.
Matters relating to 
the decision.
15. (1) The decision of the Board shall be given in writing and
read out in public and it shall be signed by the Secretary and
counter-signed by the Chairman.
(2) The original document of the decision together with a
complete record of the inquiry proceedings shall be kept with the
Secretary.
(3) The Secretary shall without delay serve on the warrant
holder a copy of the decision of the Board.
Notice to give 
evidence.
16. (1) Notice to any person to appear before the Board to
give evidence and, or, to produce documents, shall be in the form
set out in Form B contained in the Schedule.
(2) Every such notice as is referred to in these regulations shall
be signed by the Secretary and counter-signed by the Chairman,
and shall be served in accordance with the provisions of these
regulations and as provided in the Act.
Keeping of good 
order.
17. It shall be within the authority of the Board during the
proceedings to maintain good order and to regulate any discussion.
Secrecy to be 
maintained by the 
Board.
18. The members of the Board and the Secretary shall not
divulge anything discussed by the Board in the course of an
inquiry.
Board to regulate 
own procedure.
19. Save as otherwise expressly provided, the Board shall
regulate its own procedure.
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SCHEDULE
Form A
Regulation 6(3)
ENGINEERING BOARD
NOTICE OF INQUIRY
(Name of warrant holder)
.......................................
.......................................
You are hereby being given notice that the Engineering Board
has, in terms of the Engineering Profession Act, Cap. 321, ordered
the holding of an inquiry in order to deliberate on the following
charge, charges or complaint imputed to you as follows:
................................................................................................... 
...................................................................................................
Notice is hereby given that the first sitting of the said inquiry
will be held on the ( date ) .................. ( time ) at ...............................
( place ) at .......................................................................................
The procedure to be followed will be that contained in the
Erasure of Names Procedure Regulations.
You are warned that failure on your part to appear without giving
a reasonable explanation for your absence will not prevent the
Board from proceeding with the inquiry.
............................... ...................................
Chairman, Secretary,
Engineering Board Engineering Board
( Date ) ..........................................
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Form B
Regulation 16
ENGINEERING BOARD
NOTICE TO A PERSON TO GIVE EVIDENCE AND/OR 
PRODUCE DOCUMENTS IN AN INQUIRY
.............................
(Date)
To ................................
You are hereby required to attend before the Engineering Board
in terms of the Engineering Profession Act, Cap. 321, and the
Erasure of Names Procedure Regulations, on the ( date ) ..................
( time ) at .............................. ( place ) at .................................... and
so on any other day to which the hearing may be put off, to give
evidence and, or to produce the following documents .....................
................................................ in the proceedings of an inquiry
held against .....................................................
You are warned that failure to attend as hereby required will
expose you to the sanctions prescribed by law.
............................... ...................................
Chairman, Secretary,
Engineering Board. Engineering Board.
