Section 29R — Regulatory action

(1)Subject to subsections (3), (4) and (5), the Building and Construction Authority may by order (without compensation), cancel the registration of a person if the Building and Construction Authority is satisfied that —

(a)the person obtained the registration by fraud or misrepresentation;

(b)the person is contravening or not complying with, or has contravened or failed to comply with —

(i)any condition of the person’s registration;

(ii)any provision of this Act or the building regulations applicable to the person as a registrant, contravention of or non‑compliance with which is not an offence under this Act or any subsidiary legislation made under this Act; or

(iii)a direction given under subsection (2)(c), (d) or (e);

(c)the person is convicted of an offence involving fraud or dishonesty, or an offence under this Act or any subsidiary legislation made under this Act, committed during the term of the registration;

(d)the person is likely to go or has gone into compulsory or voluntary liquidation other than for the purpose of amalgamation or reconstruction;

(e)the person is not carrying out registrable activity in a safe and effective manner; or

(f)the cancellation of registration is in the public interest.

(2)However, the Building and Construction Authority may, in lieu of cancelling a person’s registration under subsection (1), do (without compensation) any one or more of the following:

(a)suspend the registration of the person for not more than 6 months;

(b)modify any condition of the person’s registration except those in section 29Q;

(c)direct the person to pay, within a period specified in a direction, a financial penalty of an amount the Building and Construction Authority thinks fit, being not more than $20,000, where the ground for regulatory action is subsection (1)(a), (b), (d) or (e);

(d)direct that, for a period specified in the order, the person —

(i)must not enter into or undertake any contract or engagement to carry out all or any registrable activity; or

(ii)may enter into or undertake any further contract or engagement to carry out any registrable activity, provided that the number of fixed installations (of the same type or different types) in relation to which registrable activity may be undertaken under the further contracts or engagements must not exceed the number specified in the order;

(e)direct that the person —

(i)do, or refrain from doing, such things as are specified in a direction to rectify any contravention or non‑compliance mentioned in subsection (1)(b); or

(ii)ensure that any employee of the person who carries out registrable activities undergoes the training or retraining specified in the order;

(f)censure the person concerned.

(3)Before taking any regulatory action under subsection (1) or (2), the Building and Construction Authority must give written notice to the registrant concerned —

(a)stating that the Building and Construction Authority intends to take regulatory action against the registrant;

(b)specifying the type of regulatory action in subsection (1) or (2) the Building and Construction Authority proposes to take, and each instance of contravention or non-compliance (where applicable) that is the subject of the action; and

(c)specifying the time (being not less than 14 days from the date of service of notice on the registrant) within which written representations may be made to the Building and Construction Authority with respect to the proposed regulatory action.

(4)The Building and Construction Authority may, after considering any written representation under subsection (3)(c), decide to take such regulatory action in subsection (1) or (2) as it considers appropriate.

(5)Where the Building and Construction Authority has made any decision under subsection (4) against any registrant, the Building and Construction Authority must serve on the registrant concerned a notice of its decision.

(6)Subject to subsection (7), a decision to cancel a registration under subsection (1), or to take a regulatory action in subsection (2), which is specified in the notice given under subsection (5), takes effect from the date on which that notice is given, or on such other date as may be specified in the notice.

(7)A person given a notice under subsection (5) who is aggrieved by the decision in the notice may appeal to the Minister against the decision, within the time and in the manner prescribed by building regulations; and the Minister’s decision on appeal is final.

(8)A registrant who enters into or undertakes any contract or engagement to carry out any registrable activity in contravention of a direction made under subsection (2)(d) is not entitled to recover any charge, fee or remuneration under such a contract or engagement.

(9)All financial penalties imposed under subsection (2) must be paid into the Consolidated Fund.[Act 12 of 2020 wef 09/12/2022]