s 35 Duties of qualified person
35.—(1) Every qualified person appointed to supervise any works for the purposes of section 34 must —(a) take all reasonable steps and exercise due diligence in supervising and inspecting the works to ensure that those works are carried out in accordance with this Act, with the plans submitted under section 33(3) and with any condition imposed by the Board under that section; (b) notify the Board of any contravention of the provisions of this Act pertaining to the works; (c) keep and maintain at the premises on which works are carried out such documents, books and records as may be prescribed; (d) carry out such inspection of the works as the Board may require; (e) submit to the Board at the prescribed times such reports and certificates as may be prescribed; and (f) on completion of the inspection mentioned in paragraph (d), submit to the Board a certificate containing such particulars as the Board may require.[8/2001] (2) Any qualified person who contravenes any of the requirements of subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both and, in the case of a continuing offence, to a further fine not exceeding $500 for every day or part of a day during which the offence continues after conviction. (3) In any prosecution against a person for an offence under subsection (1)(b), it is a defence for the person to prove to the satisfaction of the court that the person could not reasonably have discovered the contravention referred to in the charge. (4) Any qualified person who —(a) being required by this Act to make or produce to the Board any plan, declaration, certificate, report, record, notice or other document; or (b) for the purpose of obtaining any certificate or approval from the Board under this Act or of establishing any fact relevant to the administration of this Act, makes or produces any plan, declaration, certificate, report, record, notice or other document which — (c) is false in a material particular; (d) has not been made by the person by whom it purports to have been made; or (e) has been in any way altered or tampered with, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both. [8/2001] (5) If any qualified person appointed for the purposes of section 34 becomes unwilling or unable, whether by reason of the termination of his or her appointment or for any other reason, to carry out his or her duties under the Building Control Act 1989 or this Act, he or she must, within 14 days of ceasing to carry out his or her duties, notify the Board of the fact.