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The Architects Rules 1991

Architects Rules

(Chapter 12, Section 36)
- Part 6

PART VI
DISCIPLIANRY PROCEDURE

Rule 28 -
Proceedings of Investigation Committee

28.-(1) An Investigation Committee may meet for the purposes of its investigation and adjourn or otherwise regulate the conduct of its investigation as the members may think fit.

(2) The chairman of an Investigation Committee may at any time summon a meeting of the Investigation Committee.

(3) The quorum for a meeting of the Investigation Committee shall be constituted by the chairman of Investigation Committee and all its members.

(4) Any question arising at a meeting of the Investigation Committee shall be determined by a majority of votes and, in the case of an equality of votes, the chairman shall have a casting vote.

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Rule 29 -
Service of compliant, etc.

29. Where an Investigation Committee is of the opinion that a registered architect should be called upon to answer any allegation made against him, the Investigation Committee shall serve on him -

(a) copies of any complaint made against him under section 28 of the Act and any statutory declaration or affidavit that has been made in support of the complaint; or

(b) any information concerning any improper or dishonourable act of conduct against him and any statutory declaration or any affidavit that has been made in support of the information, and a notice inviting him, within such period (not being less than 21 days) as may be specified in the notice, to give to the Investigation Committee any written explanation he may wish to offer.

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Rule 30 -
Confidentiality of information

30. All information, including any book, document, paper or other record used by an Investigation Committee in the course of its deliberations shall be confidential and shall not be disclosed to any person unless the Investigation Committee or the Board decides otherwise.

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Rule 31 -
Proceedings of Disciplinary Committee

31.-(1) A Disciplinary Committee shall meet from time to time at such place as the chairman of the Disciplinary Committee may determine to formally inquire into any matter referred to it by the Board.

(2) The quorum for a meeting of the Disciplinary Committee shall be constituted by the chairman of the Disciplinary Committee and all its members.

(3) All members of a Disciplinary Committee present at any meeting thereof shall vote on any question arising at the meeting and such question shall be determined by a majority of votes and, in the case of an equality of votes, the chairman shall have a casting vote.

(4) The proceedings before a Disciplinary Committee shall be held in camera.

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Rule 32 -
Attendance by registered architect

32.-(1) The registered architect concerned may appear in person or be represented by counsel at the formal inquiry before the Disciplinary Committee.

(2) Where neither the registered architect nor his counsel is present, the Disciplinary Committee may proceed with the formal inquiry if the Disciplinary Committee is satisfied that section 31E of the Act has been complied with.

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Rule 33 -
Hearing before Disciplinary Committee

33.-(1) At any formal inquiry before a Disciplinary Committee, the registered architect under inquiry or his counsel shall be permitted to

(a) cross-examine any witness testifying against him;

(b) give evidence on his behalf;

(c) call such witnesses as the registered architect under inquiry may wish to testify for him or on his behalf; and

(d) have access to information contained in any document at a reasonable time before such document is tendered in evidenc

(2) If the Disciplinary Committee is satisfy that any person concerned in the proceedings is hampering or attempting to hamper the progress of the formal inquiry

(a) the Disciplinary Committee shall administer a warning to the person; and

(b) if after such warning the Disciplinary Committee is satisfied that the person is acting in disregard of the warning, the Disciplinary Committee shall make an entry in the record to that effect and shall proceed to complete the formal inquiry in such a manner as it thinks fit.

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Rule 34 -
Record of proceedings

34.-(1) The chairman of the Disciplinary Committee shall record or cause to be recorded the proceedings of the Disciplinary Committee by such means and in such form as the Disciplinary Committee may decide.

(2) The record of the proceedings of the Disciplinary Committee shall consist of

(a) the information obtained by the Disciplinary Committee; and

(b) a report made by the Disciplinary Committee.

(3) A record of proceedings shall be signed by the chairman and other members of the Disciplinary Committee.

(4) No person is entitled, as of right, to a copy of the record of proceedings of any Disciplinary Committee.

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