ARCHITECTS AND QUANTITY SURVEYORS: SUBSIDIARY LEGISLATION
ESTABLISHMENT OF BOARD
under s. 3
A Board of Registration of Architects and Quantity Surveyors has been established for the purposes of this Act.
ARCHITECTS AND QUANTITY SURVEYORS RULES
under s. 15
G.N. 105/1995
PART I
GENERAL
These Rules may be cited as the Architects and Quantity Surveyors Rules.
In these Rules, unless the context otherwise requires—
“Registrar” has the meaning assigned thereto in section 2 of the Act.
“member” means an Architect, Quantity Surveyor, Graduate Architect, Graduate Quantity Surveyor, Architectural Technician or Quantity Surveying Technician registered under the Act.
All communications to the Board shall be addressed to the Registrar at the postal address of the Board.
4. Applications for registration
(1) All applications for registration as an Architect or Quantity Surveyor shall be made on Form 1 in the Second Schedule.
(2) All applications for registration as a Graduate Architect or Graduate Quantity Surveyor shall be made on Form 2 in the Second Schedule.
(3) All applications for registration as an Architectural Technician or a Quantity Surveying Technician shall be made on Form 3 in the Second Schedule.
5. Certificate of registration and form of registers
(1) The Board shall provide a certificate of registration to every member.
(2) The certificate of registration shall be in Form 4 set out in the Second Schedule.
(3) The Registrar shall keep and maintain each of the registers required under Part IV of the Act.
6. Certificate of registration in event of resignation, expulsion or suspension to be delivered to Board
(1) In the event of the resignation, expulsion or suspension of a member, his certificate of registration shall be delivered up by him to the Board.
(2) In the event of suspension, such certificate of registration shall be held by the Board during the period of suspension, and in the case of resignation or expulsion, such certificate shall be cancelled by the Board.
It shall be the duty of every member to notify the Registrar of any change of address.
Every member shall be entitled to remuneration for his services.
9. Scale of fees to be furnished to client
(1) The scale of fees set out in the First Schedule is a minimum scale and shall be charged by Architects and Quantity Surveyors and the provisions set out in such Schedule shall apply to such charges.
(2) Architects and Quantity Surveyors shall forward to clients, at the outset of an engagement, a copy of such scale of fees.
PART II
DISCIPLINARY PROCEEDINGS
10. The Board may institute inquiry
The conduct of any member may be considered by the Board in its own right or on the recommendation of the Malawi Institute of Architects or the Surveyors Institute of Malawi on behalf of any person feeling aggrieved by reason of alleged unprofessional conduct or misconduct on the part of any member.
The Board may require the complainant to file further particulars of any of the matters complained of and may require the complaint or any part thereof to be verified by affidavit.
12. Explanation in answer to complaint
The Board may call upon the member whose conduct is complained of or is under investigation, to file within ten days thereafter explanation in answer to the complaint and may require such explanation to be verified by affidavit.
The Board may summon before it any member against whom any complaint has been lodged or whose conduct may appear to the Board to require investigation and may call upon him to produce any document, contract, contract book, paper, drawing, specification, quantities or other writing in his possession or under his control in any way relating to or concerning the complaint or matter under investigation and shall hear any relevant evidence and inspect any relevant documents which the complainant or the party complained against may desire to adduce.
14. Appearance of accused member
The member against whom the complaint is made shall have the right to appear before the Board and to be heard either personally or through his legal practitioner and may call such evidence and produce such documents as may be relevant.
Should such member not appear within a reasonable period as the Board may determine and not file an explanation the inquiry may be proceeded with forthwith.
At any inquiry held under these Rules, all verbal evidence shall be taken on oath.
(1) The Board, after having enquired into the alleged misconduct of any member, may—
(a) take no further action; or
(b) caution the member; or
(c) suspend the member; or
(d) strike out the name of the member from the register; or
(e) impose such a fine as the Board may determine.
(2) The…
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