MALAWI ENGINEERING INSTITUTION: SUBSIDIARY LEGISLATION

MALAWI ENGINEERING INSTITUTION: SUBSIDIARY LEGISLATION

MALAWI ENGINEERING INSTITUTION (REGISTRATION AND DISCIPLINE) REGULATIONS

ARRANGEMENT OF REGULATIONS

    REGULATION

PART I
PRELIMINARY

    1.    Citation

PART II
REGISTRATION

    2.    Procedure for registration

    3.    Documents in support of application

    4.    Acceptance or refusal of registration

    5.    Registration fees

    6.    List of registered persons

    7.    Notification of change of address

PART III
CODE OF CONDUCT

    8.    Primary obligations of persons registered under the Act

    9.    Competence and other considerations

    10.    Avoidance of unfair competition

    11.    Conflict of interest

    12.    Disclosure of confidential information permitted in some circumstances

PART IV
DISCIPLINE

    13.    Inquiry into misconduct

    14.    Application to all persons registered under the Act

    15.    Powers of Disciplinary Committee

    16.    Minutes of meetings of Disciplinary Committee

    17.    Tenure and vacancy for Disciplinary Committee

    18.    Proceedings of Disciplinary Committee

    19.    Time limits

    20.    Publication of names of deregistered or suspended persons

    21.    Re-registration

    22.    Disclosure of interest

    23.    Evidence

    24.    Right to legal representation

    25.    Oath of secrecy

    26.    Allowances

        FIRST SCHEDULE

        SECOND SCHEDULE

        THIRD SCHEDULE

        FOURTH SCHEDULE

        FIFTH SCHEDULE

        SIXTH SCHEDULE

        SEVENTH SCHEDULE

G.N. 42/2021

MALAWI ENGINEERING INSTITUTION (REGISTRATION AND DISCIPLINE) REGULATIONS

under s. 65

PART I
PRELIMINARY

1.    Citation

    These Regulations may be cited as the Malawi Engineering Institution (Registration and Discipline) Regulations.

PART II
REGISTRATION

2.    Procedure for registration

    (1) An application for registration under the Act shall comply with these Regulations.

    (2) An applicant making an application for registration under the Act shall specify, in his application, the class of membership in which he seeks to be registered into.

    (3) The applicant shall complete and sign an appropriate form set out in the First Schedule.

    (4) An application made under this regulation shall be submitted to the Registration Council through the Registrar, accompanied by an application fee as prescribed under Part I of the Second Schedule.

3.    Documents in support of application

    An application for registration under the Act shall be supported by—

    (a)    a statutory declaration made by the applicant in the form set out in the Third Schedule;

    (b)    certified copies of any degrees, postgraduate diplomas or certificates on which the applicant relies on as qualifications for registration;

    (c)    in the case of an applicant for registration whose name has changed since the grant of his qualification, the legal document which provides evidence of such change of name; and

    (d)    a copy of the national identification document.

4.    Acceptance or refusal of registration

    (1) The Registration Council shall, once it receives the application form, review the application to ensure that it satisfies the minimum requirements of the class of membership to which it relates.

    (2) In considering whether the applicant meets the minimum requirements, the Registration Council shall take into account the applicant’s—

    (a)    physical or mental health;

    (b)    professional track record; and

    (c)    prior misconduct.

    (3) Where the application fails to meet the minimum requirements, the Registration Council shall inform the applicant of the failure of the application to meet the minimum requirements and the grounds therefor.

    (4) An applicant shall be afforded an opportunity to be heard in support of his application.

    (5) Where the Registration Council is satisfied that the application meets the minimum requirements in the class of membership applied for, it shall recommend to the Board that the applicant should take the relevant engineering qualifying examination within a specified period.

    (6) Where the applicant passes the examination referred to under subregulation (5), the Registration Council shall, upon approval of the Board, issue to the applicant a registration certificate in the form prescribed in the Fourth Schedule:

    Provided that any person qualifying for registration for the class of professional engineer and above, shall take an oath provided for at the back of the certificate before a commissioner for oaths.

    (7) Where the applicant fails the engineering qualifying examinations, the Registration Council shall advise the applicant accordingly and inform him of his right to take the examination one more time.

    (8) Where the applicant qualifies for registration into a particular class of membership, the applicant shall be entitled to use the description of that class of membership as prescribed in the Fifth Schedule.

5.    Registration fees

    (1) A person registered under the Act shall pay the fees prescribed under Part II of the Second Schedule for services listed under that Part.

    (2) A fee for registration under this Act shall not be refundable and shall be payable not later than 31st December of each year.

    (3) Where the fee for registration or any part thereof remains unpaid for more than thirty days after the due date, a penalty of fifty per cent of the amount due shall be imposed and shall…