Laws of Malawi

PHYSICAL PLANNING: SUBSIDIARY LEGISLATION

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PHYSICAL PLANNING: SUBSIDIARY LEGISLATION

PHYSICAL PLANNING (PHYSICAL PLANNERS) REGULATIONS

ARRANGEMENT OF REGULATIONS

    REGULATION

PART I
PRELIMINARY

    1.    Citation

    2.    Interpretation

PART II
REGISTRATION OF PHYSICAL PLANNERS

    3.    Procedure for registration

    4.    Documents in support of application

    5.    Acceptance or refusal of registration

    6.    Registration fees

    7.    List of registered planners to be published in the Gazette

    8.    Notification of change of address

PART III
CODE OF CONDUCT OF PHYSICAL PLANNERS

    9.    Primary obligations of planners

    10.    Competence and other considerations

    11.    Avoidance of unfair competition

    12.    Conflict of interest generally

    13.    Disclosure of confidential information permitted in some circumstances

    14.    Inquiry into misconduct

        FIRST SCHEDULE

        SECOND SCHEDULE

        THIRD SCHEDULE

        FOURTH SCHEDULE

        FIFTH SCHEDULE

G.N. 29/2020

PHYSICAL PLANNING (PHYSICAL PLANNERS) REGULATIONS

under s. 99

PART I
PRELIMINARY

1.    Citation

    These Regulations may be cited as the Physical Planning (Physical Planners) Regulations.

2.    Interpretation

    In these Regulations, unless the context otherwise requires—

    “Board” means the Physical Planners Board established under section 73 of the Act; and

    “Registrar” means the Registrar appointed under section 82 of the Act.

PART II
REGISTRATION OF PHYSICAL PLANNERS

3.    Procedure for registration

    (1) An applicant for registration as a physical planner shall complete and sign the form set out in the First Schedule.

    (2) An application under this regulation shall be submitted to the Registrar.

    (3) An applicant shall pay to the Board at the time of lodging his application the application fee under the Second Schedule.

4.    Documents in support of application

    An application for registration 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 as qualifications for registration; or

    (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.

5.    Acceptance or refusal of registration

    (1) The Board may accept or reject an application for registration or renewal of registration.

    (2) The Board may reject an application if, in its opinion the applicant, notwithstanding the fact that he is otherwise qualified, is not a fit and proper person to be registered because of—

    (a)    physical or mental health;

    (b)    bad character and reputation;

    (c)    inadequate knowledge of the English language; or

    (d)    prior misconduct.

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

    (4) Where the Board—

    (a)    accepts an application for registration under these Regulations, it shall issue to the applicant a registration certificate in the form prescribed in the Fourth Schedule; and

    (b)    rejects an application for registration or renewal of registration, it shall give reasons for the rejection in writing.

6.    Registration fees

    (1) An application fee for registration as a physical planner shall not be refundable.

    (2) Registration fees shall be payable annually not later than 30th June of each year.

    (3) Where the registration fees or any part thereof remain 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 become part of the amount due and payable.

    (4) There shall be no reduction, proportionate or otherwise, in the amount of the fee payable even if the remaining period to the next 31st March from the date of registration or from the date of payment of the amount due is less than twelve months.

7.    List of registered planners to be published in the Gazette

    The Registrar shall, soon after 30th June of each year, publish in the Gazette a copy of the register containing a list of all registered physical planners, as prescribed in the Fifth Schedule.

8.    Notification of change of address

    Every physical planner shall notify the Registrar of any change in his business or correspondence address, as the case may be, within fourteen days of the change.

PART III
CODE OF CONDUCT OF PHYSICAL PLANNERS

9.    Primary obligations of planners

    A physical planner shall—

    (a)    conduct himself in such a manner as to uphold the reputation of the profession;

    (b)    discharge his duties with fairness and impartiality to the public, his employer and clients with efficiency, competence and confidentiality, without undue delay;

    (c)    exercise care in the performance of his duties, including adherence to workplace safety obligations and responsibilities; and

    (d)    not engage in conduct involving dishonesty, fraud, deceit, corruption or misrepresentation.

10.    Competence and other considerations

    A physical planner shall—

    (a)    only undertake work for the execution of which his training and experience have rendered him competent and employ only adequately qualified personnel as demanded by the…

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