Section 18

is appointed in respect of any major building works; or

is acting on behalf of an accredited checking organisation,must check the detailed structural plans and design calculations of the building works in accordance with the building regulations and must carry out any other duties that may be prescribed by those regulations.

if the accredited checker has any professional or financial interest in the building works shown in the plans described in the certificate; or

in the case where the accredited checker is a director, partner, member or an employee of an accredited checking organisation and acting on behalf of the accredited checking organisation —

if the accredited checking organisation that is a corporation and any of its directors; or

if any partner of the accredited checking organisation that is a partnership,has a professional or financial interest in the building works shown in the plans described in the certificate by the accredited checking organisation under section 5(2)(d) or 5A.

he or she is or has been responsible for the design or construction of the building or any of the building works in any capacity except building works relating to the alterations of the building which —

do not affect any key structural element; or

affect any structural element but the effects are localised in nature and do not require any strengthening of any key structural element;

he or she or any nominee of his or hers is a member or an officer or employee of a company or other body which has a professional or financial interest in the building works; or

he or she is a partner or is in the employment of a person who has a professional or financial interest in the building works.

any of its directors, partners, members or employees is or has been responsible for the design or construction of the building or any of the building works in any capacity except building works relating to the alterations of the building which —

do not affect any key structural element; or

affect any structural element but the effects are localised in nature and do not require any strengthening of any key structural element;

any nominee of the organisation is a member or an officer or employee of a company or other body which has a professional or financial interest in the building works; or

the organisation or any of its directors or partners is a partner or is in the employment of a person who has a professional or financial interest in the building works.

a person is treated as having a professional or financial interest in the building works even if the person has that interest only as trustee for the benefit of some other person; and

in the case of married people living together, the interest of one spouse is, if known to the other, deemed to be also an interest of the other.

involvement in the building works as an accredited checker or a specialist accredited checker; and

entitlement to any fee paid for his or her function as an accredited checker or a specialist accredited checker,is not regarded as constituting a professional or financial interest.

an accredited checker;

a specialist accredited checker;

an accredited checking organisation that is a corporation; or

a partner of an accredited checking organisation that is a partnership, or a director of an accredited checking organisation that is a corporation,contravenes subsection (4) or (5) (as the case may be), the person shall be guilty of an offence and shall be liable on conviction to —

where the person is a corporation — a fine not exceeding $100,000; and

in any other case — a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both.