Clause 9

by deleting subsection (1) and substituting the following subsection:“(1) Subject to the provisions of this Act, a person must not, in Singapore, engage in any of the prescribed branches of professional engineering work, or draw or prepare any plan, sketch, drawing, design, specification or other document relating to any of the prescribed branches of professional engineering work, unless the person —

is a registered professional engineer who has in force a practising certificate authorising him to engage in that prescribed branch of professional engineering work;

is working under the direction or supervision of a person mentioned in paragraph (a);

being a foreign engineer, is authorised by the Board to engage in such professional engineering work in collaboration with a person mentioned in paragraph (a);

is a licensed professional engineering practice licensed to supply professional engineering services relating to that prescribed branch of professional engineering work; or

is a partnership consisting wholly of registered professional engineers —

each of whom has in force a practising certificate; and

one or more of whom is authorised to engage in that prescribed branch of professional engineering work.”;

by inserting, immediately after the words “The Board may” in subsection (1A), the words “, upon the payment of the prescribed fee,”;

by inserting, immediately after the words “relating to any” in subsection (2)(a) and (b), the words “of the prescribed branches of”; and

by deleting subsections (4), (5), (5A), (6), (7) and (8) and substituting the following subsections:“(4) Subject to the provisions of this Act, a person must not advertise or hold himself out, or conduct himself in any way or by any means, as a person who is authorised to supply in Singapore, professional engineering services relating to any of the prescribed branches of professional engineering work, unless the person is —

a registered professional engineer who has in force a practising certificate authorising him to engage in that prescribed branch of professional engineering work to which those services relate;

a licensed professional engineering practice licensed to supply professional engineering services relating to that prescribed branch of professional engineering work; or

a partnership consisting wholly of registered professional engineers —

each of whom has in force a practising certificate; and

one or more of whom is authorised to engage in that prescribed branch of professional engineering work.(5) Nothing in subsection (4) prevents a licensed professional engineering practice from carrying on any activity necessary to the winding up of that practice.(6) Subject to the provisions of this Act, a person must not —

supply in Singapore, professional engineering services relating to any of the prescribed branches of professional engineering work unless the person is —

a licensed professional engineering practice licensed to supply professional engineering services relating to that prescribed branch of professional engineering work; or

a registered professional engineer who has in force a practising certificate authorising him to engage in the prescribed branch of professional engineering work to which those services relate, and is doing so —

on the person’s own account or as a director, partner or employee (as the case may be) of a licensed professional engineering practice mentioned in sub‑paragraph (i); or

as a partner in a partnership consisting wholly of registered professional engineers who each has in force a practising certificate; or

offer to supply in Singapore, professional engineering services relating to any of the prescribed branches of professional engineering work unless the person is —

a person mentioned in paragraph (a)(i) or (ii);

an allied professional who is doing so only by reason of being a partner in a licensed partnership or licensed limited liability partnership; or

a foreign engineer authorised under subsection (1)(c) to engage in the prescribed branch of professional engineering work to which those services relate.(7) Despite subsection (6), a builder may in connection with any building works which the builder undertakes to carry out, supply or offer to supply in Singapore, professional engineering services relating to any of the prescribed branches of professional engineering work if —

the professional engineering services are provided by a person mentioned in subsection (6)(a); or

the professional engineering services —

are provided by a registered professional engineer employed by the builder, and the registered professional engineer has in force a practising certificate authorising him to engage in the professional engineering work to which those services relate; and

relate to any of the prescribed works necessary for the progress of the building works.(8) Any person who contravenes subsection (1), (2), (3), (4) or (6) shall be guilty of an offence and shall be liable on conviction —

in the case of a natural person —

to a fine not exceeding $5,000; and

if the person is a repeat offender, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both; and (b)in the case of a body corporate —

to a fine not exceeding $5,000; and

if the body corporate is a repeat offender, to a fine not exceeding $10,000.(9) In this section, a person is a repeat offender if the person who is convicted, or found guilty, of an offence under subsection (8) has (whether before, on or after the date of commencement of section 9(d) of the Professional Engineers (Amendment) Act 2017) been convicted or found guilty on at least one other earlier occasion of —

an offence under subsection (8) for contravening subsection (1), (2), (3), (4) or (6); or

an offence under subsection (6) as in force immediately before that date for contravening subsection (1), (2), (3), (4) or (5) as in force immediately before that same date.”.