Singapore legislation
Clause 11
Clause 11
Amendment of Land Surveyors Act
The Land Surveyors Act (Cap. 156, 2006 Ed.) is amended —
by inserting, immediately after the word “corporations” in the long title, the words “, partnerships and limited liability partnerships”;
by deleting the definitions of “licensed” and “manager” in section 2 and substituting the following definitions:“ “licensed”, in relation to a corporation, partnership or limited liability partnership, means a corporation, partnership or limited liability partnership which has in force a licence;“limited liability partnership” has the same meaning given to it by section 4(1) of the Limited Liability Partnerships Act 2005 (Act 5 of 2005);“manager” —
in relation to a corporation or partnership, means the principal executive officer of the corporation or partnership for the time being by whatever name called and whether or not he is a director or partner thereof; and
in relation to a limited liability partnership, has the same meaning as in section 2(1) of the Limited Liability Partnerships Act 2005;”;
by deleting the definition of “practising certificate” in section 2 and substituting the following definition:“ “practising certificate” —
in relation to a registered surveyor, means an annual practising certificate issued under section 15 authorising him to engage in survey work in Singapore;
in relation to an allied professional who is an architect registered under the Architects Act (Cap. 12), means a practising certificate issued under section 18 of that Act; and
in relation to an allied professional who is a professional engineer registered under the Professional Engineers Act (Cap. 253), means a practising certificate issued under section 18 of that Act;”;
by deleting the words “and partnerships” in the definition of “register of licensees” in section 2 and substituting the words “, partnerships and limited liability partnerships”;
by inserting, immediately after the word “examinations” in section 7(1)(b), the words “and professional interviews”;
by deleting the words “or partnerships” in section 7(1)(f) and (g) and substituting in each case the words “, partnerships or limited liability partnerships”;
by deleting the words “and partnerships” in sections 7(1)(h) and 9(1)(c) and substituting in each case the words “, partnerships and limited liability partnerships”;
by deleting the words “authorised surveyor or a registered surveyor, and” in section 10(1) and substituting the words “authorised surveyor or a registered surveyor who”;
by inserting, immediately after the words “licensed partnership” in section 10(2) (penultimate line) and (3)(a), the words “, a licensed limited liability partnership”;
by inserting, immediately after the words “licensed partnership” in section 10(3)(b), the words “or a licensed limited liability partnership”;
by inserting, immediately after the word “corporation” in section 10(3)(c), the words “or a licensed limited liability partnership”;
by deleting the words “who has in force a practising certificate” in section 10(4)(b);
by inserting, immediately after the word “corporation” wherever it appears in section 11 and in the section heading, the words “or limited liability partnership”;
by deleting subsection (1) of section 12 and substituting the following subsection:“(1) Subject to the provisions of this Act, every person who is 21 years of age and above shall, on payment of the prescribed fee, be entitled to be registered under this Act if ––
he satisfies the Board that he has ––
obtained a certificate of competency issued by the Board after passing the prescribed examination;
passed a professional examination recognised by the Board and passed such further examination and had such practical experience in surveying in Singapore as the Board may prescribe; or (iii)had such proper training in surveying recognised by the Board and passed such other examination as the Board may require; and
he has passed a professional interview conducted by the Board to determine whether he has the aptitude and knowledge to effectively perform or engage in survey work in Singapore.”;
by inserting, immediately after the words “allied professionals” in section 17(1)(c), the words “, who each has in force a practising certificate”;
by inserting, immediately after the words “allied professional” in section 17(2)(b)(i), the words “, who has in force a practising certificate”;
by deleting paragraph (a) of section 17(3) and substituting the following paragraph:“(a)the partnership is one in which only registered surveyors and allied professionals, each of whom shall have in force a practising certificate, have a beneficial interest in the capital assets and profits of the partnership; and”;
by deleting subsection (4) of section 17 and substituting the following subsection:“(4) Subject to the provisions of this Act, the Board may grant a licence to any limited liability partnership to supply survey services in Singapore if —
the statement lodged by the partners of the limited liability partnership with the Registrar of Limited Liability Partnerships under section 15(1) of the Limited Liability Partnerships Act 2005 (Act 5 of 2005) provides that a primary nature of the business of the limited liability partnership is to supply survey services in Singapore;
the partners in the limited liability partnership consist only of persons who satisfy such requirements as the Board may, with the approval of the Minister, prescribe;
at least one of the partners of the limited liability partnership is a registered surveyor who has in force a practising certificate;
the business of the limited liability partnership, so far as it relates to survey services in Singapore, will be under the control and management of a partner who —
is a registered surveyor who has in force a practising certificate; and
is authorised under a resolution of the partners of the limited liability partnership to make all final survey decisions on behalf of the limited liability partnership with respect to the requirements of this Act, the rules or any other law relating to the supply of survey services by the limited liability partnership; and
the limited liability partnership is insured against professional liability in accordance with section 21 and the rules made under section 38.”;
by deleting subsection (6) of section 17 and substituting the following subsection:“(6) The Board may refuse to grant a licence under this section to any corporation (whether unlimited or not), partnership or limited liability partnership if, in the opinion of the Board, the past conduct of any director, manager or employee of the corporation or any partner, manager or employee of the partnership or limited liability partnership affords reasonable grounds for believing that the corporation, partnership or limited liability partnership, as the case may be, will not supply survey services in accordance with any written law and with honesty and integrity.”;
by deleting the words “corporation or partnership that the corporation or partnership” in section 18(1) and substituting the words “corporation, partnership or limited liability partnership that the corporation, partnership or limited liability partnership, as the case may be,”;
by deleting the word “or” at the end of paragraph (c) of section 18(1), and by inserting immediately thereafter the following paragraph:“(ca)in the case of a limited liability partnership, a partner or an employee of the limited liability partnership; or”;
by deleting subsection (2) of section 18 and substituting the following subsection:“(2) It shall be a condition of every licence granted to any corporation (other than an unlimited corporation) or to any limited liability partnership that the corporation or limited liability partnership shall not supply survey services in Singapore unless the corporation or limited liability partnership is insured in respect of professional liability in accordance with section 21 and the rules made under section 38.”;
by inserting, immediately after subsection (2) of section 19, the following subsection:“(3) Any licensed limited liability partnership shall, within 30 days of the occurrence of any change in the composition of its partners, furnish the Board a true report in writing giving full particulars of the change.”;
by repealing sections 21 and 22 and substituting the following sections:“Liability insurance
21. Every licensed corporation which is not an unlimited corporation and every licensed limited liability partnership shall be insured against liability for any breach of professional duty arising out of the conduct of its business of supplying survey services as a direct result of any negligent act, error or omission committed by —
in the case of a corporation, the corporation or its directors, managers, secretaries or employees; or
in the case of a limited liability partnership, the partnership or its partners, managers or employees.Relationship between client and licensed corporation or licensed limited liability partnership
22. A licensed corporation or a licensed limited liability partnership shall have the same rights and shall be subject to the same obligations in respect of fiduciary, confidential and ethical relationships with each client of the corporation or limited liability partnership, as the case may be, that exist at law between a registered surveyor and his client.”;
by deleting the words “or licensed partnership” in section 23 and substituting the words “, licensed partnership or licensed limited liability partnership”;
by deleting paragraph (g) of section 25(1) and substituting the following paragraph:“(g)if it appears to the Board that the registered surveyor, while being a director, manager, or an employee of a corporation, or a partner, manager or an employee of a partnership or limited liability partnership, had failed to take reasonable steps to prevent the corporation, partnership or limited liability partnership from acting in a manner (other than as described in section 27(1)(e)) which would warrant the Board revoking any licence granted to the corporation, partnership or limited liability partnership or imposing a penalty under section 27;”;
(za)by deleting paragraph (c) of section 26(1) and substituting the following paragraph:“(c)who has no address in Singapore at which he can be contacted or sent any document using his particulars in the register.”;
(zb)by inserting, immediately before the words “the memorandum” in section 27(1)(b), the words “in relation to a corporation,”;
(zc)by deleting the words “, (2) or (4)” in section 27(1)(b) and substituting the words “or (2)”;
(zd)by inserting, immediately before the words “a person” in section 27(1)(c), the words “in relation to a partnership,”;
(ze)by inserting, immediately after the words “allied professional” in section 27(1)(c)(ii), the words “who has in force a practising certificate”;
(zf)by inserting, immediately after paragraph (c) of section 27(1), the following paragraph:“(ca)in relation to a limited liability partnership, the limited liability partnership no longer satisfies the requirements of section 17(4);”;
(zg)by inserting, immediately after the words “of the partnership” in section 27(1)(h), the words “or limited liability partnership”;
(zh)by deleting subsection (4) of section 33 and substituting the following subsection:“(4) The Board may invest its moneys in accordance with the standard investment power of statutory bodies as defined in section 33A of the Interpretation Act (Cap. 1).”;
(zi)by inserting, immediately after the word “partnership” wherever it appears in section 35, the words “, limited liability partnership”;
(zj)by inserting, immediately after the words “registered surveyors” in section 38(2)(g)(i), the words “applying for a licence”; and
(zk)by deleting the words “or partnership” wherever they appear in the following provisions and substituting in each case the words “, partnership or limited liability partnership”:Sections 15(3)(a)(ii), 18(4), 24(1) and (4), 25(7), 27(1) to (7), 28, 32(1) and 34(b)(i).