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Duties and independence of accredited checkers, etc., and accredited checking organisations

Building Control Act 1989

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—(1) An accredited checker who —(a)is appointed in respect of any major building works; or(b)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.(2) The specialist accredited checker appointed under section 8(1) in respect of any geotechnical building works must check the geotechnical aspects of those building works in accordance with the building regulations and must carry out any other duties that may be prescribed by those regulations.(3) An accredited checker or a specialist accredited checker who contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 2 years or to both.(4) An accredited checker must not issue a certificate under section 5(2)(d) or 5A in respect of the plans of any building works —(a)if the accredited checker has any professional or financial interest in the building works shown in the plans described in the certificate; or(b)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 —(i)if the accredited checking organisation that is a corporation and any of its directors; or(ii)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.(5) A specialist accredited checker must not issue a certificate under section 5(2)(d) or 5A in respect of the geotechnical aspects of any geotechnical building works if the specialist accredited checker has any professional or financial interest in the geotechnical building works shown in the plans described in the certificate.(6) An accredited checker is regarded as having a professional or financial interest in any building works if —(a)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 —(i)do not affect any key structural element; or(ii)affect any structural element but the effects are localised in nature and do not require any strengthening of any key structural element;(b)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(c)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.(7) An accredited checking organisation is regarded as having a professional or financial interest in any building works if —(a)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 —(i)do not affect any key structural element; or(ii)affect any structural element but the effects are localised in nature and do not require any strengthening of any key structural element;(b)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(c)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.(8) For the purposes of this Act —(a)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(b)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.(9) For the purposes of this Act —(a)involvement in the building works as an accredited checker or a specialist accredited checker; and(b)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.(10) If a person who is —(a)an accredited checker;(b)a specialist accredited checker;(c)an accredited checking organisation that is a corporation; or(d)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 —(e)where the person is a corporation — a fine not exceeding $100,000; and(f)in any other case — a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both.

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