【法规名称】
【法规编号】 79811 什么是编号？
【正 文】
第6页 CAP 123 BUILDINGS ORDINANCE
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[接上页] (10) Where an application made under subsection (6) is refused or deferred under subsection (9) or (9A), the applicant may appeal under section 44 from the refusal or decision to defer. (Replaced 77 of 1994 s. 3) (11) The Building Authority may remove from the authorized persons' register or the structural engineers' register, after sending by post notice of his intention to the last known address of the person, the name of any person who- (a) is deceased; or (Amended 77 of 1994 s. 3) (b) is not practising the profession in respect of which the name of that person was included in the register. (Replaced 75 of 1976 s. 2. Amended 77 of 1994 s. 3) (c) (Repealed 77 of 1994 s. 3)(11A) A name included or retained in or restored to the authorized persons' register or the structural engineers' register or both such registers, under this section or pursuant to section 53F, shall be removed by the Building Authority (with or without notice to the person concerned) if the Building Authority does not- (a) before the date of expiry of the relevant registration, receive an application under subsection (9B) as regards such registration; or (b) allow such an application received by him,and any such removal shall be effective from the date of expiry of that registration. (Added 77 of 1994 s. 3) (11B) The Building Authority shall remove a name included or retained in or restored to the authorized persons' register or the structural engineers' register under this section or section 53F if the Building Authority receives notice that an authorized person or a registered structural engineer has ceased to hold the prescribed qualifications by virtue of which he was registered. (Added 54 of 1996 s. 4) (11C) The Building Authority shall give notice of the removal of a name from a register under subsection (11B), by prepaid registered post to the person's last known address. (Added 54 of 1996 s. 4) (12) A person whose name is removed under subsection (11A), (11B) or (11C) may, within 2 years beginning on the date the relevant registration expires, apply for the restoration of his name to the relevant register. (Replaced 77 of 1994 s. 3) (13) An application under subsection (12) shall- (a) be in the specified form; (b) (Repealed 54 of 1996 s. 4) (c) be accompanied by the prescribed fee for such restoration and the prescribed fee for retention of registration for 12 months; (Added 77 of 1994 s. 3) (d) be accompanied by a copy of a valid certificate of registration or of renewal of registration issued under the respective Registration Ordinance. (Added 54 of 1996 s. 4)(13A) The Building Authority shall refuse an application under subsection (12) unless the applicant holds the prescribed qualifications for registration as an authorized person or a registered structural engineer. (Added 54 of 1996 s. 4) (14) Where the Building Authority allows an application made under subsection (6), (9B) or (12) he shall- (a) issue to the applicant as regards the relevant registration a certificate of registration, which shall be in effect until the expiry of that registration; and (b) in the case of an application under subsection (12), restore the name of the applicant to the relevant register. (Added 77 of 1994 s. 3)(15) A registration under this section shall- (a) be effective, in the case of- (i) an inclusion in or restoration to a register of a person's name, from the date of such inclusion or restoration; and (ii) a retention or further retention of a person's name in a register, from the date of the expiry of the previous registration; and(b) expire, unless the person's name is removed from the relevant register by order of a disciplinary board, at the expiry of 12 months from the effective date of registration calculated in accordance with paragraph (a). (Replaced 54 of 1996 s. 4)(16) The Building Authority is required to give reasons in writing for a decision not to include, retain or restore a person's name in a register at the time of giving notice of the refusal. (Added 54 of 1996 s. 4) (Replaced 52 of 1974 s. 4. Amended 54 of 1996 s. 4)______________________________________________________________________________ Note: Please see the transitional provisions contained in s. 33 of 54 of 1996, which section is reproduced as follows: "33. Transitional (1) An authorized person or registered structural engineer who is on the authorized persons' register or the structural engineers' register at the commencement of this Ordinance continues to be on the relevant register until the expiry of the registration under the principal Ordinance as if this Ordinance had not been enacted. (2) An applicant who has passed an examination under regulation 3(1)(d)(iii), (2)(d)(iii) and (4)(d)(iii) of the Building (Administration) Regulations (Cap 123 sub. leg.) and who applies within 12 months from the commencement of this Ordinance is deemed to have satisfied section 3(7)(a) of the principal Ordinance as enacted by section 4(5) of this Ordinance, and his application is considered accordingly.". |
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