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[接上页] (3) For the avoidance of doubt, it is hereby declared that- (a) compliance with subsection (1), (2), (3) or (4) of section 8 by a proprietor or contractor in respect of a relevant industrial undertaking specified in Part 1, 2, 3 or 4 of Schedule 3 shall not be treated as compliance with that subsection, or another subsection of that section, by the proprietor or contractor, as the case may be, in respect of any other relevant industrial undertaking specified in the same Part, or another Part, of that Schedule; (b) where a proprietor or contractor is required under this Regulation to develop, implement and maintain in respect of the relevant industrial undertaking a safety management system which contains 1 or more of the elements specified in Schedule 4, that requirement does not extend to any of those elements contained in provisions which have not commenced. Cap 59AF s 3 Register PART II REGISTRATION AS SAFETY AUDITOR OR SCHEME OPERATOR (1) The Commissioner shall establish and maintain a register in 2 parts in which he shall cause to be kept- (a) in Part 1, particulars of the names and addresses of all persons registered as safety auditors and such other matters, if any, as he thinks fit; (b) in Part 2, particulars of the names and addresses of all persons registered as scheme operators (including particulars of the schemes for which they are so registered) and such other matters, if any, as he thinks fit.(2) The register shall be available for inspection by the public free of charge at such offices of the Government as the Commissioner may direct, during the hours when those offices are open to the public. (3) The Commissioner shall enter in the register- (a) any amendment he considers necessary for the purposes of preserving the accuracy of the register in respect of the address or any other particulars relating to- (i) a person whose name appears therein; (ii) a scheme identified therein; and(b) where the registration of a person whose name appears therein is suspended under this Regulation, the period of time that registration is suspended.(4) The Commissioner shall remove from the register the name of a person- (a) who dies; (b) who requests in writing that his name be removed; or (c) whose registration is cancelled under section 29(2)(b).(5) Where any information- (a) supplied to the Commissioner by a person whose name appears in the register (and whether or not the information was supplied before, on or after the person's name appeared in the register); and (b) entered in the register pursuant to subsection (1),ceases to be accurate, then that person shall, not later than 21 days after the day on which the inaccuracy occurs, give notice in writing to the Commissioner of the inaccuracy together with such particulars as will enable the Commissioner to amend the register to remove the inaccuracy. Cap 59AF s 4 Eligibility for registration (1) A person is eligible for registration as a safety auditor if the person complies with the requirements of Schedule 1. (2) A person is eligible for registration as a scheme operator if the person and the scheme comply with the requirements of Schedule 2 respectively applicable to them. Cap 59AF s 5 Application for registration An application by a person for registration shall be made in the approved form to the Commissioner. Cap 59AF s 6 Determination of application (1) Subject to subsection (2), the Commissioner may, in his discretion, register a person as a safety auditor or scheme operator subject to such conditions, if any, in relation to that registration as he thinks fit. (2) The Commissioner shall not register a person unless he is satisfied that, in respect of the registration sought, the person is- (a) eligible to be so registered; (b) competent to be so registered; and (c) fit and proper to be so registered. Cap 59AF s 7 Commissioner to serve notice of decision on applicant (1) Where the Commissioner registers or refuses to register a person, he shall forthwith serve notice in writing of his decision on that person. (2) Where the Commissioner refuses to register a person or registers a person subject to conditions, the notice referred to in subsection (1) shall include- (a) an adequate statement of the reasons for the refusal or the conditions, as the case may be; and (b) a copy of section 30. Cap 59AF s 8 Duty of proprietor and contractor to develop, etc. safety management system PART III SAFETY MANAGEMENT SYSTEM, SAFETY POLICY AND SAFETY COMMITTEE (1) A proprietor or contractor specified in Part 1 of Schedule 3 shall develop, implement and maintain in respect of the relevant industrial undertaking a safety management system which contains the elements specified in Schedule 4. (2) A proprietor or contractor specified in Part 2 of Schedule 3 shall develop, implement and maintain in respect of the relevant industrial undertaking a safety management system which contains the elements specified in Part 1 of Schedule 4. |