Engineers (Registration etc) Amendment Act, 2019.
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ENGINEERS (REGISTRATION, ETC.) (AMENDMENT) ACT, 2018
EXPLANATORY MEMORANDUM
This Act amends the Engineers (Registration, etc.) Act, Cap E11, Laws of the Federation of Nigeria, 2004 to, among other things, broaden the powers of the Council and its Registrar, recognise the diversity of engineering profession and provide for engineering regulation monitoring.
ENGINEERS (REGISTRATION, ETC.) (AMENDMENT) ACT, 2018
ARRANGEMENT OF SECTIONS
1. Amendment of Cap. E11, LFN, 2004.
2. Amendment of long title.
3. Amendment of section 1.
4. Substitution for section 2.
5. Substitution for section 4.
6. Insertion of new sections 4A – 4D.
7. Amendment of section 6.
8. Amendment of section 7.
9. Amendment of section 11.
10. Amendment of section 13.
11. Substitution for section 14.
12. Amendment of section 15.
13. Amendment of section 16.
14. Amendment of section 17.
15. Amendment of section 18.
16. Insertion of new sections 18A – 18D.
17. Amendment of section 19.
18. Amendment of section 20.
19. Insertion of new section 21A.
20. Amendment of section 22.
21. Amendment of First Schedule.
22. Insertion of Third Schedule.
23. Citation.
ENGINEERS (REGISTRATION, ETC.) (AMENDMENT) ACT, 2018
An Act to amend the Engineers (Registration, etc.) Act, Cap. E11, Laws of the Federation of Nigeria, 2004 to, amongst other things, broaden the powers of the Council and its Registrar and recognise the diversity of engineering profession; and for related matters.
(Commencement) [18th MACRH, 2019]
ENACTED by the National Assembly of the Federal Republic of Nigeria –
Amendment Cap. E11, LFN, 2004.
1. The Engineers (Registration, etc.) Act, Cap Ell, Laws of the Federation of Nigeria, 2004 (in this Act referred as “the Principal Act”) is amended as set out in this Act.
Amendment of long title
2. The long title of the Principal Act is amended by substituting for the words, “of Registered Engineers of’, the words, “for the Regulation of Engineering in”.
Amendment of section 1-
3. Section 1 of the Principal Act is amended –
(a) in subsection (1)
(i) paragraph (a), by substituting for the word, “engineers”, the words, “engineering practitioners”,
(ii) paragraph (b), by substituting for the word, “engineers”, in line 2, the words, “engineering practitioners” ,
(iii) paragraph (c), by substituting for the words, “a register”, in line 2, the word, “registers”, and word, “engineers”, in line 2, the words, “engineering practitioners”, and
(iv) by substituting for paragraph (e), new paragraphs
“(e)” – “(i)”-
“(e) prosecuting any person or firm that contravenes the provisions of this Act in a court of competent jurisdiction;
(f) regulating industrial training schemes in engineering for the training of engineering practitioners and students;
(g) ensuring capacity building and monitoring local content development in the Nigerian engineering industry through –
(i) mandatory attachment of Nigerians to expatriate engineers on major projects to understudy them from inception,
(ii) ensuring that all foreign engineering firms establish their design offices in Nigeria,
(iii) granting of compulsory attestation to all expatriate quota applications for engineering practitioners, including turnkey project, that there are no qualified and competent Nigerians for the job in question at the time of application and that granting of the expatriate quota shall be contingent on training of such number of persons as may be required for the execution of the job, and
(iv) ensuring that, before being allowed to practise in Nigeria, such foreign engineering practitioners granted work permit, register with the Council and obtain such licences including practising licences as may be required from time to time;
(h) investigating engineering failures; and
(i) performing other functions conferred on the Council by this Act; and
(b) in subsection (2)-
(i) by substituting for the words, “register of engineers”, in line 2, the words, “registers of engineering practitioners”,
(ii) in paragraph (c), by inserting after the word, “rotation”, the words, “provided that they are serving Deans of Engineering”,
(iii) in paragraph (d), by inserting after the word, “rotation”, the words, “provided that he is a serving Dean of Engineering”,
(iv) in paragraph (f), by inserting after the word, “rotation”, the words, “provided that no two persons shall be appointed from the same geopolitical zone”, and .
(v) by substituting for paragraphs (g) and (h), new paragraphs “(g)” – “(i)” –
“(g) four persons to be appointed by the Minister of whom one shall be from the Ministry under his control and the other persons from amongst other interests in the field of engineering covered by this Act which,’ in his opinion, are not adequately represented”;
(h) one person each to represent-
(i) Nigerian Association of Technologists in Engineering,
(ii) Nigerian Society of Engineering Technicians, and
(iii) Nigerian Association of Engineering Craftsmen; and
(i) one person each appointed to represent the-
(i) Association for Consulting Engineering in Nigeria,
(ii) Federation of Construction Industry in Nigeria,
(iii) Manufacturers Association of Nigeria, and
(iv) Armed Forces in rotation.”
Substitution for section 2
4. (1) Substitute for section 2 of the Principal Act, a new section “2”-
“Financial provisions
2. (1) The Council shall establish and maintain a fund (in this Act referred to as “the Fund”) into which shall be paid and credited –
(a) money appropriated by the National Assembly;
(b) all subventions, fees, fines, penalties, and charges for services rendered or publications made by the Council;
(c) gifts, endowments, bequests, loans, donations, grants or aids;
(d) foreign aids and ‘assistance from bilateral and multilateral agencies;
(e) forfeiture surcharge from funds forfeited to the Federal Government of Nigeria by offenders under this Act;
(f) engineering development levy from all engineering projects undertaken by the Federal Government of Nigeria; and
(g) other assets which may accrue to the Council.
(2) The Council may apply the proceeds of the Fund for –
(a) the cost of administration of the Council;
(b) the payment of salaries, fees and other remuneration of employees of the Council, experts or professionals appointed by the Council;
(c) maintenance of any property acquired by, or vested in, the Council;
(d) the development and periodic revision of the Nigerian Engineering Codes and Standards;
(e) . the operation of Engineering Regulations Monitoring; and
(f) any expenditure connected with all or any function of the Council under this Act.
(3) The Council shall prepare and submit to the Minister, not later than the 30th of September of each year, an estimate of its income and expenditure for the next succeeding financial year.
(4) The Council shall keep proper accounts in respect of each accounts and shall cause its accounts to be audited as soon as may be after the end of the financial year to which the accounts relate, by a firm of auditors approved in respect of that year by the Council.
(5) The supplementary provisions relating to the payment and collection of levies, fees, charges, surcharges or other stipulated sources of funding under this Act are as set out in the Third Schedule to this Act.”
Third Schedule.
Substitution for section 4.
“Registrar of the Council.
4. (1) There shall be, for the Council, a Registrar who shall be appointed by the Council.
(2) The Registrar is-
(a) the Chief Executive and Accounting Officer of the Council;
(b) a registered engineer who possesses such relevant qualifications as determined by the Council; and
(c) responsible for the execution of policy and the administration of the affairs of the Council.
(3) The Registrar shall hold office –
(a) for a term of three years in the first instance and may be reappointed for a further term of three years and no more; and
(b) on such terms and conditions as may be specified in his letter of appointment.”
Insertion of new sections 4A – 4D.
6. Insert after section 4 of the Principal Act, new sections “4A” – “4D” –
“Preparation and maintenance of the registers.
4A. (1) The Registrar shall prepare and maintain, in accordance with rules made by the Council under this section, registers of names, addresses and approved qualifications and, of such other particulars as may be specified, of all persons who are entitled, in accordance with the provisions of this Act, to be registered as registered engineering practitioners and who apply in the specified manner to be so registered.
(2) The registers of engineering practitioners (in this Act referred to as the “the Registers”) shall consist of registered –
(a) engineers;
(b) engineering technologists;
(c) engineering technicians;
(d) engineering craftsmen;
(e) engineering consulting firms; and
(f) engineering firms compiled subject to the provisions of section 10 of this Act.
(3) Subject to the provisions of this Act, the Council shall make rules with respect to the form (including digital or electronic), keeping of the registers and the making of entries in the registers, and in particular –
(a) regulating the making of applications for registration and periodic practising licence and providing for the evidence to be produced in support of applications;
(b) providing for the notification to the Registrar, by the person to whom the registered particulars relate, of any change in those particulars;
(c) authorising a registered person to have any qualification which is, in relation to the relevant division of the profession whether an approved qualification or an accepted qualification for the purpose of section 6 (2) of this Act, registered in relation to his name in addition to or, as he may elect, in substitution for, any other qualification so registered;
(d) specifying the fees to be paid to the Council in respect of the entry of names on the registers and issuance of licences and authorising the Registrar to refuse to enter a name on a register or issue licences until the fees specified for such entry have been paid;
(e) relating to the issuance of practising licence and specification of period of validity and the fees to be paid;
(f) specifying the manner in which professional associations may certify their members for the purpose of registration under this Act; and
(g) specifying anything not specified under the provisions of this section.
(4) The Registrar shall –
(a) correct, in accordance with the Council’s directions, any entry in the register which the Council directs him to correct as being, in the Council’s opinion, an entry which was incorrectly made;
(b) make any necessary alteration to the registered particulars of registered persons;
(c) remove from the register the name of any registered person who has died;
(d) remove, from the relevant register of engineering practitioners, all particulars relating to persons registered improperly out of misinformation, expiration of resident permits or any other grounds;
(e) remove, from the’ appropriate register, any person who, after due inquiry, is adjudged by the Council to have been guilty in his professional capacity of infamous conduct, gross negligence or incompetence; or
(f) remove from the appropriate register, any person who is convicted of any criminal offence which, in the opinion of the Council, renders him unfit to practise”.
(5) If the Registrar-
(a) sends by post or electronic means to any registered person a registered letter or electronic mail addressed to him at his address on the register and copied to the respective professional associations; enquiring whether the registered particulars relating to him are correct and receives no reply to the letter within the period of six months from the date of posting it, and
(b) upon the expiration of that period, sends in like manner to the person in question a second similar letter and receives no reply to that letter within three months from the date of posting it, the Registrar may remove the particulars relating to the person in question from the relevant register.
(6) Upon appeal, the Council may direct the Registrar to restore to the appropriate part of the register the particulars so removed.”
Other staff of the Council.
4B. (1) The Council may appoint such officers and.other employees as it may deem necessary..
(2) Subject to the Pensions Reform Act, the terms and conditions of service (including remunerations, allowances, benefits and pensions) of officers and employees of the Council shall be determined by the Council.
Act No. 4, 2014
Staff regulations.
4C. The Council may, subject to the provisions of this Act, make staff regulations relating generally to the conditions of service of the employees of the Council, and such regulations may provide for –
(a) the appointment, promotion and disciplinary control (including dismissal) of the employees of the Council; and .
(b) appeals by such employees against. dismissal or other disciplinary measures.
Pensions provisions.
4D. The employees of the Council are entitled to pensions and other retirement benefits as prescribed under the Pensions Reform Act.”
Act No, 4, 2014.
Amendment of section 6.
7. Section 6 of the Principal Act is amended by-
(a) substituting for the word, “engineers” in the marginal note, the words, “engineering practitioners”;
(b) substituting for subsection (1), a new subsection “(1)”-
“(1) Subject to section 16 of this Act, a person is entitled to be fully registered under this Act if he has satisfied the requirements of his professional association and –
(a) attended a course of training approved by the Council under this Act;
(b) the course was conducted at an institution so accredited, or partly at one such institution and partly at another or others;
(c) he holds a qualification so approved; and
(d) he holds a certificate of experience issued under sections 9 and 13 of this Act.”;
(c) in subsection (3), by deleting the word, “provisionally” in line 1; and
(d) inserting after subsection (3), new subsections “(4)” and “(5)”-
“(4) Fully registered engineering practitioners shall have their practising licence renewed annually as may be provided for by regulations made under this Act.
(5) Registered engineering consulting firms shall have their practising licence renewed biennially as may be provided for by regulations made under this Act.”
Amendment of section 7.
8. Section 7 (2) of the Principal Act is amended by substituting for the word, “after”, in line 1, the word, “before”.
Amendment of section 11.
9. Section 11 of the Principal Act is amended-
(a) in the marginal note, by inserting before the word, “consultants”, the word, “engineering”;
(b) in subsection (1), by deleting the word, “annually” in line 1;
(c) by substituting for subsection (2), a new subsection “(2)” –
“(2) An organisation performing engineering consultancy shall not put itself out, solicit for or offer engineering services to the public or engage in engineering practice unless it is registered under this Act and such organisation shall hold a valid practising licence.”; and
(d) by deleting subsection (3).
Amendment of section 13.
10. Section 13 of the Principal Act is amended-
(a) in subsection (2) –
(i) paragraph (b), by substituting for the word, “engineers” in line 2, the words, “engineering practitioners”,
(ii) substituting for paragraph (c), new paragraphs “(c)” – “(e)” –
“(c) he shall have undergone an organised and supervised post-graduation industry training;
(d) in the case of a craftsman, he has completed a minimum of two years working experience in his trade and submits an acceptable attestation”; and
(e) the manner in which he discharged his duties as an employee and his conduct during the period of his employment shall have been satisfactory”, and
(b) in subsection (3), by-
(i) substituting for the word, “persons”, in line 2, the word, “practitioners”; and
(ii) substituting for the expression, “paragraph (b) of subsection (2)”, in line 4, the expression, “subsection (2) (b)”; and
(c) by inserting after subsection (5), a new subsection “(6)”-
“(6) For the purposes of this section, experience includes all work done during practical training sessions provided for by an Act of the National Assembly.”
11. Substitute for section 14 of the Principal Act, a new section “14”-
Substitution for section 14.
“Posting of professionals to relevant places
14. (1) The Directorate of the National Youth Service Corps shall ensure posting of graduate engineers and technologists to places of relevant professional engineering experience.
(2) Pursuant to the provision of subsection (1), the Directorate of National Youth Service Corps shall communicate the location of graduate engineers and engineering technologists to the Council.”
Amendment of section 15.
12. Section 15 of the Principal Act is amended-
(a) in subsection (1), by substituting for the words, “Registered Engineers”, in line 1, the word, “Engineering”;
(b) in subsection (2), by substituting for the expression, “paragraph (d) of subsection (2)”, in line 3, the expression, “subsection (2) (b)”;
(c) in subsection (3) –
(i) by substituting for the words, “Registered Engineers”, in line I, the word, “Engineering”,
(ii) in paragraph (a), by deleting the words, “fully or provisionally”, in line 2; and
(d) in subsection (4), by substituting for the words, “seven members of the Council”, the words, “the Chairman who shall be a Council member, two other Council members and four other non-Council members who shall be knowledgeable in the matter under investigation”.
Amendment of section 16.
13. Section 16 (1) of the Principal Act is amended –
(a) in paragraph (a), by substituting for the word, “engineer”, in line 4, the words, “engineering practitioner”;
(b) by deleting paragraph (b);
(c) in paragraph (d), by substituting for the words, “engineers or engineering consultants without the annual registration” in line 2, the words, “engineering practitioners without practicing licence”; and
(d) by renumbering the subsection appropriately.
Amendment of section 17.
14. Section 17 of the Principal Act is amended .,
(a) in the marginal note, by deleting the word, “Provisional”;
(b) in subsection (1) (a), by inserting after the word, “engineer”, in line 2, the word “or engineering technologist”;
(c) in subsection (1) (b), by inserting after the word, “engineer”, the words, “or engineering technologist”;
(d) in subsection (5), by inserting after the word, “engineer”, in line 2, the words, “or engineering technologist”; and
(e) by inserting after subsection (6), a new subsection “(7)”-
“(7) The provisions of this section shall be subject to the provisions of section 1 (1) (g) of this Act.”
Amendment of section 18.
15. Section 18 of the Principal Act is amended-
(a) in subsection (1) –
(i) by substituting for the word, “engineer”, in line 1, the words, “engineering practitioner”, and
(ii) in paragraph (b), by substituting the word, “engineer”, in line 2, the words “engineering practitioner”;
(b) in subsection (2) –
(i) paragraph (a), by substituting for the word, “engineer”, in line 2, the words, “engineering practitioner”; and
(ii) paragraph (b), by substituting for the word, “engineer”, in line 2, the words, “engineering practitioner”;
(c) by substituting for subsections (4) – (6), new subsections “(4)” – “(12)”-
“(4) An engineering practitioner who practises without paying his practising fee commits an offence.
(5) A person or organisation who offers engineering consultancy or charges a professional fee without a valid licence issued by the Council commits an offence and is liable on conviction to a fine five times the annual fees.
(6) An organisation not registered by the Council which offers engineering consultancy commits an offence and, on conviction shall forfeit all proceeds of the transaction to the Federal Government of Nigeria.
(7) If the Registrar or any other person employed by the Council willfully makes any falsification in any matter relating to the Register, he commits an offence.
(8) A person who contravenes subsection (1), commits an offence and is liable on conviction to forfeit all proceeds of the transaction to the Federal Government of Nigeria.
(9) A person who contravenes subsection (2), commits an offence and is liable on conviction to loose his licence for a minimum term of One year and maximum term of five years.
(10) A person who contravenes subsection (3), commits an offence and is liable on conviction to a fine not less than N2,500,000.00.
(11) A person who contravenes subsection (6), shall, on conviction, loose his licence for a minimum term of one year and maximum term of five years and pay a fine of not less than N1,000,000.00.
(12) Any person who contravenes the provisions of any regulation made under this Act, commits an offence and is liable on conviction to the penalties provided in that regulation.”
Insertion of new sections 18A – 18D.
16. Insert after section 18 of the Principal Act, new sections “18A” – “18D”-
“Legal proceedings.
“18A. (1) Subject to section 174 of the Constitution of the Federal Republic of Nigeria, the Council is responsible for –
(a) prosecuting offenders under this Act; and
(b) conducting such proceedings as may be necessary for the enforcement and due administration of this Act.
(2) Subject to subsection (1), a staff of the Council who is a Legal Officer within the meaning of the Legal Practitioners Act is, while in the employment of the Council, entitled to represent the Council as a Legal Practitioner for the purpose and in the course of his employment.
(3) Proceedings under this section may be undertaken by the Council or a person authorised by it in that behalf in the Federal High Court.
Jurisdiction and prosecution of offences.
18B. (1) Offences under this Act may be tried by the Federal High Court.
(2) Where a provision is made in this Act for a criminal sanction to be imposed in case of an act, omission or default without reference to the default being an offence, or without reference to conviction in a court, as the case may be, the reference to the act, omission or default shall be construed as referable to an offence, and the expression, “offences”, as used in this section shall have effect in relation to any act, omission or default.
Application of fines.
18C. The court imposing a fine under this Act may direct that the whole or any part thereof be applied in, or towards payment of, the costs of the proceedings, or in or towards compensating the Council and subject to any such direction, all fines under this Act shall, notwithstanding anything in any other enactment, be paid into the Fund of the Councilor into. the appropriate Consolidated Revenue Fund.
Application to the Federal High Court for direction.
l8D. (1) The Council may apply to the court for direction in respect of any matter concerning its duties, powers and functions under this Act and on such application, the court may give a direction and make such further order or orders as it deems fit in the circumstance.
(2) The Council may conduct inquiries with respect to the compliance with the provisions of this Act by any authorised person or body.”
AMENDMENT OF SECTION 19.
17. Section 19 of the Principal Act is amended –
(a) in subsection (1) –
(i) by inserting after the words, “Armed Forces of the Federation”, in line 3, the words, “or private sector”;
(ii) by substituting for the word, “engineer”, in lines 2 and 3, the words, “engineering practitioner”; and
(iii) by deleting the words, “or is otherwise exempted”, in line 4;
(b) in subsection (3), by inserting after the word, “university”, in line 1, the words, “polytechnic and technical college”; and
(c) in subsection (4), by – .
(i) substituting for the word, “engineer”, in line 2, the words, “engineering practitioner”, and
(ii) inserting immediately after the word, “company”, in line 2, the words, “while private sector includes all nongovernmental organisations.”
Amendment of section 20
18. Section 20 of the Principal Act is amended by substituting for the word, “engineer”, in lines 2 and 5, the words, “engineering practitioner”.
Insertion of new section 21A.
19. Insert after section 21 of the Principal Act, a new sections “21A”-
“Engineering Regulations Monitoring.
21A. (1) The Council shall establish a department to be known as the Engineering Regulations Monitoring (ERM) Department which shall be charged with the duties of monitoring firms and ensuring that engineering is practiced in Nigeria in accordance with relevant codes of engineering practice, in the protection of her development and economic investment.
(2) The ERM Department shall consist of personnel of all engineering cadres.
(3) The ERM team shall have access to an engineering project site, manufacturing, engineering education, institution or any site where engineering is being practised.
(4) In performing the functions as stated in this section, any manufacturing or engineering firm, a construction company or person or group of persons who obstructs or threatens violence to any or on any member, commits an offence and is liable on conviction to –
(a) in the case of company, firms or institutions a fine ofN2,000,000.00 and
(b) in the case of an individual, a fine of N500,000.00 or imprisonment for a term of six months.”
Amendment of section 22.
20. Section 22 of the Principal Act is amended by inserting, in alphabetical order, the following interpretations –
“Council” means the Council established under section 1 (1) of this Act;
“engineering practitioner” includes a registered engineer, engineering technologist, engineering technician and engineering craftsman;
“practice of engineering” includes any act of planning, professional service or creative work requiring the application of special knowledge of mathematics, physics, chemistry, biology and engineering principles in form of consultation, invention, discovery, valuation, research and teaching in recognised engineering institutions, planning, operation, maintenance supervision of construction and installation involving investigating, advising, operating, evaluating, measuring, planning, designing, specifying, laying and directing, constructing, commissioning, inspecting or testing in connection with any public or private utility, structure, building machine, equipment, processing, work or project safeguarding the public interest in all sectors of the economy for the benefit of mankind;
“professional misconduct” refers to when any person who is licenced under this Act –
(a) deliberately fails to follow the standards of conduct and practice of engineering profession set by the Council;
(b) commits gross negligence in the conduct of his professiorial duties;
(c) allows another person to practise in his name where the person
(i) is not a holder of a licence,
(ii) is not in partnership with him,
(iii) takes advantages of a clients’ by abusing position of trust, expertise or authority,
(iv) lacks regards or concern for client needs or rights, or
(v) shows incompetence or inability to render professional engineering service or works; or
(d) knowingly submits a land survey, valuation or environmental impact assessment document prepared by a person who is not licenced to prepare such documents under any written law in force;
“registered engineering practitioner” means a person registered under the various categories;
“registered engineering firm” means a firm registered under the various categories;
“regulations” means regulations made by the Council; and
“temporary registration” includes registration for non-Nigerian engineering practitioners”.
Amendment of First Schedule
21. The First Schedule to the Principal Act is amended –
(a) in paragraph 1 –
(i) subparagraph (1), by substituting for the word, “engineer” in line 2, the words, practitioner” ,
(ii) by substituting for subparagraph (5), a new subparagraph “(5)” –
“(5) Subject to section 1 (2) of this Act, a person who ceases to be a member of the Council is eligible to become a member of the Council for one more term and no more unless he is an elected President.” ,
(iii) by substituting for subparagraph (7) (b), a new subparagraph “(7) (b)”-
“(b) after the expiration of that period, be exercisable by the Council, and where an existing member of the Council is elected President, his office as an existing member becomes vacant and his term of office as
President begins on the date of his election as President; and.
(iv) by inserting after subparagraph (7), new subparagraphs “(8)” and “(9)”-
“(8) The President shall be elected into the office for a term of four years and no more”;
(9) There shall be one Vice-President from among the Council members whose job or duties shall be determined by the Council members”;
(b) by substituting for paragraph 2, a new paragraph “2′-
“Powers of the Council
2. (1) The Council urider this Act shall have power to do anything which, in its opinion, is calculated to facilitate the carrying on of its activities.
(2) The Council under this Act shall have power to enter and inspect sites.”; and
(c) in paragraph 4, by substituting for the word, “eleven”, the figure, “15”.
22. Insert after the Second Schedule to the Principal Act, a new “Third Schedule”
Engineering development levy from all engineering projects undertaken by the Federal Government of Nigeria
3. (1) There shall be paid into the Fund of the Council a levy of 0.005% deductible from all sums paid on the contract sum for all engineering projects undertaken by the Federal Government of Nigeria.
(2) The engineering projects shall be for the development, construction, reconstruction, rehabilitation and maintenance of roads, railways, airports (including runways), irrigation, dams, power (including generation and transmission), mechanical and electrical services.
(3) The Accountant-General of the Federation is responsible for ensuring the accurate deduction and remittance of the payable engineering development levy into the Fund of the Council.
(4) The levy shall be paid in full into the Fund of the Council by the Accountant-General of the Federation.”
Citation .
23. This Act may be cited as the Engineers (Registration, etc.) (Amendment) Act, 2018.
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