Physical Planners Registration Act

This Act may be cited as the Physical Planners Registration Act.

Defines terms used in the Act: "Board", "Cabinet Secretary", "register", "registered physical planner", and "Registrar".

Establishes the Physical Planners Registration Board and assigns it responsibilities including registering eligible physical planners, setting and conducting registration examinations, verifying applicants' qualifications and eligibility, and enquiring into and instituting disciplinary proceedings for professional misconduct.

Members of the Board are exempt from personal liability for acts or defaults of the Board if those acts or defaults were done or omitted in good faith while carrying out the Board's functions or powers under this Act.

Any person may, during normal office hours and on payment of the prescribed fee, inspect the register and may get a copy or extract from the Registrar.

A document certified by the Registrar as a true copy or extract of the register or any document kept or published by the Registrar is admissible as prima facie evidence of its contents; the Registrar may also be required to produce the register or appear as a witness under subsection (2).

Sets the qualifications required for registration as a physical planner, requires two years' post-qualification experience to sit Board exams, and gives the Board power to assess conduct and postpone registration.

The Board must consider applications under section 12 and, if satisfied the applicant is qualified, accept the applicant for registration; after acceptance the Board must direct the Registrar to enter the applicant's name in the register; the Board's consideration may not be delegated to any committee.

To register in exceptional circumstances, the applicant must meet the listed qualifications and file a prescribed-form application with the prescribed fee and documentary evidence; the Board may require the applicant to appear.

Lists grounds under which a name may be removed from the register and requires the Registrar to inform the removed registrant in writing and to publish the person's name, address and qualifications in the Gazette.

The Board may direct whether a removed physical planner's name is confirmed removed, restored, or have a suspension terminated, and its direction may set an effective date and require payment of a fee not exceeding the prescribed registration-application fee.

Section mentions caution or censure of the registered physical planner.

Section 18 governs procedure at inquiries: registered physical planners who are subjects of inquiries may appear in person or by advocate; the Chairperson (or vice-Chairperson) must record summaries of oral evidence; the Board must notify concerned persons by registered letter at least twenty-one days before an inquiry; and the Board has power to regulate its own procedure (subject to section 25).

Appeals against refusal to register.

The Cabinet Secretary must appoint a public officer as the Registrar of the Board; that Registrar must hold and vacate office according to the terms of appointment.

The Registrar must enter any changes to the particulars recorded under subsection (1) into the register.

The Registrar must issue a certificate of registration to a person whose name is entered in the register; the certificate remains Board property. If a name is removed the Board must notify the person (or their personal representative) and require surrender; failure to surrender within 21 days is an offence punishable by a fine up to one hundred thousand shillings or imprisonment up to twelve months or both. Certificates are valid for one year, renewable on payment of the prescribed fee; duplicates may be issued on proof of loss and payment of the prescribed fee.

The Registrar must publish in the Gazette the names, addresses and qualifications of registered physical planners after they are entered in the register and publish an annual notice at the beginning of each year.

A notice published under section 8 is prima facie evidence that the people named in it are registered physical planners, and deletion of a name from the register in such a notice is prima facie evidence that the person is not registered.

Registered persons may use the title "Registered Physical Planner" while their name remains on the register; others who use the title or represent themselves as a registered physical planner in contravention are guilty of an offence punishable by a fine up to one hundred thousand shillings or imprisonment up to twelve months or both.

Individuals, partnerships and bodies corporate must not carry on business as registered physical planners unless the relevant persons are registered physical planners; contravention is an offence punishable by a fine not exceeding twenty thousand shillings or imprisonment not exceeding twelve months or both.

If a registered physical planner stops carrying on business because of death, insolvency or being adjudged of unsound mind, a registered physical planner appointed to administer the property may carry on the business to wind up or dispose of it.

Prohibits fraudulently making, causing, or permitting any false or incorrect entry in the register or any copy of it.

Finance Section must make grants to the Board as may be necessary to enable the Board to discharge its functions under this Act.

Regulations provide for the conduct of the business of the Board and the procedure to be followed by the Board at any inquiry under this Act.