Engineering Council Regulations, 2020 (L.I. 2410)

• (1) A licensed body shall not certify an engineering practitioner, an engineering firm or an educational unit that offers engineering as a course of instruction unless that licensed body is registered in accordance with these Regulations.
• (2) A licensed body, which seeks to certify an engineering practitioner, an engineering firm or an educational unit that offers engineering as a course of instruction shall apply to the Registrar in the manner specified in regulation 2.

• (1) An application for registration as a licensed body shall be
• (a) As set out in Form 1 of the First Schedule
• (b) Accompanied with the prescribed application fees in accordance with the Fees and Charges (Miscellaneous Provisions) Act, 2018 (Act 983); and
• (c) Submitted by the applicant in person, by post, or electronically.
• (2) An applicant shall provide the following particulars in support of the application:
• (a) A Certificate of Registration as a Professional Association for Engineering Practitioners from the Office of the Registrar of Companies
• (b) Evidence of being in operation for a minimum of five years
• (c) Evidence of audited accounts for a minimum of five years
• (d) Evidence of a fixed registered office for the operation of the applicant
• (e) Evidence of a governing body comprising members who are registered by the Council
• (f) Evidence of well-established and approved programmes by the Council for continuous professional development for all classes of members of the Council
• (g) Demonstration of the ability to uphold and enforce professional standards, conduct and ethics
• (h) Evidence of a secured database for members
• (i) Evidence of a minimum number of membership of one thousand members who are in good standing for the preceding three years
• (j) Evidence that the membership consists of at least two categories of engineering practitioners as specified in the Act; and
• (k) Evidence that ten percent of the members specified in paragraph (j) are members in good standing.

• (1) The Registrar shall, within fifteen days from the date of receipt of an application, acknowledge receipt of the application.
• (2) The Registrar shall assess the application and may in writing request the applicant to provide additional information or a document within a specified period or an extended period specified in a notice.
• (3) Where an applicant fails to comply with a request under subregulation (2), within the specified period or extended period specified in the notice, the application shall be considered withdrawn and the applicant may re-submit the application on the payment of a new application fee.
• (4) The Board shall, within ninety days of receipt of the information and documents required for an assessment of the application, make a determination on whether or not to grant the application.
• (5) Where the Board approves the application, the Board shall issue the applicant with a certificate of registration as set out in Form 2 of the First Schedule and assign a registration number to the applicant.

• A certificate of registration issued in accordance with the Act and these Regulations is valid for one year.

• (1) A licensed body may, within six months before the expiration of a certificate of registration, commence the process for the renewal of the certificate.
• (2) The Board shall consider an application for renewal on the payment of the prescribed fees in accordance with the Fees and Charges (Miscellaneous Provisions) Act, 2018 (Act 983).
• (3) The Board shall, within ninety days, assess the application and make a determination as to whether to approve or reject the application for renewal.
• (4) Where the Board approves the application, the Board shall, within thirty days, issue to the applicant a certificate of registration as set out in Form 2 of the First Schedule.
• (5) Where the Board rejects an application, the Board shall within fifteen days, inform the applicant stating the reasons for the rejection.

• (1) The Board may suspend the certificate of registration of a licensed body, for two years in the first instance, where the Board is satisfied that the licensed body
• (a) Provided false information; or
• (b) Certified an application which does not satisfy the registration criteria set by the Board.
• (2) The Board may revoke the certificate of registration of a licensed body where the licensed body repeats the conduct specified under paragraph (a) or (b) of subregulation (1).

• (1) The Council shall maintain a register of licensed bodies.
• (2) The Registrar shall keep the register specified in subregulation (1) as set out in Form 3 of the First Schedule.

• The Council shall, for the purposes of registration, provide the appropriate form through the licensed body to be completed by an applicant or a professional body.

• (1) A person who is registered as a professional engineer in an engineering-related field in accordance with the Act may, subject to the limitations prescribed by the Board,
• (a) Develop solutions to engineering problems using acquired knowledge and extensive experience and skills, with innovation and creativity
• (b) Assume technical responsibility for complex systems with significant levels of risks; and
• (c) Sign and stamp engineering works.
• (2) A person who is registered as a professional engineering technologist in an engineering-related field in accordance with the Act may, subject to the limitations prescribed by the Board,
• (a) Develop solutions to engineering problems in the area of specialisation of that person
• (b) Work in support of and under the technical direction of a professional engineer
• (c) May assume technical responsibility for systems with significant risks; and
• (d) Sign and stamp engineering documents within limits determined by the Board in areas in which the professional engineering technologist is knowledgeable.
• (3) A person who is registered as an engineering technician in an engineering-related field in accordance with the Act may, subject to the limitations prescribed by the Board,
• (a) Specialise in the building of components, fabrication, trouble shooting and maintenance of existing systems and collection of data
• (b) Master the field of that person through education, laboratory and workshop practices
• (c) Carry out the duties of that person mostly in the workshops, on construction sites and sales
• (d) Work under the supervision of a professional engineer or a professional engineering technologist; and
• (e) Supervise a craftsman in the daily works of the craftsman.
• (4) A person who is registered as an engineering craftsman in an engineering-related field in accordance with the Act may, subject to the limitations prescribed by the Board,
• (a) Use manual skills mastered through apprenticeship and workshop or site practices to provide works and services to the public; and
• (b) Work under the supervision of a professional engineer, a professional engineering technologist or an engineering technician.
• (5) A person who is registered as an engineering technician or an engineering craftsman shall not sign and stamp an engineering document.

• (1) A licensed body shall, in furtherance of an application made under subsection (2) of section 13 of the Act, examine the applicant in accordance with the criteria determined by the Board.
• (2) An application under subregulation (1) shall be as set out in Form 4 of the First Schedule.

• (1) An application for renewal shall be submitted to the Registrar by the 31st of October each year.
• (2) A licensed body shall, on receipt of an application for renewal, assess the application.
• (3) The Board may grant the application and issue a certificate as set out in Form 5 of the First Schedule to the applicant, where the applicant has
• (a) Satisfied the conditions for continuing registration set by the Board; and
• (b) Paid the prescribed fee in accordance with the Fees and Charges (Miscellaneous Provisions) Act, 2018 (Act 983).

• (1) In furtherance of subsection (1) of section 16 of the Act, the Council shall maintain a register of permanent engineering practitioners.
• (2) The Registrar shall keep the register specified in subregulation (1) as set out in Form 6 of the First Schedule.

• (1) An application for registration as an engineering firm shall be as set out in Form 7 of the First Schedule.
• (2) An applicant shall, in furtherance of an application made under subsection (2) of section 20 of the Act,
• (a) Pay the prescribed application fees in accordance with the Fees and Charges (Miscellaneous Provisions) Act, 2018 (Act 983); and
• (b) Submit the application to the Registrar in person, by post, or electronically.
• (3) Where the applicant is a sole proprietor, the applicant shall in addition to the requirements under subregulations (1) and (2),
• (a) Show evidence of registration as an engineering practitioner in good standing
• (b) Show evidence that the sole proprietorship is registered with the Office of the Registrar of Companies
• (c) Attach a curriculum vitae of the applicant; and
• (d) In the case of an application for renewal, attach a Tax Clearance Certificate.
• (4) Where the applicant is a partnership, the applicant shall, in addition to the requirements under subregulations (1) and (2),
• (a) Show evidence that at least one of the partners of the firm is a registered engineering practitioner in good standing
• (b) Show evidence that the engineering firm is registered with the Office of the Registrar of Companies
• (c) Attach to the application a curriculum vitae of the partners of the firm and a copy of the brochure of the firm; and
• (d) In the case of an application for renewal, attach the audited accounts for the preceding two years.
• (5) Where the applicant is a limited liability company, the applicant shall, in addition to the requirements under subregulations (1) and (2), show evidence that the registered engineering practitioners of the company
• (a) Are in good standing,
• (b) Hold at least fifty-one percent of the shares of the company, and
• (c) Are directors of the company.
• (6) Where the applicant is a state organisation, the applicant shall, in addition to the requirements under subregulations (1) and (2),
• (a) Show evidence that at least two of the registered engineering practitioners of the organisation
• (i) Are in good standing; and
• (ii) Are members of the governing board of the organisation
• (b) Show evidence that the organisation is headed by a registered engineering practitioner
• (c) Attach to the application the curriculum vitae of the registered engineering practitioners and a copy of the brochure of the organisation; and
• (d) In the case of an application for renewal, attach the audited accounts of the organisation for the preceding two years.

• (1) The Board may suspend the licence of an engineering firm, for two years in the first instance where the Board is satisfied that the engineering firm provided false information.
• (2) The Board may revoke the licence of an engineering firm where the engineering firm repeats the conduct specified under subregulation (1).

• (1) An application for renewal of the registration of an engineering firm shall be submitted to the Registrar by the 31st of October of each year.
• (2) The Board shall assess an application for renewal where the applicant
• (a) Has complied with conditions prescribed by the Board; and
• (b) Has paid the prescribed fee.
• (3) Where the Board approves the application, the Board shall issue the applicant with a certificate as set out in Form 8 of the First Schedule.

• (1) The Council shall maintain the following registers for the types of engineering firms specified in section 21 of the Act:
• (a) Consulting Engineering Firm Register
• (b) Engineering Contracting Company Register
• (c) Engineering Service Provider Register
• (d) Manufacturing Company Register
• (e) Fabrication, Repair and Maintenance Unit Register; and
• (f) Vendor of Machinery, Equipment, Appliance and Engineering Materials Register.
• (2) The Registrar shall keep the registers specified in subregulation (1) as set out in Form 9 of the First Schedule.

• An engineering firm shall ensure that the engineering firm
• (a) Maintains the standards determined under these Regulations; and
• (b) Complies with lawful instructions issued by the Board or any other authority empowered to do so under the Act or any other enactment.

• An engineering firm shall not change any of the particulars used to register without the prior approval of the Board.

• (1) Subject to section 22 of the Act, the Board shall during the registration process determine the class and numbers of engineering practitioners that may be responsible for providing the engineering services offered by the engineering firm.
• (2) A consulting firm shall have registered professional engineer in the area of consultation of the firm as determined by the Board.
• (3) An engineering firm other than a consulting firm shall have registered engineering practitioners relevant to the scope of works or services to be undertaken by the firm.

• (1) The Council shall maintain a register of engineering educational units.
• (2) The Registrar shall keep the register specified in subregulation (1) in a form as set out in Form 10 of the First Schedule.

• (1) An educational unit which seeks to register with the Council shall
• (a) Satisfy the requirements and standards prescribed by the Board and approved by the National Accreditation Board; and
• (b) Apply to the Board through a licensed body.
• (2) An application under subregulation (1) shall be
• (a) In a form as set out in Form 11 of the First Schedule; and
• (b) Accompanied with
• (i) The name and location of the engineering educational unit
• (ii) The objectives for the establishment of the engineering educational unit
• (iii) The engineering programmes that the engineering educational institution intends to undertake; and
• (iv) The number of staff and the nature of facilities of the engineering educational unit.
• (3) A licensed body through which an application is made shall review the application and advise the Board within ninety days after receipt of the application.

• A licensed body shall not grant an application for registration of an engineering educational unit or engineering programme if
• (a) The information submitted for the registration is false; or
• (b) The engineering educational unit notifies the licensed body of the intention not to proceed with the establishment of the unit.

• (1) An application for renewal of registration shall be submitted to the Registrar not later than the 31st of July each year.
• (2) The relevant licensed body shall consider the application and submit its advice with respect to the application to the Registrar not later than the 31st of October each year.
• (3) The licensed body, shall in considering the application, determine whether the educational institution has
• (a) Complied with the prescribed conditions for renewal of registration; and
• (b) Paid the prescribed fee in accordance with the Fees and Charges (Miscellaneous Provisions) Act, 2018 (Act 983).
• (4) Where the Board grants an application for renewal of registration, the Board shall
• (a) Issue a certificate of registration to the educational institution as set out in Form 12 of the First Schedule; and
• (b) Publish in the Gazette, the name of the educational unit as a unit in good standing.

• (1) In furtherance of subsection (7) of section 16 of the Act, the Council shall maintain a register of temporary engineering practitioners.
• (2) The Registrar shall keep the register specified in subregulation (1) in a form as set out in Form 13 of the First Schedule.

• (1) A licensed body shall establish a process for the registration of temporary applicants.
• (2) The process including
• (a) The eligibility criteria,
• (b) The documentation required,
• (c) Fees,
• (d) Restrictions, and
• (e) Timelines for the submission of applications shall be published on the website of the Council.
• (3) An applicant for temporary registration shall
• (a) Apply in a form as set out in Form 14 of the First Schedule
• (b) Pay the fees prescribed by the Board
• (c) Demonstrate knowledge applicable to the area of practice
• (d) Submit the following:
• (i) Evidence of good standing with the professional body of the jurisdiction of origin recognised by the Board
• (ii) A Police report from the country of origin; and
• (iii) Evidence of professional indemnity insurance.
• (4) For purposes of public interest, a licensed body may
• (a) Refuse to register an applicant or impose conditions resulting from
• (i) A complaint
• (ii) Disciplinary proceedings; or
• (iii) Criminal proceedings
• (b) Require an applicant to acquire additional training, experience, examination or assessment before the registration of the applicant where the applicant has not practised for a specified period of time; or
• (c) Require an applicant to acquire working knowledge in English language.
• (5) Where a licensed body certifies an application, the Board shall issue the applicant with a certificate as set out in Form 15 of the First Schedule.

• The registration of a temporary engineering practitioner is valid for a period of one year from the date of registration.

• (1) An engineering firm shall be held to the same standards as an individual registered engineering practitioner.
• (2) The Board shall enforce standards based on the following considerations:
• (a) A firm shall not use the designation "Engineer" or "Engineering" unless that firm practises engineering and is registered with the Board
• (b) The duty of an engineering firm to comply with engineering standards does not derogate from the duty of an individual practitioner of that engineering firm; and
• (c) An engineering firm registered with the Council shall not perform services to, engage the services of or recover professional fees from an unregistered engineering firm.

• A person shall not
• (a) Practise or hold oneself out as able to practise engineering without a licence obtained under the Act and these Regulations
• (b) Use engineering stamps or seals without a licence obtained under the Act and these Regulations; and
• (c) Use or prepare a plan, an engineering report or specification that is not signed and sealed by an appropriate engineering practitioner.

• (1) A licensed body shall
• (a) Monitor the implementation of the Act and these Regulations by individuals and firms; and
• (b) Subject to the laws on confidentiality, share with other licensed bodies, information obtained under paragraph (a).
• (2) The Board shall publish in two daily newspapers of national circulation and the website of the Council, the requirements of the practice in accordance with the Act and these Regulations.

• (1) A licensed body shall establish principles regarding the actions and responsibilities of an engineering practitioner or firm for purposes of minimising professional lapses in the course of an engineering duty or assignment.
• (2) The principles under subregulation (1) shall include the following:
• (a) A relevant document relating to the engineering aspect of a project shall be approved by a registered engineering team or practitioner
• (b) An engineering practitioner or firm responsible for a project shall indicate the name and qualification of each engineering personnel to the approving agency
• (c) An engineering document prepared by a registered engineering practitioner or firm shall have, on the face of the document, the seal or stamp of that registered engineering practitioner or firm
• (d) A registered engineering practitioner or a service provider shall on execution of the responsibilities of that registered engineering practitioner or service provider, obtain an attestation from the relevant licensed body for purposes of future reference and an attestation of a successful execution of the project; and
• (e) An engineering project of a national interest that is under the supervision of a Metropolitan, Municipal or District Assembly shall be subject to peer review on an engineering platform organised by a licensed body for purposes of engineering accountability with regards to the design, supervision and construction.

• (1) A licensed body shall
• (a) Establish principles for effective and relevant continuing professional development programmes for registered engineering practitioners and service providers
• (b) Provide continuing professional development programmes for registered engineering practitioners and service providers
• (c) Provide information and resources to registered engineering practitioners and service providers to enable an engineering practitioner or service provider undertake continuing professional development programmes
• (d) Monitor compliance of registered engineering practitioners and service providers with regards to the requirement for continuing professional development programmes; and
• (e) Periodically review the structure and effectiveness of continuing professional development programmes.
• (2) A registered engineering practitioner or service provider shall undertake periodic professional development programmes for purposes of maintaining professional competence in the relevant area of specialisation.
• (3) For purposes of paragraph (d) of subregulation (1), a continuing professional development programme shall
• (a) Include competencies required in various areas of specialisation
• (b) Be measurable
• (c) Include recording and reporting requirements; and
• (d) Include consequences for non-compliance.
• (4) The Board shall, for the purposes of this regulation, publish on the website of the Council, a list of activities, courses and programmes that a registered engineering practitioner or service provider is required to undertake and the number of development units that a registered engineering practitioner may obtain on the successful completion of an activity, a course or programme.

• (1) An engineering service provider or a registered engineering practitioner shall comply with the code of ethics set out in the Second Schedule.
• (2) An engineering service provider or a registered engineering practitioner who does not comply with the Code of Ethics commits a professional misconduct.

• (1) The Board shall, in accordance with best practices, regulate registered engineering practitioners, service providers and educational units.
• (2) A person who seeks to make a complaint which constitutes professional misconduct of an engineering practitioner, service provider or an educational unit shall, in writing, submit the complaint to the Board.
• (3) Where the Board considers it necessary for purposes of public safety, the Board shall order the engineering practitioner or service provider to temporarily cease work or cease rendering the service in respect of which the complaint was submitted.
• (4) The Board shall, within five days of receipt of the complaint, refer the complaint to the licensed body responsible for that engineering practitioner or firm, service provider or educational unit.
• (5) A licensed body shall, subject to the approval of the Board, establish procedures with respect to the investigative, adjudicative and appellate functions of that licensed body including timelines for the submission of documents.
• (6) The licensed body shall, within thirty days of receipt of the complaint, endeavour to complete investigation of the complaint and submit to the Board and the parties recommendations in respect of the complaint.
• (7) Where the licensed body is unable to submit its recommendations within thirty days, the licensed body shall apply to the Board for additional time within which to submit the recommendations to the Board and the parties.
• (8) A party who is aggrieved by the recommendations of the licensed body shall, within thirty days of receipt of the recommendations, appeal to the Board.
• (9) The Board shall, within thirty days of receipt of an appeal, constitute a five member committee to determine the appeal.
• (10) The committee shall comprise
• (a) A member of the initial investigative team
• (b) A representative of another licensed body of the Board
• (c) A representative of the professional association to which the engineering practitioner or service provider belongs
• (d) The legal practitioner who is a member of the Board; and
• (e) The Registrar.
• (11) The Registrar is the secretary to the committee.

• (1) The Board shall establish procedures for the receipt and investigation of complaints regarding the conduct or competence of an engineering practitioner, engineering firm or service provider.
• (2) The procedures shall include the following:
• (a) Time frame for acknowledging receipt of the complaint
• (b) The requirement to develop investigation plan with respect to each complaint
• (c) The requirement to notify an engineering practitioner against whom a complaint is made
• (d) Request for the registered engineering practitioner to submit a written response in respect of the complaint
• (e) The consequence of failure to respond to the notice of complaint; and
• (f) The requirement to obtain further information where practicable in order to make a determination regarding the complaint.
• (3) A licensed body shall, throughout the procedure, make available to the parties, timely and clear information.
• (4) A licensed body may initiate investigation into the conduct or competence of a registered engineering practitioner or service provider where the conduct or competence of that registered engineering practitioner or service provider is a potential threat to public safety.
• (5) A licensed body shall not disclose a complaint or investigation conducted by the licensed body to a person except to
• (a) The registered engineering practitioner or service provider who is the subject of the complaint or investigation
• (b) The complainant
• (c) A regulatory or investigative body permitted by law; or
• (d) The public where the matter involves an imminent risk to public safety.
• (6) Where the licensed body considers a complaint to be frivolous, vexatious or an abuse of process
• (a) The licensed body shall report the matter to the Board; and
• (b) The Board shall dismiss the complaint.
• (7) The Board shall suspend the licence of a licensed body that fails to comply with a procedure established under subregulation (2).

• (1) The Board shall on
• (a) Receipt of an approved application from a licensed body, or
• (b) The grant of a licence to a licensed body, publish in the Gazette and any other medium of national circulation that the Board may determine, notice of the approval or grant.
• (2) The Board shall publish in two daily newspapers of national circulation
• (a) A decision of the Board that is of public interest
• (b) Any issue relating to quality assurance in the engineering practice
• (c) Regular updates on the list of engineering activities undertaken by the Board; and
• (d) The name of an engineering practitioner or firm that is sanctioned and the offence for which that engineering practitioner or firm is sanctioned.

• (1) A person shall not
• (a) Create, prepare, issue or authorise the issuance of an engineering document, or
• (b) Approve, accept to approve or certify an engineering work unless that person is registered under the Act and these Regulations.
• (2) A person who contravenes subregulation (1) commits an offence and is liable on summary conviction to a fine of not less than two thousand five hundred penalty units and not more than five thousand penalty units or to a term of imprisonment of not less than one year and not more than two years, or to both.

In these Regulations, unless the context otherwise requires,

• "Board" means the governing body established under section 4 of the Act
• "certification" means the interview and examination of an applicant for registration as an engineering practitioner, an engineering firm or an education unit
• "engineering activity" means an activity, course or programme determined by the Board for purposes of engineering works and services
• "engineering team" means a selected team of engineering practitioners from specific technical committees
• "licensed body" means a body registered by the Board to certify engineering practitioners, engineering firms and educational units for registration by the Council; and
• "service provider" means a company or firm registered with the Board to carry out engineering services either privately or for the State in areas as determined by the Board.

• (1) An engineering practitioner or an engineering firm that is not registered with a licensed body on the coming into force of these Regulations shall, within twelve months of the coming into force of these Regulations, register and obtain a licence in accordance with these Regulations.
• (2) An engineering practitioner or an engineering firm that contravenes subregulation (1) commits an offence and is liable to a fine of not less than three hundred penalty units and not more than one thousand penalty units or to a term of imprisonment of not less than one month and not more than six months or to both.