Section 23: Cancellation and suspension of registration

23. Cancellation and suspension of registration (1) The Council may cancel the registration of a consultant or contractor where— (a) the consultant or contractor— (i) is adjudged bankrupt or declared insolvent or, in the case of a corporate body, is the subject of a winding up order; (ii) obtains his certificate of registration by fraud or misrepresentation; (iii) abandons, without good cause, any consultancy service or construction work, as the case may be, undertaken by him; (iv) is negligent in the provision of his services; (v) ceases to act as consultant or contractor; (vi) contravenes this Act or any regulations made under it; (vii) fails to comply with any condition specified in his certificate of registration; (b) any of the principals, associates or partners of a consultant or contractor is found guilty of professional misconduct by a recognised professional body and his participation is, in the opinion of the Council, material for the grant of the registration. (2) Before cancelling the registration of any consultant or contractor under subsection (1) (a) (ii) to (vii) and (b), the Council shall, by notice in writing, require him to show cause in writing, within 15 days of the date of the service of the notice, why the registration shall not be cancelled. (3) The Council may, pending its decision to cancel a registration under this section, and where, in its opinion, the circumstances so require, suspend the registration of a consultant or contractor in any of the cases specified in subsection (1) (a) (ii) to (vii) and (b). (4) The registration of— (a) any contractor shall be automatically cancelled on his death; (b) any consultant or contractor operating as a company, firm, association or partnership may be cancelled on the death, or deregistration by a professional body, any of the principals, associates or partners whose participation or professional qualification is, in the opinion of the Council, material for the grant of its application for registration. (5) The Council shall inform the consultant or contractor of its decision under subsection (1), (3), or (4) (b) within 7 days of its decision, by notice in writing, specifying the reasons for its decision. C39 – 13 [Issue 9] Construction Industry Development Board Act (6) A consultant or contractor who is informed that his certificate of registration is cancelled or suspended shall, within 7 days of being so informed by the Council, surrender his certificate. (S. 23 came into operation on 1 August 2014.)