Section 105: Savings and transitional provisions
This section is inserted by Act No 20 of 2022, section 26.
consolidated text (as at 2013, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
105. Savings and transitional provisions
(1) (a) Every person who, on the commencement of
this Act, holds or obtains within 3 years of that date, any of the
qualifications specified in Part II of the First Schedule may apply for
registration under this Act, notwithstanding the fact that he does not
possess the qualifications specified in Part I of the First Schedule.
(b) Any registered professional engineer in general
charge of machinery who, on the date of coming into operation of
this Act, is not registered under this Act, may continue to practise
as Registered Professional Engineer in general charge of machinery
for a period of not more than 6 months from the date of coming into
operation of this Act.
(c) Any registered boiler inspector or registered
machinery inspector, who, on the commencement of this Act, does
not hold a certificate of registration issued under this Act, may
continue to practise as registered boiler inspector or registered
machinery inspector for a period of not more than 6 months from
the commencement of this Act.
(d) Notwithstanding section 29(4), every full-time
employee or registered Safety and Health Officer who, on the date
of coming into operation of this Act, was registered as a part-time
Safety and Health Officer may continue to practise as a part-time
registered Safety and Health Officer for a period not exceeding
12 months from the commencement of this Act.
(2) (a) Any factory building permit issued prior to
commencement of this Act shall be deemed to have been issued
under this Act.
(b) Every employer whose place of work is not
in accordance with section 39(1)(b) shall, within 3 months of the
commencement of this Act, make suitable arrangements to ensure
compliance with that section.
668 Acts 2022
(3) (a) The Director, Occupational Safety and Health,
of the Ministry shall, on the commencement of this Act, be deemed
to be the Director of the National Occupational Safety and Health
Department established under this Act.
(b) The officers of the Occupational Safety and
Health Division of the Ministry shall, on the commencement of this
Act, be deemed to be officers of the National Occupational Safety
and Health Department established under this Act.
(c) The duties and functions of the Director under
this Act shall, before the commencement of this Act, be performed
by the Director, Occupational Safety and Health.
(4) Where this Act does not make provision for any saving
or transition, the Minister may make such regulations as may be
necessary for such saving or transition.
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Questions this section answers
- Can I keep practising as a registered engineer in charge of machinery if I'm not yet registered under this Act?
- How long can a part-time Safety and Health Officer continue after this Act commences?
- Is a factory building permit issued before this Act still valid under it?