Section 33: Registration of Boiler and Machinery Inspectors

33. Registration of Boiler and Machinery Inspectors (1) The Permanent Secretary shall keep a register of boiler inspectors and machinery inspectors. (2) (a) Any – (i) registered professional engineer having at least 4 years’ practical experience and knowledge in the operation of steam boilers or steam receivers, or other machinery specified in section 51, 52, 53, 54, 59 or 60; or (ii) person who is an engineer recognised by a Classification Society to practise as a boiler or machinery inspector and, who intends to practise as registered boiler inspector or registered machinery inspector, shall make an application to the Permanent Secretary in the form set out in the Twenty-second Schedule. (b) An application under paragraph (a) shall be accompanied by such non-refundable processing fee as may be prescribed and such additional information as the Permanent Secretary may require. (c) On receipt of an application under paragraph (a), the Permanent Secretary shall refer the application to the Boiler and Machinery Inspectors Board for assessment. (3) (a) The Boiler and Machinery Inspectors Board shall assess the applicant on his theoretical and practical knowledge Acts 2022 659 of any matter relevant to the subject of steam boilers and steam receivers or any other machinery, as the case may be, and, may, for this purpose, require him to furnish such additional information, document or report as may be necessary. (b) The Boiler and Machinery Inspectors Board shall, after the assessment, submit to the Permanent Secretary, a detailed report on each applicant, including its recommendations as to whether the applicant may be or may not be registered. (4) (a) The Permanent Secretary may, after considering the report under subsection (3)(b) grant or reject the application. (b) Where the Permanent Secretary rejects the application, he shall, in writing, inform the applicant accordingly, specifying the reasons thereof. (5) Where the Permanent Secretary grants the application, he shall – (a) require the applicant to pay such registration fee as may be prescribed; and (b) issue a certificate of registration within such period as he may determine. (6) Any person whose application is rejected may, after the expiry of a delay of 6 months from the date he is informed of the rejection of his application, make a fresh application in accordance with subsection (2). (7) (a) Where a registered boiler inspector intends to examine any machinery not mentioned in his certificate of registration, he shall make a new application under subsection (2) in respect of the machinery. (b) Where a registered machinery inspector intends to examine a steam boiler or any other machinery not mentioned in his certificate of registration, he shall make a new application under subsection (2) in respect of a steam boiler or the other machinery. 660 Acts 2022 (8) (a) Any registered boiler inspector or registered machinery inspector who intends to renew his registration to practise as registered boiler inspector or registered machinery inspector, as the case may be, shall, not later than 30 days before the expiry of his registration, make an application to the Permanent Secretary in the form set out in the Twenty-second Schedule and pay the prescribed renewal of registration fee. (b) Any application for renewal of registration made after the expiry of the delay specified in paragraph (a) but within a period of 3 months after the expiry of the registration shall not be entertained unles boiler inspector or registered machinery inspector, as the case may be, shall, not later than 30 days before the expiry of his registration, make an application to the Permanent Secretary in the form set out in the Twenty-second Schedule and pay the prescribed renewal of registration fee. (b) Any application for renewal of registration made after the expiry of the delay specified in paragraph (a) but within a period of 3 months after the expiry of the registration shall not be entertained unless accompanied by a surcharge of 50 per cent of the prescribed renewal of registration fee. (c) Where an application for the renewal of registration is granted under this subsection, a certificate of registration shall be issued to the applicant within such period as the Permanent Secretary may determine. (9) (a) Where any registered Boiler Inspector or registered Machinery Inspector fails to renew his registration after the expiry of the delay specified in subsection (8)(b), the Permanent Secretary may remove his name from the register. (b) Any person whose name is removed from the register under paragraph (a) and who intends to practise as a registered Boiler Inspector or registered Machinery Inspector shall make an application to the Permanent Secretary in the form set out in the Twenty-second Schedule and pay such fee as may be prescribed. (c) Where an application under paragraph (b) is granted, a certificate of registration shall be issued to the applicant within such period as the Permanent Secretary may determine. (10) (a) The Permanent Secretary may remove from the register of boiler inspectors and machinery inspectors the name of any boiler inspector or machinery inspector – (i) who is convicted of an offence under or related to this Act; Acts 2022 661 (ii) on ground of incapacity to perform the duties of boiler or machine inspector under this Act; or (iii) for misconduct in the fulfilment of his functions under this Act. (b) Before taking the decision to remove or not to remove the name of a boiler inspector or machinery inspector from the register, the Permanent Secretary shall refer the matter to the Boiler and Machinery Inspectors Board for an inquiry. (11) For the purpose of the inquiry, the Board may – (a) make such order requiring the attendance of any person and the production of any document as it thinks fit; and (b) take evidence on oath and, for that purpose, administer oaths. (12) (a) Where any person whose attendance is required under subsection (11) – (i) fails to attend at the time and place specified in the order; (ii) refuses to answer faithfully any question put to him by the Board; (iii) gives any false or misleading information; (iv) refuses to produce a document required by the Board, he shall commit an offence. (b) The Board shall conduct its proceedings in such manner as it deems fit and submit its findings to the Permanent Secretary within a delay of 15 days of the completion of the inquiry. (13) The Permanent Secretary shall consider the findings of the Board and decide whether to remove or not to remove the name of the registered boiler inspector or machinery inspector from the register and notify the inspector accordingly in writing. 662 Acts 2022 (14) Where the name of a registered boiler inspector or registered machinery inspector has been removed from the register, he shall, on being notified of the removal, forthwith cease to practise as a registered boiler inspector or registered machinery inspector and sur l consider the findings of the Board and decide whether to remove or not to remove the name of the registered boiler inspector or machinery inspector from the register and notify the inspector accordingly in writing. 662 Acts 2022 (14) Where the name of a registered boiler inspector or registered machinery inspector has been removed from the register, he shall, on being notified of the removal, forthwith cease to practise as a registered boiler inspector or registered machinery inspector and surrender his certificate of registration within 14 days of the date of notification. (15) (a) Any person whose name has been removed from the register may, where he intends to practise as registered boiler inspector or registered machinery inspector, submit an application in accordance with subsection (2). (b) An application under paragraph (a) shall not be entertained within a period of 6 months from the date on which the name of the inspector has been removed from the register. (16) Where a registered boiler inspector or registered machinery inspector ceases to practise as a registered boiler inspector or registered machinery inspector, he shall, not later than 14 days from the date he ceases to practise as such, inform the Permanent Secretary in writing and surrender his certificate of registration. (17) Any person who – (a) performs the duties of registered boiler inspector or registered machinery inspector without being registered as such under this Act, or without holding a valid certificate of registration; or (b) examines a steam boiler, a steam receiver, or any other examinable machinery specified in section 51, 52, 53, 54, 59 or 60 without being registered to examine a steam boiler, steam receiver or such other examinable machinery, as the case may be, shall commit an offence. (18) Any certificate of registration issued under this section shall be valid for a period of not more than 24 months from the date of issue. Acts 2022 663