Section 27E
Interior Design consultancy practice
(a)
recover in any court any fee, charge, remuneration or other form of consideration for interior design consultancy services rendered as an interior design consultancy practice; and
(b)
provide interior design consultancy services for interior works involving any but without prejudice to the generality of the following:
(i)
consultation, advice, direction, evaluation, budgetary estimate and appraisal;
(ii)
schematic interior design plans, design development and project programming;
(iii)
preparation of contract documents including working drawings, construction details and technical specifications;
(iv)
contract administration, supervision and certification of payment and progress of works;
and
(v)
any other activities relating to the creation, preservation and enhancement of the interior environment including the following:
(A)
any changes on the building structure;
(B)
any changes to an existing building layout;
(C)
building or statutory codes; and
(D)
health and safety issues.
(2)
Every application by a sole proprietorship, partnership or body corporate for registration as an interior design consultancy practice shall be made to the Board in the manner to be determined by the Board and shall be accompanied by the prescribed fee.
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(3)
The Board shall register a sole proprietorship, partnership or body corporate as an interior design consultancy practice, subject to such conditions and restrictions as it may deem fit to impose, if—
(a)
in the case of the sole proprietorship, the sole proprietor is an Interior Designer;
(b)
in the case of the partnership, all the partners are Interior
Designers; or
(c)
in the case of the body corporate, it—
(i)
has a board of directors comprising persons who are
Interior Designers or Architects;
(ii)
has shares held by members of the board of directors mentioned in subparagraph (i) solely or with any other persons who are Interior Designers or Architects; and
(iii)
has a minimum paid-up capital which shall be an amount to be determined by the Board.
(4)
An interior design consultancy practice shall, within thirty days of the occurrence of any change of its sole proprietorship, or the composition of its partners, board of directors or shareholders, furnish to the Board a true report in writing giving full particulars of the change.
(5)
If the Disciplinary Committee finds that—
(a)
the interior design consultancy practice or sole proprietor or any partner, director or shareholder has breached, or failed to comply with or carry out, any of the terms, conditions or restrictions imposed by the Board upon registration of that interior design consultancy practice;
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(b)
the composition of the partners, board of directors or shareholders of the interior design consultancy practice does not comply with subsection (3);
(c)
the interior design consultancy practice had breached any of the requirements of subsection (4); or
(d)
the sole proprietor or any partner, director, shareholder or employee of an interior design consultancy practice, whether or not such person is registered under this Act, has committed, or is guilty of, or has contributed to, any of the acts or things set out in—
(i)
paragraph 27G(2)(aa); or
(ii)
section 33, or paragraphs 27G(2)(bb) to (jj), the Disciplinary Committee may, subject to subsection (6), by written notice to the interior design consultancy practice, order—
(aa) the issuance of a written reprimand to;
(bb) the imposition of a fine not exceeding fifty thousand ringgit on;
(cc)
the suspension of the registration for a period not exceeding three years of;
(dd)
the cancellation of the registration of; or
(ee) any combination of the sanctions set out in paragraphs
(aa) to (dd) on, the interior design consultancy practice.
(6)
The Disciplinary Committee shall not make any order under paragraphs (5)(aa) to (ee), based upon any of the grounds of complaint set out in paragraphs (5)(a), (b) or (c), or subparagraph
(5)
(ii) unless—
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(i)
there has been a hearing conducted by the Disciplinary
Committee of the grounds of complaint against the interior design consultancy practice, sole proprietor or any of its partners, directors, shareholders or employees who has caused, contributed or been a party to, the grounds of complaint; and
(ii)
an opportunity to be heard by a representative appointed in writing or by counsel in the case of an interior design consultancy practice, or in person or by counsel in the case of a sole proprietor or any partner, director, shareholder or employee, has been given to such interior design consultancy practice, sole proprietor, partner, director, shareholder or employee, as the case may be.
(b)
Notwithstanding paragraph (a), the Disciplinary Committee may make an order under paragraphs (5)(aa) to (ee) if the Board has under subsection 27G(2) suspended or cancelled the registration of—
(i)
a sole proprietor;
(ii)
one of the partners in a partnership comprising only two partners; or
(iii)
one of the directors in the board of directors of a body corporate comprising only two directors.
(c)
In any case where the grounds of complaint are based upon paragraph (5)(d), the Disciplinary Committee shall not make an order under paragraphs (5)(aa) to (ee) if, on the date of hearing, such interior design consultancy practice satisfies the Disciplinary
Committee—
(i)
that the partner, director, shareholder or employee who has committed, or is guilty of, or has contributed to, such act or thing which forms the grounds for the complaint has ceased to be a partner, director,
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shareholder or employee of such interior design consultancy practice;
(ii)
that notwithstanding that such partner, director, shareholder or employee has ceased to be a partner, director, shareholder or employee, such interior design consultancy practice is able to comply with all the terms, conditions and restrictions imposed by the Board pursuant to subsection (3); and
(iii)
that no other partner, director, shareholder or employee of such interior design consultancy practice was, otherwise than by being its partner, director, shareholder or employee at the material date, in any way a party to, or connected with, the act or thing which forms the grounds for the complaint.
(7)
Upon the Disciplinary Committee suspending or cancelling the registration of an interior design consultancy practice pursuant to paragraph (5)(cc) or (dd), respectively, the interior design consultancy practice shall cease to exercise any right or privilege conferred upon it under the registration, but it shall be entitled to recover in any court any fee, charge, remuneration or other form of consideration for interior design consultancy services rendered by it prior to the date of receipt of the written notice from the Disciplinary
Committee suspending or cancelling its registration.
(8)
Without prejudice to subsection 27I, the Board may at any time upon receipt of an application from an interior design consultancy practice whose registration has been suspended or cancelled pursuant to paragraph (5)(cc) or (dd), respectively, reinstate its registration if it is satisfied that—
(i)
the reason which led to the suspension or cancellation of its registration no longer exists; and
(ii)
the interior design consultancy practice, at the time of such application, complies with the terms, conditions and restrictions imposed by the Board pursuant to subsection (3) at the time of the original registration.
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(b)
In reinstating the registration under paragraph (a) the Board may impose such additional terms, conditions and restrictions as it thinks fit.
(9)
There shall be no appeal against—
(a)
any refusal of the Board to register a sole proprietorship, partnership or body corporate as an interior design consultancy practice; or
(b)
any terms, conditions or restrictions imposed by the
Board at the time of registration.