Alnowaiser Law Legal Update - issue 51

Editorial

Legal Measures for Cancellation of Professional Accreditation and Licenses for Engineering Offices and Companies

On 11 Shaban 1439H, corresponding to 27 April 2018, the draft Executive Regulations of the Practice of Engineering Professions Law was published in the Official Gazette Umm Al-Qurra, edition no. 4721.  This Executive Regulation shall come into effect after its publication in the Official Gazette according to Article 14 of the Regulation.  

As outlined in Articles 3 and 4 of the Regulation, the categories of Professional Accreditation consist of Engineer, Specialist, and Technician. The professional grades for Engineer include Engineer, Associate Engineer, Professional Engineer, and Consultant Engineer.

Article 7 of the Regulation allows all those authorized to practice engineering work in the Kingdom to work in the following areas: designs, drawings, studies, engineering research, preparation of drawings, engineering drawings, reports, follow-up, technical supervision of the execution of works and engineering projects, taking over works, sample and materials approval, specification review, making the necessary technical tests and examinations, management and operation of facilities, engineering projects, instruments and equipment, and maintenance.  
 
The Regulation distinguishes between cancellation of a relevant accreditation and cancellation of the licenses for engineering offices and companies. According to Article 8, Professional  Accreditation shall be cancelled in the following cases:

  • The professional accreditation holder submits an application to cancel it;  
  • The professional accreditation holder breaches any of the professional  accreditation conditions; or
  • A justified decision is rendered by the Consideration Committee cancelling the professional accreditation.
  • The License for an engineering office or an engineering company shall be cancelled in the following cases:
  • The license holder submits an application to cancel it;  
  • The license holder is in breach of any professional  standards and/or the license conditions; or
  • A justified decision is rendered by the Consideration Committee to cancel the license. 

Article 1 of the Regulation established a committee called the “Consideration Committee” which is competent to consider the violations, according to Article 12 set forth in the Practice of Engineering Professions Regulating Law, enacted by the Royal Decree No. (M/36), dated 19/4/1438H. Pursuant to Article 13 of the Regulation, this Committee shall impose penalties in view of the nature of the violation, the level of  severity, and the circumstances of its commission and shall prepare a violations classification. The authorized Commissioner shall control application of the provisions of the Law and the Executive regulation, arrest the violators, conduct the inspection, control raids, and consider the necessary documents.