Notices of completion and certain records, signing of
54 Notices of completion and certain records, signing of
Where a notice of completion that is delivered under regulation 52 in respect of electrical installing work is signed by a person other than —
the electrical contractor concerned; or
a nominee in respect of the licence held by the electrical contractor concerned; or
the nominee under regulation 37(1); or
the person carrying out the work approved by the Board under regulation 33(2)(a),
the person who signed the notice commits an offence and the notice shall be deemed not to have been duly completed.
It is a defence in proceedings for an offence against subregulation (1) for a licensed electrical worker charged to prove that, at the time the licensed electrical worker signed the notice of completion, the licensed electrical worker believed on reasonable grounds that —
the electrical installing work was carried out under the authority of an electrical contractor’s licence held by the electrical contractor concerned; and
the licensed electrical worker was a nominee in respect of the licence held by the electrical contractor concerned.
An electrical contractor whose electrical contractor’s licence is cancelled or suspended under these regulations commits an offence if the electrical contractor causes or permits a person who was, immediately before the licence was suspended or cancelled, a nominee in respect of the licence to sign a notice of completion that is delivered under regulation 52 in respect of electrical installing work carried out, or caused to be carried out, by the electrical contractor.
For the purposes of subregulation (1B), an electrical contractor is taken to have caused or permitted a person to sign a notice of completion if, at the time the person signed the notice of completion, the electrical contractor had failed to notify the person under regulation 47C of the cancellation or suspension of the electrical contractor’s licence.
Where an exemption under regulation 53(1) is granted subject to a condition that any electrical installing work carried out by a person referred to in regulation 33(2)(a) or 37(1)(a) be recorded and the record is signed by a person other than —
the nominee under regulation 37(1); or
the person carrying out the work approved by the Board under regulation 33(2)(a),
the person who signed the record commits an offence and the record shall be deemed not to have been duly completed.
[Regulation 54 amended: Gazette 31 Dec 2007 p. 6538; 17 May 2011 p. 1822; 2 May 2017 p. 2300‑1.]
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