Rechtsbibliothek und Fallanalyse · Österreich · Belgien · Europäische Union
LAWxPERT Anmelden Kostenloses Konto

S.L. 364.6 · Duty On Documents And Transfers Rules (S.L. 364.6)

S.L. 364.6 Art. 3BEvidence of any act or omission on the part of a warrant holder.

In KraftAmtlicher Text

(1) Where the Commissioner is of the opinion that any document which has been produced to or obtained by him for any purpose of Duty on Documents and Transfers Act, constitutes or contains evidence of any act or omission on the part of a warrant holder, and that such act or omission is an act or omission mentioned in article 15(a)(i) to (iv) of the Periti Act, he shall, subject to the other provisions of this rule, send a copy of that document to the Chamber of Architects.

(2) The Commissioner shall certify any document he sends to the Chamber of Architects in accordance with sub-rule (1) as a true copy of the original and shall send to the Chamber of Architects together with any such document a statement giving the reasons for which he has formed his opinion.

(3) The Chamber of Architects may use any document received in accordance with the provisions of this rule for the purpose of an enquiry which it may conduct under the said Act but not for any other purpose.

(4) A document sent to the Chamber of Architects and certified as a true copy of the original in accordance with this rule shall be admissible as evidence as if it were the original and the production of such document shall not empower any court or authority to request the Commissioner to produce the original of such document or to give evidence on such document except as may be allowed under the other provisions of the Act:

Provided that the Commissioner may be required to produce the original of any such document in any case where it is necessary to prove the handwriting or the signature or the identity of the warrant holder in question, but only for the purpose of such proof and provided that the said original shall be returned to the Commissioner as soon as it is no longer required for the purpose for which it has been produced.

(5) Within a reasonable time from the receipt of any document sent to it in accordance with this rule, the Chamber of Architects shall inform the Commissioner in writing whether it proposes to use the said document for the purpose referred to in sub-rule (3) or not, and, in the latter case, the Chamber of Architects shall state the reason for its decision not to make such a use and shall return the document to the Commissioner.

(6) Within a reasonable time from the conclusion of any enquiry in which any documents referred to the Chamber of Architects in accordance with this rule have been used, the Chamber of Architects shall deliver to the Commissioner a copy of its decision on that enquiry.

(7) Nothing in this rule shall be construed as -

(a) empowering the Chamber of Architects to request any information or documents from the Commissioner or to otherwise have access to documents or other information held by the Commissioner;

(b) binding the Commissioner to give evidence or explanations in respect of any documents sent by him to the Chamber of Architects;

(c) binding the Commissioner to conduct any investigation or make reports on the conduct of any warrant holder.

(8) The documents to which this rule refers are:

(a) any report signed by a warrant holder;

(b) any information, records, or computations, or any extract thereof, in respect of which a report referred to in paragraph (a) has been made.

Änderungsgeschichte
  • Amended by L.N. 465 of 2014