23Entitlement to act as certifier

23 Entitlement to act as certifier (1) A licensed construction practitioner is not entitled to perform services as a certifier in relation to building work if the practitioner has an interest in the work. (2) For this section, a licensed construction practitioner has an interest in building work if the practitioner, or a person related to the practitioner— (a) has a legal or equitable interest in the land where the building work is, or is to be, carried out; or (b) has prepared, or intends to prepare, drawings intended to be used in relation to the construction of the building work; or (c) has carried out, or intends to carry out, any of the building work; or (d) has a financial interest in the construction or completion of the (3) For this section, a person is related to a licensed construction practitioner if the person is— (a) a person with whom the practitioner has a personal, professional, commercial or financial relationship; or

(b) an employer or employee of the practitioner; or (c) a company of which the practitioner is a director or in which the practitioner holds a share. (4) This section does not prevent a certifier from sketching a required design solution as part of a direction in a notice under section 44 (2) (a).