sec.7Meaning of qualified business person and qualified technical person

sec.7 Meaning of qualified business person and qualified technical person

A qualified business person , for an applicant or a licensed electrical contractor, is an individual who satisfies the regulator that he or she— is a fit and proper person; and is competent to perform the business aspects of performing electrical work as, or for, a licensed electrical contractor; and has satisfactorily finished a course of instruction, or an examination required by the regulator, on business aspects of performing electrical work; and is someone who— has satisfactorily finished a course of instruction, or an examination required by the regulator, on business aspects of performing electrical work in addition to a course or examination mentioned in paragraph (c) ; or holds a qualification in business approved by the regulator and published on the department’s website; or has been operating a business for a period of, or periods totalling, 5 years. A qualified technical person , for an applicant or a licensed electrical contractor, is an individual who satisfies the regulator that he or she— is a fit and proper person; and either— if the electrical work to be performed by the applicant or licensed electrical contractor may be performed only by the holder of an electrical work licence—has held for at least 2 years, or a shorter period considered acceptable by the regulator, and still holds, an electrical work licence; or has held for at least 2 years, or a shorter period considered acceptable by the regulator, and still holds, an external contracting authority; and is competent to perform electrical work as, or for, a licensed electrical contractor; and has satisfactorily finished a course of instruction, or an examination required by the regulator, on technical aspects of performing electrical work. Despite subsections (1) and (2) , for a person who is an individual to be a qualified business person or qualified technical person— for an applicant or licensed electrical contractor who is an individual, the person must also be, or be an employee of, that individual; or for an applicant or licensed electrical contractor that is a partnership, the person must also be a member or an employee of that partnership; or for an applicant or licensed electrical contractor that is a corporation, the person must also be an executive officer, a member or an employee of that corporation. In deciding whether a person who is an individual is a fit and proper person, the regulator may consider only— the standard of honesty and integrity demonstrated by the person in commercial and other activities in which the person has been involved; and any failure by the person to perform commercial or statutory obligations and the reasons for the failure. Despite subsection (4) , a person who is an individual is not a fit and proper person to be a qualified technical person if the individual is disqualified from being a qualified technical person for the holder of an electrical contractor licence, because of disciplinary action taken by the licensing committee. In this section— applicant means an individual, partnership or corporation that has applied for the issue of an electrical contractor licence. s 7 amd 2018 SL No. 216 s 4 (sec.7-ssec.1) A qualified business person , for an applicant or a licensed electrical contractor, is an individual who satisfies the regulator that he or she— is a fit and proper person; and is competent to perform the business aspects of performing electrical work as, or for, a licensed electrical contractor; and has satisfactorily finished a course of instruction, or an examination required by the regulator, on business aspects of performing electrical work; and is someone who— has satisfactorily finished a course of instruction, or an examination required by the regulator, on business aspects of performing electrical work in addition to a course or examination mentioned in paragraph (c) ; or holds a qualification in business approved by the regulator and published on the department’s website; or has been operating a business for a period of, or periods totalling, 5 years. (sec.7-ssec.2) A qualified technical person , for an applicant or a licensed electrical contractor, is an individual who satisfies the regulator that he or she— is a fit and proper person; and either— if the electrical work to be performed by the applicant or licensed electrical contractor may be performed only by the holder of an electrical work licence—has held for at least 2 years, or a shorter period considered acceptable by the regulator, and still holds, an electrical work licence; or has held for at least 2 years, or a shorter period considered acceptable by the regulator, and still holds, an external contracting authority; and is competent to perform electrical work as, or for, a licensed electrical contractor; and has satisfactorily finished a course of instruction, or an examination required by the regulator, on technical aspects of performing electrical work. (sec.7-ssec.3) Despite subsections (1) and (2) , for a person who is an individual to be a qualified business person or qualified technical person— for an applicant or licensed electrical contractor who is an individual, the person must also be, or be an employee of, that individual; or for an applicant or licensed electrical contractor that is a partnership, the person must also be a member or an employee of that partnership; or for an applicant or licensed electrical contractor that is a corporation, the person must also be an executive officer, a member or an employee of that corporation. (sec.7-ssec.4) In deciding whether a person who is an individual is a fit and proper person, the regulator may consider only— the standard of honesty and integrity demonstrated by the person in commercial and other activities in which the person has been involved; and any failure by the person to perform commercial or statutory obligations and the reasons for the failure. (sec.7-ssec.5) Despite subsection (4) , a person who is an individual is not a fit and proper person to be a qualified technical person if the individual is disqualified from being a qualified technical person for the holder of an electrical contractor licence, because of disciplinary action taken by the licensing committee. (sec.7-ssec.6) In this section— applicant means an individual, partnership or corporation that has applied for the issue of an electrical contractor licence.