79Circumstances in which private building surveyor may not act

79 Circumstances in which private building surveyor may not act S. 79(1) amended by Nos 33/2010 s. 17, 15/2016 s. 39(1), 21/2017 s. 17(2). (1) Subject to subsection (2), a private building surveyor must not carry out any functions set out in section 76 or 77 in relation to a building or building work if the private building surveyor or a related person— (a) prepared the design of the building or building work; or (b) is, or within the prescribed period was, employed or engaged by the person or body which prepared the design of the building or building work other than an appointment to carry out a function set out in section 76; or (c) has a direct or indirect pecuniary interest in the body which prepared the design of the building or building work; or (d) has a direct or indirect pecuniary interest in the building or building work or in any body carrying out the building work. S. 79(1A) inserted by No. 15/2016 s. 39(2). (1A) A private building surveyor must not carry out any function as a private building surveyor in relation to which the private building surveyor or a related person has a conflict of interest. S. 79(2) amended by Nos 34/2013 s. 34(Sch. 1 item 7), 15/2016 s. 39(3). (2) The Authority, on the application of a private building surveyor, may exempt the private building surveyor from all or any of the requirements of subsection (1) or (1A) in respect of any particular building or building work. An exemption must be in writing. S. 79(2A) inserted by No. 71/1995 s. 7(1), amended by Nos 33/2010 s. 17, 15/2016 s. 39(4). (2A) A private building surveyor must not carry out any functions set out in section 76 or 77 in relation to a building or building work if the private building surveyor— (a) is also an officer or employee of a council and the building is situated in or the building work is to be carried out in the municipal district of that council; or (b) is engaged by a council under section 215 to carry out the functions of municipal building surveyor and the building is situated in or the building work is to be carried out in that municipal district. (3) Except as provided in this Part, a private building surveyor must not accept an appointment to complete any functions set out in section 76 in respect of a building or building work if another private building surveyor or a municipal building surveyor has already commenced to carry out functions set out in that section in respect of that building or building work. S. 79(4) inserted by No. 15/2016 s. 39(5). S. 79(4) def. of *related* *person* substituted by No. 21/2017 s. 5. ***related person***, in relation to a private building surveyor, means— (a) if the private building surveyor is a member of a partnership, another partner in the partnership; or (b) if the private building surveyor is a body corporate, a director of the body corporate or any related body corporate of the body corporate; or (c) any employer of the private building surveyor; or (d) any employee or contractor of the private building surveyor; or (e) the spouse or domestic partner or a sibling, parent or child of the private building surveyor; or (f) any person with whom the private building surveyor has a contractual arrangement that might reasonably be seen to give rise to a conflict between the private building surveyor's functions as a private building surveyor and the private building surveyor's interests under the arrangement.