BUILDING ACT 1993 - SECT 135 Order requiring insurance

BUILDING ACT 1993 - SECT 135

    (1)     The Minister may, by order published in the Government Gazette—

S. 135(1)(a) amended by No. 26/2019 s. 120(1).

        (a)     require building practitioners in specified categories or classes of building practitioners or any part of a class or category of building practitioners or any persons in a specified category or class of engineers engaged in the building industry to be covered by insurance; and

        (b)     require specified classes of persons to whom section 137B or 137D applies to be covered by insurance for the purposes of that section; and

        (c)     specify the kinds and amount of insurance by which building practitioners and persons in each specified category or class or part of a category or class are required to be covered.

S. 135(2) amended by No. 36/2002 s. 9(1).

    (2)     An order under subsection (1) or subsection (4) must state the date of taking effect of the order which must not be earlier than one month after the date of publication of the order in the Government Gazette.

    (3)     The Minister may in a particular case vary any excess specified in an order under subsection (1) if the Minister is satisfied that it is appropriate to do so.

S. 135(4) substituted by No. 36/2002 s. 9(2).

    (4)     The Minister may, by order published in the Government Gazette, amend or revoke an order made under subsection (1).

S. 135(5) amended by No. 15/2016 s. 18(1).

    (5)     The Minister may consult with the Authority before making an order under this section.

    (6)     For the purposes of this Act, a person is covered by the required insurance if—

        (a)     the person holds the required insurance; or

        (b)     the building work carried out by or on behalf of the person is covered by the required insurance; or

        (c)     in the case of a person who manages or arranges the carrying out of domestic building work, the work carried out by the person and the building work which the person manages or arranges is covered by the required insurance; or

        (d)     the person is not a party to the required insurance but is specified or referred to in the insurance, whether by name or otherwise, as a person to whom the insurance cover extends.

    (7)     In this section "insurance" includes—

        (a)     professional indemnity insurance;

        (b)     a performance bond;

        (c)     a guarantee;

        (d)     an indemnity;

        (e)     public liability insurance;

        (f)     insurance relating to a particular building work project;

S. 135(7)(g) amended by No. 26/2019 s. 120(2).

        (g)     insurance taken out by any body or person which relates to the work of a building practitioner or an engineer engaged in the building industry;

        (h)     any agreement or instrument in the nature of an item set out in paragraphs (a) to (g).

S. 136 (Heading) inserted by No. 26/2019 s. 121(1).

S. 136 substituted by No. 91/1995 s. 140.