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PROFESSIONAL BODIES REGISTRATION
REGULATIONS, 1971 (CI 20)
ARRANGEMENT OF REGULATIONS
Regulation
1. Registrar of professional
bodies.
2. Register of professional
bodies.
3. Bodies which may be registered,
etc.
4. Mode of application for
registration.
5. Registration.
6. Registrar to notify refusal to
register.
7. Registrar not to register more
than one body in respect of same
profession.
8. Registrar not to register a
body where profession comprises
less than 50 Persons.
9. Cancellation of registration.
10. Appeals from decision of
registrar.
11. President to recognise
professional bodies which are
registered.
12. Right of professional body to
promulgate rules, etc.
13. Accounts and Audit.
14. Registered body to submit
annual return.
15. Registration of professional
persons.
16. Penalties.
17. Exemption from payment of
fees.
18. Commencement.
IN exercise of the powers
conferred on the President by
article 51 of the Constitution,
these Regulations are made this
3rd day of July, 1971.
Regulation 1—Registrar of
Professional Bodies.
There shall be a Registrar of
Professional Bodies who shall be
the Registrar-General hereafter in
these Regulations referred to as
“the Registrar”.
Regulation 2—Register of
Professional Bodies.
The Registrar shall maintain in
accordance with the provisions of
these Regulations a Register of
Professional Bodies, hereafter in
these Regulations referred to as
“the Register”.
Regulation 3—Bodies which may be
Registered, Etc.
(1) Subject to the provisions of
these Regulations, any
professional body may apply to the
Registrar to be registered on the
Register.
(2) A body shall not apply to be
registered and shall not be
registered on the Register as a
professional body unless it is a
society, institution or group of
persons, by whatever name called
the members of which are—
(a) trained and qualified in a
profession recognized as such, and
(b) united in a common interest
for the purposes of pursuing
research and other activities
concerned with the progress of
knowledge in any such profession
and for maintaining and advancing
a code of ethics and conduct among
its members and generally for the
maintenance of the highest ideals
of the profession concerned.
Regulation 4—Mode of Application
for Registration.
(1) Any professional body
desiring to be registered may
apply in writing to the Registrar
and shall furnish to the Registrar
together with its application the
following:—
(a) a copy of the Constitution of
that body,
(b) a list of members of that body
as at the date of application
together with their qualifications
and addresses,
(c) a statement of the activities
of that body for the period of
twelve months immediately
preceding the date of application
or if the body has been in
existence for less than twelve
months a statement of its
activities for the period during
which it has been in existence,
and
(d) such other particulars as the
Registrar may reasonably request.
(2) The Constitution of a
professional body shall include a
statement of the following—
(a) the objects of that body,
(b) rules regulating discipline of
members of the profession in
question and the manner of
enforcing of such rules.
Regulation 5—Registration.
(1) The Registrar shall, subject
to the other provisions of these
Regulations register any body
applying for registration if he is
satisfied:—
(a) that that body has complied
with the requirements of
Regulation 4 of these Regulations,
(b) that it is such a body as is
described in subregulation (2) of
Regulation 3 of these Regulations,
and
(c) that the body in question
represents not less than 75 per
cent of persons trained and
qualified in the profession in
respect of which that body desires
to be registered.
(2) The Registrar shall cause to
be published in the Gazette,
notice of every registration
effected under this regulation.
(3) A professional body shall,
before registration pay to the
Registrar a registration fee of
N¢200.00 and shall also pay to the
Registrar annually and before the
31st day of January, a further
fee of N¢100.00.
Regulation 6—Registrar to Notify
Refusal to Register.
Where the Registrar refuses to
register any body under these
Regulations he shall within seven
days of the refusal notify that
body in writing of his reasons for
the refusal.
Regulation 7—Registrar not to
Register more than one body in
Respect of same Profession.
The Registrar shall not register
more than one professional body in
respect of any one profession.
Regulation 8—Registrar not to
Register a Body where Profession
Comprises less than 50 Persons.
Unless the President is satisfied
that it is in the interest of the
profession concerned so to do, the
Registrar shall not register a
professional body in respect of a
profession comprising less than
fifty persons trained and
qualified in the profession.
Regulation 9—Cancellation of
Registration.
(1) The Registrar may cancel the
registration of a professional
body if he is satisfied:—
(a) that that body has ceased to
be such a body as is described in
subregulation (2) of Regulation 3
of these Regulations, or
(b) that it represents less than
75 per cent of persons trained
and qualified in the profession
in respect of which it was
registered, or
(c) that that body has contravened
any of the provisions of these
Regulations.
(2) Any such cancellation shall be
published in the Gazette and shall
take effect upon such publication.
(3) Before cancelling the
registration of any professional
body the Registrar shall give to
that body not less than a month’s
notice in writing of his intention
to cancel the registration and his
reasons for the cancellation.
Regulation 10—Appeals from
Decision of Registrar.
(1) Any professional body
aggrieved by the refusal of the
Registrar to register it may
within one month after receipt of
the reasons for the Registrar’s
refusal appeal to the Supreme
Court against such refusal.
(2) Any person aggrieved by the
registration of any professional
body under these Regulations may
appeal to the Supreme Court
against such registration within
one month after notice of the
registration is published in the
Gazette by the Registrar under
Regulation 5 of these Regulations.
(3) The Supreme Court may upon any
apeal brought under subregulation
(1) or (2) of this regulation
confirm, reverse or vary the
decision of the Registrar.
(4) Any professional body
aggrieved by a cancellation of its
registration may appeal against it
to the Supreme Court within one
month after the publication in the
Gazette by the Registrar of the
notice of cancellation and the
Supreme Court may confirm the
cancellation or may set it aside
and order the name of the
professional body concerned to be
restored to the register.
(5) The only ground on which a
professional body is entitled to
appeal under subregulation (4) of
this regulation is that the
provisions of subregulation (1) of
Regulation 9 of these Regulations
have not been complied with.
Regulation 11—President to
Recognise Professional Bodies
which are Registered.
(1) The President shall recognise
for the purposes of article 51 of
the Constitution every
professional body which has been
duly registered under these
Regulations.
(2) Upon such recognition an
instrument of recognition under
the Presidential Seal shall be
issued to that body and notice of
the recognition shall be published
in the Gazette.
(3) Any such recognition shall
cease to have effect upon the
cancellation of the registration
of that body under these
Regulations.
Regulation 12—Right of
Professional Body to Promulgate
Rules, Etc.
(1) A professional body registered
under these Regulations shall have
the right with the prior approval
of the President to promulgate
rules and regulations governing
the admission and the code of
ethics of its members compatible
with its traditions including
rules and regulations providing
for the ceasing of a person to be
a member of the profession.
(2) Notwithstanding anything
contained in any rules or
regulations made by virtue of this
regulation any person adversely
affected by any decision of a
professional body registered under
these Regulations or of any
disciplinary authority thereof,
being a decision refusing him
admission to or terminating or
suspending or refusing to restore
his membership of, the
professional body or requiring him
to pay a fine or to pay the costs
of any inquiry, may appeal to the
Supreme Court against such
decision—
(a) on any question of law or
mixed law and fact,
(b) with the leave of the Supreme
Court on any question of fact.
(3) Any decision referred to in
subregulation (2) of this
regulation shall be communicated
in writing to the person affected
by the professional body or
disciplinary authority concerned.
(4) An appeal under subregulation
(2) of this regulation shall be
lodged within twenty-one days
after the decision was
communicated to the person making
the appeal.
(5) Unless the Supreme Court
otherwise directs, any such
decision shall not have effect
during the period within which an
appeal may be brought under
subregulation (4) of this
regulation and, unless the Supreme
Court otherwise directs, where an
appeal has been lodged it shall
not take effect until the appeal
is finally determined or is
discontinued.
(6) The Supreme Court may upon
hearing any such appeal confirm,
reverse or vary the decision
appealed against as it thinks fit
and may otherwise make such order
as it may think fit.
Regulation 13—Accounts and Audit.
(1) A professional body registered
under these Regulations shall keep
proper records of its accounts.
(2) The accounts of such
professional body shall be audited
each year by an auditor approved
by the Registrar.
Regulation 14—Registered Body to
Submit Annual Return.
A
professional body registered under
these Regulations shall submit
before the 31st day of January in
each year a return in respect of
the preceding year which shall
include—
(a) a copy of its audited
accounts;
(b) an up to date list of its
members;
(c) any changes which have
occurred in its Constitution; and
(d) such other information as the
Registrar may require.
Regulation 15—Registration of
Professional Persons.
(1) A person who has been
admitted or enrolled as or
otherwise accepted to be a member
of any professional body
registered and recognised under
these Regulations shall upon the
payment by him to the Registrar of
a fee of N¢50.00 be entitled to be
registered in the Register by the
Registrar in respect of that
professional body.
(2) The registration of a person
under subregulation (1) of this
regulation shall lapse at the end
of each calendar year and shall
upon the payment by him to the
Registrar of a renewal fee of
N¢10.00, be renewed by the
Registrar.
(3) No person shall practise any
profession in respect of which a
professional body has been
registered and recognised under
these Regulations unless he has
been duly registered by the
Registrar under this regulation.
Regulation 16—Penalties.
Any person who—
(a) not being registered under
Regulation 15 as a member of a
professional body registered and
recognised under these Regulations
represents himself or holds
himself out as so registered, or
(b) not having the qualification
for admission to or enrolment in
or for being accepted as a member
of, such a body knowingly
represents that he has such
qualification, or
(c) otherwise contravenes any of
the provisions of these
Regulations
shall be guilty of an offence and
shall on summary conviction be
liable to a term of imprisonment
not exceeding five years or to a
fine not exceeding N¢1,000.00 or
to both; and where the offence is
of a continuing nature the
offender shall be liable to a
further fine not exceeding N¢50.00
in respect of each day on which
the offence continues.
Regulation 17—Exemption from
Payment of Fees.
The President may in exceptional
circumstances, by notice published
in the Gazette exempt any
professional body or any person
from the payment of the whole or
any part of any fees prescribed by
Regulation 5 or 15 of these
Regulations.
Regulation 18—Commencement.
These Regulations shall come into
force on the 1st day of August,
1971.
E. AKUFO-ADDO
President
Date of Gazette Notification: 9th
July, 1971.
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