4.—(1) Subject to the provisions of this paragraph, a registered inspector may publicise his practice.(2) A registered inspector shall not publicise his practice in a manner which —| (a) | is likely to diminish public confidence in the profession or to otherwise bring the profession into disrepute; | | (b) | may reasonably be regarded as being misleading, deceptive, inaccurate, false or unbefitting of the dignity of the profession; or | | (c) | is determined by the Commissioner to be an undesirable manner of publicising the practice of a registered inspector. |
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(3) For the purposes of sub-paragraph (2), publicity shall be considered to be misleading, deceptive, inaccurate or false if it —| (a) | contains a material misrepresentation; | | (b) | omits to state a material fact; | | (c) | contains any information which cannot be verified; or | | (d) | is likely to create an unjustified expectation about the results that can be achieved by the registered inspector. |
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(4) In publicising his practice, a registered inspector shall ensure that —| (a) | any claim to expertise or specialisation can be justified; | | (b) | the publicity does not make any direct or indirect mention of any project in which or client for whom —| (i) | the registered inspector is acting or has acted; or | | (ii) | any person assisting or who has assisted the registered inspector in his work is acting or has acted, |
| where the provision of such information will involve a breach of confidentiality owed to the client; and |
| | (c) | the publicity does not make any comparison or criticism in relation to the quality of the services provided by any other registered inspector. |
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(5) For the purpose of sub-paragraph (4)(a), the following factors shall be taken into account in justifying any claim to expertise or specialisation:| (a) | academic qualifications of the registered inspector and any person assisting the registered inspector in his work; | | (b) | experience in supplying inspection services of a similar nature; | | (c) | resources and capacity to render the inspection services which the registered inspector claims to have expertise or specialisation in; and | | (d) | such other matters as the Commissioner may determine to be relevant. |
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| (6) It shall be the responsibility of every registered inspector to ensure that any publicity relating to his practice complies with this paragraph, whether such publicity is conducted by him or by any other person on his behalf. |
| (7) Where a registered inspector becomes aware of any impropriety in any publicity relating to his practice, it shall be his responsibility to use his best endeavours to procure the rectification or withdrawal of the publicity, and to prevent its recurrence. |
| (8) The responsibility of a registered inspector under this paragraph shall not be capable of being delegated and the registered inspector shall remain personally responsible for any contravention of this paragraph notwithstanding the fact that he may have delegated such responsibilities to another person. |
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