| (1) | Despite anything to the contrary contained in these Regulations a contractor who has been registered as such during the pilot project undertaken by the Board during the period immediately preceding the implementation of these Regulations, is exempt from the payment of the first administration fee that the contractor concerned is liable to pay. |
| (2) | If an invitation to tender or submit expressions of interest has been issued by an organ of state before the date of commencement of these Regulations for that organ of state or the date determined by the Minister in terms of section 16 of the Act, that organ of state may award that tender or manage that tender process in accordance with the legislation or other requirements that applied to the organ of state at the time of publication of that invitation to tender or to submit expressions of interest, but— |
| (a) | the contractor to whom the contract has been awarded or who have been declared eligible to submit tender offers, must within 30 days after having been awarded the contract or notified of the eligibility to submit tender offers, apply for registration in terms of these Regulations; and |
| (b) | the employer concerned, must, within 30 days from the dates contemplated in paragraph (a) apply for the registration of the project concerned in terms of these Regulations. |
| (3) | For the purpose of the contract contemplated in sub-regulation (2), the contractor grading designation of a contractor is deemed to be at the level that is required for that contract. |
| (4) | For the purpose of the fair and equitable implementation of these Regulations, the Board may until 15 November 2008, notwithstanding anything to the contrary contained in these Regulations, relax any requirement in relation to the category of registration contemplated in Part II of the Regulations. |
| (4A) | For the purpose of the fair and equitable implementation of these Regulations, the Board may, notwithstanding anything to the contrary contained in these Regulations, until 15 November 2008 relax any requirement in relation to - |
| (a) | the registration of projects contemplated in Part III of these Regulations; |
| (b) | the invitation, award and management of construction works contracts contemplated in Part IV of these Regulations, |
concerning construction works projects and contracts which solely relate to installation, repair, maintenance or alteration in consultation with the industry concerned.
| (5) | Until otherwise determined by the Board by notice in the Gazette, a private sector client or employer must report the award of a construction works contract on the Board's website. |
[Regulation 38(5) substituted by regulation 31 of Notice No. 1224 dated 14 November 2008]
| (6) | Until otherwise determined by the Board by notice in the Gazette and notwithstanding Part III of these Regulations,— |
| (a) | in relation to a public sector client or employer, |
| (i) | the advertisement of a tender invitation in terms of a competitive process and the report of the award of a contract following that advertisement; and |
| (ii) | the report of the award of a contract in terms of a non-competitive tender, |
| (iii) | the report of a cancellation of contract, where applicable or |
| (b) | in relation to a client or employer for the private sector the report of the award of a contract and, where applicable, the cancellation of a contract, |
on the approved form on the Board's website, is deemed to be registration of that project in terms of Part 111 of these Regulations.
[Regulation 38(6) substituted by regulation 31 of Notice No. 1224 dated 14 November 2008]
| (7) | A client or employer is until otherwise determined by the Board by notice in the Gazette, exempt from paying the fee referred to in regulation 18(4). |
[Regulation 38(7) substituted by regulation 31 of Notice No. 1224 dated 14 November 2008]
| (8) | Until otherwise determined by the Board by notice in the Gazette, the invitation of a tender offer, report of the award of a contract or the cancellation thereof as contemplated in subregulation (6) on the Board's website, at least monthly in relation to the public sector and quarterly in relation to the private sector is deemed to be a report in terms of regulation 21. |
[Regulation 38(8) substituted by regulation 31 of Notice No. 1224 dated 14 November 2008]
| (9) | If a contractor who was registered in terms of these Regulations, as a result of the relaxation of any requirement in terms of sub-regulation (4), qualifies to be registered in a contractor grading designation higher than the grade in which he or she was registered, that contractor may on the date of payment of his or her annual fee referred to in regulation 35(2) and notwithstanding regulation 8, be so upgraded. |
| (10) | If a contractor who qualifies as contemplated in sub-regulation (8), wishes to be registered in the higher contractor grading designation before the date of payment of his or her annual fee, that contractor may apply for that amendment of category status in terms of regulation 8 and the contractor is liable to pay the fee referred to in that regulation. |
| (11) | Any Board notice issued under subregulations (4) to (8) by the Board before the commencement of this sub-regulation remains valid until 15 November 2008, unless that notice is repealed by the Board. |
| (12) | The Board may, with the consent of the Minister, by notice in the Gazette, relax any requirement of these Regulations that is reasonably necessary for the exercise of its powers in terms of these Regulations. |
| (13) | Despite subregulation (11), any contractor who was registered on 1 January 2009, and who at application for that registration, in terms of relaxation 1 published by Board Notice 66 of 2005, submitted proof of application for professional registration as contemplated in regulation 12(8), but not proof of such registration, must submit that proof on the date on which he or she applies in terms of regulation 8 to amend his or her category status, the date of renewal of his or her registration as referred to in regulation 9 or the date on which he or she must confirm his or her particulars in terms of regulation 36(2). |
[Regulation 38(13) inserted by regulation 31 of Notice No. 1224 dated 14 November 2008]
