Section 22: Repeal, transitional provisions, etc

(1) The Survey Act 1958 and the Survey Act 1970 are hereby repealed.
(2) The Surveyors Licensing Board established pursuant to the Survey Act is hereby dissolved and, accordingly-
(a) any person who immediately before the commencement of the Act held appointment as an employee of the said Board shall, on the commencement of this Act, be deemed to have been deployed to the Council as an employee thereof without further assurance than by virtue of this Act;
(b) all property held by or on behalf of the said Board immediately before the commencement of this Act shall, on the commencement of this Act, be deemed to have been vested in the Council without further assurance than by virtue of this Act.
(3) Subject to the provisions of section 19 of this Act, anything made or done or having effect as if made or done before the commencement of this Act, under or for the purposes of the Survey Act 1958 or the Survey Act 1970 by the Surveyors Licensing Board or the Disciplinary Committee established thereunder and having any continuing or resulting effect with respect to--
(a) the preparation and maintenance of the register;
(b) the licensing and registration of persons as licensed surveyors; or
(c) the taking of disciplinary actions against such licensed surveyors,
shall be treated from the commencement of this Act as if it were made or done under this Act by the Council or the Disciplinary Committee established by this Act, as the case may be.
(4) Any licensed surveyor who on the commencement of this Act is licensed under the enactments mentioned in subsection (1) of this section, shall be deemed to be registered as a surveyor under this Act; and without prejudice to the generality of the foregoing, the following categories of persons shall also be deemed to be registered on the commencement of this Act-
(a) all past and present holders of the office of Surveyor-General of a State;
(b)
all past and present heads of the Survey Regiment of Corps of Engineers of the Nigerian Army;
(c) past and present heads of the Hydrographic Department of the Nigerian Navy;
(d) past and present heads of Aerial Photographic Unit of the Nigerian Air Force; and
(e)
such other persons who satisfy the qualification for exemption in paragraph 3 of the Second Schedule to the Survey (Examination and Licensing of Surveyors) Regulations 1970, Papers I-V of Part II of the Surveyors Licensing Examinations and have been engaged in an approved office in Nigeria for not less than five years preceding the commencement of this Act.
(5) It shall be duty of the registrar to make in the relevant part of the register all the appropriate entries relating to any surveyor deemed to be registered under subsection (4) of this section.
(6) Where, before the commencement of this Act, a licensed surveyor had, in consequence of a decision under section 19 of the Survey Act 1958 had his licence suspended or cancelled and had surrendered such licence under section 21 of the said Act, such a licensed surveyor shall, as from the commencement of this Act, be deemed to be subject to a direction under section 17 (1) of this Act, ordering the registrar to strike his name off the relevant part of the register.
(7) For the purposes of subsection (6) of this section, a licensed surveyor shall be entitled to make an application to the Disciplinary Committee under section 17 (8) of this Act at any time after the expiration of six months from the restoration of his licence, and the Disciplinary Committee may in its absolute discretion, and after such enquiry as it may consider desirable, either allow or refuse the application.
(8) Notwithstanding the provisions of subsections (1) and (2) of section 9 of this Act, a person shall be entitled to be registered as a surveyor under this Act if, before the commencement of this Act, he was entitled to be licensed to practice the profession of surveying or if he would be so entitled on the completion of a course of instruction or training in which he was then engaged at an institution recognised by the Council.
(9) For the purposes of subsection (8) of this section, any person who failed to complete such a course of instruction or training shall not be entitled to be registered as a surveyor under this Act.