Statement by the Delegation of the Russian Federation in response to the report by the Head of the OSCE Mission to Moldova, Ambassador Michael Scanlan
There shall continue to be a body corporate known as the Architects Registration Board.
There shall continue to be a Professional Conduct Committee of the Board.
There is to be an Appeals Committee of the Board.
Part I of Schedule 1 makes provision about the Board.
Part II of that Schedule makes provision about the Professional Conduct Committee.
Part III of that Schedule gives the Board power to establish other committees and makes provision about committees established by the Board.
Part 2A of that Schedule makes provision about the Appeals Committee.
Part IV of that Schedule makes general provision about the Board and its committees.
The Board is authorised to enter into regulator recognition agreements in respect of architects.
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The Board shall appoint a person to be known as the Registrar of Architects.
The Board shall decide the period for which, and the terms on which, the Registrar is appointed.
The Registrar shall have the functions provided by or by virtue of this Act and any other functions which the Board directs.
The Registrar may delegate any of those functions to a member of the staff of the Board who is nominated by the Board for the purpose of this subsection.
The Board may, in addition to paying to the Registrar a salary or fees, pay pensions to or in respect of him, or make contributions to the payment of such pensions, and pay him allowances, expenses and gratuities.
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The Registrar shall maintain the Register of Architects in which there shall be entered the name of every person entitled to be registered under this Act.
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The Register shall show the regular business address of each registered person.
The Registrar shall make any necessary alterations to the Register and, in particular, shall remove from the Register the name of any registered person who has died or has applied in the prescribed manner requesting the removal of his name.
The Register shall show disciplinary orders made in relation to a registered person for such period as may be prescribed.
The Board shall publish the current version of the Register annually and a copy of the most recently published version shall be provided to any person who requests one on payment of a reasonable charge decided by the Board.
A copy of the Register purporting to be published by the Board shall be evidence (and, in Scotland, sufficient evidence) of any matter mentioned in it.
A certificate purporting to be signed by the Registrar which states that a person— shall be evidence (and, in Scotland, sufficient evidence) of any matter stated.
is registered;
is not registered;
was registered on a specified date or during a specified period;
was not registered on a specified date or during a specified period; or
has never been registered,
The Board may exclude the whole or any part of the regular business address of a registered person from the published version of the Register if—
the registered person has applied in the prescribed manner requesting the address or part of it to be excluded from the published version, and
the Board is satisfied that the address is also a residential address of the registered person.
A person who has applied to the Registrar in the prescribed manner for registration ... is entitled to be registered ... if—
he holds such qualifications and has gained such practical experience as may be prescribed; or
he has a standard of competence which, in the opinion of the Board, is equivalent to that demonstrated by satisfying paragraph (a).
But the Board may by rules provide that a person who satisfies subsection (1)(a) by reason of holding overseas qualifications or gaining overseas practical experience is entitled to be registered only if the person has undertaken such training, passed such test or met such other condition as is prescribed.
The Board may require a person who applies for registration on the ground that he satisfies subsection (1)(b) to pass a prescribed examination in architecture.
Before ...— the Board shall consult the bodies representative of architects which are incorporated by royal charter and such other professional and educational bodies as it thinks appropriate.
prescribing qualifications or practical experience for the purposes of subsection (1)(a);
making rules under subsection (1A); or
prescribing any examination for the purposes of subsection (2),
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Where a person has duly applied for registration ...—
if the Registrar is satisfied that the person is entitled to be registered ..., he shall enter his name in ... the Register; but
if the Registrar is not so satisfied, he shall refuse the application.
The Registrar shall not consider an application for registration ... in any case in which it is inappropriate for him to do so (for instance because he is in any way connected with the applicant) but in such a case he shall refer the application to the Board.
Where a person’s application is referred to the Board under subsection ... (5), the Board shall —
direct the Registrar to enter the person’s name in the Register if it is satisfied that the person is entitled to be registered, or
direct the Registrar to refuse the application if it is not so satisfied.
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In this section—
“overseas practical experience” means practical experience obtained mainly outside the United Kingdom;
For the purposes of subsection (8) a body is based—
where its registered office is,
if it does not have a registered office, where its head office is, or
if it does not have a registered office or a head office, where its principal place of operation is.
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A national of an EEA State who has applied to the Registrar in the prescribed manner for registration in pursuance of this section is entitled to be registered if he holds—
a recognised EEA qualification;
an established EEA qualification; or
a relevant EEA certificate.
A qualification is a recognised EEA qualification for the purposes of this section if it is required to be recognised under Article 2 of the Directive (recognition of qualifications satisfying the requirements of Articles 3 and 4 of the Directive which are included in a list published in the Official Journal in accordance with Article 7).
A qualification is an established EEA qualification for the purposes of this section if it is required to be recognised under Article 10 or 14 of the Directive (recognition of established qualifications set out in Article 11 and certain equivalent qualifications).
A certificate is a relevant EEA certificate for the purposes of this section if it is issued by a competent authority of an EEA State in accordance with Article 5 or 12 of the Directive and states—
in the case of a certificate issued in accordance with Article 5 of the Directive, that the person concerned is, by reason of his distinguished achievements in the field of architecture, entitled to use the title of architect; or
in the case of a certificate issued in accordance with Article 12 of the Directive, that the person concerned has been, no later than the date on which that State implemented the Directive, authorised in that State to use the title of architect and that he has pursued activities in the field of architecture effectively for at least three consecutive years during the five years preceding the issue of the certificate.
A recognised EEA qualification or an established EEA qualification shall be accompanied by—
a certificate issued by a competent authority of an EEA State, in accordance with Article 23(2) of the Directive, stating that the person concerned has gained at least two years' practical training experience in that State under the supervision of a person established as an architect in that State; or
a certificate issued by a competent authority of the Federal Republic of Germany, in accordance with Article 4(1) of the Directive, stating that the person concerned has gained at least four years' appropriate professional experience in the Federal Republic of Germany.
An application by a person for registration in pursuance of this section may be refused if there is a disqualifying decision in another EEA State in force in respect of that person.
A person who is registered in pursuance of this section shall, when using his academic title or any abbreviation of it, express the title or abbreviation in the language or one of the languages of the EEA State in which the body conferring the title is located and shall follow the title or abbreviation with the name and location of the body conferring the title.
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The Board may require an applicant for registration ... to pay a fee of a prescribed amount.
The Board may require a candidate for any examination under section 4(2) to pay a fee of a prescribed amount.
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The Board may prescribe the information and evidence to be provided to the Registrar in connection with an application for registration ....
The Registrar shall serve on an applicant ... written notice of the decision on his application.
where the application is made on the ground that he satisfies section 4(1)(a) or in pursuance of section 5, within three months of his application being duly made; and
where the application is made on the ground that he satisfies section 4(1)(b), within six months of his application being duly made.
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The Registrar shall deal expeditiously with all applications for registration.
A notice under subsection (4) shall be served—
in the case of an application by a person who in making the application relies on section 4(1)(a), within three months beginning with the date on which the application is made;
in any other case, within six months beginning with the date on which the application is made.
Notice of a refusal of an application shall state reasons for the refusal.
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A person commits an offence if the person intentionally—
becomes or attempts to become registered under this Act, or
does any of the things mentioned in subsection (1A) anywhere in or outside the United Kingdom.
Those things are—
making to the Board or to the Registrar,
producing to the Board or to the Registrar,
causing to be made to the Board or to the Registrar, or
causing to be produced to the Board or to the Registrar
A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
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Where a person requests the Board to issue a certificate of architectural education confirming that the person’s training as an architect— the Board may issue such a certificate to that person if the training ... gives that entitlement or includes those qualifications.
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gives that person entitlement under section 4 to be registered ..., or
includes prescribed or equivalent qualifications,
The Board may require a person making a request under subsection (1) to pay a fee of a prescribed amount.
The Board may require a registered person to pay a retention fee of a prescribed amount if he wishes his name to be retained in ... the Register in any calendar year after that in which it was entered.
Where, after the Registrar has sent a registered person who is liable to pay a retention fee a written demand for the payment of the fee, the person fails to pay the fee within the prescribed period, the Registrar may remove the person’s name from ... the Register.
Where a person whose name has been removed from ... the Register under subsection (2) pays the retention fee, together with any further prescribed fee, before the end of the calendar year for which the retention fee is payable or such longer period as the Board may allow—
his name shall be re-entered in ... the Register (without his having to make an application under section 4 ...); and
if the Board so directs, it shall be treated as having been re-entered on the date on which it was removed.
Where the Board is not satisfied that a person who— has gained such recent practical experience or undertaken such recent training as the Board may prescribe, his name shall not be entered or re-entered in ... the Register, or shall be removed from it, unless he satisfies the Board of his competence to practise.
applies for registration in pursuance of section 4 ...;
wishes his name to be retained or re-entered in ... the Register under section 8; or
applies for his name to be re-entered in ... the Register under section 18,
Before prescribing recent practical experience or training for the purposes of subsection (1), the Board shall consult the bodies representative of architects which are incorporated by royal charter and such other professional and educational bodies as it thinks appropriate.
Where the Board decides that the name of a person to whom paragraph (b) of subsection (1) applies is by virtue of that subsection to be removed from, or not to be re-entered in, ... the Register, the Registrar shall serve written notice of the decision on him within the prescribed period after the date of the decision.
A notice under subsection (2) must state reasons for the decision.
Where the Board decides that the name of a person to whom paragraph (b) of subsection (1) applies is by virtue of that subsection to be removed from Part 1 of the Register—
the person shall be entitled to apply to the Board within a prescribed period for an extension of time to gain the prescribed experience or undertake the prescribed training or to otherwise satisfy the Board of the person’s competence to practise, and
the Board shall not remove the name of the person from the Register unless—
the person has not made an application for an extension of time within the prescribed period,
an extension of time granted by the Board has expired and the Board is not satisfied that the person has gained the prescribed experience or undertaken the prescribed training or is otherwise competent to practise, or
the Board has decided not to grant an extension of time in respect of an application made by the person.
For the purposes of this section, a person is competent to practise if the person has the skills, knowledge, experience and behaviours required for a person to practise as an architect.
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The Board may order the Registrar to remove a person’s name from the Register if—
it was entered in the Register in pursuance of section 5 at a time when there was a disqualifying decision in another EEA State in force in respect of the person;
at that time the Board was unaware of that fact; and
the Board is satisfied that the person was at that time and is still subject to that disqualifying decision.
Where the Board orders the Registrar to remove a person’s name from the Register under this section, the Registrar shall serve written notice of the removal on him as soon as is reasonably practicable.
Where the Registrar serves notice in writing on a registered person asking if he has changed his regular business address—
if no answer is received within six months from the sending of the notice, the Registrar shall serve further written notice on him; and
if no answer is received within three months from the sending of the further notice, the Registrar may remove his name from the Register.
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The Registrar shall maintain, in addition to the Register, a list of visiting EEA architects and shall permit any person to inspect it during normal working hours.
The list of visiting EEA architects shall show the name and qualifications of each person enrolled on it and the period or periods for which and services in respect of which each enrolment is effective.
A national of an EEA State established as an architect in an EEA State other than the United Kingdom who has applied to the Registrar in the manner specified in subsection (4) is entitled to be enrolled on the list of visiting EEA architects.
An application is made by supplying—
a declaration in writing giving particulars of the services to be provided by the person while visiting the United Kingdom and the period or periods for which he expects to provide them; and
a certificate (or certificates) issued not more than twelve months previously by the competent authority of an EEA State in which he is established as an architect showing that he is lawfully pursuing activities in the field of architecture in an EEA State other than the United Kingdom and holds a qualification or certificate specified in section 5(1).
Enrolment on the list of visiting EEA architects shall be for such period or periods and in respect of such services as the Registrar considers appropriate having regard to the particulars given in the declaration made under subsection (4)(a).
No fee shall be charged for enrolment on the list of visiting EEA architects.
A person shall not be enrolled on the list of visiting EEA architects at a time when—
he is subject to a disqualifying decision in another EEA State;
he is required under section 9(1) to satisfy the Board of his competence to practise but has not done so; or
his name has been removed from the Register because of a suspension order or an erasure order and has not been re-entered.
A person’s name shall be removed from the list of visiting EEA architects if—
he becomes established as an architect in the United Kingdom;
he renders services in the United Kingdom otherwise than in accordance with a declaration supplied by him under subsection (4)(a); or
he may no longer lawfully pursue activities in the field of architecture in the EEA State in which the certificate supplied under subsection (4)(b) showed he was lawfully pursuing such activities.
A person enrolled on the list of visiting EEA architects shall, when using his title or any abbreviation of it, express the title or abbreviation in the language or one of the languages of the EEA State in which the body conferring the title is located and shall follow the title or abbreviation with the name and location of the body conferring the title.
The Board shall issue a code laying down standards of professional conduct and practice expected of registered persons.
The Board shall keep the code under review and vary its provisions whenever it considers it appropriate to do so.
Before issuing or varying the code, the Board shall—
consult such professional bodies and such other persons with an interest in architecture as it considers appropriate; and
publish in such manner as it considers appropriate notice that it proposes to issue or vary the code, stating where copies of the proposals can be obtained.
Failure by a registered person to comply with the provisions of the code—
shall not be taken of itself to constitute unacceptable professional conduct or serious professional incompetence on his part; but
shall be taken into account in any proceedings against him under section 14.
The Board shall provide a copy of the code to any person who requests one on payment of a reasonable charge decided by the Board (and may provide a copy free of charge whenever it considers appropriate).
Where an allegation is made that a registered person is guilty of— or it appears to the Registrar that a registered person may be so guilty, the case shall be investigated by persons appointed in accordance with rules made by the Board.
unacceptable professional conduct (that is, conduct which falls short of the standard required of a registered person); or
serious professional incompetence,
Where persons investigating a case under subsection (1) find that a registered person has a case to answer, they shall report their finding to the Professional Conduct Committee.
Where the Professional Conduct Committee receives a report under subsection (2) in relation to a registered person, the Committee shall consider whether he is guilty of unacceptable professional conduct or serious professional incompetence.
Before considering whether a registered person is guilty of unacceptable professional conduct or serious professional incompetence the Professional Conduct Committee shall—
serve written notice on him outlining the case against him; and
give him the opportunity to appear before the Committee to argue his case.
At any such hearing the registered person is entitled to be legally represented.
The Board may make rules as to the procedure to be followed by the Professional Conduct Committee in any proceedings under this section.
If the Board does not make rules for the appointment of persons to investigate whether registered persons have been guilty of unacceptable professional conduct or serious professional incompetence, the Professional Conduct Committee shall consider such questions without any prior investigation.
The Professional Conduct Committee may make a disciplinary order in relation to a registered person if—
it is satisfied, after considering his case, that he is guilty of unacceptable professional conduct or serious professional incompetence; or
he has been convicted of a criminal offence other than an offence which has no material relevance to his fitness to practise as an architect.
In this Act “disciplinary order” means—
a reprimand;
a penalty order;
a suspension order; or
an erasure order.
Where the Professional Conduct Committee makes a disciplinary order in relation to a person, the Registrar shall serve written notice of the order on him as soon as is reasonably practicable.
The Professional Conduct Committee shall, at appropriate intervals and in such manner as it considers appropriate, publish—
the names of persons whom it has found guilty of unacceptable professional conduct or serious professional incompetence or in relation to whom it has made a disciplinary order under subsection (1)(b); and
in the case of each person a description of the conduct, incompetence or offence concerned and the nature of any disciplinary order made.
Where, after considering the case of a registered person, the Professional Conduct Committee is not satisfied that he is guilty of unacceptable professional conduct or serious professional incompetence, it shall, if he so requests, publish a statement of that fact in such manner as it considers appropriate.
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Where a penalty order is made in relation to a registered person, he shall pay to the Board the sum specified in the order.
A penalty order may not specify a sum exceeding the amount which, at the relevant time, is the amount specified as level 4 on the standard scale of fines for summary offences. In this subsection “the relevant time” means—
in a case within subsection (1)(a) of section 15, the time of the conduct or incompetence of which the registered person is found guilty; and
in a case within subsection (1)(b) of that section, the time when he committed the criminal offence of which he has been convicted.
A penalty order shall specify the period within which the sum specified in it is to be paid.
If the person in relation to whom a penalty order is made does not pay the sum specified in the order within the period so specified, the Professional Conduct Committee may make a suspension order or an erasure order in relation to him.
The Board shall pay into the Consolidated Fund any sum paid under a penalty order.
Where a suspension order is made in relation to a registered person, the Registrar shall remove his name from the Register but shall re-enter it in the Register at the end of such period not exceeding two years as is specified in the order.
Where an erasure order is made in relation to a registered person, the Registrar shall remove his name from the Register and it shall not be re-entered in the Register unless the Board so directs.
No application shall be made for the name of a person in relation to whom an erasure order has been made to be re-entered in the Register—
before the end of the period of two years beginning with the date of the erasure order or such longer period specified in the erasure order as the Professional Conduct Committee considers appropriate in a particular case; or
where he has made a previous application for his name to be re-entered in the Register, before the end of the prescribed period beginning with the date of the decision of the Board on that application.
The Registrar shall serve on a person who applies for his name to be re-entered in the Register under this section written notice of the decision on his application within the prescribed period after the date of the decision.
The Board may require a person whose name is re-entered in the Register under this section to pay a fee of a prescribed amount.
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A person shall not practise or carry on business under any name, style or title containing the word “architect” unless he is a registered person .
Subsection (1) does not prevent any use of the designation “naval architect”, “landscape architect” or “golf-course architect”.
Subsection (1) does not prevent a body corporate, firm or partnership from carrying on business under a name, style or title containing the word “architect” if—
the business of the body corporate, firm or partnership so far as it relates to architecture is under the control and management of a registered person who does not act at the same time in a similar capacity for any other body corporate, firm or partnership; and
in all premises where its business relating to architecture is carried on it is carried on by or under the supervision of a registered person.
The Board may by rules provide that subsection (3) shall not apply in relation to a body corporate, firm or partnership unless it has provided to the Board such information necessary for determining whether that subsection applies as may be prescribed.
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For the purposes of this section a person is not treated as not practising by reason only of his being in the employment of another person.
In this section “business” includes any undertaking which is carried on for gain or reward or in the course of which services are provided otherwise than free of charge.
Nothing in this section affects the validity of any building contract in customary form.
If any person contravenes section 20(1) he commits an offence and is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
A person is not guilty of an offence by reason of contravening section 20(1) on any particular date if—
the contravention is occasioned by the fact that an application on his part for registration under this Act has not been granted; and
notice of the decision not to grant the application had not been duly served under this Act before that date.
A person is not guilty of an offence by reason of contravening section 20(1) on any particular date if the contravention is occasioned by the removal of his name from the Register in circumstances in which notice is required to be served on him and—
the notice had not been duly served before that date;
the time for bringing an appeal against the removal had not expired at that date; or
such an appeal had been duly brought, but had not been determined, before that date.
In relation to an offence under subsection (1)— shall have effect as if for the references in them to six months there were substituted references to two years.
section 127(1) of the Magistrates’ Courts Act 1980 (information to be laid within six months of offence);
Article 19(1) of the Magistrates’ Courts (Northern Ireland) Order 1981 (complaint to be made within that time); and
section 136(1) of the Criminal Procedure (Scotland) Act 1995 (proceedings to be commenced within that time),
A person may appeal to the Appeals Committee against—
a decision to refuse the person’s application for registration, or
if the person is a person to whom paragraph (b) of section 9(1) applies, a decision to remove or not to re-enter the person’s name in the Register as a result of section 9(1).
The Board may make rules about appeals to the Appeals Committee, including in particular rules about—
the period within which any appeal must be made;
the way in which an appeal is to be made or withdrawn;
the fee that must be paid on the making of an appeal (including circumstances in which that fee may or must be refunded);
the procedure to be followed by the Appeals Committee in relation to an appeal;
the effect of the making of an appeal, pending its determination, on the decision appealed against.
On the determination of an appeal, the Appeal Committee may make any decision that could have been made by the person who made the decision appealed against.
The Appeals Committee must, within the prescribed period after determining a person’s appeal, serve on the person written notice of the decision made on that determination.
his name not being re-entered in, or being removed from, the Register by virtue of section 9;
A person may appeal to the High Court or, in Scotland, to the Court of Session if he is aggrieved by—
a decision of the Appeals Committee under section 21A, on an appeal made by the person;
failure of the Registrar to comply with section 6(4);
the person’s name not being re-entered in the Register under section 18 as a result of section 9(1);
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the making of a disciplinary order in relation to him.
the Board ordering the Registrar to remove his name from the Register under section 10; or
... An appeal under subsection (1)(a), (c)... or (e) must be made not later than three months after the date on which notice of the decision or order concerned is served on the person.
the making of a disciplinary order in relation to him,
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Where an appeal under subsection (1)(b) is made by a person who, in applying for registration in pursuance of section 4, relied on subsection (1)(a) of that section, the appeal must be made within six months beginning with the day on which the person’s application for the registration is made.
An appeal under subsection (1)(b) to which subsection (4) does not apply must be made within nine months beginning with the date on which the person’s application for registration is made.
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On an appeal under this section the court concerned may make any order which appears appropriate, and no appeal shall lie from any decision of a court on such an appeal.
The Board may make rules generally for carrying out or facilitating the purposes of this Act.
The Board shall, before making any rules under this Act, publish a draft of the rules and give those to whom the rules would be applicable an opportunity of making representations to the Board.
The Registrar shall on payment of the prescribed charges supply a copy of any rules made under this Act and of any forms prescribed by such rules to any person applying for them.
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In this section “professional-regulation information” means information regarding— where the action is, or the sanctions or circumstances are, likely to have consequences for the pursuit of the profession of architect by a person.
disciplinary action taken,
criminal sanctions imposed, or
any other serious, specific circumstances,
If in any case the Board receives professional-regulation information from ... a person who applies for registration, the Board—
may investigate and establish the position in the case, ...
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The Board may make enquiries of registered persons where the Board considers it necessary to do so for the purposes of enabling it to discharge its function under subsection (4)(a).
Where a registered person receives enquiries under subsection (5), the person shall reply and, in replying, shall use the person’s best endeavours to assist the Board.
The power under subsection (5) is not to be taken to prejudice any other power to make enquiries of registered persons.
Any notice or document required to be served by or for the purposes of this Act may be sent by post, and when sent to any registered person shall be deemed to be properly addressed if addressed to him at his address in the Register.
Any notice required to be served by section 11(a) is to be sent by post as a registered letter.
Any notice relating to the refusal to register any person or required to be served by section 9(2), ... ... 14(4)(a) , 15(3) or 21A(4) shall be sent—
by post as a registered letter, or
in accordance with subsection (4).
Where a notice or document required to be served by or for the purposes of this Act is sent to a person in accordance with subsection (4), it is to be treated as having been served on the person unless the contrary is proved—
if the notice or document is sent on a working day, on the day on which it is sent, or
if the notice or document is sent on a day which is not a working day, on the next working day.
A notice or document is sent to a person in accordance with this subsection if—
it is sent by a prescribed electronic communications method,
where rules made by the Board make such provision as is described in subsection (8), the method is prescribed for the purpose of serving a notice or document of that description, and
the conditions mentioned in subsection (5) are satisfied in relation to the sending of the notice or document.
The conditions referred to in subsection (4)(c) are—
that the person to whom the notice or document is sent has agreed with a relevant body that a notice or document of that description may be served by that method and the agreement has not been withdrawn in accordance with subsection (6) before the notice or document is sent;
that, if that method consists of or involves sending an email to the person, the email is sent to an email address specified by the person for the purposes of the agreement.
A person who has agreed to be served by a prescribed electronic communications method may give notice withdrawing the agreement to any of the relevant bodies.
A withdrawal under subsection (6) takes effect five working days after the day on which the notice is received by the relevant body.
Rules made by the Board under this section prescribing electronic communications methods may prescribe different methods for the purpose of serving different descriptions of notices or documents.
In this section—
“suspension order” shall be construed in accordance with section 17; ...
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The Secretary of State may make regulations for, and relating to, the charging of fees by the Board in respect of services which it provides.
Regulations under this section may in particular make provision about—
the services, or types of services, in respect of which the Board may charge a fee;
the persons who are liable to pay a fee;
how fees charged by the Board are to be calculated;
how fees charged by the Board are to be paid.
In this section, a “service”—
includes any exercise by the Board of its power to prescribe qualifications for the purposes of section 4(1)(a);
does not include any service in respect of which a fee may be prescribed under any other provision of this Act.
Regulations under this section are to be made by statutory instrument.
A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.
“the Board” means the Architects Registration Board;
In this Act—
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“overseas qualification” means a qualification issued by a body that is based outside the United Kingdom.
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“suspension order” shall be construed in accordance with section 17; and
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“registered person” means a person whose name is in the Register;
“unacceptable professional conduct” has the meaning given by section 14.
“unacceptable professional conduct” has the meaning given by section 14.
In— for “Architects Acts 1931 to 1996” substitute “ Architects Act 1997 ”.
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section 52(1) of the Cathedrals Measure 1963, in the definition of “architect”; and
section 20(1) of the Care of Cathedrals Measure 1990, in the definition of “architect”,
Schedule 2 (transitional provisions and savings) and Schedule 3 (repeals and revocations) have effect.
This Act may be cited as the Architects Act 1997.
This Act (apart from this section) shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint.
This Act extends to Northern Ireland.
Section 1.
The Board is to consist of eleven members— The members are to be appointed by the Privy Council after consultation with the Secretary of State and such other persons or bodies as the Privy Council thinks fit. Rules made by the Board may make provision for the temporary appointment of a person to act as a member of the Board in such circumstances as may be prescribed.
seven elected members; and
eight appointed members.
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Subject to sub-paragraphs (2) and (3) and paragraph 5, the term of office of a member of the Board is four years. A member may resign at any time by notice in writing addressed to the Registrar. The Board may prescribe grounds (such as repeated absence from meetings or unacceptable professional conduct) on which any member may be removed from office and the procedure for removal.
A person who has been a member of the Board may be appointed for one or more further periods (whether consecutive or not). The length of any further period is to be determined by the Privy Council after consultation with the Secretary of State and such other persons or bodies as the Privy Council thinks fit, but any further term must not extend a person’s period of membership beyond eight years (whether consecutive or not). A person who has been removed from the Board under rules made under paragraph 4(3) may not be appointed to the Board for a further term. A person who has been a member of the Board may not be appointed to the Professional Conduct Committee.
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Rules made by the Board may make provision for the appointment of a person to act as chair of the Board for any period when there is no person appointed under paragraph 1 or in such other circumstances as may be prescribed. No person who is a registered person is eligible for appointment under this paragraph.
In the event of a tie in any vote of the Board the chair shall have an additional casting vote.
The quorum of the Board is—
the chair of the Board;
three members appointed under paragraph 1(1)(b), and
three members appointed under paragraph 1(1)(c).
The Board may make rules governing its meetings and procedure.
The Board may appoint staff. The Board shall determine the period for which, and the terms on which, its staff are appointed. Staff appointed by the Board shall have the duties which the Board directs. The Board may, in addition to paying salaries to its staff, pay pensions to or in respect of them, or make contributions to the payment of such pensions, and pay them allowances, expenses and gratuities.
The Board shall have a common seal which shall be authenticated in the prescribed manner; and any document purporting to be sealed with the seal authenticated in that manner shall be receivable as evidence of the particulars stated in it.
The Professional Conduct Committee is to consist of—
at least three persons who are legally qualified;
at least three registered persons of whom at least one must be a person whose address in the Register is in Scotland; and
at least three persons who are not legally qualified and are not registered persons.
The members of the Professional Conduct Committee shall elect a chair from among themselves. The chair— Rules made by the Board may make provision for the appointment of a person to act as chair in the event of a vacancy in the office of chair or in such other circumstances as may be prescribed.
Subject to sub-paragraph (2), the quorum of the Professional Conduct Committee is — ... Where the Committee is considering the case of a person whose address in the Register is in Scotland, the Committee is not quorate unless there is present a member of the Committee who is a registered person and whose address in the Register is in Scotland.
In the event of a tie in any vote of the Professional Conduct Committee the chair shall have an additional casting vote; and in any proceedings relating to a registered person the additional vote shall be cast in favour of that person.
The Board may make rules governing the selection and term of office of members of the Professional Conduct Committee (including casual vacancies).
In paragraph 13 the reference to a person who is legally qualified means—
a person who for the purposes of the Legal Services Act 2007 is an authorised person in relation to an activity that constitutes a reserved legal activity (within the meaning of that Act);
a solicitor or barrister in Northern Ireland; or
a solicitor or advocate in Scotland.
The Board may make rules about— Before making rules about the composition of the Appeals Committee, the Board must consult the Secretary of State.
The Board may establish such committees as it considers appropriate— This sub-paragraph applies to the following functions—
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The Board may make rules governing the term of office of members of any committee established by the Board (including casual vacancies) and the meetings and procedure (including chairing and quorum) of any committee established by the Board.
The Board, the Professional Conduct Committee , the Appeals Committee and any committee established by the Board may exercise its functions even though there is a vacancy among its members. No proceedings of the Board, the Professional Conduct Committee , the Appeals Committee or any committee established by the Board are invalidated by any defect in the ... appointment of a member.
The Board may by rules provide for the payment to members of the Board, the Professional Conduct Committee , the Appeals Committee or any committee established by the Board of—
fees for attendance at meetings of the Board or committee; and
travelling and subsistence allowances in respect of attendance at such meetings or the conduct of business of the Board or committee.
The Secretary of State may, after consultation with the Board and such other persons or bodies as he thinks fit, by order amend the provisions of this Schedule. An order under sub-paragraph (1) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Section 27.
The substitution of this Act for the provisions repealed or revoked by this Act does not affect the continuity of the law.
Anything done, or having effect as if done, (including the making of rules) under or for the purposes of any provision repealed or revoked by this Act has effect as if done under or for the purposes of any corresponding provision of this Act.
Any reference (express or implied) in this Act or any other enactment, or in any instrument or document, to a provision of this Act is (so far as the context permits) to be read as (according to the context) being or including in relation to times, circumstances and purposes before this Act comes into force a reference to the corresponding provision repealed or revoked by this Act.
Any reference (express or implied) in any enactment, or in any instrument or document, to a provision repealed or revoked by this Act is (so far as the context permits) to be read as (according to the context) being or including in relation to times, circumstances and purposes after this Act comes into force a reference to the corresponding provision of this Act. In particular, where a power conferred by an Act is expressed to be exercisable in relation to enactments contained in an Act passed before or in the same Session as the Act conferring the power, the power is also exercisable in relation to provisions of this Act which reproduce such enactments.
Paragraphs 1 to 4 have effect in place of section 17(2) of the Interpretation Act 1978 (but are without prejudice to any other provision of that Act).
The term of office of the members of the Board who were appointed by the Privy Council to take office on the day on which Part III of the 1996 Act came into force (and who remain members of the Board when this Act comes into force)—
is one year beginning with that day in the case of three of those members;
is two years beginning with that day in the case of another three of those members; and
is three years beginning with that day in the case of the remaining two members.
If— the application shall be dealt with in the same way as an application duly made after this Act comes into force (except that no further fee may be required to be paid).
a person duly applied for registration under the 1931 Act before Part III of the 1996 Act came into force; but
no decision on the application has been made before this Act comes into force,
Examinations in architecture which immediately before the day on which Part III of the 1996 Act came into force were recognised by the Council for the purposes of section 6(1)(c) of the 1931 Act (as it had effect before Part III of the 1996 Act came into force) shall (subject to rules made by the Board) be treated as qualifications prescribed under section 4(1)(a).
The reference in subsection (3) of section 8 to a person whose name has been removed from the Register under subsection (2) of that section shall be treated as including a reference to a person whose name was removed from the Register under section 13(5) of the 1931 Act before Part III of the 1996 Act came into force.
The reference to the Board in section 10(1)(b) shall be construed, in relation to the entry of a name in the Register before Part III of the 1996 Act came into force, as a reference to the Council.
If— the case shall be referred to the Professional Conduct Committee which shall consider whether he is guilty of unacceptable professional conduct or serious professional incompetence.
before Part III of the 1996 Act came into force, the Discipline Committee began an inquiry into any case in which it was alleged that a registered person had been guilty of conduct disgraceful to him in his capacity as an architect; but
the case has not been decided or referred to the Professional Conduct Committee before this Act comes into force,
Subject to sub-paragraph (2), sections 14 to 18 have effect in relation to anything done or omitted to be done before this Act comes into force (including anything done before Part III of the 1996 Act came into force) as in relation to anything done or omitted to be done after this Act comes into force. The Professional Conduct Committee—
If a person’s name was removed from the Register under section 7 of the 1931 Act before Part III of the 1996 Act came into force, he may at any time apply to the Board for his name to be re-entered in the Register. If he does so, the Board may direct that his name shall be re-entered in the Register. The Registrar shall serve on a person who applies for his name to be re-entered in the Register under this paragraph written notice of the decision on his application within the prescribed period after the date of the decision. The Board may require a person whose name is re-entered in the Register under this paragraph to pay a fee of such amount, not exceeding the fee then payable by an applicant for registration in pursuance of section 4, as may be prescribed.
If— he may appeal under section 22 against the removal or determination at any time before the end of that period.
a person’s name was removed from the Register, or the Council determined that a person be disqualified for registration during any period, before Part III of the 1996 Act came into force; and
the period of three months from the date on which notice of the removal or determination was served on him has not ended before this Act comes into force,
Section 12(7)(c) shall have effect as if it included a reference to a period of disqualification imposed by the Council.
The repeal by this Act of Schedule 2 to the 1996 Act does not affect the continued operation of paragraphs 31 and 32 of that Schedule in relation to an offence committed before Part III of the 1996 Act came into force.
This paragraph applies if when this Act comes into force the assets of the Architects’ Registration Council Education Fund have not been transferred by the Board. The Board may transfer the assets of the Fund to such person and on such terms as may be approved by the Secretary of State. The repeal by the1996 Act of sections 1(1) and (4) to (6), 3 and 4 of the1969 Act shall not come into force until the transfer is made; and until the transfer references in those provisions to the Council shall have effect as references to the Board.
A person to whom the assets of the Fund are transferred (whether under section 124 of the 1996 Act or paragraph 17) shall apply the assets, and all income arising from the assets, for the purposes authorised in subsection (4) of section 1 of the 1969 Act (assuming for this purpose that the reference in that subsection to the Council were a reference to the person to whom the assets of the Fund are transferred).
In this Schedule— In this Schedule—
Section 27. Chapter or number Short title or title Extent of repeal or revocation 21 & 22 Geo. 5 c. 33. The Architects (Registration) Act 1931. The whole Act. 1 & 2 Geo. 6 c. 54. The Architects Registration Act 1938. The whole Act. S.I. 1987/1824. The Architects’ Qualifications (EEC Recognition) Order 1987. The whole instrument. S.I. 1988/2241. The Architects’ Qualifications (EC Recognition) Order 1988. The whole instrument. 1996 c. 53. The Housing Grants, Construction and Regeneration Act 1996. Sections 118 to 125. In section 148, in subsection (2), the words “Part III (architects),” and, in subsection (3), the words “Part III (architects), and”. Schedule 2.
This Table shows the derivation of the provisions of the consolidation.
The following abbreviations are used in the Table— 1931 = Architects (Registration) Act 1931 (c.33) 1938 = Architects Registration Act 1938 (c.54) 1987 = Architects’ Qualifications (EEC Recognition) Order 1987 (S.I. 1987/1824) 1988 = Architects’ Qualifications (EC Recognition) Order 1988 (S.I. 1988/2241) 1993 = European Economic Area Act 1993 (c.51) 1996 = Housing Grants, Construction and Regeneration Act 1996 (c.53) Provision Derivation 1(1) 1931 s.3(1); 1996 s.118(1), Sch.2 para.3(2). (2) 1931 s.3(2B); 1996 s.118(3). (3) (4) (5) (6) 2 1931 s.4; 1996 s.119. 3 1931 s.5A; 1996 s.120(1). 4(1) to (3) 1931 s.6(1) to (3); 1996 s.120(2). (4) to (6) 1931 s.6(6) to (8); 1996 s.120(2). 5(1) 1931 s.6A(1), (2); 1988 art.2; 1993 s.2(1); 1996 Sch.2 para.4(2). (2) 1931 s.6A(2)(a); 1988 art.2. (3) 1931 s.6A(2)(a), (5), (6); 1988 art.2. (4) 1931 s.6A(2)(b), (c); 1988 art.2; 1993 s.2(1). (5) 1931 s.6A(3), (4); 1988 art.2; 1993 s.2(1). (6) 1931 s.6A(7); 1988 art.2; 1993 s.2(1); 1996 Sch.2 para.4(4). (7) 1931 s.6A(10); 1988 art.2; 1993 s.2(1). 6(1) 1931 ss.6(4)(a), 6A(1A); 1996 s.120(2), Sch.2 para.4(3). (2) 1931 s.6(4)(b); 1996 s.120(2). (3) 1931 ss.6(5), 6A(1B); 1996 s.120(2), Sch.2 para.4(3). (4) 1931 ss.6(9), 6A(8); 1988 art.2; 1996 s.120(2), Sch.2 para.4(5). (5) 1931 s.6A(9); 1988 art.2; 1993 s.2(1); 1996 Sch.2 para.4(6). 7 1931 s.12; Criminal Justice Act 1982 (c.48) ss.38, 46; Fines and Penalties (Northern Ireland) Order 1984 (S.I. 1984/703 (N.I.3)) arts.5, 6; Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (c.40) Sch.1 paras.5, 6; 1996 Sch.2 para.8. 8 1931 s.6B; 1996 s.120(3). 9 1931 s.6C; 1996 s.120(3). 10(1) 1931 s.7A(1); 1987 art.7; 1993 s.2(1); 1996 Sch.2 para.5(2). (2) 1931 s.7A(3); 1996 Sch.2 para.5(4). 11 1931 s.11; 1996 Sch.2 para.7. 12(1) 1938 s.1A(4); 1987 art.8; 1993 s.2(1); 1996 Sch.2 para.14(2). (2) 1938 s.1A(4); 1987 art.8; 1993 s.2(1). (3) 1938 s.1A(1) to (3); 1987 art.8; 1993 s.2(1); 1996 Sch.2 para.14(2). (4) 1938 s.1A(2); 1987 art.8; 1993 s.2(1). (5) 1938 s.1A(3); 1987 art.8; 1993 s.2(1); 1996 Sch.2 para.14(3). (6) 1938 s.1A(5); 1987 art.8; 1993 s.2(1). (7) 1938 s.1A(6); 1987 art.8; 1993 s.2(1); 1996 Sch.2 para.14(4). (8) 1938 s.1A(7); 1987 art.8; 1993 s.2(1). (9) 1938 s.1A(9); 1987 art.8; 1993 s.2(1). 13 1931 s.7ZE; 1996 s.122. 14 1931 s.7; 1996 s.121. 15(1) to (5) 1931 s.7ZA; 1996 s.121. (6) 1931 s.7A(2); 1987 art.7; 1993 s.2(1); 1996 Sch.2 para.5(3). 16 1931 s.7ZB; 1996 s.121. 17 1931 s.7ZC; 1996 s.121. 18 1931 s.7ZD; 1996 s.121. 19 1938 s.1A(8); 1987 art.8; 1993 s.2(1); 1996 Sch.2 para.14(5). 20(1) 1938 s.1(1). (2) 1938 s.1(1) proviso. (3) 1931 s.17(1); 1938 s.1(3); 1996 s.123(4), Sch.2 para.12(2), (3). (4) 1931 s.17(2); 1996 s.123(4). (5) 1938 s.1A(1); 1987 art.8; 1993 s.2(1). (6) 1938 s.4(2). (7) 1938 s.1(1A); 1996 s.123(1). (8) 1938 s.1(1) proviso. 21(1) 1938 s.3(1); 1996 s.123(2), (3). (2) 1938 s.3(1) proviso. (3) 1938 s.3(1) proviso; 1996 Sch.2 para.15(b). (4) 1938 s.3(2); 1996 s.123(3). 22 1931 s.9; 1996 Sch.2 para.6(2). 23(1), (2) 1931 s.13(1), (2); 1996 Sch.2 para.9. (3) 1931 s.15; 1996 Sch.2 para.10. 24(1) 1931 s.16(1); 1996 Sch.2 para.11(2). (2) 1931 ss.11, 16(2); 1996 Sch.2 para.11(3). 25 “the Board” 1931 s.2; 1996 Sch.2 para.2(2). “competent authority” 1931 s.2; 1987 art.3; 1993 s.2(1). “the Directive” 1931 s.2; 1987 art.3. “disciplinary order” 1931 s.2; 1996 Sch.2 para.2(6). “disqualifying decision in another EEA State” 1931 s.2; 1987 art.3; 1993 s.2(1). “EEA State” “erasure order” 1931 s.2; 1996 Sch.2 para.2(6). “list of visiting EEA architects” “national” 1931 s.2; 1987 art.3. “penalty order” 1931 s.2; 1996 Sch.2 para.2(6). “prescribed” 1931 s.2; 1996 Sch.2 para.2(4). “prescribe” 1931 ss.6(5), 6A(1B), 6C(1); 1996 s.120(2), (3), Sch.2 para.4(3). “the Register” 1931 s.2; 1996 Sch.2 para.2(5). “the Registrar” 1931 s.2; 1996 Sch.2 para.2(6). “registered person” 1931 s.2; 1996 Sch.2 para.2(3). “suspension order” 1931 s.2; 1996 Sch.2 para.2(6). “unacceptable professional conduct” 26 27 28(1) (2) (3) 1931 s.18(2); 1938 s.6(1); 1996 Sch.2 paras.13, 17. Sch. 1 paras.1 to 10 1931 1st Sch. paras.1 to 10; 1996 Sch.2 para.1. 11 1931 s.4A; 1996 s.119. 12 1931 s.3(1), (2); 1996 Sch.2 para.3(3)(b). 13 to 24 1931 1st Sch. paras.11 to 22; 1996 Sch.2 para.1. Sch. 2 Sch. 3
This Table shows the derivation of the provisions of the consolidation.
The following abbreviations are used in the Table— 1931 = Architects (Registration) Act 1931 (c. 33) 1938 = Architects Registration Act 1938 (c. 54) 1987 = Architects' Qualifications (EEC Recognition) Order 1987 (S.I. 1987/1824) 1988 = Architects' Qualifications (EC Recognition) Order 1988 (S.I. 1988/2241) 1993 = European Economic Area Act 1993 (c. 51) 1996 = Housing Grants, Construction and Regeneration Act 1996 (c. 53) Provision Derivation 1(1) 1931 s.3(1); 1996 s.118(1), Sch.2 para.3(2). (2) 1931 s.3(2B); 1996 s.118(3). (3) — (4) — (5) — (6) — 2 1931 s.4; 1996 s.119. 3 1931 s.5A; 1996 s.120(1). 4(1) to (3) 1931 s.6(1) to (3); 1996 s.120(2). (4) to (6) 1931 s.6(6) to (8); 1996 s.120(2). 5(1) 1931 s.6A(1), (2); 1988 art.2; 1993 s.2(1); 1996 Sch.2 para.4(2). (2) 1931 s.6A(2)(a); 1988 art.2. (3) 1931 s.6A(2)(a), (5), (6); 1988 art.2. (4) 1931 s.6A(2)(b), (c); 1988 art.2; 1993 s.2(1). (5) 1931 s.6A(3), (4); 1988 art.2; 1993 s.2(1). (6) 1931 s.6A(7); 1988 art.2; 1993 s.2(1); 1996 Sch.2 para.4(4). (7) 1931 s.6A(10); 1988 art.2; 1993 s.2(1). 6(1) 1931 ss.6(4)(a), 6A(1A); 1996 s.120(2), Sch.2 para.4(3). (2) 1931 s.6(4)(b); 1996 s.120(2). (3) 1931 ss.6(5), 6A(1B); 1996 s.120(2), Sch.2 para.4(3). (4) 1931 ss.6(9), 6A(8); 1988 art.2; 1996 s.120(2), Sch.2 para.4(5). (5) 1931 s.6A(9); 1988 art.2; 1993 s.2(1); 1996 Sch.2 para.4(6). 7 1931 s.12; Criminal Justice Act 1982 (c. 48) ss.38, 46; Fines and Penalties (Northern Ireland) Order 1984 (S.I. 1984/703 (N.I.3)) arts.5, 6; Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (c. 40) Sch.1 paras.5, 6; 1996 Sch.2 para.8. 8 1931 s.6B; 1996 s.120(3). 9 1931 s.6C; 1996 s.120(3). 10(1) 1931 s.7A(1); 1987 art.7; 1993 s.2(1); 1996 Sch.2 para.5(2). (2) 1931 s.7A(3); 1996 Sch.2 para.5(4). 11 1931 s.11; 1996 Sch.2 para.7. 12(1) 1938 s.1A(4); 1987 art.8; 1993 s.2(1); 1996 Sch.2 para.14(2). (2) 1938 s.1A(4); 1987 art.8; 1993 s.2(1). (3) 1938 s.1A(1) to (3); 1987 art.8; 1993 s.2(1); 1996 Sch.2 para.14(2). (4) 1938 s.1A(2); 1987 art.8; 1993 s.2(1). (5) 1938 s.1A(3); 1987 art.8; 1993 s.2(1); 1996 Sch.2 para.14(3). (6) 1938 s.1A(5); 1987 art.8; 1993 s.2(1). (7) 1938 s.1A(6); 1987 art.8; 1993 s.2(1); 1996 Sch.2 para.14(4). (8) 1938 s.1A(7); 1987 art.8; 1993 s.2(1). (9) 1938 s.1A(9); 1987 art.8; 1993 s.2(1). 13 1931 s.7ZE; 1996 s.122. 14 1931 s.7; 1996 s.121. 15(1) to (5) 1931 s.7ZA; 1996 s.121. (6) 1931 s.7A(2); 1987 art.7; 1993 s.2(1); 1996 Sch.2 para.5(3). 16 1931 s.7ZB; 1996 s.121. 17 1931 s.7ZC; 1996 s.121. 18 1931 s.7ZD; 1996 s.121. 19 1938 s.1A(8); 1987 art.8; 1993 s.2(1); 1996 Sch.2 para.14(5). 20(1) 1938 s.1(1). (2) 1938 s.1(1) proviso. (3) 1931 s.17(1); 1938 s.1(3); 1996 s.123(4), Sch.2 para.12(2), (3). (4) 1931 s.17(2); 1996 s.123(4). (5) 1938 s.1A(1); 1987 art.8; 1993 s.2(1). (6) 1938 s.4(2). (7) 1938 s.1(1A); 1996 s.123(1). (8) 1938 s.1(1) proviso. 21(1) 1938 s.3(1); 1996 s.123(2), (3). (2) 1938 s.3(1) proviso. (3) 1938 s.3(1) proviso; 1996 Sch.2 para.15(b). (4) 1938 s.3(2); 1996 s.123(3). 22 1931 s.9; 1996 Sch.2 para.6(2). 23(1), (2) 1931 s.13(1), (2); 1996 Sch.2 para.9. (3) 1931 s.15; 1996 Sch.2 para.10. 24(1) 1931 s.16(1); 1996 Sch.2 para.11(2). (2) 1931 ss.11, 16(2); 1996 Sch.2 para.11(3). 25 “the Board” 1931 s.2; 1996 Sch.2 para.2(2). “competent authority” 1931 s.2; 1987 art.3; 1993 s.2(1). “the Directive” 1931 s.2; 1987 art.3. “disciplinary order” 1931 s.2; 1996 Sch.2 para.2(6). “disqualifying decision in another EEA State” 1931 s.2; 1987 art.3; 1993 s.2(1). “EEA State” — “erasure order” 1931 s.2; 1996 Sch.2 para.2(6). “list of visiting EEA architects” — “national” 1931 s.2; 1987 art.3. “penalty order” 1931 s.2; 1996 Sch.2 para.2(6). “prescribed” 1931 s.2; 1996 Sch.2 para.2(4). “prescribe” 1931 ss.6(5), 6A(1B), 6C(1); 1996 s.120(2), (3), Sch.2 para.4(3). “the Register” 1931 s.2; 1996 Sch.2 para.2(5). “the Registrar” 1931 s.2; 1996 Sch.2 para.2(6). “registered person” 1931 s.2; 1996 Sch.2 para.2(3). “suspension order” 1931 s.2; 1996 Sch.2 para.2(6). “unacceptable professional conduct” — 26 — 27 — 28(1) — (2) — (3) 1931 s.18(2); 1938 s.6(1); 1996 Sch.2 paras.13, 17. Sch. 1 paras.1 to 10 1931 1st Sch. paras.1 to 10; 1996 Sch.2 para.1. 11 1931 s.4A; 1996 s.119. 12 1931 s.3(1), (2); 1996 Sch.2 para.3(3)(b). 13 to 24 1931 1st Sch. paras.11 to 22; 1996 Sch.2 para.1. Sch. 2 — Sch. 3 —
Section 5A(1)
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