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Architects Act 1997

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Point in time view as at 28/06/2022.

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Part IIU.K. Registration etc.

The Registrar and the RegisterU.K.

2 The Registrar.U.K.

(1)The Board shall appoint a person to be known as the Registrar of Architects.

(2)The Board shall decide the period for which, and the terms on which, the Registrar is appointed.

(3)The Registrar shall have the functions provided by or by virtue of this Act and any other functions which the Board directs.

F1(3A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)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.

Textual Amendments

3 The Register.U.K.

(1)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.

F2(1A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)The Register shall show the regular business address of each registered person.

[F3(2A)The Register shall show disciplinary orders made in relation to a registered person for such period as may be prescribed.]

(3)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.

(4)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.

(5)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.

(6)A certificate purporting to be signed by the Registrar which states that a person—

(a)is registered;

(b)is not registered;

(c)was registered on a specified date or during a specified period;

(d)was not registered on a specified date or during a specified period; or

(e)has never been registered,

shall be evidence (and, in Scotland, sufficient evidence) of any matter stated.

Textual Amendments

RegistrationU.K.

4 [F4Registration F5...: general]U.K.

(1)A person who has applied to the Registrar in the prescribed manner for registration F6... is entitled to be registered F7... if—

(a)he holds such qualifications and has gained such practical experience as may be prescribed; or

(b)he has a standard of competence which, in the opinion of the Board, is equivalent to that demonstrated by satisfying paragraph (a).

(2)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.

[F8(2A)For the purposes of subsection (1), a [F9person] shall be treated as having achieved a standard of competence equivalent to that demonstrated by satisfying subsection (1)(a) if—

(a)he produces [F10the evidence described] in section 4A(1) [F11which provides access to the profession of architect in the relevant European State in which that evidence was issued];

F12(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(3)Before prescribing—

(a)qualifications or practical experience for the purposes of subsection (1)(a); or

(b)any examination for the purposes of subsection (2),

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.

(4)Where a person has duly applied for registration F13...—

(a)if the Registrar is satisfied that the person is entitled to be registered F14..., he shall enter his name in F15... the Register; but

(b)if the Registrar is not so satisfied, he shall [F16refuse the application].

(5)The Registrar shall not consider an application for registration F17... 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.

(6)Where a person’s application is referred to the Board under subsection F18... (5), the Board shall [F19—

(a)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

(b)direct the Registrar to refuse the application if it is not so satisfied.]

[F20(7)For the purposes of subsection (2A)(a), evidence is to be treated as issued in a relevant European State if it is issued in a country (or former country) whose territory at any time consisted of, or included, the whole or part of the territory of that State.]

Textual Amendments

F18Words in s. 4(6) omitted (28.6.2022) by virtue of Building Safety Act 2022 (c. 30), ss. 158(3)(b)(i), 170(3)

[F224ARegistration F21...: European qualificationsU.K.

[F23(1)The evidence that a person is required to produce for the purposes of section 4(2A)(a) is evidence of formal qualifications listed in respect of a relevant European State in point 5.7.1 of Annex V to the Directive (qualifications in architecture satisfying the minimum training conditions mentioned in Article 46 of the Directive, including training which is, under Article 22(a), to be treated as meeting those conditions) accompanied, where appropriate, by the certificate listed in relation to that evidence in the column of that point of that Annex entitled “Certificate accompanying the evidence of qualifications”.]

(2)Where a person applies for registration in pursuance of section 4 and, in doing so, relies on subsection (2A) of that section—

(a) the Registrar may, for the purposes of deciding whether the person is entitled to be registered in pursuance of section 4, demand any documents within Annex VII to the Directive and may, where the demand relates to a document within point 1(d), (e) or (f) of that Annex, treat the demand as unsatisfied if the document submitted to the Registrar in response to the demand is more than 3 months old when submitted;

(b) in the event of justified doubts as to whether the person is entitled to be registered in pursuance of section 4, the Registrar may require [F24the person to produce written confirmation from the competent authority in a relevant European State] of the authenticity of the F25... evidence of formal qualifications awarded in that F26... relevant European State, as well as confirmation of the fact that the person fulfils the minimum training conditions set out in Article 46 of the Directive (including training which is, under Article 22(a), to be treated as meeting those conditions);

(c)in case of justified doubt as to whether the person is entitled to be registered in pursuance of section 4, where [F27the person has produced confirmation from a competent authority in a relevant European State (see paragraph (b)) which] includes evidence as to training received in whole or in part in an establishment legally established in the territory of another relevant European state, the Registrar [F28may require the person to produce written confirmation from the competent authority in the relevant European State of origin of the award as to] —

(i)whether the training course at the establishment which gave the training has been formally certified by the educational establishment based in the relevant European State of origin of the award;

(ii)whether the evidence of formal qualifications issued is the same as that which would have been awarded if the course had been followed entirely in the relevant European State of origin of the award; and

(iii)whether the evidence of formal qualifications confers the same professional rights in the territory of the relevant European State of origin of the award.

(3) Subsection (4) applies to a person who is registered F29... in pursuance of section 4 in reliance on subsection (2A) of that section.

(4)The person, when using his academic title or any abbreviation of it—

(a)may express the title or abbreviation in the language, or one of the languages, of the relevant European State in which the body conferring the title is located;

(b)must follow the title or abbreviation with the name and location of the body conferring the title.]

Textual Amendments

F305A Registration in Part 2 of the Register : Directive-rights nationals providing services U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F305B Titles to be used by persons registered in Part 2 of the Register U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F305CInformation to be given to recipients of the serviceU.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F305DAdministrative co-operation with other relevant European StatesU.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F305EComplaints by recipients of servicesU.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

6 Registration: further procedural requirements.U.K.

(1)The Board may require an applicant for registration F31... to pay a fee of a prescribed amount.

(2)The Board may require a candidate for any examination under section 4(2) to pay a fee of a prescribed amount.

F32(2A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)The Board may prescribe the information and evidence to be provided to the Registrar in connection with an application for registration F33....

[F34(3A)The reference in subsection (3) to an application for registration F35... does not include an application for registration F36... made by a [F37person] who, in making the application, relies on section 4(2A).

(3B)Where a [F38person] applies to be registered F39... and, in doing so, relies on section 4(2A), the Board shall—

(a)acknowledge receipt of the application within one month of receipt; and

(b)inform the applicant of any missing document required for the purposes of the application.

(3C)The Registrar shall deal expeditiously with all applications for registration.]

[F40(4)The Registrar shall serve on an applicant F41... written notice of the decision on his application.

[F42(4A)A notice under subsection (4) shall be served—

(a)in the case of an application by a person who in making the application—

(i)relies on subsection (1)(a) of section 4 without also relying on subsection (2A), or

(ii)relies on section 4(2A),

within three months beginning with the date on which the application is made;

(b)in any other case, within six months beginning with the date on which the application is made.]

(4B)Notice of a refusal [F43of an application] shall state reasons for the refusal.]

F44(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F40S. 6(4)-(4B) substituted for s. 6(4) (23.12.2002) by S.I. 2002/2842, art. 4(2)

F43Words in s. 6(4B) substituted (28.6.2022) by Building Safety Act 2022 (c. 30), ss. 158(4), 170(3)

[F456A.Issuing of certificates of architectural educationU.K.

(1)Where a person requests the Board to issue a certificate of architectural education confirming that the person’s training as an architect—

(a)meets the minimum training conditions in Article 46 of the Directive,

(b)gives that person entitlement under section 4 to be registered F46..., or

(c)includes prescribed or equivalent qualifications,

the Board may issue such a certificate to that person if the training does meet those conditions, gives that entitlement or includes those qualifications.

(2)The Board may require a person making a request under subsection (1) to pay a fee of a prescribed amount.]

Textual Amendments

7 Penalty for obtaining registration[F47or recognition] by false representation.U.K.

[F48(1)A person commits an offence if the person intentionally—

(a)becomes or attempts to become registered under this Act, or

(b)does any of the things mentioned in subsection (1A) anywhere in or outside the United Kingdom.

(1A)Those things are—

(a)making to the Board or to the Registrar,

(b)producing to the Board or to the Registrar,

(c)causing to be made to the Board or to the Registrar, or

(d)causing to be produced to the Board or to the Registrar]

(2)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.

Textual Amendments

Removal from Register etc.U.K.

8 Retention of name in Register.U.K.

(1)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 F49... the Register in any calendar year after that in which it was entered.

(2)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 F49... the Register.

(3)Where a person whose name has been removed from F49... 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—

(a)his name shall be re-entered in F49... the Register (without his having to make an application under section 4 F50...); and

(b)if the Board so directs, it shall be treated as having been re-entered on the date on which it was removed.

Textual Amendments

9 Competence to practise.U.K.

(1)Where the Board is not satisfied that a person who—

(a)applies for registration in pursuance of section 4 F51...;

(b)wishes his name to be retained or re-entered in F52... the Register under section 8; or

(c)applies for his name to be re-entered in F52... the Register under section 18,

has gained such recent practical experience [F53or undertaken such recent training] as the Board may prescribe, his name shall not be entered or re-entered in F52... the Register, or shall be removed from it, unless he satisfies the Board of his competence to practise.

[F54(1A)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.]

(2)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, F52... the Register, the Registrar shall serve written notice of the decision on him within the prescribed period after the date of the decision.

[F55(2A)A notice under subsection (2) must state reasons for the decision.]

[F56(3)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—

(a)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

(b)the Board shall not remove the name of the person from the Register unless—

(i)the person has not made an application for an extension of time within the prescribed period,

(ii)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

(iii)the Board has decided not to grant an extension of time in respect of an application made by the person.

(4)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.]

Textual Amendments

10 Disqualification in [F57a relevant European State].U.K.

(1)The Board may order the Registrar to remove a person’s name from F58... the Register if—

[F59(a) the person relied on section 4(2A) in making the application that led to the person’s name being entered in F58... the Register ;

(aa) at the time when the person’s name was entered in F58... the Register , there was a disqualifying decision in force in respect of the person in a relevant European State F60...; ]

(b)at that time the Board was unaware of that fact; and

(c)the Board is satisfied that the person was at that time and is still subject to that disqualifying decision.

(2)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.

Textual Amendments

11 Failure to notify change of address.U.K.

Where the Registrar serves notice in writing on a [F61registered person] asking if he has changed his regular business address—

(a)if no answer is received within six months from the sending of the notice, the Registrar shall serve further written notice on him; and

(b)if no answer is received within three months from the sending of the further notice, the Registrar may remove his name from the Register.

Textual Amendments

F62...U.K.

Textual Amendments

F6312 Visiting EEA architects.U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

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