The Architects' Qualifications (EEC Recognition) Order 1987

Citation and commencement

1.  This Order may be cited as the Architects' Qualifications (EEC Recognition) Order 1987 and shall come into force on 19th November 1987.

Interpretation

2.  In this Order—

“the 1931 Act” means the Architects (Registration) Act 1931(1); and

“the 1938 Act” means the Architects Registration Act 1938(2).

3.  At the end of section 2 of the 1931 Act there shall be inserted the following definitions—

“The expression “the Directive” means European Communities Council Directive No. 85/384/EEC[O.J. No. L. 223/15.] on the mutual recognition of diplomas, certificates and other evidence of formal qualifications in architecture, as amended by European Communities Council Directives Nos. 85/614/EEC[O.J. No. L. 376/1.] and 86/17/EEC[O.J. No. L. 27/71.] .

The expression “competent authority”, in relation to a member State, means an authority or body designated by the member State in accordance with the Directive.

The expression “national” in relation to a member State means the same as in the Community Treaties, but does not include a person who, by virtue of article 2 of Protocol No. 3 (Channel Islands and Isle of Man) to the Treaty of Accession is not to benefit from Community provisions relating to the free movement of persons and services.

The expression “disqualifying decision in another member state” in relation to any person means a decision made by a competent authority of a member State other than the United Kingdom which—

(a) is expressed to be made on the ground that he has committed a criminal offence or has misconducted himself in a professional respect; and

(b) has in that State the effect that he is no longer registered or otherwise officially recognised as an architect or that he is prohibited from practising as an architect there.”.

Recognition of European Community architectural qualifications

4.  In section 5(2)(a) and (b) and (3) of the 1931 Act the words “in pursuance of section 6” shall be inserted after the word “Act”.

5.  After section 6 of the 1931 Act there shall be inserted the following section—

“European qualifications.

6A.— (1) Subject to the provisions of this Act, a national of a member State who satisfies any of the requirements set out in subsection (2) shall on application made to the Council in the prescribed manner and on payment of the prescribed fee be entitled to be registered in pursuance of this section.

(2) The requirements are that a person—

(a) holds a qualification listed in the Fourth Schedule or, where the course of study leading to that qualification has been started no later than the beginning of the first academic year beginning after 5th August 1987, Part I of the Fifth Schedule to this Act, together with a certificate issued by a competent authority of a member State, in accordance with Article 23 of the Directive, stating that he has gained at least two years practical training experience in that member State under the supervision of a person established as an architect in that member State;

(b) holds a qualification listed in Part II of the Fifth Schedule to the Act where the course of study leading to that qualification has been started no later than the beginning of the first academic year beginning after 5th August 1987, together with a certificate issued by a competent authority of the Federal Republic of Germany, in accordance with Article 4(1) of the Directive, stating that he has gained at least four years appropriate professional experience in the Federal Republic of Germany;

(c) holds a certificate issued by a competent authority of a member State, in accordance with Article 12 of the Directive, stating that he has been, no later than the date on which that member State implemented the Directive, authorised in that member 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;

(d) holds a certificate issued by a competent authority of a member State, in accordance with Article 5 of the Directive, stating that he is, by reason of his distinguished achievements in the field of architecture, entitled to use the title of architect.

(3) Where a person holds a certificate issued by a competent authority of the Federal Republic of Germany stating that a qualification awarded to that person by an institution in the German Democratic Republic after 8th May 1945 is of equivalent effect to a qualification listed in the Fourth or the Fifth Schedule to this Act, that person shall, for the purposes of this Act, be deemed to hold a qualification listed in the Fourth or, as the case may be, the Fifth Schedule to this Act.

(4) The Council may refuse to register a person in pursuance of this section if they are aware that there is a disqualifying decision in another member State in force in respect of that person.

(5) The Council shall cause a written notice of their decision on any application for registration in pursuance of this section to be served on the applicant within three months of his application being duly made.

(6) If, in pursuance of Article 17(4) or 18(2) of the Directive, the Council consult a member State in respect of an application under this section, the period mentioned in subsection (5) shall be extended by such period as may elapse between initiating the consultation and the receipt by the Council of a final reply from that member State.

(7) A person who is registered in pursuance of this section shall, when using his academic title or any abbreviations of it, express such title or abbreviation in the language or one of the languages of the member State in which the body conferring the title is located and shall follow the title or any abbreviation of it with the name and location of the body conferring the title.”.

6.  There shall be inserted after the Third Schedule to the 1931 Act the Schedules set out in the Schedule to this Order.

7.  After section 7 of the 1931 Act there shall be inserted the following section—

“Removal of name from Register: disqualification in another member State.

7A.— (1) If a person’s name was entered on the Register in pursuance of section 6A of this Act at a time when there was a disqualifying decision in another member State in force in respect of that person, and if at that time the Council were unaware of that fact, the Council, on being satisfied that the person was at that time and still is subject to that disqualifying decision, may cause his name to be removed from the Register.

(2) If a person who is registered under this Act in pursuance of section 6A becomes subject to a disqualifying decision in another member State expressed to be made on the ground that he has committed a criminal offence he shall be deemed for the purposes of section 7 of this Act, to have been convicted of that offence.”.

“Visiting EEC architects

8.   After section 1 of the 1938 Act there shall be inserted the following section—

Visiting EEC architects.

1A.— (1) A national of a member State who is established as an architect in a member State other than the United Kingdom may practise or carry on business under a name, style or title containing the word “architect” while visiting the United Kingdom without being a person registered under the principal Act during the period, and in respect of the services, for which his enrolment on the list of visiting EEC architects is effective.

(2) Before so practising or carrying on business the person concerned shall supply to the Council—

(a) a declaration in writing giving particulars of the services to be provided and the period or periods for which he expects to provide them; and

(b) a certificate (or certificates), issued not more than 12 months previously by the competent authority of a member State in which he is established as an architect, showing that—

(i) he is lawfully pursuing activities in the field of architecture in a member State other than the United Kingdom; and

(ii) he satisfies any of the requirements set out in section 6A(2) of the principal Act.

(3) Where a person complies with the requirements of subsection (2), the Council shall enrol his name on the list of visiting EEC architects maintained for the purposes of this section for such period or periods and in respect of such services as they consider appropriate having regard to the particulars given in the declaration referred to in subsection (2)(a).

(4) The Council shall maintain, for the purposes of this section, in addition to the Register, a list of the names of visiting EEC architects enrolled from time to time under this section, with their qualifications and the periods for which and the services in respect of which their respective enrolments are effective; and the Council shall permit any person to inspect the list during normal working hours.

(5) No fee shall be charged for enrolment under this section as a visiting EEC architect.

(6) A person shall not be enrolled as a visiting EEC architect at a time when he is subject to—

(a) a disqualifying decision in another member State; or

(b) a period of disqualification from registration imposed by the Council under the principal Act.

(7) A person’s name shall be removed from the list of visiting EEC architects if—

(a) he becomes established as an architect in the United Kingdom;

(b) he renders services in the United Kingdom otherwise than in accordance with a declaration made by him under subsection (2)(a); or

(c) he may no longer lawfully pursue activities in the field of architecture in the member State referred to in subsection (2)(b)(i).

(8) Section 7 of the principal Act and regulations made under section 13 of that Act for the regulation of disciplinary proceedings shall apply to a person who is or has been enrolled under this section as a visiting EEC architect as if that person had been registered under section 6 of that Act, and references to the Register and registration under this Act shall be construed accordingly.

(9) A person enrolled on the list of visiting EEC architects shall, when using his title or any abbreviation of it, express such title or abbreviation in the language or one of the languages of the member State in which the body conferring the title is located and shall follow the title or any abbreviation of it with the name and location of the body conferring the title.”.

G.I. de Deney

Clerk of the Privy Council