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Architects Act 1997
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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 F1...;
(b)wishes his name to be retained or re-entered in F2... the Register under section 8; or
(c)applies for his name to be re-entered in F2... the Register under section 18,
has gained such recent practical experience [F3or undertaken such recent training] as the Board may prescribe, his name shall not be entered or re-entered in F2... the Register, or shall be removed from it, unless he satisfies the Board of his competence to practise.
[F4(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, F2... the Register, the Registrar shall serve written notice of the decision on him within the prescribed period after the date of the decision.
[F5(2A)A notice under subsection (2) must state reasons for the decision.]
[F6(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
F1Words in s. 9(1)(a) omitted (20.6.2008) by virtue of Architects (Recognition of European Qualifications etc and Saving and Transitional Provision) Regulations 2008 (S.I. 2008/1331), regs. 1, 13(b)
F2Words in s. 9 omitted (31.12.2020) by virtue of The Architects Act 1997 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/717), regs. 1(2), 12 (with regs. 22-47) (as amended by S.I. 2019/810, regs. 1(3), 4 and S.I. 2020/1038, regs. 1(3), Sch. 3 para. 4); 2020 c. 1, Sch. 5 para. 1(1)
F3Words in s. 9(1) inserted (28.6.2022) by Building Safety Act 2022 (c. 30), ss. 157(3)(a), 170(3)
F4S. 9(1A) inserted (28.6.2022) by Building Safety Act 2022 (c. 30), ss. 157(3)(b), 170(3)
F5S. 9(2A) inserted (28.6.2022) by Building Safety Act 2022 (c. 30), ss. 158(5), 170(3)
F6S. 9(3)(4) inserted (28.6.2022) by Building Safety Act 2022 (c. 30), ss. 157(3)(c), 170(3)
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