The Architects Act 1997 (Amendment) (EU Exit) Regulations 2019

[F1 Transitional provision U.K.

37.— (1) This regulation and regulations 38 to 47 apply to —

(a) a relevant applicant for the purposes of regulation 33;

(b) a qualifying applicant for the purposes of regulation 34.

(2) Subject to paragraph (3)—

(a) the provisions of the 1997 Act continue to apply on and after IP completion day in relation to a relevant applicant as they had effect immediately before IP completion day, but subject to the modifications specified in regulations 39 to 47, until—

(i) the end of the period of five years beginning with IP completion day; or

(ii) where the period referred to in paragraph (i) is extended in accordance with Article 23(2) of the Swiss citizens’ rights agreement, the end of that period as extended;

(b) [F2 subject to sub-paragraph (c),] the provisions of the 1997 Act continue to apply to a qualifying applicant on and after IP completion day as they had effect immediately before IP completion day without the amendments made by Part 2 of these Regulations, but subject to the modifications specified in regulations 39 to 47, in relation to—

(i) the application concerned; and

(ii) any appeal made under section 22 of the 1997 Act against a decision under that Act in relation to that application;

[F3 (c) where the qualifying applicant is a UK or Swiss national, sub-paragraph (b) only applies in relation to—

(i) an application for registration made before the end of the period of four years beginning with IP completion day; and,

(ii) any appeal made under section 22 of the 1997 Act in relation to such an application.]

(3) The provisions of the 1997 Act mentioned in regulations 39 to 47 cease to have effect in relation to a qualifying applicant at the end of the period of four years beginning with IP completion day unless—

(a) the qualifying applicant is registered under section 4(2A) of the 1997 Act immediately before the end of that period;

(b) the qualifying applicant had applied before the end of that period for registration under section 4(2A) of the 1997 Act and—

(i) that application had not been decided before the end of that period;

(ii) the application had been refused by the Registrar and an appeal against that decision had not been finally determined or withdrawn before the end of that period; or

(iii) the application had been refused by the Registrar but an appeal against that decision was not made within that period;

(c) the qualifying applicant’s registration as a registered architect was suspended before the end of the period of four years beginning with IP completion day and that suspension does not end within that period; or

(d) the qualifying applicant’s name was not re-entered or the qualifying applicant’s name was removed from the Register by the Board before the end of the period of four years beginning with IP completion day and—

(i) an appeal against that decision of the Board had not been finally determined or withdrawn before the end of that period; or

(ii) an appeal against that decision of the Board was not made within that period.]

Textual Amendments

F1 Pts. 3, 4 substituted for Pt. 3 (31.12.2020 immediately before IP completion day) by The Professional Qualifications and Services (Amendments and Miscellaneous Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1038), reg. 1(3), Sch. 3 para. 4

F2 Words in reg. 37(2)(b) inserted (31.1.2023) by The Architects (Fees, Electronic Communications and Miscellaneous Amendments) Regulations 2022 (S.I. 2022/1388), regs. 1(1), 4(2)(a)

F3 Reg. 37(2)(c) inserted (31.1.2023) by The Architects (Fees, Electronic Communications and Miscellaneous Amendments) Regulations 2022 (S.I. 2022/1388), regs. 1(1), 4(2)(b)

Commencement Information

I1 Reg. 37 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)