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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(3ZA)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.]

F2(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.

F3(1A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

[F4(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.

[F5(4A)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—

(a)the registered person has applied in the prescribed manner requesting the address or part of it to be excluded from the published version, and

(b)the Board is satisfied that the address is also a residential address of the registered person.]

(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 [F6Registration F7...: general]U.K.

(1)A person who has applied to the Registrar in the prescribed manner for registration F8... is entitled to be registered F9... 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).

[F10(1A)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.]

(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.

F11(2A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)Before F12...—

(a)[F13prescribing] qualifications or practical experience for the purposes of subsection (1)(a);

[F14(aa)making rules under subsection (1A);] or

(b)[F15prescribing] 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 F16...—

(a)if the Registrar is satisfied that the person is entitled to be registered F17..., he shall enter his name in F18... the Register; but

(b)if the Registrar is not so satisfied, he shall [F19refuse the application].

(5)The Registrar shall not consider an application for registration F20... 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 F21... (5), the Board shall [F22—

(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.]

F23(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F24(8)In this section—

(9)For the purposes of subsection (8) a body is based—

(a)where its registered office is,

(b)if it does not have a registered office, where its head office is, or

(c)if it does not have a registered office or a head office, where its principal place of operation is.]

Textual Amendments

F21Words in s. 4(6) omitted (28.6.2022) by virtue of Building Safety Act 2022 (c. 30), ss. 158(3)(b)(i), 170(3)

F264ARegistration F25...: European qualificationsU.K.

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Textual Amendments

F275A Registration in Part 2 of the Register : Directive-rights nationals providing services U.K.

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Textual Amendments

F275B Titles to be used by persons registered in Part 2 of the Register U.K.

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Textual Amendments

F275CInformation to be given to recipients of the serviceU.K.

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Textual Amendments

F275DAdministrative co-operation with other relevant European StatesU.K.

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Textual Amendments

F275EComplaints by recipients of servicesU.K.

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Textual Amendments

6 Registration: further procedural requirements.U.K.

(1)The Board may require an applicant for registration F28... 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.

F29(2A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)The Board may prescribe the information and evidence to be provided to the Registrar in connection with an application for registration F30....

F31(3A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F32(3B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

[F33(4)The Registrar shall serve on an applicant F34... written notice of the decision on his application.

[F35(4A)A notice under subsection (4) shall be served—

[F36(a)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;]

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

(4B)Notice of a refusal [F37of an application] shall state reasons for the refusal.]

F38(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F33S. 6(4)-(4B) substituted for s. 6(4) (23.12.2002) by S.I. 2002/2842, art. 4(2)

F37Words in s. 6(4B) substituted (28.6.2022) by Building Safety Act 2022 (c. 30), ss. 158(4), 170(3)

[F396A.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—

F40(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)gives that person entitlement under section 4 to be registered F41..., or

(c)includes prescribed or equivalent qualifications,

the Board may issue such a certificate to that person if the training F42... 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[F43or recognition] by false representation.U.K.

[F44(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 F45... 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 F45... the Register.

(3)Where a person whose name has been removed from F45... 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 F45... the Register (without his having to make an application under section 4 F46...); 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 F47...;

(b)wishes his name to be retained or re-entered in F48... the Register under section 8; or

(c)applies for his name to be re-entered in F48... the Register under section 18,

has gained such recent practical experience [F49or undertaken such recent training] as the Board may prescribe, his name shall not be entered or re-entered in F48... the Register, or shall be removed from it, unless he satisfies the Board of his competence to practise.

[F50(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, F48... the Register, the Registrar shall serve written notice of the decision on him within the prescribed period after the date of the decision.

[F51(2A)A notice under subsection (2) must state reasons for the decision.]

[F52(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

F5410 Disqualification in [F53a relevant European State].U.K.

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Textual Amendments

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

Where the Registrar serves notice in writing on a [F55registered 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

F56...U.K.

Textual Amendments

F5712 Visiting EEA architects.U.K.

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Textual Amendments