Architects (Registration) Act 1931 (Repealed 21.7.1997)

Architects (Registration) Act 1931

1931 CHAPTER 33 21 and 22 Geo 5

An Act to provide for the registration of architects and for purposes connected therewith.

[31st July 1931]

Modifications etc. (not altering text)

C1 Act extended (N.I.) by S.R & O. 1931/1093 (Rev. II. p. 761: 1931, p. 69)

C2 Act amended by Architects Registration Act 1938 (c. 54), s. 4

C3 Words of enactment omitted under authority of Statute Law Revision Act 1948 (c. 62), s. 3

Commencement Information

I1 Act in force at 1.1.1932 and as provided by s. 18(1)(3) (now repealed)

I2 Act partly in force at 1.1.1932 in accordance with s. 18(1) which was repealed by Statute Law Revision Act 1950 (c. 6), s. 1, Sch. 1

1 Short title. U.K.

This Act may be cited as the Architects (Registration) Act, 1931.

2 Interpretation. U.K.

In this Act unless the context otherwise requires—

• [F1 The expression “the Board” means the Architects Registration Board.]

• The expression “registered person” means a person [F2 whose name is in the Register].

• The expression “prescribed” means prescribed by [F3 rules made by the Board] under this Act.

• The expression “the Register” means the Register [F4 of Architects].

• [F5 The expression “the Registrar” means the Registrar of Architects appointed by the Board under section 4.

• The expressions “penalty order”, “suspension order” and “erasure order” shall be construed in accordance with sections 7ZB, 7ZC and 7ZD.

• The expression “disciplinary order” has the meaning given by section 7ZA.]

• [F6 The expression “the Directive” means European Communities Council Directive No. M1 85/384/EEC on the mutual recognition of diplomas, certificates and other evidence of formal qualifications in architecture, as amended by European Communities Council Directives Nos. M2 85/614/EEC and M3 86/17/EEC.

• 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.]

Textual Amendments

F1 S. 2: definition of “the Board” in s. 2 substituted (1.4.1997) for the definition of “the Council” by 1996 c. 53, s. 125, Sch. 2 para. 2(2); S.I. 1996/2842, art.4

F2 S. 2: words in the definition of “registered person” substituted (1.4.1997) by 1996 c. 53, s. 125, Sch. 2, Pt. II para. 2(3); S.I. 1996/2842, art.4

F3 S. 2: words in the definition of “prescribed” substituted (1.4.1997) by 1996 c. 53, s. 125, Sch. 2, Pt. II para. 2(4); S.I. 1996/2842, art.4

F4 S. 2: words in the definition of “the Register” substituted (1.4.1997) by 1996 c. 53, s. 125, Sch. 2, Pt. II para. 2(5); S.I. 1996/2842, art.4

F5 S. 2: definitions of “the Registrar”, “penalty order” and “disciplinary order” inserted (1.4.1997) by 1996 c. 53, s. 125, Sch. 2, Pt. II para. 2(6); S.I. 1996/2842, art.4

F6 Words inserted by S.I. 1987/1824, art. 3

Marginal Citations

M1 O.J. No. L. 223/15.

M2 O.J. No. L. 376/1.

M3 O.J. No. L. 27/71.

3 [F7 The Board and its committees] U.K.

(1) [F8 The Architects Registration Board shall be a body corporate], with perpetual succession and a common seal . . . F9

(2) F10 . . . The seal of the [F11 Board]shall be authenticated in manner prescribed by the [F11 Board], and any document purporting to be sealed with the seal so authenticated shall be receivable as evidence of the particulars stated in that document.

[F12 (2A) Part I of the First Schedule to this Act makes provision about the constitution and proceedings of the Board.

(2B) There shall be a Professional Conduct Committee of the Board and Part II of that Schedule makes provision about its constitution and proceedings.

(2C) Part III of that Schedule gives to the Board power to establish other committees and makes provision about their constitution and proceedings.

(2D) Part IV of that Schedule makes general provision about the Board and its committees.]

F13 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F7 S. 3: sidenote substituted (1.4.1997) by 1996 c. 53, s. 125, Sch. 2 Pt. II para. 3(4); S.I. 1996/2842, art.4

F8 Words in s. 3(1) substituted (1.4.1997) by 1996 c. 53, s. 125, Sch. 2 Pt. II para. 3(2); S.I. 1996/2842, art.4

F9 Words repealed by Charities Act 1960 (c. 58), Sch. 7 Pt. II and Mortmain (Repeals) Act (Northern Ireland) 1960 (c. 20), s. 1(2)

F10 Words in s. 3(2) repealed (1.4.1997) by 1996 c. 53, ss. 125, 147, Sch. 2 Pt. II para. 3(3)(a), Sch. 3 Pt.II; S.I. 1996/2842, art.4

F11 Words in s. 3(2) substituted (1.4.1997) by 1996 c. 53, s. 125, Sch. 2, Pt. II para. 3(3)(b); S.I. 1996/2842, art.4

F12 S. 3(2A)-(2D) inserted (1.4.1997) by 1996 c. 53, s. 118(3); S.I. 1996/2842, art.4

F13 S. 3(3)(4) repealed (1.4.1997) by 1996 c. 53, s. 147, Sch. 3 Pt.II; S.I. 1996/2842, art.4

[F14 4 The Registrar. U.K.

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

(2) The Board shall determine 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.

(4) The Board may, in addition to paying to the Registrar a salary or fees—

(a) pay pensions to or in respect of him or make contributions to the payment of such pensions; and

(b) pay him allowances, expenses and gratuities.]

Textual Amendments

F14 Ss. 4, 4A substituted (1.4.1997) for s. 4 by 1996 c. 53, s.119; S.I. 1996/2842, art.4

4A F15 Staff. U.K.

(1) The Board may appoint staff.

(2) The Board shall determine the period for which, and the terms on which, its staff are appointed.

(3) Staff appointed by the Board shall have the duties which the Board directs.

(4) The Board may, in addition to paying salaries to its staff—

(a) pay pensions to or in respect of them or make contributions to the payment of such pensions; and

(b) pay them allowances, expenses and gratuities.

Textual Amendments

F15 Ss. 4, 4A substituted (1.4.1997) for s. 4 by 1996 c. 53, s.119; S.I. 1996/2842, art.4

F16 5 Board of Architectural Education and Admission Committee. U.K.

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

Textual Amendments

F16 S. 5 repealed (1.4.1997) by 1996 c. 53, s. 147, Sch. 3 Pt.II; S.I. 1996/2842, art.4

[F17 5A 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.

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

(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 annually the current version of the Register and a copy of the most recently published version of the Register shall be provided to any person who requests one on payment of a reasonable charge determined 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

F17 S. 5A inserted (1.4.1997) by 1996 c. 53, s. 120(1); S.I. 1996/2842, art.4

[F18 6 Entitlement to registration. U.K.

(1) A person who has applied to the Registrar in the prescribed manner for registration in pursuance of this section is entitled to be registered 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.

(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) The Board may require—

(a) an applicant for registration in pursuance of this section; and

(b) a candidate for any examination under subsection (2),

to pay a fee of a prescribed amount.

(5) The Board may by rules prescribe the information and evidence to be furnished to the Registrar in connection with an application for registration in pursuance of this section.

(6) Where a person has duly applied for registration in pursuance of this section—

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

(b) if the Registrar is not so satisfied, he shall refer the application to the Board.

(7) The Registrar shall not consider an application for registration in pursuance of this section 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.

(8) Where a person’s application is referred to the Board under subsection (6) or (7), the Board shall direct the Registrar to enter the person’s name in the Register if the Board is satisfied that the person is entitled to be registered.

(9) The Registrar shall serve on an applicant for registration in pursuance of this section written notice of the decision on his application—

(a) where the application is made on the ground that he satisfies subsection (1)(a), within three months of his application being duly made; and

(b) where the application is made on the ground that he satisfies subsection (1)(b), within six months of his application being duly made.]

Textual Amendments

F18 S. 6 substituted (1.4.1997) by 1996 c. 53, s. 120(2); S.I. 1996/2842, art.4

Modifications etc. (not altering text)

C4 S. 6(1)(a) extended (1.4.1997) by 1996 c. 53, s. 125, Sch. 2 Pt. III para.23; S.I. 1996/2842, art.4

[F19 6A (1) F20 . . . A national of a member State who satisfies any of the requirements mentioned in subsection (2) [F21 and has applied to the Registrar in the prescribed manner for registration in pursuance of this section is entitled to be registered.].

[F22 (1A) The Board may require an applicant for registration in pursuance of this section to pay a fee of a prescribed amount.

(1B) The Board may by rules prescribe the information and evidence to be furnished to the Registrar in connection with an application for registration in pursuance of this section.]

(2) The requirements referred to in subsection (1) are that the person holds-

(a) a qualification which-

(i) is mentioned in the Fourth or Fifth Schedules, or

(ii) satisfies the requirements of Articles 3 and 4 of the Directive and is included in a list published from time to time in the Official Journal of the European Communities in accordance with Article 7 of the Directive;

(b) 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;

(c) 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) A qualification mentioned in Part I of the Fourth Schedule, Part I of the Fifth Schedule, or which complies with subsection (2)(a)(ii), shall be accompanied by a certificate issued by a competent authority of a member State, in accordance with Article 23(2) 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.

(4) A qualification mentioned in Part II of the Fourth or Part II of the Fifth Schedule shall be accompanied by 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.

(5) The course of study leading to a qualification mentioned in the Fifth Schedule shall, subject to any earlier date specified in that Schedule in respect of the award of any such qualification, have commenced not later than the beginning of the first academic year after 5th August 1987.

(6) 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 Fifth Schedule to this Act or complies with subsection (2)(a)(ii), that person shall, for the purposes of this Act, be deemed to hold a qualification which satisfies the requirements of this section.

(7) [F23 An application by a person for registration in pursuance of this section may be refused if] there is a disqualifying decision in another member State in force in respect of that person.

(8) The [F24 Registrar shall serve on an applicant for registration in pursuance of this section written notice of the decision on his application] within three months of his application being duly made.

(9) If, in pursuance of Article 17(4) or 18(2) of the Directive, the [F25 Board consults] a member State in respect of an application under this section, the period mentioned in subsection (8) shall be extended by such period as may elapse between initiating the consultation and the receipt by the [F26 Board of] a final reply from that member State.

(10) A person who is registered in accordance with 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.]

Textual Amendments

F19 S. 6A inserted by S.I. 1987/1824, art. 5 and substituted by S.I. 1988/2241, art. 2 (art. 3 revoking the said art. 5 of S.I. 1987/1824)

F20 Words in s. 6A(1) repealed (1.4.1997) by 1996 c. 53, s. 147, Sch. 3 Pt.II; S.I. 1996/2842, art.4

F21 Words in s. 6A(1) substituted (1.4.1997) by 1996 c. 53, s. 125, Sch. 2 Pt. II para. 4(2); S.I. 1996/2842, art.4

F22 S. 6A(1A)(1B) inserted (1.4.1997) by 1996 c. 53, s. 125, Sch. 2 Pt. II para. 4(3); S.I. 1996/2842, art.4

F23 Words in s. 6A(7) substituted (1.4.1997) by 1996 c. 53, s. 125, Sch. 2 Pt. II para. 4(4); S.I. 1996/2842, art.4

F24 Words in s. 6A(8) substituted (1.4.1997) by 1996 c. 53, s. 125, Sch. 2 Pt. II para. 4(5); S.I. 1996/2842, art.4

F25 Words in s. 6A(9) substituted (1.4.1997) by 1996 c. 53, s. 125, Sch. 2 Pt. II para. 4(6)(a); S.I. 1996/2842, art.4

F26 Words in s. 6A(9) substituted (1.4.1997) by 1996 c. 53, s. 125, Sch. 2 Pt. II para. 4(6)(b); S.I. 1996/2842, art.4

[F27 6B Retention of name in Register. U.K.

(1) The Board may require a registered person to pay a fee (in this section referred to as a “retention fee”) of a prescribed amount if he wishes his name to be retained in 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 the Register.

(3) Where a person whose name has been removed from 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 the Register (without his having to make an application under section 6 or 6A); 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

F27 Ss. 6B, 6C inserted (1.4.1997) by 1996 c. 53, s. 120(3); S.I. 1996/2842, art.4

Modifications etc. (not altering text)

C5 S. 6B amended (1.4.1997) by 1996 c. 53, s. 125, Sch. 2 Pt. III para.24; S.I. 1996/2842, art.4

F28 6C Registration: additional requirements. U.K.

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

(a) applies for registration in pursuance of section 6 or 6A;

(b) wishes his name to be retained or re-entered in the Register under section 6B; or

(c) applies for his name to be re-entered in the Register under section 7ZD,

has gained such recent practical experience as rules made by the Board require a person to have gained before he is entitled to have his name entered, retained or re-entered in the Register, his name shall not be so entered or re-entered, or shall be removed, unless he satisfies the Board of his competence to practise.

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

Textual Amendments

F28 Ss. 6B, 6C inserted (1.4.1997) by 1996 c. 53, s. 120(3); S.I. 1996/2842, art.4

[F29 7 Unacceptable professional conduct and serious professional incompetence. U.K.

(1) Where an allegation is made that a registered person is guilty of—

(a) unacceptable professional conduct (that is, conduct which falls short of the standard required of a registered person); or

(b) serious professional incompetence,

or it appears to the Registrar that a registered person may be so guilty, the case shall be investigated by persons appointed in accordance with rules made by the Board.

(2) Where persons investigating a case under subsection (1) find that a registered person has a case to answer they shall report their finding to the Professional Conduct Committee.

(3) Where the Professional Conduct Committee receives a report under subsection (2) in relation to a registered person, the Committee shall consider whether he is guilty of unacceptable professional conduct or serious professional incompetence.

(4) Before considering whether a registered person is guilty of unacceptable professional conduct or serious professional incompetence the Professional Conduct Committee shall—

(a) serve on him written notice outlining the case against him; and

(b) give him the opportunity to appear before the Committee to argue his case.

(5) At any such hearing the registered person is entitled to be legally represented.

(6) The Board may make rules as to the procedure to be followed by the Professional Conduct Committee in any proceedings under this section.

(7) If the Board does not make rules for the appointment of persons to investigate whether registered persons have been guilty of unacceptable professional conduct or serious professional incompetence, the Professional Conduct Committee shall consider such questions without any prior investigation.]

Textual Amendments

F29 Ss. 7-7ZD substituted for s. 7 (1.4.1997) by 1996 c. 53, s.121; S.I. 1996/2842, art.4

Modifications etc. (not altering text)

C6 Ss. 7, 7ZA-7ZD extended (1.4.1997) by 1996 c. 53, s. 125, Sch. 2 Pt. III para. 27(1); S.I. 1996/2842, art.4

F30 7ZA Disciplinary orders. U.K.

(1) The Professional Conduct Committee may make a disciplinary order in relation to a registered person if—

(a) it is satisfied, after considering his case, that he is guilty of unacceptable professional conduct or serious professional incompetence; or

(b) he has been convicted of a criminal offence other than an offence which has no material relevance to his fitness to practise as an architect.

(2) In this Act “disciplinary order” means—

(a) a reprimand;

(b) a penalty order;

(c) a suspension order; or

(d) an erasure order.

(3) Where the Professional Conduct Committee makes a disciplinary order in relation to a person, the Registrar shall serve written notice of the order on the person as soon as is reasonably practicable.

(4) The Professional Conduct Committee shall, at appropriate intervals and in such manner as it considers appropriate, publish—

(a) the names of persons whom it has found guilty of unacceptable professional conduct or serious professional incompetence or in relation to whom it has made a disciplinary order under subsection (1)(b); and

(b) in the case of each person a description of the conduct, incompetence or offence concerned and the nature of any disciplinary order made.

(5) Where, after considering the case of a registered person, the Professional Conduct Committee is not satisfied that he is guilty of unacceptable professional conduct or serious professional incompetence, it shall, if he so requests, publish a statement of that fact in such manner as it considers appropriate.

Textual Amendments

F30 Ss. 7, 7ZA-7ZD substituted (1.4.1997) for s. 7 by 1996 c. 53, s.121; S.I. 1996/2842, art.4

Modifications etc. (not altering text)

C7 Ss. 7, 7ZA-7ZD extended (1.4.1997) by 1996 c. 53, s. 125, Sch. 2 Pt. III para. 27(1); S.I. 1996/2842, art.4

F31 7ZB Penalty orders. U.K.

(1) Where a penalty order is made in relation to a registered person, he shall pay to the Board the sum specified in the order.

(2) A penalty order may not specify a sum exceeding the amount which, at the relevant time, is the amount specified as level 4 on the standard scale of fines for summary offences.

In this subsection “the relevant time” means—

(a) in a case within subsection (1)(a) of section 7ZA, the time of the conduct or incompetence of which the registered person is found guilty; and

(b) in a case within subsection (1)(b) of that section, the time when he committed the criminal offence of which he has been convicted.

(3) A penalty order shall specify the period within which the sum specified in it is to be paid.

(4) If the person in relation to whom a penalty order is made does not pay the sum specified in the order within the period so specified, the Professional Conduct Committee may make a suspension order or an erasure order in relation to him.

(5) The Board shall pay into the Consolidated Fund any sum paid under a penalty order.

Textual Amendments

F31 Ss. 7, 7ZA-7ZD substituted (1.4.1997) for s. 7 by 1996 c. 53, s.121; S.I. 1996/2842, art.4

Modifications etc. (not altering text)

C8 Ss. 7, 7ZA-7ZD extended (1.4.1997) by 1996 c. 53, s. 125, Sch. 2 Pt. III para. 27(1); S.I. 1996/2842, art.4

F32 7ZC Suspension orders. U.K.

Where a suspension order is made in relation to a registered person, the Registrar shall remove his name from the Register but shall re-enter it in the Register at the end of such period not exceeding two years as is specified in the order.

Textual Amendments

F32 Ss. 7, 7ZA-7ZD substituted (1.4.1997) for s. 7 by 1996 c. 53, s.121; S.I. 1996/2842, art.4

Modifications etc. (not altering text)

C9 Ss. 7, 7ZA-7ZD extended (1.4.1997) by 1996 c. 53, s. 125, Sch. 2 Pt. III para. 27(1); S.I. 1996/2842, art.4

F33 7ZD Erasure orders. U.K.

(1) Where an erasure order is made in relation to a registered person, the Registrar shall remove his name from the Register and it shall not be re-entered in the Register unless the Board so directs.

(2) No application shall be made for the name of a person in relation to whom an erasure order has been made to be re-entered in the Register—

(a) before the end of the period of two years beginning with the date of the erasure order or such longer period specified in the erasure order as the Professional Conduct Committee considers appropriate in a particular case; or

(b) where he has made a previous application for his name to be re-entered in the Register, before the end of the prescribed period beginning with the date of the decision of the Board on that application.

(3) The Registrar shall serve on a person who applies for his name to be re-entered in the Register under this section written notice of the decision on his application within the prescribed period after the date of the decision.

(4) The Board may require a person whose name is re-entered in the Register under this section to pay a fee of a prescribed amount.

Textual Amendments

F33 Ss. 7, 7ZA-7ZD substituted (1.4.1997) for s. 7 by 1996 c. 53, s.121; S.I. 1996/2842, art.4

Modifications etc. (not altering text)

C10 Ss. 7, 7ZA-7ZD extended (1.4.1997) by 1996 c. 53, s. 125, Sch. 2 Pt. III para. 27(1); S.I. 1996/2842, art.4

[F34 7ZE Code of practice. U.K.

(1) The Board shall issue a code laying down standards of professional conduct and practice expected of registered persons.

(2) The Board shall keep the code under review and vary its provisions whenever it considers it appropriate to do so.

(3) Before issuing or varying the code, the Board shall—

(a) consult such professional bodies and such other persons with an interest in architecture as it considers appropriate; and

(b) publish in such manner as it considers appropriate notice that it proposes to issue or vary the code, stating where copies of the proposals can be obtained.

(4) Failure by a registered person to comply with the provisions of the code—

(a) shall not be taken of itself to constitute unacceptable professional conduct or serious professional incompetence on his part; but

(b) shall be taken into account in any proceedings against him under section 7.

(5) The Board shall provide a copy of the code to any person who requests one on payment of a reasonable charge determined by the Board (and may provide a copy free of charge whenever it considers appropriate).]

Textual Amendments

F34 S. 7ZE inserted (1.4.1997) by 1996 c. 53, s.122; S.I. 1996/2842, art.4

[F35 7A Removal of name from Register: disqualification in another member State. U.K.

(1) If a person’s name was entered on the Register in pursuance of section 6A F36 . . . 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 [F37 Board was] unaware of that fact, the [F38 Board, on] being satisfied that the person was at that time and still is subject to that disqualifying decision, may [F39 order the Registrar to remove his name] 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 [F40 7ZA(1)], to have been convicted of that offence.]

[F41 (3) 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 the person as soon as is reasonably practicable.]

Textual Amendments

F35 S. 7A inserted by S.I. 1987/1824, art. 7

F36 Words in s. 7A(1) repealed (1.4.1997) by 1996 c. 53, s. 147, Sch. 3 Pt.II; S.I. 1996/2842, art.4

F37 Words in s. 7A(1) substituted (1.4.1997) by 1996 c. 53, s. 125, Sch. 2 Pt. II para. 5(2)(a); S.I. 1996/2842, art.4

F38 Words in s. 7A(1) substituted (1.4.1997) by 1996 c. 53, s. 125, Sch. 2 Pt. II para. 5(2)(b); S.I. 1996/2842, art.4

F39 Words in s. 7A(1) substituted (1.4.1997) by 1996 c. 53, s. 125, Sch. 2 Pt. II para. 5(2)(c); S.I. 1996/2842, art.4

F40 Words in s. 7A(2) substituted (1.4.1997) by 1996 c. 53, s. 125, Sch. 2 Pt. II para. 5(3); S.I. 1996/2842, art.4

F41 S. 7A(3) inserted (1.4.1997) by 1996 c. 53, s. 125, Sch. 2 Pt. II para. 5(4); S.I. 1996/2842, art.4

Modifications etc. (not altering text)

C11 S. 7A(1) modified (1.4.1997) by 1996 c. 53, s. 125, Sch. 2 Pt. III para.25; S.I. 1996/2842, art.4

F42 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F42 S. 8 repealed (1.4.1997) by 1996 c. 53, s. 147, Sch. 3 Pt.II; S.I. 1996/2842, art.4

9 [F43 Appeals.] U.K.

Any person aggrieved [F44 by—

(a) his name not being re-entered in, or being removed from, the Register by virtue of section 6C(1);

(b) the making of a disciplinary order in relation to him; or

(c) the Board ordering the Registrar to remove his name from the Register under section 7A,

may appeal to the High Court or the Court of Session within three months from the date on which notice of the decision or order concerned is served on him; and on an appeal under this section the Court may make any order which appears appropriate, and no appeal shall lie from any decision of the Court on such an appeal.]

Textual Amendments

F43 S. 9: sidenote substituted (1.4.1997) by 1996 c. 53, s. 125, Sch. 2 Pt. II para. 6(3); S.I. 1996/2842, art.4

F44 Words in s. 9 substituted (1.4.1997) by 1996 c. 53, s. 125, Sch. 2 Pt. II para. 6(2); S.I. 1996/2842, art.4

Modifications etc. (not altering text)

C12 S. 9 explained (1.4.1997) by 1996 c. 53, s. 125, Sch. 2 Pt. III para.29; S.I. 1996/2842, art.4

10 F45 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F45 S. 10 repealed by Architects Registration Act 1938 (c. 54), s. 1(4)

11 Removal of name from Register for failure to notify change of address. U.K.

For the purpose of maintaining the Register the [F46 Registrar] may at any time by notice in writing served on any registered person inquire if such person has changed his regular business address, and if no answer shall be received within six months from the sending of such notice, the [F46 Registrar] shall send to the said person a further notice by post as a registered letter, and if no answer shall be received within three months from the sending of such further notice, the [F46 Registrar] may remove the name of such person from the Register.

Textual Amendments

F46 Words in s. 11 substituted (1.4.1997) by 1996 c. 53, s. 125, Sch. 2 Pt. II para.7; S.I. 1996/2842, art.4

Modifications etc. (not altering text)

C13 S. 11 amended by Recorded Delivery Service Act 1962 (c. 27), s. 1, Sch.

12 Penalty for obtaining registration by false representation. U.K.

If any person shall [F47 intentionally] procure or attempt to procure himself to be registered under this Act by making or producing or causing to be made or produced any false or fraudulent representation or declaration, either verbally or in writing, the person so offending, shall be liable on summary conviction to a fine not exceeding [F48 level 3 on the standard scale].

Textual Amendments

F47 Word in s. 12 substituted (1.4.1997) by 1996 c. 53, s. 125, Sch. 2 Pt. II para.8; S.I. 1996/2842, art.4

F48 Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46, (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G and (N.I.) S.I. 1984/703 (N.I.3), arts. 5, 6

[F49 13 Rules. U.K.

(1) The Board may make rules generally for carrying out or facilitating the purposes of this Act.

(2) The Board shall, before making any rules under this Act, publish a draft of the rules and give those to whom the rules would be applicable an opportunity of making representations to the Board.]

Textual Amendments

F49 S. 13 substituted (1.4.1997) by 1996 c. 53, s. 125, Sch. 2 Pt. II para.9; S.I. 1996/2842, art.4

14 F50 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F50 S. 14 repealed by Architects Registration (Amendment) Act 1969 (c. 42), s. 2

15 Supply of [F51 rules] and forms. U.K.

The [F52 Registrar] shall on payment of the prescribed charges supply a copy of any [F51 rules] made under this Act and of any forms prescribed by such [F51 rules] to any person applying for the same.

Textual Amendments

F51 Words in s. 15 substituted (1.4.1997) by 1996 c. 53, s.125, Sch. 2 Pt. II para. 10(3); S.I. 1996/2482, art.4

F52 Word in s. 15 substituted (1.4.1997) by 1996 c. 53, s. 125, Sch. 2 Pt. II para. 10(2); S.I. 1996/2842, art.4

16 Service of documents. U.K.

(1) Any notice or document required by or for the purposes of this Act [F53 to be served] may be sent by post, and when sent to any registered person shall be deemed to be properly addressed if addressed to him at his address in the Register.

(2) Any notice relating to the refusal to register any person, or [F54 required to be served by section 6C(2), 7(4)(a), 7ZA(3) or 7A(3)], shall be sent by post as a registered letter.

Textual Amendments

F53 Words in s. 16(1) substituted (1.4.1997) by 1996 c. 53, s. 125, Sch. 2 Pt. II para. 11(2); S.I. 1996/2842, art.4

F54 Words in s. 16(2) substituted (1.4.1997) by 1996 c. 53, s. 125, Sch. 2 Pt. II para. 11(3); S.I. 1996/2842, art.4

Modifications etc. (not altering text)

C14 S. 16 amended by Recorded Delivery Service Act 1962 (c. 27), s. 1, Sch.

17 [F55 Defence for business under control and management of registered person] U.K.

[F56 (1)]Nothing in this Act shall prevent a body corporate, firm or partnership from carrying on business under the style or title of [F57 Architect]:

(a) if the business of the body corporate, firm or partnership so far as it relates to architecture is under the control and management of a [F58 registered person] who does not act at the same time in a similar capacity for any other body corporate firm or partnership; and

(b) if in every premises where such business as aforesaid is carried on [F59 it is carried on by or under the supervision of] a registered person.

[F60 (2) In relation to an offence under subsection (1)—

(a) section 127(1) of the M4 Magistrates’ Courts Act 1980 (information to be laid within six months of offence);

(b) Article 19(1) of the M5 Magistrates’ Courts (Northern Ireland) Order 1981 (complaint to be made within that time); and

(c) section 136(1) of the M6 Criminal Procedure (Scotland) Act 1995 (proceedings to be commenced within that time),

shall have effect as if for the references in them to six months there were substituted references to two years.]

Textual Amendments

F55 S. 17: sidenote substituted (1.4.1997) by 1996 c. 53, s. 125, Sch. 2 Pt. II para. 12(4); S.I. 1996/2842, art.4

F56 S. 17 renumbered as s. 17(1) (1.4.1997) by 1996 c. 53, s. 123(4), Sch. 2 paras. 31, 34(2); S.I. 1996/2842, art.4

F57 Word substituted by Architects Registration Act 1938 (c. 54), s. 1(3)

F58 Words in s. 17(a) substituted (1.4.1997) by 1996 c. 53, s. 125, Sch. 2 Pt. II para. 12(2); S.I. 1996/2842, art.4

F59 Words in s. 17(b) substituted (1.4.1997) by 1996 c. 53, s. 125, Sch. 2 Pt. II para. 12(3); S.I. 1996/2842, art.4

F60 S. 17(2) inserted (1.4.1997) by 1996 c. 53, s. 123(4), Sch. 2 Pt. II paras. 31, 34(2); S.I. 1996/2842, art.4

Modifications etc. (not altering text)

C15 S. 17 explained (1.4.1997) 1938 c. 54, s. 1(1A) (as inserted by 1996 c. 53, s. 123(1), Sch. 2, paras. 31, 34(2); S.I. 1996/2842, art.4

Marginal Citations

M4 1980 c. 43.

M5 S.I. 1981/1675 (N.I. 26).

M6 1995 c. 46.

18 Commencement of Act and application of Act to Northern Ireland. U.K.

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F61

[F62 (2) This Act extends to Northern Ireland.]

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F63

Textual Amendments

F61 S. 18(1) repealed by Statute Law Revision Act 1950 (c. 6), s.1, Sch. 1

F62 S. 18(2) substituted (1.4.1997) by 1996 c. 53, s. 125, Sch. 2 Pt. II para.13; S.I. 1996/2842, art.4

F63 S. 18(3) repealed by Northern Ireland Constitution Act 1973 (c. 36), Sch.6 Pt. I

SCHEDULES

Section 3.]

[F64 FIRST SCHEDULE U.K. The Board and its committees

Textual Amendments

F64 First Schedule substituted (1.4.1997) by 1996 c. 53, ss. 118(4), 125, Sch. 2 Pt.I, III; S.I. 1996/2842, art.4

Part I U.K. The Board

Commencement Information

I3 First Schedule substituted (1.4.1997 with effect as mentioned in Sch. 2 Pt. III para. 2 of the amending Act and S.I. 1996/2352, art. 2(3)) by 1996 c. 53, ss. 118(4), 125, Sch. 2 Pts.I, III; S.I. 1996/2352, art. 2(3); S.I. 1996/2842, art.4

F65 Membership U.K.

Textual Amendments

F65 First Schedule substituted (1.4.1997 with effect as mentioned in Sch. 2 Pt. III para. 21 of the amending Act and S.I. 1996/2352, art. 2(3)) by 1996 c. 53, ss. 118(4), 125, Sch. 2 Pt.I, III; S.I. 1996/2352, art. 2(3); S.I. 1996/2842, art.4

F66 1 The Board shall consist of—

(a) seven elected members; and

(b) eight appointed members.

Textual Amendments

F66 First Schedule substituted (1.4.1997 with effect as mentioned in Sch. 2 Pt. III para. 21 of the amending Act and S.I. 1996/2352, art. 2(3)) by 1996 c. 53, ss. 118(4), 125, Sch. 2 Pt.I, III; S.I. 1996/2352, art. 2(3); S.I. 1996/2842, art.4

F67 Elected members U.K.

Textual Amendments

F67 First Schedule substituted (1.4.1997 with effect as mentioned in Sch. 2 Pt. III para. 21 of the amending Act and S.I. 1996/2352, art. 2(3)) by 1996 c. 53, ss. 118(4), 125, Sch. 2 Pt.I, III; S.I. 1996/2352, art. 2(3); S.I. 1996/2842, art.4

F68 2 (1) The elected members shall be elected in accordance with an electoral scheme made by the Board, with the approval of the Privy Council, after consultation with such bodies as appear to the Board to be representative of architects.

(2) An electoral scheme under sub-paragraph (1) may be amended by the Board with the approval of the Privy Council and after consultation with such bodies as are mentioned in that sub-paragraph.

(3) The persons qualified—

(a) to elect the elected members; and

(b) to be elected as elected members,

are all those who are registered persons when the election is held.

Textual Amendments

F68 First Schedule substituted (1.4.1997 with effect as mentioned in Sch. 2 Pt. III para. 21 of the amending Act and S.I. 1996/2352, art. 2(3)) by 1996 c. 53, ss. 118(4), 125, Sch. 2 Pt.I, III; S.I. 1996/2352, art. 2(3); S.I. 1996/2842, art.4

F69 Appointed members U.K.

Textual Amendments

F69 First Schedule substituted (1.4.1997 with effect as mentioned in Sch. 2 Pt. III para. 21 of the amending Act and S.I. 1996/2352, art. 2(3)) by 1996 c. 53, ss. 118(4), 125, Sch. 2 Pt.I, III; S.I. 1996/2352, art. 2(3); S.I. 1996/2842, art.4

F70 3 (1) The appointed members shall be appointed by the Privy Council, after consultation with the Secretary of State and such other persons or bodies as the Privy Council think fit, to represent the interests of users of architectural services and the general public.

(2) No registered person shall be eligible for appointment as an appointed member.

Textual Amendments

F70 First Schedule substituted (1.4.1997 with effect as mentioned in Sch. 2 Pt. III para. 21 of the amending Act and S.I. 1996/2352, art. 2(3)) by 1996 c. 53, ss. 118(4), 125, Sch. 2 Pt.I, III; S.I. 1996/2352, art. 2(3); S.I. 1996/2842, art.4

F71 Term of office U.K.

Textual Amendments

F71 First Schedule substituted (1.4.1997 with effect as mentioned in Sch. 2 Pt. III para. 21 of the amending Act and S.I. 1996/2352, art. 2(3)) by 1996 c. 53, ss. 118(4), 125, Sch. 2 Pt.I, III; S.I. 1996/2352, art. 2(3); S.I. 1996/2842, art.4

F72 4 (1) Subject to sub-paragraphs (2) and (3), the term of office of a member of the Board is three years.

(2) A member may resign at any time by notice in writing addressed to the Registrar.

(3) The Board may by rules prescribe grounds (such as repeated absence from meetings or unacceptable professional conduct) on which any member may be removed from office and the procedure for removal.

Textual Amendments

F72 First Schedule substituted (1.4.1997 with effect as mentioned in Sch. 2 Pt. III para. 21 of the amending Act and S.I. 1996/2352, art. 2(3)) by 1996 c. 53, ss. 118(4), 125, Sch. 2 Pt.I, III; S.I. 1996/2352, art. 2(3); S.I. 1996/2842, art.4

F73 5 A person who has held office as a member of the Board for a continuous period of six years may not be elected or appointed as a member until at least three years have elapsed since he last held office.

Textual Amendments

F73 First Schedule substituted (1.4.1997 with effect as mentioned in Sch. 2 Pt. III para. 21 of the amending Act and S.I. 1996/2352, art. 2(3)) by 1996 c. 53, ss. 118(4), 125, Sch. 2 Pt.I, III; S.I. 1996/2352, art. 2(3);S.I. 1996/2842, art.4

F74 Casual vacancies U.K.

Textual Amendments

F74 First Schedule substituted (1.4.1997 with effect as mentioned in Sch. 2 Pt. III para. 21 of the amending Act and S.I. 1996/2352, art. 2(3)) by 1996 c. 53, ss. 118(4), 125, Sch. 2 Pt.I, III; S.I. 1996/2352, art. 2(3); S.I. 1996/2842, art.4

F75 6 (1) Where a vacancy occurs among the members of the Board otherwise than by the expiry of a member’s term of office—

(a) if the vacancy is among the elected members, the Board shall appoint a registered person to fill it; and

(b) if the vacancy is among the appointed members, the Privy Council shall appoint a person to fill it.

(2) Subject to paragraph 4(2) and (3), a person appointed under sub-paragraph (1) to fill a vacancy holds office until the date on which the term of office of the member whose vacancy he fills would have expired.

(3) A person appointed under sub-paragraph (1)(a) shall be regarded as an elected member and a person appointed under sub-paragraph (1)(b) shall be regarded as an appointed member.

Textual Amendments

F75 First Schedule substituted (1.4.1997 with effect as mentioned in Sch. 2 Pt. III para. 21 of the amending Act and S.I. 1996/2352, art. 2(3)) by 1996 c. 53, ss. 118(4), 125, Sch. 2 Pt.I, III; S.I. 1996/2352, art. 2(3); S.I. 1996/2842, art.4

F76 Chairman U.K.

Textual Amendments

F76 First Schedule substituted (1.4.1997 with effect as mentioned in Sch. 2 Pt. III para. 21 of the amending Act and S.I. 1996/2352, art. 2(3)) by 1996 c. 53, ss. 118(4), 125, Sch. 2 Pt.I, III; S.I. 1996/2352, art. 2(3); S.I. 1996/2842, art.4

F77 7 (1) The members of the Board shall elect a chairman from among themselves.

(2) The chairman—

(a) may resign by notice in writing addressed to the Registrar; and

(b) may be removed by a majority vote of the other members of the Board.

(3) Rules made by the Board may make provision for the appointment of a person to act as chairman in the event of a vacancy in the office of chairman or in such other circumstances as may be prescribed.

Textual Amendments

F77 First Schedule substituted (1.4.1997 with effect as mentioned in Sch. 2 Pt. III para. 21 of the amending Act and S.I. 1996/2352, art. 2(3)) by 1996 c. 53, ss. 118(4), 125, Sch. 2 Pt.I, III; S.I. 1996/2352, art. 2(3); S.I. 1996/2842, art.4

F78 8 In the event of a tie in any vote of the Board the chairman shall have an additional casting vote.

Textual Amendments

F78 First Schedule substituted (1.4.1997 with effect as mentioned in Sch. 2 Pt. III para. 21 of the amending Act and S.I. 1996/2352, art. 2(3)) by 1996 c. 53, ss. 118(4), 125, Sch. 2 Pt.I, III; S.I. 1996/2352, art. 2(3); S.I. 1996/2842, art.4

F79 Procedure U.K.

Textual Amendments

F79 First Schedule substituted (1.4.1997 with effect as mentioned in Sch. 2 Pt. III para. 21 of the amending Act and S.I. 1996/2352, art. 2(3)) by 1996 c. 53, ss. 118(4), 125, Sch. 2 Pt.I, III; S.I. 1996/2352, art. 2(3); S.I. 1996/2842, art.4

F80 9 The quorum of the Board shall be nine, of whom at least four shall be elected members and at least four shall be appointed members.

Textual Amendments

F80 First Schedule substituted (1.4.1997 with effect as mentioned in Sch. 2 Pt. III para. 21 of the amending Act and S.I. 1996/2352, art. 2(3)) by 1996 c. 53, ss. 118(4), 125, Sch. 2 Pt.I, III; S.I. 1996/2352, art. 2(3); S.I. 1996/2842, art.4

F81 10 The Board may make rules governing its meetings and procedure.

Textual Amendments

F81 First Schedule substituted (1.4.1997 with effect as mentioned in Sch. 2 Pt. III para. 21 of the amending Act and S.I. 1996/2352, art. 2(3)) by 1996 c. 53, ss. 118(4), 125, Sch. 2 Pt.I, III; S.I. 1996/2352, art. 2(3); S.I. 1996/2842, art.4

F82 Part II U.K. the professional conduct committee

Textual Amendments

F82 First Schedule substituted (1.4.1997 with effect as mentioned in Sch. 2 Pt. III para. 21 of the amending Act and S.I. 1996/2352, art. 2(3)) by 1996 c. 53, ss. 118(4), 125, Sch. 2 Pt.I, III; S.I. 1996/2352, art. 2(3); S.I. 1996/2842, art.4

F83 11 The Professional Conduct Committee shall consist of—

(a) four elected members of the Board, including at least one whose address in the Register is in Scotland, or (if there is no elected member whose address in the Register is in Scotland or no such elected member who is willing to act) three elected members and one registered person whose address in the Register is in Scotland;

(b) three appointed members of the Board; and

(c) two persons nominated by the President of the Law Society.

Textual Amendments

F83 First Schedule substituted (1.4.1997 with effect as mentioned in Sch. 2 Pt. III para. 21 of the amending Act and S.I. 1996/2352, art. 2(3)) by 1996 c. 53, ss. 118(4), 125, Sch. 2 Pt.I, III; S.I. 1996/2352, art. 2(3); S.I. 1996/2842, art.4

F84 12 (1) The members of the Professional Conduct Committee shall elect a chairman from among themselves.

(2) The chairman—

(a) may resign by notice in writing addressed to the Registrar; and

(b) may be removed by a majority vote of the other members of the Professional Conduct Committee.

(3) Rules made by the Board may make provision for the appointment of a person to act as chairman in the event of a vacancy in the office of chairman or in such other circumstances as may be prescribed.

Textual Amendments

F84 First Schedule substituted (1.4.1997 with effect as mentioned in Sch. 2 Pt. III para. 21 of the amending Act and S.I. 1996/2352, art. 2(3)) by 1996 c. 53, ss. 118(4), 125, Sch. 2 Pt.I, III; S.I. 1996/2352, art. 2(3); S.I. 1996/2842, art.4

F85 13 (1) The quorum of the Professional Conduct Committee shall be one elected member of the Board, one appointed member of the Board and one person nominated by the President of the Law Society.

(2) Where the Committee is considering the case of a person whose address in the Register is in Scotland, the Committee is not quorate unless there is present a member of the Committee who is a registered person and whose address in the Register is in Scotland.

Textual Amendments

F85 First Schedule substituted (1.4.1997 with effect as mentioned in Sch. 2 Pt. III para. 21 of the amending Act and S.I. 1996/2352, art. 2(3)) by 1996 c. 53, ss. 118(4), 125, Sch. 2 Pt.I, III; S.I. 1996/2352, art. 2(3); S.I. 1996/2842, art.4

F86 14 In the event of a tie in any vote of the Professional Conduct Committee the chairman shall have an additional casting vote; and in any proceedings relating to a registered person the additional vote shall be cast in favour of that person.

Textual Amendments

F86 First Schedule substituted (1.4.1997 with effect as mentioned in Sch. 2 Pt. III para. 21 of the amending Act and S.I. 1996/2352, art. 2(3)) by 1996 c. 53, ss. 118(4), 125, Sch. 2 Pt.I, III; S.I. 1996/2352, art. 2(3); S.I. 1996/2842, art.4

F87 15 The Board may make rules governing the selection and term of office of members of the Professional Conduct Committee (including casual vacancies).

Textual Amendments

F87 First Schedule substituted (1.4.1997 with effect as mentioned in Sch. 2 Pt. III para. 21 of the amending Act and S.I. 1996/2352, art. 2(3)) by 1996 c. 53, ss. 118(4), 125, Sch. 2 Pt.I, III; S.I. 1996/2352, art. 2(3); S.I. 1996/2842, art.4

F88 Part III U.K. other committees

Textual Amendments

F88 First Schedule substituted (1.4.1997 with effect as mentioned in Sch. 2 Pt. III para. 21 of the amending Act and S.I. 1996/2352, art. 2(3)) by 1996 c. 53, ss. 118(4), 125, Sch. 2 Pt.I, III; S.I. 1996/2352, art. 2(3); S.I. 1996/2842, art.4

F89 16 The Board may establish such committees as it considers appropriate to discharge any of its functions under this Act other than—

(a) prescribing fees under section 6(4), 6A(1A), 6B(1) or (3) or 7ZD(4); or

(b) acting under section 6(1), (2) or (5), 6A(1) or (1B), 6C(1) or 7ZE(1), (2) or (3),

or to assist the Board in the discharge by the Board of any of its functions.

Textual Amendments

F89 First Schedule substituted (1.4.1997 with effect as mentioned in Sch. 2 Pt. III para. 21 of the amending Act and S.I. 1996/2352, art. 2(3)) by 1996 c. 53, ss. 118(4), 125, Sch. 2 Pt.I, III; S.I. 1996/2352, art. 2(3); S.I. 1996/2842, art.4

F90 17 (1) Any committee established by the Board may include persons who are not members of the Board; but if a committee is established to discharge any function of the Board, the majority of the members of the committee must be members of the Board.

(2) Subject to that, the membership of any committee established by the Board shall be determined by the Board.

Textual Amendments

F90 First Schedule substituted (1.4.1997 with effect as mentioned in Sch. 2 Pt. III para. 21 of the amending Act and S.I. 1996/2352, art. 2(3)) by 1996 c. 53, ss. 118(4), 125, Sch. 2 Pt.I, III; S.I. 1996/2352, art. 2(3); S.I. 1996/2842, art.4

F91 18 No vote of any committee established by the Board for the discharge of any of its functions shall be valid unless the majority of those voting are members of the Board.

Textual Amendments

F91 First Schedule substituted (1.4.1997 with effect as mentioned in Sch. 2 Pt. III para. 21 of the amending Act and S.I. 1996/2352, art. 2(3)) by 1996 c. 53, ss. 118(4), 125, Sch. 2 Pt.I, III; S.I. 1996/2352, art. 2(3); S.I. 1996/2842, art.4

F92 19 The Board may make rules governing the term of office of members of any committee established by the Board (including casual vacancies) and the meetings and procedure (including chairmanship and quorum) of any committee established by the Board.

Textual Amendments

F92 First Schedule substituted (1.4.1997 with effect as mentioned in Sch. 2 Pt. III para. 21 of the amending Act and S.I. 1996/2352, art. 2(3)) by 1996 c. 53, ss. 118(4), 125, Sch. 2 Pt.I, III; S.I. 1996/2352, art. 2(3); S.I. 1996/2842, art.4

F93 Part IV U.K. general

Textual Amendments

F93 First Schedule substituted (1.4.1997 with effect as mentioned in Sch. 2 Pt. III para. 21 of the amending Act and S.I. 1996/2352, art. 2(3)) by 1996 c. 53, ss. 118(4), 125, Sch. 2 Pt.I, III; S.I. 1996/2352, art. 2(3); S.I. 1996/2842, art.4

F94 20 (1) The Board, the Professional Conduct Committee and any committee established by the Board may exercise its functions even though there is a vacancy among its members.

(2) No proceedings of the Board, the Professional Conduct Committee or any committee established by the Board are invalidated by any defect in the election or appointment of a member.

Textual Amendments

F94 First Schedule substituted (1.4.1997 with effect as mentioned in Sch. 2 Pt. III para. 21 of the amending Act and S.I. 1996/2352, art. 2(3)) by 1996 c. 53, ss. 118(4), 125, Sch. 2 Pt.I, III; S.I. 1996/2352, art. 2(3); S.I. 1996/2842, art.4

F95 21 The Board may by rules provide for the payment to members of the Board, the Professional Conduct Committee or any committee established by the Board of—

(a) fees for attendance at meetings of the Board or committee; and

(b) travelling .and subsistence allowances in respect of attendance at such meetings or the conduct of business of the Board or committee.

Textual Amendments

F95 First Schedule substituted (1.4.1997 with effect as mentioned in Sch. 2 Pt. III para. 21 of the amending Act and S.I. 1996/2352, art. 2(3)) by 1996 c. 53, ss. 118(4), 125, Sch. 2 Pt.I, III; S.I. 1996/2352, art. 2(3); S.I. 1996/2842, art.4

F96 22 (1) The Secretary of State may, after consultation with the Board and such other persons or bodies as he thinks fit, by order amend the provisions of this Schedule.

(2) An order under sub-paragraph (1) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Textual Amendments

F96 First Schedule substituted (1.4.1997 with effect as mentioned in Sch. 2 Pt. III para. 21 of the amending Act and S.I. 1996/2352, art. 2(3)) by 1996 c. 53, ss. 118(4), 125, Sch. 2 Pt.I, III; S.I. 1996/2352, art. 2(3); S.I. 1996/2842, art.4

F97 SECOND SCHEDULE U.K.

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

Textual Amendments

F97 Second Schedule repealed (1.4.1997) by 1996 c. 53, s. 147, Sch. 3 Pt.II; S.I. 1996/2842, art.4

F100 THIRD SCHEDULE U.K.

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

Textual Amendments

F100 Third Schedule repealed (1.4.1997) by 1996 c. 53, s. 147, Sch. 3 Pt.II; S.I. 1996/2842, art.4

Section 6A]

[F102 FOURTH SCHEDULE U.K. EUROPEAN COMMUNITY QUALIFICATIONS IN ARCHITECTURE

Textual Amendments

F102 Schs. 4, 5 inserted by S.I. 1987/1824, art. 6, Sch. and substituted by S.I. 1988/2241 art. 2 Sch. (art. 3 revoking the said art. 6 and Sch. of S.I. 1987/1824)

PART I U.K.

Belgium U.K.

1 The diplomas awarded by the higher national schools of architecture or the higher national institutes of architecture (architecte-architect).

2 The diplomas awarded by the Higher Provincial School of architecture at Hasselt (architect).

3 The diplomas awarded by the Royal Academies of Fine Arts (architecte-architect).

4 The diplomas awarded by the “écoles Saint-Luc” (architecte-architect).

5 The civil engineering/architecture diplomas and architecture/engineering diplomas awarded by the faculties of applied sciences of the universities and by the Polytechnic Faculty of Mons (ingénieur-architecte, ingenieur-architect).

Denmark U.K.

The diplomas awarded by the School of Architecture of the Copenhagen Academy of Fine Arts and the Aarhus School of Architecture (arkitekt cand. arch.).

France U.K.

1 The Government diploma of architect awarded by the Minister responsible for architecture (diplome d’architecte DPLG).

2 The diploma of architect awarded by the Special School of Architecture in Paris (diplome d’architecte ESA).

3 The diploma of architect awarded by the Higher National School of Art and Industry in Strasbourg, architecture department (diplome d’architecte ENSAIS).

Germany U.K.

1 The diplomas (Diplom-Ingenieur, Diplom-Ingenieur Univ.) awarded by architecture departments of the universities (Architektur/ Hochbau), the architecture departments of the Technische Hochschulen (Architektur/Hochbau), the architecture departments of the technical universities (Architektur/Hochbau), the architecture departments of Gesamthochschulen (Architektur/Hochbau), higher institutes of arts and higher institutes of fine arts.

2 The diplomas (Diplom-Ingenieur, Diplom-Ingenieur FH) awarded by the architecture departments of the Fachhochschulen (Architektur/Hochbau) and by the architecture departments of Gesamthochschulen (Architektur/Hochbau) insofar as the training corresponds to that given in the Fachhochschulen where the period of study is not less than four years.

Ireland U.K.

1 The degree of Bachelor of Architecture awarded by the National University of Ireland (B.Arch.(NUI)) to architecture graduates of University College, Dublin.

2 The diploma of degree standard in architecture awarded by the College of Technology, Bolton Street, Dublin (Dip.Arch).

3 The certificate of associateship of the Royal Institute of Architects of Ireland (ARIAI).

4 The certificate of membership of the Royal Institute of Architects of Ireland (MRIAI).

Italy U.K.

The diplomas of graduate in architecture (laurea in architettura) awarded by the universities of Chieti, Florence, Genoa, Naples, Palermo, Reggio Calabria and Rome La Sapienza, by the Polytechnic Institutes of Milan and Turin, and by the University Institute of Architecture of Venice, accompanied in each case by a diploma admitting the holder to the self-employed exercise of the profession, awarded by the Minister of Education after the candidate has passed the State examination before a competent examining board.

Netherlands U.K.

1 The certificate attesting success in the examination as graduate in architecture studies in the department of architecture studies (studierichting bouwkunde, afstudeerrichting architectuur) at the Technical University of Delft.

2 The certificate attesting success in the examination as graduate in architecture studies in the department of architecture and urban studies (studierichting bouwkunde, differentiatie architectuur en urbanistiek) at the Technical University of Eindhoven.

3 The certificate of higher vocational education awarded after successfully passing the examination at the end of second level of training for professions in the area of architecture held by the State examining committees at:

—Amsterdamse Hogeschool der Kunsten in Amsterdam,

—Hogeschool voor Beroepsonderwijs Rotterdam en omgeving in Rotterdam,

—Hogeschool Katholieke Leergangen in Tilburg,

—Hogeschool voor de Kunsten in Arnhem,

—Rijkshogeschool Groningen in Groningen,

—Rijkshogeschool Maastricht in Maastricht,

accompanied in each case by a declaration by the Office of the Architects’ Register (Stichting Bureau Architectenregister) attesting that the training corresponds to the criteria laid down in Articles 3 and 4 of the Directive.

Portugal U.K.

The Diploma as graduate in architecture (carto de curso de licenciatura em arquitectura) awarded by the faculty of architecture of the Technical University of Lisbon and the faculty of architecture of the University of Porto.

Spain U.K.

The official title of architect (titulo official de Arquitecto) awarded by the rector of one of the following establishments:

—the Polytechnic University (technical university) of Catalonia, higher technical schools of architecture of Barcelona o Del Valles;

—the Polytechnic University of Madrid, the Higher Technical School of Architecture of Madrid;

—the Polytechnic University of Las Palmas, the Higher Technical School of Architecture of Las Palmas;

—the Polytechnic University of Valencia, the Higher Technical School of Architecture of Valencia;

—the University of Seville, the Higher Technical School of Architecture of Seville;

—the University of Valladolid, the Higher Technical School of Architecture of Valladolid;

—the University of Santiago de Compostela, the Higher Technical School of Architecture of La Coruna;

—the University of the Pais Vasco, the Higher Technical School of Architecture of San Sebastian;

—the University of Navarra, the Higher Technical School of Architecture of Pamplona.

PART II U.K. SPECIAL PROVISION FOR GERMANY

The diplomas (diplom-Ingenieur FH) awarded by the architecture departments of the Fachhochschulen (Architektur/Hochbau) and by the architecture departments of Gesamthochschulen (Architektur/ Hochbau) insofar as the training corresponds to that given in the Fachhochschulen where the period of study leading to that diploma is less than four years but at least three years.

FIFTH SCHEDULE U.K. ESTABLISHED EUROPEAN COMMUNITY RIGHTS

PART I U.K.

Belgium U.K.

1 The diplomas awarded by the higher national schools of architecture or the higher national institutes of architecture (architecte-architect).

2 The diplomas awarded by the Higher Provincial School of Architecture at Hasselt (architect).

3 The diplomas awarded by the Royal Academies of Fine Arts (architecte-architect).

4 The diplomas awarded by the “écoles Saint-Luc” (architecte-architect).

5 University diplomas in civil engineering, accompanied by a traineeship certificate awarded by the association of architects entitling the holder to hold the professional title of architect (architecte-architect).

6 The diplomas in architecture awarded by the central or State examining board for architecture (architecte-architect).

7 The civil engineering/architecture diplomas and architecture/engineering diplomas awarded by the faculties of applied sciences of the universities and by the Polytechnic Faculty of Mons (ingénieur-architecte, ingenieur-architect).

Denmark U.K.

1 The diplomas awarded by the National Schools of Architecture in Copenhagen and Aarhus (arkitekt).

2 The certificate of registration issued by the Board of Architects pursuant to Law No. 202 of 28th May 1975 (registreret arkitekt).

3 Diplomas awarded by the Higher Schools of Civil Engineering (bygningskonstruktør), accompanied by a certificate from the competent authorities to the effect that the person concerned has passed a test of his formal qualifications in accordance with Article 13 of the Directive.

France U.K.

1 The Government architect’s diploma awarded by the Ministry of Education until 1959, and subsequently by the Ministry of Cultural Affairs (architecte DPLG).

2 The diplomas awarded by the ’Ecole spéciale “architecture” (architecte DESA).

3 The diplomas awarded since 1955 by the department of architecture of the “Ecole nationale supérieure des Arts et Industries de Strasbourg” (formerly the “Ecole nationale d’ingénieurs de Strasbourg”) (architecte ENSAIS).

Germany U.K.

1 The diplomas awarded by higher institutes of fine arts (Dipl.-Ing., Architekt (HfbK)).

2 The diplomas awarded by the departments of architecture (Architektur/Hochbau) of “Technische Hochschulen”, of technical universities, of universities and, insofar as these institutions have been merged into “Gesamthochschulen”, of “Gesamthochschulen” (Dipl.-Ing., and any other title which may be laid down later for holders of these diplomas).

3 The diplomas awarded by the departments of architecture (Arkitechtur/Hochbau) of “Fachhochschulen” and, insofar as these institutions have been merged into “Gesamthochschulen”, by the departments of architecture (Architektur/Hochbau) of “Gesamthochschulen”, where the period of study leading to that diploma is at least four years (Ingenieur grad. and any other title which may be laid down later for holders of these diplomas).

4 The diplomas (Prüfungszeugnisse) awarded before 1st January 1973 by the departments of architecture of “Ingenieurschulen” and of “Werkkunstschulen”, accompanied by a certificate from the competent authorities to the effect that the person concerned has passed a test of his formal qualifications in accordance with Article 13 of the Directive.

Greece U.K.

1 The engineering/architecture diplomas awarded by the METSOVION POLYTECHNION of Athens, together with a certificate issued by Greece’s Technical Chamber conferring the right to pursue activities in the field of architecture.

2 The engineering/architecture diplomas awarded by the ARISTOTELION PANEPISTIMION of Thessaloniki, together with a certificate issued by Greece’s Technical Chamber conferring the right to pursue activities in the field of architecture.

3 The engineering/civil engineering diplomas awarded by the METSOVION POLYTECHNION of Athens, together with a certificate issued by Greece’s Technical Chamber conferring the right to pursue activities in the field of architecture.

4 The engineering/civil engineering diplomas awarded by the ARISTOTELION PANEPISTIMION of Thessaloniki, together with a certificate issued by Greece’s Technical Chamber conferring the right to pursue activities in the field of architecture.

5 The engineering/civil engineering diplomas awarded by the PANEPISTIMION THRAKIS, together with a certificate issued by Greece’s Technical Chamber conferring the right to pursue activities in the field of architecture.

6 The engineering/civil engineering diplomas awarded by the PANEPISTIMION PATRON, together with a certificate issued by Greece’s Technical Chamber conferring the right to pursue activities in the field of architecture.

Ireland U.K.

1 The degree of Bachelor of Architecture awarded by the National University of Ireland (B.Arch.(NUI)) to architecture graduates of University College, Dublin.

2 The diploma of degree standard in architecture awarded by the College of Technology, Bolton Street, Dublin (Dip Arch.).

3 The certificate of associateship of the Royal Institute of Architects of Ireland (ARIAI).

4 The certificate of membership of the Royal Institute of Architects of Ireland (MRIAI).

Italy U.K.

1 “Laurea in architettura” diplomas awarded by universities, polytechnic institutes and the higher institutes of architecture of Venice and Reggio Calabria, accompanied by the diploma entitling the holder to pursue independently the profession of architect, awarded by the Minister for Education after the candidate has passed before a competent board the State examination entitling him to pursue independently the profession of architect (dott. Architetto).

2 “Laurea in ingegneria” diplomas in building construction (“sezione costenzione civile”) awarded by universities and polytechnic institutes, accompanied by the diploma entitling the holder to pursue independently a profession in the field of architecture, awarded by the Minister for Education after the candidate has passed before a competent board the State examination entitling him to pursue the profession independently (dott. Ing. Architetto or dott. Ing. in ingegneria civile).

Netherlands U.K.

1 The certificate stating that its holder has passed the degree examination in architecture awarded by the departments of architecture of the technical colleges of Delft or Eindhoven (bouwkundig ingenieur).

2 The diplomas awarded by State-recognised architectural academies (architect).

3 The diplomas awarded until 1971 by the former architectural colleges (Hoger Bouwkunstonderricht) (architect HBO).

4 The diplomas awarded until 1970 by the former architectural colleges (Voortgezet Bouwkunstonderricht) (architect VBO).

5 The certificate stating that the person concerned has passed an examination organised by the Architects Council of the “Bond van Nederlandse Architecten” (Order of Dutch Architects, BNA) (architect).

6 The diploma of the “Stichting Instituut voor Architectuur” (“Institute of Architecture” Foundation) (IVA) awarded on completion of a course organised by this foundation and extending over a minimum period of four years (architect), accompanied by a certificate from the competent authorities to the effect that the person concerned has passed a test of his formal qualifications in accordance with Article 13 of the Directive.

7 A certificate issued by the competent authorities to the effect that, before 5th August 1985 the person concerned passed the degree examination of “Kandidaat in de bouwkunde” organised by the technical colleges of Delft or Eindhoven and that, over a period of at least five years immediately prior to that date, he pursued architectural activities the nature and importance of which, in accordance with Netherlands requirements, guarantee that he is competent to pursue those activities (architect).

8 A certificate issued by the competent authorities only to persons who have reached the age of 40 years before 5th August 1985 certifying that, over a period of at least five years immediately prior to that date, the person concerned had pursued architectural activities the nature and importance of which, in accordance with Netherlands requirements, guarantee that he is competent to pursue those activities (architect).

Note

The certificates referred to in paragraphs 7 and 8 need no longer be recognised as from the date of entry into force of laws and regulations in the Netherlands governing the taking up and pursuit of architectural activities under the professional title of architect, in so far as under such provisions those certificates do not authorise the taking up of such activities under that professional title.

Portugal U.K.

1 The Diploma “diploma do curso especial de arquitectura” awarded by the Schools of Fine Arts of Lisbon and of Porto.

2 The Architects Diploma “diploma de arquitecto” awarded by the Schools of Fine Arts of Lisbon and of Porto.

3 The Diploma “diploma do curso de arquitectura” awarded by the Higher Schools of Fine Arts of Lisbon and Porto.

4 The Diploma “diploma de licenciatura em arquitectura” awarded by the Higher School of Fine Arts of Lisbon.

5 The Diploma “carta de curso de licenciatura em arquitectura” awarded by the Technical University of Lisbon and the University of Porto.

6 The university diploma in civil engineering awarded by the Higher Technical Institute of the Technical University of Lisbon (Licenciatura em engenharia civil).

7 The university diploma in civil engineering awarded by the Faculty of Science and Technology of the University of Porto (Licenciatura em engenharia civil).

8 The university diploma in civil engineering awarded by the Faculty of Science and Technology of the University of Coimbra (Licenciatura em engenharia civil).

9 The university diploma in civil engineering (production) awarded by the University of Minho (Licenciatura em engenharia civil (produção)).

Spain U.K.

The official formal qualification of an architect (titulo oficial de arquitecto) awarded by the Ministry of Education and Science or by the universities.

PART II U.K. SPECIAL PROVISIONS FOR GERMANY

The diplomas awarded by the departments of architecture (Architektur/Hochbau) of “Fachhochschulen” and, insofar as these institutions have been merged into “Gesamthochschulen”, by the departments of architecture (Architektur/Hochbau) of “Gesamthochschulen”, where the period of study leading to that diploma is less than four years but at least three years (Ingenieur grad. and any other title which may be laid down later for holders of these diplomas).