Architects Registration Act 1938 (repealed 21.7.1997)

Architects Registration Act 1938

1938 CHAPTER 54 1 and 2 Geo 6

An Act to restrict the use of the name Architect to Registered Architects and to extend the time within which practising architects may apply for registration.

[29th July 1938]

Extent Information

E1 Act extends to Northern Ireland from 1.4.1997 by 1996 c. 53, s. 125, Sch. 2 Pt. II para. 16; S.I. 1996/2842, art. 4

E2 For the extent of this Act see s. 6(1)

Modifications etc. (not altering text)

C1 Act extended (N.I.) by S.R. & O. 1938/1572 (Rev. II, p. 761: 1938 II, p. 329)

C2 Words of enactment omitted under authority of Statute Law Revision Act 1948 (c. 62), s. 3

1 Use of title “Architect.” U.K.

(1) Subject to the provisions of this Act, a person shall not practise or carry on business under any name, style or title containing the word “Architect” unless he is a person registered under the principal Act:

Provided that nothing in this section shall affect—

(a) the use of the designation “Naval architect,” “Landscape architect” or “Golf-course architect,” or

(b) the validity of any building contract in customary form; . . . F1

[F2 (1A) In this Act (and in section 17 of the principal Act) “business” includes any undertaking which is carried on for gain or reward or in the course of which services are provided otherwise than free of charge.]

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

(3) For F4 . . . the words “Registered Architect” in section seventeen of that Act, there shall be F4 . . . substituted F4 . . . and the word “Architect.”

(4)—(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

Textual Amendments

F1 Words repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. VII

F2 S. 1(1A) inserted (1.4.1997) by 1996 c. 53, s. 123(1), Sch. 2 Pt. II paras. 31, 34(2); S.I. 1996/2842, art.4

F3 S. 1(2) repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. VII

F4 Words in s. 1 repealed (1.4.1997) by 1996 c. 53, s. 147, Sch. 3 Pt.II; S.I. 1996/2842, art.4

F5 S. 1 (4)(5) repealed by Statute Law Revision Act 1950 (c. 6)

Modifications etc. (not altering text)

C3 The text of s. 1(3) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

[F6 1A Visiting EEC architects. U.K.

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

(2) Before so practising or carrying on business the person concerned shall supply to the [F7 Registrar]—

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

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

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

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

(3) Where a person complies with the requirements of subsection (2), the [F7 Registrar] shall enrol his name on the list of visiting EEC architects maintained for the purposes of this section for such period or periods and in respect of such services as [F8 the Registrar considers] appropriate having regard to the particulars given in the declaration referred to in subsection (2)(a).

(4) The [F7 Registrar] shall maintain, for the purposes of this section, in addition to the Register, a list of the names of visiting EEC architects enrolled from time to time under this section, with their qualifications and the periods for which and the services in respect of which their respective enrolments are effective; and the [F7 Registrar] shall permit any person to inspect the list during normal working hours.

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

(6) A person shall not be enrolled as a visiting EEC architect at a time [F9 when—

(a) he is subject to a disqualifying decision in another member State;

(b) his name has been removed from the Register pursuant to a suspension order or an erasure order and has not been re-entered; or

(c) he is required under section 6C(1) of the principal Act to satisfy the Board of his competence to practise but has not done so.]

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

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

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

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

(8) [F10 The provisions of, and of rules under, the principal Act relating to] disciplinary proceedings shall apply to a person who is or has been enrolled under this section as a visiting EEC architect as if that person had been registered under section 6 of that Act, and references to the Register and registration under this Act shall be construed accordingly.

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

Textual Amendments

F6 S. 1A inserted by S.I. 1987/1824, art. 8

F7 Words in s. 1A(2)-(4) substituted (1.4.1997) by 1996 c. 53, s. 125, Sch. 2 Pt. II para. 14(2); S.I. 1996/2842, art.4

F8 Words in s. 1A(3) substituted (1.4.1997) by 1996 c. 53, s. 125, Sch. 2 Pt. II para. 14(3); S.I. 1996/2842, art.4

F9 Words in s. 1A(6) substituted (1.4.1997) by 1996 c. 53, s. 125, Sch. 2 Pt. II para. 14(4); S.I. 1996/2842, art.4

F10 Words in s. 1A(8) substituted (1.4.1997) by 1996 c. 53, s. 125, Sch. 2 Pt. II para. 14(5); S.I. 1996/2842, art.4

Modifications etc. (not altering text)

C4 S. 1A(6)(b) amended (1.4.1997) by 1996 c. 53, s. 125, Sch. 2 Pt. III para.30; S.I. 1996/2842, art.4

2 F11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F11 S. 2 repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. VII

3 Offences. U.K.

[F12 (1)]If any person contravenes the provisions of this Act, he shall be liable, on summary conviction, [F13 to a fine not exceeding level 4 on the standard scale:]

Provided that a person shall not be guilty of an offence by reason of the occurrence of such a contravention on any particular date, if he proves—

(a) in a case where the contravention is occasioned by the fact that an application on the part of the defendant for registration under the principal Act has not been granted, that notice of the decision F14 . . . not to grant the application had not been duly served under F14 . . . the principal Act before the said date; or

[F15 (b) in a case where the contravention is occasioned by the removal of the defendant’s name from the Register in circumstances in which notice is required to be served on him—

(i) that the notice had not been duly served before that date,

(ii) that the time for bringing an appeal against the removal had not expired at that date, or

(iii) that such an appeal had been duly brought, but had not been determined, before that date.]

[F16 (2) In relation to an offence under subsection (1)—

(a) section 127(1) of the M1 Magistrates’ Courts Act 1980 (information to be laid within six months of offence);

(b) Article 19(1) of the M2 Magistrates’ Courts (Northern Ireland) Order 1981 (complaint to be made within that time); and

(c) section 136(1) of the M3 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

F12 S. 3 renumbered as s. 3(1) (1.4.1997) by 1996 c. 53, s. 123(3), Sch. 2 paras. 31, 34(2); S.I. 1996/2842, art.4

F13 Words in s. 3 substituted (1.4.1997) by 1996 c. 53, s. 123(2), Sch. 2 para. 32; S.I. 1996/2842, art.4

F14 Words in s. 3 repealed (1.4.1997) by 1996 c. 53, ss. 125, 147, Sch. 2 Pt. II para. 15(a), Sch. 3 Pt.II; S.I. 1996/2842, art.4

F15 S. 3(1)(b) substituted (1.4.1997) for s. 3(1)(b)(c) by 1996 c. 53, s. 125, Sch. 2 Pt. II para. 15(b); S.I. 1996/2842, art.4

F16 S. 3(2) inserted (1.4.1997) by 1996 c. 53, s. 123(3), Sch. 2 paras. 31, 34(2); S.I. 1996/2842, art.4

Marginal Citations

M1 1980 c. 43.

M2 S.I. 1981/1675 (N.I. 26).

M3 1995 c. 46.

4 Interpretation. U.K.

(1) In this Act the expression “principal Act” means the M4 Architects (Registration) Act, 1931.

(2) A person shall not, for the purposes of the principal Act and this Act, be treated as not practising by reason only that he is in the employment of another person.

Marginal Citations

M4 1931 c. 33.

5 Short title, construction and citation. U.K.

(1) This Act may be cited as the Architects Registration Act, 1938.

(2) This Act shall be construed as one with the M5 Architects (Registration) Acts, 1931 M6 and 1934, and those Acts and this Act may be cited together as the Architects (Registration) [F17 Act 1931]

Textual Amendments

F17 Words in s. 5(2) substituted (1.4.1997) by 1996 c. 53, s. 125, Sch. 2 Pt. II para.16; S.I. 1996/2842, art.4

Marginal Citations

M5 1931 c. 33.

M6 1934 c. 38.

6 Application to Northern Ireland. U.K.

[F18 (1) This Act extends to Northern Ireland.]

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F19

Textual Amendments

F18 S. 6(1) substituted (1.4.1997) by 1996 c. 53, s. 125, Sch. 2 Pt. II para.17; S.I. 1996/2842, art.4

F19 S. 6(2) repealed by Northern Ireland Constitution Act 1973 (c. 36), Sch.6 Pt.I