The Architects Act 1997 (Amendment) Order 2016

Statutory Instruments

2016 No. 1088

Architects

The Architects Act 1997 (Amendment) Order 2016

Made

14th November 2016

Laid before Parliament

17th November 2016

Coming into force

9th December 2016

The Secretary of State is a Minister designated M1 for the purposes of section 2(2) of the European Communities Act 1972 M2 , in relation to the recognition of higher-education diplomas, formal qualifications, or experience in the occupation, required for the pursuit of professions or occupations.

The Secretary of State makes the following Order in exercise of the powers conferred under section 2(2) of the European Communities Act 1972.

Marginal Citations

M1 S.I. 2002/248.

M2 1972 c.68. Section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c.51) and by Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c.7).

Citation and commencement U.K.

1.  This Order may be cited as the Architects Act 1997 (Amendment) Order 2016 and comes into force on 9th December 2016.

Amendments to the Architects Act 1997 U.K.

2.—(1) The Architects Act 1997 M3 is amended in accordance with the following paragraphs.

(2) In section 4(2A)(c) (registration in Part 1 of the Register: general)—

(a) in paragraph (i) for “regulation 3(9)(a), (b), (c) or (e) of the European Communities (Recognition of Professional Qualifications) Regulations 2007” substitute “ regulation 3(8)(a), (b), (c) or (e) of the European Union (Recognition of Professional Qualifications) Regulations 2015 M4 ”; and

(b) in paragraph (ii)—

(i) for “regulations 20 to 26” substitute “ regulations 27 to 34 ”; and

(ii) for “regulation 3(4)” substitute “ regulation 3(5) ”.

(3) In section 4A(1) (registration in Part 1 of the Register: European qualifications)—

(a) in paragraph (c) for “paragraph 1 of Article 47” substitute “ paragraph 3 of Article 49 ”;

(b) in paragraph (d)—

(i) omit “paragraph 2 of”,

(ii) in sub-paragraph (i) for “that paragraph” substitute “ Article 47 of the Directive ”, and

(iii) in sub-paragraph (ii) for “paragraph” substitute “ Article ”; and

(c) in paragraph (e)—

(i) for “paragraph 1” substitute “ paragraphs 1 and 1a ”, and

(ii) for “Annex VI” substitute “ Annexes V and VI ”.

(4) In section 6(2A) (registration: further procedural requirements)—

(a) for “regulation 25(1)(b) of the European Communities (Recognition of Professional Qualifications) Regulations 2007” substitute “ regulation 32(1)(b) of the European Union (Recognition of Professional Qualifications) Regulations 2015 ”; and

(b) for “regulation 25(3)(b)” substitute “ regulation 32(3)(a) ”.

Marginal Citations

M3 1997 c.22. Section 4(2A) was inserted by articles 2 and 3 of S.I. 2002/2842 and substituted by articles 2 and 6(1)(c) of S.I. 2008/1331. Section 4A was substituted for section 5 as originally enacted by articles 2 and 7 of S.I. 2008/1331. Section 6(2A) was inserted by articles 2 and 9(b) of S.I. 2008/1331. There are other amendments, but none is relevant to this instrument.

M4 S.I. 2015/2059.

Signed by authority of the Secretary of State for Communities and Local Government

Gavin Barwell

Minister of State

Department for Communities and Local Government

14th November 2016

Explanatory Note

(This note is not part of the Order)

This Order amends the Architects Act 1997 (“the Act”) to update references to Directive 2005/36/EC on the recognition of professional qualifications (OJ L 255, 30.9.2005, p.22) (“the principal Directive”), last amended by Directive 2013/55/EU amending Council Directive 2005/36/EC on the recognition of professional qualifications and Regulation (EU) No 1024/2012 on administrative cooperation through the Internal Market Information System (OJ L 354, 28.12.2013, p.132) (“the 2013 Directive”), and to the United Kingdom regulations that implement the principal Directive. The regulations in question are the European Communities (Recognition of Professional Qualifications) Regulations 2007 (S.I. 2007/2781) (“the 2007 Regulations”), which are now revoked and replaced by the European Union (Recognition of Professional Qualifications) Regulations 2015 (S.I. 2015/2059) (“the 2015 Regulations”). The 2015 Regulations implemented the amendments to the principal Directive made by the 2013 Directive.

The amendments to the Act are in article 2. Article 2(2) and (4) replaces references to provisions of the 2007 Regulations with references to the equivalent provisions in the 2015 Regulations. Article 2(3) amends references to provisions of the principal Directive in accordance with changes made by the 2013 Directive. Those changes reorder and update certain references to the recognition of various qualifications recognised in other member states of the European Union.

An impact assessment has not been prepared for this Order, as it has no impact, or minimal impact, on the public, private or voluntary sector.