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The Architects Act 1997 (Amendment) Regulations 2023
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- UK Statutory Instruments
- 2023 No. 50
- Explanatory Note
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EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations amend the Architects Act 1997 (“the Act”) (c. 22) to remove retained EU law and to allow the Architects Registration Board (“the Board”) to enter into regulator recognition agreements.
Regulation 2 inserts new section 1AA into the Act which authorises the Board to enter into regulator recognition agreements. The phrase ‘regulator recognition agreement’ is defined by section 4 of the Professional Qualifications Act 2022 (c. 20) and means an agreement between a UK regulator of a profession and the overseas regulator of a corresponding profession which is about the recognition of professional qualifications or experience.
Regulation 3 removes section 4(2A) and (4A) from the Act. These were the provisions that gave effect to the EU system of mutual recognition of professional qualifications in relation to architects by providing that if a person had the qualifications and experience necessary to practice architecture in EEA states or Switzerland, they could register with the Board and practice in the UK. The regulation also removes related provisions in Part 2 of the Act. For example it omits section 6A(1)(a) which allowed the Board to confirm that a person’s training met minimum EU standards. It also omits section 10 from the Act which made provision about persons who were disqualified as architects in EEA states or Switzerland.
Regulation 4 makes amendments to Part 5 of the Act in consequence of the removal of the automatic recognition of EEA and Swiss qualifications.
Regulation 5 provides that the amendments made by these Regulations do not apply to an application for registration made in reliance of section 4(2A) before regulation 5 comes into force. For those applications, the Act applies without the amendments made by these Regulations.
A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.
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