Contents

- Judicial interpretation relating to Part III : some useful guidance on the meaning of "standards", "serious" and "unacceptable".

- Discipline and questionable PCC decisions : powers, duties and criticisms of the PCC.

- Case Study 1 : procedural irregularities and two perverse decisions in consideration of charges brought under Code Standard 8.

- Case Study 2 (Part 1) : a similar case, involving the apprehension of a real possibility of bias.

- Case Study 2 (continued - Part 2) : the PCC decide – and a question of incongruity arises. 

- Note on Part III of the Architects Act 1997.

- Case Study 2 (continued - Part 3) - QC advises that the architect has an obvious and complete defence.

- Case Study 2 (continued - Part 4) - "Judicial nonsense".

- Case Study 2 (continued - Part 5) - A Court decision in favour of the architect.

- Case Study 2 (continued - Parts 6, 7 and 8) - (6) The Court rules architect's application for judicial review "plainly justified" - 14 October 2008; (7) the case is remitted by Consent Order of the High Court - 21 August 2009; and (8) the proceedings are withdrawn - 7 April 2010.

- Case Study 2 (continued - Parts 9 and 10) - Report on outcome of proceedings.

- Case Study 2 (continued - Part 11) - How the Board deals with the result.

 Case Study 2 (continued - Part 12) - ARB misclaims "new evidence".

 Case Study 2 (continued - Part 13) - New Guidance - December 2010.

Judicial interpretation relating to Part III

Sanctions are available to the board under Part III of the Act against any person on the register who is found guilty under section 15 of unacceptable professional conduct or serious professional incompetence, or else has been convicted with a criminal offence which has relevance to fitness to practise. 

Although a criminal conviction is an objective criterion, no statutory definition is given that defines the level of professional conduct or incompetence that will attract a sanction, judgment in the matter being given to the board's Professional Conduct Committee.

The PCC is constituted under the Act, Schedule 1 Part II, as amended.  The Committee includes members of the board, both elected and appointed, as well as persons appointed by the board and nominees of the President of the Law Society.  A bare quorum of the Committee meets for a disciplinary hearing, comprising a nominee of the President of the Law Society (invariably a solicitor), a person from the register and another not on the register.  PCC members are paid for their service.

In 2005 a case presented by the Board against an architect in private practice was heard by the PCC and then by the High Court on appeal, when some authoritative guidance on the meaning of the Act was given.  (See AARUK note.)

[ top]