The cost of registration - A comparison is made between the increase in retention fees over 10 years and the cost of living, with references to Government policy.

The amendment to the Architects Act of June 2008 - giving an appraisal of the statutory regulations and describing the predicted early consequence: an increase in the human resources retained by the Board.

Parliamentary written replies - describing how the cost of retention has been disproportionate to the number of those on the register.

Conflicts of Interest : s.4(2A) of the Architects Act 1997 (as amended June 2008)

Case Study 3, Part 2 - in the public interest?

Case Study 3, Part 3 - the European Commission takes a view that "the UK authorities have transposed Directive 2005/36/EC in an incorrect manner".

Case Study 3, Part 4 - an unsatisfactory reply from the Department of Communities and Local Government is criticised by the inquiring architect.

Case Study 3, Part 5 - the Commission writes formally to the United Kingdom.

Case Study 3, Part 6 - a credibility gap emerges?

Case Study 3, Part 7 - New UK Regulations, but is the Directive itself lawful?


Case Study 3, Part 7 (16 September 2011)

Two years on from the original correspondence with the EC, the United Kingdom has finally yielded and issued new Regulations under S.I. 2011 No 2008.  Subsection (2A) of section 4 now no longer requires EC candidates for registration in the United Kingdom to produce evidence of lawful establishment or eligibility to practise in their home Member State.

The Explanatory Note that is attached to the Statutory Instrument raises a concern.  It is understandable that no mention is made of the necessity to amend the Act for the sake of compliance with the EC Directive.  But the reason given to explain the necessity for the amending legislation is: “Since Annex V now lists for each Member State all the qualifications (including practical experience) required to gain access to the profession, these additional requirements of lawful establishment and eligibility to practise are not necessary in order to ensure automatic recognition”. 

Under paragraph 7 (reference Annex V of the Directive 2005/36/EC, point 5.7.1), column 4, for all years from 2006 to 2010 reference is made to “An Architects registration Board Part 3 Certificate of Architectural Education” as being, presumably, sufficient to establish title of architect when it accompanies the formal qualifications listed in columns 2 and 3.  As yet it is not at all clear that the Architects Registration Board have the statutory authority to issue such certificates under the provisions of the Architects Act.

Furthermore, in an Evaluation of the Professional Qualifications Directive 2005/36/EC, the Netherlands said:

"We would also like to make a remark about (the status of) Annex V.7 of the Directive. This Annex is more or less copied from the "List of diplomas in Architecture which are the object of mutual recognition by the Member States", drawn up pursuant to Article 7 of Directive 85/384/EEC.  There is an important difference however.  Where the List of Article 7 of Directive 85/384/EEC is dealing with diplomas only, Annex V.7, especially by the way column 4 is going to be filled in by the Member States, is developing into a list of requirements that a national of a home Member State must meet before he or she is considered a "fully qualified architect".  In Directive 2005/36/EU we see no legal basis however for this status of Annex V.7 (column 4)."

An inquiry has now been made to the EC Director General, Internal Market and Services for his observations on these comments.

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