Architects Act 1997
Note: This version of the statute is an unofficial
compilation of the Act and its amending instruments.
It should not be relied upon without
checking the official texts. Crown copyright, licenced reproduction.
1997 CHAPTER 22
An
Act to consolidate the enactments relating to architects.
[19th
March 1997]
Be it enacted by the
Queen’s most Excellent Majesty, by and with the advice and consent of the Lords
Spiritual and Temporal, and Commons, in this present Parliament assembled, and
by the authority of the same, as follows:—
Part I The Architects Registration Board
1 The Board
(1) There shall continue to be a body corporate known as
the Architects Registration Board.
(2) There shall continue to be a Professional Conduct
Committee of the Board.
(3) Part I of Schedule 1 makes provision about the
Board.
(4) Part II of that Schedule makes provision about the Professional
Conduct Committee.
(5) Part III of that Schedule gives the Board power to
establish other committees and makes provision about committees established by
the Board.
(6) Part IV of that Schedule makes general provision
about the Board and its committees.
1A Designation
of the Board as competent authority
(1) The Board is designated as the competent
authority in the
(2) The designation under subsection (1) does
not extend to the awarding of degrees, diplomas or other qualifications in
architecture.
(3) Accordingly, the Board shall in the
(4) The carrying-out of the following
functions in the
(a) the function of awarding degrees, diplomas or
other qualifications in architecture;
(b) any other mutual-recognition functions the
carrying out of which, so far as relating to architects, is entrusted to the
Board or any other person by or under any enactment other than this section.
(5) In this section “mutual-recognition
functions” means the functions specified in the Directive that a
Part II Registration etc.
The Registrar and the Register
2 The Registrar
(1) The Board shall appoint a person to be known as the
Registrar of Architects.
(2) The Board shall decide the period for which, and the
terms on which, the Registrar is appointed.
(3) The Registrar shall have the functions provided by
or by virtue of this Act and any other functions which the Board directs.
(3A) Where functions of a competent authority
under the Directive are exercised by the Registrar, he exercises them on behalf
of the Board
(4) The Board may, in addition to paying to the
Registrar a salary or fees, pay pensions to or in respect of him, or make
contributions to the payment of such pensions, and pay him allowances, expenses
and gratuities.
3 The Register
(1) The Registrar shall maintain the Register of
Architects in which there shall be entered the name of every person entitled to
be registered under this Act.
(1A) The Register shall consist of two Parts,
to be known as Part 1 and Part 2
(2) The Register shall show the regular business address
of each registered person.
(3) The Registrar shall make any necessary alterations
to the Register and, in particular, shall remove from the Register the name of
any registered person who has died or has applied in the prescribed manner
requesting the removal of his name.
(4) The Board shall publish the current version of the
Register annually and a copy of the most recently published version shall be
provided to any person who requests one on payment of a reasonable charge
decided by the Board.
(5) A copy of the Register purporting to be published by
the Board shall be evidence (and, in
(6) A certificate purporting to be signed by the
Registrar which states that a person—
(a) is registered;
(b) is not registered;
(c) was registered on a specified date or during a
specified period;
(d) was not registered on a specified date or during a
specified period; or
(e) has never been registered,
shall be evidence (and, in
Registration
4 Registration in
Part 1 of the Register: general
(1) A person who has applied to the Registrar in the
prescribed manner for registration in pursuance of this section is entitled to
be registered in Part 1 of the Register if—
(a) he holds such qualifications and has gained such
practical experience as may be prescribed; or
(b) he has a standard of competence which, in the
opinion of the Board, is equivalent to that demonstrated by satisfying
paragraph (a).
(2) The Board may require a person who applies for
registration on the ground that he satisfies subsection (1)(b) to pass a
prescribed examination in architecture.
(2A) For the purposes of subsection (1), a
Directive-rights national shall be treated as having achieved a standard of
competence equivalent to that demonstrated by satisfying subsection (1)(a) if—
(a) he produces evidence of a description specified
in section 4A(1) and he is either—
(i) lawfully established as an architect in the
relevant
(ii) eligible to practise as an architect in that
State, as confirmed by a competent authority in that State;
(b) he produces to the Registrar a certificate,
awarded by a relevant European state other than the United Kingdom, that
attests that Article 48(2) of the Directive (authorisation to use the title of
architect by reason of being especially distinguished by quality of work in the
field of architecture) applies to him; or
(c) he is a person—
(i) whose case falls within regulation 3(9)(a),
(b), (c) or (e) of the European Communities (Recognition of Professional
Qualifications) Regulations 2007,
(ii) to whom regulations 20 to 26 of those
Regulations apply by reason of operation of regulation 3(4) of those
Regulations, and
(iii) who is permitted to pursue the profession of
architect in the United Kingdom by virtue of Part 3 of those Regulations
(having, in particular, successfully passed any aptitude test that he may be
required to undertake pursuant to that Part of those Regulations
(3) Before prescribing—
(a) qualifications or practical experience for the
purposes of subsection (1)(a); or
(b) any examination for the purposes of subsection (2),
the Board shall consult the
bodies representative of architects which are incorporated by royal charter and
such other professional and educational bodies as it thinks appropriate.
(4) Where a person has duly applied for registration in
pursuance of this section—
(a) if the Registrar is satisfied that the person is
entitled to be registered in pursuance of this section, he shall enter his name
in Part 1 of the Register; but
(b) if the Registrar is not so satisfied, he shall refer
the application to the Board.
(5) The Registrar shall not consider an application for
registration in pursuance of this section in any case in which it is
inappropriate for him to do so (for instance because he is in any way connected
with the applicant) but in such a case he shall refer the application to the
Board.
(6) Where a person’s application is referred to the
Board under subsection (4) or (5), the Board shall direct the Registrar to
enter the person’s name in Part 1 of the Register if it is satisfied that he is
entitled to be registered in pursuance of this section.
(7) For the purposes of subsection (2A)(a),
evidence is to be treated as issued in a relevant European State if it is
issued in a country (or former country) whose territory at any time consisted
of, or included, the whole or part of the territory of that State.
4A Registration
in Part 1 of the Register: European qualifications
(1) The descriptions referred to in section
4(2A)(a) are—
(a) evidence of formal qualifications listed in
point 5.7.1 of Annex V to the Directive (qualifications in architecture satisfying
the minimum training conditions mentioned in Article 46 of the Directive,
including training which is, under Article 22(a), to be treated as meeting
those conditions), accompanied, where appropriate, by the certificate listed in
relation to that evidence in the column of that point of that Annex entitled
“Certificate accompanying the evidence of qualifications”;
(b) evidence of formal qualifications as an
architect which is required to be recognised under paragraph 3, 4 or 5 of Article
23 of the Directive (recognition of qualifications issued by the former
(i) such attestation in respect of that evidence as
is mentioned in that paragraph, and
(ii) such a certificate as is required by the second
sub-paragraph of that paragraph;
(c) evidence of training which is required by
paragraph 1 of Article 47 of the Directive to be recognised as satisfying
Article 21 of the Directive (training provided by ‘Fachhochschulen’ in the
Federal Republic of Germany), accompanied by such a certificate (certificate as
to 4 years’ post-training experience) as is mentioned in that paragraph;
(d) evidence of training which is required by
paragraph 2 of Article 47 of the Directive to be recognised as satisfying
Article 21 of the Directive (training as part of social betterment schemes or
part-time university studies), accompanied by evidence of—
(i) having passed such an examination as is
mentioned in that paragraph, and
(ii) having worked as mentioned in that paragraph (7
years’ supervised work in the field of architecture);
(e) evidence of formal qualifications which is
required by paragraph 1 of Article 49 of the Directive to be recognised by the
United Kingdom (acquired rights: recognition of evidence of qualifications
listed in Annex VI to the Directive and awarded in other relevant
European States; and recognition of evidence of qualifications issued in the
German Democratic Republic and certified as equivalent to evidence so listed);
and
(f) evidence of formal qualifications in the form
of a certificate which is required to be recognised by paragraph 2 of Article
49 of the Directive (acquired rights: rules governing the access to and pursuit
of the activities of an architect as of dates specified for individual Member
States).
(2) Where a person applies for registration in
pursuance of section 4 and, in doing so, relies on subsection (2A) of that
section—
(a) the Registrar may, for the purposes of deciding
whether the person is entitled to be registered in pursuance of section 4,
demand any documents within Annex VII to the Directive and may, where the demand
relates to a document within point 1(d), (e) or (f) of that Annex, treat the
demand as unsatisfied if the document submitted to the Registrar in response to
the demand is more than 3 months old when submitted;
(b) in the event of justified doubts as to whether
the person is entitled to be registered in pursuance of section 4, the
Registrar may require from the competent authorities of a relevant European
State confirmation of the authenticity of the attestations and evidence of
formal qualifications awarded in that other relevant European State, as well as
confirmation of the fact that the person fulfils the minimum training
conditions set out in Article 46 of the Directive (including training which is,
under Article 22(a), to be treated as meeting those conditions);
(c) in case of justified doubt as to whether the
person is entitled to be registered in pursuance of section 4, where evidence
of formal qualifications has been issued by a competent authority in a relevant
European State and includes evidence as to training received in whole or in
part in an establishment legally established in the territory of another relevant
European state, the Registrar shall be entitled to verify with the competent
authority in the relevant European State of origin of the award—
(i) whether the training course at the
establishment which gave the training has been formally certified by the
educational establishment based in the relevant
(ii) whether the evidence of formal qualifications
issued is the same as that which would have been awarded if the course had been
followed entirely in the relevant European State of origin of the award; and
(iii) whether the evidence of formal qualifications
confers the same professional rights in the territory of the relevant
(3) Subsection (4) applies to a person who is
registered in Part 1 of the Register in pursuance of section 4 in reliance on
subsection (2A) of that section.
(4) The person, when using his academic title
or any abbreviation of it—
(a) may express the title or abbreviation in the language,
or one of the languages, of the relevant
(b) must follow the title or abbreviation with the
name and location of the body conferring the title.”.
5A Registration
in Part 2 of the Register: Directive-rights nationals providing services
(1) Schedule 1A (registration of person
lawfully established as an architect in a relevant European State and wishing
to provide services in the United Kingdom on a temporary and occasional basis)
has effect.
(2) No fee shall be charged for registration
in Part 2 of the Register.
5B Titles
to be used by persons registered in Part 2 of the Register
(1) Where a person is registered in Part 2 of the
Register, the Registrar must in accordance with this section record the
person’s professional title against the person’s name in that Part of the
Register.
(2) If the person satisfies the Registrar that
the person would be entitled to be registered in Part 1 of the Register were
the person to apply to be registered in that Part, the professional title to be
recorded for the person shall be “architect”.
(3) In any other case—
(a) the professional title to be recorded for the
person shall be as it is in the relevant
(b) that title shall be recorded in the official
language, or one of the official languages, of that State, and
(c) if the title that is to be recorded in
accordance with paragraphs (a) and (b) is “architect” or is confusingly similar
to “architect”, the title to be recorded for the person shall be the title that
is to be recorded in accordance with paragraphs (a) and (b) followed by the
name of that State in brackets.
5C Information
to be given to recipients of the service
(1) Subsection (2) applies to a person (“P”)
if—
(a) P is entitled to be registered in Part 2 of the
Register, and
(b) P’s professional title falls to be recorded in
that Part of the Register in accordance with section 5B(3).
(2) Before P provides any services as an
architect in the
(a) if P is registered in a commercial register or
similar public register, the register in which he is registered, his
registration number, or equivalent means of identification contained in that
register;
(b) if the activity is subject to authorisation in
the relevant
(c) any professional association or similar body
with which P is registered;
(d) P’s professional title or, where no such title
exists, P’s formal qualification and the State in which it was awarded;
(e) if P performs an activity which is subject to VAT, the VAT identification number referred to in
Article 22(1) of the sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonisation of the
laws of the Member States relating to turnover taxes – Common system of value
added tax: uniform basis of assessment; and
(f) details of any insurance cover or other means
of personal or collective protection with regard to professional liability
which P has.
5D Administrative
co-operation with other relevant European States
(1) Where a person seeks registration in Part
2 of the Register, re-registration in that Part or continuation of registration
in that Part, the Registrar may ask the competent authorities of the relevant
European State where that person is established as an architect, for each
provision of services, to provide information relevant to the legality of that
person’s establishment and his good conduct, as well as the absence of any
disciplinary or criminal sanctions of a professional nature.
(2) Where a competent authority of a relevant
European State other than the United Kingdom requests information of the kind
described in subsection (1) in respect of a registered architect who is
established in the United Kingdom and who wishes to provide services in that
relevant European State, the Board shall provide the information in accordance
with the provisions of Article 56 of the Directive.
(3) The Registrar may make enquiries of registered
persons where the Registrar considers it necessary to do so for the purposes of
enabling the Board to discharge its duties under subsection (2).
(4) Where a registered person receives
enquiries under subsection (3), the person shall reply and, in replying, shall
use the person’s best endeavours to assist the Registrar.
(5) The power under subsection (3) is not to
be taken to prejudice any other power to make enquiries of registered persons.
5E Complaints
by recipients of services
(1) In subsections (2) and (3) “service
complaint” means a complaint by a recipient of services made against a person
in respect of services provided, by that person as an architect on a temporary
and occasional basis, in any relevant European State other than the relevant
European State where that person is lawfully established as an architect.
(2) The Board shall ensure the exchange with
other competent authorities of all information necessary for service complaints
to be correctly pursued.
(3) Where the Registrar knows the
outcome of a service complaint but it appears to the Registrar that the person
who made the complaint does not or may not know the outcome, the Registrar
shall inform the person of the outcome of the complaint.
6 Registration: further procedural
requirements
(1) The Board may require an applicant for registration
in Part 1 of the Register to pay a fee of a prescribed amount.
(2) The Board may require a candidate for any
examination under section 4(2) to pay a fee of a prescribed amount.
(2A) The Board may require an applicant for
registration in Part 1 of the Register to pay a fee for taking an aptitude test
which the applicant is required by the Board to take under regulation 25(1)(b)
of the European Communities (Recognition of Professional Qualifications)
Regulations 2007 on the basis that the circumstances are as mentioned in
regulation 25(3)(b) of those Regulations (education and training received by
the applicant covers substantially different matters from that required in the
United Kingdom).
(3) The Board may prescribe the information and evidence
to be provided to the Registrar in connection with an application for
registration in Part 1 of the Register.
(3A) The reference in subsection (3) to an
application for registration in Part 1 of the Register does not include an
application for registration in that Part made by a Directive-rights national
who, in making the application, relies on section 4(2A).
(3B) Where a Directive-rights national applies
to be registered in Part 1 of the Register and, in doing so, relies on section
4(2A), the Board shall—
(a) acknowledge receipt of the application within
one month of receipt; and
(b) inform the applicant of any missing document
required for the purposes of the application.
(3C) The Registrar shall deal expeditiously
with all applications for registration
(4) The Registrar shall serve
on an applicant for registration in Part 1 of the Register written notice of
the decision on his application.
4A) A notice under
subsection (4) shall be served—
(a) in the case of an application by a person who
in making the application—
(i) relies on subsection (1)(a) of section 4
without also relying on subsection (2A), or
(ii) relies on section 4(2A),
within
three months beginning with the date on which the application is made;
(b) in any other case, within six months beginning
with the date on which the application is made.
(4B) Notice of a refusal in the
case of an application by a person who in making the application relies on
section 4(2)A shall state reasons for the refusal.
6A.—(1) Where a person requests the Board to issue a certificate of architectural education confirming that the person’s training as an architect—
(a) meets the minimum training conditions in
Article 46 of the Directive,
(b) gives that person entitlement under section 4
to be registered in Part 1 of the Register, or
(c) includes prescribed or equivalent
qualifications,
the
Board may issue such a certificate to that person if the training does meet
those conditions, gives that entitlement or includes those qualifications.
(2) The Board may require a person making a
request under subsection (1) to pay a fee of a prescribed amount
7 Penalty for obtaining registration or recognition by
false representation
(1) A person commits an offence if the person
intentionally—
(a) becomes or attempts to become registered under
this Act, or
(b) does any of the things mentioned in subsection
(1A) anywhere in or outside the
(1A) Those things are—
(a) making to the Board or to the Registrar,
(b) producing to the Board or to the Registrar,
(c) causing to be made to the Board or to the
Registrar, or
(d) causing to be produced to the Board or to the
Registrar
any
false or fraudulent representation or declaration (whether oral or written).”.
(2) A
person guilty of an offence under this section is liable on summary conviction
to a fine not exceeding level 3 on the standard scale.
Removal from Register etc.
8 Retention of name
in Part 1 of the Register
(1) The Board may require a registered person to pay a
retention fee of a prescribed amount if he wishes his name to be retained in
Part 1 of the Register in any calendar year after that in which it was entered.
(2) Where, after the Registrar has sent a registered
person who is liable to pay a retention fee a written demand for the payment of
the fee, the person fails to pay the fee within the prescribed period, the
Registrar may remove the person’s name from Part 1 of the Register.
(3) Where a person whose name has been removed from Part
1 of the Register under subsection (2) pays the retention fee, together with
any further prescribed fee, before the end of the calendar year for which the
retention fee is payable or such longer period as the Board may allow—
(a) his name shall be re-entered in Part 1 of the
Register (without his having to make an application under section 4); and
(b) if the Board so directs, it shall be treated as
having been re-entered on the date on which it was removed.
9 Competence to practise
(1) Where the Board is not satisfied that a person who—
(a) applies for registration in pursuance of section 4;
(b) wishes his name to be retained or re-entered in Part
1 of the Register under section 8; or
(c) applies for his name to be re-entered in Part 1 of
the Register under section 18,
has gained such recent
practical experience as the Board may prescribe, his name shall not be entered
or re-entered in Part 1 of the Register, or shall be removed from it, unless he
satisfies the Board of his competence to practise.
(2) Where the Board decides that the name of a person to
whom paragraph (b) of subsection (1) applies is by virtue of that subsection to
be removed from, or not to be re-entered in, Part 1 of the Register, the
Registrar shall serve written notice of the decision on him within the
prescribed period after the date of the decision.
10 Disqualification in a
relevant
(1) The Board may order the Registrar to remove a
person’s name from Part 1 of the Register if—
(a) the person relied on section 4(2A) in making
the application that led to the person’s name being entered in Part 1 of the
Register;
(aa) at the time when the person’s name was entered
in Part 1 of the Register, there was a disqualifying decision in force in
respect of the person in a relevant
(b) at that time the Board was unaware of that fact; and
(c) the Board is satisfied that the person was at that
time and is still subject to that disqualifying decision.
(2) Where the Board orders the Registrar to remove a
person’s name from the Register under this section, the Registrar shall serve
written notice of the removal on him as soon as is reasonably practicable.
11 Failure to notify
change of address
Where the Registrar serves notice in writing on a
person registered in Part 1 of the Register asking if he has changed his
regular business address—
(a) if no answer is received within six months from the
sending of the notice, the Registrar shall serve further written notice on him;
and
(b) if no answer is received within three months from
the sending of the further notice, the Registrar may remove his name from the
Register.
12 …
Part III Discipline
Professional standards
13 Code of practice
(1) The Board shall issue a code laying down standards
of professional conduct and practice expected of registered persons.
(2) The Board shall keep the code under review and vary
its provisions whenever it considers it appropriate to do so.
(3) Before issuing or varying the code, the Board shall—
(a) consult such professional bodies and such other
persons with an interest in architecture as it considers appropriate; and
(b) publish in such manner as it considers appropriate
notice that it proposes to issue or vary the code, stating where copies of the
proposals can be obtained.
(4) Failure by a registered person to comply with the
provisions of the code—
(a) shall not be taken of itself to constitute
unacceptable professional conduct or serious professional incompetence on his
part; but
(b) shall be taken into account in any proceedings
against him under section 14.
(5) The Board shall provide a copy of the code to any
person who requests one on payment of a reasonable charge decided by the Board
(and may provide a copy free of charge whenever it considers appropriate).
14 Professional misconduct
and incompetence
(1) Where an allegation is made that a registered person
is guilty of—
(a) unacceptable professional conduct (that is, conduct
which falls short of the standard required of a registered person); or
(b) serious professional incompetence,
or it appears to the Registrar
that a registered person may be so guilty, the case shall be investigated by
persons appointed in accordance with rules made by the Board.
(2) Where persons investigating a case under subsection
(1) find that a registered person has a case to answer, they shall report their
finding to the Professional Conduct Committee.
(3) Where the Professional Conduct Committee receives a
report under subsection (2) in relation to a registered person, the Committee
shall consider whether he is guilty of unacceptable professional conduct or
serious professional incompetence.
(4) Before considering whether a registered person is
guilty of unacceptable professional conduct or serious professional
incompetence the Professional Conduct Committee shall—