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) which provides access to the profession of architect in the
relevant
(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—
(a) serve written notice on him outlining the case
against him; and
(b) give him the opportunity to appear before the
Committee to argue his case.
(5) At any such hearing the registered person is
entitled to be legally represented.
(6) The Board may make rules as to the procedure to be
followed by the Professional Conduct Committee in any proceedings under this
section.
(7) If the Board does not make rules for the appointment
of persons to investigate whether registered persons have been guilty of
unacceptable professional conduct or serious professional incompetence, the
Professional Conduct Committee shall consider such questions without any prior
investigation.
Disciplinary orders
15 Disciplinary
orders
(1) The Professional Conduct Committee may make a
disciplinary order in relation to a registered person if—
(a) it is satisfied, after considering his case, that he
is guilty of unacceptable professional conduct or serious professional
incompetence; or
(b) he has been convicted of a criminal offence other
than an offence which has no material relevance to his fitness to practise as
an architect.
(2) In this Act “disciplinary order” means—
(a) a reprimand;
(b) a penalty order;
(c) a suspension order; or
(d) an erasure order.
(3) Where the Professional Conduct Committee makes a
disciplinary order in relation to a person, the Registrar shall serve written
notice of the order on him as soon as is reasonably practicable.
(4) The Professional Conduct Committee shall, at
appropriate intervals and in such manner as it considers appropriate, publish—
(a) the names of persons whom it has found guilty of unacceptable
professional conduct or serious professional incompetence or in relation to
whom it has made a disciplinary order under subsection (1)(b); and
(b) in the case of each person a description of the
conduct, incompetence or offence concerned and the nature of any disciplinary
order made.
(5) Where, after considering the case of a registered
person, the Professional Conduct Committee is not satisfied that he is guilty
of unacceptable professional conduct or serious professional incompetence, it
shall, if he so requests, publish a statement of that fact in such manner as it
considers appropriate.
16 Penalty orders
(1) Where a penalty order is made in relation to a
registered person, he shall pay to the Board the sum specified in the order.
(2) A penalty order may not specify a sum exceeding the
amount which, at the relevant time, is the amount specified as level 4 on the
standard scale of fines for summary offences.
In this subsection “the relevant time” means—
(a) in a case within subsection (1)(a) of section 15,
the time of the conduct or incompetence of which the registered person is found
guilty; and
(b) in a case within subsection (1)(b) of that section,
the time when he committed the criminal offence of which he has been convicted.
(3) A penalty order shall specify the period within
which the sum specified in it is to be paid.
(4) If the person in relation to whom a penalty order is
made does not pay the sum specified in the order within the period so
specified, the Professional Conduct Committee may make a suspension order or an
erasure order in relation to him.
(5) The Board shall pay into the Consolidated Fund any
sum paid under a penalty order.
17 Suspension orders
Where a suspension order is made in relation to a
registered person, the Registrar shall remove his name from the Register but
shall re-enter it in the Register at the end of such period not exceeding two
years as is specified in the order.
18 Erasure orders
(1) Where an erasure order is made in relation to a
registered person, the Registrar shall remove his name from the Register and it
shall not be re-entered in the Register unless the Board so directs.
(2) No application shall be made for the name of a person
in relation to whom an erasure order has been made to be re-entered in the
Register—
(a) before the end of the period of two years beginning
with the date of the erasure order or such longer period specified in the
erasure order as the Professional Conduct Committee considers appropriate in a
particular case; or
(b) where he has made a previous application for his
name to be re-entered in the Register, before the end of the prescribed period
beginning with the date of the decision of the Board on that application.
(3) The Registrar shall serve on a person who applies
for his name to be re-entered in the Register under this section written notice
of the decision on his application within the prescribed period after the date
of the decision.
(4) The
Board may require a person whose name is re-entered in the Register under this
section to pay a fee of a prescribed amount.
19 ….
Part IV Use of title “architect”
20 Use of title “architect”
(1) A person shall not practise or carry on business under
any name, style or title containing the word “architect” unless he is a person
registered in Part 1 of the Register.
(2) Subsection (1) does not prevent any use of the
designation “naval architect”, “landscape architect” or “golf-course
architect”.
(3) Subsection (1) does not prevent a body corporate,
firm or partnership from carrying on business under a name, style or title
containing the word “architect” if—
(a) the business of the body corporate, firm or
partnership so far as it relates to architecture is under the control and
management of a person registered in Part 1 of the Register who does not act at
the same time in a similar capacity for any other body corporate, firm or
partnership; and
(b) in all premises where its business relating to architecture
is carried on it is carried on by or under the supervision of a person
registered in Part 1 of the Register.
(4) The Board may by rules provide that subsection (3)
shall not apply in relation to a body corporate, firm or partnership unless it
has provided to the Board such information necessary for determining whether
that subsection applies as may be prescribed.
(5) Subsection (1) does not prevent a person
registered in Part 2 of the Register using—
(a) the title recorded for the person in that Part;
or
(b) any other title that could have been recorded
for the person in that Part.
(6) For the purposes of this section a person is not
treated as not practising by reason only of his being in the employment of
another person.
(7) In this section “business” includes any undertaking
which is carried on for gain or reward or in the course of which services are
provided otherwise than free of charge.
(8) Nothing in this section affects the validity of any
building contract in customary form.
21 Offence
(1) If any person contravenes section 20(1) he commits
an offence and is liable on summary conviction to a fine not exceeding level 4
on the standard scale.
(2) A person is not guilty of an offence by reason of contravening
section 20(1) on any particular date if—
(a) the contravention is occasioned by the fact that an
application on his part for registration under this Act has not been granted;
and
(b) notice of the decision not to grant the application
had not been duly served under this Act before that date.
(3) A person is not guilty of an offence by reason of
contravening section 20(1) on any particular date if the contravention is
occasioned by the removal of his name from the Register in circumstances in
which notice is required to be served on him and—
(a) the notice had not been duly served before that
date;
(b) the time for bringing an appeal against the removal
had not expired at that date; or
(c) such an appeal had been duly brought, but had not been
determined, before that date.
(4) In relation to an offence under subsection (1)—
(a) section 127(1) of the [1980 c. 43.] Magistrates'
Courts Act 1980 (information to be laid within six months of offence);
(b) Article 19(1) of the [S.I. 1981/1675 (N.I. 26).] Magistrates' Courts (
(c) section 136(1) of the [1995 c. 46.] Criminal
Procedure (
shall have effect as if for
the references in them to six months there were substituted references to two
years.
Part V General and supplementary
General
22 Appeals
(1) A person may appeal to the High Court or,
in
(a) refusal of his application for registration in
Part 1 of the Register;
(b) failure of the Registrar to comply with section
6(4);
(c) his name not being re-entered in, or his name being
removed from, Part 1 of the Register by virtue of section 9;
(d) the Board’s ordering under section 10 that the
Registrar remove his name from Part 1 of the Register; or
(e) the making of a disciplinary order in relation
to him.
(2) Subject to subsection (3), an appeal under
subsection (1)(a), (c), (d) or (e) must be made not later than three months
after the date on which notice of the decision or order concerned is served on
the person.
(3) Where an appeal under subsection (1)(a) is
made by a person who relied on subsection (2A) of section 4 in applying for
registration in pursuance of that section, the appeal must be made not later
than four months after the date on which notice of the refusal is served on the
person.
(4) The time limits for making an appeal under
subsection (1)(b) are—
(a) where the appeal is made by a person who relied
on subsection (2A) of section 4 in applying for registration in pursuance of
that section, within seven months, and
(b) where the appeal is made by a person who, in
applying for registration in pursuance of that section, relied on subsection
(1)(a) of that section without also relying on subsection (2A) of that section,
within six months, beginning
with the date on which the person’s application for registration is made.
(5) An appeal under subsection (1)(b) to which
subsection (4) does not apply must be made within nine months beginning with
the date on which the person’s application for registration is made.
(6) If a person claims to be entitled to be
registered in Part 2 of the Register but the person’s name is not entered in
that Part, the person may appeal to a county court or, in Scotland, to the
sheriff.
(7) On an appeal under this section the court
concerned may make any order which appears appropriate, and no appeal shall lie
from any decision of a court on such an appeal.
22A …
22B Administrative co-operation
(1) The Board, in its capacity as competent
authority for the purposes of the Directive, is to—
(a) work in close collaboration with competent
authorities of other relevant European States, and
(b) provide assistance to competent authorities of
other relevant European States in accordance with and in order to facilitate
the application of the Directive.
(2) The Board is to exchange professional-regulation
information about—
(a) registered persons who are Directive-rights
nationals, or
(b) Directive-rights nationals who have made an
application for registration in the Register, with competent authorities of other relevant
European States.
(3) In this section “professional-regulation
information” means information regarding—
(a) disciplinary action taken,
(b) criminal sanctions imposed, or
(c) any other serious, specific circumstances,
where the action is, or the
sanctions or circumstances are, likely to have consequences for the pursuit of
the profession of architect by a person.
(4) If in any case the Board receives
professional-regulation information from a competent authority of another
relevant
(a) is responsible for investigating and
establishing the position in the case, and
(b) is to pass on its conclusions in the case to a
competent authority in each relevant European State in which the person
concerned is established as an architect or (without being established) is
providing services as an architect.
(5) The Board may make enquiries of registered
persons where the Board considers it necessary to do so for the purposes of
enabling it to discharge its duties under subsections (1)(b) and (4)(a).
(6) Where a registered person receives
enquiries under subsection (5), the person shall reply and, in replying, shall
use the person’s best endeavours to assist the Board.
(7) The power under subsection (5) is not to be
taken to prejudice any other power to make enquiries of registered persons.
22C Confidentiality
(1) The Board, the Registrar, and persons
acting on behalf of either of them, are prohibited from disclosing information
to which subsection (2) applies.
(2) This subsection applies to information if—
(a) the information is received in the course of
the carrying-out of functions of the Board or the Registrar;
(b) the functions are functions under the Directive
or under any enactment giving effect to the Directive; and
(c) the information—
(i) is provided by a competent authority of another
relevant
(ii) relates to an application made by a
Directive-rights national for registration in the Register.
(3) Subsection (1) does not apply to disclosure
which is—
(a) to the Secretary of State; or
(b) necessary in order to facilitate the
carrying-out of functions of the Board, or of functions of the Registrar, under
this Act or any other enactment.
(4) An authority within subsection (5) must, so
far as it is within the authority’s power to do so, ensure the confidentiality
of information which, in the course of the carrying-out of functions of the
authority under the Directive or under any enactment giving effect to the
Directive, is disclosed by or on behalf of the authority to a competent
authority of another relevant European State.
(5) The authorities within this subsection
are—
(a) the Board; and
(b) the Registrar
23 Rules
(1) The Board may make rules generally for carrying out
or facilitating the purposes of this Act.
(2) The Board shall, before making any rules under this
Act, publish a draft of the rules and give those to whom the rules would be
applicable an opportunity of making representations to the Board.
(3) The Registrar shall on payment of the prescribed
charges supply a copy of any rules made under this Act and of any forms
prescribed by such rules to any person applying for them.
24 Service of documents
(1) Any notice or document required to be served by or for
the purposes of this Act may be sent by post, and when sent to any registered
person shall be deemed to be properly addressed if addressed to him at his
address in the Register.
(2) Any notice relating to the refusal to register any person
or required to be served by section 9(2), 10(2), 11(a), 14(4)(a) or 15(3) shall
be sent by post as a registered letter.
Supplementary
25 (1)Interpretation
In this Act—
“the
Board” means the Architects Registration Board;
“competent
authority” means any authority or body designated by a relevant
(a)
issue, or receive, evidence of qualifications or other information or
documents, or
(b)
receive applications, and take the decisions, referred to in the Directive,
in
connection with the profession of architect;
“the
Directive” means Council Directive 2005/36/EC on the recognition of
professional qualifications, and—
(a)
any reference to the Directive includes (without prejudice to the operation of
section 20A of the Interpretation Act 1978) a reference to the Directive as
extended by the EEA Agreement (see the amendments made to that Agreement by
Decision of the EEA Joint Committee No. 142/2007 on 26th October
2007), and
(b)
any reference to an Annex to the Directive is, except where the reference to
the Directive is to the Directive as extended by the EEA Agreement, a reference
to the Annex as amended from time to time;
“disciplinary
order” has the meaning given by section 15;
“disqualifying
decision in another EEA State”, in relation to any person, means a decision
made by a competent authority of an
(a) is
expressed to be made on the ground that he has committed a criminal offence or
has misconducted himself in a professional respect; and
(b)
has the effect in that State that he is no longer registered or otherwise
officially recognised as an architect or that he is prohibited from practising
as an architect there;
“EEA
State” means any State which is a Contracting Party to the Agreement on the
European Economic Area signed at Oporto on 2nd May 1992, as adjusted by the
Protocol signed at Brussels on 17th March 1993, or Switzerland;
“erasure
order” shall be construed in accordance with section 18;
“list
of visiting EEA architects” means the list maintained under section 12;
“national”
does not include a person who, by virtue of Article 2 of Protocol No.3 (Channel
Islands and
“penalty
order” shall be construed in accordance with section 16;
“prescribed”
means prescribed by rules made by the Board and “prescribe” means prescribe by
rules;
“the Register”
means the Register of Architects;
“registered
person” means a person whose name is in the Register;
“the
Registrar” means the Registrar of Architects;
“suspension
order” shall be construed in accordance with section 17; and
“unacceptable
professional conduct” has the meaning given by section 14.
(2) Any person who is not a
national of an EEA State, but who is, by virtue of a right conferred by Article
11 of Council Regulation (EEC) No. 1612/68 or any other enforceable Community
right, entitled to be treated, for the purposes of access to the profession of
architecture, no less favourably than a national of such a State, shall be
treated for the purposes of this Act as if he were such a national
26 Consequential
amendments
In—
(a) section 6 of the [1955 No. 1.] Inspection
of Churches Measure 1955, in the definition of “qualified person”;
(b) section 52(1) of the [1963 No. 2.] Cathedrals
Measure 1963, in the definition of “architect”; and
(c) section 20(1) of the [1990 No. 2.] Care
of Cathedrals Measure 1990, in the definition of “architect”,
for “Architects Acts 1931 to
1996” substitute “Architects Act 1997”.
27 Transitionals, repeals
etc
Schedule 2 (transitional provisions and savings)
and Schedule 3 (repeals and revocations) have effect.
28 Short title,
commencement and extent
(1) This Act may be cited as the Architects Act 1997.
(2) This Act (apart from this section) shall come into
force on such day as the Secretary of State may by order made by statutory
instrument appoint.
(3) This Act extends to
SCHEDULES
Section
1.
SCHEDULE 1 The
Board and its committees
Part I The Board
Membership
1 The Board shall consist of—
(a) seven elected members; and
(b) eight appointed members.
Elected members
2 (1) The elected members shall be elected in
accordance with an electoral scheme made by the Board, with the approval of the
Privy Council, after consultation with such bodies as appear to the Board to be
representative of architects.
(2) An electoral scheme under sub-paragraph (1) may
be amended by the Board with the approval of the Privy Council and after
consultation with such bodies as are mentioned in that sub-paragraph.
(3) The persons qualified—
(a) to elect the elected
members; and
(b) to be elected as elected
members,
are all those who are registered persons when the
election is held.
Appointed members
3 (1) The appointed members shall be appointed by
the Privy Council, after consultation with the Secretary of State and such other
persons or bodies as the Privy Council thinks fit, to represent the interests
of users of architectural services and the general public.
(2) No registered person shall be eligible for
appointment as an appointed member.
Term of office
4 (1) Subject to sub-paragraphs (2) and (3), the
term of office of a member of the Board is three years.
(2) A member may resign at any time by notice in
writing addressed to the Registrar.
(3) The Board may prescribe grounds (such as
repeated absence from meetings or unacceptable professional conduct) on which
any member may be removed from office and the procedure for removal.
5 A person who has held office as a member of the
Board for a continuous period of six years may not be elected or appointed as a
member until at least three years have elapsed since he last held office.
Casual vacancies
6 (1) Where a vacancy occurs among the members of
the Board otherwise than by the expiry of a member’s term of office—
(a) if the vacancy is among
the elected members, the Board shall appoint a registered person to fill it;
and
(b) if the vacancy is among
the appointed members, the Privy Council shall appoint a person to fill it.
(2) Subject to paragraph 4(2) and (3), a person
appointed under sub-paragraph (1) to fill a vacancy holds office until the date
on which the term of office of the member whose vacancy he fills would have
expired.
(3) A person appointed under sub-paragraph (1)(a)
shall be regarded as an elected member and a person appointed under
sub-paragraph (1)(b) shall be regarded as an appointed member.
Chairman
7 (1) The members of the Board shall elect a
chairman from among themselves.
(2) The chairman—
(a) may resign by notice in
writing addressed to the Registrar; and
(b) may be removed by a
majority vote of the other members of the Board.
(3) Rules made by the Board may make provision for
the appointment of a person to act as chairman in the event of a vacancy in the
office of chairman or in such other circumstances as may be prescribed.
8 In the event of a tie in any vote of the Board
the chairman shall have an additional casting vote.
Procedure
9 The quorum of the Board shall be nine, of whom at
least four shall be elected members and at least four shall be appointed
members.
10 The Board may make rules governing its meetings
and procedure.
Staff
11 (1) The Board may appoint staff.
(2) The Board shall determine the period for which,
and the terms on which, its staff are appointed.
(3) Staff appointed by the Board shall have the
duties which the Board directs.
(4) The Board may, in addition to paying salaries
to its staff, pay pensions to or in respect of them, or make contributions to
the payment of such pensions, and pay them allowances, expenses and gratuities.
Seal
12 The Board shall have a common seal which shall
be authenticated in the prescribed manner; and any document purporting to be
sealed with the seal authenticated in that manner shall be receivable as
evidence of the particulars stated in it.
Part II The Professional Conduct Committee
13. The Professional Conduct Committee shall consist of -
(a) four elected
members of the Board;
(b) three appointed members of the Board;
(c) three persons nominated by the President of the Law Society; and
(d) six persons appointed by the Board, including three registered persons, of
whom the address of at least one in the Register is in
14 (1) The members of the Professional Conduct
Committee shall elect a chairman from among themselves.
(2) The chairman—
(a) may resign by notice in
writing addressed to the Registrar; and
(b) may be removed by a
majority vote of the other members of the Professional Conduct Committee.
(3) Rules made by the Board may make provision for
the appointment of a person to act as chairman in the event of a vacancy in the
office of chairman or in such other circumstances as may be prescribed.
15 (1) Subject to sub-paragraphs (1A) and (2), the quorum of the Professional Conduct Committee shall be one person nominated by the President of the Law Society; and any two persons from one or more of the following categories -
(a) the elected
members of the Board;
(b) the appointed members of the Board;
(c) the persons appointed by the Board.
(1A) The Committee shall not, however, be quorate unless there are present -
(a) a member of the
Committee who is a registered person; and
(b) a member of the Committee who is neither a registered person nor a person
nominated by the President of the Law Society.
(2) In addition,where the Committee is considering
the case of a person whose address in the Register is in
16 In the event of a tie in any vote of the
Professional Conduct Committee the chairman shall have an additional casting
vote; and in any proceedings relating to a registered person the additional
vote shall be cast in favour of that person.
17 The Board may make rules governing the selection
and term of office of members of the Professional Conduct Committee (including
casual vacancies).
Part III Other committees
18 (1) The Board may establish such committees as
it considers appropriate—
(a) to discharge any of its
functions under this Act other than those to which sub-paragraph (2) applies;
or
(b) to assist the Board in the
discharge by the Board of any of its functions.
(2) This sub-paragraph applies to the following functions—
(a) prescribing fees under
section 6(1) or (2), 8(1) or (3) or 18(4); and
(b) acting under section 4(1)
or (2), 5(1), 6(3), 9(1) or 13(1), (2) or (3).
19 (1) Any committee established by the Board may
include persons who are not members of the Board; but if a committee is
established to discharge any function of the Board, the majority of the members
of the committee must be members of the Board.
(2) Subject to that, the membership of any
committee established by the Board shall be determined by the Board.
20 No vote of any committee established by the
Board for the discharge of any of its functions shall be valid unless the
majority of those voting are members of the Board.
21 The Board may make rules governing the term of
office of members of any committee established by the Board (including casual
vacancies) and the meetings and procedure (including chairmanship and quorum)
of any committee established by the Board.
Part IV General
22 (1) The Board, the Professional Conduct
Committee and any committee established by the Board may exercise its functions
even though there is a vacancy among its members.
(2) No proceedings of the Board, the Professional
Conduct Committee or any committee established by the Board are invalidated by any
defect in the election or appointment of a member.
23 The Board may by rules provide for the payment
to members of the Board, the Professional Conduct Committee or any committee
established by the Board of—
(a) fees for attendance at
meetings of the Board or committee; and
(b) travelling and subsistence
allowances in respect of attendance at such meetings or the conduct of business
of the Board or committee.
24 (1) The Secretary of State may, after
consultation with the Board and such other persons or bodies as he thinks fit,
by order amend the provisions of this Schedule.
(2) An order under sub-paragraph (1) shall be made
by statutory instrument which shall be subject to annulment in pursuance of a
resolution of either House of Parliament.
SCHEDULE 1A VISITING ARCHITECTS FROM RELEVANT EUROPEAN
STATES
Application and interpretation
1. This
Schedule applies to a Directive-rights national who is lawfully established as
an architect in a relevant
2.—(1) In
this Schedule—
(a) “visiting practitioner” means a person to whom
this Schedule applies;
(b) “home State”, in relation to a visiting
practitioner, means the relevant
(c) a reference to the provision of occasional
services is a reference to the provision in the
(2) Sub-paragraph (3) applies where, for purposes
of this Schedule, it falls to be assessed whether the provision of services is
on a temporary and occasional basis.
(3) The temporary and occasional nature of the
provision of the services shall be assessed case by case, in particular in
relation to its duration, its frequency, its regularity and its continuity.
Entitlement to be registered in
respect of provision of occasional services: first year
3.—(1) A
visiting practitioner who proposes to provide occasional services for the first
time is entitled to be registered in Part 2 of the Register if the practitioner
sends or produces to the Registrar—
(a) the required declaration, and
(b) the other required documents,
but
paragraph 5 contains provision about the duration of entitlement under this sub-paragraph.
(2) The Registrar shall give effect to
entitlement under sub-paragraph (1), except that the Registrar may refuse to do
so if, even though there is at least one other State in which the visiting
practitioner—
(a) is lawfully established as an architect, and
(b) is not prohibited (even temporarily) from
practising as an architect,
there
is also at least one other State where a disqualifying decision is in force in
respect of the practitioner; and in this sub-paragraph “other State” means a
relevant European State other than the United Kingdom.
(3) For the purposes of sub-paragraph (1) “the
required declaration” is a written declaration that—
(a) states the practitioner’s wish to provide
occasional services, and
(b) contains details of the insurance cover, or
other means of personal or collective protection, that the practitioner has
with regard to professional liability.
(4) For the purposes of sub-paragraph (1) “the
other required documents” are—
(a) if the practitioner is a national of a relevant
(b) if the practitioner is not a national of a
relevant
(c) evidence certifying successful completion of
any professional training undertaken by the practitioner that is relevant to
practise as an architect;
(d) evidence of any actual and lawful pursuit of
the profession of architect undertaken by the practitioner in any relevant
(e) a certificate (or certificates) issued by a
competent authority in the practitioner’s home State confirming—
(i) that the practitioner is lawfully established
as an architect in that State, and
(ii) that the practitioner is not prohibited
(whether on a permanent or temporary basis) from practising as an architect
there.
(5) A declaration under sub-paragraph (3) may
be supplied by any means.
Registration in respect of provision
of occasional services after first year
4.—(1) Sub-paragraph (2) applies
where the Registrar receives the required renewal documents from a visiting
practitioner who is entitled under this Schedule to be registered in Part 2 of
the Register.
(2) The visiting practitioner continues to be entitled
to be registered in Part 2 of the Register, but paragraph 5 contains provision
about the duration of entitlement continued under this sub-paragraph.
(3) Sub-paragraph (4) applies where the
Registrar receives the required renewal documents from a visiting practitioner
who—
(a) is not entitled under this Schedule to be
registered in Part 2 of the Register, but
(b) has been previously entitled under this
Schedule to be registered in that Part.
(4) The visiting practitioner is once again
entitled to be registered in Part 2 of the Register, but paragraph 5 contains
provision about the duration of entitlement continued under this sub-paragraph.
(5) The Registrar shall give effect to
entitlement under sub-paragraph (2) or (4).
(6) In relation to a visiting practitioner
“the required renewal documents” are—
(a) a renewal declaration; and
(b) each evidence of change document (if any).
(7) In this paragraph “renewal declaration”,
in relation to a visiting practitioner, means a written declaration that—
(a) states the practitioner’s wish to provide
occasional services in a further year; and
(b) contains details of the insurance cover, or
other means of personal or collective protection, that the practitioner has
with regard to professional liability.
(8) Where a document—
(a) is, in relation to a visiting practitioner, one
of the other required documents for the purposes of paragraph 3(1), and
(b) substantiates a matter as respects which there
has been a material change since the practitioner last (whether under paragraph
3 or this paragraph) supplied the then-current version of the document to the
Registrar,
the
version of the document current when under this paragraph the practitioner
supplies a renewal declaration to the Registrar is an “evidence of change”
document for the purposes of sub-paragraph (6)(b).
(9) A renewal declaration supplied under this
paragraph may be supplied by any means.
Duration of entitlements to be
registered in Part 2 of the Register
5.—(1) Unless
an entitlement under paragraph 3 or 4(4) is continued (or further continued) by
paragraph 4(2), the entitlement ceases at the end of the year that begins with
the day after the day on which the Registrar received the documents whose
receipt gave rise to the entitlement.
(2) Where an entitlement under paragraph 3 or
4(4) is continued (or further continued) by paragraph 4(2), the entitlement is
extended so as to cease at the end of the year that begins with the day after
the relevant day.
(3) For the purposes of sub-paragraph (2)—
(a) if the day on which the Registrar receives the
documents whose receipt gives rise to the continuation (or further
continuation) is an anniversary of the start day, “the relevant day” means the
day on which the Registrar receives those documents;
(b) otherwise, “the relevant day” means the
anniversary of the start day that is the first such anniversary to occur after
the Registrar receives the documents whose receipt gives rise to the
continuation (or further continuation).
(4) In sub-paragraph (3) “the start day”, in
relation to an entitlement under paragraph 3 or 4(4), means the day on which
the Registrar receives the documents whose receipt gives rise to the
entitlement.
(5) An entitlement under this Schedule to be
registered in Part 2 of the Register ceases if—
(a) the visiting practitioner concerned becomes
established in the
(b) it becomes the case—
(i) that the practitioner is not lawfully
established as an architect in any of the other States, or
(ii) that the practitioner is prohibited (on a
permanent or temporary basis) from practising as an architect in each other
State in which the practitioner is lawfully established as an architect;
and
here “other State” means a relevant
Deemed registration where person
entitled to be registered is not registered.
6. A
visiting practitioner who is entitled under this Schedule to be registered in
Part 2 of the Register, but who is not registered in that Part, shall be
treated as registered in that Part.
Registrar’s power to remove person’s
name from Part 2 of the Register
7.—(1) Sub-paragraph
(3) applies where a person’s entitlement under this Schedule to be registered
in Part 2 of the Register ceases by reason of the operation of provisions of
this Schedule.
(2) Sub-paragraph (3) also applies where—
(a) a visiting practitioner is lawfully established
as an architect in a relevant European State other than the United Kingdom and
is not prohibited (whether on a permanent or temporary basis) from practising
as an architect there, and
(b) a disqualifying decision is made against the
practitioner in a different relevant
(3) If the person is registered in Part 2 of
the Register, the Registrar may remove the person’s name from that Part.
Saving for other powers to de-register
or suspend registration
8. Paragraphs
3 to 7 are not to be taken to prejudice the application, in relation to persons
registered in Part 2 of the Register on the basis of entitlement under this
Schedule, of any other provision of this Act under which a registered person’s
name may be removed from Part 2 of the Register.
Registrar’s duty to notify person
appearing not to have entitlement
9. Where
the Registrar receives documents from a person and it appears to the Registrar—
(a) that the documents were sent or produced to the
Registrar for the purpose of establishing that the person is entitled to be registered,
to continue to be registered or once again to be registered in Part 2 of the
Register, but
(b) that the person is not so entitled,
the
Registrar shall, as soon as may be reasonably practicable after the Registrar
comes to be of that view, serve on the person written notice that the Registrar
is of that view.
SCHEDULE 2
Section 27
Transitional
provisions and savings
General transitionals and savings
1 The
substitution of this Act for the provisions repealed or revoked by this Act does
not affect the continuity of the law.
2 Anything
done, or having effect as if done, (including the making of rules) under or for
the purposes of any provision repealed or revoked by this Act has effect as if
done under or for the purposes of any corresponding provision of this Act.
3 Any
reference (express or implied) in this Act or any other enactment, or in any
instrument or document, to a provision of this Act is (so far as the context
permits) to be read as (according to the context) being or including in
relation to times, circumstances and purposes before this Act comes into force
a reference to the corresponding provision repealed or revoked by this Act.
4 (1) Any reference (express or implied) in any enactment,
or in any instrument or document, to a provision repealed or revoked by this
Act is (so far as the context permits) to be read as (according to the context)
being or including in relation to times, circumstances and purposes after this
Act comes into force a reference to the corresponding provision of this Act.
(2) In particular, where a power conferred by an Act is
expressed to be exercisable in relation to enactments contained in an Act
passed before or in the same Session as the Act conferring the power, the power
is also exercisable in relation to provisions of this Act which reproduce such
enactments.
5 Paragraphs
1 to 4 have effect in place of section 17(2) of the [1978 c. 30.] Interpretation
Act 1978 (but are without prejudice to any other provision of that Act).
First appointments to the Board
6 The
term of office of the members of the Board who were appointed by the Privy
Council to take office on the day on which Part III of the 1996 Act came into
force (and who remain members of the Board when this Act comes into force)—
(a) is one year beginning with that day in the case of
three of those members;
(b) is two years beginning with that day in the case of
another three of those members; and
(c) is three years beginning with that day in the case
of the remaining two members.
Registration
7 If—
(a) a person duly applied for registration under the
1931 Act before Part III of the 1996 Act came into force; but
(b) no decision on the application has been made before
this Act comes into force,
the application shall be dealt
with in the same way as an application duly made after this Act comes into
force (except that no further fee may be required to be paid).
8 Examinations
in architecture which immediately before the day on which Part III of the 1996
Act came into force were recognised by the Council for the purposes of section
6(1)(c) of the 1931 Act (as it had effect before Part III of the 1996 Act came
into force) shall (subject to rules made by the Board) be treated as
qualifications prescribed under section 4(1)(a).
9 The
reference in subsection (3) of section 8 to a person whose name has been
removed from the Register under subsection (2) of that section shall be treated
as including a reference to a person whose name was removed from the Register
under section 13(5) of the 1931 Act before Part III of the 1996 Act came into
force.
10 The
reference to the Board in section 10(1)(b) shall be construed, in relation to
the entry of a name in the Register before Part III of the 1996 Act came into
force, as a reference to the Council.
Discipline
11 If—
(a) before Part III of the 1996 Act came into force, the
Discipline Committee began an inquiry into any case in which it was alleged
that a registered person had been guilty of conduct disgraceful to him in his
capacity as an architect; but
(b) the case has not been decided or referred to the
Professional Conduct Committee before this Act comes into force,
the case shall be referred to
the Professional Conduct Committee which shall consider whether he is guilty of
unacceptable professional conduct or serious professional incompetence.
12 (1) Subject to sub-paragraph (2), sections 14 to 18 have
effect in relation to anything done or omitted to be done before this Act comes
into force (including anything done before Part III of the 1996 Act came into
force) as in relation to anything done or omitted to be done after this Act
comes into force.
(2) The Professional Conduct Committee—
(a) may only make a disciplinary order in respect of
anything done or omitted to be done by a person before Part III of the 1996 Act
came into force if the Council could have removed his name from the Register
under section 7 of the 1931 Act (as it had effect before Part III of the 1996
Act came into force); and
(b) may not make a reprimand or penalty order in respect
of anything done or omitted to be done before Part III of the 1996 Act came
into force.
13 (1) If a person’s name was removed from the Register
under section 7 of the 1931 Act before Part III of the 1996 Act came into force,
he may at any time apply to the Board for his name to be re-entered in the
Register.
(2) If he does so, the Board may direct that his name
shall be re-entered in the Register.
(3) The Registrar shall serve on a person who applies
for his name to be re-entered in the Register under this paragraph written
notice of the decision on his application within the prescribed period after
the date of the decision.
(4) The Board may require a person whose name is
re-entered in the Register under this paragraph to pay a fee of such amount,
not exceeding the fee then payable by an applicant for registration in
pursuance of section 4, as may be prescribed.
14 If—
(a) a person’s name was removed from the Register, or the
Council determined that a person be disqualified for registration during any
period, before Part III of the 1996 Act came into force; and
(b) the period of three months from the date on which
notice of the removal or determination was served on him has not ended before
this Act comes into force,
he may appeal under section 22
against the removal or determination at any time before the end of that period.
15 Section
12(7)(c) shall have effect as if it included a reference to a period of
disqualification imposed by the Council.
Offence of practising while not registered
16 The
repeal by this Act of Schedule 2 to the 1996 Act does not affect the continued
operation of paragraphs 31 and 32 of that Schedule in relation to an offence
committed before Part III of the 1996 Act came into force.
The Education Fund
17 (1) This paragraph applies if when this Act comes into
force the assets of the Architects' Registration Council Education Fund have
not been transferred by the Board.
(2) The Board may transfer the assets of the Fund to
such person and on such terms as may be approved by the Secretary of State.
(3) The repeal by the 1996 Act of sections 1(1) and (4)
to (6), 3 and 4 of the 1969 Act shall not come into force until the transfer is
made; and until the transfer references in those provisions to the Council
shall have effect as references to the Board.
18 A
person to whom the assets of the Fund are transferred (whether under section 124
of the 1996 Act or paragraph 17) shall apply the assets, and all income arising
from the assets, for the purposes authorised in subsection (4) of section 1 of
the 1969 Act (assuming for this purpose that the reference in that subsection
to the Council were a reference to the person to whom the assets of the Fund
are transferred).
19 (1) In this Schedule—
(a) “the 1931 Act” means the [1931 c. 33.] Architects
(Registration) Act 1931;
(b) “the 1969 Act” means the [1969 c. 42.] Architects
Registration (Amendment) Act 1969; and
(c) “the 1996 Act” means the [1996 c. 53.] Housing
Grants, Construction and Regeneration Act 1996.
(2) In this Schedule—
(a) “the Council” means the Architects' Registration
Council of the United Kingdom established under the 1931 Act, which was renamed
as the Board by section 118(1) of the 1996 Act; and
(b) “the Discipline Committee” means the Discipline
Committee constituted under the 1931 Act, which was abolished by section 118(2)
of the 1996 Act.
SCHEDULE 3
Section 27
Repeals and
revocations
|
Chapter or number |
Short title or title |
Extent of repeal or revocation |
|
21 & 22 Geo. 5 c. 33. |
The Architects (Registration)
Act 1931. |
The whole Act. |
|
1 & 2 Geo. 6 c. 54. |
The Architects Registration Act
1938. |
The whole Act. |
|
S.I. 1987/1824. |
The Architects' Qualifications (EEC
Recognition) Order 1987. |
The whole instrument. |
|
S.I. 1988/2241. |
The Architects' Qualifications (EC
Recognition) Order 1988. |
The whole instrument. |
|
The Housing Grants, Construction
and Regeneration Act 1996. |
Sections 118 to 125. |
|
|
|
|
In section 148, in subsection
(2), the words “Part III (architects),” and, in subsection (3), the words
“Part III (architects), and”. |
|
|
|
Schedule 2. |
TABLE OF DERIVATIONS
Notes:
1 This Table shows the derivation of the provisions of
the consolidation.
2 The following abbreviations are used in the Table—
|
1931 |
= Architects (Registration) Act
1931 (c. 33) |
|
1938 |
= Architects Registration Act
1938 (c. 54) |
|
1987 |
= Architects' Qualifications (EEC
Recognition) Order 1987 (S.I. 1987/1824) |
|
1988 |
= Architects' Qualifications (EC
Recognition) Order 1988 (S.I. 1988/2241) |
|
1993 |
= European Economic Area Act 1993 (c. 51) |
|
1996 |
= Housing Grants, Construction
and Regeneration Act 1996 (c. 53) |
|
Provision |
Derivation |
|
1(1) |
1931 s.3(1); 1996 s.118(1),
Sch.2 para.3(2). |
|
(2) |
1931 s.3(2B); 1996 s.118(3). |
|
(3) |
— |
|
(4) |
— |
|
(5) |
— |
|
(6) |
— |
|
2 |
1931 s.4; 1996 s.119. |
|
3 |
1931 s.5A; 1996 s.120(1). |
|
4(1) to (3) |
1931 s.6(1) to (3); 1996
s.120(2). |
|
(4) to (6) |
1931 s.6(6) to (8); 1996
s.120(2). |
|
5(1) |
1931 s.6A(1), (2); 1988 art.2;
1993 s.2(1); 1996 Sch.2 para.4(2). |
|
(2) |
1931 s.6A(2)(a); 1988 art.2. |
|
(3) |
1931 s.6A(2)(a), (5), (6); 1988
art.2. |
|
(4) |
1931 s.6A(2)(b), (c); 1988 art.2;
1993 s.2(1). |
|
(5) |
1931 s.6A(3), (4); 1988 art.2;
1993 s.2(1). |
|
(6) |
1931 s.6A(7); 1988 art.2; 1993
s.2(1); 1996 Sch.2 para.4(4). |
|
(7) |
1931 s.6A(10); 1988 art.2; 1993
s.2(1). |
|
6(1) |
1931 ss.6(4)(a), 6A(1A); 1996 s.120(2),
Sch.2 para.4(3). |
|
(2) |
1931 s.6(4)(b); 1996 s.120(2). |
|
(3) |
1931 ss.6(5), 6A(1B); 1996
s.120(2), Sch.2 para.4(3). |
|
(4) |
1931 ss.6(9), 6A(8); 1988 art.2;
1996 s.120(2), Sch.2 para.4(5). |
|
(5) |
1931 s.6A(9); 1988 art.2; 1993 s.2(1);
1996 Sch.2 para.4(6). |
|
7 |
1931 s.12; Criminal Justice Act
1982 (c. 48) ss.38, 46; Fines and Penalties (Northern Ireland) Order 1984
(S.I. 1984/703 (N.I.3)) arts.5, 6; Criminal Procedure (Consequential
Provisions) (Scotland) Act 1995 (c. 40)
Sch.1 paras.5, 6; 1996 Sch.2 para.8. |
|
8 |
1931 s.6B; 1996 s.120(3). |
|
9 |
1931 s.6C; 1996 s.120(3). |
|
10(1) |
1931 s.7A(1); 1987 art.7; 1993
s.2(1); 1996 Sch.2 para.5(2). |
|
(2) |
1931 s.7A(3); 1996 Sch.2
para.5(4). |
|
11 |
1931 s.11; 1996 Sch.2 para.7. |
|
12(1) |
1938 s.1A(4); 1987 art.8; 1993
s.2(1); 1996 Sch.2 para.14(2). |
|
(2) |
1938 s.1A(4); 1987 art.8; 1993
s.2(1). |
|
(3) |
1938 s.1A(1) to (3); 1987 art.8;
1993 s.2(1); 1996 Sch.2 para.14(2). |
|
(4) |
1938 s.1A(2); 1987 art.8; 1993
s.2(1). |
|
(5) |
1938 s.1A(3); 1987 art.8; 1993
s.2(1); 1996 Sch.2 para.14(3). |
|
(6) |
1938 s.1A(5); 1987 art.8; 1993
s.2(1). |
|
(7) |
1938 s.1A(6); 1987 art.8; 1993 s.2(1);
1996 Sch.2 para.14(4). |
|
(8) |
1938 s.1A(7); 1987 art.8; 1993
s.2(1). |
|
(9) |
1938 s.1A(9); 1987 art.8; 1993
s.2(1). |
|
13 |
1931 s.7ZE; 1996 s.122. |
|
14 |
1931 s.7; 1996 s.121. |
|
15(1) to (5) |
1931 s.7ZA; 1996 s.121. |
|
(6) |
1931 s.7A(2); 1987 art.7; 1993
s.2(1); 1996 Sch.2 para.5(3). |
|
16 |
1931 s.7ZB; 1996 s.121. |
|
17 |
1931 s.7ZC; 1996 s.121. |
|
18 |
1931 s.7ZD; 1996 s.121. |
|
19 |
1938 s.1A(8); 1987 art.8; 1993
s.2(1); 1996 Sch.2 para.14(5). |
|
20(1) |
1938 s.1(1). |
|
(2) |
1938 s.1(1) proviso. |
|
(3) |
1931
s.17(1); 1938 s.1(3); 1996 s.123(4), Sch.2 para.12(2), (3). |
|
(4) |
1931 s.17(2); 1996 s.123(4). |
|
(5) |
1938 s.1A(1); 1987 art.8; 1993
s.2(1). |
|
(6) |
1938 s.4(2). |
|
(7) |
1938 s.1(1A); 1996 s.123(1). |
|
(8) |
1938 s.1(1) proviso. |
|
21(1) |
1938 s.3(1); 1996 s.123(2), (3). |
|
(2) |
1938 s.3(1) proviso. |
|
(3) |
1938 s.3(1) proviso; 1996 Sch.2
para.15(b). |
|
(4) |
1938 s.3(2); 1996 s.123(3). |
|
22 |
1931 s.9; 1996 Sch.2 para.6(2). |
|
23(1), (2) |
1931 s.13(1), (2); 1996 Sch.2
para.9. |
|
(3) |
1931 s.15; 1996 Sch.2 para.10. |
|
24(1) |
1931 s.16(1); 1996 Sch.2
para.11(2). |
|
(2) |
1931 ss.11, 16(2); 1996 Sch.2
para.11(3). |
|
25 |
|
|
“the Board” |
1931 s.2; 1996 Sch.2 para.2(2). |
|
“competent authority” |
1931 s.2; 1987 art.3; 1993
s.2(1). |
|
“the Directive” |
1931 s.2; 1987 art.3. |
|
“disciplinary order” |
1931 s.2; 1996 Sch.2 para.2(6). |
|
“disqualifying decision in
another |
1931 s.2; 1987 art.3; 1993
s.2(1). |
|
“ |
— |
|
“erasure order” |
1931 s.2; 1996 Sch.2 para.2(6). |
|
“list of visiting EEA
architects” |
— |
|
“national” |
1931 s.2; 1987 art.3. |
|
“penalty order” |
1931 s.2; 1996 Sch.2 para.2(6). |
|
“prescribed” |
1931 s.2; 1996 Sch.2 para.2(4). |
|
“prescribe” |
1931 ss.6(5), 6A(1B), 6C(1);
1996 s.120(2), (3), Sch.2 para.4(3). |
|
“the Register” |
1931 s.2; 1996 Sch.2 para.2(5). |
|
“the Registrar” |
1931 s.2; 1996 Sch.2 para.2(6). |
|
“registered person” |
1931 s.2; 1996 Sch.2 para.2(3). |
|
“suspension order” |
1931 s.2; 1996 Sch.2 para.2(6). |
|
“unacceptable professional
conduct” |
— |
|
26 |
— |
|
27 |
— |
|
28(1) |
— |
|
(2) |
— |
|
(3) |
1931 s.18(2); 1938 s.6(1); 1996
Sch.2 paras.13, 17. |
|
Sch. 1 |
|
|
paras.1 to 10 |
1931 1st Sch. paras.1 to 10;
1996 Sch.2 para.1. |
|
11 |
1931 s.4A; 1996 s.119. |
|
12 |
1931 s.3(1), (2); 1996 Sch.2
para.3(3)(b). |
|
13 to 24 |
1931 1st Sch. paras.11 to 22;
1996 Sch.2 para.1. |
|
Sch. 2 |
— |
|
Sch. 3 |
— |