Housing Grants, Construction and Regeneration Act 1996

• (5) Nothing in subsection (1) above shall be construed as affecting the persons who are to be regarded as having a disability for the purposes of section 77 of the Care Act 2014 or as disabled under ... section 17(11) of the Children Act 1989 or section 3 of the Social Services and Well-being (Wales) Act 2014 ....

Minor definitions: Part I

101

In this Part—

• “development corporation” has the same meaning as in the Housing Act 1985;

• “dwelling” means a building or part of a building occupied or intended to be occupied as a separate dwelling, together with any yard, garden, outhouses and appurtenances belonging to it or usually enjoyed with it;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “housing action trust” means a housing action trust established under Part III of the Housing Act 1988 and includes any body established by order under section 88 of the Housing Act 1988;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “introductory tenancy” and “introductory tenant” have the same meaning as in Chapter I of Part V of the Housing Act 1996;

• “local authority” and “local housing authority” have the same meaning as in the Housing Act 1985;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• ...

• “owner”, in relation to a dwelling, has the meaning given by section 99 . . . ;

• “owner’s interest”, in relation to any premises, means—an estate in fee simple absolute in possession, ora term of years absolute of which not less than five years remain unexpired at the date of the application,whether held by the applicant alone or jointly with others;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “prescribed” means prescribed by regulations made by the Secretary of State;

• “registered social landlord” has the same meaning as in Part I of the Housing Act 1996;

• “renewal area” has the same meaning as in Part VII of the Local Government and Housing Act 1989;

• “secure tenant” has the same meaning as in Part IV of the Housing Act 1985;

• “statutory tenant” means a statutory tenant within the meaning of the Rent Act 1977 or the Rent (Agriculture) Act 1976;

• “tenancy” includes a sub-tenancy and an agreement for a tenancy or sub-tenancy;

• “tenant” includes a sub-tenant and any person deriving title under the original tenant or sub-tenant;

• “urban development corporation” has the same meaning as in the Housing Act 1985 and includes any body established by order under section 165B of the Local Government, Planning and Land Act 1980.

Transitional and consequential provisions

Transitional provisions

102

• (1) The provisions of Chapter 1 of this Part have effect in place of Part VIII of the Local Government and Housing Act 1989 (grants towards cost of improvements and repairs, &c.).

• (2) Subject as follows, the provisions of that Part continue to apply to applications for grant of the descriptions mentioned in section 101 of that Act made before the commencement of this Part.

• (3) Sections 112 and 113 of that Act (which require a local housing authority to approve certain grant applications) do not apply to an application under that Part made after 2nd February 1996 which has not been approved or refused before the commencement of this Part, unless—

• (a) the six month period under section 116(1) of that Act (period within which applicant to be notified of decision) has elapsed before commencement, or

• (b) the works were begun on or before 2nd February 1996—

• (i) in an emergency, or

• (ii) in order to comply with a notice under section 189, 190 or 352 of the Housing Act 1985.

• (4) An application to which section 112 or 113 of the Local Government and Housing Act 1989 would have applied but for subsection (3) above shall be dealt with after the commencement of this Part as if those sections were omitted from Part VIII of that Act.

• (5) The above provisions do not affect the power conferred by section 150(4) to make transitional provision and savings in relation to the commencement of this Part, including provision supplementary or incidental to the above provisions.

Supplementary and incidental provision may, in particular, be made adapting the provisions of Part VIII of that Act in the case of applications to which section 112 or 113 would have applied but for the above provisions.

Consequential amendments: Part I

103

The enactments mentioned in Schedule 1 have effect with the amendments specified there which are consequential on the provisions of this Part.

Part II — Construction contracts

Introductory provisions

Construction contracts

104

• (1) In this Part a “construction contract” means an agreement with a person for any of the following—

• (a) the carrying out of construction operations;

• (b) arranging for the carrying out of construction operations by others, whether under sub-contract to him or otherwise;

• (c) providing his own labour, or the labour of others, for the carrying out of construction operations.

• (2) References in this Part to a construction contract include an agreement—

• (a) to do architectural, design, or surveying work, or

• (b) to provide advice on building, engineering, interior or exterior decoration or on the laying-out of landscape,

in relation to construction operations.

• (3) References in this Part to a construction contract do not include a contract of employment (within the meaning of the Employment Rights Act 1996).

• (4) The Secretary of State may by order add to, amend or repeal any of the provisions of subsection (1), (2) or (3) as to the agreements which are construction contracts for the purposes of this Part or are to be taken or not to be taken as included in references to such contracts.

No such order shall be made unless a draft of it has been laid before and approved by a resolution of each of House of Parliament.

• (5) Where an agreement relates to construction operations and other matters, this Part applies to it only so far as it relates to construction operations.

An agreement relates to construction operations so far as it makes provision of any kind within subsection (1) or (2).

• (6) This Part applies only to construction contracts which—

• (a) are entered into after the commencement of this Part, and

• (b) relate to the carrying out of construction operations in England, Wales or Scotland.

• (7) This Part applies whether or not the law of England and Wales or Scotland is otherwise the applicable law in relation to the contract.

Meaning of “construction operations”

105

• (1) In this Part “construction operations” means, subject as follows, operations of any of the following descriptions—

• (a) construction, alteration, repair, maintenance, extension, demolition or dismantling of buildings, or structures forming, or to form, part of the land (whether permanent or not);

• (b) construction, alteration, repair, maintenance, extension, demolition or dismantling of any works forming, or to form, part of the land, including (without prejudice to the foregoing) walls, roadworks, power-lines, electronic communications apparatus, aircraft runways, docks and harbours, railways, inland waterways, pipe-lines, reservoirs, water-mains, wells, sewers, industrial plant and installations for purposes of land drainage, coast protection or defence;

• (c) installation in any building or structure of fittings forming part of the land, including (without prejudice to the foregoing) systems of heating, lighting, air-conditioning, ventilation, power supply, drainage, sanitation, water supply or fire protection, or security or communications systems;

• (d) external or internal cleaning of buildings and structures, so far as carried out in the course of their construction, alteration, repair, extension or restoration;

• (e) operations which form an integral part of, or are preparatory to, or are for rendering complete, such operations as are previously described in this subsection, including site clearance, earth-moving, excavation, tunnelling and boring, laying of foundations, erection, maintenance or dismantling of scaffolding, site restoration, landscaping and the provision of roadways and other access works;

• (f) painting or decorating the internal or external surfaces of any building or structure.

• (2) The following operations are not construction operations within the meaning of this Part—

• (a) drilling for, or extraction of, oil or natural gas;

• (b) extraction (whether by underground or surface working) of minerals; tunnelling or boring, or construction of underground works, for this purpose;

• (c) assembly, installation or demolition of plant or machinery, or erection or demolition of steelwork for the purposes of supporting or providing access to plant or machinery, on a site where the primary activity is—

• (i) nuclear processing, power generation, or water or effluent treatment, or

• (ii) the production, transmission, processing or bulk storage (other than warehousing) of chemicals, pharmaceuticals, oil, gas, steel or food and drink;

• (d) manufacture or delivery to site of—

• (i) building or engineering components or equipment,

• (ii) materials, plant or machinery, or

• (iii) components for systems of heating, lighting, air-conditioning, ventilation, power supply, drainage, sanitation, water supply or fire protection, or for security or communications systems,

except under a contract which also provides for their installation;

• (e) the making, installation and repair of artistic works, being sculptures, murals and other works which are wholly artistic in nature.

• (3) The Secretary of State may by order add to, amend or repeal any of the provisions of subsection (1) or (2) as to the operations and work to be treated as construction operations for the purposes of this Part.

• (4) No such order shall be made unless a draft of it has been laid before and approved by a resolution of each House of Parliament.

Provisions not applicable to contract with residential occupier

106

• (1) This Part does not apply—

• (a) to a construction contract with a residential occupier (see below), or

• (b) to any other description of construction contract excluded from the operation of this Part by order of the Secretary of State.

• (2) A construction contract with a residential occupier means a construction contract which principally relates to operations on a dwelling which one of the parties to the contract occupies, or intends to occupy, as his residence.

In this subsection “dwelling” means a dwelling-house or a flat; and for this purpose—

• “dwelling-house” does not include a building containing a flat; and

• “flat” means separate and self-contained premises constructed or adapted for use for residential purposes and forming part of a building from some other part of which the premises are divided horizontally.

• (3) The Secretary of State may by order amend subsection (2).

• (4) No order under this section shall be made unless a draft of it has been laid before and approved by a resolution of each House of Parliament.

Provisions applicable only to agreements in writing

107

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Adjudication

Right to refer disputes to adjudication

108

• (1) A party to a construction contract has the right to refer a dispute arising under the contract for adjudication under a procedure complying with this section.

For this purpose “dispute” includes any difference.

• (2) The contract shall include provision in writing so as to —

• (a) enable a party to give notice at any time of his intention to refer a dispute to adjudication;

• (b) provide a timetable with the object of securing the appointment of the adjudicator and referral of the dispute to him within 7 days of such notice;

• (c) require the adjudicator to reach a decision within 28 days of referral or such longer period as is agreed by the parties after the dispute has been referred;

• (d) allow the adjudicator to extend the period of 28 days by up to 14 days, with the consent of the party by whom the dispute was referred;

• (e) impose a duty on the adjudicator to act impartially; and

• (f) enable the adjudicator to take the initiative in ascertaining the facts and the law.

• (3) The contract shall provide in writing that the decision of the adjudicator is binding until the dispute is finally determined by legal proceedings, by arbitration (if the contract provides for arbitration or the parties otherwise agree to arbitration) or by agreement.

The parties may agree to accept the decision of the adjudicator as finally determining the dispute.

• (3A) The contract shall include provision in writing permitting the adjudicator to correct his decision so as to remove a clerical or typographical error arising by accident or omission.

• (4) The contract shall also provide in writing that the adjudicator is not liable for anything done or omitted in the discharge or purported discharge of his functions as adjudicator unless the act or omission is in bad faith, and that any employee or agent of the adjudicator is similarly protected from liability.

• (5) If the contract does not comply with the requirements of subsections (1) to (4), the adjudication provisions of the Scheme for Construction Contracts apply.

• (6) For England and Wales, the Scheme may apply the provisions of the Arbitration Act 1996 with such adaptations and modifications as appear to the Minister making the scheme to be appropriate.

For Scotland, the Scheme may include provision conferring powers on courts in relation to adjudication and provision relating to the enforcement of the adjudicator’s decision.

Payment

Entitlement to stage payments

109

• (1) A party to a construction contract is entitled to payment by instalments, stage payments or other periodic payments for any work under the contract unless—

• (a) it is specified in the contract that the duration of the work is to be less than 45 days, or

• (b) it is agreed between the parties that the duration of the work is estimated to be less than 45 days.

• (2) The parties are free to agree the amounts of the payments and the intervals at which, or circumstances in which, they become due.

• (3) In the absence of such agreement, the relevant provisions of the Scheme for Construction Contracts apply.

• (4) References in the following sections to a payment provided for by the contract include a payment by virtue of this section.

Dates for payment

110

• (1) Every construction contract shall—

• (a) provide an adequate mechanism for determining what payments become due under the contract, and when, and

• (b) provide for a final date for payment in relation to any sum which becomes due.

The parties are free to agree how long the period is to be between the date on which a sum becomes due and the final date for payment.

• (1A) The requirement in subsection (1)(a) to provide an adequate mechanism for determining what payments become due under the contract, or when, is not satisfied where a construction contract makes payment conditional on—

• (a) the performance of obligations under another contract, or

• (b) a decision by any person as to whether obligations under another contract have been performed.

• (1B) In subsection (1A)(a) and (b) the references to obligations do not include obligations to make payments (but see section 113).

• (1C) Subsection (1A) does not apply where—

• (a) the construction contract is an agreement between the parties for the carrying out of construction operations by another person, whether under sub-contract or otherwise, and

• (b) the obligations referred to in that subsection are obligations on that other person to carry out those operations.

• (1D) The requirement in subsection (1)(a) to provide an adequate mechanism for determining when payments become due under the contract is not satisfied where a construction contract provides for the date on which a payment becomes due to be determined by reference to the giving to the person to whom the payment is due of a notice which relates to what payments are due under the contract.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) If or to the extent that a contract does not contain such provision as is mentioned in subsection (1) ..., the relevant provisions of the Scheme for Construction Contracts apply.

Notice of intention to withhold payment

111

• (1) Subject as follows, where a payment is provided for by a construction contract, the payer must pay the notified sum (to the extent not already paid) on or before the final date for payment.

• (2) For the purposes of this section, the “notified sum” in relation to any payment provided for by a construction contract means—

• (a) in a case where a notice complying with section 110A(2) has been given pursuant to and in accordance with a requirement of the contract, the amount specified in that notice;

• (b) in a case where a notice complying with section 110A(3) has been given pursuant to and in accordance with a requirement of the contract, the amount specified in that notice;

• (c) in a case where a notice complying with section 110A(3) has been given pursuant to and in accordance with section 110B(2), the amount specified in that notice.

• (3) The payer or a specified person may in accordance with this section give to the payee a notice of the payer's intention to pay less than the notified sum.

• (4) A notice under subsection (3) must specify—

• (a) the sum that the payer considers to be due on the date the notice is served, and

• (b) the basis on which that sum is calculated.

It is immaterial for the purposes of this subsection that the sum referred to in paragraph (a) or (b) may be zero.

• (5) A notice under subsection (3)—

• (a) must be given not later than the prescribed period before the final date for payment, and

• (b) in a case referred to in subsection (2)(b) or (c), may not be given before the notice by reference to which the notified sum is determined.

• (6) Where a notice is given under subsection (3), subsection (1) applies only in respect of the sum specified pursuant to subsection (4)(a).

• (7) In subsection (5), “prescribed period” means—

• (a) such period as the parties may agree, or

• (b) in the absence of such agreement, the period provided by the Scheme for Construction Contracts.

• (8) Subsection (9) applies where in respect of a payment—

• (a) a notice complying with section 110A(2) has been given pursuant to and in accordance with a requirement of the contract (and no notice under subsection (3) is given), or

• (b) a notice under subsection (3) is given in accordance with this section,

but on the matter being referred to adjudication the adjudicator decides that more than the sum specified in the notice should be paid.

• (9) In a case where this subsection applies, the decision of the adjudicator referred to in subsection (8) shall be construed as requiring payment of the additional amount not later than—

• (a) seven days from the date of the decision, or

• (b) the date which apart from the notice would have been the final date for payment,

whichever is the later.

• (10) Subsection (1) does not apply in relation to a payment provided for by a construction contract where—

• (a) the contract provides that, if the payee becomes insolvent the payer need not pay any sum due in respect of the payment, and

• (b) the payee has become insolvent after the prescribed period referred to in subsection (5)(a).

• (11) Subsections (2) to (5) of section 113 apply for the purposes of subsection (10) of this section as they apply for the purposes of that section.

Right to suspend performance for non-payment

112

• (1) Where the requirement in section 111(1) applies in relation to any sum but is not complied with,, the person to whom the sum is due has the right (without prejudice to any other right or remedy) to suspend performance of any or all of his obligations under the contract to the party by whom payment ought to have been made (“the party in default”).

• (2) The right may not be exercised without first giving to the party in default at least seven days’ notice of intention to suspend performance, stating the ground or grounds on which it is intended to suspend performance.

• (3) The right to suspend performance ceases when the party in default makes payment in full of the sum referred to in subsection (1).

• (3A) Where the right conferred by this section is exercised, the party in default shall be liable to pay to the party exercising the right a reasonable amount in respect of costs and expenses reasonably incurred by that party as a result of the exercise of the right.

• (4) Any period during which performance is suspended in pursuance of , or in consequence of the exercise of, the right conferred by this section shall be disregarded in computing for the purposes of any contractual time limit the time taken, by the party exercising the right or by a third party, to complete any work directly or indirectly affected by the exercise of the right.

Where the contractual time limit is set by reference to a date rather than a period, the date shall be adjusted accordingly.

Prohibition of conditional payment provisions

113

• (1) A provision making payment under a construction contract conditional on the payer receiving payment from a third person is ineffective, unless that third person, or any other person payment by whom is under the contract (directly or indirectly) a condition of payment by that third person, is insolvent.

• (2) For the purposes of this section a company becomes insolvent—

• (a) when it enters administration within the meaning of Schedule B1 to the Insolvency Act 1986,

• (b) on the appointment of an administrative receiver or a receiver or manager of its property under Chapter I of Part III of that Act, or the appointment of a receiver under Chapter II of that Part,

• (c) on the passing of a resolution for voluntary winding-up without a declaration of solvency under section 89 of that Act, or

• (d) on the making of a winding-up order under Part IV or V of that Act.

• (3) For the purposes of this section a partnership becomes insolvent—

• (a) on the making of a winding-up order against it under any provision of the Insolvency Act 1986 as applied by an order under section 420 of that Act, or

• (b) when sequestration is awarded on the estate of the partnership under section 22 of the Bankruptcy (Scotland) Act 2016 or the partnership grants a trust deed for its creditors.

• (4) For the purposes of this section an individual becomes insolvent—

• (a) on the making of a bankruptcy order against him under Part IX of the Insolvency Act 1986, or

• (b) on the sequestration of his estate under the Bankruptcy (Scotland) Act 2016 or when he grants a trust deed for his creditors.

• (5) A company, partnership or individual shall also be treated as insolvent on the occurrence of any event corresponding to those specified in subsection (2), (3) or (4) under the law of Northern Ireland or of a country outside the United Kingdom.

• (6) Where a provision is rendered ineffective by subsection (1), the parties are free to agree other terms for payment.

In the absence of such agreement, the relevant provisions of the Scheme for Construction Contracts apply.

Supplementary provisions

The Scheme for Construction Contracts

114

• (1) The Minister shall by regulations make a scheme (“the Scheme for Construction Contracts”) containing provision about the matters referred to in the preceding provisions of this Part.

• (2) Before making any regulations under this section the Minister shall consult such persons as he thinks fit.

• (3) In this section “the Minister” means—

• (a) for England and Wales, the Secretary of State, and

• (b) for Scotland, the Lord Advocate.

• (4) Where any provisions of the Scheme for Construction Contracts apply by virtue of this Part in default of contractual provision agreed by the parties, they have effect as implied terms of the contract concerned.

• (5) Regulations under this section shall not be made unless a draft of them has been approved by resolution of each House of Parliament.

Service of notices, &c

115

• (1) The parties are free to agree on the manner of service of any notice or other document required or authorised to be served in pursuance of the construction contract or for any of the purposes of this Part.

• (2) If or to the extent that there is no such agreement the following provisions apply.

• (3) A notice or other document may be served on a person by any effective means.

• (4) If a notice or other document is addressed, pre-paid and delivered by post—

• (a) to the addressee’s last known principal residence or, if he is or has been carrying on a trade, profession or business, his last known principal business address, or

• (b) where the addressee is a body corporate, to the body’s registered or principal office,

it shall be treated as effectively served.

• (5) This section does not apply to the service of documents for the purposes of legal proceedings, for which provision is made by rules of court.

• (6) References in this Part to a notice or other document include any form of communication in writing and references to service shall be construed accordingly.

Reckoning periods of time

116

• (1) For the purposes of this Part periods of time shall be reckoned as follows.

• (2) Where an act is required to be done within a specified period after or from a specified date, the period begins immediately after that date.

• (3) Where the period would include Christmas Day, Good Friday or a day which under the Banking and Financial Dealings Act 1971 is a bank holiday in England and Wales or, as the case may be, in Scotland, that day shall be excluded.

Crown application

117

• (1) This Part applies to a construction contract entered into by or on behalf of the Crown otherwise than by or on behalf of Her Majesty in her private capacity.

• (2) This Part applies to a construction contract entered into on behalf of the Duchy of Cornwall notwithstanding any Crown interest.

• (3) Where a construction contract is entered into by or on behalf of Her Majesty in right of the Duchy of Lancaster, Her Majesty shall be represented, for the purposes of any adjudication or other proceedings arising out of the contract by virtue of this Part, by the Chancellor of the Duchy or such person as he may appoint.

• (4) Where a construction contract is entered into on behalf of the Duchy of Cornwall, the Duke of Cornwall or the possessor for the time being of the Duchy shall be represented, for the purposes of any adjudication or other proceedings arising out of the contract by virtue of this Part, by such person as he may appoint.

Part III

The Architects Registration Board

The Board and its committees

118

• (1) The Architects’ Registration Council of the United Kingdom established under the Architects (Registration) Act 1931 (“the 1931 Act”) shall be known as the Architects Registration Board.

• (2) The Board of Architectural Education, the Admission Committee and the Discipline Committee constituted under the 1931 Act are abolished.

• (3) In section 3 of the 1931 Act (constitution and functions of Architects’ Registration Council), after subsection (2) insert—

(2A) Part I of the First Schedule to this Act makes provision about the constitution and proceedings of the Board. (2B) There shall be a Professional Conduct Committee of the Board and Part II of that Schedule makes provision about its constitution and proceedings. (2C) Part III of that Schedule gives to the Board power to establish other committees and makes provision about their constitution and proceedings. (2D) Part IV of that Schedule makes general provision about the Board and its committees.

.

• (4) For the First Schedule to the 1931 Act (constitution of Council) substitute the Schedule set out in Part I of Schedule 2.

Registrar and staff

119

For section 4 of the 1931 Act substitute—

(4) (1) The Board shall appoint a person to be known as the Registrar of Architects. (2) The Board shall determine 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. (4) The Board may, in addition to paying to the Registrar a salary or fees— (a) pay pensions to or in respect of him or make contributions to the payment of such pensions; and (b) pay him allowances, expenses and gratuities. (4A) (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— (a) pay pensions to or in respect of them or make contributions to the payment of such pensions; and (b) pay them allowances, expenses and gratuities.

.

Registration and discipline

Registration

120

• (1) Before section 6 of the 1931 Act insert—

(5A) (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. (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 annually the current version of the Register and a copy of the most recently published version of the Register shall be provided to any person who requests one on payment of a reasonable charge determined by the Board. (5) A copy of the Register purporting to be published by the Board shall be evidence (and, in Scotland, sufficient evidence) of any matter mentioned in it. (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 Scotland, sufficient evidence) of any matter stated.

.

• (2) For section 6 of the 1931 Act substitute—

(6) (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 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. (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) The Board may require— (a) an applicant for registration in pursuance of this section; and (b) a candidate for any examination under subsection (2), to pay a fee of a prescribed amount. (5) The Board may by rules prescribe the information and evidence to be furnished to the Registrar in connection with an application for registration in pursuance of this section. (6) 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, he shall enter his name in the Register; but (b) if the Registrar is not so satisfied, he shall refer the application to the Board. (7) 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. (8) Where a person’s application is referred to the Board under subsection (6) or (7), the Board shall direct the Registrar to enter the person’s name in the Register if the Board is satisfied that the person is entitled to be registered. (9) The Registrar shall serve on an applicant for registration in pursuance of this section written notice of the decision on his application— (a) where the application is made on the ground that he satisfies subsection (1)(a), within three months of his application being duly made; and (b) where the application is made on the ground that he satisfies subsection (1)(b), within six months of his application being duly made.

.

• (3) After section 6A of the 1931 Act insert—

(6B) (1) The Board may require a registered person to pay a fee (in this section referred to as a “retention fee”) of a prescribed amount if he wishes his name to be retained in 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 the Register. (3) Where a person whose name has been removed from 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 the Register (without his having to make an application under section 6 or 6A); and (b) if the Board so directs, it shall be treated as having been re-entered on the date on which it was removed. (6C) (1) Where the Board is not satisfied that a person who— (a) applies for registration in pursuance of section 6 or 6A; (b) wishes his name to be retained or re-entered in the Register under section 6B; or (c) applies for his name to be re-entered in the Register under section 7ZD, has gained such recent practical experience as rules made by the Board require a person to have gained before he is entitled to have his name entered, retained or re-entered in the Register, his name shall not be so entered or re-entered, or shall be removed, 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, the Register, the Registrar shall serve on him written notice of the decision within the prescribed period after the date of the decision.

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Discipline

121

For section 7 of the 1931 Act substitute—

(7) (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 on him written notice 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. (7ZA) (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 the person 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. (7ZB) (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 7ZA, 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. (7ZC) 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. (7ZD) (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.

.

Code of practice

122

After section 7ZD of the 1931 Act insert—

(7ZE) (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 7. (5) The Board shall provide a copy of the code to any person who requests one on payment of a reasonable charge determined by the Board (and may provide a copy free of charge whenever it considers appropriate).

.

Miscellaneous

Offence of practising while not registered

123

• (1) In section 1 (prohibition on practising or carrying on business under title of architect by person who is not registered) of the Architects Registration Act 1938 (“the 1938 Act”), after subsection (1) insert—

(1A) In this Act (and in section 17 of the principal Act) “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.

.

• (2) In section 3 of the 1938 Act (offence of practising while not registered), for the words from “to a fine" to “therefor:" substitute “ to a fine not exceeding level 4 on the standard scale: ”.

• (3) Re-number that section as subsection (1) of that section and after that subsection as so renumbered insert—

(2) In relation to an offence under subsection (1)— (a) section 127(1) of the Magistrates’ Courts Act 1980 (information to be laid within six months of offence); (b) Article 19(1) of the Magistrates’ Courts (Northern Ireland) Order 1981 (complaint to be made within that time); and (c) section 136(1) of the Criminal Procedure (Scotland) Act 1995 (proceedings to be commenced within that time), shall have effect as if for the references in them to six months there were substituted references to two years.

.

• (4) Re-number section 17 of the 1931 Act (defence for certain bodies corporate, firms and partnerships) as subsection (1) of that section and after that subsection as so renumbered insert—

(2) The Board may by rules provide that subsection (1) 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.

.

The Education Fund

124

• (1) No fees received under the 1931 Act shall be credited to the Architects’ Registration Council Education Fund (“the Fund”) constituted under the Architects Registration (Amendment) Act 1969 (“the 1969 Act”).

• (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) A person to whom the assets of the Fund are transferred under subsection (2) 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).

Supplementary

125

• (1) The amendments made by Part II of Schedule 2, and the transitional provisions and savings in Part III of that Schedule, shall have effect.

• (2) In this Part—

• “the 1931 Act” means the Architects (Registration) Act 1931,

• “the 1938 Act” means the Architects Registration Act 1938, and

• “the 1969 Act” means the Architects Registration (Amendment) Act 1969.

• (3) In this Part “the Fund” means the Architects’ Registration Council Education Fund.

• (4) The 1931 Act, the 1938 Act and this Part may be cited together as the Architects Acts 1931 to 1996.

Part IV — Grants &c. for regeneration, development and relocation

Financial assistance for regeneration and development

Power of Secretary of State to give financial assistance for regeneration and development

126

• (1) The Secretary of State may, with the consent of the Treasury, give financial assistance to any person in respect of expenditure incurred in connection with activities which contribute to the regeneration or development of an area.

• (2) Activities which contribute to the regeneration or development of an area include, in particular—

• (a) securing that land and buildings are brought into effective use;

• (b) contributing to, or encouraging, economic development;

• (c) creating an attractive and safe environment;

• (d) preventing crime or reducing the fear of crime;

• (e) providing or improving housing or social and recreational facilities, for the purpose of encouraging people to live or work in the area or of benefiting people who live there;

• (f) providing employment for local people;

• (g) providing or improving training, educational facilities or health services for local people;

• (h) assisting local people to make use of opportunities for education, training or employment;

• (i) benefiting local people who have special needs because of disability or because of their sex or the racial group to which they belong.

• (3) In subsection (2)—

• “local people”, in relation to an area, means people who live or work in the area; and

• “racial group” has the same meaning as in section 9 of the Equality Act 2010.

Regeneration and development: forms of assistance

127

• (1) Financial assistance under section 126 (powers of Secretary of State to give financial assistance) may be given in any form.

• (2) Assistance may, in particular, be given by way of—

• (a) grants,

• (b) loans,

• (c) guarantees, or

• (d) incurring expenditure for the benefit of the person assisted.

• (3) The Secretary of State must not, in giving financial assistance under section 126, purchase loan or share capital in a company.

Regeneration and development: terms on which assistance is given

128

• (1) Financial assistance under section 126 may be given on such terms as the Secretary of State, with the consent of the Treasury, considers appropriate.

• (2) The terms may, in particular, include provision as to—

• (a) circumstances in which the assistance is to be repaid, or otherwise made good, to the Secretary of State, and the manner in which that is to be done; or

• (b) circumstances in which the Secretary of State is entitled to recover the proceeds or part of the proceeds of any disposal of land or buildings in respect of which assistance was provided.

• (3) The person receiving assistance must comply with the terms on which it is given, and compliance may be enforced by the Secretary of State.

Regeneration and development: consequential amendment

129

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Regeneration and development: Welsh Development Agency

130

• (1) In the Welsh Development Agency Act 1975, after section 10 insert—

(10A) (1) The Secretary of State may appoint the Agency to act as his agent in connection with such of his functions mentioned in subsection (2) below as he may specify. (2) The functions are— (a) functions under sections 126 to 128 of the Housing Grants, Construction and Regeneration Act 1996 (financial assistance for regeneration and development), so far as they relate to— (i) financial assistance which the Agency has power to give apart from this section; or (ii) financial assistance given under that Act in pursuance of an agreement entered into by the Secretary of State for Wales before the coming into force of this section, or (b) functions of the Secretary of State in relation to financial assistance given by the Secretary of State for Wales under sections 27 to 29 of the Housing and Planning Act 1986. (3) An appointment under this section shall be on such terms as the Secretary of State, with the approval of the Treasury, may specify; and the Agency shall act under the appointment in accordance with those terms. (4) The Agency’s powers in relation to functions under an appointment under this section include the powers it has in relation to functions under subsection (3) of section 1 by virtue of subsections (6) and (7) of that section.

• (2) In section 2(8) of that Act, after “declared that" insert “ , except as provided by section 10A below, ”.

Relocation grants in clearance areas

Resolution by local housing authority to pay relocation grants

131

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Relocation grants: applications and payments

132

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Relocation grants: qualifying persons and qualifying dwellings

133

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Relocation grants: amount

134

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Relocation grants: condition for repayment on disposal

135

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Relocation grants: conditions as to owner-occupation

136

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Relocation grants: cessation of conditions on repayment of grant, &c

137

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Relocation grants: liability to repay is a charge on dwelling

138

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Relocation grants: contributions by the Secretary of State

139

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Minor definitions relating to relocation grants

140

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part V — Miscellaneous and general provisions

Miscellaneous provisions

Existing housing grants: meaning of exempt disposal

141

• (1) Section 124 of the Local Government and Housing Act 1989 (relevant and exempt disposals for purposes of housing grants) is amended as follows.

• (2) In subsection (3) (exempt disposals), for paragraph (c) substitute—

(c) a disposal of the whole of the dwelling in pursuance of any such order as is mentioned in subsection (4A) below;

.

• (3) After subsection (4) insert—

(4A) The orders referred to in subsection (3)(c) above are orders under— (a) section 24 or 24A of the Matrimonial Causes Act 1973 (property adjustment orders or orders for the sale of property in connection with matrimonial proceedings), (b) section 2 of the Inheritance (Provision for Family and Dependants) Act 1975 (orders as to financial provision to be made from estate), (c) section 17 of the Matrimonial and Family Proceedings Act 1984 (property adjustment orders or orders for the sale of property after overseas divorce, &c.), or (d) paragraph 1 of Schedule 1 to the Children Act 1989 (orders for financial relief against parents);

.

Home energy efficiency schemes

142

• (1) In section 15 of the Social Security Act 1990 (grants for the improvement of energy efficiency in certain dwellings, &c.) for subsection (1) (power to make grants) substitute—

(1) The Secretary of State may make or arrange for the making of grants— (a) towards the cost of carrying out work for the purpose of— (i) improving the thermal insulation of dwellings, or (ii) otherwise reducing or preventing the wastage of energy in dwellings (whether in connection with space or water heating, lighting, the use of domestic appliances or otherwise), and (b) where any such work is, or is to be, carried out, towards the cost of providing persons with advice on reducing or preventing the wastage of energy in dwellings; but no grants shall be made under this section except in accordance with regulations made by the Secretary of State.

.

• (2) In subsection (10) of that section, after the definition of “functions”, insert—

• “materials” includes space and water heating systems;

.

Urban development corporations: pre-dissolution transfers

143

• (1) After section 165A of the Local Government, Planning and Land Act 1980 insert—

(165B) (1) Subject to this section, the Secretary of State may at any time by order transfer to a statutory body, upon such terms as he thinks fit, any property, rights or liabilities which— (a) are for the time being vested in an urban development corporation, and (b) are not proposed to be transferred under section 165 or 165A above. (2) An order under this section may terminate— (a) any appointment of the corporation under subsection (1) of section 177 of the Leasehold Reform, Housing and Urban Development Act 1993 (power of corporations to act as agents of the Urban Regeneration Agency); and (b) any arrangements made by the corporation under subsection (2) of that section. (3) An order under this section may— (a) establish new bodies corporate to receive any property, rights or liabilities to be transferred by an order under this section; (b) amend, repeal or otherwise modify any enactment for the purpose of enabling any body established under any enactment to receive such property, rights or liabilities. (4) An order under this section— (a) may contain such incidental, consequential, transitional or supplementary provision as the Secretary of State thinks necessary or expedient (including provisions amending, repealing or otherwise modifying any enactment); and (b) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament. (5) Before making an order under this section, the Secretary of State shall consult each local authority in whose area all or part of the urban development area is situated. (6) In this section— - “enactment” includes any instrument made under any enactment; - “statutory body” means any body established under this section or any other enactment.

.

• (2) In consequence of the above amendment, the Local Government, Planning and Land Act 1980 is amended as follows.

• (3) In section 165(9) (meaning of local authority) for “sections 165A and 166" substitute “ sections 165A to 166 ”.

• (4) In section 165A(1) (power of Secretary of State to transfer property &c. to himself) for paragraph (b) substitute—

(b) are not proposed to be transferred under section 165 above or 165B below.

.

• (5) In section 166(5) (dissolution of corporations) after “section 165A" insert “ or 165B ”.

Housing action trusts: orders for dissolution

144

• (1) Section 88 of the Housing Act 1988 (dissolution of housing action trusts) is amended as follows.

• (2) In subsection (4) (contents of dissolution orders) after paragraph (a) insert—

(aa) where it provides for any such disposal or transfer as is mentioned in subsection (2)(b) above, may contain provisions— (i) establishing new bodies corporate to receive the disposal or transfer; or (ii) amending, repealing or otherwise modifying any enactment for the purpose of enabling any body established under any enactment to receive the disposal or transfer;

.

• (3) In paragraph (b) of that subsection (supplementary and transitional provisions) for the words from “any enactment", where it first appears, to “order" substitute “ , repealing or otherwise modifying any enactment ”.

• (4) After that subsection insert—

(5) In this section “enactment” includes any instrument made under any enactment.

.

The Commission for the New Towns: orders for dissolution

145

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

General provisions

Orders, regulations and directions

146

• (1) Orders, regulations and directions under this Act may make different provision for different cases or descriptions of case, including different provision for different areas.

• (2) Orders and regulations under this Act may contain such incidental, supplementary or transitional provisions and savings as the the authority making them considers appropriate.

• (3) Orders and regulations under this Act shall be made by statutory instrument which, except for—

• (a) orders and regulations subject to affirmative resolution procedure (see sections 104(4), 105(4), 106(4) , 106A and 114(5)),

• (b) orders under section 150(3), or

• (c) regulations which only prescribe forms or particulars to be contained in forms,

shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Repeals and revocations

147

The enactments specified in Schedule 3 are repealed or revoked to the extent specified.

Extent

148

• (1) The provisions of this Act extend to England and Wales.

• (2) The following provisions of this Act extend to Scotland—

• Part II (construction contracts),

• . . .

• sections 126 to 128 (financial assistance for regeneration and development), and

• Part V (miscellaneous and general provisions), except—

• (i) sections 141, 144 and 145 (which amend provisions which do not extend to Scotland), and

• (ii) Part I of Schedule 3 (repeals consequential on provisions not extending to Scotland).

• (3) The following provisions of this Act extend to Northern Ireland—

• . . .

• Part V (miscellaneous and general provisions), except—

• (i) sections 142 to 145 (home energy efficiency schemes and residuary bodies), and

• (ii) Parts I and III of Schedule 3 (repeals consequential on provisions not extending to Northern Ireland).

• (4) Except as otherwise provided, any amendment or repeal by this Act of an enactment has the same extent as the enactment amended or repealed.

Corresponding provision for Northern Ireland

149

An Order in Council under paragraph 1(1)(b) of Schedule 1 to the Northern Ireland Act 1974 (legislation for Northern Ireland in the interim period) which states that it is made only for purposes corresponding to those of Part II (construction contracts) or section 142 (home energy efficiency schemes)—

• (a) shall not be subject to paragraph 1(4) and (5) of that Schedule (affirmative resolution of both Houses of Parliament), but

• (b) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Commencement

150

• (1) The following provisions of this Act come into force on Royal Assent—

• section 146 (orders, regulations and directions),

• sections 148 to 151 (extent, commencement and other general provisions).

• (2) The following provisions of this Act come into force at the end of the period of two months beginning with the date on which this Act is passed—

• sections 126 to 130 (financial assistance for regeneration and development),

• section 141 (existing housing grants: meaning of exempt disposal),

• section 142 (home energy efficiency schemes),

• sections 143 to 145 (residuary bodies),

• Part III of Schedule 3 (repeals consequential on Part IV) and section 147 so far as relating to that Part.

• (3) The other provisions of this Act come into force on a day appointed by order of the Secretary of State, and different days may be appointed for different areas and different purposes.

• (4) The Secretary of State may by order under subsection (3) make such transitional provision and savings as appear to him to be appropriate in connection with the coming into force of any provision of this Act.

Short title

151

This Act may be cited as the Housing Grants, Construction and Regeneration Act 1996.

SCHEDULE 1

Rent Act 1977 (c. 42)

1

• (1) Section 116 of the Rent Act 1977 (court order where tenant unwilling to consent to works) is amended as follows.

• (2) In subsection (2), omit “any of paragraphs (a) to (c) of".

• (3) For subsection (3) substitute—

(3) The condition is that the works were specified in an application for a renovation grant, a common parts grant, a disabled facilities grant or an HMO grant under Chapter I of Part I of the Housing Grants, Construction and Regeneration Act 1996 and the application has been approved.

.

• (4) In subsection (5), for the words from “under section 512(2)" to the end, substitute “ under section 37 of the Housing Grants, Construction and Regeneration Act 1996. ”.

Housing Act 1985 (c. 68)

2

In section 47(4) of the Housing Act 1985 (limitation of service charges: deduct amount of grant), for the words from “Part XV" to “or conversion)" substitute “ section 523 of the Housing Act 1985 (assistance for provision of separate service pipe for water supply) or any provision of Part I of the Housing Grants, Construction and Regeneration Act 1996 (grants, &c. for renewal of private sector housing) or any corresponding earlier enactment ”.

3

In section 48(3A) of the Housing Act 1985 (information as to relevant costs: grant), for the words from “Part XV" to the end substitute “ section 523 of the Housing Act 1985 (assistance for provision of separate service pipe for water supply) or any provision of Chapter I of Part I of the Housing Grants, Construction and Regeneration Act 1996 (grants for renewal of private sector housing) or any corresponding earlier enactment ”.

4

• (1) In section 100(2) of the Housing Act 1985 (power to reimburse cost of tenant’s improvements; grant), for “improvement grant" to “Part XV" substitute “ renovation grant or common parts grant under Chapter I of Part I of the Housing Grants, Construction and Regeneration Act 1996 (grants for renewal of private sector housing) ”.

• (2) In that section, omit subsection (2A).

5

• (1) In section 101(1) of the Housing Act 1985 (rent not to be increased on account of tenant’s improvements: grant), for “improvement grant" to the end substitute “ renovation grant or common parts grant under Chapter I of Part I of the Housing Grants, Construction and Regeneration Act 1996 (grants for renewal of private sector housing). ”.

• (2) In that section, omit subsection (1A).

6

In section 190A of the Housing Act 1985 (repair notices and group repair schemes)—

• (a) in subsection (2), for “subsection 130(1)" to the end substitute “ subsection 66(1) of the Housing Grants, Construction and Regeneration Act 1996). ”.

• (b) in subsection (5), for “Part VIII" to the end substitute “ Chapter II of Part I of the Housing Grants, Construction and Regeneration Act 1996 (group repair schemes). ”.

7

• (1) In section 244 of the Housing Act 1985 (environmental works: no assistance where grant made), for subsection (3) substitute—

(3) No such assistance shall be given towards works in respect of which an application for renovation grant or common parts grant under Chapter I of Part I of the Housing Grants, Construction and Regeneration Act 1996 (grants for renewal of private sector housing) has been approved.

.

• (2) In that section, omit subsection (3A).

8

• (1) In subsection (2)(b) of section 255 of the Housing Act 1985 (general powers of local housing authority not to include making grants), for “an improvement grant" to the end substitute “ a renovation grant or common parts grant might be made under Chapter I of Part I of the Housing Grants, Construction and Regeneration Act 1996 (grants for renewal of private sector housing). ”.

• (2) In that section, omit subsection (3).

9

In section 535(1)(a) of the Housing Act 1985 (exclusion of assistance under Part XV of that Act where grant application pending or approved), for the words from “an improvement grant" to “Part XV" substitute “ renovation grant or common parts grant under Chapter I of Part I of the Housing Grants, Construction and Regeneration Act 1996 (grants for renewal of private sector housing). ”.

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Landlord and Tenant Act 1985 (c. 70)

11

• (1) In subsection (1) of section 20A of the Landlord and Tenant Act 1985 (limitation of service charges: grant-aided works), for the words from “Part XV" to “conversion)" substitute “ section 523 of the Housing Act 1985 (assistance for provision of separate service pipe for water supply) or any provision of Part I of the Housing Grants, Construction and Regeneration Act 1996 (grants, &c. for renewal of private sector housing) or any corresponding earlier enactment ”.

• (2) In subsection (2) of that section—

• (a) for “Part VIII of the Local Government and Housing Act 1989" substitute “ Part I of the Housing Grants, Construction and Regeneration Act 1996 ”; and

• (b) for “the outstanding balance determined in accordance with subsections (3) and (4) of section 130 of that Act" substitute “ the balance of the cost determined in accordance with section 69(3) of the Housing Grants, Construction and Regeneration Act 1996 ”.

12

In section 21 of the Landlord and Tenant Act 1985 (request for summary of relevant costs)—

• (a) in subsection (5), for the words from “Part XV" to “conversion)" substitute “ section 523 of the Housing Act 1985 (assistance for provision of separate service pipe for water supply) or any provision of Part I of the Housing Grants, Construction and Regeneration Act 1996 (grants, &c. for renewal of private sector housing) or any corresponding earlier enactment ”; and

• (b) in subsection (5B) for “Part VIII of the Local Government and Housing Act 1989" substitute “ Chapter II of Part I of the Housing Grants, Construction and Regeneration Act 1996 or any corresponding earlier enactment ”.

Housing Act 1988 (c. 50)

13

In section 121(1) of the Housing Act 1988 (rent officers’ functions), for “section 110" to the end substitute “ section 31 of the Housing Grants, Construction and Regeneration Act 1996 applies. ”.

Local Government and Housing Act 1989 (c. 42)

14

In section 93(5) of the Local Government and Housing Act 1989 (general powers of local housing authority: works in renewal area), for “Part VIII of this Act" substitute “ Part I of the Housing Grants, Construction and Regeneration Act 1996 ”.

15

• (1) Section 169 of the Local Government and Housing Act 1989 (power of local authority and Secretary of State to provide professional, &c. services in relation to works) is amended as follows.

• (2) In subsection (2)(b), for “section 114(3) or (4) above" substitute “ section 23 of the Housing Grants, Construction and Regeneration Act 1996 (disabled facilities grants: purposes) ”.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 2

Part I — New First Schedule to the 1931 Act

1

This is the Schedule to be substituted for the First Schedule to the 1931 Act—

FIRST SCHEDULE (1) The Board shall consist of— (a) seven elected members; and (b) eight appointed 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. (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 think 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. (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 by rules 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. (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. (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. (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. (11) The Professional Conduct Committee shall consist of— (a) four elected members of the Board, including at least one whose address in the Register is in Scotland, or (if there is no elected member whose address in the Register is in Scotland or no such elected member who is willing to act) three elected members and one registered person whose address in the Register is in Scotland; (b) three appointed members of the Board; and (c) two persons nominated by the President of the Law Society. (12) (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. (13) (1) The quorum of the Professional Conduct Committee shall be one elected member of the Board, one appointed member of the Board and one person nominated by the President of the Law Society. (2) Where the Committee is considering the case of a person whose address in the Register is in Scotland, the Committee is not quorate unless there is present a member of the Committee who is a registered person and whose address in the Register is in Scotland. (14) 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. (15) The Board may make rules governing the selection and term of office of members of the Professional Conduct Committee (including casual vacancies). (16) The Board may establish such committees as it considers appropriate to discharge any of its functions under this Act other than— (a) prescribing fees under section 6(4), 6A(1A), 6B(1) or (3) or 7ZD(4); or (b) acting under section 6(1), (2) or (5), 6A(1) or (1B), 6C(1) or 7ZE(1), (2) or (3), or to assist the Board in the discharge by the Board of any of its functions. (17) (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. (18) 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. (19) 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. (20) (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. (21) 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. (22) (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.

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Part II — Other amendments

The 1931 Act

2

• (1) Section 2 of the 1931 Act (interpretation) is amended as follows.

• (2) For the definition of “the Council” substitute—

• The expression “the Board” means the Architects Registration Board.

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• (3) In the definition of “registered person”, for “registered under this Act" substitute “ whose name is in the Register ”.

• (4) In the definition of “prescribed”, for “regulations made by the Council" substitute “ rules made by the Board ”.

• (5) In the definition of “the Register”, for “kept in pursuance of this Act" substitute “ of Architects ”.

• (6) After that definition insert—

• The expression “the Registrar” means the Registrar of Architects appointed by the Board under section 4.
• The expressions “penalty order”, “suspension order” and “erasure order” shall be construed in accordance with sections 7ZB, 7ZC and 7ZD.
• The expression “disciplinary order” has the meaning given by section 7ZA.

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3

• (1) Section 3 of the 1931 Act (constitution and functions of Architects’ Registration Council) is amended as follows.

• (2) In subsection (1), for the words from the beginning to “name," substitute “ The Architects Registration Board shall be a body corporate ”.

• (3) In subsection (2)—

• (a) omit the first sentence, and

• (b) in the second sentence, for “Council" (in both places) substitute “ Board ”.

• (4) For the sidenote substitute “ The Board and its committees. ”.

4

• (1) Section 6A of the 1931 Act (European qualifications) is amended as follows.

• (2) In subsection (1), for the words from “shall" to the end substitute “ and has applied to the Registrar in the prescribed manner for registration in pursuance of this section is entitled to be registered. ”.

• (3) After that subsection insert—

(1A) The Board may require an applicant for registration in pursuance of this section to pay a fee of a prescribed amount. (1B) The Board may by rules prescribe the information and evidence to be furnished to the Registrar in connection with an application for registration in pursuance of this section.

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• (4) In subsection (7), for the words from “The Council" to “aware that" substitute “ An application by a person for registration in pursuance of this section may be refused if ”.

• (5) In subsection (8), for the words from “Council" to “applicant" substitute “ Registrar shall serve on an applicant for registration in pursuance of this section written notice of the decision on his application ”.

• (6) In subsection (9)—

• (a) for “Council consult" substitute “ Board consults ”, and

• (b) for “Council of" substitute “ Board of ”.

5

• (1) Section 7A of the 1931 Act (removal of name from Register: disqualification in another member State) is amended as follows.

• (2) In subsection (1)—

• (a) for “Council were" substitute “ Board was ”,

• (b) for “Council, on" substitute “ Board, on ”, and

• (c) for “cause his name to be removed" substitute “ order the Registrar to remove his name ”.

• (3) In subsection (2), for “7 of this Act" substitute “ 7ZA(1) ”.

• (4) After that subsection insert—

(3) 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 the person as soon as is reasonably practicable.

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6

• (1) Section 9 of the 1931 Act (right of appeal against removal from Register) is amended as follows.

• (2) For the words “by the removal" onwards substitute

by— (a) his name not being re-entered in, or being removed from, the Register by virtue of section 6C(1); (b) the making of a disciplinary order in relation to him; or (c) the Board ordering the Registrar to remove his name from the Register under section 7A, may appeal to the High Court or the Court of Session within three months from the date on which notice of the decision or order concerned is served on him; and on an appeal under this section the Court may make any order which appears appropriate, and no appeal shall lie from any decision of the Court on such an appeal.

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• (3) For the sidenote substitute “ Appeals. ”.

7

In section 11 of the 1931 Act (removal of name from Register for failure to notify change of address), for “Council" (in each place) substitute “ Registrar ”.

8

In section 12 of the 1931 Act (penalty for obtaining registration by false representation), for “wilfully" substitute “ intentionally ”.

9

For section 13 of the 1931 Act (regulations) substitute—

(13) (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.

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10

• (1) Section 15 of the 1931 Act (supply of regulations and forms) is amended as follows.

• (2) For “Council" substitute “ Registrar ”.

• (3) For “regulations" (in each place, including the sidenote) substitute “ rules ”.

11

• (1) Section 16 of the 1931 Act (service of documents) is amended as follows.

• (2) In subsection (1), for “to be sent" substitute “ to be served ”.

• (3) In subsection (2), for “to the removal from the Register of the name of any registered person" substitute “ required to be served by section 6C(2), 7(4)(a), 7ZA(3) or 7A(3) ”.

12

• (1) Section 17 of the 1931 Act (defence for certain bodies corporate, firms and partnerships) is amended as follows.

• (2) In paragraph (a), for “superintendent who is a registered person and" substitute “ registered person ”.

• (3) In paragraph (b), for the words from “and" to “who is" substitute “ it is carried on by or under the supervision of ”.

• (4) For the sidenote substitute “ Defence for business under control and management o f registered person ”.

13

For section 18(2) of the 1931 Act (application to Northern Ireland) substitute—

(2) This Act extends to Northern Ireland.

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The 1938 Act

14

• (1) Section 1A of the 1938 Act (visiting EC architects) is amended as follows.

• (2) In subsections (2), (3) and (4), for “Council" (in each place) substitute “ Registrar ”.

• (3) In subsection (3), for “they consider" substitute “ the Registrar considers ”.

• (4) In subsection (6), for the words from “when" to the end substitute

when— (a) he is subject to a disqualifying decision in another member State; (b) his name has been removed from the Register pursuant to a suspension order or an erasure order and has not been re-entered; or (c) he is required under section 6C(1) of the principal Act to satisfy the Board of his competence to practise but has not done so.

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• (5) In subsection (8), for the words from the beginning to “the regulation of" substitute “ The provisions of, and of rules under, the principal Act relating to ”.

15

In section 3 of the 1938 Act (offence of practising while not registered), in the proviso—

• (a) in paragraph (a), omit “of the Council" and “subsection (2) of section six of", and

• (b) for paragraphs (b) and (c) substitute—

(b) in a case where the contravention is occasioned by the removal of the defendant’s name from the Register in circumstances in which notice is required to be served on him— (i) that the notice had not been duly served before that date, (ii) that the time for bringing an appeal against the removal had not expired at that date, or (iii) that such an appeal had been duly brought, but had not been determined, before that date.

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16

In section 5 of the 1938 Act (construction and citation), in subsection (2), for the words from “Acts 1931 and" to the end substitute “ Act 1931 ”.

17

For section 6(1) of the 1938 Act (application to Northern Ireland) substitute—

(1) This Act extends to Northern Ireland.

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Other enactments

18

In section 6 of the Inspection of Churches Measure 1955 (interpretation), in the definition of “qualified person”, for “Architects Registration Acts 1931 to 1969" substitute “ Architects Acts 1931 to 1996 ”.

19

In section 52(1) of the Cathedrals Measure 1963 (interpretation), in the definition of “architect”, for “Architects (Registration) Acts 1931 to 1938" substitute “ Architects Acts 1931 to 1996 ”.

20

In section 20(1) of the Care of Cathedrals Measure 1990 (interpretation), in the definition of “architect”, for “Architects Registration Acts 1931 to 1969" substitute “ Architects Acts 1931 to 1996 ”.

Part III — Transitional provisions and savings

First elections and appointments to the Board

21

• (1) Part I of the First Schedule to the 1931 Act as substituted by Part I of this Schedule shall have effect before the appointed day so far as is necessary to enable the election and appointment of members of the Board to take office on that day.

• (2) Until the appointed day references to the Board in paragraph 2 of that Schedule shall have effect as references to the Council.

• (3) Where persons elected or appointed as members of the Board by virtue of this paragraph attend meetings before the appointed day in preparation for the conduct of business of the Board on or after that day, the Council may pay to them any such fees or travelling or subsistence allowances in respect of their attendance as appear appropriate.

• (4) The term of office of the members of the Board appointed by the Privy Council (by virtue of this paragraph) to take office on the appointed day—

• (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

22

Where before the appointed day a person has duly applied for registration under the 1931 Act but no decision on the application has been made, the application shall be dealt with on and after the appointed day in the same way as an application duly made on or after that day (except that no further fee may be required to be paid).

23

Examinations in architecture which immediately before the appointed day were recognised by the Council for the purposes of subsection (1)(c) of section 6 of the 1931 Act (as it has effect before the substitution made by section 120 of this Act) shall (subject to rules made by the Board) be treated on and after that day as qualifications prescribed under subsection (1)(a) of that section (as it has effect after that substitution).

24

Section 6B of the 1931 Act shall have effect as if the reference in subsection (3) of that section to a person whose name has been removed from the Register under subsection (2) of that section included a reference to a person whose name was removed from the Register under section 13(5) of the 1931 Act before the appointed day.

25

The first reference to the Board in section 7A(1) of the 1931 Act shall be construed, in relation to the entry of a name in the Register at a time before the appointed day, as a reference to the Council.

Discipline

26