Architects Act 1997

Part I — The Architects Registration Board

The Board

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• (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.

• (2A) There is to be an Appeals 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.

• (4A) Part 2A of that Schedule makes provision about the Appeals 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.

Part II — Registration etc.

The Registrar and the Register

Short title, commencement and extent.

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• (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.

• (3ZA) The Registrar may delegate any of those functions to a member of the staff of the Board who is nominated by the Board for the purpose of this subsection.

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

• (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.

The Register

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

• (2) The Register shall show the regular business address of each registered person.

• (2A) The Register shall show disciplinary orders made in relation to a registered person for such period as may be prescribed.

• (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.

• (4A) The Board may exclude the whole or any part of the regular business address of a registered person from the published version of the Register if—

• (a) the registered person has applied in the prescribed manner requesting the address or part of it to be excluded from the published version, and

• (b) the Board is satisfied that the address is also a residential address of the registered person.

• (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.

Registration

Registration: general

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• (1) A person who has applied to the Registrar in the prescribed manner for registration ... 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).

• (1A) But the Board may by rules provide that a person who satisfies subsection (1)(a) by reason of holding overseas qualifications or gaining overseas practical experience is entitled to be registered only if the person has undertaken such training, passed such test or met such other condition as is prescribed.

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

• (3) Before ...—

• (a) prescribing qualifications or practical experience for the purposes of subsection (1)(a);

• (aa) making rules under subsection (1A); or

• (b) prescribing 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 ...—

• (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 refuse the application.

• (5) The Registrar shall not consider an application for registration ... 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 ... (5), the Board shall —

• (a) direct the Registrar to enter the person’s name in the Register if it is satisfied that the person is entitled to be registered, or

• (b) direct the Registrar to refuse the application if it is not so satisfied.

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (8) In this section—

• “overseas practical experience” means practical experience obtained mainly outside the United Kingdom;

• “overseas qualification” means a qualification issued by a body that is based outside the United Kingdom.

• (9) For the purposes of subsection (8) a body is based—

• (a) where its registered office is,

• (b) if it does not have a registered office, where its head office is, or

• (c) if it does not have a registered office or a head office, where its principal place of operation is.

Registration: EEA qualifications

4A

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Registration: further procedural requirements

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• (1) The Board may require an applicant for registration ... 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) The Board may prescribe the information and evidence to be provided to the Registrar in connection with an application for registration ....

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

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

• (3C) The Registrar shall deal expeditiously with all applications for registration.

• (4) The Registrar shall serve on an applicant ... 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 relies on section 4(1)(a), 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 of an application shall state reasons for the refusal.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Penalty for obtaining registration by false representation

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• (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 United Kingdom.

• (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

• (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.

Retention of name in Register

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• (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 ... 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 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.

Competence to practise

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• (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 ... the Register under section 8; or

• (c) applies for his name to be re-entered in ... the Register under section 18,

has gained such recent practical experience or undertaken such recent training as the Board may prescribe, his name shall not be entered or re-entered in ... the Register, or shall be removed from it, unless he satisfies the Board of his competence to practise.

• (1A) Before prescribing recent practical experience or training for the purposes of subsection (1), 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.

• (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 written notice of the decision on him within the prescribed period after the date of the decision.

• (2A) A notice under subsection (2) must state reasons for the decision.

• (3) 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 Part 1 of the Register—

• (a) the person shall be entitled to apply to the Board within a prescribed period for an extension of time to gain the prescribed experience or undertake the prescribed training or to otherwise satisfy the Board of the person’s competence to practise, and

• (b) the Board shall not remove the name of the person from the Register unless—

• (i) the person has not made an application for an extension of time within the prescribed period,

• (ii) an extension of time granted by the Board has expired and the Board is not satisfied that the person has gained the prescribed experience or undertaken the prescribed training or is otherwise competent to practise, or

• (iii) the Board has decided not to grant an extension of time in respect of an application made by the person.

• (4) For the purposes of this section, a person is competent to practise if the person has the skills, knowledge, experience and behaviours required for a person to practise as an architect.

Disqualification in an EEA State

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Failure to notify change of address

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Where the Registrar serves notice in writing on a registered person 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.

...

Visiting EEA architects

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Part III — Discipline

Professional standards

Code of practice

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• (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).

Professional misconduct and incompetence

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• (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

Disciplinary orders

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• (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.

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Penalty orders

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• (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.