The Architects (Recognition of European Qualifications etc and Saving and Transitional Provision) Regulations 2008

Made: 19th May 2008

Laid before Parliament: 27th May 2008

Coming into force: 20th June 2008

The Secretary of State is designated for the purposes of section 2(2) of the European Communities Act 1972 , in relation to the recognition of higher-education diplomas, formal qualifications, or experience in the occupation, required for the pursuit of professions or occupations.

She makes the following Regulations under the powers conferred by that section, as read with paragraph 1A of Schedule 2 to the 1972 Act.

These Regulations make provision for a purpose mentioned in that section and it appears to the Secretary of State that it is expedient for the references to an Annex to Directive 2005/36/EC of the European Parliament and of the Council of 7th September 2005 on the recognition of professional qualifications to be construed as references to the Annex as amended from time to time.

Citation and commencement

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These Regulations may be cited as the Architects (Recognition of European Qualifications etc and Saving and Transitional Provision) Regulations 2008 and shall come into force on 20th June 2008.

Amendment of Architects Act 1997

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The Architects Act 1997 is amended in accordance with regulations 3 to 23.

Designation of Architects Registration Board as competent authority

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Functions of the Registrar

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The Register

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Registration in Part 1 of the Register: general

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• (1) In section 4 (registration: general)—

• (a) for the side-note, substitute “ Registration in Part 1 of the Register: general ”;

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

• (c) for subsections (2A) and (2B) , substitute—

(2A) For the purposes of subsection (1), a Directive-rights national shall be treated as having achieved a standard of competence equivalent to that demonstrated by satisfying subsection (1)(a) if— (a) he produces evidence of a description specified in section 4A(1) and he is either— (i) lawfully established as an architect in the relevant European State in which that evidence was issued, or (ii) eligible to practise as an architect in that State, as confirmed by a competent authority in that State; (b) he produces to the Registrar a certificate, awarded by a relevant European state other than the United Kingdom, that attests that Article 48(2) of the Directive (authorisation to use the title of architect by reason of being especially distinguished by quality of work in the field of architecture) applies to him; or (c) he is a person— (i) whose case falls within regulation 3(9)(a), (b), (c) or (e) of the European Communities (Recognition of Professional Qualifications) Regulations 2007, (ii) to whom regulations 20 to 26 of those Regulations apply by reason of operation of regulation 3(4) of those Regulations, and (iii) who is permitted to pursue the profession of architect in the United Kingdom by virtue of Part 3 of those Regulations (having, in particular, successfully passed any aptitude test that he may be required to undertake pursuant to that Part of those Regulations).

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

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

Registration in Part 1 of the Register: European qualifications

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Registration in Part 2 of the Register: Directive-rights nationals providing services

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Registration: further procedural requirements

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In section 6 (registration: further procedural requirements)—

• (a) in subsection (1), for “pursuance of section 4 or 5” substitute “ Part 1 of the Register ”;

• (b) after subsection (2), insert—

(2A) The Board may require an applicant for registration in Part 1 of the Register to pay a fee for taking an aptitude test which the applicant is required by the Board to take under regulation 25(1)(b) of the European Communities (Recognition of Professional Qualifications) Regulations 2007 on the basis that the circumstances are as mentioned in regulation 25(3)(b) of those Regulations (education and training received by the applicant covers substantially different matters from that required in the United Kingdom).

• (c) in subsection (3), for “pursuance of section 4 or 5” substitute “ Part 1 of the Register ”;

• (d) after subsection (3) insert—

(3A) The reference in subsection (3) to an application for registration in Part 1 of the Register does not include an application for registration in that Part made by a Directive-rights national who, in making the application, relies on section 4(2A). (3B) Where a Directive-rights national applies to be registered in Part 1 of the Register and, in doing so, relies on section 4(2A), the Board shall— (a) acknowledge receipt of the application within one month of receipt; and (b) inform the applicant of any missing document required for the purposes of the application. (3C) The Registrar shall deal expeditiously with all applications for registration.

• (e) in subsection (4) after “applicant” insert “ for registration in Part 1 of the Register ”;

• (f) for subsection (4A), substitute—

(4A) A notice under subsection (4) shall be served— (a) in the case of an application by a person who in making the application— (i) relies on subsection (1)(a) of section 4 without also relying on subsection (2A), or (ii) relies on section 4(2A), within three months beginning with the date on which the application is made; (b) in any other case, within six months beginning with the date on which the application is made.

• (g) in subsection (4B), for “under section 5 or to which section 4(2B) applies,” substitute “ by a person who in making the application relies on section 4(2A) ”; and

• (h) omit subsection (5).

Issuing of certificates of architectural education

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After section 6 insert—

(6A) (1) Where a person requests the Board to issue a certificate of architectural education confirming that the person's training as an architect— (a) meets the minimum training conditions in Article 46 of the Directive, (b) gives that person entitlement under section 4 to be registered in Part 1 of the Register, or (c) includes prescribed or equivalent qualifications, the Board may issue such a certificate to that person if the training does meet those conditions, gives that entitlement or includes those qualifications. (2) The Board may require a person making a request under subsection (1) to pay a fee of a prescribed amount.

Penalty for obtaining registration or recognition by false representation

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In section 7 (penalty for obtaining registration by false representation)—

• (a) in the side-note, after “registration” insert “ or recognition ”; and

• (b) for section 7(1), substitute—

(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 any false or fraudulent representation or declaration (whether oral or written).

Retention of name in Register

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Competence to practise

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Disqualification in a relevant European State

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Failure to notify change of address

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Removal of list of visiting EEA architects

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Disciplinary orders

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Application of discipline provisions to visiting EEA architects

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Use of title “architect”

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Appeals

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For sections 22 (appeals) and 22A , substitute—

(22) (1) A person may appeal to the High Court or, in Scotland, to the Court of Session if he is aggrieved by— (a) refusal of his application for registration in Part 1 of the Register; (b) failure of the Registrar to comply with section 6(4); (c) his name not being re-entered in, or his name being removed from, Part 1 of the Register by virtue of section 9; (d) the Board's ordering under section 10 that the Registrar remove his name from Part 1 of the Register; or (e) the making of a disciplinary order in relation to him. (2) Subject to subsection (3), an appeal under subsection (1)(a), (c), (d) or (e) must be made not later than three months after the date on which notice of the decision or order concerned is served on the person. (3) Where an appeal under subsection (1)(a) is made by a person who relied on subsection (2A) of section 4 in applying for registration in pursuance of that section, the appeal must be made not later than four months after the date on which notice of the refusal is served on the person. (4) The time limits for making an appeal under subsection (1)(b) are— (a) where the appeal is made by a person who relied on subsection (2A) of section 4 in applying for registration in pursuance of that section, within seven months, and (b) where the appeal is made by a person who, in applying for registration in pursuance of that section, relied on subsection (1)(a) of that section without also relying on subsection (2A) of that section, within six months, beginning with the date on which the person's application for registration is made. (5) An appeal under subsection (1)(b) to which subsection (4) does not apply must be made within nine months beginning with the date on which the person's application for registration is made. (6) If a person claims to be entitled to be registered in Part 2 of the Register but the person's name is not entered in that Part, the person may appeal to a county court or, in Scotland, to the sheriff. (7) On an appeal under this section the court concerned may make any order which appears appropriate, and no appeal shall lie from any decision of a court on such an appeal.

Administrative co-operation and confidentiality

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After section 22 (appeals), insert—

(22B) (1) The Board, in its capacity as competent authority for the purposes of the Directive, is to— (a) work in close collaboration with competent authorities of other relevant European States, and (b) provide assistance to competent authorities of other relevant European States in accordance with and in order to facilitate the application of the Directive. (2) The Board is to exchange professional-regulation information about— (a) registered persons who are Directive-rights nationals, or (b) Directive-rights nationals who have made an application for registration in the Register, with competent authorities of other relevant European States. (3) In this section “professional-regulation information” means information regarding— (a) disciplinary action taken, (b) criminal sanctions imposed, or (c) any other serious, specific circumstances, where the action is, or the sanctions or circumstances are, likely to have consequences for the pursuit of the profession of architect by a person. (4) If in any case the Board receives professional-regulation information from a competent authority of another relevant European State, the Board— (a) is responsible for investigating and establishing the position in the case, and (b) is to pass on its conclusions in the case to a competent authority in each relevant European State in which the person concerned is established as an architect or (without being established) is providing services as an architect. (5) The Board may make enquiries of registered persons where the Board considers it necessary to do so for the purposes of enabling it to discharge its duties under subsections (1)(b) and (4)(a). (6) Where a registered person receives enquiries under subsection (5), the person shall reply and, in replying, shall use the person's best endeavours to assist the Board. (7) The power under subsection (5) is not to be taken to prejudice any other power to make enquiries of registered persons. (22C) (1) The Board, the Registrar, and persons acting on behalf of either of them, are prohibited from disclosing information to which subsection (2) applies. (2) This subsection applies to information if— (a) the information is received in the course of the carrying-out of functions of the Board or the Registrar; (b) the functions are functions under the Directive or under any enactment giving effect to the Directive; and (c) the information— (i) is provided by a competent authority of another relevant European State, or (ii) relates to an application made by a Directive-rights national for registration in the Register. (3) Subsection (1) does not apply to disclosure which is— (a) to the Secretary of State; or (b) necessary in order to facilitate the carrying-out of functions of the Board, or of functions of the Registrar, under this Act or any other enactment. (4) An authority within subsection (5) must, so far as it is within the authority's power to do so, ensure the confidentiality of information which, in the course of the carrying-out of functions of the authority under the Directive or under any enactment giving effect to the Directive, is disclosed by or on behalf of the authority to a competent authority of another relevant European State. (5) The authorities within this subsection are— (a) the Board; and (b) the Registrar.

Interpretation

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The Board and its committees

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Transitional provisions

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Revocation

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Savings

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SCHEDULE

Signed

Signed by authority of the Secretary of State for Communities and Local Government

Iain Wright — Parliamentary Under Secretary of State — 2008-05-19

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: S.I. 2002/248.

[^f00002]: 1972 c. 68. The enabling powers of section 2(2) of this Act were extended by virtue of the amendment of section 1(2) by section 1 of the European Economic Area Act 1993 (c. 51).

[^f00003]: Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (c. 51).

[^f00004]: OJ No L 255, 30.09.2005, p.22, as amended by Council Directive 2006/100/EC of 20th November 2006, OJ No L 363 of 10.12.2006, p.141. Directive 2005/36/EC has been extended to the European Economic Area through Decision of the EEA Joint Committee No. 142/2007 on 26th October 2007.

[^f00005]: 1997 c. 22.

[^f00006]: Subsections (2A) and (2B) were inserted by S.I. 2002/2842.

[^f00007]: S.I. 2007/2781.

[^f00008]: Council Directive 77/388/EEC of 17 May 1977: OJ No L 145, 13.6.97, p.l, last amended by Council Directive 2006/69/EC, OJ No L 221, 12.8.06, p.9.

[^f00009]: S.I. 2007/2781.

[^f00010]: Subsections (4), (4A) and (4B) of section 6 were substituted for subsection (4) by S.I. 2002/2842.

[^f00011]: Section 22A was inserted by S.I. 2002/2842.

[^f00012]: Section 25(1) was amended by S.I. 2002/2842.

[^f00013]: Interpretation Act 1978, c. 30. Section 20A was inserted by section 25(1) of the Legislative and Regulatory Reform Act 2006 (c. 51).

[^f00014]: Section 25(2) was inserted by S.I. 2002/2842.

[^f00015]: In paragraph 15, sub-paragraph (1A) was substituted by, and sub-paragraph (2) was inserted by, S.I. 2004/655.

[^f00016]: Paragraph 13 was substituted by S.I. 2004/655.

[^f00017]: S.I. 2002/2842. Article 3 inserted section 4(2A) and (2B) into the Architects Act 1997, which have been substituted by regulation 6(c) of these Regulations.