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Architects (Registration) Act 1931

1931 CHAPTER 33 21 and 22 Geo 5

An Act to provide for the registration of architects and for purposes connected therewith.

[31st July 1931]

Modifications etc. (not altering text)

C1Act extended (N.I.) by S.R & O. 1931/1093 (Rev. II. p. 761: 1931, p. 69)

C3Words of enactment omitted under authority of Statute Law Revision Act 1948 (c. 62), s. 3

Commencement Information

I1Act in force at 1.1.1932 and as provided by s. 18(1)(3) (now repealed)

I2Act partly in force at 1.1.1932 in accordance with s. 18(1) which was repealed by Statute Law Revision Act 1950 (c. 6), s. 1, Sch. 1

1 Short title.U.K.

This Act may be cited as the Architects (Registration) Act, 1931.

2 Interpretation.E+W+S

In this Act unless the context otherwise requires—

Textual Amendments

F1Words inserted by S.I. 1987/1824, art. 3

Marginal Citations

M1O.J. No. L. 223/15.

M2O.J. No. L. 376/1.

M3O.J. No. L. 27/71.

3 Constitution and general functions of Registration Council.E+W+S

(1)For the purposes of this Act there shall be established an Architects’ Registration Council of the United Kingdom (in this Act referred to as “the Council”) which shall be a body corporate by that name, with perpetual succession and a common seal . . . F2

(2)The provisions contained in the First Schedule to this Act shall have effect with respect to the constitution and proceedings of the Council. The seal of the Council shall be authenticated in manner prescribed by the Council, and any document purporting to be sealed with the seal so authenticated shall be receivable as evidence of the particulars stated in that document.

(3)It shall be the duty of the Council . . . F3to . . . F3maintain a register to be called “the Register of [F4Architects]” and to cause to be entered therein the name and address of every person entitled to be registered under this Act, and to cause to be removed therefrom—

(a)the names of all registered persons who have made application to the Council in the prescribed manner, requesting the Council to remove their names from the Register; and

(b)the names of all registered persons who shall have died and any names or particulars inaccurately entered in the Register;

and from time to time to cause to be made any necessary alterations therein.

(4)The Council shall . . . F5annually . . . F5 publish and offer for sale at the prescribed price copies of the Register, setting forth the names of the registered persons in alphabetical order according to their surnames, with their respective regular business addresses, and a copy of the Register certified by order of the Council or by any officer of the Council duly authorised in that behalf, to be a correct copy, shall be prima facie evidence that any person named therein is registered in accordance with the provisions of this Act: Provided always that in the case of a person whose name does not appear on such copy, a certificate under the hand of any officer of the Council, duly authorised in that behalf, of the entry of the name of such person in the Register, shall be prima facie evidence that such person is registered in accordance with the provisions of this Act. Such certificate shall remain the property of the Council and be surrendered by the holder to the Council upon publication of the name in or upon removal of the name from the Register.

If the holder refuses so to surrender such certificate to the council on demand, he shall on summary conviction be liable to a fine not exceeding [F6level 2 on the standard scale].

4 Officers and servants of Council.E+W+S

The Council shall from time to time appoint such officers and servants as shall be necessary for the purposes of this Act and may assign to such officers and servants such duties as the Council shall consider desirable for the purposes of this Act, and every person so appointed shall be removable by the Council, and shall be paid by the Council such salary, emoluments and benefits as the Council may think fit.

Yn ddilys o 01/04/1997

4AF7Staff.U.K.

(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.

Textual Amendments

F7Ss. 4, 4A substituted (1.4.1997) for s. 4 by 1996 c. 53, s.119; S.I. 1996/2842, art.4

5 Board of Architectural Education and Admission Committee.E+W+S

(1)For the purposes of this Act there shall be appointed annually by the Council—

(a)a board of architectural education (in this Act referred to as “the Board”) constituted in accordance with the Second Schedule to this Act; and

(b)a committee (in this Act referred to as “the Admission Committee”) constituted in accordance with the Third Schedule to this Act.

(2)It shall be the duty of the Board to recommend to the Council—

(a)the recognition of any examinations in architecture the passing of which ought, in the opinion of the Board, to qualify persons for registration under this Act [F8in pursuance of section 6]; and

(b)the holding of any examinations in architecture which ought, in the opinion of the Board, to be passed by applicants for registration under this Act [F8in pursuance of section 6];

and to hold examinations in architecture in accordance with this Act.

(3)It shall be the duty of the Admission Committee to consider every application for registration under this Act [F8in pursuance of section 6]and to report thereon to the Council as to whether or not the applicant is, in the opinion of the Committee, qualified for registration.

Textual Amendments

F8Words inserted by S.I. 1987/1824, art. 4

Yn ddilys o 01/04/1997

[F95A The Register.U.K.

(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.]

Textual Amendments

F9S. 5A inserted (1.4.1997) by 1996 c. 53, s. 120(1); S.I. 1996/2842, art.4

6 Qualifications for registration.E+W+S

(1)Subject to the provisions of this Act, a person shall, on application made to the Council in the prescribed manner and on payment of the prescribed fee, be entitled to be registered under this Act, if the Council are satisfied on a report of the Admission Committee—

(a)that he is an architect member of the Royal Academy or of the Royal Scottish Academy; or

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10

(c)that he has passed any examination in architecture which is for the time being recognised by the Council; or

(d)that he possesses the prescribed qualifications.

(2)The Council shall cause a written notice of their decision on any application for registration to be served on the applicant within the prescribed period after the date of decision.

(3)Where the Board recommend to the Council the recognition of any examination in architecture, the Council shall recognise that examination for the purpose of paragraph (c) of subsection (1) of this section.

(4)For the purpose of paragraph (d) of subsection (1) of this section, the prescribed qualifications may include the passing of any examinations in architecture, the holding of which may have been recommended to the Council by the Board, and in that event the Council shall direct the Board to hold those examinations, and those examinations shall be held by the Board accordingly at least once in each year and at such times and places as the Board may determine. Save as aforesaid, the Council shall not prescribe as a qualification for registration the passing of any examination held by or under the authority of the Council or the Board.

[F116A(1)Subject to the provisions of this Act, a national of a member State who satisfies any of the requirements mentioned in subsection (2) shall, on application made to the Council in the prescribed manner and on payment of the prescribed fee, be entitled to be registered under this Act in pursuance of this section.

(2)The requirements referred to in subsection (1) are that the person holds-

(a)a qualification which-

(i)is mentioned in the Fourth or Fifth Schedules, or

(ii)satisfies the requirements of Articles 3 and 4 of the Directive and is included in a list published from time to time in the Official Journal of the European Communities in accordance with Article 7 of the Directive;

(b)a certificate issued by a competent authority of a member State, in accordance with Article 12 of the Directive, stating that he has been, no later than the date on which that member State implemented the Directive, authorised in that member State to use the title of architect and that he has pursued activities in the field of architecture effectively for at least three consecutive years during the five years preceding the issue of the certificate;

(c)a certificate issued by a competent authority of a member State, in accordance with Article 5 of the Directive, stating that he is, by reason of his distinguished achievements in the field of architecture, entitled to use the title of architect.

(3)A qualification mentioned in Part I of the Fourth Schedule, Part I of the Fifth Schedule, or which complies with subsection (2)(a)(ii), shall be accompanied by a certificate issued by a competent authority of a member State, in accordance with Article 23(2) of the Directive, stating that he has gained at least two years practical training experience in that member State under the supervision of a person established as an architect in that member State.

(4)A qualification mentioned in Part II of the Fourth or Part II of the Fifth Schedule shall be accompanied by a certificate issued by a competent authority of the Federal Republic of Germany, in accordance with Article 4(1) of the Directive, stating that he has gained at least four years appropriate professional experience in the Federal Republic of Germany.

(5)The course of study leading to a qualification mentioned in the Fifth Schedule shall, subject to any earlier date specified in that Schedule in respect of the award of any such qualification, have commenced not later than the beginning of the first academic year after 5th August 1987.

(6)Where a person holds a certificate issued by a competent authority of the Federal Republic of Germany stating that a qualification awarded to that person by an institution in the German Democratic Republic after 8th May 1945 is of equivalent effect to a qualification listed in the Fourth or Fifth Schedule to this Act or complies with subsection (2)(a)(ii), that person shall, for the purposes of this Act, be deemed to hold a qualification which satisfies the requirements of this section.

(7)The Council may refuse to register a person in pursuance of this section if they are aware that there is a disqualifying decision in another member State in force in respect of that person.

(8)The Council shall cause a written notice of their decision on any application for registration in pursuance of this section to be served on the applicant within three months of his application being duly made.

(9)If, in pursuance of Article 17(4) or 18(2) of the Directive, the Council consult a member State in respect of an application under this section, the period mentioned in subsection (8) shall be extended by such period as may elapse between initiating the consultation and the receipt by the Council of a final reply from that member State.

(10)A person who is registered in accordance with this section shall, when using his academic title or any abbreviations of it, express such title or abbreviation in the language or one of the languages of the member State in which the body conferring the title is located and shall follow the title or any abbreviation of it with the name and location of the body conferring the title.]

Textual Amendments

F11S. 6A inserted by S.I. 1987/1824, art. 5 and substituted by S.I. 1988/2241, art. 2 (art. 3 revoking the said art. 5 of S.I. 1987/1824)

Yn ddilys o 01/04/1997

[F126B Retention of name in Register.U.K.

(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.]

Textual Amendments

Modifications etc. (not altering text)

Yn ddilys o 01/04/1997

F136C Registration: additional requirements.U.K.

(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.

Textual Amendments

7 Removal of name from Register for criminal offence or professional misconduct. E+W+S

(1)If any registered person is convicted of a criminal offence, or if the committee appointed for the purposes of this section, after an inquiry held thereunder in respect of any registered person, report to the Council that that person has been guilty of conduct disgraceful to him in his capacity as an architect, the Council may, subject to the provisions of this section, cause the name of that person to be removed from the Register, and where the name of any person is duly removed from the Register under this subsection, he shall, during such period thereafter as the Council may determine on the occasion of the removal, be disqualified for registration under this Act:

Provided that the Council may at any time, either of their own motion or on the application of the person concerned, cause his name to be restored to the Register, either without payment of a fee or on payment of such fee not exceeding the fee payable for registration under this Act as the Council may determine.

(2)For the purposes of this section there shall, subject as hereinafter provided, be appointed annually by the Council a committee (in this Act referred to as “the Discipline Committee”) consisting of eight persons, of whom four shall be registered persons nominated by the Council (including one person who is practising as an architect in Scotland), one shall be nominated by the Commissioners of Works, one shall be nominated by the Minister of Health and two shall be nominated by the President of the Law Society, and it shall be the duty of the said Committee, if so directed by the Council, to inquire into, and report to the Council on, any case in which it is alleged that a registered person has been guilty of conduct disgraceful to him in his capacity as an architect:

Provided that, in the case of any inquiry under this section in respect of a registered person who is a member of any of the bodies referred to in the First Schedule to this Act, the council or other governing body of each such body of which the registered person is a member shall (except where the Discipline Committee already includes a member of that body) be entitled to nominate one person for membership of that Committee, and upon the name of any person duly nominated as aforesaid being submitted to them in the prescribed manner, the Council shall appoint that person to be an additional member of the Discipline Committee for the purposes of the inquiry and of the report of the Committee in connection therewith.

(3)It shall be the duty of the Council to direct the Discipline Committee to hold an inquiry under this section in any case in which it appears to the Council that such an inquiry is necessary.

(4)Where the Council direct the Discipline Committee to hold any inquiry under this section in respect of a registered person, the Council shall forthwith cause to be served on that person a written notice of the proposed inquiry, specifying the time and place at which it is to be held and the subject matter thereof, and that person shall, on application made in the prescribed manner and within the prescribed period from the date of the service of the said notice, be entitled to be heard by the Discipline Committee at the inquiry, either in person or by counsel or a solicitor.

(5)Where the Council intend to remove the name of any person from the Register in pursuance of this section, then, before so doing, the Council shall cause a written notice of their intention to be served on that person and shall, on application made by that person in the prescribed manner within three months from the date of the service of the said notice, consider any representations with regard to the matter which may be made by him to the Council, either in person or by counsel or a solicitor.

Modifications etc. (not altering text)

C5Functions of Commissioners of Works now exercisable by Secretary of State: S.R & O. 1945/991 (Rev. XV, p. 232: 1945 I, p. 1414), S.I. 1962/1549 and 1970/1681

C6Functions of Minister of Health under this Act now exercisable by Secretary of State: S.I. 1951/753, 1900 (1951 I, pp. 1354, 1347), 1965/319 and 1970/1681

C7S. 7(5) amended (E.W.) (1. 1. 1992) by S.I. 1991/2684, arts. 2, 4, 5, Sch.1

Yn ddilys o 01/04/1997

F147ZA Disciplinary orders.U.K.

(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.

Textual Amendments

F14Ss. 7, 7ZA-7ZD substituted (1.4.1997) for s. 7 by 1996 c. 53, s.121; S.I. 1996/2842, art.4

Modifications etc. (not altering text)

Yn ddilys o 01/04/1997

F157ZB Penalty orders.U.K.

(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.

Textual Amendments

F15Ss. 7, 7ZA-7ZD substituted (1.4.1997) for s. 7 by 1996 c. 53, s.121; S.I. 1996/2842, art.4

Modifications etc. (not altering text)

Yn ddilys o 01/04/1997

F167ZC Suspension orders.U.K.

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.

Textual Amendments

F16Ss. 7, 7ZA-7ZD substituted (1.4.1997) for s. 7 by 1996 c. 53, s.121; S.I. 1996/2842, art.4

Modifications etc. (not altering text)

Yn ddilys o 01/04/1997

F177ZD Erasure orders.U.K.

(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.

Textual Amendments

F17Ss. 7, 7ZA-7ZD substituted (1.4.1997) for s. 7 by 1996 c. 53, s.121; S.I. 1996/2842, art.4

Modifications etc. (not altering text)

Yn ddilys o 01/04/1997

[F187ZE Code of practice.U.K.

(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).]

Textual Amendments

F18S. 7ZE inserted (1.4.1997) by 1996 c. 53, s.122; S.I. 1996/2842, art.4

[F197A Removal of name from Register: disqualification in another member State.E+W+S

(1)If a person’s name was entered on the Register in pursuance of section 6A of this Act at a time when there was a disqualifying decision in another member State in force in respect of that person, and if at that time the Council were unaware of that fact, the Council, on being satisfied that the person was at that time and still is subject to that disqualifying decision, may cause his name to be removed from the Register.

(2)If a person who is registered under this Act in pursuance of section 6A becomes subject to a disqualifying decision in another member State expressed to be made on the ground that he has committed a criminal offence he shall be deemed for the purposes of section 7 of this Act, to have been convicted of that offence.]

Textual Amendments

8 Notice of removal of name from Register.E+W+S

Where the Council cause the name of any person to be removed from the Register, they shall forthwith cause written notice of the removal to be served on that person, and where, in connection with the removal, the Council have determined that the person in question shall, during any period, be disqualified for registration, the determination of the Council shall be specified in the said notice:

Provided that nothing in the foregoing provisions of this section shall apply in a case where the Council cause the name of any person to be removed from the Register in consequence of the death of that person.

9 Right of appeal against removal of name from Register.E+W+S

Any person aggrieved by the removal of his name from the Register, or by a determination of the Council that he be disqualified for registration during any period, may, within three months from the date on which notice of the removal or determination was served on him, appeal to the High Court or Court of Session against the removal or determination, and on any such appeal the Court may give such directions in the matter as they think proper, and the order of the Court shall be final.

10 F20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

11 Removal of name from Register for failure to notify change of address. E+W+S

For the purpose of maintaining the Register the Council may at any time by notice in writing served on any registered person inquire if such person has changed his regular business address, and if no answer shall be received within six months from the sending of such notice, the Council shall send to the said person a further notice by post as a registered letter, and if no answer shall be received within three months from the sending of such further notice, the Council may remove the name of such person from the Register.

Modifications etc. (not altering text)

12 Penalty for obtaining registration by false representation.E+W+S

If any person shall wilfully procure or attempt to procure himself to be registered under this Act by making or producing or causing to be made or produced any false or fraudulent representation or declaration, either verbally or in writing, the person so offending, shall be liable on summary conviction to a fine not exceeding [F21level 3 on the standard scale].

13 Regulations, &c.E+W+S

(1)Subject to the provisions of this Act, regulations made by the Council shall or may, as the case may be, prescribe anything which is by this Act required or authorised to be prescribed, and may further make provision—

(a)prescribing the fee (hereafter in this section referred to as “a retention fee”) to be paid in respect of the retention of any name in the Register during any calendar year subsequent to that in which the name was entered in the Register, and the fees to be paid by candidates for any examination held under this Act;

(b)prescribing the information to be furnished to the Admission Committee or the Council in connection with any application for registration under this Act;

(c)providing (subject to such restrictions or conditions as may be prescribed) for the delegation to committees of any of the functions of the Council other than functions under section six or section seven of this Act;

(d)regulating the meetings and procedure (including quorum) of the Council, the Board and any committee appointed under this Act;

(e)for the filling of casual vacancies in the Council, the Board and any such committee as aforesaid;

(f)generally for carrying out or facilitating the purposes of this Act:

Provided that no regulations affecting the Board or the Admission Committee shall be made by the Council without consultation with the Board or the Admission Committee, as the case may be.

(2)No regulations made under this Act shall be of any force or validity unless and until they have been approved by the Privy Council, and the Privy Council shall, before giving their approval, cause the regulations to be published and give persons to whom the regulations are applicable an opportunity of making representations to the Privy Council thereon.

(3)The powers conferred on the Privy Council by this section may be exercised by any two or more of the Lords and others for the time being of His Majesty’s Most Honourable Privy Council.

(4)Any act of the Privy Council under this section shall be sufficiently signified by an instrument signed by the clerk of the Privy Council, and every order and act signified by an instrument purporting to be so signed shall be deemed to have been duly made and done by the Privy Council, and every instrument purporting to be so signed shall be received in evidence in all courts and proceedings without proof of the authority or signature of the clerk of the Privy Council or other proof.

(5)If any registered person, within the prescribed period after the date on which the Council have caused to be sent to him a written demand for payment of any retention fee payable by him, fails to pay that fee to the Council, the Council may cause his name to be removed from the Register, but if, within the year in respect of which the fee is payable or within such longer period as the Council may allow, the said person pays to the Council the retention fee, together with such additional sum (if any) by way of penalty as may be prescribed, his name shall be restored to the Register, and, if the Council so direct, the restoration shall have effect as from the date on which his name was removed from the Register.

Modifications etc. (not altering text)

14 F22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

15 Supply of regulations and forms.E+W+S

The Council shall on payment of the prescribed charges supply a copy of any regulations made under this Act and of any forms prescribed by such regulations to any person applying for the same.

16 Service of documents. E+W+S

(1)Any notice or document required by or for the purposes of this Act to be sent may be sent by post, and when sent to any registered person shall be deemed to be properly addressed if addressed to him at his address in the Register.

(2)Any notice relating to the refusal to register any person, or to the removal from the register of the name of any registered person, shall be sent by post as a registered letter.

Modifications etc. (not altering text)

17 Saving for co-operative societies, &c.E+W+S

Nothing in this Act shall prevent a body corporate, firm or partnership from carrying on business under the style or title of [F23Architect]:

(a)if the business of the body corporate, firm or partnership so far as it relates to architecture is under the control and management of a superintendent who is a registered person and who does not act at the same time in a similar capacity for any other body corporate firm or partnership; and

(b)if in every premises where such business as aforesaid is carried on and is not personally conducted by the superintendent such business is bona fide conducted under the direction of the superintendent by an assistant who is a registered person.

Textual Amendments

18 Commencement of Act and application of Act to Northern Ireland.E+W+S

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F24

(2)This Act shall not extend to Northern Ireland unless and until provision to that effect is made by an Order of His Majesty in Council made in pursuance of a resolution passed by both Houses of the Parliament of Northern Ireland, and any such Order may make such adaptations of this Act in its application to Northern Ireland as may appear to His Majesty in Council to be necessary.

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F25

SCHEDULES

Sections 3 and 7.

FIRST SCHEDULEE+W+S Constitution of the Council

1Subject to the provisions of this Schedule, the Council shall be composed of the following persons, that is to say:—

(i)one member appointed by the Council of the Royal Institute of British Architects in respect of every five hundred architect members of that Institute, being fellows, associates or licentiates thereof;

(ii)one member appointed by the Council of the Incorporated Association of Architects and Surveyors in respect of every five hundred architect members of that Association, being fellows, associates or licentiates thereof;

(iii)one member appointed by the Council of the Faculty of Architects and Surveyors in respect of every five hundred architect members of that Faculty;

(iv)one member appointed by the Council of the Architectural Association (London) in respect of every five hundred architect members of that Association, not being student members;

(v)one member appointed by the Council of the Association of Architects, Surveyors and Technical Assistants in respect of every five hundred architect members of that Association;

(vi)one member appointed jointly by the councils or other governing bodies of the provincial associations of the bodies mentioned in the foregoing sub-paragraphs, in respect of every five hundred persons who are architect members of one or more of those associations but are not architect members of any of the bodies so mentioned;

(vii)one member (being a registered person) elected in the prescribed manner in respect of every five hundred registered persons, not being architect members of any of the bodies referred to in the foregoing provisions of this Schedule;

(viii)one member appointed by the Council of the Ulster Society of Architects (Incorporated);

(ix)five members appointed as follows:—

One by the President of the Board of Education.

One by the Minister of Health.

One by the Commissioners of Works.

One by the Department of Health for Scotland.

One by the Governor of Northern Ireland:

. . . F26

Textual Amendments

Modifications etc. (not altering text)

C15Functions of President of Board of Education now exercisable by Secretary of State for Education and Science: Education Act 1944 (c. 31), s. 2(1), and S.I. 1964/490

C16Functions of Minister of Health under this Act now exercisable by Secretary of State: S.I. 1951/753, 1900 (195I, pp. 1354, 1347), 1965/319 and 1970/1681

C17Functions of Commissioners of Works now exercisable by Secretary of State: S.R & O. 1945/991 (Rev. XV, p. 232: 1945 I, p. 1414), S.I. 1962/1549 and 1970/1681

C18Functions of Department of Health for Scotland now exercisable by Secretary of State: Reorganisation of Offices (Scotland) Act 1939 (c. 20), s. 1

2The council of each of the following bodies shall be entitled to appoint as a member of the Council one person, not being a registered person:—

3For the purpose of computing the number of persons in respect of whom members of the Council are to be appointed or elected under sub-paragraph (i), (ii), (iii), (iv), (v), (vi) or (vii) of paragraph 1 of this Schedule—

(a)any fraction of five hundred shall be reckoned as five hundred; and

(b)regard shall be had only to persons ordinarily resident in the United Kingdom; and

(c)in relation to any of the bodies referred to in sub-paragraphs (i) to (vi) of the said paragraph, any person being an honorary, corresponding or retired member of that body shall be deemed not to be a member thereof.

F27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

4

5Where, by virtue of the provisions of paragraph 1 of this Schedule, any of the bodies referred to in sub-paragraphs (i) to (vi) of that paragraph is on any occasion required to appoint two or more persons as members of the Council, those persons shall be appointed by that body simultaneously.

6Every member of the Council shall hold office until the expiration of one year from the date of his appointment or election, as the case may be, so however that a member may at any time resign his office, and a member ceasing to hold office shall be eligible for subsequent appointment or election.

7The powers of the Council may be exercised notwithstanding any vacancy in their number.

Section 5.

SECOND SCHEDULEE+W+S Constitution of the Board of Architectural Education

1Subject to the provisions of this Schedule the Board shall be composed of the following persons, that is to say:—

2If it appears to the Board to be desirable that any school of architecture, not being a school specified in the foregoing provisions of this Schedule, should be represented on the Board, then, subject as hereinafter provided, the Board may nominate for membership thereof one person recommended to it by the governing body of that school, and upon the name of any person duly nominated as aforesaid being submitted to the Council in the prescribed manner, the Council shall appoint that person to be a member of the Board:

Provided that the number of members appointed under this paragraph shall not at any time exceed the prescribed number.

Section 5.

THIRD SCHEDULEE+W+S Constitution of the Admission Committee

The Admission Committee shall be composed of—

(1)

one person nominated by each of the following bodies:—

The Institution of Municipal and County Engineers.

The Society of Engineers.

The Chartered Surveyors’ Institution.

The Institution of Structural Engineers.

The Institute of Builders; and

(2)

not less than twelve or more than eighteen registered persons, of whom four shall be nominated by the Royal Institute of British Architects, four by the Incorporated Association of Architects and Surveyors, one by the Faculty of Architects and Surveyors, and the remainder by the Council:

. . . F30

Textual Amendments

Section 6A]

[F31FOURTH SCHEDULEU.K. EUROPEAN COMMUNITY QUALIFICATIONS IN ARCHITECTURE

Textual Amendments

F31Schs. 4, 5 inserted by S.I. 1987/1824, art. 6, Sch. and substituted by S.I. 1988/2241 art. 2 Sch. (art. 3 revoking the said art. 6 and Sch. of S.I. 1987/1824)

PART IU.K.

BelgiumU.K.

1The diplomas awarded by the higher national schools of architecture or the higher national institutes of architecture (architecte-architect).

2The diplomas awarded by the Higher Provincial School of architecture at Hasselt (architect).

3The diplomas awarded by the Royal Academies of Fine Arts (architecte-architect).

4The diplomas awarded by the “écoles Saint-Luc” (architecte-architect).

5The civil engineering/architecture diplomas and architecture/engineering diplomas awarded by the faculties of applied sciences of the universities and by the Polytechnic Faculty of Mons (ingénieur-architecte, ingenieur-architect).

DenmarkU.K.

The diplomas awarded by the School of Architecture of the Copenhagen Academy of Fine Arts and the Aarhus School of Architecture (arkitekt cand. arch.).

FranceU.K.

1The Government diploma of architect awarded by the Minister responsible for architecture (diplome d’architecte DPLG).

2The diploma of architect awarded by the Special School of Architecture in Paris (diplome d’architecte ESA).

3The diploma of architect awarded by the Higher National School of Art and Industry in Strasbourg, architecture department (diplome d’architecte ENSAIS).

GermanyU.K.

1The diplomas (Diplom-Ingenieur, Diplom-Ingenieur Univ.) awarded by architecture departments of the universities (Architektur/ Hochbau), the architecture departments of the Technische Hochschulen (Architektur/Hochbau), the architecture departments of the technical universities (Architektur/Hochbau), the architecture departments of Gesamthochschulen (Architektur/Hochbau), higher institutes of arts and higher institutes of fine arts.

2The diplomas (Diplom-Ingenieur, Diplom-Ingenieur FH) awarded by the architecture departments of the Fachhochschulen (Architektur/Hochbau) and by the architecture departments of Gesamthochschulen (Architektur/Hochbau) insofar as the training corresponds to that given in the Fachhochschulen where the period of study is not less than four years.

IrelandU.K.

1The degree of Bachelor of Architecture awarded by the National University of Ireland (B.Arch.(NUI)) to architecture graduates of University College, Dublin.

2The diploma of degree standard in architecture awarded by the College of Technology, Bolton Street, Dublin (Dip.Arch).

3The certificate of associateship of the Royal Institute of Architects of Ireland (ARIAI).

4The certificate of membership of the Royal Institute of Architects of Ireland (MRIAI).

ItalyU.K.

The diplomas of graduate in architecture (laurea in architettura) awarded by the universities of Chieti, Florence, Genoa, Naples, Palermo, Reggio Calabria and Rome La Sapienza, by the Polytechnic Institutes of Milan and Turin, and by the University Institute of Architecture of Venice, accompanied in each case by a diploma admitting the holder to the self-employed exercise of the profession, awarded by the Minister of Education after the candidate has passed the State examination before a competent examining board.

NetherlandsU.K.

1The certificate attesting success in the examination as graduate in architecture studies in the department of architecture studies (studierichting bouwkunde, afstudeerrichting architectuur) at the Technical University of Delft.

2The certificate attesting success in the examination as graduate in architecture studies in the department of architecture and urban studies (studierichting bouwkunde, differentiatie architectuur en urbanistiek) at the Technical University of Eindhoven.

3The certificate of higher vocational education awarded after successfully passing the examination at the end of second level of training for professions in the area of architecture held by the State examining committees at:

—Amsterdamse Hogeschool der Kunsten in Amsterdam,

—Hogeschool voor Beroepsonderwijs Rotterdam en omgeving in Rotterdam,

—Hogeschool Katholieke Leergangen in Tilburg,

—Hogeschool voor de Kunsten in Arnhem,

—Rijkshogeschool Groningen in Groningen,

—Rijkshogeschool Maastricht in Maastricht,

accompanied in each case by a declaration by the Office of the Architects’ Register (Stichting Bureau Architectenregister) attesting that the training corresponds to the criteria laid down in Articles 3 and 4 of the Directive.

PortugalU.K.

The Diploma as graduate in architecture (carto de curso de licenciatura em arquitectura) awarded by the faculty of architecture of the Technical University of Lisbon and the faculty of architecture of the University of Porto.

SpainU.K.

The official title of architect (titulo official de Arquitecto) awarded by the rector of one of the following establishments:

—the Polytechnic University (technical university) of Catalonia, higher technical schools of architecture of Barcelona o Del Valles;

—the Polytechnic University of Madrid, the Higher Technical School of Architecture of Madrid;

—the Polytechnic University of Las Palmas, the Higher Technical School of Architecture of Las Palmas;

—the Polytechnic University of Valencia, the Higher Technical School of Architecture of Valencia;

—the University of Seville, the Higher Technical School of Architecture of Seville;

—the University of Valladolid, the Higher Technical School of Architecture of Valladolid;

—the University of Santiago de Compostela, the Higher Technical School of Architecture of La Coruna;

—the University of the Pais Vasco, the Higher Technical School of Architecture of San Sebastian;

—the University of Navarra, the Higher Technical School of Architecture of Pamplona.

PART IIU.K. SPECIAL PROVISION FOR GERMANY

The diplomas (diplom-Ingenieur FH) awarded by the architecture departments of the Fachhochschulen (Architektur/Hochbau) and by the architecture departments of Gesamthochschulen (Architektur/ Hochbau) insofar as the training corresponds to that given in the Fachhochschulen where the period of study leading to that diploma is less than four years but at least three years.

FIFTH SCHEDULEU.K. ESTABLISHED EUROPEAN COMMUNITY RIGHTS

PART IU.K.

BelgiumU.K.

1The diplomas awarded by the higher national schools of architecture or the higher national institutes of architecture (architecte-architect).

2The diplomas awarded by the Higher Provincial School of Architecture at Hasselt (architect).

3The diplomas awarded by the Royal Academies of Fine Arts (architecte-architect).

4The diplomas awarded by the “écoles Saint-Luc” (architecte-architect).

5University diplomas in civil engineering, accompanied by a traineeship certificate awarded by the association of architects entitling the holder to hold the professional title of architect (architecte-architect).

6The diplomas in architecture awarded by the central or State examining board for architecture (architecte-architect).

7The civil engineering/architecture diplomas and architecture/engineering diplomas awarded by the faculties of applied sciences of the universities and by the Polytechnic Faculty of Mons (ingénieur-architecte, ingenieur-architect).

DenmarkU.K.

1The diplomas awarded by the National Schools of Architecture in Copenhagen and Aarhus (arkitekt).

2The certificate of registration issued by the Board of Architects pursuant to Law No. 202 of 28th May 1975 (registreret arkitekt).

3Diplomas awarded by the Higher Schools of Civil Engineering (bygningskonstruktør), accompanied by a certificate from the competent authorities to the effect that the person concerned has passed a test of his formal qualifications in accordance with Article 13 of the Directive.

FranceU.K.

1The Government architect’s diploma awarded by the Ministry of Education until 1959, and subsequently by the Ministry of Cultural Affairs (architecte DPLG).

2The diplomas awarded by the ’Ecole spéciale “architecture” (architecte DESA).

3The diplomas awarded since 1955 by the department of architecture of the “Ecole nationale supérieure des Arts et Industries de Strasbourg” (formerly the “Ecole nationale d’ingénieurs de Strasbourg”) (architecte ENSAIS).

GermanyU.K.

1The diplomas awarded by higher institutes of fine arts (Dipl.-Ing., Architekt (HfbK)).

2The diplomas awarded by the departments of architecture (Architektur/Hochbau) of “Technische Hochschulen”, of technical universities, of universities and, insofar as these institutions have been merged into “Gesamthochschulen”, of “Gesamthochschulen” (Dipl.-Ing., and any other title which may be laid down later for holders of these diplomas).

3The diplomas awarded by the departments of architecture (Arkitechtur/Hochbau) of “Fachhochschulen” and, insofar as these institutions have been merged into “Gesamthochschulen”, by the departments of architecture (Architektur/Hochbau) of “Gesamthochschulen”, where the period of study leading to that diploma is at least four years (Ingenieur grad. and any other title which may be laid down later for holders of these diplomas).

4The diplomas (Prüfungszeugnisse) awarded before 1st January 1973 by the departments of architecture of “Ingenieurschulen” and of “Werkkunstschulen”, accompanied by a certificate from the competent authorities to the effect that the person concerned has passed a test of his formal qualifications in accordance with Article 13 of the Directive.

GreeceU.K.

1The engineering/architecture diplomas awarded by the METSOVION POLYTECHNION of Athens, together with a certificate issued by Greece’s Technical Chamber conferring the right to pursue activities in the field of architecture.

2The engineering/architecture diplomas awarded by the ARISTOTELION PANEPISTIMION of Thessaloniki, together with a certificate issued by Greece’s Technical Chamber conferring the right to pursue activities in the field of architecture.

3The engineering/civil engineering diplomas awarded by the METSOVION POLYTECHNION of Athens, together with a certificate issued by Greece’s Technical Chamber conferring the right to pursue activities in the field of architecture.

4The engineering/civil engineering diplomas awarded by the ARISTOTELION PANEPISTIMION of Thessaloniki, together with a certificate issued by Greece’s Technical Chamber conferring the right to pursue activities in the field of architecture.

5The engineering/civil engineering diplomas awarded by the PANEPISTIMION THRAKIS, together with a certificate issued by Greece’s Technical Chamber conferring the right to pursue activities in the field of architecture.

6The engineering/civil engineering diplomas awarded by the PANEPISTIMION PATRON, together with a certificate issued by Greece’s Technical Chamber conferring the right to pursue activities in the field of architecture.

IrelandU.K.

1The degree of Bachelor of Architecture awarded by the National University of Ireland (B.Arch.(NUI)) to architecture graduates of University College, Dublin.

2The diploma of degree standard in architecture awarded by the College of Technology, Bolton Street, Dublin (Dip Arch.).

3The certificate of associateship of the Royal Institute of Architects of Ireland (ARIAI).

4The certificate of membership of the Royal Institute of Architects of Ireland (MRIAI).

ItalyU.K.

1“Laurea in architettura” diplomas awarded by universities, polytechnic institutes and the higher institutes of architecture of Venice and Reggio Calabria, accompanied by the diploma entitling the holder to pursue independently the profession of architect, awarded by the Minister for Education after the candidate has passed before a competent board the State examination entitling him to pursue independently the profession of architect (dott. Architetto).

2“Laurea in ingegneria” diplomas in building construction (“sezione costenzione civile”) awarded by universities and polytechnic institutes, accompanied by the diploma entitling the holder to pursue independently a profession in the field of architecture, awarded by the Minister for Education after the candidate has passed before a competent board the State examination entitling him to pursue the profession independently (dott. Ing. Architetto or dott. Ing. in ingegneria civile).

NetherlandsU.K.

1The certificate stating that its holder has passed the degree examination in architecture awarded by the departments of architecture of the technical colleges of Delft or Eindhoven (bouwkundig ingenieur).

2The diplomas awarded by State-recognised architectural academies (architect).

3The diplomas awarded until 1971 by the former architectural colleges (Hoger Bouwkunstonderricht) (architect HBO).

4The diplomas awarded until 1970 by the former architectural colleges (Voortgezet Bouwkunstonderricht) (architect VBO).

5The certificate stating that the person concerned has passed an examination organised by the Architects Council of the “Bond van Nederlandse Architecten” (Order of Dutch Architects, BNA) (architect).

6The diploma of the “Stichting Instituut voor Architectuur” (“Institute of Architecture” Foundation) (IVA) awarded on completion of a course organised by this foundation and extending over a minimum period of four years (architect), accompanied by a certificate from the competent authorities to the effect that the person concerned has passed a test of his formal qualifications in accordance with Article 13 of the Directive.

7A certificate issued by the competent authorities to the effect that, before 5th August 1985 the person concerned passed the degree examination of “Kandidaat in de bouwkunde” organised by the technical colleges of Delft or Eindhoven and that, over a period of at least five years immediately prior to that date, he pursued architectural activities the nature and importance of which, in accordance with Netherlands requirements, guarantee that he is competent to pursue those activities (architect).

8A certificate issued by the competent authorities only to persons who have reached the age of 40 years before 5th August 1985 certifying that, over a period of at least five years immediately prior to that date, the person concerned had pursued architectural activities the nature and importance of which, in accordance with Netherlands requirements, guarantee that he is competent to pursue those activities (architect).

Note

The certificates referred to in paragraphs 7 and 8 need no longer be recognised as from the date of entry into force of laws and regulations in the Netherlands governing the taking up and pursuit of architectural activities under the professional title of architect, in so far as under such provisions those certificates do not authorise the taking up of such activities under that professional title.

PortugalU.K.

1The Diploma “diploma do curso especial de arquitectura” awarded by the Schools of Fine Arts of Lisbon and of Porto.

2The Architects Diploma “diploma de arquitecto” awarded by the Schools of Fine Arts of Lisbon and of Porto.

3The Diploma “diploma do curso de arquitectura” awarded by the Higher Schools of Fine Arts of Lisbon and Porto.

4The Diploma “diploma de licenciatura em arquitectura” awarded by the Higher School of Fine Arts of Lisbon.

5The Diploma “carta de curso de licenciatura em arquitectura” awarded by the Technical University of Lisbon and the University of Porto.

6The university diploma in civil engineering awarded by the Higher Technical Institute of the Technical University of Lisbon (Licenciatura em engenharia civil).

7The university diploma in civil engineering awarded by the Faculty of Science and Technology of the University of Porto (Licenciatura em engenharia civil).

8The university diploma in civil engineering awarded by the Faculty of Science and Technology of the University of Coimbra (Licenciatura em engenharia civil).

9The university diploma in civil engineering (production) awarded by the University of Minho (Licenciatura em engenharia civil (produção)).

SpainU.K.

The official formal qualification of an architect (titulo oficial de arquitecto) awarded by the Ministry of Education and Science or by the universities.

PART IIU.K. SPECIAL PROVISIONS FOR GERMANY

The diplomas awarded by the departments of architecture (Architektur/Hochbau) of “Fachhochschulen” and, insofar as these institutions have been merged into “Gesamthochschulen”, by the departments of architecture (Architektur/Hochbau) of “Gesamthochschulen”, where the period of study leading to that diploma is less than four years but at least three years (Ingenieur grad. and any other title which may be laid down later for holders of these diplomas).