Part IIIU.K. Architects

MiscellaneousU.K.

123 Offence of practising while not registered.U.K.

(1)In section 1 (prohibition on practising or carrying on business under title of architect by person who is not registered) of the M1Architects 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 M2Magistrates’ Courts Act 1980 (information to be laid within six months of offence);

(b)Article 19(1) of the M3Magistrates’ Courts (Northern Ireland) Order 1981 (complaint to be made within that time); and

(c)section 136(1) of the M4Criminal 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..

MiscellaneousU.K.

125 Supplementary.U.K.

(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 M5Architects (Registration) Act 1931,

  • the 1938 Act” means the M6Architects 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.

Commencement Information

I1S. 125 wholly in force; s. 125 not in force at Royal Assent see s. 150; s. 125 in force for certain purposes at 1.10.1996 by S.I. 1996/2352, art. 2(3); s. 125 in force insofar as not already in force at 1.4.1997 by S.I. 1996/2842, art. 4

Marginal Citations

Part IIIU.K. Architects

MiscellaneousU.K.

123 Offence of practising while not registered.U.K.

(1)In section 1 (prohibition on practising or carrying on business under title of architect by person who is not registered) of the M1Architects 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 M2Magistrates’ Courts Act 1980 (information to be laid within six months of offence);

(b)Article 19(1) of the M3Magistrates’ Courts (Northern Ireland) Order 1981 (complaint to be made within that time); and

(c)section 136(1) of the M4Criminal 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..