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Architects Act 1997

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Part IU.K. The Architects Registration Board

1 The Board.U.K.

(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.

(3)Part I of Schedule 1 makes provision about the Board.

(4)Part II of that Schedule makes provision about the Professional Conduct 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.

[F11ADesignation of the Board as competent authorityU.K.

(1)The Board is designated as the competent authority in the United Kingdom for the purposes of the Directive so far as relating to architects.

(2)The designation under subsection (1) does not extend to the awarding of degrees, diplomas or other qualifications in architecture.

(3)Accordingly, the Board shall in the United Kingdom carry out (in particular) the mutual-recognition functions so far as relating to architects.

(4)The carrying-out of the following functions in the United Kingdom is not entrusted to the Board by subsection (3)—

(a)the function of awarding degrees, diplomas or other qualifications in architecture;

(b)any other mutual-recognition functions the carrying out of which, so far as relating to architects, is entrusted to the Board or any other person by or under any enactment other than this section.

(5)In this section “mutual-recognition functions” means the functions specified in the Directive that a Member State, in giving effect to the Directive, must or may cause to become functions of the State’s competent authorities.]

Part IIU.K. Registration etc.

The Registrar and the RegisterU.K.

2 The Registrar.U.K.

(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.

[F2(3A)Where functions of a competent authority under the Directive are exercised by the Registrar, he exercises them on behalf of the Board.]

(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.

3 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.

[F3(1A)The Register shall consist of two Parts, to be known as Part 1 and Part 2.]

(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 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.

(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.

RegistrationU.K.

4 [F4Registration in Part 1 of the Register: general]U.K.

(1)A person who has applied to the Registrar in the prescribed manner for registration in pursuance of this section is entitled to be registered [F5in Part 1 of the Register] if—

(a)he holds such qualifications and has gained such practical experience as may be prescribed; or

(b)he has a standard of competence which, in the opinion of the Board, is equivalent to that demonstrated by satisfying paragraph (a).

(2)The Board may require a person who applies for registration on the ground that he satisfies subsection (1)(b) to pass a prescribed examination in architecture.

[F6(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) [F7which provides access to the profession of architect in the relevant European State in which that evidence was issued];

(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 [F8regulation 3(8)(a), (b), (c) or (e) of the European Union (Recognition of Professional Qualifications) Regulations 2015] ,

(ii)to whom [F9regulations 27 to 34] of those Regulations apply by reason of operation of [F10regulation 3(5)] 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).]

(3)Before prescribing—

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

(b)any examination for the purposes of subsection (2),

the Board shall consult the bodies representative of architects which are incorporated by royal charter and such other professional and educational bodies as it thinks appropriate.

(4)Where a person has duly applied for registration in pursuance of this section—

(a)if the Registrar is satisfied that the person is entitled to be registered [F11in pursuance of this section], he shall enter his name in [F12Part 1 of] the Register; but

(b)if the Registrar is not so satisfied, he shall refer the application to the Board.

(5)The Registrar shall not consider an application for registration in pursuance of this section in any case in which it is inappropriate for him to do so (for instance because he is in any way connected with the applicant) but in such a case he shall refer the application to the Board.

(6)Where a person’s application is referred to the Board under subsection (4) or (5), the Board shall direct the Registrar to enter the person’s name in [F13Part 1 of] the Register if it is satisfied that he is entitled to be registered [F14in pursuance of this section].

[F15(7)For the purposes of subsection (2A)(a), evidence is to be treated as issued in a relevant European State if it is issued in a country (or former country) whose territory at any time consisted of, or included, the whole or part of the territory of that State.]

Textual Amendments

F8Words in s. 4(2A)(c)(i) substituted (9.12.2016) by The Architects Act 1997 (Amendment) Order 2016 (S.I. 2016/1088), arts. 1, 2(2)(a)

F9Words in s. 4(2A)(c)(ii) substituted (9.12.2016) by The Architects Act 1997 (Amendment) Order 2016 (S.I. 2016/1088), arts. 1, 2(2)(b)(i)

F10Words in s. 4(2A)(c)(ii) substituted (9.12.2016) by The Architects Act 1997 (Amendment) Order 2016 (S.I. 2016/1088), arts. 1, 2(2)(b)(ii)

[F164ARegistration in Part 1 of the Register: European qualificationsU.K.

(1)The descriptions referred to in section 4(2A)(a) are—

(a) evidence of formal qualifications listed in point 5.7.1 of Annex V to the Directive (qualifications in architecture satisfying the minimum training conditions mentioned in Article 46 of the Directive , including training which is, under Article 22(a), to be treated as meeting those conditions), accompanied, where appropriate, by the certificate listed in relation to that evidence in the column of that point of that Annex entitled “Certificate accompanying the evidence of qualifications”;

(b) evidence of formal qualifications as an architect which is required to be recognised under paragraph 3, 4 or 5 of Article 23 of the Directive (recognition of qualifications issued by the former Czechoslovakia, former Soviet Union, and former Yugoslovia), accompanied by—

(i)such attestation in respect of that evidence as is mentioned in that paragraph, and

(ii)such a certificate as is required by the second sub-paragraph of that paragraph;

(c) evidence of training which is required by [F17paragraph 3 of Article 49] of the Directive to be recognised as satisfying Article 21 of the Directive (training provided by ‘Fachhochschulen’ in the Federal Republic of Germany), accompanied by such a certificate (certificate as to 4 years’ post-training experience) as is mentioned in that paragraph;

(d) evidence of training which is required by F18... Article 47 of the Directive to be recognised as satisfying Article 21 of the Directive (training as part of social betterment schemes or part-time university studies), accompanied by evidence of—

(i)having passed such an examination as is mentioned in [F19Article 47 of the Directive], and

(ii)having worked as mentioned in that [F20Article] (7 years’ supervised work in the field of architecture);

(e) evidence of formal qualifications which is required by [F21paragraphs 1 and 1a] of Article 49 of the Directive to be recognised by the United Kingdom (acquired rights: recognition of evidence of qualifications listed in [F22Annexes V and VI] to the Directive and awarded in other relevant European States; and recognition of evidence of qualifications issued in the German Democratic Republic and certified as equivalent to evidence so listed); and

(f) evidence of formal qualifications in the form of a certificate which is required to be recognised by paragraph 2 of Article 49 of the Directive (acquired rights: rules governing the access to and pursuit of the activities of an architect as of dates specified for individual Member States).

(2)Where a person applies for registration in pursuance of section 4 and, in doing so, relies on subsection (2A) of that section—

(a) the Registrar may, for the purposes of deciding whether the person is entitled to be registered in pursuance of section 4, demand any documents within Annex VII to the Directive and may, where the demand relates to a document within point 1(d), (e) or (f) of that Annex, treat the demand as unsatisfied if the document submitted to the Registrar in response to the demand is more than 3 months old when submitted;

(b) in the event of justified doubts as to whether the person is entitled to be registered in pursuance of section 4, the Registrar may require from the competent authorities of a relevant European State confirmation of the authenticity of the attestations and evidence of formal qualifications awarded in that other relevant European State, as well as confirmation of the fact that the person fulfils the minimum training conditions set out in Article 46 of the Directive (including training which is, under Article 22(a), to be treated as meeting those conditions);

(c)in case of justified doubt as to whether the person is entitled to be registered in pursuance of section 4, where evidence of formal qualifications has been issued by a competent authority in a relevant European State and includes evidence as to training received in whole or in part in an establishment legally established in the territory of another relevant European state, the Registrar shall be entitled to verify with the competent authority in the relevant European State of origin of the award—

(i)whether the training course at the establishment which gave the training has been formally certified by the educational establishment based in the relevant European State of origin of the award;

(ii)whether the evidence of formal qualifications issued is the same as that which would have been awarded if the course had been followed entirely in the relevant European State of origin of the award; and

(iii)whether the evidence of formal qualifications confers the same professional rights in the territory of the relevant European State of origin of the award.

(3) Subsection (4) applies to a person who is registered in Part 1 of the Register in pursuance of section 4 in reliance on subsection (2A) of that section.

(4)The person, when using his academic title or any abbreviation of it—

(a)may express the title or abbreviation in the language, or one of the languages, of the relevant European State in which the body conferring the title is located;

(b)must follow the title or abbreviation with the name and location of the body conferring the title.]

[F235A Registration in Part 2 of the Register : Directive-rights nationals providing services U.K.

(1)Schedule 1A (registration of person lawfully established as an architect in a relevant European State and wishing to provide services in the United Kingdom on a temporary and occasional basis) has effect.

(2) No fee shall be charged for registration in Part 2 of the Register .

5B Titles to be used by persons registered in Part 2 of the Register U.K.

(1) Where a person is registered in Part 2 of the Register , the Registrar must in accordance with this section record the person’s professional title against the person’s name in that Part of the Register .

(2) If the person satisfies the Registrar that the person would be entitled to be registered in Part 1 of the Register were the person to apply to be registered in that Part, the professional title to be recorded for the person shall be “architect”.

(3)In any other case—

(a)the professional title to be recorded for the person shall be as it is in the relevant European State in which the person is established as an architect,

(b)that title shall be recorded in the official language, or one of the official languages, of that State, and

(c)if the title that is to be recorded in accordance with paragraphs (a) and (b) is “architect” or is confusingly similar to “architect”, the title to be recorded for the person shall be the title that is to be recorded in accordance with paragraphs (a) and (b) followed by the name of that State in brackets.

5CInformation to be given to recipients of the serviceU.K.

(1)Subsection (2) applies to a person (“P”) if—

(a) P is entitled to be registered in Part 2 of the Register , and

(b) P’s professional title falls to be recorded in that Part of the Register in accordance with section 5B(3).

(2)Before P provides any services as an architect in the United Kingdom to another person, P shall give to that person the following information in writing—

(a)if P is registered in a commercial register or similar public register, the register in which he is registered, his registration number, or equivalent means of identification contained in that register;

(b)if the activity is subject to authorisation in the relevant European State in which P is established, the name and address of the competent supervisory authority;

(c)any professional association or similar body with which P is registered;

(d)P’s professional title or, where no such title exists, P’s formal qualification and the State in which it was awarded;

(e) if P performs an activity which is subject to VAT , the VAT identification number referred to in Article 22(1) of the sixth Council Directive 77/388/ EEC of 17 May 1977 on the harmonisation of the laws of the Member States relating to turnover taxes – Common system of value added tax: uniform basis of assessment; and

(f)details of any insurance cover or other means of personal or collective protection with regard to professional liability which P has.

5DAdministrative co-operation with other relevant European StatesU.K.

(1) Where a person seeks registration in Part 2 of the Register , re-registration in that Part or continuation of registration in that Part, the Registrar may ask the competent authorities of the relevant European State where that person is established as an architect, for each provision of services, to provide information relevant to the legality of that person’s establishment and his good conduct, as well as the absence of any disciplinary or criminal sanctions of a professional nature.

(2) Where a competent authority of a relevant European State other than the United Kingdom requests information of the kind described in subsection (1) in respect of a registered architect who is established in the United Kingdom and who wishes to provide services in that relevant European State, the Board shall provide the information in accordance with the provisions of Article 56 of the Directive .

(3) The Registrar may make enquiries of registered persons where the Registrar considers it necessary to do so for the purposes of enabling the Board to discharge its duties under subsection (2).

(4)Where a registered person receives enquiries under subsection (3), the person shall reply and, in replying, shall use the person’s best endeavours to assist the Registrar.

(5)The power under subsection (3) is not to be taken to prejudice any other power to make enquiries of registered persons.

5EComplaints by recipients of servicesU.K.

(1)In subsections (2) and (3) “service complaint” means a complaint by a recipient of services made against a person in respect of services provided, by that person as an architect on a temporary and occasional basis, in any relevant European State other than the relevant European State where that person is lawfully established as an architect.

(2)The Board shall ensure the exchange with other competent authorities of all information necessary for service complaints to be correctly pursued.

(3)Where the Registrar knows the outcome of a service complaint but it appears to the Registrar that the person who made the complaint does not or may not know the outcome, the Registrar shall inform the person of the outcome of the complaint.]

6 Registration: further procedural requirements.U.K.

(1)The Board may require an applicant for registration in [F24Part 1 of the Register] 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.

[F25(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 [F26regulation 32(1)(b) of the European Union (Recognition of Professional Qualifications) Regulations 2015] on the basis that the circumstances are as mentioned in [F27regulation 32(3)(a)] of those Regulations (education and training received by the applicant covers substantially different matters from that required in the United Kingdom).]

(3)The Board may prescribe the information and evidence to be provided to the Registrar in connection with an application for registration in [F28Part 1 of the Register].

[F29(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.]

[F30(4)The Registrar shall serve on an applicant[F31for registration in Part 1 of the Register] written notice of the decision on his application.

[F32(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.]

(4B)Notice of a refusal in the case of an application [F33by a person who in making the application relies on section 4(2A)] shall state reasons for the refusal.]

F34(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F30S. 6(4)-(4B) substituted for s. 6(4) (23.12.2002) by S.I. 2002/2842, art. 4(2)

[F356A.Issuing of certificates of architectural educationU.K.

(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.]

7 Penalty for obtaining registration[F36or recognition] by false representation.U.K.

[F37(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.U.K.

8 Retention of name in Register.U.K.

(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 [F38Part 1 of] 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 [F38Part 1 of] the Register.

(3)Where a person whose name has been removed from [F38Part 1 of] 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 [F38Part 1 of] the Register (without his having to make an application under section 4 F39...); and

(b)if the Board so directs, it shall be treated as having been re-entered on the date on which it was removed.

9 Competence to practise.U.K.

(1)Where the Board is not satisfied that a person who—

(a)applies for registration in pursuance of section 4 F40...;

(b)wishes his name to be retained or re-entered in [F41Part 1 of] the Register under section 8; or

(c)applies for his name to be re-entered in [F41Part 1 of] the Register under section 18,

has gained such recent practical experience as the Board may prescribe, his name shall not be entered or re-entered in [F41Part 1 of] the Register, or shall be removed from it, 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, [F41Part 1 of] the Register, the Registrar shall serve written notice of the decision on him within the prescribed period after the date of the decision.

10 Disqualification in [F42a relevant European State].U.K.

(1)The Board may order the Registrar to remove a person’s name from[F43Part 1 of] the Register if—

[F44(a) the person relied on section 4(2A) in making the application that led to the person’s name being entered in Part 1 of the Register ;

(aa) at the time when the person’s name was entered in Part 1 of the Register , there was a disqualifying decision in force in respect of the person in a relevant European State other than the United Kingdom; ]

(b)at that time the Board was unaware of that fact; and

(c)the Board is satisfied that the person was at that time and is still subject to that disqualifying decision.

(2)Where the Board orders the Registrar to remove a person’s name from the Register under this section, the Registrar shall serve written notice of the removal on him as soon as is reasonably practicable.

11 Failure to notify change of address.U.K.

Where the Registrar serves notice in writing on a [F45person registered in Part 1 of the Register] 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.

F46...U.K.

F4712 Visiting EEA architects.U.K.

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

Part IIIU.K. Discipline

Professional standardsU.K.

13 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 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).

14 Professional misconduct and incompetence.U.K.

(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 ordersU.K.

15 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 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.

F48(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

16 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 15, 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.

17 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.

18 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.

F49...U.K.

F5019 Application of discipline provisions to visiting EEA architects.U.K.

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

Part IVU.K. Use of title “architect”

20 Use of title “architect”.U.K.

(1)A person shall not practise or carry on business under any name, style or title containing the word “architect” unless he is a person registered [F51in Part 1 of the Register].

(2)Subsection (1) does not prevent any use of the designation “naval architect”, “landscape architect” or “golf-course architect”.

(3)Subsection (1) does not prevent a body corporate, firm or partnership from carrying on business under a name, style or title containing the word “architect” if—

(a)the business of the body corporate, firm or partnership so far as it relates to architecture is under the control and management of a [F52person registered in Part 1 of the Register] who does not act at the same time in a similar capacity for any other body corporate, firm or partnership; and

(b)in all premises where its business relating to architecture is carried on it is carried on by or under the supervision of a [F52person registered in Part 1 of the Register].

(4)The Board may by rules provide that subsection (3) 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.

[F53(5)Subsection (1) does not prevent a person registered in Part 2 of the Register using—

(a)the title recorded for the person in that Part; or

(b)any other title that could have been recorded for the person in that Part.]

(6)For the purposes of this section a person is not treated as not practising by reason only of his being in the employment of another person.

(7)In this section “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.

(8)Nothing in this section affects the validity of any building contract in customary form.

21 Offence.U.K.

(1)If any person contravenes section 20(1) he commits an offence and is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(2)A person is not guilty of an offence by reason of contravening section 20(1) on any particular date if—

(a)the contravention is occasioned by the fact that an application on his part for registration under this Act has not been granted; and

(b)notice of the decision not to grant the application had not been duly served under this Act before that date.

(3)A person is not guilty of an offence by reason of contravening section 20(1) on any particular date if the contravention is occasioned by the removal of his name from the Register in circumstances in which notice is required to be served on him and—

(a)the notice had not been duly served before that date;

(b)the time for bringing an appeal against the removal had not expired at that date; or

(c)such an appeal had been duly brought, but had not been determined, before that date.

(4)In relation to an offence under subsection (1)—

(a)section 127(1) of the M1Magistrates’ Courts Act 1980 (information to be laid within six months of offence);

(b)Article 19(1) of the M2Magistrates’ Courts (Northern Ireland) Order 1981 (complaint to be made within that time); and

(c)section 136(1) of the M3Criminal 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.

Part VU.K. General and supplementary

GeneralU.K.

[F5422 Appeals.U.K.

(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 [F55in England and Wales to the county court or, in Northern Ireland,] 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.]

Textual Amendments

F55Words in s. 22(6) inserted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 61; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

[F5622BAdministrative co-operationU.K.

(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.

22CConfidentialityU.K.

(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.]

23 Rules.U.K.

(1)The Board may make rules generally for carrying out or facilitating the purposes of this Act.

(2)The Board shall, before making any rules under this Act, publish a draft of the rules and give those to whom the rules would be applicable an opportunity of making representations to the Board.

(3)The Registrar shall on payment of the prescribed charges supply a copy of any rules made under this Act and of any forms prescribed by such rules to any person applying for them.

24 Service of documents.U.K.

(1)Any notice or document required to be served by or for the purposes of this Act 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 required to be served by section 9(2), 10(2), 11(a), 14(4)(a) or 15(3) shall be sent by post as a registered letter.

SupplementaryU.K.

25 Interpretation.U.K.

[F57(1)]In this Act—

  • the Board” means the Architects Registration Board;

  • [F58 “competent authority” means any authority or body designated by a relevant European State for the purposes of the Directive as competent to—

    (a)

    issue, or receive, evidence of qualifications or other information or documents, or

    (b)

    receive applications, and take the decisions, referred to in the Directive,

    in connection with the profession of architect;]

  • [F59 “the Directive ” means Council Directive 2005/36/ EC on the recognition of professional qualifications, and—

    (a)

    any reference to the Directive includes (without prejudice to the operation of section 20A of the Interpretation Act 1978) a reference to the Directive as extended by the EEA Agreement (see the amendments made to that Agreement by Decision of the EEA Joint Committee No. 142/2007 on 26 th October 2007), and

    (aa)

    [F60any reference to the Directive includes (without prejudice to the operation of section 20A of the Interpretation Act 1978) a reference to the Directive as extended by the Swiss Agreement (see the amendments made to that Agreement by Decision No. 2/2011 of the EU-Swiss Joint Committee on 30th September 2011), and]

    (b)

    any reference to an Annex to the Directive is, except where the reference to the Directive is to the Directive as extended by the EEA Agreement [F61and by the Swiss Agreement], a reference to the Annex as amended from time to time;

  • “Directive-rights national” means—

    (a)

    a national of a relevant European State other than the United Kingdom,

    (b)

    a national of the United Kingdom who is seeking access to, or is pursuing, the profession of architect by virtue of an enforceable Community right, or

    (c)

    a person who is not a national of a relevant European State but who is, by virtue of an enforceable Community right, entitled to be treated, for the purposes of access to and pursuit of the profession of architect, no less favourably than a national of a relevant European State,

    but does not include a person who, by virtue of Article 2 of Protocol No. 3 (Channel Islands and Isle of Man) to the Treaty of Accession, is not to benefit from [F62EU] provisions relating to the free movement of persons and services;]

  • disciplinary order” has the meaning given by section 15;

  • [F63“disqualifying decision”, in relation to any person, means a decision which—

    (a)

    is made by a competent authority of a relevant European State other than the United Kingdom, and

    (b)

    has the effect in that State that the person is no longer lawfully established as an architect there or that the person is prohibited (even temporarily) from practising as an architect there;]

  • F64...

  • erasure order” shall be construed in accordance with section 18;

  • F64...

  • F64...

  • penalty order” shall be construed in accordance with section 16;

  • prescribed” means prescribed by rules made by the Board and “prescribe” means prescribe by rules;

  • the Register” means the Register of Architects;

  • registered person” means a person whose name is in the Register;

  • the Registrar” means the Registrar of Architects;

  • [F65 “relevant European State” means an EEA State [F66or Switzerland]; ]

  • suspension order” shall be construed in accordance with section 17; F67...

  • [F68“the Swiss Agreement” means the Agreement between the European Community and its member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons signed at Luxembourg on 21st June 1999;]

  • [F69“third country” means a country other than a relevant European State; and]

  • unacceptable professional conduct” has the meaning given by section 14.

F70(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F57Words in s. 25 (which becomes subsection (1)) inserted (23.12.2002) by S.I. 2002/2842, art. 6(1)

26 Consequential amendments.U.K.

In—

F71(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)section 52(1) of the M4Cathedrals Measure 1963, in the definition of “architect”; and

(c)section 20(1) of the M5Care of Cathedrals Measure 1990, in the definition of “architect”,

for “Architects Acts 1931 to 1996” substitute “ Architects Act 1997 ”.

27 Transitionals, repeals etc.U.K.

Schedule 2 (transitional provisions and savings) and Schedule 3 (repeals and revocations) have effect.

28 Short title, commencement and extent.U.K.

(1)This Act may be cited as the Architects Act 1997.

(2)This Act (apart from this section) shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint.

(3)This Act extends to Northern Ireland.

Subordinate Legislation Made

P1S. 28(2) power fully exercised (9.7.1997): 21.7.1997 appointed day by S.I. 1997/1672

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