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Architects Act 1997

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Section 1.

SCHEDULE 1E+W+S+N.I. The Board and its committees

Part IE+W+S+N.I. The Board

MembershipE+W+S+N.I.

1The Board shall consist of—E+W+S+N.I.

(a)seven elected members; and

(b)eight appointed members.

Elected membersE+W+S+N.I.

2(1)The elected members shall be elected in accordance with an electoral scheme made by the Board, with the approval of the Privy Council, after consultation with such bodies as appear to the Board to be representative of architects.E+W+S+N.I.

(2)An electoral scheme under sub-paragraph (1) may be amended by the Board with the approval of the Privy Council and after consultation with such bodies as are mentioned in that sub-paragraph.

(3)The persons qualified—

(a)to elect the elected members; and

(b)to be elected as elected members,

are all those who are registered persons when the election is held.

Appointed membersE+W+S+N.I.

3(1)The appointed members shall be appointed by the Privy Council, after consultation with the Secretary of State and such other persons or bodies as the Privy Council thinks fit, to represent the interests of users of architectural services and the general public.E+W+S+N.I.

(2)No registered person shall be eligible for appointment as an appointed member.

Term of officeE+W+S+N.I.

4(1)Subject to sub-paragraphs (2) and (3), the term of office of a member of the Board is three years.E+W+S+N.I.

(2)A member may resign at any time by notice in writing addressed to the Registrar.

(3)The Board may prescribe grounds (such as repeated absence from meetings or unacceptable professional conduct) on which any member may be removed from office and the procedure for removal.

5A person who has held office as a member of the Board for a continuous period of six years may not be elected or appointed as a member until at least three years have elapsed since he last held office.E+W+S+N.I.

Casual vacanciesE+W+S+N.I.

6(1)Where a vacancy occurs among the members of the Board otherwise than by the expiry of a member’s term of office—E+W+S+N.I.

(a)if the vacancy is among the elected members, the Board shall appoint a registered person to fill it; and

(b)if the vacancy is among the appointed members, the Privy Council shall appoint a person to fill it.

(2)Subject to paragraph 4(2) and (3), a person appointed under sub-paragraph (1) to fill a vacancy holds office until the date on which the term of office of the member whose vacancy he fills would have expired.

(3)A person appointed under sub-paragraph (1)(a) shall be regarded as an elected member and a person appointed under sub-paragraph (1)(b) shall be regarded as an appointed member.

ChairmanE+W+S+N.I.

7(1)The members of the Board shall elect a chairman from among themselves.E+W+S+N.I.

(2)The chairman—

(a)may resign by notice in writing addressed to the Registrar; and

(b)may be removed by a majority vote of the other members of the Board.

(3)Rules made by the Board may make provision for the appointment of a person to act as chairman in the event of a vacancy in the office of chairman or in such other circumstances as may be prescribed.

8In the event of a tie in any vote of the Board the chairman shall have an additional casting vote.E+W+S+N.I.

ProcedureE+W+S+N.I.

9The quorum of the Board shall be nine, of whom at least four shall be elected members and at least four shall be appointed members.E+W+S+N.I.

10The Board may make rules governing its meetings and procedure.E+W+S+N.I.

StaffE+W+S+N.I.

11(1)The Board may appoint staff.E+W+S+N.I.

(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, pay pensions to or in respect of them, or make contributions to the payment of such pensions, and pay them allowances, expenses and gratuities.

SealE+W+S+N.I.

12The Board shall have a common seal which shall be authenticated in the prescribed manner; and any document purporting to be sealed with the seal authenticated in that manner shall be receivable as evidence of the particulars stated in it.E+W+S+N.I.

Part IIE+W+S+N.I. The Professional Conduct Committee

[F113The Professional Conduct Committee shall consist of—E+W+S+N.I.

(a)four elected members of the Board;

(b)three appointed members of the Board;

(c)three persons nominated by the President of the Law Society; and

(d)six persons appointed by the Board, including three registered persons, of whom the address of at least one in the Register is in Scotland.F1]

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Amendments (Textual)

14(1)The members of the Professional Conduct Committee shall elect a chairman from among themselves.E+W+S+N.I.

(2)The chairman—

(a)may resign by notice in writing addressed to the Registrar; and

(b)may be removed by a majority vote of the other members of the Professional Conduct Committee.

(3)Rules made by the Board may make provision for the appointment of a person to act as chairman in the event of a vacancy in the office of chairman or in such other circumstances as may be prescribed.

15[F2(1)Subject to sub-paragraphs (1A) and (2), the quorum of the Professional Conduct Committee shall be one person nominated by the President of the Law Society; and any two persons from one or more of the following categories—E+W+S+N.I.

(a)the elected members of the Board;

(b)the appointed members of the Board;

(c)the persons appointed by the Board.

(1A)The Committee shall not, however, be quorate unless there are present—

(a)a member of the Committee who is a registered person; and

(b)a member of the Committee who is neither a registered person nor a person nominated by the President of the Law Society.]

F2(2)[F3In addition,]F3 where the Committee is considering the case of a person whose address in the Register is in Scotland, the Committee is not quorate unless there is present a member of the Committee who is a registered person and whose address in the Register is in Scotland.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

16In the event of a tie in any vote of the Professional Conduct Committee the chairman shall have an additional casting vote; and in any proceedings relating to a registered person the additional vote shall be cast in favour of that person.E+W+S+N.I.

17The Board may make rules governing the selection and term of office of members of the Professional Conduct Committee (including casual vacancies).E+W+S+N.I.

Part IIIE+W+S+N.I. Other committees

18(1)The Board may establish such committees as it considers appropriate—E+W+S+N.I.

(a)to discharge any of its functions under this Act other than those to which sub-paragraph (2) applies; or

(b)to assist the Board in the discharge by the Board of any of its functions.

(2)This sub-paragraph applies to the following functions—

(a)prescribing fees under section 6(1) or (2), 8(1) or (3) or 18(4); and

(b)acting under section 4(1) or (2), 5(1), 6(3), 9(1) or 13(1), (2) or (3).

19(1)Any committee established by the Board may include persons who are not members of the Board; but if a committee is established to discharge any function of the Board, the majority of the members of the committee must be members of the Board.E+W+S+N.I.

(2)Subject to that, the membership of any committee established by the Board shall be determined by the Board.

20No vote of any committee established by the Board for the discharge of any of its functions shall be valid unless the majority of those voting are members of the Board.E+W+S+N.I.

21The Board may make rules governing the term of office of members of any committee established by the Board (including casual vacancies) and the meetings and procedure (including chairmanship and quorum) of any committee established by the Board.E+W+S+N.I.

Part IVE+W+S+N.I. General

22(1)The Board, the Professional Conduct Committee and any committee established by the Board may exercise its functions even though there is a vacancy among its members.E+W+S+N.I.

(2)No proceedings of the Board, the Professional Conduct Committee or any committee established by the Board are invalidated by any defect in the election or appointment of a member.

23The Board may by rules provide for the payment to members of the Board, the Professional Conduct Committee or any committee established by the Board of—E+W+S+N.I.

(a)fees for attendance at meetings of the Board or committee; and

(b)travelling and subsistence allowances in respect of attendance at such meetings or the conduct of business of the Board or committee.

24(1)The Secretary of State may, after consultation with the Board and such other persons or bodies as he thinks fit, by order amend the provisions of this Schedule.E+W+S+N.I.

(2)An order under sub-paragraph (1) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

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