Architects (Registration) Act 1931 (Repealed 21.7.1997)

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—

• The expression “the Council” means the Architects’ Registration Council of the United Kingdom established for the purposes of this Act.

• The expression “registered person” means a person registered under this Act.

• The expression “prescribed” means prescribed by regulations made by the Council under this Act.

• The expression “the Register” means the Register kept in pursuance of this Act.

• [F1 The expression “the Directive” means European Communities Council Directive No. M1 85/384/EEC on the mutual recognition of diplomas, certificates and other evidence of formal qualifications in architecture, as amended by European Communities Council Directives Nos. M2 85/614/EEC and M3 86/17/EEC.

• The expression “competent authority”, in relation to a member State, means an authority or body designated by the member State in accordance with the Directive.

• The expression “national”in relation to a member State means the same as in the Community Treaties, 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 Community provisions relating to the free movement of persons and services.

• The expression “disqualifying decision in another member State”in relation to any person means a decision made by a competent authority of a member State other than the United Kingdom which-

  (a)

  is expressed to be made on the ground that he has committed a criminal offence or has misconducted himself in a professional respect; and

  (b)

  has in that State the effect that he is no longer registered or otherwise officially recognised as an architect or that he is prohibited from practising as an architect there.]

Textual Amendments

F1 Words inserted by S.I. 1987/1824, art. 3

Marginal Citations

M1 O.J. No. L. 223/15.

M2 O.J. No. L. 376/1.

M3 O.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 . . . F3 to . . . F3 maintain a register to be called “the Register of [F4 Architects]” 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 . . . F5 annually . . . 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 [F6 level 2 on the standard scale].

Textual Amendments

F2 Words repealed by Charities Act 1960 (c. 58), Sch. 7 Pt. II and Mortmain (Repeals) Act (Northern Ireland) 1960 (c. 20), s. 1(2)

F3 Words repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1, Pt. VII

F4 Word substituted by Architects Registration Act 1938 (c. 54), s. 1(3)

F5 Words repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1, Pt. VII

F6 Words substituted by virtue of (E.W.) Criminal Law Act 1977 (c. 45, SIF 39:1), s. 31 and Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46, (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289C, 289G and (N.I.) S.I. 1984/703 (N.I.3), arts. 5, 6

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.

Valid from 01/04/1997

4A F7 Staff. 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

F7 Ss. 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 [F8 in 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 [F8 in 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 [F8 in 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

F8 Words inserted by S.I. 1987/1824, art. 4

Valid from 01/04/1997

[F9 5A 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

F9 S. 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.

Textual Amendments

F10 S. 6(1)(b) repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1, Pt. VII

[F11 6A (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

F11 S. 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)

Valid from 01/04/1997

[F12 6B 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

F12 Ss. 6B, 6C inserted (1.4.1997) by 1996 c. 53, s. 120(3); S.I. 1996/2842, art.4

Modifications etc. (not altering text)

C1 S. 6B amended (1.4.1997) by 1996 c. 53, s. 125, Sch. 2 Pt. III para.24; S.I. 1996/2842, art.4

Valid from 01/04/1997

F13 6C 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

F13 Ss. 6B, 6C inserted (1.4.1997) by 1996 c. 53, s. 120(3); S.I. 1996/2842, art.4

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)

C2 Functions 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

C3 Functions 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

C4 S. 7(5) amended (E.W.) (1. 1. 1992) by S.I. 1991/2684, arts. 2, 4, 5, Sch.1

Valid from 01/04/1997

F14 7ZA 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

F14 Ss. 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)

C5 Ss. 7, 7ZA-7ZD extended (1.4.1997) by 1996 c. 53, s. 125, Sch. 2 Pt. III para. 27(1); S.I. 1996/2842, art.4

Valid from 01/04/1997

F15 7ZB 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

F15 Ss. 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)

C6 Ss. 7, 7ZA-7ZD extended (1.4.1997) by 1996 c. 53, s. 125, Sch. 2 Pt. III para. 27(1); S.I. 1996/2842, art.4

Valid from 01/04/1997

F16 7ZC 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

F16 Ss. 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)

C7 Ss. 7, 7ZA-7ZD extended (1.4.1997) by 1996 c. 53, s. 125, Sch. 2 Pt. III para. 27(1); S.I. 1996/2842, art.4

Valid from 01/04/1997

F17 7ZD 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

F17 Ss. 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)

C8 Ss. 7, 7ZA-7ZD extended (1.4.1997) by 1996 c. 53, s. 125, Sch. 2 Pt. III para. 27(1); S.I. 1996/2842, art.4

Valid from 01/04/1997

[F18 7ZE 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

F18 S. 7ZE inserted (1.4.1997) by 1996 c. 53, s.122; S.I. 1996/2842, art.4

[F19 7A 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

F19 S. 7A inserted by S.I. 1987/1824, art. 7

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

Textual Amendments

F20 S. 10 repealed by Architects Registration Act 1938 (c. 54), s. 1(4)

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)

C9 S. 11 amended by Recorded Delivery Service Act 1962 (c. 27), s. 1, Sch.

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 [F21 level 3 on the standard scale].

Textual Amendments

F21 Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46, (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G and (N.I.) S.I. 1984/703 (N.I.3), arts. 5, 6

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)

C10 S. 13(3)(4) applied by Architects Registration (Amendment) Act 1969 (c. 42), s. 1(2)(3)

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

Textual Amendments

F22 S. 14 repealed by Architects Registration (Amendment) Act 1969 (c. 42), s. 2

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)

C11 S. 16 amended by Recorded Delivery Service Act 1962 (c. 27), s. 1, Sch.

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 [F23 Architect]:

(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

F23 Word substituted by Architects Registration Act 1938 (c. 54), s. 1(3)

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

Textual Amendments

F24 S. 18(1) repealed by Statute Law Revision Act 1950 (c. 6), s.1, Sch. 1

F25 S. 18(3) repealed by Northern Ireland Constitution Act 1973 (c. 36), Sch.6 Pt. I