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Architects (Registration) Act 1931 (Repealed 21.7.1997)

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Version Superseded: 21/07/1997

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Section 3.]

[F1FIRST SCHEDULEU.K. The Board and its committees

Textual Amendments

F1First Schedule substituted (1.4.1997) by 1996 c. 53, ss. 118(4), 125, Sch. 2 Pt.I, III; S.I. 1996/2842, art.4

Part IU.K.The Board

Commencement Information

I1First Schedule substituted (1.4.1997 with effect as mentioned in Sch. 2 Pt. III para. 2 of the amending Act and S.I. 1996/2352, art. 2(3)) by 1996 c. 53, ss. 118(4), 125, Sch. 2 Pts.I, III; S.I. 1996/2352, art. 2(3); S.I. 1996/2842, art.4

F2MembershipU.K.

Textual Amendments

F2First Schedule substituted (1.4.1997 with effect as mentioned in Sch. 2 Pt. III para. 21 of the amending Act and S.I. 1996/2352, art. 2(3)) by 1996 c. 53, ss. 118(4), 125, Sch. 2 Pt.I, III; S.I. 1996/2352, art. 2(3); S.I. 1996/2842, art.4

F31The Board shall consist of—

(a)seven elected members; and

(b)eight appointed members.

Textual Amendments

F3First Schedule substituted (1.4.1997 with effect as mentioned in Sch. 2 Pt. III para. 21 of the amending Act and S.I. 1996/2352, art. 2(3)) by 1996 c. 53, ss. 118(4), 125, Sch. 2 Pt.I, III; S.I. 1996/2352, art. 2(3); S.I. 1996/2842, art.4

F4Elected membersU.K.

Textual Amendments

F4First Schedule substituted (1.4.1997 with effect as mentioned in Sch. 2 Pt. III para. 21 of the amending Act and S.I. 1996/2352, art. 2(3)) by 1996 c. 53, ss. 118(4), 125, Sch. 2 Pt.I, III; S.I. 1996/2352, art. 2(3); S.I. 1996/2842, art.4

F52(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.

(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.

Textual Amendments

F5First Schedule substituted (1.4.1997 with effect as mentioned in Sch. 2 Pt. III para. 21 of the amending Act and S.I. 1996/2352, art. 2(3)) by 1996 c. 53, ss. 118(4), 125, Sch. 2 Pt.I, III; S.I. 1996/2352, art. 2(3); S.I. 1996/2842, art.4

F6Appointed membersU.K.

Textual Amendments

F6First Schedule substituted (1.4.1997 with effect as mentioned in Sch. 2 Pt. III para. 21 of the amending Act and S.I. 1996/2352, art. 2(3)) by 1996 c. 53, ss. 118(4), 125, Sch. 2 Pt.I, III; S.I. 1996/2352, art. 2(3); S.I. 1996/2842, art.4

F73(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 think fit, to represent the interests of users of architectural services and the general public.

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

Textual Amendments

F7First Schedule substituted (1.4.1997 with effect as mentioned in Sch. 2 Pt. III para. 21 of the amending Act and S.I. 1996/2352, art. 2(3)) by 1996 c. 53, ss. 118(4), 125, Sch. 2 Pt.I, III; S.I. 1996/2352, art. 2(3); S.I. 1996/2842, art.4

F8Term of officeU.K.

Textual Amendments

F8First Schedule substituted (1.4.1997 with effect as mentioned in Sch. 2 Pt. III para. 21 of the amending Act and S.I. 1996/2352, art. 2(3)) by 1996 c. 53, ss. 118(4), 125, Sch. 2 Pt.I, III; S.I. 1996/2352, art. 2(3); S.I. 1996/2842, art.4

F94(1)Subject to sub-paragraphs (2) and (3), the term of office of a member of the Board is three years.

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

(3)The Board may by rules 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.

Textual Amendments

F9First Schedule substituted (1.4.1997 with effect as mentioned in Sch. 2 Pt. III para. 21 of the amending Act and S.I. 1996/2352, art. 2(3)) by 1996 c. 53, ss. 118(4), 125, Sch. 2 Pt.I, III; S.I. 1996/2352, art. 2(3); S.I. 1996/2842, art.4

F105A 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.

Textual Amendments

F10First Schedule substituted (1.4.1997 with effect as mentioned in Sch. 2 Pt. III para. 21 of the amending Act and S.I. 1996/2352, art. 2(3)) by 1996 c. 53, ss. 118(4), 125, Sch. 2 Pt.I, III; S.I. 1996/2352, art. 2(3);S.I. 1996/2842, art.4

F11Casual vacanciesU.K.

Textual Amendments

F11First Schedule substituted (1.4.1997 with effect as mentioned in Sch. 2 Pt. III para. 21 of the amending Act and S.I. 1996/2352, art. 2(3)) by 1996 c. 53, ss. 118(4), 125, Sch. 2 Pt.I, III; S.I. 1996/2352, art. 2(3); S.I. 1996/2842, art.4

F126(1)Where a vacancy occurs among the members of the Board otherwise than by the expiry of a member’s term of office—

(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.

Textual Amendments

F12First Schedule substituted (1.4.1997 with effect as mentioned in Sch. 2 Pt. III para. 21 of the amending Act and S.I. 1996/2352, art. 2(3)) by 1996 c. 53, ss. 118(4), 125, Sch. 2 Pt.I, III; S.I. 1996/2352, art. 2(3); S.I. 1996/2842, art.4

F13ChairmanU.K.

Textual Amendments

F13First Schedule substituted (1.4.1997 with effect as mentioned in Sch. 2 Pt. III para. 21 of the amending Act and S.I. 1996/2352, art. 2(3)) by 1996 c. 53, ss. 118(4), 125, Sch. 2 Pt.I, III; S.I. 1996/2352, art. 2(3); S.I. 1996/2842, art.4

F147(1)The members of the Board shall elect a chairman from among themselves.

(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.

Textual Amendments

F14First Schedule substituted (1.4.1997 with effect as mentioned in Sch. 2 Pt. III para. 21 of the amending Act and S.I. 1996/2352, art. 2(3)) by 1996 c. 53, ss. 118(4), 125, Sch. 2 Pt.I, III; S.I. 1996/2352, art. 2(3); S.I. 1996/2842, art.4

F158In the event of a tie in any vote of the Board the chairman shall have an additional casting vote.

Textual Amendments

F15First Schedule substituted (1.4.1997 with effect as mentioned in Sch. 2 Pt. III para. 21 of the amending Act and S.I. 1996/2352, art. 2(3)) by 1996 c. 53, ss. 118(4), 125, Sch. 2 Pt.I, III; S.I. 1996/2352, art. 2(3); S.I. 1996/2842, art.4

F16ProcedureU.K.

Textual Amendments

F16First Schedule substituted (1.4.1997 with effect as mentioned in Sch. 2 Pt. III para. 21 of the amending Act and S.I. 1996/2352, art. 2(3)) by 1996 c. 53, ss. 118(4), 125, Sch. 2 Pt.I, III; S.I. 1996/2352, art. 2(3); S.I. 1996/2842, art.4

F179The quorum of the Board shall be nine, of whom at least four shall be elected members and at least four shall be appointed members.

Textual Amendments

F17First Schedule substituted (1.4.1997 with effect as mentioned in Sch. 2 Pt. III para. 21 of the amending Act and S.I. 1996/2352, art. 2(3)) by 1996 c. 53, ss. 118(4), 125, Sch. 2 Pt.I, III; S.I. 1996/2352, art. 2(3); S.I. 1996/2842, art.4

F1810The Board may make rules governing its meetings and procedure.

Textual Amendments

F18First Schedule substituted (1.4.1997 with effect as mentioned in Sch. 2 Pt. III para. 21 of the amending Act and S.I. 1996/2352, art. 2(3)) by 1996 c. 53, ss. 118(4), 125, Sch. 2 Pt.I, III; S.I. 1996/2352, art. 2(3); S.I. 1996/2842, art.4

F19Part IIU.K.the professional conduct committee

Textual Amendments

F19First Schedule substituted (1.4.1997 with effect as mentioned in Sch. 2 Pt. III para. 21 of the amending Act and S.I. 1996/2352, art. 2(3)) by 1996 c. 53, ss. 118(4), 125, Sch. 2 Pt.I, III; S.I. 1996/2352, art. 2(3); S.I. 1996/2842, art.4

F2011The Professional Conduct Committee shall consist of—

(a)four elected members of the Board, including at least one whose address in the Register is in Scotland, or (if there is no elected member whose address in the Register is in Scotland or no such elected member who is willing to act) three elected members and one registered person whose address in the Register is in Scotland;

(b)three appointed members of the Board; and

(c)two persons nominated by the President of the Law Society.

Textual Amendments

F20First Schedule substituted (1.4.1997 with effect as mentioned in Sch. 2 Pt. III para. 21 of the amending Act and S.I. 1996/2352, art. 2(3)) by 1996 c. 53, ss. 118(4), 125, Sch. 2 Pt.I, III; S.I. 1996/2352, art. 2(3); S.I. 1996/2842, art.4

F2112(1)The members of the Professional Conduct Committee shall elect a chairman from among themselves.

(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.

Textual Amendments

F21First Schedule substituted (1.4.1997 with effect as mentioned in Sch. 2 Pt. III para. 21 of the amending Act and S.I. 1996/2352, art. 2(3)) by 1996 c. 53, ss. 118(4), 125, Sch. 2 Pt.I, III; S.I. 1996/2352, art. 2(3); S.I. 1996/2842, art.4

F2213(1)The quorum of the Professional Conduct Committee shall be one elected member of the Board, one appointed member of the Board and one person nominated by the President of the Law Society.

(2)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.

Textual Amendments

F22First Schedule substituted (1.4.1997 with effect as mentioned in Sch. 2 Pt. III para. 21 of the amending Act and S.I. 1996/2352, art. 2(3)) by 1996 c. 53, ss. 118(4), 125, Sch. 2 Pt.I, III; S.I. 1996/2352, art. 2(3); S.I. 1996/2842, art.4

F2314In 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.

Textual Amendments

F23First Schedule substituted (1.4.1997 with effect as mentioned in Sch. 2 Pt. III para. 21 of the amending Act and S.I. 1996/2352, art. 2(3)) by 1996 c. 53, ss. 118(4), 125, Sch. 2 Pt.I, III; S.I. 1996/2352, art. 2(3); S.I. 1996/2842, art.4

F2415The Board may make rules governing the selection and term of office of members of the Professional Conduct Committee (including casual vacancies).

Textual Amendments

F24First Schedule substituted (1.4.1997 with effect as mentioned in Sch. 2 Pt. III para. 21 of the amending Act and S.I. 1996/2352, art. 2(3)) by 1996 c. 53, ss. 118(4), 125, Sch. 2 Pt.I, III; S.I. 1996/2352, art. 2(3); S.I. 1996/2842, art.4

F25Part IIIU.K.other committees

Textual Amendments

F25First Schedule substituted (1.4.1997 with effect as mentioned in Sch. 2 Pt. III para. 21 of the amending Act and S.I. 1996/2352, art. 2(3)) by 1996 c. 53, ss. 118(4), 125, Sch. 2 Pt.I, III; S.I. 1996/2352, art. 2(3); S.I. 1996/2842, art.4

F2616The Board may establish such committees as it considers appropriate to discharge any of its functions under this Act other than—

(a)prescribing fees under section 6(4), 6A(1A), 6B(1) or (3) or 7ZD(4); or

(b)acting under section 6(1), (2) or (5), 6A(1) or (1B), 6C(1) or 7ZE(1), (2) or (3),

or to assist the Board in the discharge by the Board of any of its functions.

Textual Amendments

F26First Schedule substituted (1.4.1997 with effect as mentioned in Sch. 2 Pt. III para. 21 of the amending Act and S.I. 1996/2352, art. 2(3)) by 1996 c. 53, ss. 118(4), 125, Sch. 2 Pt.I, III; S.I. 1996/2352, art. 2(3); S.I. 1996/2842, art.4

F2717(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.

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

Textual Amendments

F27First Schedule substituted (1.4.1997 with effect as mentioned in Sch. 2 Pt. III para. 21 of the amending Act and S.I. 1996/2352, art. 2(3)) by 1996 c. 53, ss. 118(4), 125, Sch. 2 Pt.I, III; S.I. 1996/2352, art. 2(3); S.I. 1996/2842, art.4

F2818No 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.

Textual Amendments

F28First Schedule substituted (1.4.1997 with effect as mentioned in Sch. 2 Pt. III para. 21 of the amending Act and S.I. 1996/2352, art. 2(3)) by 1996 c. 53, ss. 118(4), 125, Sch. 2 Pt.I, III; S.I. 1996/2352, art. 2(3); S.I. 1996/2842, art.4

F2919The 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.

Textual Amendments

F29First Schedule substituted (1.4.1997 with effect as mentioned in Sch. 2 Pt. III para. 21 of the amending Act and S.I. 1996/2352, art. 2(3)) by 1996 c. 53, ss. 118(4), 125, Sch. 2 Pt.I, III; S.I. 1996/2352, art. 2(3); S.I. 1996/2842, art.4

F30Part IVU.K.general

Textual Amendments

F30First Schedule substituted (1.4.1997 with effect as mentioned in Sch. 2 Pt. III para. 21 of the amending Act and S.I. 1996/2352, art. 2(3)) by 1996 c. 53, ss. 118(4), 125, Sch. 2 Pt.I, III; S.I. 1996/2352, art. 2(3); S.I. 1996/2842, art.4

F3120(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.

(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.

Textual Amendments

F31First Schedule substituted (1.4.1997 with effect as mentioned in Sch. 2 Pt. III para. 21 of the amending Act and S.I. 1996/2352, art. 2(3)) by 1996 c. 53, ss. 118(4), 125, Sch. 2 Pt.I, III; S.I. 1996/2352, art. 2(3); S.I. 1996/2842, art.4

F3221The 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—

(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.

Textual Amendments

F32First Schedule substituted (1.4.1997 with effect as mentioned in Sch. 2 Pt. III para. 21 of the amending Act and S.I. 1996/2352, art. 2(3)) by 1996 c. 53, ss. 118(4), 125, Sch. 2 Pt.I, III; S.I. 1996/2352, art. 2(3); S.I. 1996/2842, art.4

F3322(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.

(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.

Textual Amendments

F33First Schedule substituted (1.4.1997 with effect as mentioned in Sch. 2 Pt. III para. 21 of the amending Act and S.I. 1996/2352, art. 2(3)) by 1996 c. 53, ss. 118(4), 125, Sch. 2 Pt.I, III; S.I. 1996/2352, art. 2(3); S.I. 1996/2842, art.4

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