An Act to restrict the use of the name Architect to Registered Architects and to extend the time within which practising architects may apply for registration.
[29th July 1938]
Extent Information
E1Act extends to Northern Ireland from 1.4.1997 by 1996 c. 53, s. 125, Sch. 2 Pt. II para. 16; S.I. 1996/2842, art. 4
E2For the extent of this Act see s. 6(1)
Modifications etc. (not altering text)
C1Act extended (N.I.) by S.R. & O. 1938/1572 (Rev. II, p. 761: 1938 II, p. 329)
C2Words of enactment omitted under authority of Statute Law Revision Act 1948 (c. 62), s. 3
(1)Subject to the provisions of this Act, 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 under the principal Act:
Provided that nothing in this section shall affect—
(a)the use of the designation “Naval architect,” “Landscape architect” or “Golf-course architect,” or
(b)the validity of any building contract in customary form; . . . F1
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2
(3)For the words “Registered Architects” in subsection (3) of section three of the principal Act, and for the words “Registered Architect” in section seventeen of that Act, there shall be respectively substituted the word “Architects” and the word “Architect.”
(4)—(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3
Textual Amendments
F1Words repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. VII
F2S. 1(2) repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. VII
F3S. 1 (4)(5) repealed by Statute Law Revision Act 1950 (c. 6)
Modifications etc. (not altering text)
C3The text of s. 1(3) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
(1)A national of a member State who is established as an architect in a member State other than the United Kingdom may practise or carry on business under a name, style or title containing the word “architect” while visiting the United Kingdom without being a person registered under the principal Act during the period, and in respect of the services, for which his enrolment on the list of visiting EEC architects is effective.
(2)Before so practising or carrying on business the person concerned shall supply to the Council—
(a)a declaration in writing giving particulars of the services to be provided and the period or periods for which he expects to provide them; and
(b)a certificate (or certificates), issued not more than 12 months previously by the competent authority of a member State in which he is established as an architect, showing that—
(i)he is lawfully pursuing activities in the field of architecture in a member State other than the United Kingdom; and
(ii)he satisfies any of the requirements set out in section 6A(2) of the principal Act.
(3)Where a person complies with the requirements of subsection (2), the Council shall enrol his name on the list of visiting EEC architects maintained for the purposes of this section for such period or periods and in respect of such services as they consider appropriate having regard to the particulars given in the declaration referred to in subsection (2)(a).
(4)The Council shall maintain, for the purposes of this section, in addition to the Register, a list of the names of visiting EEC architects enrolled from time to time under this section, with their qualifications and the periods for which and the services in respect of which their respective enrolments are effective; and the council shall permit any person to inspect the list during normal working hours.
(5)No fee shall be charged for enrolment under this section as a visiting EEC architect.
(6)A person shall not be enrolled as a visiting EEC architect at a time when he is subject to—
(a)a disqualifying decision in another member State; or
(b)a period of disqualification from registration imposed by the Council under the principal Act.
(7)A person’s name shall be removed from the list of visiting EEC architects if—
(a)he becomes established as an architect in the United Kingdom;
(b)he renders services in the United Kingdom otherwise than in accordance with a declaration made by him under subsection (2)(a); or
(c)he may no longer lawfully pursue activities in the field of architecture in the member State referred to in subsection (2)(b)(i).
(8)Section 7 of the principal Act and regulations made under section 13 of that Act for the regulation of disciplinary proceedings shall apply to a person who is or has been enrolled under this section as a visiting EEC architect as if that person had been registered under section 6 of that Act, and references to the Register and registration under this Act shall be construed accordingly.
(9)A person enrolled on the list of visiting EEC architects shall, when using his title or any abbreviation 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
F4S. 1A inserted by S.I. 1987/1824, art. 8
Textual Amendments
F5S. 2 repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. VII
If any person contravenes the provisions of this Act, he shall be liable, on summary conviction, to a fine not exceeding [F6fifty pounds][F6level three on the standard scale]and to a further fine not exceeding ten pounds for every day on which the offence continues after conviction therefor:
Provided that a person shall not be guilty of an offence by reason of the occurrence of such a contravention on any particular date, if he proves—
(a)in a case where the contravention is occasioned by the fact that an application on the part of the defendant for registration under the principal Act has not been granted, that notice of the decision of the Council not to grant the application had not been duly served under subsection (2) of section six of the principal Act before the said date; or
(b)in a case where the contravention is occasioned by the removal of the defendant’s name from the Register, that notice of the removal had not been duly served under section eight of the principal Act before the said date; or
(c)that at the said date—
(i)the time for bringing any appeal under the principal Act . . . F7against the said decision or removal, as the case may be, had not expired, or
(ii)such an appeal had been duly brought and had not been determined.
Textual Amendments
F6For “fifty pounds” there is substituted (N.I.) “level 3 on the standard scale” by virtue of S.I. 1984/703 (N.I. 3), arts. 5, 6.
F7Words repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. VII
Modifications etc. (not altering text)
C4S. 3 has effect (E.W.S.) as if for “fifty pounds” there were substituted “level 4 on the standard scale” by virtue of (E.W.) Criminal Law Act 1977 (c. 45, SIF 39:1), s. 31, Sch. 6 and Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289C, 289G, Sch. 7C.
S. 3 has effect as if for "fifty pounds" there were substituted (S.) (1.4.1996) "level 4 on the standard scale" by virtue of 1995 c. 40, ss. 3, 7(2), Sch. 1 para. 3(1), Sch. 2 Pt.II
(1)In this Act the expression “principal Act” means the M1Architects (Registration) Act, 1931.
(2)A person shall not, for the purposes of the principal Act and this Act, be treated as not practising by reason only that he is in the employment of another person.
Marginal Citations
(1)This Act may be cited as the Architects Registration Act, 1938.
(2)This Act shall be construed as one with the M2Architects (Registration) Acts, 1931 M3 and 1934, and those Acts and this Act may be cited together as the Architects (Registration) Acts, 1931 to 1938.
(1)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.
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8
Textual Amendments