The Architects (Recognition of European Qualifications etc and Saving and Transitional Provision) Regulations 2008

Registration in Part 2 of the Register: Directive-rights nationals providing services

8.—(1) Before section 6, insert—

“5A    Registration in Part 2 of the Register: Directive-rights nationals providing services

(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

(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.

5C    Information to be given to recipients of the service

(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.

5D    Administrative co-operation with other relevant European States

(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.

5E    Complaints by recipients of services

(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.”(1).

(2) After Schedule 1, insert Schedule 1A as set out in the Schedule to these Regulations.

(1)

Council Directive 77/388/EEC of 17 May 1977: OJ No L 145, 13.6.97, p.l, last amended by Council Directive 2006/69/EC, OJ No L 221, 12.8.06, p.9.