SCHEDULES
SCHEDULE 1 The Board and its committees
Part I The Board
F3Membership
1
1
The Board is to consist of eleven members—
a
a person appointed to be chair of the Board who is not F16a registered person;
b
five other persons F17who are not registered persons, and
c
five F18registered persons.
2
The members are to 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.
3
Rules made by the Board may make provision for the temporary appointment of a person to act as a member of the Board in such circumstances as may be prescribed.
Elected members
F32
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Appointed members
F33
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Term of office
4
1
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.
F45
1
A person who has been a member of the Board may be appointed for one or more further periods (whether consecutive or not).
2
The length of any further period is to be determined by the Privy Council after consultation with the Secretary of State and such other persons or bodies as the Privy Council thinks fit, but any further term must not extend a person’s period of membership beyond eight years (whether consecutive or not).
3
A person who has been removed from the Board under rules made under paragraph 4(3) may not be appointed to the Board for a further term.
4
A person who has been a member of the Board may not be appointed to the Professional Conduct Committee.
Casual vacancies
F106
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2Chair
Word in Act substituted (7.1.2019) by The Architects Act 1997 (Amendments etc.) Order 2018 (S.I. 2018/947), art. 2 (with art. 7)
F57
1
Rules made by the Board may make provision for the appointment of a person to act as chair of the Board for any period when there is no person appointed under paragraph 1 or in such other circumstances as may be prescribed.
2
No person who is F19a registered person is eligible for appointment under this paragraph.
8
In the event of a tie in any vote of the Board the F2chair shall have an additional casting vote.
Procedure
F69
The quorum of the Board is—
a
the chair of the Board;
b
three members appointed under paragraph 1(1)(b), and
c
three members appointed under paragraph 1(1)(c).
10
The Board may make rules governing its meetings and procedure.
Staff
11
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, pay pensions to or in respect of them, or make contributions to the payment of such pensions, and pay them allowances, expenses and gratuities.
Seal
12
The 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.
Part II The Professional Conduct Committee
F713
The Professional Conduct Committee is to consist of—
a
at least three persons who are legally qualified;
b
at least three F20registered persons of whom at least one must be a person whose address in the Register is in Scotland; and
c
at least three persons who are not legally qualified and are not F21registered persons.
14
1
The members of the Professional Conduct Committee shall elect a F2chair from among themselves.
2
The F2chair—
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
15
F111
Subject to sub-paragraph (2), the quorum of the Professional Conduct Committee is —
a
one member appointed under paragraph 13(a);
b
one member appointed under paragraph 13(b); and
c
one member appointed under paragraph 13(c).
2
16
In the event of a tie in any vote of the Professional Conduct Committee the F2chair 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.
17
The Board may make rules governing the selection and term of office of members of the Professional Conduct Committee (including casual vacancies).
F817A
In paragraph 13 the reference to a person who is legally qualified means—
a
a person who for the purposes of the Legal Services Act 2007 is an authorised person in relation to an activity that constitutes a reserved legal activity (within the meaning of that Act);
b
a solicitor or barrister in Northern Ireland; or
c
a solicitor or advocate in Scotland.
F23Part 2AThe appeals committee
Sch. 1 Pt. 2A inserted (28.6.2022) by Building Safety Act 2022 (c. 30), ss. 158(9), 170(3)
17B
1
The Board may make rules about—
a
the composition of the Appeals Committee;
b
the selection and term of office of members of the Appeal Committee (including casual vacancies);
c
the meetings and procedure (including chairing and quorum) of the Appeal Committee;
d
votes of the Appeal Committee (including providing for a casting vote and the way in which it is to be exercised).
2
Before making rules about the composition of the Appeals Committee, the Board must consult the Secretary of State.
Part III Other committees
18
1
The Board may establish such committees as it considers appropriate—
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 F254(1A) or (2), 5(1), 6(3), 9(1) or 13(1), (2) or (3).
19
F261
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
F2920
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
21
The 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 F13chairing and quorum) of any committee established by the Board.
Part IV General
22
1
The Board, the Professional Conduct Committee F24, the Appeals Committee and any committee established by the Board may exercise its functions even though there is a vacancy among its members.
2
23
The Board may by rules provide for the payment to members of the Board, the Professional Conduct Committee F24, the Appeals 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.
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.
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.
F15SCHEDULE 1AVISITING ARCHITECTS FROM RELEVANT EUROPEAN STATES
Sch. 1A omitted (31.12.2020) by virtue of The Architects Act 1997 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/717), regs. 1(2), 21 (with regs. 22-47) (as amended by S.I. 2019/810, regs. 1(3), 4 and S.I. 2020/1038, regs. 1(3), Sch. 3 para. 4); 2020 c. 1, Sch. 5 para. 1(1)
Application and interpretation
F151
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F152
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F153Entitlement to be registered in respect of provision of occasional services: first year
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F154Registration in respect of provision of occasional services after first year
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F155 Duration of entitlements to be registered in Part 2 of the Register
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F156Deemed registration where person entitled to be registered is not registered
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F157 Registrar’s power to remove person’s name from Part 2 of the Register
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F158Saving for other powers to de-register or suspend registration
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F159Registrar’s duty to notify person appearing not to have entitlement
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 2 Transitional provisions and savings
General transitionals and savings
1
The substitution of this Act for the provisions repealed or revoked by this Act does not affect the continuity of the law.
2
Anything done, or having effect as if done, (including the making of rules) under or for the purposes of any provision repealed or revoked by this Act has effect as if done under or for the purposes of any corresponding provision of this Act.
3
Any reference (express or implied) in this Act or any other enactment, or in any instrument or document, to a provision of this Act is (so far as the context permits) to be read as (according to the context) being or including in relation to times, circumstances and purposes before this Act comes into force a reference to the corresponding provision repealed or revoked by this Act.
4
1
Any reference (express or implied) in any enactment, or in any instrument or document, to a provision repealed or revoked by this Act is (so far as the context permits) to be read as (according to the context) being or including in relation to times, circumstances and purposes after this Act comes into force a reference to the corresponding provision of this Act.
2
In particular, where a power conferred by an Act is expressed to be exercisable in relation to enactments contained in an Act passed before or in the same Session as the Act conferring the power, the power is also exercisable in relation to provisions of this Act which reproduce such enactments.
5
Paragraphs 1 to 4 have effect in place of section 17(2) of the M1Interpretation Act 1978 (but are without prejudice to any other provision of that Act).
First appointments to the Board
6
The term of office of the members of the Board who were appointed by the Privy Council to take office on the day on which Part III of the 1996 Act came into force (and who remain members of the Board when this Act comes into force)—
a
is one year beginning with that day in the case of three of those members;
b
is two years beginning with that day in the case of another three of those members; and
c
is three years beginning with that day in the case of the remaining two members.
Registration
7
If—
a
a person duly applied for registration under the 1931 Act before Part III of the 1996 Act came into force; but
b
no decision on the application has been made before this Act comes into force,
the application shall be dealt with in the same way as an application duly made after this Act comes into force (except that no further fee may be required to be paid).
8
Examinations in architecture which immediately before the day on which Part III of the 1996 Act came into force were recognised by the Council for the purposes of section 6(1)(c) of the 1931 Act (as it had effect before Part III of the 1996 Act came into force) shall (subject to rules made by the Board) be treated as qualifications prescribed under section 4(1)(a).
9
The reference in subsection (3) of section 8 to a person whose name has been removed from the Register under subsection (2) of that section shall be treated as including a reference to a person whose name was removed from the Register under section 13(5) of the 1931 Act before Part III of the 1996 Act came into force.
10
The reference to the Board in section 10(1)(b) shall be construed, in relation to the entry of a name in the Register before Part III of the 1996 Act came into force, as a reference to the Council.
Discipline
11
If—
a
before Part III of the 1996 Act came into force, the Discipline Committee began an inquiry into any case in which it was alleged that a registered person had been guilty of conduct disgraceful to him in his capacity as an architect; but
b
the case has not been decided or referred to the Professional Conduct Committee before this Act comes into force,
the case shall be referred to the Professional Conduct Committee which shall consider whether he is guilty of unacceptable professional conduct or serious professional incompetence.
12
1
Subject to sub-paragraph (2), sections 14 to 18 have effect in relation to anything done or omitted to be done before this Act comes into force (including anything done before Part III of the 1996 Act came into force) as in relation to anything done or omitted to be done after this Act comes into force.
2
The Professional Conduct Committee—
a
may only make a disciplinary order in respect of anything done or omitted to be done by a person before Part III of the 1996 Act came into force if the Council could have removed his name from the Register under section 7 of the 1931 Act (as it had effect before Part III of the 1996 Act came into force); and
b
may not make a reprimand or penalty order in respect of anything done or omitted to be done before Part III of the 1996 Act came into force.
13
1
If a person’s name was removed from the Register under section 7 of the 1931 Act before Part III of the 1996 Act came into force, he may at any time apply to the Board for his name to be re-entered in the Register.
2
If he does so, the Board may direct that his name shall be re-entered in the Register.
3
The Registrar shall serve on a person who applies for his name to be re-entered in the Register under this paragraph 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 paragraph to pay a fee of such amount, not exceeding the fee then payable by an applicant for registration in pursuance of section 4, as may be prescribed.
14
If—
a
a person’s name was removed from the Register, or the Council determined that a person be disqualified for registration during any period, before Part III of the 1996 Act came into force; and
b
the period of three months from the date on which notice of the removal or determination was served on him has not ended before this Act comes into force,
he may appeal under section 22 against the removal or determination at any time before the end of that period.
15
Section 12(7)(c) shall have effect as if it included a reference to a period of disqualification imposed by the Council.
Offence of practising while not registered
16
The repeal by this Act of Schedule 2 to the 1996 Act does not affect the continued operation of paragraphs 31 and 32 of that Schedule in relation to an offence committed before Part III of the 1996 Act came into force.
The Education Fund
17
1
This paragraph applies if when this Act comes into force the assets of the Architects’ Registration Council Education Fund have not been transferred by the Board.
2
The Board may transfer the assets of the Fund to such person and on such terms as may be approved by the Secretary of State.
3
The repeal by the1996 Act of sections 1(1) and (4) to (6), 3 and 4 of the1969 Act shall not come into force until the transfer is made; and until the transfer references in those provisions to the Council shall have effect as references to the Board.
18
A person to whom the assets of the Fund are transferred (whether under section 124 of the 1996 Act or paragraph 17) shall apply the assets, and all income arising from the assets, for the purposes authorised in subsection (4) of section 1 of the 1969 Act (assuming for this purpose that the reference in that subsection to the Council were a reference to the person to whom the assets of the Fund are transferred).
19
1
In this Schedule—
a
“the 1931 Act” means the M2Architects (Registration) Act 1931;
b
“the 1969 Act” means the M3Architects Registration (Amendment) Act 1969; and
c
“the 1996 Act” means the M4Housing Grants, Construction and Regeneration Act 1996.
2
In this Schedule—
a
“the Council” means the Architects’ Registration Council of the United Kingdom established under the 1931 Act, which was renamed as the Board by section 118(1) of the 1996 Act; and
b
“the Discipline Committee” means the Discipline Committee constituted under the 1931 Act, which was abolished by section 118(2) of the 1996 Act.
SCHEDULE 3 Repeals and revocations
Chapter or number | Short title or title | Extent of repeal or revocation |
|---|---|---|
21 & 22 Geo. 5 c. 33. | The Architects (Registration) Act 1931. | The whole Act. |
1 & 2 Geo. 6 c. 54. | The Architects Registration Act 1938. | The whole Act. |
S.I. 1987/1824. | The Architects’ Qualifications (EEC Recognition) Order 1987. | The whole instrument. |
S.I. 1988/2241. | The Architects’ Qualifications (EC Recognition) Order 1988. | The whole instrument. |
1996 c. 53. | The Housing Grants, Construction and Regeneration Act 1996. | Sections 118 to 125. |
In section 148, in subsection (2), the words “Part III (architects),” and, in subsection (3), the words “Part III (architects), and”. | ||
Schedule 2. |
TABLE OF DERIVATIONS
1Notes:
This Table shows the derivation of the provisions of the consolidation.
2
The following abbreviations are used in the Table—
1931 | = Architects (Registration) Act 1931 (c.33) |
1938 | = Architects Registration Act 1938 (c.54) |
1987 | = Architects’ Qualifications (EEC Recognition) Order 1987 (S.I. 1987/1824) |
1988 | = Architects’ Qualifications (EC Recognition) Order 1988 (S.I. 1988/2241) |
1993 | = European Economic Area Act 1993 (c.51) |
1996 | = Housing Grants, Construction and Regeneration Act 1996 (c.53) |
Provision | Derivation |
|---|---|
1(1) | 1931 s.3(1); 1996 s.118(1), Sch.2 para.3(2). |
(2) | 1931 s.3(2B); 1996 s.118(3). |
(3) | |
(4) | |
(5) | |
(6) | |
2 | 1931 s.4; 1996 s.119. |
3 | 1931 s.5A; 1996 s.120(1). |
4(1) to (3) | 1931 s.6(1) to (3); 1996 s.120(2). |
(4) to (6) | 1931 s.6(6) to (8); 1996 s.120(2). |
5(1) | 1931 s.6A(1), (2); 1988 art.2; 1993 s.2(1); 1996 Sch.2 para.4(2). |
(2) | 1931 s.6A(2)(a); 1988 art.2. |
(3) | 1931 s.6A(2)(a), (5), (6); 1988 art.2. |
(4) | 1931 s.6A(2)(b), (c); 1988 art.2; 1993 s.2(1). |
(5) | 1931 s.6A(3), (4); 1988 art.2; 1993 s.2(1). |
(6) | 1931 s.6A(7); 1988 art.2; 1993 s.2(1); 1996 Sch.2 para.4(4). |
(7) | 1931 s.6A(10); 1988 art.2; 1993 s.2(1). |
6(1) | 1931 ss.6(4)(a), 6A(1A); 1996 s.120(2), Sch.2 para.4(3). |
(2) | 1931 s.6(4)(b); 1996 s.120(2). |
(3) | 1931 ss.6(5), 6A(1B); 1996 s.120(2), Sch.2 para.4(3). |
(4) | 1931 ss.6(9), 6A(8); 1988 art.2; 1996 s.120(2), Sch.2 para.4(5). |
(5) | 1931 s.6A(9); 1988 art.2; 1993 s.2(1); 1996 Sch.2 para.4(6). |
7 | 1931 s.12; Criminal Justice Act 1982 (c.48) ss.38, 46; Fines and Penalties (Northern Ireland) Order 1984 (S.I. 1984/703 (N.I.3)) arts.5, 6; Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (c.40) Sch.1 paras.5, 6; 1996 Sch.2 para.8. |
8 | 1931 s.6B; 1996 s.120(3). |
9 | 1931 s.6C; 1996 s.120(3). |
10(1) | 1931 s.7A(1); 1987 art.7; 1993 s.2(1); 1996 Sch.2 para.5(2). |
(2) | 1931 s.7A(3); 1996 Sch.2 para.5(4). |
11 | 1931 s.11; 1996 Sch.2 para.7. |
12(1) | 1938 s.1A(4); 1987 art.8; 1993 s.2(1); 1996 Sch.2 para.14(2). |
(2) | 1938 s.1A(4); 1987 art.8; 1993 s.2(1). |
(3) | 1938 s.1A(1) to (3); 1987 art.8; 1993 s.2(1); 1996 Sch.2 para.14(2). |
(4) | 1938 s.1A(2); 1987 art.8; 1993 s.2(1). |
(5) | 1938 s.1A(3); 1987 art.8; 1993 s.2(1); 1996 Sch.2 para.14(3). |
(6) | 1938 s.1A(5); 1987 art.8; 1993 s.2(1). |
(7) | 1938 s.1A(6); 1987 art.8; 1993 s.2(1); 1996 Sch.2 para.14(4). |
(8) | 1938 s.1A(7); 1987 art.8; 1993 s.2(1). |
(9) | 1938 s.1A(9); 1987 art.8; 1993 s.2(1). |
13 | 1931 s.7ZE; 1996 s.122. |
14 | 1931 s.7; 1996 s.121. |
15(1) to (5) | 1931 s.7ZA; 1996 s.121. |
(6) | 1931 s.7A(2); 1987 art.7; 1993 s.2(1); 1996 Sch.2 para.5(3). |
16 | 1931 s.7ZB; 1996 s.121. |
17 | 1931 s.7ZC; 1996 s.121. |
18 | 1931 s.7ZD; 1996 s.121. |
19 | 1938 s.1A(8); 1987 art.8; 1993 s.2(1); 1996 Sch.2 para.14(5). |
20(1) | 1938 s.1(1). |
(2) | 1938 s.1(1) proviso. |
(3) | 1931 s.17(1); 1938 s.1(3); 1996 s.123(4), Sch.2 para.12(2), (3). |
(4) | 1931 s.17(2); 1996 s.123(4). |
(5) | 1938 s.1A(1); 1987 art.8; 1993 s.2(1). |
(6) | 1938 s.4(2). |
(7) | 1938 s.1(1A); 1996 s.123(1). |
(8) | 1938 s.1(1) proviso. |
21(1) | 1938 s.3(1); 1996 s.123(2), (3). |
(2) | 1938 s.3(1) proviso. |
(3) | 1938 s.3(1) proviso; 1996 Sch.2 para.15(b). |
(4) | 1938 s.3(2); 1996 s.123(3). |
22 | 1931 s.9; 1996 Sch.2 para.6(2). |
23(1), (2) | 1931 s.13(1), (2); 1996 Sch.2 para.9. |
(3) | 1931 s.15; 1996 Sch.2 para.10. |
24(1) | 1931 s.16(1); 1996 Sch.2 para.11(2). |
(2) | 1931 ss.11, 16(2); 1996 Sch.2 para.11(3). |
25 | |
“the Board” | 1931 s.2; 1996 Sch.2 para.2(2). |
“competent authority” | 1931 s.2; 1987 art.3; 1993 s.2(1). |
“the Directive” | 1931 s.2; 1987 art.3. |
“disciplinary order” | 1931 s.2; 1996 Sch.2 para.2(6). |
“disqualifying decision in another EEA State” | 1931 s.2; 1987 art.3; 1993 s.2(1). |
“EEA State” | |
“erasure order” | 1931 s.2; 1996 Sch.2 para.2(6). |
“list of visiting EEA architects” | |
“national” | 1931 s.2; 1987 art.3. |
“penalty order” | 1931 s.2; 1996 Sch.2 para.2(6). |
“prescribed” | 1931 s.2; 1996 Sch.2 para.2(4). |
“prescribe” | 1931 ss.6(5), 6A(1B), 6C(1); 1996 s.120(2), (3), Sch.2 para.4(3). |
“the Register” | 1931 s.2; 1996 Sch.2 para.2(5). |
“the Registrar” | 1931 s.2; 1996 Sch.2 para.2(6). |
“registered person” | 1931 s.2; 1996 Sch.2 para.2(3). |
“suspension order” | 1931 s.2; 1996 Sch.2 para.2(6). |
“unacceptable professional conduct” | |
26 | |
27 | |
28(1) | |
(2) | |
(3) | 1931 s.18(2); 1938 s.6(1); 1996 Sch.2 paras.13, 17. |
Sch. 1 | |
paras.1 to 10 | 1931 1st Sch. paras.1 to 10; 1996 Sch.2 para.1. |
11 | 1931 s.4A; 1996 s.119. |
12 | 1931 s.3(1), (2); 1996 Sch.2 para.3(3)(b). |
13 to 24 | 1931 1st Sch. paras.11 to 22; 1996 Sch.2 para.1. |
Sch. 2 | |
Sch. 3 | |
Sch. 1 para. 1 substituted for Sch. 1 paras. 1-3 (7.1.2019) by The Architects Act 1997 (Amendments etc.) Order 2018 (S.I. 2018/947), arts. 1(1), 3(2) (with art. 7)