Part 5

Other provision about safety, standards etc

Architects

Architects: Appeals Committee
158
1
The Architects Act 1997 is amended as follows.
2
In section 1 (the Board)—
a
after subsection (2) insert—
2A
There is to be an Appeals Committee of the Board.
;
b
after subsection (4) insert—
4A
Part 2A of that Schedule makes provision about the Appeals Committee.
3
In section 4 (registration: general)—
a
in subsection (4)(b) for “refer the application to the Board” substitute “refuse the application”;
b
in subsection (6)—
i
omit “(4) or”;
ii
for the words from “direct” to the end substitute
—
a
direct the Registrar to enter the person’s name in the Register if it is satisfied that the person is entitled to be registered, or
b
direct the Registrar to refuse the application if it is not so satisfied.
4
In section 6(4B) (notice of refusal of application) for the words from “in the case” to “section 4(2A)” substitute “of an application”.
5
In section 9 (competence to practise) after subsection (2) insert—
2A
A notice under subsection (2) must state reasons for the decision.
6
In Part 5 (general and supplementary) before section 22 insert—

Appeals to the Appeals Committee
21A
1
A person may appeal to the Appeals Committee against—
a
a decision to refuse the person’s application for registration, or
b
if the person is a person to whom paragraph (b) of section 9(1) applies, a decision to remove or not to re-enter the person’s name in the Register as a result of section 9(1).
2
The Board may make rules about appeals to the Appeals Committee, including in particular rules about—
a
the period within which any appeal must be made;
b
the way in which an appeal is to be made or withdrawn;
c
the fee that must be paid on the making of an appeal (including circumstances in which that fee may or must be refunded);
d
the procedure to be followed by the Appeals Committee in relation to an appeal;
e
the effect of the making of an appeal, pending its determination, on the decision appealed against.
3
On the determination of an appeal, the Appeal Committee may make any decision that could have been made by the person who made the decision appealed against.
4
The Appeals Committee must, within the prescribed period after determining a person’s appeal, serve on the person written notice of the decision made on that determination.
7
In section 22 (appeals)—
a
in subsection (1)—
i
for paragraph (a) substitute—
a
a decision of the Appeals Committee under section 21A, on an appeal made by the person;
;
ii
for paragraph (c) substitute—
c
the person’s name not being re-entered in the Register under section 18 as a result of section 9(1);
;
b
in subsection (2) omit “Subject to subsection (3),”;
c
omit subsection (3);
d
in the heading at the end insert “to the court”.
8
In section 24(2) (service of documents) for “or 15(3)” substitute “, 15(3) or 21A(4)”.
9
In Schedule 1 (the Board and its committees) after Part 2 insert—
Part 2a

The appeals committee
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.
10
In Part 4 of that Schedule (general provisions), after “Professional Conduct Committee”, in each place it occurs, insert “, the Appeals Committee”.
S. 158 in force at 28.6.2022, see s. 170(3)(f)