(This note is not part of the Order)
1. This Order, made under section 2(2) of the European Communities Act 1972, implements Directive 2001/19/EC as regards architects. Directive 2001/19/EC amends Council Directive 85/384/EEC on the mutual recognition of diplomas in architecture. This Order amends the Architects Act 1997 and comes into force on 23rd December 2002.
2. Article 3 of the Order amends section 4 of the Act. It requires the Architects Registration Board to take account of the qualifications, training and experience described in Article 6 of Council Directive 85/384/EEC, as inserted by Article 11 of Directive 2001/19/EC. Article 6, as inserted, provides that where an application for registration is made by an EEA National who either has qualifications obtained in a non EEA State which have been recognised in an EEA State, or has undergone training or has experience in an EEA State, the qualifications, training or experience shall be taken into account in determining his application for registration. Further, Article 3 of the Order provides that the Board may not require that applicant to pass a prescribed examination in architecture, unless it considers it appropriate in that applicant’s case.
3. Article 4 of the Order amends section 6 of the Act. It requires the Registrar, in cases of refusal of an application made under section 5 or to which section 4(2B) applies, to include a statement of the reasons for the decision, as required by Article 6A of Council Directive 85/384/EEC, as inserted by Directive 2001/19/EC, Article 11.
4. Article 5 of the Order inserts a new section 22A into the Act. It provides a right of appeal to persons whose applications for registration under section 5 or to which section 4(2B) applies are refused or not determined by the Registrar within the stipulated period, as required by Article 6A of Council Directive 85/384/EEC, as inserted by Article 11 of Directive 2001/19/EC.
5. Article 6 of the Order amends section 25 of the Act. It refers to the Agreement between the EC and Switzerland on the free movement of persons which came into force on 1 June 2002. Article 6 also refers to rights arising under Article 11 of Council Regulation (EEC) 1612/68 (O.J. No. L257, 19.10.1968, p.2) as amended by Council Regulation (EEC) 312/76 (O.J. No. L39, 14.2.1976, p.2), and Articles 39, 43 and 49 of the Treaty of Rome (as amended), which affect the pursuit of their profession not only by nationals of member States of the European Economic Area but also by their spouses and certain of their dependants.
6. A transposition note setting out how the main relevant elements of the Directive are transposed into law has been placed in the Libraries of both Houses of Parliament. Copies are also available from Hilary Pugh, Building Regulations Division, ODPM, 18/A Portland House, Stag Place, London, SW1P 5LP (Tel: 020 7944 4718; Fax: 020 7944 5739; Email: hilary.pugh@odpm.gsi.gov.uk).