Architects Act 1997

Part IThe Architects Registration Board

1The Board

(1)There shall continue to be a body corporate known as the Architects Registration Board.

(2)There shall continue to be a Professional Conduct Committee of the Board.

(3)Part I of Schedule 1 makes provision about the Board.

(4)Part II of that Schedule makes provision about the Professional Conduct Committee.

(5)Part III of that Schedule gives the Board power to establish other committees and makes provision about committees established by the Board.

(6)Part IV of that Schedule makes general provision about the Board and its committees.

Part IIRegistration etc.

The Registrar and the Register

2The Registrar

(1)The Board shall appoint a person to be known as the Registrar of Architects.

(2)The Board shall decide the period for which, and the terms on which, the Registrar is appointed.

(3)The Registrar shall have the functions provided by or by virtue of this Act and any other functions which the Board directs.

(4)The Board may, in addition to paying to the Registrar a salary or fees, pay pensions to or in respect of him, or make contributions to the payment of such pensions, and pay him allowances, expenses and gratuities.

3The Register

(1)The Registrar shall maintain the Register of Architects in which there shall be entered the name of every person entitled to be registered under this Act.

(2)The Register shall show the regular business address of each registered person.

(3)The Registrar shall make any necessary alterations to the Register and, in particular, shall remove from the Register the name of any registered person who has died or has applied in the prescribed manner requesting the removal of his name.

(4)The Board shall publish the current version of the Register annually and a copy of the most recently published version shall be provided to any person who requests one on payment of a reasonable charge decided by the Board.

(5)A copy of the Register purporting to be published by the Board shall be evidence (and, in Scotland, sufficient evidence) of any matter mentioned in it.

(6)A certificate purporting to be signed by the Registrar which states that a person—

(a)is registered;

(b)is not registered;

(c)was registered on a specified date or during a specified period;

(d)was not registered on a specified date or during a specified period; or

(e)has never been registered,

shall be evidence (and, in Scotland, sufficient evidence) of any matter stated.

Registration

4Registration: general

(1)A person who has applied to the Registrar in the prescribed manner for registration in pursuance of this section is entitled to be registered if—

(a)he holds such qualifications and has gained such practical experience as may be prescribed; or

(b)he has a standard of competence which, in the opinion of the Board, is equivalent to that demonstrated by satisfying paragraph (a).

(2)The Board may require a person who applies for registration on the ground that he satisfies subsection (1)(b) to pass a prescribed examination in architecture.

(3)Before prescribing—

(a)qualifications or practical experience for the purposes of subsection (1)(a); or

(b)any examination for the purposes of subsection (2),

the Board shall consult the bodies representative of architects which are incorporated by royal charter and such other professional and educational bodies as it thinks appropriate.

(4)Where a person has duly applied for registration in pursuance of this section—

(a)if the Registrar is satisfied that the person is entitled to be registered, he shall enter his name in the Register; but

(b)if the Registrar is not so satisfied, he shall refer the application to the Board.

(5)The Registrar shall not consider an application for registration in pursuance of this section in any case in which it is inappropriate for him to do so (for instance because he is in any way connected with the applicant) but in such a case he shall refer the application to the Board.

(6)Where a person’s application is referred to the Board under subsection (4) or (5), the Board shall direct the Registrar to enter the person’s name in the Register if it is satisfied that he is entitled to be registered.

5Registration: EEA qualifications

(1)A national of an EEA State who has applied to the Registrar in the prescribed manner for registration in pursuance of this section is entitled to be registered if he holds—

(a)a recognised EEA qualification;

(b)an established EEA qualification; or

(c)a relevant EEA certificate.

(2)A qualification is a recognised EEA qualification for the purposes of this section if it is required to be recognised under Article 2 of the Directive (recognition of qualifications satisfying the requirements of Articles 3 and 4 of the Directive which are included in a list published in the Official Journal in accordance with Article 7).

(3)A qualification is an established EEA qualification for the purposes of this section if it is required to be recognised under Article 10 or 14 of the Directive (recognition of established qualifications set out in Article 11 and certain equivalent qualifications).

(4)A certificate is a relevant EEA certificate for the purposes of this section if it is issued by a competent authority of an EEA State in accordance with Article 5 or 12 of the Directive and states—

(a)in the case of a certificate issued in accordance with Article 5 of the Directive, that the person concerned is, by reason of his distinguished achievements in the field of architecture, entitled to use the title of architect; or

(b)in the case of a certificate issued in accordance with Article 12 of the Directive, that the person concerned has been, no later than the date on which that State implemented the Directive, authorised in that State to use the title of architect and that he has pursued activities in the field of architecture effectively for at least three consecutive years during the five years preceding the issue of the certificate.

(5)A recognised EEA qualification or an established EEA qualification shall be accompanied by—

(a)a certificate issued by a competent authority of an EEA State, in accordance with Article 23(2) of the Directive, stating that the person concerned has gained at least two years' practical training experience in that State under the supervision of a person established as an architect in that State; or

(b)a certificate issued by a competent authority of the Federal Republic of Germany, in accordance with Article 4(1) of the Directive, stating that the person concerned has gained at least four years' appropriate professional experience in the Federal Republic of Germany.

(6)An application by a person for registration in pursuance of this section may be refused if there is a disqualifying decision in another EEA State in force in respect of that person.

(7)A person who is registered in pursuance of this section shall, when using his academic title or any abbreviation of it, express the title or abbreviation in the language or one of the languages of the EEA State in which the body conferring the title is located and shall follow the title or abbreviation with the name and location of the body conferring the title.

6Registration: further procedural requirements

(1)The Board may require an applicant for registration in pursuance of section 4 or 5 to pay a fee of a prescribed amount.

(2)The Board may require a candidate for any examination under section 4(2) to pay a fee of a prescribed amount.

(3)The Board may prescribe the information and evidence to be provided to the Registrar in connection with an application for registration in pursuance of section 4 or 5.

(4)The Registrar shall serve on an applicant for registration in pursuance of section 4 or 5 written notice of the decision on his application—

(a)where the application is made on the ground that he satisfies section 4(1)(a) or in pursuance of section 5, within three months of his application being duly made; and

(b)where the application is made on the ground that he satisfies section 4(1)(b), within six months of his application being duly made.

(5)If, in pursuance of Article 17(4) or 18(2) of the Directive, the Board consults an EEA State in respect of an application for registration in pursuance of section 5, the period mentioned in subsection (4)(a) shall be extended by such period as may elapse between initiating the consultation and the receipt by the Board of a final reply from that State.

7Penalty for obtaining registration by false representation

(1)A person commits an offence if he intentionally becomes or attempts to become registered under this Act by making or producing, or causing to be made or produced, any false or fraudulent representation or declaration (whether oral or written).

(2)A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Removal from Register etc.

8Retention of name in Register

(1)The Board may require a registered person to pay a retention fee of a prescribed amount if he wishes his name to be retained in the Register in any calendar year after that in which it was entered.

(2)Where, after the Registrar has sent a registered person who is liable to pay a retention fee a written demand for the payment of the fee, the person fails to pay the fee within the prescribed period, the Registrar may remove the person’s name from the Register.

(3)Where a person whose name has been removed from the Register under subsection (2) pays the retention fee, together with any further prescribed fee, before the end of the calendar year for which the retention fee is payable or such longer period as the Board may allow—

(a)his name shall be re-entered in the Register (without his having to make an application under section 4 or 5); and

(b)if the Board so directs, it shall be treated as having been re-entered on the date on which it was removed.

9Competence to practise

(1)Where the Board is not satisfied that a person who—

(a)applies for registration in pursuance of section 4 or 5;

(b)wishes his name to be retained or re-entered in the Register under section 8; or

(c)applies for his name to be re-entered in the Register under section 18,

has gained such recent practical experience as the Board may prescribe, his name shall not be entered or re-entered in the Register, or shall be removed from it, unless he satisfies the Board of his competence to practise.

(2)Where the Board decides that the name of a person to whom paragraph (b) of subsection (1) applies is by virtue of that subsection to be removed from, or not to be re-entered in, the Register, the Registrar shall serve written notice of the decision on him within the prescribed period after the date of the decision.

10Disqualification in an EEA State

(1)The Board may order the Registrar to remove a person’s name from the Register if—

(a)it was entered in the Register in pursuance of section 5 at a time when there was a disqualifying decision in another EEA State in force in respect of the person;

(b)at that time the Board was unaware of that fact; and

(c)the Board is satisfied that the person was at that time and is still subject to that disqualifying decision.

(2)Where the Board orders the Registrar to remove a person’s name from the Register under this section, the Registrar shall serve written notice of the removal on him as soon as is reasonably practicable.

11Failure to notify change of address

Where the Registrar serves notice in writing on a registered person asking if he has changed his regular business address—

(a)if no answer is received within six months from the sending of the notice, the Registrar shall serve further written notice on him; and

(b)if no answer is received within three months from the sending of the further notice, the Registrar may remove his name from the Register.

List of visiting EEA architects

12Visiting EEA architects

(1)The Registrar shall maintain, in addition to the Register, a list of visiting EEA architects and shall permit any person to inspect it during normal working hours.

(2)The list of visiting EEA architects shall show the name and qualifications of each person enrolled on it and the period or periods for which and services in respect of which each enrolment is effective.

(3)A national of an EEA State established as an architect in an EEA State other than the United Kingdom who has applied to the Registrar in the manner specified in subsection (4) is entitled to be enrolled on the list of visiting EEA architects.

(4)An application is made by supplying—

(a)a declaration in writing giving particulars of the services to be provided by the person while visiting the United Kingdom and the period or periods for which he expects to provide them; and

(b)a certificate (or certificates) issued not more than twelve months previously by the competent authority of an EEA State in which he is established as an architect showing that he is lawfully pursuing activities in the field of architecture in an EEA State other than the United Kingdom and holds a qualification or certificate specified in section 5(1).

(5)Enrolment on the list of visiting EEA architects shall be for such period or periods and in respect of such services as the Registrar considers appropriate having regard to the particulars given in the declaration made under subsection (4)(a).

(6)No fee shall be charged for enrolment on the list of visiting EEA architects.

(7)A person shall not be enrolled on the list of visiting EEA architects at a time when—

(a)he is subject to a disqualifying decision in another EEA State;

(b)he is required under section 9(1) to satisfy the Board of his competence to practise but has not done so; or

(c)his name has been removed from the Register because of a suspension order or an erasure order and has not been re-entered.

(8)A person’s name shall be removed from the list of visiting EEA 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 supplied by him under subsection (4)(a); or

(c)he may no longer lawfully pursue activities in the field of architecture in the EEA State in which the certificate supplied under subsection (4)(b) showed he was lawfully pursuing such activities.

(9)A person enrolled on the list of visiting EEA architects shall, when using his title or any abbreviation of it, express the title or abbreviation in the language or one of the languages of the EEA State in which the body conferring the title is located and shall follow the title or abbreviation with the name and location of the body conferring the title.

Part IIIDiscipline

Professional standards

13Code of practice

(1)The Board shall issue a code laying down standards of professional conduct and practice expected of registered persons.

(2)The Board shall keep the code under review and vary its provisions whenever it considers it appropriate to do so.

(3)Before issuing or varying the code, the Board shall—

(a)consult such professional bodies and such other persons with an interest in architecture as it considers appropriate; and

(b)publish in such manner as it considers appropriate notice that it proposes to issue or vary the code, stating where copies of the proposals can be obtained.

(4)Failure by a registered person to comply with the provisions of the code—

(a)shall not be taken of itself to constitute unacceptable professional conduct or serious professional incompetence on his part; but

(b)shall be taken into account in any proceedings against him under section 14.

(5)The Board shall provide a copy of the code to any person who requests one on payment of a reasonable charge decided by the Board (and may provide a copy free of charge whenever it considers appropriate).

14Professional misconduct and incompetence

(1)Where an allegation is made that a registered person is guilty of—

(a)unacceptable professional conduct (that is, conduct which falls short of the standard required of a registered person); or

(b)serious professional incompetence,

or it appears to the Registrar that a registered person may be so guilty, the case shall be investigated by persons appointed in accordance with rules made by the Board.

(2)Where persons investigating a case under subsection (1) find that a registered person has a case to answer, they shall report their finding to the Professional Conduct Committee.

(3)Where the Professional Conduct Committee receives a report under subsection (2) in relation to a registered person, the Committee shall consider whether he is guilty of unacceptable professional conduct or serious professional incompetence.

(4)Before considering whether a registered person is guilty of unacceptable professional conduct or serious professional incompetence the Professional Conduct Committee shall—

(a)serve written notice on him outlining the case against him; and

(b)give him the opportunity to appear before the Committee to argue his case.

(5)At any such hearing the registered person is entitled to be legally represented.

(6)The Board may make rules as to the procedure to be followed by the Professional Conduct Committee in any proceedings under this section.

(7)If the Board does not make rules for the appointment of persons to investigate whether registered persons have been guilty of unacceptable professional conduct or serious professional incompetence, the Professional Conduct Committee shall consider such questions without any prior investigation.

Disciplinary orders

15Disciplinary orders

(1)The Professional Conduct Committee may make a disciplinary order in relation to a registered person if—

(a)it is satisfied, after considering his case, that he is guilty of unacceptable professional conduct or serious professional incompetence; or

(b)he has been convicted of a criminal offence other than an offence which has no material relevance to his fitness to practise as an architect.

(2)In this Act “disciplinary order” means—

(a)a reprimand;

(b)a penalty order;

(c)a suspension order; or

(d)an erasure order.

(3)Where the Professional Conduct Committee makes a disciplinary order in relation to a person, the Registrar shall serve written notice of the order on him as soon as is reasonably practicable.

(4)The Professional Conduct Committee shall, at appropriate intervals and in such manner as it considers appropriate, publish—

(a)the names of persons whom it has found guilty of unacceptable professional conduct or serious professional incompetence or in relation to whom it has made a disciplinary order under subsection (1)(b); and

(b)in the case of each person a description of the conduct, incompetence or offence concerned and the nature of any disciplinary order made.

(5)Where, after considering the case of a registered person, the Professional Conduct Committee is not satisfied that he is guilty of unacceptable professional conduct or serious professional incompetence, it shall, if he so requests, publish a statement of that fact in such manner as it considers appropriate.

(6)If a person who is registered in pursuance of section 5 becomes subject to a disqualifying decision in another EEA State expressed to be made on the ground that he has committed a criminal offence, he shall be deemed for the purposes of subsection (1) to have been convicted of that offence.

16Penalty orders

(1)Where a penalty order is made in relation to a registered person, he shall pay to the Board the sum specified in the order.

(2)A penalty order may not specify a sum exceeding the amount which, at the relevant time, is the amount specified as level 4 on the standard scale of fines for summary offences.

In this subsection “the relevant time” means—

(a)in a case within subsection (1)(a) of section 15, the time of the conduct or incompetence of which the registered person is found guilty; and

(b)in a case within subsection (1)(b) of that section, the time when he committed the criminal offence of which he has been convicted.

(3)A penalty order shall specify the period within which the sum specified in it is to be paid.

(4)If the person in relation to whom a penalty order is made does not pay the sum specified in the order within the period so specified, the Professional Conduct Committee may make a suspension order or an erasure order in relation to him.

(5)The Board shall pay into the Consolidated Fund any sum paid under a penalty order.

17Suspension orders

Where a suspension order is made in relation to a registered person, the Registrar shall remove his name from the Register but shall re-enter it in the Register at the end of such period not exceeding two years as is specified in the order.

18Erasure orders

(1)Where an erasure order is made in relation to a registered person, the Registrar shall remove his name from the Register and it shall not be re-entered in the Register unless the Board so directs.

(2)No application shall be made for the name of a person in relation to whom an erasure order has been made to be re-entered in the Register—

(a)before the end of the period of two years beginning with the date of the erasure order or such longer period specified in the erasure order as the Professional Conduct Committee considers appropriate in a particular case; or

(b)where he has made a previous application for his name to be re-entered in the Register, before the end of the prescribed period beginning with the date of the decision of the Board on that application.

(3)The Registrar shall serve on a person who applies for his name to be re-entered in the Register under this section 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 section to pay a fee of a prescribed amount.

Visiting EEA architects

19Application of discipline provisions to visiting EEA architects

The provisions of, and of rules under, this Act relating to disciplinary proceedings shall apply to a person who is or has been enrolled on the list of visiting EEA architects as if that person had been registered in pursuance of section 4; and references in those provisions to the Register shall be construed accordingly.

Part IVUse of title “architect”

20Use of title “architect”

(1)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 this Act.

(2)Subsection (1) does not prevent any use of the designation “naval architect”, “landscape architect” or “golf-course architect”.

(3)Subsection (1) does not prevent a body corporate, firm or partnership from carrying on business under a name, style or title containing the word “architect” if—

(a)the business of the body corporate, firm or partnership so far as it relates to architecture is under the control and management of a registered person who does not act at the same time in a similar capacity for any other body corporate, firm or partnership; and

(b)in all premises where its business relating to architecture is carried on it is carried on by or under the supervision of a registered person.

(4)The Board may by rules provide that subsection (3) shall not apply in relation to a body corporate, firm or partnership unless it has provided to the Board such information necessary for determining whether that subsection applies as may be prescribed.

(5)A person enrolled on the list of visiting EEA architects 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 this Act during the period, and in respect of the services, for which his enrolment is effective.

(6)For the purposes of this section a person is not treated as not practising by reason only of his being in the employment of another person.

(7)In this section “business” includes any undertaking which is carried on for gain or reward or in the course of which services are provided otherwise than free of charge.

(8)Nothing in this section affects the validity of any building contract in customary form.

21Offence

(1)If any person contravenes section 20(1) he commits an offence and is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(2)A person is not guilty of an offence by reason of contravening section 20(1) on any particular date if—

(a)the contravention is occasioned by the fact that an application on his part for registration under this Act has not been granted; and

(b)notice of the decision not to grant the application had not been duly served under this Act before that date.

(3)A person is not guilty of an offence by reason of contravening section 20(1) on any particular date if the contravention is occasioned by the removal of his name from the Register in circumstances in which notice is required to be served on him and—

(a)the notice had not been duly served before that date;

(b)the time for bringing an appeal against the removal had not expired at that date; or

(c)such an appeal had been duly brought, but had not been determined, before that date.

(4)In relation to an offence under subsection (1)—

(a)section 127(1) of the [1980 c. 43.] Magistrates' Courts Act 1980 (information to be laid within six months of offence);

(b)Article 19(1) of the [S.I. 1981/1675 (N.I. 26).] Magistrates' Courts (Northern Ireland) Order 1981 (complaint to be made within that time); and

(c)section 136(1) of the [1995 c. 46.] Criminal Procedure (Scotland) Act 1995 (proceedings to be commenced within that time),

shall have effect as if for the references in them to six months there were substituted references to two years.

Part VGeneral and supplementary

General

22Appeals

Any person aggrieved by—

(a)his name not being re-entered in, or being removed from, the Register by virtue of section 9;

(b)the Board ordering the Registrar to remove his name from the Register under section 10; or

(c)the making of a disciplinary order in relation to him,

may appeal to the High Court or the Court of Session within three months from the date on which notice of the decision or order concerned is served on him; and on an appeal under this section the Court may make any order which appears appropriate, and no appeal shall lie from any decision of the Court on such an appeal.

23Rules

(1)The Board may make rules generally for carrying out or facilitating the purposes of this Act.

(2)The Board shall, before making any rules under this Act, publish a draft of the rules and give those to whom the rules would be applicable an opportunity of making representations to the Board.

(3)The Registrar shall on payment of the prescribed charges supply a copy of any rules made under this Act and of any forms prescribed by such rules to any person applying for them.

24Service of documents

(1)Any notice or document required to be served by or for the purposes of this Act may be sent by post, and when sent to any registered person shall be deemed to be properly addressed if addressed to him at his address in the Register.

(2)Any notice relating to the refusal to register any person or required to be served by section 9(2), 10(2), 11(a), 14(4)(a) or 15(3) shall be sent by post as a registered letter.

Supplementary

25Interpretation

In this Act—

• “the Board” means the Architects Registration Board;

• “competent authority”, in relation to an EEA State, means an authority or body designated by the State in accordance with the Directive;

• “the Directive” means [O.J. No. L. 223/15.] Council Directive 85/384/EEC on the mutual recognition of diplomas, certificates and other evidence of formal qualifications in architecture, as amended;

• “disciplinary order” has the meaning given by section 15;

• “disqualifying decision in another EEA State”, in relation to any person, means a decision made by a competent authority of an EEA State other than the United Kingdom which—

  (a)

  is expressed to be made on the ground that he has committed a criminal offence or has misconducted himself in a professional respect; and

  (b)

  has the effect in that State that he is no longer registered or otherwise officially recognised as an architect or that he is prohibited from practising as an architect there;

• “EEA State” means any State which is a Contracting Party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992, as adjusted by the Protocol signed at Brussels on 17th March 1993;

• “erasure order” shall be construed in accordance with section 18;

• “list of visiting EEA architects” means the list maintained under section 12;

• “national” does not include a person who, by virtue of Article 2 of Protocol No.3 (Channel Islands and Isle of Man) to the Treaty of Accession, is not to benefit from Community provisions relating to the free movement of persons and services;

• “penalty order” shall be construed in accordance with section 16;

• “prescribed” means prescribed by rules made by the Board and “prescribe” means prescribe by rules;

• “the Register” means the Register of Architects;

• “registered person” means a person whose name is in the Register;

• “the Registrar” means the Registrar of Architects;

• “suspension order” shall be construed in accordance with section 17; and

• “unacceptable professional conduct” has the meaning given by section 14.

26Consequential amendments

In—

(a)section 6 of the [1955 No. 1.] Inspection of Churches Measure 1955, in the definition of “qualified person”;

(b)section 52(1) of the [1963 No. 2.] Cathedrals Measure 1963, in the definition of “architect”; and

(c)section 20(1) of the [1990 No. 2.] Care of Cathedrals Measure 1990, in the definition of “architect”,

for “Architects Acts 1931 to 1996” substitute “Architects Act 1997”.

27Transitionals, repeals etc

Schedule 2 (transitional provisions and savings) and Schedule 3 (repeals and revocations) have effect.

28Short title, commencement and extent

(1)This Act may be cited as the Architects Act 1997.

(2)This Act (apart from this section) shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint.

(3)This Act extends to Northern Ireland.