Architects Act 1997

RegistrationU.K.

4 [F1Registration F2...: general]U.K.

(1)A person who has applied to the Registrar in the prescribed manner for registration F3... is entitled to be registered F4... 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.

[F5(2A)For the purposes of subsection (1), a [F6person] shall be treated as having achieved a standard of competence equivalent to that demonstrated by satisfying subsection (1)(a) if—

(a)he produces [F7the evidence described] in section 4A(1) [F8which provides access to the profession of architect in the relevant European State in which that evidence was issued];

F9(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(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 F10...—

(a)if the Registrar is satisfied that the person is entitled to be registered F11..., he shall enter his name in F12... 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 F13... 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 F14... the Register if it is satisfied that he is entitled to be registered F15....

[F16(7)For the purposes of subsection (2A)(a), evidence is to be treated as issued in a relevant European State if it is issued in a country (or former country) whose territory at any time consisted of, or included, the whole or part of the territory of that State.]

[F184ARegistration F17...: European qualificationsU.K.

[F19(1)The evidence that a person is required to produce for the purposes of section 4(2A)(a) is evidence of formal qualifications listed in respect of a relevant European State in point 5.7.1 of Annex V to the Directive (qualifications in architecture satisfying the minimum training conditions mentioned in Article 46 of the Directive, including training which is, under Article 22(a), to be treated as meeting those conditions) accompanied, where appropriate, by the certificate listed in relation to that evidence in the column of that point of that Annex entitled “Certificate accompanying the evidence of qualifications”.]

(2)Where a person applies for registration in pursuance of section 4 and, in doing so, relies on subsection (2A) of that section—

(a) the Registrar may, for the purposes of deciding whether the person is entitled to be registered in pursuance of section 4, demand any documents within Annex VII to the Directive and may, where the demand relates to a document within point 1(d), (e) or (f) of that Annex, treat the demand as unsatisfied if the document submitted to the Registrar in response to the demand is more than 3 months old when submitted;

(b) in the event of justified doubts as to whether the person is entitled to be registered in pursuance of section 4, the Registrar may require [F20the person to produce written confirmation from the competent authority in a relevant European State] of the authenticity of the F21... evidence of formal qualifications awarded in that F22... relevant European State, as well as confirmation of the fact that the person fulfils the minimum training conditions set out in Article 46 of the Directive (including training which is, under Article 22(a), to be treated as meeting those conditions);

(c)in case of justified doubt as to whether the person is entitled to be registered in pursuance of section 4, where [F23the person has produced confirmation from a competent authority in a relevant European State (see paragraph (b)) which] includes evidence as to training received in whole or in part in an establishment legally established in the territory of another relevant European state, the Registrar [F24may require the person to produce written confirmation from the competent authority in the relevant European State of origin of the award as to] —

(i)whether the training course at the establishment which gave the training has been formally certified by the educational establishment based in the relevant European State of origin of the award;

(ii)whether the evidence of formal qualifications issued is the same as that which would have been awarded if the course had been followed entirely in the relevant European State of origin of the award; and

(iii)whether the evidence of formal qualifications confers the same professional rights in the territory of the relevant European State of origin of the award.

(3) Subsection (4) applies to a person who is registered F25... in pursuance of section 4 in reliance on subsection (2A) of that section.

(4)The person, when using his academic title or any abbreviation of it—

(a)may express the title or abbreviation in the language, or one of the languages, of the relevant European State in which the body conferring the title is located;

(b)must follow the title or abbreviation with the name and location of the body conferring the title.]

F265A Registration in Part 2 of the Register : Directive-rights nationals providing services U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F265B Titles to be used by persons registered in Part 2 of the Register U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F265CInformation to be given to recipients of the serviceU.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F265DAdministrative co-operation with other relevant European StatesU.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F265EComplaints by recipients of servicesU.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6 Registration: further procedural requirements.U.K.

(1)The Board may require an applicant for registration F27... 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.

F28(2A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)The Board may prescribe the information and evidence to be provided to the Registrar in connection with an application for registration F29....

[F30(3A)The reference in subsection (3) to an application for registration F31... does not include an application for registration F32... made by a [F33person] who, in making the application, relies on section 4(2A).

(3B)Where a [F34person] applies to be registered F35... and, in doing so, relies on section 4(2A), the Board shall—

(a)acknowledge receipt of the application within one month of receipt; and

(b)inform the applicant of any missing document required for the purposes of the application.

(3C)The Registrar shall deal expeditiously with all applications for registration.]

[F36(4)The Registrar shall serve on an applicant F37... written notice of the decision on his application.

[F38(4A)A notice under subsection (4) shall be served—

(a)in the case of an application by a person who in making the application—

(i)relies on subsection (1)(a) of section 4 without also relying on subsection (2A), or

(ii)relies on section 4(2A),

within three months beginning with the date on which the application is made;

(b)in any other case, within six months beginning with the date on which the application is made.]

(4B)Notice of a refusal in the case of an application [F39by a person who in making the application relies on section 4(2A)] shall state reasons for the refusal.]

F40(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F416A.Issuing of certificates of architectural educationU.K.

(1)Where a person requests the Board to issue a certificate of architectural education confirming that the person’s training as an architect—

(a)meets the minimum training conditions in Article 46 of the Directive,

(b)gives that person entitlement under section 4 to be registered F42..., or

(c)includes prescribed or equivalent qualifications,

the Board may issue such a certificate to that person if the training does meet those conditions, gives that entitlement or includes those qualifications.

(2)The Board may require a person making a request under subsection (1) to pay a fee of a prescribed amount.]

7 Penalty for obtaining registration[F43or recognition] by false representation.U.K.

[F44(1)A person commits an offence if the person intentionally—

(a)becomes or attempts to become registered under this Act, or

(b)does any of the things mentioned in subsection (1A) anywhere in or outside the United Kingdom.

(1A)Those things are—

(a)making to the Board or to the Registrar,

(b)producing to the Board or to the Registrar,

(c)causing to be made to the Board or to the Registrar, or

(d)causing to be produced to the Board or to the Registrar]

(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.