Part VU.K. General and supplementary

GeneralU.K.

[F121AAppeals to the Appeals CommitteeU.K.

(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(b)the way in which an appeal is to be made or withdrawn;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.]

[F322 Appeals [F2to the court]U.K.

(1)A person may appeal to the High Court or, in Scotland, to the Court of Session if he is aggrieved by—

[F4(a)a decision of the Appeals Committee under section 21A, on an appeal made by the person;]

(b)failure of the Registrar to comply with section 6(4);

[F5(c)the person’s name not being re-entered in the Register under section 18 as a result of section 9(1);]

F6(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)the making of a disciplinary order in relation to him.

(2)F7... An appeal under subsection (1)(a), (c)F8... or (e) must be made not later than three months after the date on which notice of the decision or order concerned is served on the person.

F9(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F10(4)Where an appeal under subsection (1)(b) is made by a person who, in applying for registration in pursuance of section 4, relied on subsection (1)(a) of that section, the appeal must be made within six months beginning with the day on which the person’s application for the registration is made.]

(5)An appeal under subsection (1)(b) to which subsection (4) does not apply must be made within nine months beginning with the date on which the person’s application for registration is made.

F11(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)On an appeal under this section the court concerned may make any order which appears appropriate, and no appeal shall lie from any decision of a court on such an appeal.]

[F1222B[F13Professional-regulation information]U.K.

F14(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F15(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)In this section “professional-regulation information” means information regarding—

(a)disciplinary action taken,

(b)criminal sanctions imposed, or

(c)any other serious, specific circumstances,

where the action is, or the sanctions or circumstances are, likely to have consequences for the pursuit of the profession of architect by a person.

(4)If in any case the Board receives professional-regulation information from F16... [F17a person who applies for registration], the Board—

(a)[F18may investigate and establish] the position in the case, F19...

F19(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)The Board may make enquiries of registered persons where the Board considers it necessary to do so for the purposes of enabling it to discharge its [F20function] under [F21subsection (4)(a)].

(6)Where a registered person receives enquiries under subsection (5), the person shall reply and, in replying, shall use the person’s best endeavours to assist the Board.

(7)The power under subsection (5) is not to be taken to prejudice any other power to make enquiries of registered persons.]

F2222CConfidentialityU.K.

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

23 Rules.U.K.

(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.

24 Service of documents.U.K.

(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.

[F23(1A)Any notice required to be served by section 11(a) is to be sent by post as a registered letter.]

(2)Any notice relating to the refusal to register any person or required to be served by section 9(2), F24... F25... 14(4)(a) [F26, 15(3) or 21A(4)] shall be [F27sent—

(a)by post as a registered letter, or

(b)in accordance with subsection (4).]

[F28(3)Where a notice or document required to be served by or for the purposes of this Act is sent to a person in accordance with subsection (4), it is to be treated as having been served on the person unless the contrary is proved—

(a)if the notice or document is sent on a working day, on the day on which it is sent, or

(b)if the notice or document is sent on a day which is not a working day, on the next working day.

(4)A notice or document is sent to a person in accordance with this subsection if—

(a)it is sent by a prescribed electronic communications method,

(b)where rules made by the Board make such provision as is described in subsection (8), the method is prescribed for the purpose of serving a notice or document of that description, and

(c)the conditions mentioned in subsection (5) are satisfied in relation to the sending of the notice or document.

(5)The conditions referred to in subsection (4)(c) are—

(a)that the person to whom the notice or document is sent has agreed with a relevant body that a notice or document of that description may be served by that method and the agreement has not been withdrawn in accordance with subsection (6) before the notice or document is sent;

(b)that, if that method consists of or involves sending an email to the person, the email is sent to an email address specified by the person for the purposes of the agreement.

(6)A person who has agreed to be served by a prescribed electronic communications method may give notice withdrawing the agreement to any of the relevant bodies.

(7)A withdrawal under subsection (6) takes effect five working days after the day on which the notice is received by the relevant body.

(8)Rules made by the Board under this section prescribing electronic communications methods may prescribe different methods for the purpose of serving different descriptions of notices or documents.

(9)In this section—

• “electronic communications method” means a method of sending a notice or document that uses electronic communications (within the meaning of the Electronic Communications Act 2000);

• “relevant body” means the Board, the Registrar or a committee of the Board;

• “working day” means a day other than a Saturday, a Sunday, Christmas Day, Good Friday or a bank holiday under the Banking and Financial Dealings Act 1971 in any part of the United Kingdom.]

[F2924AFeesU.K.

(1)The Secretary of State may make regulations for, and relating to, the charging of fees by the Board in respect of services which it provides.

(2)Regulations under this section may in particular make provision about—

(a)the services, or types of services, in respect of which the Board may charge a fee;

(b)the persons who are liable to pay a fee;

(c)how fees charged by the Board are to be calculated;

(d)how fees charged by the Board are to be paid.

(3)In this section, a “service”—

(a)includes any exercise by the Board of its power to prescribe qualifications for the purposes of section 4(1)(a);

(b)does not include any service in respect of which a fee may be prescribed under any other provision of this Act.

(4)Regulations under this section are to be made by statutory instrument.

(5)A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.]