Architects Act 1997
| Jurisdiction | UK Non-devolved |
| Citation | 1997 c. 22 |
| Year | 1997 |
Architects Act 1997
1997 CHAPTER 22
An Act to consolidate the enactments relating to architects.
[19th March 1997]
B e it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Part I
The Architects Registration Board
1 The 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 II
Registration etc
The Registrar and the Register
2 The 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.
3 The 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
4 Registration: 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.
5 Registration: 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.
6 Registration: 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 pu rsuance 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...
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