Architects' Qualifications (EEC Recognition) Order 1987
| Jurisdiction | UK Non-devolved |
| Citation | SI 1987/1824 |
| Year | 1987 |
1987 No. 1824
ARCHITECTS
The Architects' Qualifications (EEC Recognition) Order 1987
Made 21th October 1987
Laid before Parliament 29th October 1987
Coming into force 19th November 1987
At the Court of Saint James, the 21st day of October 1987
Present,
The Counsellors of State in Council
Whereas Her Majesty, in pursuance of the Regency Acts 1937 to 1953, was pleased, by Letters Patent dated the 17th day of September 1987, to delegate to the six Counsellors of State therein named or any two or more of them full power and authority during the period of Her Majesty’s absence from the United Kingdom to summon and hold on Her Majesty’s behalf Her Privy Council and to signify thereat Her Majesty’s approval for anything for which Her Majesty’s approval in Council is required:
Now, therefore, His Royal Highness The Prince Andrew Duke of York and Her Royal Highness The Princess Royal being authorised thereto by the said Letters Patent, and in pursuance of the powers conferred on Her Majesty by section 2(2) of the European Communities Act 19721, and all other powers enabling Her Majesty, and by and with the advice of Her Majesty’s Privy Council, do on Her Majesty’s behalf order, and it is hereby ordered, as follows:—
Citation and commencement
1. This Order may be cited as the Architects' Qualifications (EEC Recognition) Order 1987 and shall come into force on 19th November 1987.
Interpretation
2. In this Order—
“the 1931 Act” means the Architects (Registration) Act 19312; and
“the 1938 Act” means the Architects Registration Act 19383.
3. At the end of section 2 of the 1931 Act there shall be inserted the following definitions—
“The expression “the Directive” means European Communities Council Directive No. 85/384/EEC1on the mutual recognition of diplomas, certificates and other evidence of formal qualifications in architecture, as amended by European Communities Council Directives Nos. 85/614/EEC2and 86/17/EEC3.
The expression “competent authority”, in relation to a member State, means an authority or body designated by the member State in accordance with the Directive.
The expression “national” in relation to a member State means the same as in the Community Treaties, but 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.
The expression “disqualifying decision in another member state” in relation to any person means a decision made by a competent authority of a member State other than the United Kingdom which—
(a)
(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)
(b) has in that State the effect that he is no longer registered or otherwise officially recognised as an architect or that he is prohibited from practising as an architect there.”.
Recognition of European Community architectural qualifications
4. In section 5(2)(a) and (b) and (3) of the 1931 Act the words “in pursuance of section 6” shall be inserted after the word “Act”.
5. After section 6 of the 1931 Act there shall be inserted the following section—
“European qualifications.
6A.—(1) Subject to the provisions of this Act, a national of a member State who satisfies any of the requirements set out in subsection (2) shall on application made to the Council in the prescribed manner and on payment of the prescribed fee be entitled to be registered in pursuance of this section.
(2) The requirements are that a person—
(a)
(a) holds a qualification listed in the Fourth Schedule or, where the course of study leading to that qualification has been started no later than the beginning of the first academic year beginning after 5th August 1987, Part I of the Fifth Schedule to this Act, together with a certificate issued by a competent authority of a member State, in accordance with Article 23 of the Directive, stating that he has gained at least two years practical training experience in that member State under the supervision of a person established as an architect in that member State;
(b)
(b) holds a qualification listed in Part II of the Fifth Schedule to the Act where the course of study leading to that qualification has been started no later than the beginning of the first academic year beginning after 5th August 1987, together with a certificate issued by a competent authority of the Federal Republic of Germany, in accordance with Article 4(1) of the Directive, stating that he has gained at least four years appropriate professional experience in the Federal Republic of Germany;
(c)
(c) holds a certificate issued by a competent authority of a member State, in accordance with Article 12 of the Directive, stating that he has been, no later than the date on which that member State implemented the Directive, authorised in that member 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;
(d)
(d) holds a certificate issued by a competent authority of a member State, in accordance with Article 5 of the Directive, stating that he is, by reason of his distinguished achievements in the field of architecture, entitled to use the title of architect.
(3) Where a person holds a certificate issued by a competent authority of the Federal Republic of Germany stating that a qualification awarded to that person by an institution in the German Democratic Republic after 8th May 1945 is of equivalent effect to a qualification listed in the Fourth or the Fifth Schedule to this Act, that person shall, for the purposes of this Act, be deemed to hold a qualification listed in the Fourth or, as the case may be, the Fifth Schedule to this Act.
(4) The Council may refuse to register a person in pursuance of this section if they are aware that there is a disqualifying decision in another member State in force in respect of that person.
(5) The Council shall cause a written notice of their decision on any application for registration in pursuance of this section to be served on the applicant within three months of his application being duly made.
(6) If, in pursuance of Article 17(4) or 18(2) of the Directive, the Council consult a member State in respect of an application under this section, the period mentioned in subsection (5) shall be extended by such period as may elapse between initiating the consultation and the receipt by the Council of a final reply from that member State.
(7) A person who is registered in pursuance of this section shall, when using his academic title or any abbreviations of it, express such title or abbreviation in the language or one of the languages of the member State in which the body conferring the title is located and shall follow the title or any abbreviation of it with the name and location of the body conferring the title.”.
6. There shall be inserted after the Third Schedule to the 1931 Act the Schedules set out in the Schedule to this Order.
7. After section 7 of the 1931 Act there shall be inserted the following section—
“Removal of name from Register: disqualification in another member State.
7A.—(1) If a person’s name was entered on the Register in pursuance of section 6A of this Act at a time when there was a disqualifying decision in another member State in force in respect of that person, and if at that time the Council were unaware of that fact, the Council, on being satisfied that the person was at that time and still is subject to that disqualifying decision, may cause his name to be removed from the Register.
(2) If a person who is registered under this Act in...
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