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The Architects (Recognition of European Qualifications etc and Saving and Transitional Provision) Regulations 2008

Consolidated Text As Enacted Cited authorities 30 Cited in Amendments 21 Related
Vincent
JurisdictionUK Non-devolved
CitationSI 2008/1331
Year2008
  • These Regulations may be cited as the Architects (Recognition of European Qualifications etc and Saving and Transitional Provision) Regulations 2008 and shall come into force on 20th June 2008.
  • The Architects Act 1997
  • In Part 1, after section 1 (the Board) , insert—
      (1A) Designation of the Board as competent authority
    • “(1) The Board is designated as the competent authority in the United Kingdom for the purposes of the Directive so far as relating to architects.
    • (2) The designation under subsection (1) does not extend to the awarding of degrees, diplomas or other qualifications in architecture.
    • (3) Accordingly, the Board shall in the United Kingdom carry out (in particular) the mutual-recognition functions so far as relating to architects.
    • (4) The carrying-out of the following functions in the United Kingdom is not entrusted to the Board by subsection (3) —
    • (a) the function of awarding degrees, diplomas or other qualifications in architecture;
    • (b) any other mutual-recognition functions the carrying out of which, so far as relating to architects, is entrusted to the Board or any other person by or under any enactment other than this section.
    • The Board is designated as the competent authority in the United Kingdom for the purposes of the Directive so far as relating to architects.The designation under subsection (1) does not extend to the awarding of degrees, diplomas or other qualifications in architecture.Accordingly, the Board shall in the United Kingdom carry out (in particular) the mutual-recognition functions so far as relating to architects.the function of awarding degrees, diplomas or other qualifications in architecture;any other mutual-recognition functions the carrying out of which, so far as relating to architects, is entrusted to the Board or any other person by or under any enactment other than this section.In this section “mutual-recognition functions” means the functions specified in the Directive that a Member State, in giving effect to the Directive, must or may cause to become functions of the State's competent authorities.
  • In section 2 (the Registrar) , after subsection (3) , insert—
    • Where functions of a competent authority under the Directive are exercised by the Registrar, he exercises them on behalf of the Board.
  • In section 3 (the Register) , after subsection (1) , insert—
    • The Register shall consist of two Parts, to be known as Part 1 and Part 2.for the side-note, substitute “ Registration in Part 1 of the Register: general ”;in subsection (1) , after “registered” insert “ in Part 1 of the Register ”;for subsections (2A) and (2B) lawfully established as an architect in the relevant European State in which that evidence was issued, oreligible to practise as an architect in that State, as confirmed by a competent authority in that State;he produces to the Registrar a certificate, awarded by a relevant European state other than the United Kingdom, that attests that Article 48(2) of the Directive (authorisation to use the title of architect by reason of being especially distinguished by quality of work in the field of architecture) applies to him; orwhose case falls within regulation 3(9) (a) , (b) , (c) or (e) of the European Communities (Recognition of Professional Qualifications) Regulations 2007,to whom regulations 20 to 26 of those Regulations apply by reason of operation of regulation 3(4) of those Regulations, andwho is permitted to pursue the profession of architect in the United Kingdom by virtue of Part 3 of those Regulations (having, in particular, successfully passed any aptitude test that he may be required to undertake pursuant to that Part of those Regulations) .before “the Register” insert “ Part 1 of ”; andafter “registered” insert “ in pursuance of this section ”.(3) After subsection (6) , insert—
    • “(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.
    .    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.
  • For section 5 (registration: EEA qualifications) , substitute—
      (4A) Registration in Part 1 of the Register: European qualifications
    • “(1) The descriptions referred to in section 4(2A) (a) are—
    • (a) evidence of formal qualifications listed 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”;
    • (b) evidence of formal qualifications as an architect which is required to be recognised under paragraph 3, 4 or 5 of Article 23 of the Directive (recognition of qualifications issued by the former Czechoslovakia, former Soviet Union, and former Yugoslovia) , accompanied by—
    • (i) such attestation in respect of that evidence as is mentioned in that paragraph, and
    • (ii) such a certificate as is required by the second sub-paragraph of that paragraph;
    • evidence of formal qualifications listed 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”;such attestation in respect of that evidence as is mentioned in that paragraph, andsuch a certificate as is required by the second sub-paragraph of that paragraph;evidence of training which is required by paragraph 1 of Article 47 of the Directive to be recognised as satisfying Article 21 of the Directive (training provided by ‘Fachhochschulen’ in the Federal Republic of Germany) , accompanied by such a certificate (certificate as to 4 years' post-training experience) as is mentioned in that paragraph;having passed such an examination as is mentioned in that paragraph, andhaving worked as mentioned in that paragraph (7 years' supervised work in the field of architecture) ;evidence of formal qualifications which is required by paragraph 1 of Article 49 of the Directive to be recognised by the United Kingdom (acquired rights: recognition of evidence of qualifications listed in Annex VI to the Directive and awarded in other relevant European States; and recognition of evidence of qualifications issued in the German Democratic Republic and certified as equivalent to evidence so listed) ; andevidence of formal qualifications in the form of a certificate which is required to be recognised by paragraph 2 of Article 49 of the Directive (acquired rights: rules governing the access to and pursuit of the activities of an architect as of dates specified for individual Member States) .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;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 from the competent authorities of a relevant European State confirmation of the authenticity of the attestations and evidence of formal qualifications awarded in that other 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) ;

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