Architects Act 1997 (3/13)

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PART II - REGISTRATION ETC. - continued

Removal from Register etc.

Retention of name in Register.

(1)

The Board may require a registered person to pay a retention fee of a prescribed amount if he wishes his name to be retained in the Register in any calendar year after that in which it was entered.

(2)

Where, after the Registrar has sent a registered person who is liable to pay a retention fee a written demand for the payment of the fee, the person fails to pay the fee within the prescribed period, the Registrar may remove the person's name from the Register.

(3)

Where a person whose name has been removed from the Register under subsection (2) pays the retention fee, together with any further prescribed fee, before the end of the calendar year for which the retention fee is payable or such longer period as the Board may allow-

(a)

his name shall be re-entered in the Register (without his having to make an application under section 4 or 5); and

(b)

if the Board so directs, it shall be treated as having been re-entered on the date on which it was removed

Competence to practise.

(1)

Where the Board is not satisfied that a person who-

(a)

applies for registration in pursuance of section 4 or 5;

(b)

wishes his name to be retained or re-entered in the Register under section 8; or

(c)

applies for his name to be re-entered in the Register under section 18,

has gained such recent practical experience as the Board may prescribe, his name shall not be entered or re-entered in the Register, or shall be removed from it, unless he satisfies the Board of his competence to practise.

(2)

Where the Board decides that the name of a person to whom paragraph (b) of subsection (1) applies is by virtue of that subsection to be removed from, or not to be re-entered in, the Register, the Registrar shall serve written notice of the decision on him within the prescribed period after the date of the decision.

Disqualification in an EEA State

(1)

The Board may order the Registrar to remove a person's name from the Register if-

(a)

it was entered in the Register in pursuance of section 5 at a time when there was a disqualifying decision in another EEA State in force in respect of the person;

(b)

at that time the Board was unaware of that fact; and

(c)

the Board is satisfied that the person was at that time and is still subject to that disqualifying decision.

(2)

Where the Board orders the Registrar to remove a person's name from the Register under this section, the Registrar shall serve written notice of the removal on him as soon as is reasonably practicable.

Failure to notify change of address.

Where the Registrar serves notice in writing on a registered person asking if he has changed his regular business address-

(a)

if no answer is received within six months from the sending of the notice, the Registrar shall serve further written notice on him; and

(b)

if no answer is received within three months from the sending of the further notice, the Registrar may remove his name from the Register.

List of visiting EEA architects

Visiting EEA architects.

(1)

The Registrar shall maintain, in addition to the Register, a list of visiting EEA architects and shall permit any person to inspect it during normal working hours.

(2)

The list of visiting EEA architects shall show the name and qualifications of each person enrolled on it and the period or periods for which and services in respect of which each enrolment is effective.

(3)

A national of an EEA State established as an architect in an EEA State other than the United Kingdom who has applied to the Registrar in the manner specified in subsection (4) is entitled to be enrolled on the list of visiting EEA architects

(4)

An application is made by supplying-

(a)

a declaration in writing giving particulars of the services to be provided by the person while visiting the United Kingdom and the period or periods for which he expects to provide them; and

(b)

a certificate (or certificates) issued not more than twelve months previously by the competent authority of an EEA State in which he is established as an architect showing that he is lawfully pursuing activities in the field of architecture in an EEA State other than the United Kingdom and holds a qualification or certificate specified in section 5(1).

(5)

Enrolment on the list of visiting EEA architects shall be for such period or periods and in respect of such services as the Registrar considers appropriate having regard to the particulars given in the declaration made under subsection (4)(a).

(6)

No fee shall be charged for enrolment on the list of visiting EEA architects.

(7)

A person shall not be enrolled on the list of visiting EEA architects at a time when-

(a)

he is subject to a disqualifying decision in another EEA State;

(b)

he is required under section 9(1) to satisfy the Board of his competence to practise but has not done so; or

(c)

his name has been removed from the Register because of a suspension order or an erasure order and has not been re-entered.

(8)

A person's name shall be removed from the list of visiting EEA architects if-

(a)

he becomes established as an architect in the United Kingdom;

(b)

he renders services in the United Kingdom otherwise than in accordance with a declaration supplied by him under subsection (4)(a); or

(c)

he may no longer lawfully pursue activities in the field of architecture in the EEA State in which the certificate supplied under subsection (4)(b) showed he was lawfully pursuing such activities.

(9)

A person enrolled on the list of visiting EEA architects shall, when using his 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.

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