Architects Act 1997 (4/13)

- continued

Contents

PART III - DISCIPLINE

Professional standards

Code of practice.

(1)

The Board shall issue a code laying down standards of professional conduct and practice expected of registered persons.

(2)

The Board shall keep the code under review and vary its provisions whenever it considers it appropriate to do so

(3)

Before issuing or varying the code, the Board shall-

(a)

consult such professional bodies and such other persons with an interest in architecture as it considers appropriate; and

(b)

publish in such manner as it considers appropriate notice that it proposes to issue or vary the code, stating where copies of the proposals can be obtained.

(4)

Failure by a registered person to comply with the provisions of the code-

(a)

shall not be taken of itself to constitute unacceptable professional conduct or serious professional incompetence on his part; but

(b)

shall be taken into account in any proceedings against him under section 14.

(5)

The Board shall provide a copy of the code to any person who requests one on payment of a reasonable charge decided by the Board (and may provide a copy free of charge whenever it considers appropriate).

Professional misconduct and incompetence.

(1)

Where an allegation is made that a registered person is guilty of-

(a)

unacceptable professional conduct (that is, conduct which falls short of the standard required of a registered person); or

(b)

serious professional incompetence,

or it appears to the Registrar that a registered person may be so guilty, the case shall be investigated by persons appointed in accordance with rules made by the Board.

(2)

Where persons investigating a case under subsection (1) find that a registered person has a case to answer, they shall report their finding to the Professional Conduct Committee.

(3)

Where the Professional Conduct Committee receives a report under subsection (2) in relation to a registered person, the Committee shall consider whether he is guilty of unacceptable professional conduct or serious professional incompetence.

(4)

Before considering whether a registered person is guilty of unacceptable professional conduct or serious professional incompetence the Professional Conduct Committee shall-

(a)

serve written notice on him outlining the case against him; and

(b)

give him the opportunity to appear before the Committee to argue his case.

(5)

At any such hearing the registered person is entitled to be legally represented

(6)

The Board may make rules as to the procedure to be followed by the Professional Conduct Committee in any proceedings under this section

(7)

If the Board does not make rules for the appointment of persons to investigate whether registered persons have been guilty of unacceptable professional conduct or serious professional incompetence, the Professional Conduct Committee shall consider such questions without any prior investigation.;

Disciplinary orders

(1)

The Professional Conduct Committee may make a disciplinary order in relation to a registered person if-

(a)

it is satisfied, after considering his case, that he is guilty of unacceptable professional conduct or serious professional incompetence; or

(b)

he has been convicted of a criminal offence other than an offence which has no material relevance to his fitness to practise as an architect.

(2)

In this Act "disciplinary order" means-

(a)

a reprimand;

(b)

a penalty order;

(c)

a suspension order; or

(d)

an erasure order.

(3)

Where the Professional Conduct Committee makes a disciplinary order in relation to a person, the Registrar shall serve written notice of the order on him as soon as is reasonably practicable.

(4)

The Professional Conduct Committee shall, at appropriate intervals and in such manner as it considers appropriate, publish-

(a)

the names of persons whom it has found guilty of unacceptable professional conduct or serious professional incompetence or in relation to whom it has made a disciplinary order under subsection (1)(b); and

(b)

in the case of each person a description of the conduct, incompetence or offence concerned and the nature of any disciplinary order made.

(5)

Where, after considering the case of a registered person, the Professional Conduct Committee is not satisfied that he is guilty of unacceptable professional conduct or serious professional incompetence, it shall, if he so requests, publish a statement of that fact in such manner as it considers appropriate.

(6)

If a person who is registered in pursuance of section 5 becomes subject to a disqualifying decision in another EEA State expressed to be made on the ground that he has committed a criminal offence, he shall be deemed for the purposes of subsection (1) to have been convicted of that offence.

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