At a hearing of the Architects Registration Board’s Professional Conduct Committee (PCC) on 3 May 2012, architect Kanak Bose of Lanarkshire was found guilty of unacceptable professional conduct and issued with a £1000 penalty order.
Mr Bose faced three allegations. Firstly,that he failed to ensure two companies of which he was a directorwere managed prudently; secondly,that he failed to report two liquidations of his companies to the Registrar within28 days and finally, that he failed to co-operate with the Board’s enquiries promptly.
The Committee heard that the two companies of Mr Bose that went into liquidation had 25 outstanding judgment debts against them; that proper accounts had not been maintained; that one of the companies had continued to trade whilst insolvent, and that creditors had not been informed of the firms’ financial position.
Mr Bose admitted all three allegations and agreed that they amounted to unacceptable professional conduct. In his submission, Mr Bose attributed the demise of the two companies to a slump in the housing market, inadequate funding and to disputes with fellow directors – although he acknowledged that the management of companies was not one of his strengths. He also admitted that he had been dilatory in corresponding with the Board and replying to its enquiries.
The Committee considered Mr Bose’s submissions and concluded that that the allegations did amount to unacceptable professional conduct. It did, however,note that there was no element of dishonesty or lack of integrity.
In considering all the circumstances of the case, the Committee concluded that the appropriate sanction was a £1,000 penalty order. In imposing this sanction, it took account of a previous disciplinary finding against Mr Bose and considered that in light of this earlier reprimand, heought to have been particularly aware of the importance of complying with the provisions of the Code of Conduct.
Notes for Editors
ARB is the statutory body established by Parliament under the Architects Act 1997 to regulate the UK architects’ profession in the public interest. The Act requires ARB (among other things) to:
- Maintain the Register of Architects (Section 3)
- Prescribe qualifications for entry to the Register of Architects (Section 4)
- Deal with competence to practise (Section 9)
- Issue a Code which lays down standards of professional conduct and practice (Section 13)
- Regulate use of the title “architect” and prosecute those who use it unlawfully (Section 20)
Any money raised by fines imposed by the Professional Conduct Committee is paid to HM Treasury.