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Interpretation

1. These rules shall be known as the 'Architects Registration Board Rules' and are made under section 23(1) of the Act unless otherwise stated.
2. These rules shall take effect from 1 April 2012, with the exception of Rule 7iii which shall take effect on 1 January 2013, and shall be subject to periodic review.
3. In these Rules the expression:
   1. “the Act” shall mean the Architects Act 1997 (as amended); and
   2. “the Directive” shall mean Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications; and
   3. “Part 1 Registrant” shall mean a person registered in Part 1 of the Register.
4. The Interpretation Act 1978 shall apply for the purpose of interpretation of these Rules as it applies for the purpose of interpretation of an Act of Parliament.

5. Meetings and Proceedings of the Board

   1. Pursuant to paragraph 10 of Part I of the First Schedule of the Act, the following Rules shall apply to meetings of the Board.
      1. ordinary meetings of the Board shall be held at intervals of no greater than four months;
      2. A special meeting of the Board for a specified purpose may be held if called by the Registrar, where the Registrar believes it is appropriate to do so, or following a written request by at least five members of the Board or the Chair.
      3. By the end of each calendar year, the Registrar shall publish a schedule of meetings, approved by the Board for the following year. The Board may amend the Schedule at any time and if it does so, the Registrar shall publish an amended schedule as soon as practicable.
      4. At least five days' notice (or such lesser notice as the Registrar exceptionally considers reasonable in the circumstances) shall be given to all Board members for a special meeting.

   2. The Agenda

      1. The agenda will be drawn up by the Registrar or Deputy Registrar after consultation with the Chair and Vice Chair. With the permission of the Chair, a Board member may place an item on the agenda for a meeting. An application for permission need not be considered unless the proposed item and relevant supporting paper are
         submitted to the Chair and the Registrar at least 48 hours before the relevant meeting.
      2. The agenda and supporting papers shall be circulated to Board members five working days in advance of the meeting. Late papers shall be provided as soon as possible. The method of distribution will be determined by the Registrar. The agenda and papers for the open part of the Board meeting shall be available on the Board's
         website at least three days before the meeting or in the case of late papers, as soon as available after circulation to the Board.

      3. Quorum

         If a quorum (as specified in paragraph 9 of Part I of the First Schedule of the Act) is not present at the start of the time appointed for the meeting, that meeting shall nonetheless undertake the business before it, subject to a following quorate meeting of the Board endorsing what was done. Without prejudice to the requirement for a quorum to be actually present, the Chair may permit Board members to participate in meetings and vote by way of telephone and/or video conference where it is in the interests of the effective conduct of the Board's business to do so.

      4. Smooth Running of the Meeting

         It will be the responsibility of the Chair of the Board or the Vice Chair if presiding to:
         • decide on the order in which the Board members will speak, ensuring that adequate views are sought to make decisions and that members are given the opportunity to speak;
         • determine which matters are or are not relevant to the business of the meeting;
         • determine whether a vote is required;
         • ensure the orderly conduct of business;
         • adjourn the meeting if necessary and determine the appropriate period for adjournment.
      5. The order of business shall follow the agenda issued unless otherwise directed by the Chair.
      6. Where it is appropriate to do so the Board may decide to accept items in addition to those included within the agenda if such additional business is proposed to be included by the Chair. The order of calling motions and amendments and items of business shall be as directed by the Chair to promote the effective and timely dispatch of business.
      7. Every proposal requiring a vote shall be moved and seconded, and the names of the mover and seconder shall be recorded in the minutes.
      8. Every amendment shall be relevant to the proposal for a vote on which it is moved.
      9. Members of the Board speaking to a proposal or amendment shall direct their speeches directly to the proposal or amendments under discussion.
      10. The order of voting on proposals and amendments shall be as decided by the Chair with a view to best reflecting the intentions of the Board.
      11. The Registrar (or Deputy Registrar, if the Registrar is unavailable) shall attend all Board meetings and may address the Board on any item. The Registrar (or Deputy Registrar) may be asked to withdraw for individual agenda items by the Chair. Members of staff may be invited to address the Board.

      12. Voting

          In the case of an equal number of votes, the Chair (or Vice Chair in the absence of the Chair) shall have a second or casting vote.

      13. Rescinding of Resolutions

          No motion to alter or rescind a resolution which has been passed by the Board within the preceding six months shall be accepted by the Chair for inclusion within the agenda unless the notice includes, in addition to the name of the member who proposes the motion, the names of three other members in support of the motion.

   3. Minutes of the Board

      1. The minutes of all Board meetings shall include: the names of every Board member present and of any other person participating in the meeting; apologies tendered by any Board member; any declaration of interest; and the withdrawal from the meeting of any Board member on account of a conflict of interest. The Minutes shall be limited to a brief summary of the reasons for any decision in relation to a vote which has been taken.
      2. Following each meeting, draft minutes will be circulated to all Board members for their comments.

      The result of any resolution decided in this way is to be notified to all Board or Committee members thereafter, as the case might be.

   4. Resolutions made outside Meetings

      The Board or any Committee of the Board which the Board has established to discharge functions, may pass a resolution other than at a meeting of the Board or the Committee if:
      1. the Chair and/or Vice Chair (or in the case of a Committee, the Chair of that Committee) shall have approved the proposed motion as appropriate for consideration without a meeting, and shall have set out the time within which a decision is required; and
      2. the motion and relevant papers, if any, have been sent by post, fax, email or hand delivery to all Board or Committee members as the case might be by the Registrar; and
      3. the result of any resolution decided in this way is to be notified to all Board or Committee members thereafter, as the case might be.

   5. Board and Committee Members' Expenses

      Pursuant to paragraph 23 of Part IV of the First Schedule of the Act, members of the Board, the Professional Conduct Committee or any other Committee established by the Board, may claim an allowance for attendance at meetings of the Board or its Committees, and for travel and subsistence expenses at the prevailing rates agreed and published by the Board annually. All payments for Board member attendance allowance and expenses will be published by ARB on its website.

   6. Delegated Authority

      Except to the extent of a Board decision to the contrary, the Registrar (as Chief Executive), the Chair and other officers shall (so far as is permitted by law) have such delegated authority to act on behalf of the Board in implementing its policies:
      1. as may be expressly given by the Board; or
      2. as is desirable or necessary for the efficient operation of the Board's activities; or
      3. as relates to matters customarily delegated to such persons.
   7. Where the functions of the Board as a competent authority under the Directive are exercised by the Registrar, he or she shall exercise them on behalf of the Board.

6. Elections - Architects

   1. Persons wishing to stand for election must be nominated by 10 Part 1 Registrants. The nomination papers must be returned to the person designated as Returning Officer by the Board at the address specified in the election notice by noon on the tenth day of January in an election year.
   2. A candidate standing for election shall be permitted to provide an election statement which shall be circulated to all Part 1 Registrants entitled to vote. The statement shall not exceed 250 words.
   3. Notice of election shall be announced by the last working day of October in the year preceding the election.
   4. Ballot material shall be dispatched to all Part 1 Registrants by 1 February in the year of the election. Ballot papers shall be returned by noon on 1 March in that year.
   5. The election shall take place by the single transferable vote system.
   6. Each elected member of the Board shall serve for a three year period of office which shall commence on the first day of April immediately following the announcement of the result of the election at which that member was declared to be elected, and which shall end on the last day of March three years following commencement.

7. Election of Chair and Vice Chair

   1. Members of the Board shall elect a Chair and Vice Chair from amongst themselves.
   2. The Vice Chair shall act as Chair in the event of a vacancy in the office of Chair and at any meeting of the Board from which the Chair is absent. In the absence of both a Chair and Vice Chair, the Board may appoint a temporary acting Chair either until an appointment or election can take place in accordance with these Rules or such shorter period as the Board may resolve.
   3. The Board shall hold an election for the offices of Chair and Vice Chair after 1 April but before 15 July every year ('the Periodic Election') in accordance with Rule
   4. A person elected or appointed as Chair or Vice Chair shall hold office until:
      1. that person resigns; or
      2. that person is removed by a resolution of the Board; or
      3. the election of a replacement at the next Periodic Election; or
      4. (in the case of the Vice Chair) that person becomes Chair; or
      5. that person ceases to be a member of the Board.
   5. In the event of a vacancy in either office (other than by reason of the Periodic Election referred to in Rule 7iii) the Board shall decide whether to appoint a Board member to fill the vacancy or to hold a special election. If an appointment is to be made, it shall be by resolution of the Board at the earliest opportunity. If a special election is to be held, it
      shall take place as soon as practicable in accordance with the provisions of Rule 7vi.

   6. Periodic and Special Elections

      1. Elections under this Rule shall be conducted by the Registrar and be by way of a secret ballot. The Registrar shall provide the Board with an election timetable identifying the nomination and election dates.
      2. Persons wishing to stand for election must be nominated in writing by two members of the Board. Those nominations must be received, together with the signed written consent of the candidate to serve, by the Registrar not later than 5pm on the day which is 12 clear days prior to the election, not counting the day of the election or day of receipt.
      3. Once nominations have closed, the Registrar will make public the candidates and those nominating them.
      4. Candidates for election may, if they wish, provide the Registrar with a written statement of not more than 250 words prior to the deadline for the nomination in 7vi.b above. The Registrar will circulate the statement (or the first 250 words of it) with the voting papers to members of the Board within seven days of the closure of nominations. Members of the Board, including candidates, may not make public statements relating to the election.
      5. In the event of a tied vote, the existing or acting Chair shall have the casting vote exercised by written notice to the Registrar.
      6. If any candidate is alleged to have breached these Rules, the matter shall be investigated under the terms of the Board Members' Handbook which may lead to the candidate's removal from the Board under Rule 8iii of the General Rules. In the event that the Board is satisfied that a material irregularity has taken place, it may direct that a further election be held.
      7. Following the election, the Registrar will provide members of the Board with the numbers of votes cast for each candidate, together with abstentions, on a confidential basis and will make public the names of those elected.

8. Removal of Board Members

   1. Pursuant to paragraph 4(3) of Part I of the First Schedule of the Act, the grounds on which any member of the Board may be removed, and the procedure for removal, are as set out in this Rule.
   2. A Board member may be removed by a majority vote of the Board in the event that:
      1. the individual is absent (without permission of the Board) from three consecutive meetings of the Board; or
      2. a Board member is likely to be absent from the Board and/or Committee meetings for a period exceeding six months; or
      3. the individual is an elected member who has ceased to be a Part 1 Registrant; or
      4. the individual is an elected member who has been found guilty by the PCC of unacceptable professional conduct or serious professional incompetence.
   3. A Board member may be removed by a majority vote of the Board in the event that they (in the reasonable opinion of the Board):
      1. are, having considered all reasonable adjustments, incapable of discharging their responsibilities as a Board member by reason of physical or mental illness; or
      2. have materially failed to discharge (or have breached) their duty as a Board member; or
      3. are unfit by reason of misconduct (either as a Board member or otherwise) to continue as a member of the Board; or
      4. have unreasonably conducted themself so as materially to obstruct the proper and efficient discharge by the Board of its statutory duties; and for the avoidance of doubt, the Board may, in considering the application of these grounds, take into account any facts or matters whether occurring before or after these Rules come into force.
   4. No resolution for the removal of a Board member shall be passed unless:
      1. written notice of the intention to move the resolution with particulars of the grounds relied upon shall have been given to the Board member not less than 21 days prior to the relevant meeting of the Board; and
      2. the Board member shall have been invited by the Registrar to provide written representations for circulation to all members, such representations to be provided within 14 days of the notice referred to in sub-paragraph 8iv.a; and
      3. the Board member shall have been provided with a reasonable opportunity to make oral representations to the Board.
   5. A Board member to whom such a resolution applies ceases to be a member for all purposes immediately the resolution is passed, and a new member shall be appointed pursuant to the provisions of paragraph 6 of Part I of Schedule 1 of the Act.
   6. A majority vote for the purpose of this Rule shall mean a majority of Board members voting disregarding abstentions.

9. Common Seal

   For the purposes of paragraph 12 of Part I of the First Schedule of the Act, the Common Seal of the Board shall be authenticated by being affixed only at the direction of the Board, by a member of the Board or the Registrar, and attested by the signatures of the person who affixed it and another person who is either:
   • a member of the Board; or

   • a member of the Board's staff.

10. Committees

    For the purposes of paragraph 21 of Part III of the First Schedule of the Act, in respect of Committees established by the Board (excluding the Professional Conduct Committee established by Statute):
    1. the term of office of members appointed to a Committee shall be as determined by the Board for that Committee;
    2. where a Board member ceases to be a member of the Board, they shall immediately cease to be a member of any Committee to which they have been appointed by the Board;
    3. the Board shall appoint a Chair of each Committee from among its members to preside at meetings, unless the Board determines that the Committee may appoint its own Chair, and in the event of a tie, he or she shall have an additional casting vote;
    4. save as otherwise provided by Statute or Rules, the quorum for any meeting of the Committee shall be not less than half the number of members of that Committee, but the Board may determine a greater quorum;
    5. a casual vacancy arising on the Committee shall be filled by the Board;
    6. a Committee shall regulate its proceedings as far as possible in accordance with these Rules in respect of the smooth running of the meeting, voting and minutes, save that reference to the Chair shall refer to the Chair of the Committee. Committees shall determine the times, dates and place of their meetings;
    7. every Committee established by the Board shall report its proceedings in writing to the Board;
    8. a Board member may attend the meetings of any Committee of which they are not a member as an observer, provided their attendance is in the interests of furthering the Board's work and the Chair of the Committee is notified in advance. Observers shall have no right to speak at the meeting, nor can they claim an attendance allowance or expenses;
    9. the Terms of Reference of each Committee shall be decided by the Board, and reviewed by both the relevant Committee and the Board as directed by the relevant Chair.

11. Application for Registration

    Every applicant for registration/re-joining the Register shall complete the Board's relevant form of application or declaration and supply the documentary evidence required by the Board as appropriate to the section of the Act upon which the application is based.

12. The period prescribed in accordance with Section 9 (2) of the Act shall be 28 days.

13. The qualifications and practical experience prescribed by the Board pursuant to Section 4(1)(a) of the Act are that the person:
    1. holds qualifications listed in Schedule 1 of the Rules at Part 1, Part 2 and Part 3 (or which were prescribed at the date conferred on the applicant); and
    2. has recently completed a minimum of 24 months' practical experience under the direct supervision of a professional working in the construction industry which should include at least 12 months working in the EEA, Channel Islands or the Isle of Man, under the direct supervision of an architect.

    For the purpose of this Rule:

    • “months”
      these will be calendar months of full time working (at least 20 hours a week). Reasonable time off for holidays and illness may be included in this period. (Where the work is less than 20 hours per week, applicants will be expected to complete a commensurately longer period of experience.)
    • “practical experience”
      experience which consists of activities which would typically be undertaken by an architect in practice. (The Part 3 Criteria are helpful in setting out, in broad terms, some of the activities which are likely to be required to be undertaken.)
    • “recently”
      at least 12 of the 24 months’ experience should have been undertaken in the two years immediately before taking the Part 3 exam.
    • “direct supervision”
      the person supervising should have responsibility for and control over the work being undertaken.  
    • “professional working in the construction industry”
      will be an architect registered in the territory where the experience is being undertaken, or a chartered or similarly qualified member of an appropriate professional body. The 'construction industry' will include qualified professionals typically involved in the procurement, design and management of the built environment.
14. The examination in architecture prescribed by the Board pursuant to Section 4(2) of the Act (for determining competence pursuant to Section 4(1)(b) of the Act) shall be one or more of the following:
    1. an examination conducted by the Board or a Committee established by the Board;
    2. an examination in any subject area(s) nominated by the Board at final level conducted by a school of architecture which awards a prescribed qualification;
    3. any other examination which the Board may approve for this purpose;
    4. any oral or written examination carried out under such procedures as the Board may establish.

15. Application for Registration - Fees

    The amounts payable as fees under sections 6(1), 6(2), 6(2A) and 6(A2) of the Act and the method of payment shall be as determined by the Board from time to time. The amounts of the fees shall be published by the Board on its website and shall be available upon application.

16. For the purposes of Section 8(1) of the Act, the retention fee shall be determined by the Board, and if there is any change to the fee, it will be notified and circulated appropriately to architects in the October preceding the year in which a change takes place.

17. For the purposes of Section 8(2) of the Act, the prescribed period will be 60 days after the sending of the written demand.

18. For the purposes of Section 8(3) of the Act, re-entry to the Register following removal for non-payment of the retention fee shall be subject to payment of the retention fee and a further fee as determined by the Board.

    The Registrar may, at their discretion, waive the whole or part of the further fee after consideration of the circumstances affecting any particular case.

19. Any Registered Person who requests the removal of their name from the Register pursuant to Section 3(3) of the Act, shall apply in writing stating the grounds on which the application is made. Any Registered Person who requests the removal of their name from Register will not be entitled to have their annual retention fee (or part thereof) refunded. Removal may be deferred where allegations of unacceptable professional conduct or serious professional incompetence are outstanding.

20. Re-entry to the Register

    Any person who falls within the categories described in Section 9(1)(a), (b) or (c) of the Act and who is engaged in the practice of architecture must have gained such recent practical experience as prescribed by the Board.

    The prescribed practical experience for the purposes of this Rule shall be that they have undertaken activities in the practice of architecture, during the period of two years immediately prior to the application, as are sufficient in the opinion of the Board to maintain their competence to practise in accordance with the Board's guidelines which shall be published from time to time.

    Where the Board is not satisfied that a person has gained such recent practical experience, they may be required to satisfy the Board of their competence to practise in such manner as the Board may require.

21. The prescribed period for the purposes of Section 9 (2) of the Act shall be 28 days.
22. The prescribed period for the purposes of Section 18(2)(b) of the Act shall be one year unless otherwise directed by the Board.
23. The prescribed period for the purposes of Section 18 (3) of the Act shall be 28 days.
24. In relation to any person applying for re-entry to the Register following removal under Section 11 of the Act, the Registrar may waive or vary:
    1. the requirements of Rule 11; or
    2. any procedures operated by the Board to establish an applicant's standard of competence for the purposes of Section 4(1)(b) of the Act.

    Applicants will be required to complete an application form and pay any applicable fees as determined by the Board.

25. Bodies Corporate, Firms and Partnerships

    Section 20(3) of the Act shall not be applied to any body corporate, firm or partnership unless it has provided to the Registrar (on behalf of the Board) the following current information:
    1. the practising name and address of the body corporate, firm or partnership;
    2. the names and addresses of the relevant Registered Persons and the addresses of the business premises at which they are in full time attendance;
    3. the address of any other premises at which business is conducted by the body corporate, firm or partnership;
    4. certification by a Registered Person that all work, so far as it relates to architecture, undertaken at any premises of the body corporate, firm or partnership is under the control and management of a Registered Person.