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| The Standards The Standards, which should be read in conjunction with the introduction, are amplified and illustrated by notes. |
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| Conduct and Competence | |||||||
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Standard 1 |
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| 1.1 |
Architects should not make, support or collaborate in any statement, written or otherwise, which is contrary to their professional opinion, or which they know to be misleading, or unfair to others, or otherwise discreditable to the profession. |
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| 1.2 |
Architects should disclose in writing to any prospective client or employer any financial or personal business interests the existence of which, if not so declared, would or might be likely to raise a conflict of interest and doubts about their integrity. |
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| 1.3 |
Architects should, when finding that their personal or professional interests conflict with those of the client or of other relevant parties (thereby risking a breach of this Standard), either withdraw from the situation, or remove the source of conflict or obtain the agreement of the parties concerned to the continuance of the engagement. |
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| 1.4 |
Architects should not (in an architectural practice) be a partner, co-director or take up employment with an unsuitable person. Examples of unsuitable persons are: |
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| - | A person whose name has been removed from the Register of Architects by virtue of disciplinary measures. | ||||||
| - | A person disqualified from membership of a recognised professional body. | ||||||
| 1.5 |
Whenever an Architect offers, or takes part in offering, a service which combines consulting services with contracting services, the Architect should make it clear to all parties in writing that their services will not incorporate the independent functions of an Architect. |
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Standard 2 |
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| 2.1 |
The duty under this Standard arises when a contract is entered into, and continues throughout the term of the contract. The duty does not extend to architects taking part in competitions or otherwise engaging in speculative work. |
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| 2.2 |
Where professional work is carried out on behalf of an Architect by an employee or by anyone else acting under an Architect's direct control, the Architect is responsible for ensuring that such person is competent to perform the task and, if necessary, is adequately supervised. |
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| 2.3 |
A sole practitioner should have arrangements in place for the conduct of their business in the event of their death, incapacity or other absence from work. |
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Standard 3 |
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| 3.1 |
In advertising their professional services or otherwise drawing them to the attention of a potential client, Architects should not make untruthful or misleading statements. |
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| 3.2 |
Advertisements should conform, as appropriate, to the British Code of Advertising Practice and the ITC and Radio Code of Advertising Standards and Practice. |
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| 3.3 |
The business style of a practice should not be misleading. |
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| 3.4 |
Architects should ensure that the work of their office and any branch office insofar as it relates to architecture is under the control and management of an Architect and that the identity of that Architect is apparent to clients and potential clients. |
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Standard 4 |
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| 4.1 |
Architects, when acting between parties or giving advice, should exercise impartial and independent professional judgment to the best of their ability and understanding. |
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| 4.2 |
Architects should perform their work with due skill, care and diligence. |
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Standard 5 |
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| 5.1 |
Whilst Architects' primary responsibility is to their clients, they should nevertheless have due regard to their wider responsibility to conserve and enhance the quality of the environment and its natural resources. |
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Standard 6 |
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| 6.1 |
The fact that an Architect has not maintained their professional competence may count against them in the event of that competence having to be investigated. |
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Standard 7 |
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| 7.1 |
When Architects hold monies belonging to a client or third party they should arrange for its receipt to be carefully recorded and for it to be kept (where possible) in an interest-bearing account in a bank or similar institution separate from any personal or business account. |
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| 7.2 |
Such an account should be designated a "client account" and the bank or similar institution should be given written instructions that all money held in it is held as clients' money and that the bank or similar institution is not entitled to combine the account with any other account or to exercise any right of set-off or counterclaim against it. |
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| 7.3 |
Money may only be withdrawn from a client account to make a payment: |
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| a | to or on behalf of a client; or | ||||||
| b | on the client's specific written instructions (for example, in order to defray the Architect's fees). | ||||||
| 7.4 |
Unless otherwise agreed by the client, any interest (or other benefit) accruing to a client account should be paid to the client. |
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Standard 8 |
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| 8.1 |
The need for cover extends to professional work undertaken outside an Architect's main professional practice or employment and to work undertaken by employees of an Architect. |
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| 8.2 |
Employed Architects should, as far as possible, ensure that professional indemnity insurance cover or other appropriate cover is provided by their employer. |
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| 8.3 |
Without limiting an Architect's duty to maintain professional indemnity cover which is adequate and appropriate for the work the Architect is undertaking, Architects must maintain, in any event, minimum cover in accordance with the Board's guidelines on professional indemnity insurance issued from time to time, and provide such evidence in such form as the Board may require demonstrating compliance with this Standard. |
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Standard 9 |
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| 9.1 |
The following are examples of acts which may be examined in order to ascertain whether they disclose a wilful disregard by an Architect of their responsibilities or a lack of integrity, namely: |
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| - | an order of bankruptcy; | ||||||
| - | the placing into liquidation of a company of which they are a director; (other than for amalgamation or reconstruction purposes). | ||||||
| - | an accommodation with creditors; (including a voluntary arrangement). | ||||||
| - | failure to pay a judgment debt. | ||||||
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Standard 10 |
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| 10.1 |
Architects should conduct their professional work in accordance with this Code and, subject to any restrictions imposed by law or the courts, report to the Registrar any serious breach of the Code which may come to their notice. |
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| 10.2 |
Architects need not report matters widely reported in the press and should not make unreasonable or vexatious reports, bearing in mind the provisions of Standard 1. |
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| 10.3 |
Where an Architect is appointed as an arbitrator, adjudicator, mediator, conciliator or expert witness and is in receipt of privileged information the Board accepts that their duty in that role may take precedence over any requirement to report breaches of the Code to the Registrar. |
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| 10.4 |
An Architect should not (except in the circumstances described at 10.3 above) enter into a contract other than a settlement of a dispute, the terms of which would prevent any party from reporting an apparent breach of the Code by another Architect to the Registrar. |
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| 10.5 |
An Architect should report to the Registrar within 28 days if they: |
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| - | are convicted of an indictable offence or sentenced to imprisonment in respect of any offence; or | ||||||
| - | are made the subject of an order of court disqualifying them from acting as a company director; or | ||||||
| - | are made the subject of a bankruptcy order; or | ||||||
| - | are a director of a company which is wound up (other than for amalgamation or reconstruction purposes). | ||||||
| 10.6 |
Failure to make a prompt report may count against the Architect in the event of disciplinary proceedings. |
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| 10.7 |
An Architect is required to co-operate with an Investigator appointed under the Architects Act 1997. |
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| 10.8 |
Failure by an Architect to co-operate promptly and fully with enquiries by such an Investigator will count against them in the event of disciplinary proceedings and related matters before the Professional Conduct Committee. Failure to co-operate may also in itself constitute grounds for disciplinary proceedings. |
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| 10.9 |
Any threat by an Architect to bring defamation proceedings in an attempt to frustrate the investigation of a complaint by the Registrar, Investigator or Board's Solicitor, may be regarded as unacceptable professional conduct in itself and treated accordingly. |
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