ARCHITECTS REGISTRATION BOARD

THE PROFESSIONAL CONDUCT COMMITTEE

HELD AT

CLIFFORDS INN CONFERENCE CENTRE
CLIFFORDS INN
FETTER LANE
LONDON EC4A 1LD

ON

WEDNESDAY 18 OCTOBER 2006

- - - - - - - - - - -

Chairman: Ms Angela Deacon
PCC Member: Mr Donald Hutchinson
PCC Member: Ms Linda Read

- - - - - - - - - - -

IN THE MATTER OF
MR JOHN LEWIS (042391B)

- - - - - - - - - - -

MR STEPHEN BATTERSBY – Clerk to the Committee

MR JOHN WILLIAMS OF BANKSIDE LAW appeared as the Board’s Solicitor

MR JOHN LEWIS attended the Hearing but was not represented

- - - - - - - - - - -

(Transcribed by Harry Counsell & Co
Cliffords Inn, Fetter Lane, London EC4A 1LD
Telephone 020 7269 0370
Facsimile 020 7831 2526)

- - - - - - - - - - -

DECISION 

THE CHAIRMAN: Mr Lewis, we’ve reached a decision, and I will read it out to you.
                   The Committee has considered the one remaining charge, 1C, that you failed to handle correspondence from the Board concerning compliance promptly and appropriately and within the time limits referred to in Standard 12.4, the Architects Registration Board, Architects Standards of Code and Practice, November 2002.
                   The facts of the case are not disputed in that you accept that you deliberately failed to reply to the letters of 25 April 2006, 22 May 2006, 9 June 2006 and 27 June 2006 from the Architects Registration Board.
                   The Committee considers that your letter of 4 July 2006 was in principal to notify the registrar of your change of professional status and business address and not in response to the aforementioned letters.
                   The decision of the Committee is based purely on the Architects Act 1997, which states in section 13 that the Board shall issue a code laying down standards of professional conduct and practice of registered persons.  This gives the Code statutory authority.
                   The last paragraph of Standard 12 of the Code states, “All correspondence with the Architects Registration Board concerning complaints and/or compliance with the code will where possible be handled within the same time limits as shown above unless otherwise instructed by the Board.”  It was possible for you to comply with the time limits as you did receive the letters.  Every assistance was given to you to reply.  For example, a return prepaid envelope was sent with the letter of 25 April from the Acting Registrar together with a further Statement of Compliance.  And the Board did not instruct otherwise.
                   The Committee acknowledge that in accordance with Section 13.4 of the Architects Act 1997, failure by registered persons to comply with the provisions of the Code shall not be taken of itself to constitute unacceptable professional conduct or serious professional incompetence on his part, but shall be taken into account in any proceedings against him under Section 14 of the Act.
                   It is disappointing that you are again before the Professional Conduct Committee for failure to reply to correspondence from the Architects Registration Board in less than a year.
                   We note that your actions are motivated by your beliefs that the Architects Registration Board’s correspondence with you was irrelevant and of low priority.  But the Committee takes a serious view that registered architects should reply to their regulatory body.  We thus find you guilty of the remaining charge 1C, and we impose a fine of £500.  And that is our unanimous decision, Mr Lewis.