THE ARCHITECTS REGISTRATION BOARD

PROFESSIONAL CONDUCT COMMITTEE

Held at

The Cliffords Inn Conference Centre
Cliffords Inn , Fetter Lane , London EC4A 1LD

on

Thursday, 7th April 2005

Present

MR PETER VERDIN
(In the Chair)

MR JOHN SPENCELEY
MS BARBARA SAUNDERS

MR STEPHEN BATTERSBY
(Clerk to the Tribunal)

MR SIMON HOWARD
(ARB)

MR PETER CADMAN (of Messrs. Russell Cooke) appeared as
Solicitor Complainant.

MR SIMMS was not present and was not represented.

IN THE MATTER OF
JOHN SIMMS
Registration No 042853A

Transcript from a Tape Recording by Harry Counsell & Co.
(Incorporating Cliffords Inn Conference Centre)
Clifford's Inn , Fetter Lane , London EC4A 1LD
Telephone: 020 7269 0370
Fax: 020 7831 2526

DECISION

THE CHAIRMAN: We are now dealing with the case of John Simms. We adjourned this case last time because we found that Mr Simms had been guilty of professional misconduct and we were considering erasure from the register.

We adjourned the matter to allow him to make representations to us and Mr Simms has written us a letter in which he makes two points. The first point is that failure to comply with the provisions of the code is not in itself unacceptable professional conduct or serious professional incompetence.

This is a point which the Board readily accept. I have pointed out in other cases that the Committee has to have regard to standards laid down by the Board. We treat them in a similar way, by analogy, to the Highway Code and that point is one which has gone to the previous hearing and not to the question of suspension, and we see no reason to change our view from the previous hearing.

Mr Simms also challenges the make up of the committee and says it is not impartial. I merely repeat what I have said on previous cases, that the Committee is constituted in accordance with statute and I do not believe that this Committee can do anything more than that.

Mr Simms is really challenging the jurisdiction of the Committee, he does not deal with the question of penalty and we remain of the view that the appropriate penalty in this case is erasure from the register, and that will be our order in the case of Mr Simms.