Architects (Registration) Acts 1931 to 1938

Last updated

Architects (Registration) Act 1931
Act of Parliament
Coat of arms of the United Kingdom (1901-1952).svg
Long title An Act to provide for the Registration of architects and for purposes connected therewith.
Citation 21 & 22 Geo. 5. c. 33
Dates
Royal assent 31 July 1931
Other legislation
Repealed by Architects Act 1997
Status: Repealed
Text of statute as originally enacted
Architects (Registration) Act 1934
Act of Parliament
Coat of arms of the United Kingdom (1901-1952).svg
Long title An Act to amend the Architects (Registration) Act, 1931.
Citation 24 & 25 Geo. 5. c. 38
Dates
Royal assent 25 July 1934
Architects Registration Act 1938
Act of Parliament
Coat of arms of the United Kingdom (1901-1952).svg
Long title An Act to restrict the use of the name Architect to Registered Architects and to extend the time within which practising architects may apply for registration.
Citation 1 & 2 Geo. 6. c. 54
Dates
Royal assent 29 July 1938
Other legislation
Repealed by Architects Act 1997
Status: Repealed
Text of statute as originally enacted
Architects (Registration) Act, 1931 1931 Act ed.jpg
Architects (Registration) Act, 1931

The Architects (Registration) Acts, 1931 to 1938 is the statutory citation for three Acts of the United Kingdom Parliament, namely:

Contents

These acts have been amended and have been replaced as amended by the Architects Act 1997, [3] with effect from 21 July 1997.

From ARCUK in 1931 to ARB in 1997

Extent and citation of the Acts

By subsection 18(1), the originating act of 1931 was to come into operation on 1 January 1932, save as otherwise provided in the Act; and by subsection 18(2), it was to extend to Northern Ireland only if an Order in Council was made to that effect. On the 1938 Act coming into force, the 1931 act was to be construed as one with the Architects (Registration) Act 1934 and the Architects Registration Act 1938; those three Acts could be cited together as the Architects (Registration) Acts, 1931 to 1938; and in the 1938 Act the expression "principal Act" meant the Architects (Registration) Act, 1931.

Formation and duties of ARCUK

The Architects (Registration) Acts 1931 to 1938 required the Architects' Registration Council of the United Kingdom (ARCUK) ("the Council") to set up, maintain and publish annually a register, in the manner prescribed by the Acts.

By subsection 3(1) of the 1931 Act the council was to be a body corporate by the name of the Architects' Registration Council of the United Kingdom, and it was expressed to be established for the purposes of the Act.

Architects Act 1997

The governing act for the keeping and publication of the Register in the prescribed manner is now the Architects Act 1997. Its long title is:

An Act to consolidate the enactments relating to architects.

Amendments which had been made by Part III of the Housing Grants, Construction and Regeneration Act 1996 [4] included (subsection 118(1)) renaming the Architects' Registration Council of the United Kingdom (ARCUK) as the Architects Registration Board (ARB). The 1996 Act also enacted the abolition of the statutory Board of Architectural Education (subsection 118(2)).

The effect of the 1996 Act was to repeal part of the Architects (Registration) Acts 1931 to 1938 as then amended, and to amend and add to other parts. Those Acts, as amended by the 1996 Act, were then repealed by the consolidation Act of 1997, which thereafter became the governing Act.

Subsection 13(1) of the Architects (Registration) Act 1931 had conferred on the council (ARCUK) a limited power to make regulations to prescribe anything which by the Act was specifically required or authorised to be prescribed (such as, the annual retention fee or regulating meetings and procedure of the Council) and "generally for carrying out or facilitating the purposes of the Act". But under subsection 13(2) any such regulations would have no force or validity unless previously approved by the Privy Council in the manner prescribed by section 13.

The board now has limited powers under the Architects Act 1997 to make rules in the manner prescribed by the Act, but not to make regulations. This has not stopped the board using the word "regulation" in ways which appear to be at some variance with the contemporary usage of Parliament as the legislator, or with the usage of persons or bodies practising in the regulatory field as commonly understood, such as: "regulation of the use of title" and "regulation of all aspects relating to the conduct and discipline of architects". These are certainly more than overstatements of the very limited powers for which the board was actually reconstituted under the 1996/1997 legislation, which gave the board no power over architects or the supply of architectural services as such, and where the restraint on the use of title is in fact prescribed by the legislation and not delegated to the board, whose main function under the Architects Act 1997 is no more than to maintain and publish the Register of Architects in the manner prescribed by the Act, its other functions being ancillary to that function, which in turn is for the purpose of enabling prosecutors and courts to ascertain whether a person is liable to conviction for infringement of the restriction on the use of "architect".[ citation needed ][ original research? ]

EU directives and qualifications

It can be inferred that some risk of conceptual confusion about regulation has resulted from an apparent need to let the native language accommodate terms derived from the habitual idiom of directives and other documents issued by the European Union, formerly known as the European Economic Community, including Directive 85/384/EEC, [5] referred to in the Architects Act 1997 in connection with the recognition of qualifications acquired in an EEA (European Economic Area) state. The directive of 10 June 1985 was headed "on the mutual recognition of diplomas, certificates and other evidence of formal qualifications in architecture, including measures to facilitate the effective exercise of the right of establishment and freedom to provide services".

The legitimate purposes of the European Union include

"the abolition, as between Member States, of obstacles to the free movement of persons and services".

This has been regularly recited in EU directives, such as 2005/36/EC [6] of 7 September 2005 "on recognition of professional qualifications". That abolishing of obstacles has brought in its train a series of directives by which the EEC/EC/EU had been carrying out its functions vis-à-vis member states in connection with the mutual recognition of the qualifications of architects and certain other professions. It was pursuant to those directives that a person from one member state (or certain other states) wishing to practise in another might be required to produce a certificate of qualification; and that in the United Kingdom, the Architects Registration Board has been acting as the "Competent Authority" in respect of architects.

Revised arrangements were introduced in June 2008, pursuant to EU Directive 2005/36/EC. This Directive defines "competent authority" among other things as a body empowered by a Member State specifically to receive the applications and to take the decisions referred to in the Directive; and "regulated profession" as a professional activity one of the modes of pursuit of which is subject by virtue of legislative provision to the possession of specific professional qualifications.

From grant, 1932 to denial of right, 1942

The statutory Register of Architects

By subsection 3(3) of the originating Act of 1931 the statutory register was to be called the Register of Registered Architects. This was changed to the Register of Architects by subsection 3(3) of the 1938 Act, with effect from 1 August 1940. The name the Register of Architects has continued unchanged, and remains so under the Architects Act 1997.

"...take and use..."

The long title of the 1931 Act was:

An Act to provide for the Registration of architects and for purposes connected therewith.

and under section 10 persons who were entitled to apply for registration could thereby claim "to take and use the name or title 'Registered Architect' ", as a statutory right, with effect from 1932. [n 1]

Penal restriction

That was radically altered by the 1938 Act, as its long title indicates:

An Act to restrict the use of the name Architect to Registered Architects and to extend the time within which practising architects may apply for registration.

Among other things, by section 1 of the 1938 Act, with effect from 1 August 1940, section 10 of the 1931 Act would be replaced by subsection 1(1) of the 1938 Act. The effect of this was that, instead of allowing qualified persons to use a statutory title if they chose to apply for it, restrictions on the use of the vernacular word "architect" were introduced which were to apply to all persons, including fully qualified practising members of the Royal Institute of British Architects or other chartered bodies, or societies or associations, of architects; and this innovation was imposed under threat of penalty on prosecution in the magistrates' courts.

When the Warne Report [7] was published in 1993, it was found that its principal recommendation was abolition of protection of the title "architect" and the disbanding of ARCUK. Instead, [8] the Council has been reconstituted and renamed as the Architects Registration Board and now operates under the Architects Act 1997.

Notes

  1. Accordingly, in H.B.Creswell's Essay in Building Arbitration (Jago v. Swillerton & Toomer Architectural Press) first published in 1931, the witness Groag could be described as "Surveyor and Registered Architect".

Related Research Articles

<span class="mw-page-title-main">Directive (European Union)</span> Legislative act of the European Union

A directive is a legal act of the European Union that requires member states to achieve particular goals without dictating how the member states achieve those goals. A directive's goals have to be made the goals of one or more new or changed national laws by the member states before this legislation applies to individuals residing in the member states. Directives normally leave member states with a certain amount of leeway as to the exact rules to be adopted. Directives can be adopted by means of a variety of legislative procedures depending on their subject matter.

<span class="mw-page-title-main">Safety data sheet</span> Sheet listing work-related hazards

A safety data sheet (SDS), material safety data sheet (MSDS), or product safety data sheet (PSDS) is a document that lists information relating to occupational safety and health for the use of various substances and products. SDSs are a widely used system for cataloguing information on chemicals, chemical compounds,chemical mixtures. SDS information may include instructions for the safe use and potential hazards associated with a particular material or product, along with spill-handling procedures. The older MSDS formats could vary from source to source within a country depending on national requirements; however, the newer SDS format is internationally standardized.

<span class="mw-page-title-main">Architects Registration Board</span>

The Architects Registration Board (ARB) is the statutory body for the registration of architects in the United Kingdom. It operates under the Architects Act 1997 as amended, a consolidating Act. It began under the Architects (Registration) Act 1931 which gave it the name the Architects' Registration Council of the United Kingdom (ARCUK). It prescribes architectural qualifications, maintains the Register of Architects, issues a code of professional conduct and competence and imposes sanctions if a finding of unacceptable professional conduct or serious professional incompetence is made against an architect. Its main source of income is fees payable under Part II of the Act by persons on their becoming registered or for their retention on the Register. The board is required to pay into the Consolidated Fund of the United Kingdom any sum paid under a penalty order which its Professional Conduct Committee has made under Part III of the Act. Fines imposed by a magistrates' court under Part IV of the Act are not payable to the board.

Publication right is a type of copyright granted to the publisher who first publishes a previously unpublished work after that work's original copyright has expired. It is in almost all respects the same as standard copyright, but excludes moral rights. Publication right is mainly found in the law of European countries and has no direct correspondence in US copyright law. Within the European Union, not all countries originally had such a right, and where it was provided terms varied, but in 1993 national laws were required to be harmonized by EU Directive 93/98/EEC to provide standard period of protection of 25 years from first publication.

The Board of Architectural Education is no longer appointed. It had been a statutory body in the United Kingdom constituted under section 5 of the Architects (Registration) Act, 1931.

For the purposes of the statutory Board of Architectural Education, the Schools of Architecture were those listed in the second schedule to the Architects (Registration) Act 1931. The 1931 act had required the Board of Architectural Education to be appointed annually by the Architects' Registration Council of the United Kingdom (ARCUK). The board was to be constituted in accordance with the Second Schedule to the Act. This included a list of twenty Schools, from the Liverpool School of Architecture to the School of Architecture of the Architectural Association London.

Under an Act passed by the UK Parliament in 1931, there was established an Architects' Registration Council of the United Kingdom (ARCUK), referred to in the Act as "the Council". The constitution of the Council was prescribed by the First Schedule to the Act. The Act made the Council a body corporate by the name Architects' Registration Council of the United Kingdom. It was habitually referred to colloquially by the acronym ARCUK.

"Reform of Architects Registration" was the title of a UK government consultation paper dated 19 July 1994 which was issued by the Department of the Environment. The introduction stated that in October 1993 the Government had announced that the profession and others would be consulted about measures which could be taken to simplify the then arrangements for the registration of architects under the Architects Registration Acts, and that broad agreement on what those measures would be had been reached with the Architects' Registration Council of the United Kingdom (ARCUK) and the Royal Institute of British Architects (RIBA). Eventually, Parliament made certain changes to the Architects Registration Acts which now have effect under the Architects Act 1997.

<span class="mw-page-title-main">Architects Act 1997</span> United Kingdom legislation

The Architects Act 1997 is the consolidating Act of the Parliament of the United Kingdom for the keeping and publishing of the statutory Register of Architects by the Architects Registration Board. It has the long title: An Act to consolidate the enactments relating to architects. It consolidated two Acts of the 1930s as later amended both by primary legislation and by Orders in Council implementing the EC directive on architects providing for the recognition of architects qualified in other EC states, and the changes which had been made by Part III of the Housing Grants, Construction and Regeneration Act 1996.

The Society of Architects was formed in 1834 and continued until 1925. At that time Fellows and Associates comprised two distinct classes of membership of the Royal Institute of British Architects (RIBA). They were respectively entitled to use the post-nominal affix "FRIBA" or "ARIBA". The formation of the Society of Architects was a result of a campaign by a group of associates to be allowed to vote on the affairs of the Institute which the Fellowship class had resisted.

From 1932 there has been a statutory Register of Architects under legislation of the United Kingdom Parliament originally enacted in 1931. The originating Act contained ancillary provisions for entering an architect’s name in the register and removing a name from it which later legislation has amended. The 1931 Act gave it the name “the Register of Registered Architects”, but by an Act of 1938 the name was changed to “the Register of Architects”.

After nearly a century of endeavour and negotiation which had been led by the Royal Institute of British Architects, a statutory Board of Architectural Education was formed under the Architects (Registration) Act 1931. For the purposes of constituting the Board of Architectural Education the Act included a list of Schools of Architecture in the United Kingdom. The statutory Board was abolished in the 1990s, and when the Architects Act 1997 repealed the 1931 Act the statutory list of Schools of Architecture went with it.

The Association of International Accountants (AIA) is a professional accountancy body. It was founded in the UK in 1928 and since that date has promoted the concept of ‘international accounting’ to create a global network of accountants in over 85 countries worldwide.

<span class="mw-page-title-main">Architects (Recognition of European Qualifications etc and Saving and Transitional Provision) Regulations 2008</span> United Kingdom legislation

The Architects Act 1997 was amended in 2008 by a statutory instrument made by a minister of the United Kingdom government under the European Communities Act 1972. This was the Architects Regulations 2008, which came into force on 20 June 2008. An Explanatory Memorandum was issued with the Regulations and a fuller Explanatory Memorandum presented to Parliament.

In the United Kingdom, the Architects Act 1997 imposes restrictions on the use of the name, style or title "architect" in connection with a business or a professional practice, and for that purpose requires a statutory Register of Architects to be maintained. The Architects Registration Board constituted under the Act is responsible for Architects Registration in the United Kingdom and is required to publish the current version of the Register annually. Every person who is entitled to be registered under the Act has the right to be entered in the register. The act consolidated previous enactments originating with the Architects (Registration) Act 1931 as amended by the Architects Registration Act 1938. It applies to England, Wales, Scotland and Northern Ireland.

<span class="mw-page-title-main">European organisational law</span> Aspect of EU law

European organisational law is a part of European Union law, which concerns the formation, operation and insolvency of public bodies, partnerships, corporations and foundations in the entire European Union. There is no substantive European company law as such, although a host of minimum standards are applicable to companies throughout the European Union. All member states continue to operate separate companies acts, which are amended from time to time to comply with EU Directives and Regulations. There is, however, also the option of businesses to incorporate as a Societas Europaea (SE), which allows a company to operate across all member states.

<span class="mw-page-title-main">Council of Architecture</span>

The Council of Architecture is a statutory body constituted by the Government of India under the provisions of the Architects Act, 1972, enacted by the Parliament of India, which came into force on 1 September 1972.

<span class="mw-page-title-main">European company law</span>

European company law is the part of European Union law which concerns the formation, operation and insolvency of companies in the European Union. The EU creates minimum standards for companies throughout the EU, and has its own corporate forms. All member states continue to operate separate companies acts, which are amended from time to time to comply with EU Directives and Regulations. There is, however, also the option of businesses to incorporate as a Societas Europaea (SE), which allows a company to operate across all member states.

A custom-made medical device, commonly referred to as a custom-made device (CMD) or a custom device, is a medical device designed and manufactured for the sole use of a particular patient. Examples of custom-made medical devices include auricular splints, dentures, orthodontic appliances, orthotics and prostheses.

References

  1. 21 & 22 Geo. 5. CH.33
  2. 1 & 2 Geo. 6. CH 54
  3. Chapter 22
  4. 1996 Chapter 53 [ permanent dead link ]
  5. 31985L0384
  6. L255/22 30.0.2005
  7. HMSO, 1993
  8. Hansard HC 17 Jun 2002 vol. 387 Part No. 159

See also

EU "Sectoral Directives"