Architects (Registration) Acts, 1931 to 1938
Encyclopedia
- The Architects (Registration) Act, 1931;
- The Architects (Registration) Act, 1934; and
- The Architects Registration Act, 1938.
These Acts have been amended and have been replaced as amended by the Architects Act 1997
Architects Act 1997
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...
, with effect from 21 July 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 IrelandNorthern Ireland
Northern Ireland is one of the four countries of the United Kingdom. Situated in the north-east of the island of Ireland, it shares a border with the Republic of Ireland to the south and west...
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
Architects' Registration Council of the United Kingdom
Under an Act passed by the UK Parliament in 1931, there was established an Architects' Registration Council of the United Kingdom , 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...
, 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 1997Architects Act 1997
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...
. Its long title
Long title
The long title is the formal title appearing at the head of a statute or other legislative instrument...
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
Housing Grants, Construction and Regeneration Act 1996
The Housing Grants, Construction and Regeneration Act 1996 is an Act of Parliament of the United Kingdom. Its long title shows that it is a piece of omnibus legislation:...
included (subsection 118(1)) renaming the Architects' Registration Council of the United Kingdom
Architects' Registration Council of the United Kingdom
Under an Act passed by the UK Parliament in 1931, there was established an Architects' Registration Council of the United Kingdom , 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...
(ARCUK) as the Architects Registration Board
Architects Registration Board
The Architects Registration Board 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 Act, 1931 which gave it the name the Architects' Registration Council of the...
(ARB). The 1996 Act also enacted the abolition of the statutory Board of Architectural Education
Board of Architectural Education
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 Act, 1931....
(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
Consolidation Act
The Consolidation Act was an act of the parliament of Great Britain passed in 1749 to reorganize the Royal Navy....
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
Privy council
A privy council is a body that advises the head of state of a nation, typically, but not always, in the context of a monarchic government. The word "privy" means "private" or "secret"; thus, a privy council was originally a committee of the monarch's closest advisors to give confidential advice on...
in the manner prescribed by section 13.
The Board now has limited powers under the Architects Act 1997 to make rules
Rulemaking
In administrative law, rulemaking refers to the process that executive and independent agencies use to create, or promulgate, regulations. In general, legislatures first set broad policy mandates by passing statutes, then agencies create more detailed regulations through rulemaking.By bringing...
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
Legislator
A legislator is a person who writes and passes laws, especially someone who is a member of a legislature. Legislators are usually politicians and are often elected by the people...
, 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
Register of Architects
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...
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".
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 UnionEuropean Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
, formerly known as the European Economic Community
European Economic Community
The European Economic Community The European Economic Community (EEC) The European Economic Community (EEC) (also known as the Common Market in the English-speaking world, renamed the European Community (EC) in 1993The information in this article primarily covers the EEC's time as an independent...
, including Directive 85/384/EEC, referred to in the Architects Act 1997 in connection with the recognition of qualifications acquired in an EEA State (European Economic Area
European Economic Area
The European Economic Area was established on 1 January 1994 following an agreement between the member states of the European Free Trade Association and the European Community, later the European Union . Specifically, it allows Iceland, Liechtenstein and Norway to participate in the EU's Internal...
).
The legitimate purposes of the European Union
European Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
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 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
Vis-à-vis
Vis-à-vis may refer to:* Vis-à-vis * "Vis à Vis" , an episode of Star Trek: Voyager...
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.