Architects Act 1997
Encyclopedia
The Architects Act 1997 (c. 22) 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.
1931-1996 (section 125 of the Housing Grants, Construction and Regeneration Act 1996
).
The Bill
was introduced to the House of Lords
on 17 December 1996 by the Lord Chancellor
, Lord Mackay of Clashfern, and given its first reading. It received its second reading without call for a debate on 20 January 1997 and was passed to the Joint Committee on Consolidation Bills. On 3 March 1997 it was read for a third time without debate and passed to the House of Commons. The Bill was given Royal Assent
on 19 March 1997 and came into force on 21 July 1997.
The Architects Registration Board
(ARB) has limited powers to make rules in the manner prescribed by the Architects Act 1997, but not the power to make regulations which had previously been ascribed to the registration body when it was constituted as the Architects' Registration Council of the United Kingdom
(ARCUK).
States, and certain changes which had been made to the previous legislation after the publication of the Warne Report
in 1993.
For the purpose of ascertaining the duties and functions which the Architects Registration Board is required to execute and perform under the Architects Act 1997, the constraints on the Board include the requirements judicially applicable in the name of administrative law
.
In May 2006 ministerial responsibility for the ARB was transferred from the ODPM to the DCLG (Department for Communities and Local Government
). The DCLG website shows that of "four categories" of "non-departmental public bodies" (NDPBs) the ARB was being classified (at the end of May 2007) as one of two "public corporations", the other one being the Audit Commission, a body of entirely different political and legislative origin, function and capacities, so that the two have practically nothing in common. The website there briefly described the ARB as:
That appears to have been more a politically advised than a factual statement, in that it lacks congruity with an ordinary or accurate reading of the legislation enacted by Parliament (see further information below "Accuracy of Government Information").
to be established, maintained and published; and for that purpose there had been a Council, called the Architects' Registration Council of the United Kingdom
(ARCUK), which had been established as a body corporate by the originating Act, namely the Architects (Registration) Act, 1931
.
The changes embodied in the consolidating Act of 1997 had first been enacted in Part III of the Housing Grants, Construction and Regeneration Act 1996
. The changes had been made on the basis of a government consultation document dated 19 July 1994 which the Department of the Environment
had issued with the title "Reform of Architects Registration
". The consultation document had set out fourteen proposals for reform, stemming from a request from ARCUK to the Government in 1992 that the Architects Registration Acts should be reviewed; and stated that a report on the review which had been carried out had been published by HMSO in 1993. The report had been made by Mr E J D Warne, CB, and is commonly known as "The Warne Report
".
The legislation which followed carried the proposed purposes into effect only in part. In the consultation document the purpose of the reformed body was stated to be: setting criteria for admission to the Register; preventing misuse of the title "architect
"; and the discipline of unprofessional conduct, and the setting of fee levels. To that end, fourteen proposals had been enumerated. Some were later abandoned; and others substantially altered, whether in the Bill which was presented to Parliament or in its passage through Parliament, including:
Proposals mentioned in the consultation document which were later enacted and are now operative were:
The Table of Derivations, set out at the end of the Act after Schedule 3, by showing the changes which had been made by the 1996 Act to the originating Act of 1931 (as it had by then been amended by the 1938 Act and other legislation), distinguishes them from the provisions which were in the legislation before the 1996 Act, and so were operative in the time of ARCUK and have remained operative from 21 July 1997, when the reconstituting changes took effect.
Acts of Parliament in the United Kingdom
An Act of Parliament in the United Kingdom is a type of legislation called primary legislation. These Acts are passed by the Parliament of the United Kingdom at Westminster, or by the Scottish Parliament at Edinburgh....
of the Parliament of the United Kingdom
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
for the keeping and publishing of the statutory 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...
by 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...
. It has the long title
Long title
The long title is the formal title appearing at the head of a statute or other legislative instrument...
: An Act to consolidate the enactments relating to architects.
Passage of the consolidating Bill
The Architects Act 1997 consolidated the originating and amending Acts relating to the registration of architects, namely the Architects ActsArchitects (Registration) Acts, 1931 to 1938
The Architects Acts, 1931 to 1938 is the statutory citation for three Acts of the United Kingdom Parliament, namely:* The Architects Act, 1931;* The Architects Act, 1934; and...
1931-1996 (section 125 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:...
).
The Bill
Bill (proposed law)
A bill is a proposed law under consideration by a legislature. A bill does not become law until it is passed by the legislature and, in most cases, approved by the executive. Once a bill has been enacted into law, it is called an act or a statute....
was introduced to the House of Lords
House of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....
on 17 December 1996 by the Lord Chancellor
Lord Chancellor
The Lord High Chancellor of Great Britain, or Lord Chancellor, is a senior and important functionary in the government of the United Kingdom. He is the second highest ranking of the Great Officers of State, ranking only after the Lord High Steward. The Lord Chancellor is appointed by the Sovereign...
, Lord Mackay of Clashfern, and given its first reading. It received its second reading without call for a debate on 20 January 1997 and was passed to the Joint Committee on Consolidation Bills. On 3 March 1997 it was read for a third time without debate and passed to the House of Commons. The Bill was given Royal Assent
Royal Assent
The granting of royal assent refers to the method by which any constitutional monarch formally approves and promulgates an act of his or her nation's parliament, thus making it a law...
on 19 March 1997 and came into force on 21 July 1997.
Legislative continuity
The legislative continuity from the originating Act of 1931 to the consolidating Act of 1997 is shown by paragraph 19(2)(a) of Schedule 2 in the 1997 Act:- "the Council" means the Architects' Registration Council of the United Kingdom established under the 1931 Act, which was renamed as the Board by section 118(1) of the 1996 Act.
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) has limited powers to make rules in the manner prescribed by the Architects Act 1997, but not the power to make regulations which had previously been ascribed to the registration body when it was constituted as 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).
Statutory purpose
The Act embodied previous legislation consequent upon EU directives concerning the mutual recognition of professional qualifications in EU Member States and other EEAEuropean 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...
States, and certain changes which had been made to the previous legislation after the publication of the Warne Report
Warne Report
The Warne Report was published by the United Kingdom Government in 1993. It was referred to in a government consultation paper on Reform of Architects Registration dated 19 July 1994...
in 1993.
For the purpose of ascertaining the duties and functions which the Architects Registration Board is required to execute and perform under the Architects Act 1997, the constraints on the Board include the requirements judicially applicable in the name of administrative law
Administrative law
Administrative law is the body of law that governs the activities of administrative agencies of government. Government agency action can include rulemaking, adjudication, or the enforcement of a specific regulatory agenda. Administrative law is considered a branch of public law...
.
In May 2006 ministerial responsibility for the ARB was transferred from the ODPM to the DCLG (Department for Communities and Local Government
Department for Communities and Local Government
The Department for Communities and Local Government is the UK Government department for communities and local government in England. It was established in May 2006 and is the successor to the Office of the Deputy Prime Minister, established in 2001...
). The DCLG website shows that of "four categories" of "non-departmental public bodies" (NDPBs) the ARB was being classified (at the end of May 2007) as one of two "public corporations", the other one being the Audit Commission, a body of entirely different political and legislative origin, function and capacities, so that the two have practically nothing in common. The website there briefly described the ARB as:
- The independent statutory regulator of all UK registered architects which has a dual mandate to protect the consumer and to safeguard the reputation of architects.
That appears to have been more a politically advised than a factual statement, in that it lacks congruity with an ordinary or accurate reading of the legislation enacted by Parliament (see further information below "Accuracy of Government Information").
Changes: before and after July 1997
The previous legislation had enabled and required the Register of ArchitectsRegister 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...
to be established, maintained and published; and for that purpose there had been a Council, called 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), which had been established as a body corporate by the originating Act, namely the Architects (Registration) Act, 1931
Architects (Registration) Acts, 1931 to 1938
The Architects Acts, 1931 to 1938 is the statutory citation for three Acts of the United Kingdom Parliament, namely:* The Architects Act, 1931;* The Architects Act, 1934; and...
.
The changes embodied in the consolidating Act of 1997 had first been enacted in 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:...
. The changes had been made on the basis of a government consultation document dated 19 July 1994 which the Department of the Environment
Secretary of State for the Environment
The Secretary of State for the Environment was a UK cabinet position, responsible for the Department of the Environment . This was created by Edward Heath as a combination of the Ministry of Housing and Local Government, the Ministry of Transport and the Ministry of Public Building and Works on 15...
had issued with the title "Reform of Architects Registration
Reform of Architects Registration
"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 consultation document had set out fourteen proposals for reform, stemming from a request from ARCUK to the Government in 1992 that the Architects Registration Acts should be reviewed; and stated that a report on the review which had been carried out had been published by HMSO in 1993. The report had been made by Mr E J D Warne, CB, and is commonly known as "The Warne Report
Warne Report
The Warne Report was published by the United Kingdom Government in 1993. It was referred to in a government consultation paper on Reform of Architects Registration dated 19 July 1994...
".
The legislation which followed carried the proposed purposes into effect only in part. In the consultation document the purpose of the reformed body was stated to be: setting criteria for admission to the Register; preventing misuse of the title "architect
Architect
An architect is a person trained in the planning, design and oversight of the construction of buildings. To practice architecture means to offer or render services in connection with the design and construction of a building, or group of buildings and the space within the site surrounding the...
"; and the discipline of unprofessional conduct, and the setting of fee levels. To that end, fourteen proposals had been enumerated. Some were later abandoned; and others substantially altered, whether in the Bill which was presented to Parliament or in its passage through Parliament, including:
- that the reformed Board would be given statutory authority to make regulations consistent with the provisions of the legislation governing architects registration;
- that the reformed Board would publicise a statement of the criteria for disciplinary offences; and
- that in disciplinary cases, there would be a range of non-monetary penalties, and hearings would be before a small statutory committee composed of both architects and non-architects, with a right to appeal to the full Board.
Proposals mentioned in the consultation document which were later enacted and are now operative were:
- that ARCUK would remain as a legal entity, but, with no impact on its role or status, the name would be changed to "Architects Registration BoardArchitects Registration BoardThe 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); - that there should be an office of Registrar whose functions would be to maintain the Register and carry out the instructions of the Board;
- that the Board would be made up of 8 lay members appointed by the Government, and 7 architects elected by registered architects; and
- that the Board of Architectural EducationBoard of Architectural EducationThe 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....
would be abolished, by reason of it being an unwieldy body which would be unnecessary for fulfilling the functions of the reformed Registration Board.
The Table of Derivations, set out at the end of the Act after Schedule 3, by showing the changes which had been made by the 1996 Act to the originating Act of 1931 (as it had by then been amended by the 1938 Act and other legislation), distinguishes them from the provisions which were in the legislation before the 1996 Act, and so were operative in the time of ARCUK and have remained operative from 21 July 1997, when the reconstituting changes took effect.