Reform of Architects Registration
Encyclopedia
"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
.
The consultation paper went on to state that the current proposals for reform stemmed from a request from ARCUK to the Government in 1992 that the Architects Registration Acts should be reviewed; and that a review had been carried out by Mr E J D Warne CB, whose report report had been published by HMSO in 1993.
The consultation paper mentioned that the Warne Report
had considered the views of architects, architectural bodies and consumers and "agreed with ARCUK" that there were certain weaknesses of its structure: and that the reforms being proposed were aimed at overcoming those weaknesses in a way that would be generally acceptable to the profession and public alike.
The main objective of the reforms was stated to be:
The punctuation
in the document, as reproduced above, seemed to indicate a close connection of some kind between setting fee levels and professional conduct. But in the event the setting of fee levels was later abandoned, while, in respect of professional conduct, statutory powers to inflict fines expressly on a par with criminal penalties were given to a body which would have persons who are not themselves members of the profession in the decisive majority, and who would not be acting under the judicial oath of a judge
or a magistrate
in a court of criminal or civil jurisdiction, or pursuant to the consensual jurisdiction
of an arbitrator, and would not necessarily have the appropriate skill and knowledge to be able to act competently and fairly in respect of hazarding an architect's professional reputation. This could have been seen as an objectionable aberration, but that instead a preponderance of political opinion welcomed such an arrangement, regarding it as a pioneering development, may be explained at least in part by observing that the usage "stakeholders" had gained some currency at the time.
Certain issues had been the background to the Warne Report
as matters were in the 1990s and had always been, namely, issues concerning the flaws or merits of the case for or against such proposals in theory or in principle or in relation particularly, on the one hand, to the Register of Architects
, to restrictions on the use of the word "architect", and to the practice of architecture considered as an art or as a business or as a means of earning a livelihood; and on the other hand, to official accountability, juridical norms and the rule of law: see further, article on Architects Registration in the United Kingdom
- background to legislation.
One of the proposals mentioned in the consultation document which were later enacted and are now operative was that ARCUK would remain as a legal entity, but its name would be changed to "Architects Registration Board
"; and it was stated that although this change, in itself, would have no impact on the status or role of ARCUK it would suggest a smaller, tighter body and would mark the alterations to ARCUK's functions.
Another of the proposals was that there should be an office of Registrar whose functions would be to maintain the Register and carry out the instructions of the Board; and it was stated that the Registrar would be a named appointee of the Board which would decide whether the Registrar should be an employee or a contractor.
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...
. 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
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...
, and that broad agreement on what those measures would be had been reached with 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) and the Royal Institute of British Architects
Royal Institute of British Architects
The Royal Institute of British Architects is a professional body for architects primarily in the United Kingdom, but also internationally.-History:...
(RIBA). Eventually, Parliament made certain changes to the Architects Registration Acts which now have effect under 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...
.
The consultation paper went on to state that the current proposals for reform stemmed from a request from ARCUK to the Government in 1992 that the Architects Registration Acts should be reviewed; and that a review had been carried out by Mr E J D Warne CB, whose report report had been published by HMSO in 1993.
The consultation paper mentioned that 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...
had considered the views of architects, architectural bodies and consumers and "agreed with ARCUK" that there were certain weaknesses of its structure: and that the reforms being proposed were aimed at overcoming those weaknesses in a way that would be generally acceptable to the profession and public alike.
The main objective of the reforms was stated to be:
- to create a small, focussed and effective registration body which represents the interests of both the profession and the general public,
-
-
- and its purpose would be to
-
- set criteria for admission to the Register; prevent misuse of the title 'architectArchitectAn 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...
'; discipline unprofessional conduct, and set fee levels.
The punctuation
Punctuation
Punctuation marks are symbols that indicate the structure and organization of written language, as well as intonation and pauses to be observed when reading aloud.In written English, punctuation is vital to disambiguate the meaning of sentences...
in the document, as reproduced above, seemed to indicate a close connection of some kind between setting fee levels and professional conduct. But in the event the setting of fee levels was later abandoned, while, in respect of professional conduct, statutory powers to inflict fines expressly on a par with criminal penalties were given to a body which would have persons who are not themselves members of the profession in the decisive majority, and who would not be acting under the judicial oath of a judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
or a magistrate
Magistrate
A magistrate is an officer of the state; in modern usage the term usually refers to a judge or prosecutor. This was not always the case; in ancient Rome, a magistratus was one of the highest government officers and possessed both judicial and executive powers. Today, in common law systems, a...
in a court of criminal or civil jurisdiction, or pursuant to the consensual jurisdiction
Jurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...
of an arbitrator, and would not necessarily have the appropriate skill and knowledge to be able to act competently and fairly in respect of hazarding an architect's professional reputation. This could have been seen as an objectionable aberration, but that instead a preponderance of political opinion welcomed such an arrangement, regarding it as a pioneering development, may be explained at least in part by observing that the usage "stakeholders" had gained some currency at the time.
Certain issues had been the background to 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...
as matters were in the 1990s and had always been, namely, issues concerning the flaws or merits of the case for or against such proposals in theory or in principle or in relation particularly, on the one hand, to 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...
, to restrictions on the use of the word "architect", and to the practice of architecture considered as an art or as a business or as a means of earning a livelihood; and on the other hand, to official accountability, juridical norms and the rule of law: see further, article on Architects Registration in the United Kingdom
Architects Registration in the United Kingdom
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...
- background to legislation.
One of the proposals mentioned in the consultation document which were later enacted and are now operative was that ARCUK would remain as a legal entity, but its name would be changed to "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...
"; and it was stated that although this change, in itself, would have no impact on the status or role of ARCUK it would suggest a smaller, tighter body and would mark the alterations to ARCUK's functions.
Another of the proposals was that there should be an office of Registrar whose functions would be to maintain the Register and carry out the instructions of the Board; and it was stated that the Registrar would be a named appointee of the Board which would decide whether the Registrar should be an employee or a contractor.
See also
- The Architects (Registration) Acts, 1931 to 1938Architects (Registration) Acts, 1931 to 1938The 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...
- Extent and citation of the Acts
- Formation and duties of ARCUK
- Architects Act 1997
- Regulations and rules
- Penal restriction.
- 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....
- Board of Architectural Education
- Nomination and appointment
- Statutory nomenclature.
- ARCUK, Architects' Registration Council of the United KingdomArchitects' Registration Council of the United KingdomUnder 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, Architects' Registration Council of the United Kingdom
- Use of title
- Background to legislation, cc19-20
- Three aspects
- 1931 regime
- From 1990s
- Chronology 1834-1997
- The present legislation
- Summary of legislative history
- The "burdens" and "choices"
- Side effects
- Membership of the Board
- Duties of the Board
- "Architecture" and "architectural services"
- 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...
- Architects Registration Board
- Links to the Architects Act 1997Architects Act 1997The 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...