Architects (Registration) Act

Link to law: http://laws.gov.ag/acts/chapters/cap-34.pdf
Published: 1987

Architects (Registration) (CAP. 34 1

CHAPTER 34

THE ARCHITECTS (REGISTRATION) ACT

Arrangement of Sections
Sections

Short title.
Interpretation.
Establishment of Registration Board.
Architects' Register.
Qualifications for registration.
Registration for certain existing practitioners.
Further investigation by the Board.
Reciprocity.
Particular theories not to be taken into account.
Registered architects entitled to practise architecture.
Practice of architecture by persons other than architects.
Validity of Architects' documents.
Non-entitlement to recover remuneration.
Partnerships, associations or corporations.
Improper registration.
Appeals.
Regulations.
Offences.
Additional penalty.
Expenses.
Act binds the Crown.
SCHEDULE.

CONSTITUTION AND PROCEDURE
O F THE BOARD

1. Constitution of the Board.
2. Chairman.
3. Acting appointments.
4. Resignation.
5. Revocation of appointment.

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2 CAP. 34) Architects (Registration)

6. Filling of vacancies.
7. Publication of membership in the Gazette.
8. Seal.
9 . Meetings.

10. Committees.
11. Protection of members.

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Architects (Registration) (CAP. 34 3

- --

ARCHITECTS (REGISTRATION)

AN ACT to provide for the registration and discipline of
architects and for connected purposes.

(1st February, 1987) 3811986.

1. This Act may be cited as the Architects (Registra-
tion) Act.

2. (1) In this Act- Interpretation.
"Board" means the Architects' Registration Board

established by section 3;

"budding" means a structure intended for use as shelter
for human activities and usually consisting of foun-
dations, floors, walls, windows, columns, beams,
girders and roof, or a combination of any number
of these parts with or without other parts.

"certificate" means a certificate granted under
section 10.

"Minister" means the member of Cabinet for the time
being responsible for Legal Affairs;

"practice of architecture" means rendering one or more
of the following professional services to clients -
advice, consultation, evaluation, planning, design,
and minor engineering services, inspection of con-
struction, and any other services wherein expert
knowledge, skill and experience are required in
connection with the erection, enlargement or altera-
tion of any building or buildings, or the equipment
or accessories thereof, or with the creation of the
built environment where public amenity is concern-
ed or involved;

"register" means the register of architects kept by the
Registrar in accordance with section 4;

"Registrar" means the Registrar of the High Court;

"work permit'' means a work permit under the Antigua
and Barbuda Labour Code. Cap. 27.

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4 CAP. 34) Architects (Registration)

Schedule. ( 2 ) The Minister may on the recommendation of the
Board by order amend the Schedule by the addi-
tion thereto or the deletion therefrom of any sections
or parts thereof.

Establishment of
Registration

3. ( 1 ) For the purposes of this Act there is establish-
Board. ed a Board to be known as the Architects' Registration Board

which shall be a body corporate to which the provisions of
Cap. 224. section 22 of the Interpretation Act, shall apply.

Schedule. (2) The provisions of the Schedule shall have effect with
respect to t'he constitution of the Board and otherwise in rela-
tion thereto.

Architects'
Register.

4. ( 1 ) The Registrar shall keep a register to be known
as the Architects' Register in which he shall cause to be
entered the name of every person entitled to be registered
as an architect under section 5 or 6 together with the follow-
ing particulars in respect of each person-

(a) his full name and address;

(6) the date of his registration; and

(c) his registration number.

(2) The register shall at all reasonable times be open
to inspection at the Registration Office.

(3) The Registrar shall cause to be published in the
Gazette-

(a) in the month of February in every year an
alphabetical list of persons who have at the 31st January
in the year registered their names as architects;

(6) as soon as practicable after such registration,
the name of any person registering his name as an
architect after the 31st January in any year.

( 4 ) The Registrar shall-

(a) make the necessary alterations in the register
of the names or addresses of persons registered under
this Act; and

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Architects (Registration) (CAP. 34

( b ) remove therefrom the names of all persons
registered under this Act who are suspended or
de-registered by the Board, or who are no longer
qualified to practice architecture, or retired, or who have
ceased to be domiciled and resident in Antigua and
Barbuda, or to be holders of work permits.

(5) After the commencement of this Act, every person
who is qualified to be registered as an architect under
this Act and desires to practice as such in Antigua and
Barbuda, shall in the month of January in every year
cause his name to be entered by the Registrar in the
register and on payment of the prescribed fee shall be
entitled to obtain a certificate of such registration.

5 . (1) Every person is entitled to be registered as an Qualifications
for Registration. architect under this section if on application made to the

Board he satisfies the Board that-

(a) he is qualified to be so registered; and

(b) he is a fit and proper person to practice architec-
ture in Antigua and Barbuda; and

(c) he is domiciled and resident in Antigua and
Barbuda and is the holder of a work permit if required.

(2) For the purposes of subsection (1) (a) a person is
qualified to be registered as an architect if-

(a) he has been awarded a degree, diploma, or
other qualification in architecture, granted by a univer-
sity or school of architecture, that in the opinion of the
Board is evidence of satisfactory training in architec-
ture; or

(6) he is registered as an architect by a board, coun-
cil, or institute in a country other than Antigua and
Barbuda, provided that in the opinion of the Board such
overseas body upholds satisfactory standards of architec-
ture; and

(c) he has had not less than 3 years of such prac-
tical experience in architecture as the Board approves;
and

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6 CAP. 34) Architects (Registration)

(9 at least one of the three years of practical
experlence-

(i) in the case of persons who otherwise qualified
for registration before the commencement of
this Act, was acquired in Antigua and
Barbuda;

(ii) in the case of persons who otherwise qualified
for registration after the commencement of this
Act, was acquired under the direct supervi-
sion of an architect duly registered in Antigua
and Barbuda.

(3) An application for registration shall be made to the
Secretary of the Board in the form approved by the Board.

(4) An applicant for registration shall furnish to the
Secretary of the Board-

(a) evidence of his qualifications and experience;

(6) proof of his identity; and

(c) such further and other information as the Board
requires in respect of the matters referred to in subsec-
tions (1) and (2).

I
Registration of
certain existing

6. Notwithstanding section 5, any person who do s
practitioners. not possess the qualifications specified in that section b d t

who, on application made to the Board within 6 months of
the commencement of this Act, satisfies the Board that-

(a) he is a fit and proper person to be registered
as an architect; and

(6) he has had before the commencement of this
Act not less than 10 years of the practice of architecture
in a responsible position under an architect with
qualifications as described in section 5,

is entitled to be registered as an architect.

Further
investigation by 7. In determining whether a person satisfies the
the Board. requirements of section 5 or 6, the Board may conduct such

investigation relating to the experience in architecture of such
person as it considers necessary and may require such per-
son to undergo a written or oral examination or both written

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Architects (Registration) (CAP. 34 7

and oral examination in architecture including draughtsman-
ship, design, detailing, basic engineering, specification, and
professional practice.

8. The Board may, upon application, register as an
architect any person who furnishes it with satisfactory proof-

( a ) that he is registered as an architect in another
country whose requirements for registration are, in the
opinion of the Board, no less exacting than those
required for registration in Antigua and Barbuda;

( b ) that reciprocal arrangements exist between the
Registration Boards of Antigua and Barbuda and that
other country;

(c) that he has sufficient practical knowledge of the
local conditions peculiar to the practice of architecture
in Antigua and Barbuda; and

(4 that he has obtained the necessary work per-
mit under the Antigua and Barbuda Labour Code. Cap. *'.

9. In determining whether a person who applies for Particular
theories not to be

registration is duly qualified to be registered under this Act taken into
in accordance with sections 5 or 6, the fact that he adopts
or refrains from adopting the practice of any particular theory
of architectural design shall not be taken into consideration.

10. A person registered under this Act shall be H;$:t;;Pentitled
entitled- to practice

architecture.
(a ) on payment of the prescribed fee to receive from

the Registrar a certificate in the form approved by the
Board to practice architecture in Antigua and Barbuda;

( b ) to demand and recover reasonable renumera-
tion for architectural services rendered;

(c) to use the title "Architect" or any abbrevia-
tion thereof against his name, outside his place of work,
at building sites where his work is in progress, and on
his stationery.

1 1. ( 1 ) Subject to section 12, nothing in this Act shall Practice of architecture by
prevent a person who is not an architect from- persons other

than architects.

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CAP. 34) Architects (Registration)

Validity of
architects'
documents.

(a) engaging in those aspects of the practice of
architecture that includes drafting or supervising any
architectural works as owner, contractor, superinten-
dent or clerk of works;

(6) performing the architectural work involved in
minor alterations;

(c) providing architectural services for single family
dwelling other than where multiple production of houses
is involved or where the buildings concerned are to be
of more than one story in height;

( 4 providing architectural services for minor
business premises of no more than one thousand square
feet other than where no more than one storey is
involved, or where there is to be multiple production
of such buildings;

where no authority requires the drawings to bear the stamp
or seal of an architect, nor requires any such person to become
registered under this Act for the purpose of doing anything
mentioned in this section, and where the interests of the public
are not likely to be affected.

(2) Nothing in this Act shall be deemed or construed
to prevent the practice of their professions by-

(a) engineers registered under the Engineers
(Registration) Act;

(6) land surveyors;

(c) town planners;

( 4 naval architects or landscape architects, pro-
vided such persons do not use the term "architect" in
its unqualified form with intent to mislead the public; or

(e) interior decorators or furniture designers.

12. After the commencement of this Act no certifica-
tion, drawing, valuation, declaration or other document
required by enactment to be signed by an architect is valid,
unless the person signing it is registered under this Act.

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Architects (Registration) (CAP. 34 9

13. A person other than a registered architect is not Non-entitlement
to recover

entitled to recover in any action any fee, charge, gratuity,
or remuneration for the practice of architecture.

14. A partnership, association, or corporation may Partnerships,
practise architecture in its own name if its principal and : ~ ~ ~ ~ ~ ~ ~ ~ s : r
customary functions is to practise architecture, and if the
work is done under the responsible supervision of a partner
or an associate or a director respectively, who, in any case,
is a registered architect.

15. (1) The Board may, if it considers that a person Improper
registered as an architect has improperly obtained such registration.
registration, require such person to apply to have himself
properly registered under this Act.

(2) If for a period of three months or such longer period
as the Board allows, such person fails without reasonable
excuse to apply to be properly registered, the Board may
cause such person's name to be struck'off the register.

16. An appeal against any decision made by the Board Appeals.
shall lie to a judge in Chambers, and every such appeal shall
be made within such time and in such form and shall be
heard in such manner as may be prescribed by rules of court.

17. (1) After consultation with the Board, the Redations.
Minister may make regulations for-

(a) a code of professional conduct for architects;

(6) providing for the stamping of drawings or other
documents and the use of seals by an architect;

(c) specifying the institutions that are approved by
the Board for the purpose of section 5 (2);

(4 prescribing the procedure to be followed in
respect to disciplinary proceedings against architects in
relation to professional misconduct;

(e) setting up for any period a disciplinary body
to investigate and adjudicate upon any allegation of pro-
fessional misconduct on the part of an architect and make
recommendations thereon:

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10 CAP. 34) Architects (Registration)

(f) providing for the publication of the recommend-
ations of any body referred to in paragraph (e);

@) determining the constitution and membership
and regulating the procedure of any body referred to
in paragraph (e) and providing for any other matter
which may be relevant to such body or its functions;

(h) prescribing the fees payable in respect of any
examination and of registration under this Act and the
minimum percentage and time charges to be made by
architects and prescribing anything that is required or
authorised to be prescribed;

( 1 ) carrying into effect generally the purposes for
which the Board is constituted.

(2) There shall be paid from the funds of the Board
to the Chairman and other members of the Board such
renumeration, whether by way of honorarium, salary or fees,
and such allowances, as the Minister may determine.

Offences. 18. (1) Subject to section 9, a person who-
(a) fraudulently procures or attempts to procure

the registration under this Act of himself or any other
person by making or producing or causing to be made
or produced any false or fraudulent representation or
declaration either orally or in writing;

( b ) fraudulently makes, causes, or permits to be
made-

(i) any false or incorrect entry or copy in the
register; or

(ii) any alteration in any entry or copy of any entry
in the register;

(iii) makes use of the name or title of architect or
any other name, title, addition, designation
or description implying that he is a registered
architect or is entitled to be recognised as an
architect in Antigua and Barbuda,

is guilty of an offence.

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Architects (Registration) (CAP. 34 1 1

(2) A person who is guilty of an offence under this sec-
tion is liable on summary conviction-

(a) for a first offence to a fine of five thousand
dollars and to imprisonment for a term of six months;
and

(b) for each subsequent offence to a fine of ten thou-
sand dollars and to imprisonment for a term of one year.

( 3 ) In any prosecution under paragraph ( b ) of subsec-
tion ( I ) , the absence of the name of the person charged from
the list last published in the Gazette pursuant to section 4 (3 )
is prima facie evidence that such person is not a registered
architect.

19. Where an architect has been found guilty of pro- *:$'
fessional misconduct, the Board may, in addition to any other
penalty prescribed in the regulations, impose on that architect
a fine of five thousand dollars.

20. Any expenses incurred in the administration of Expenses.
this Act shall be defrayed out of moneys voted for the pur-
pose by Parliament.

21. This Act binds the Crown. Act binds the
crown.

SCHEDULE (s-3)

Constitution and Procedure of the Board

1. (1) The Board shall consist of the following- ~ % " ~ ~ ~ ~ ~ O f
(a) the Government's Chief Architect ex officio; and

(b) six members, being architects appointed by the
Minister after consultation with any association of
architects in Antigua and Barbuda recognised by the
Minister as representing architects, or in the absence
of such association with any person recognised by the
Minister as representing architects.

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12 CAP. 34) Architects (Registration)

Chairman.

(2) The appointment of all members of the Board shall be
for a period of two years, but any such members shall be
eligible for re-appointment, but shall not serve for more than
six consecutive years.

2. The Minister shall appoint one of the appointed
members of the Board to be Chairman of the Board.

Acting
appointments.

3. (1) If the Chairman or any other member of the
Board is absent or unable to act, the Minister may appoint
any person to act in the place of the Chairman or such other
member.

(2) Where the power to appoint a person to act in an
office is being exercised pursuant to this paragraph, such
appointment shall be made in such manner and from among
such persons as would be required in the case of a substan-
tive appointment.

Resipation. 4. (1) Any member of the Board may at any time
resign his office by instrument in writing addressed to the
Minister and transmitted through the Chairman and from
the date of receipt by the Minister of such instrument such
member shall cease to be a member of the Board.

(2) The Chairman of the Board may at time resign his
office as Chairman by instrument in writing addressed to
the Minister and such resignation shall take effect as from
the date of receipt by the Minister of such instrument.

Revocation of 5. The Minister may revoke any appointment made
appointment.

under this Schedule.

Filling.of 6. If any vacancy occurs in the membership of the
vacancies.

Board such vacancy shall be filled by the appointment of
another member who shall, subject to the provisions of this
Schedule, hold office for the remainder of the period for which
the previous member was appointed so, however, that the
appointment shall be made in the same manner and from
the same category of persons, if any, as the appointment
of the previous member.

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Architects (Registration) (CAP. 34 13

7. The names of all members of the Board as first ~ ; ~ ~ ~ ~ ; p O : n
constituted and every change in the membership thereof shall the Gazette.
be published in the Gazette.

8. (1) The Seal of the Board shall be kept in the
custody of the Chairman or the Secretary thereof and shall
be aMixed to instruments Dursuant to a resolution of the Board
in the presence of the Chairman or any other two members
of the Board.

(2) The Seal of the Board shall be authenticated by the
signature of the Chairman or any person performing the
duties of Chairman and shall be officially and judicially
noticed.

(3) All documents, other than those required by law
to be under Seal, made by, and all decisions of the Board
may be signified under the hands of the Chairman, or any
other member authorised to act in that behalf, or the
Secretary.

9. (1) The Board shall meet at such times as may be Meetings.
necessary or expedient for the transaction of its business and
such meetings shall be held at such places and times and
on such days as the Board may determine.

(2) The Chairman may at any time call a special
meeting of the Board and shall call a special meeting within
seven days of the receipt of a written request for that pur-
pose addressed to him by any three members of the Board.

(3) The Chairman of the Board shall preside at all
meetings of the Board at which he is present, and in the
case of the Chairman's absence from any meeting the
members present and constituting a quorum shall elect a
Chairman from among their number to preside at that
meeting.

(4) The quorum of the Board shall be four.

(5) The decisions of the Board shall be by a majority
of votes and, in addition to an original vote, the person

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14 C A P . 34) Architects (Registration)

presiding at a meeting shall have a casting vote in any case
in which the voting is equal.

(6) Minutes in proper form of each meeting of the Board
shall be kept.

(7) The validity of the proceedings of the Board shall
not be affected by any vacancy amongst the members thereof
or by any defect in the appointment of a member thereof.

(8) Subject to the provisions of this Schedule the Board
may regulate its own proceedings.

Committees. 10. (1) The Board may appoint such Committees as
it may think fit and may delegate to any such Committee
the power and authority to carry out on its behalf such duties
as the Board may determine, so, however, that no such Com-
mittee shall have the power to make rules.

(2) The constitution of each Committee shall be deter-
mined by the Board.

Protection of
members. 1 . (1) No member of the Board shall be personally

liable for any act or default of the Board done or omitted
to be done in good faith in the course of the operations of
the Board.

(2) Where any member of the Board is exempt from
liability by reason only of the provisions of this paragraph
the Board shall be liable to the extent that it would be if
the member were a servant or an agent of the Board.
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