Architects (Registration) (Jersey) Law 1954

Revised Edition

05.025

Showing the law as at 1 January 2012

This is a revised edition of the law

Architects (Registration) (Jersey) Law 1954

Arrangement

Article

1            Interpretation

2            Restriction on use of title “Architect”

3            Registration

3A            Mandatory condition of registration

4            Power of Court to refuse, suspend or cancel registration

5            Requirement to cancel registration

6            List of registered persons to be kept

7            Penalty for fraudulently obtaining registration

8            Saving for co-operative societies, etc.

8A            Validation

9            Citation

Supporting Documents

Endnotes

Table of Legislation History

Table of Renumbered Provisions

Table of Endnote References



Architects (Registration) (Jersey) Law 1954

A LAW to require the registration of architects and to provide for matters incidental thereto

Commencement [see endnotes]

1      Interpretation[1]

(1)    In this Law, unless the context otherwise requires –

“Court” means the Royal Court;

“Minister” means the Minister for Economic Development;

“registered person” means a person registered as an architect in pursuance of this Law.

(2)    A person shall not, for the purposes of this Law, be treated as not practising by reason only that the person is in the employment of another person.

2      Restriction on use of title “Architect”

(1)    Subject to the provisions of this Law, it shall not be lawful for any person to practise or carry on business under any name, style or title containing the word “architect” unless the person is a registered person:

Provided that nothing in this Article shall be deemed to affect –

(a)     the use of the designation “Naval architect”, “Landscape architect” or “Golf-course architect”; or

(b)     the validity of any building contract in customary form.[2]

(2)    A person who contravenes paragraph (1) shall be guilty of an offence and liable to a fine of level 4 on the standard scale.[3]

3      Registration[4]

(1)    No person shall be entitled to be registered as an architect in pursuance of this Law unless the person fulfils the requirements for registration prescribed by Order of the Minister.

(2)    An application for registration as an architect in pursuance of this Law shall be made to the Court and shall contain such particulars and shall be accompanied by such proof, as may be prescribed by Order of the Minister, that the person fulfils the requirements for registration prescribed under paragraph (1).

(3)    The prescribed requirements by virtue of which a person is registered as an architect in pursuance of this Law shall be set out in the act of the Court ordering the registration.

(4)    An Order made under paragraph (1) or (2) may make such transitional provision and savings as the Minister thinks fit.

3A      Mandatory condition of registration[5]

(1)    It shall be a condition of a person’s registration as an architect in pursuance of this Law that the person notifies the Judicial Greffier, without delay, of any of the following events –

(a)     a change in the person’s name or address;

(b)     the person ceasing to fulfil the requirements for registration prescribed under Article 3(1).

(2)    The Court may, in making a decision in pursuance of Article 4(1) in respect of a person, have regard to any failure of the person to comply with a condition imposed by paragraph (1) of this Article.

4      Power of Court to refuse, suspend or cancel registration

(1)    Where, in the opinion of the Court, an applicant for registration in pursuance of this Law or a registered person has been convicted of any such criminal offence or has been guilty of such misconduct as, in the opinion of the Court, renders it undesirable that the applicant or registered person should be entitled to practise as an architect, the Court may, on the motion of the Attorney General, refuse to register the applicant or, as the case may be, suspend or cancel the registration of the person registered.

(2)    Any decision of the Court in pursuance of paragraph (1) may, either on the motion of the Attorney General or on the application of the person concerned, be varied by a subsequent decision.

5      Requirement to cancel registration[6]

(1)    The Court, on the motion of the Attorney General, shall order that the registration of any registered person be cancelled where the person ceases to fulfil the requirements for registration prescribed under Article 3(1).

(2)    The Court may, on the application of a person whose registration has been cancelled under paragraph (1), rescind the order made under paragraph (1) and direct that the person’s name be restored to the list, if the Court is satisfied that the qualification or authority to practise by virtue of which the person fulfilled the requirements for registration prescribed under Article 3(1) has been reinstated.

6      List of registered persons to be kept

(1)    The Judicial Greffier shall make and keep posted in the Lobby of the Royal Court House, a list of registered persons, showing their names and addresses and the prescribed requirements by virtue of which they were registered in pursuance of this Law.[7]

(2)    The Judicial Greffier shall, as directed by orders of the Court under this Law, add names to the list, or remove them.[8]

(3)    The Judicial Greffier shall also –

(a)     amend an entry in the list for a person, when notified of a change in the person’s name or address; and

(b)     remove a person’s name from the list –

(i)     upon receipt of the registered person’s written request that his or her registration is cancelled, or

(ii)    if satisfied that the person has died.[9]

7      Penalty for fraudulently obtaining registration

If any person wilfully procures or attempts to procure himself or herself to be registered as an architect in pursuance of this Law by making or producing or causing to be made or produced any false or fraudulent representation or declaration, either verbally or in writing, or any false or fraudulent certificate, the person shall in respect of each offence be liable to imprisonment for a term of 2 years and to a fine. [10]

8      Saving for co-operative societies, etc.

Nothing in this Law shall prevent a body corporate, firm or partnership from carrying on business under the style or title of architect–

(a)     if the business of the body corporate, firm or partnership so far as it relates to architecture is under the control and management of a superintendent who is a registered person and who does not act at the same time in a similar capacity for any other body corporate, firm or partnership; and

(b)     if in every premises where such business as aforesaid is carried on and is not personally conducted by the superintendent, such business is conducted under the direction of the superintendent by an assistant who is a registered person.

8A      Validation[11]

(1)    The registration of a person in pursuance of this Law, on or after 21st July 1997 and before 21st November 2011, shall not be invalid by reason only that, at the time of such registration, the person was not registered in pursuance of the Architects (Registration) Act 1931, if the person was, at that time, registered in pursuance of the Architects Act 1997.

(2)    A person to whom paragraph (1) applies shall not, by reason only of any defect in his or her registration before 21st November 2011, incur any civil or criminal liability.

9      Citation

This Law may be cited as the Architects (Registration) (Jersey) Law 1954.

Endnotes

Table of Legislation History



Legislation



Year and No



Commencement



Architects (Registration) (Jersey) Law 1954



L.16/1954



21 August 1954



Architects (Registration) (Amendment) (Jersey) Law 1986



L.27/1986



12 December 1986



Architects (Registration) (Amendment No. 2) (Jersey) Law 2011



L.14/2011



21 November 2011



Table of Renumbered Provisions



Original



Current



4      



repealed by L.27/1986



5



4



6



5



7



6



8



7



9



8



10



9



Table of Endnote References



[1] Article 1



substituted by L.14/2011



[2] Article 2(1)



amended by L.27/1986



[3] Article 2(2)



substituted by L.14/2011



[4] Article 3



substituted by L.14/2011



[5] Article 3A



inserted by L.14/2011



[6] Article 5



substituted by L.14/2011



[7] Article 6(1)



amended by L.14/2011



[8] Article 6(2)



added by L.14/2011



[9] Article 6(3)



added by L.14/2011



[10] Article 7



amended by L.27/1986, L.14/2011



[11] Article 8A



inserted by L.14/2011