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Professional Architects Act


Published: 1995-01-01

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PROFESSIONAL ARCHITECTS [CH.202 – 1

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PROFESSIONAL ARCHITECTS CHAPTER 202

PROFESSIONAL ARCHITECTS

ARRANGEMENT OF SECTIONS PART I

PRELIMINARY

SECTION 1. Short title. 2. Interpretation.

PART II THE PROFESSIONAL ARCHITECTS BOARD

3. Establishment of the Board. 4. Terms of office of Board members. 5. Meetings of the Board. 6. Registrar and other staff for the Board. 7. Functions of the Board.

PART III REGISTRATION OF PROFESSIONAL ARCHITECTS

8. Register of Professional Architects. 9. Qualifications for registration. 10. Registration. 11. Licence. 12. Seal. 13. Publication of lists of licensed architects. 14. Partnerships, etc.

PART IV DISCIPLINE

15. Improper conduct. 16. Complaints of improper conduct. 17. Disciplinary committee. 18. Disciplinary powers of the Board. 19. Orders of the Board.

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20. Power to order immediate suspension. 21. Removal of name from Register. 22. Restoration to Register.

PART V OFFENCES AND PENALTIES

23. Penalty for improper use of names, titles, etc. 24. Penalty for wrongfully procuring registration. 25. Practice without licence.

PART VI MISCELLANEOUS PROVISIONS

26. Appeal to Supreme Court. 27. Certificate of Registrar to be evidence. 28. Review of Board activities. 29. Immunity of certain person acting under this Act. 30. Exemptions from provisions of this Act. 31. Regulations. 32. Expenses under this Act. 33. Transitional provisions. 34. Saving.

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CHAPTER 202

PROFESSIONAL ARCHITECTS An Act to provide for the registration of architects

and architectural technicians, the regulation and control of architectural practice, and for related purposes.

[Assent 15th September, 1994] [Commencement !st January, 1995]

PART I PRELIMINARY

1. This Act may be cited as the Professional Architects Act, 1994.

2. In this Act — “architect” means an individual who, by reason of his

knowledge of the principles of architecture acquired by professional education and practical experience, is qualified to engage in architectural practices;

“architectural technician” means an individual who by reason of his technical education is qualified to produce the documents relating to an archi- tectural practice;

“architecture” or “architectural practice” means the rendering of services in connection with the design, and superintendence of construction, of structures for human habitation or use, utilising space within and surrounding such structures; and, in this definition, “services” includes plan- ning, preliminary studies, designs, drawings, specifications, architectural supervision, site supervision and the administration of construc- tion contracts;

“Board” means the Professional Architects Board established by section 3;

“certify” means — (a) in connection with site operations, specify

that the relevant architectural works have

17 of 1994 14 of 1995 5 of 1996

Short title.

Interpretation.

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been constructed in accordance with the related contract documents, sound building practice and any permits or approvals required by any written law; and

(b) in connection with calculations, drawings, specifications and other similar documents, specify that the design and standards shall admit of analysis in accordance with sound architectural practice;

“Chairman” means the Chairman of the Board elected under subsection (2) of section 3;

“licence” means a licence issued under section 11; “Minister” means the Minister charged with respon-

sibility for land use; “prescribed examination” has the meaning assigned

to that expression by section 7(a); “Register” means the Register of Professional Archi-

tects provided for in section 8; “registered architect” means an individual whose

name appears on the Register; “Registrar” means the Registrar to the Board; “seal” means a seal issued to a registered architect

under this Act; “to register” means to enter the name of an individual

in the Register.

PART II THE PROFESSIONAL ARCHITECTS BOARD

3. (1) There is hereby established a body to be known as the Professional Architects Board which shall discharge the functions assigned to the Board by or under this Act.

(2) The Board shall consist of — (a) the Director of Public Works ex officio or, if he

is not an architect, a public officer who is an architect; and

(b) two registered architects appointed by the Minister acting in his discretion;

Establishment of the Board.

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(c) two registered architects appointed by the Minister acting; in accordance with the advice of the association known as the Institute of Bahamian Architects and the advice of such other associations of architects as the Minister sees fit; and

(d) one registered architect appointed by the Minis- ter acting with the concurrence of the association known as the Institute of Bahamian Architects and the concurrence of such other associations of architects as the Minister sees fit,

and the Chairman shall be elected by the Board from among its members.

4. (1) An appointed member of the Board shall hold office until the 31st day of December next following the date of his appointment but shall be eligible for reappointment.

(2) The Minister may on the recommendation of the Board at any time revoke the appointment of an appointed member.

(3) If any vacancy occurs among the appointed members, the Minister shall, as soon as possible after consultation with the association known as the Institute of Bahamian Architects and with such other associations of architects as the Minister sees fit, appoint another individual to hold office for the remainder of the period for which the previous member was appointed.

(4) An appointed member may at any time resign his office by instrument addressed to the Minister and transmitted through the Chairman.

(5) In this section, “appointed member of the Board” or “appointed member” means a member of the Board who is appointed under section 3(2)(b).

5. (1) The Board shall meet at such times as may be 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, provided that such meetings shall take place at least twice a year.

(2) The quorum of the Board shall be three.

Terms of office of Board members.

Meetings of the Board.

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(3) The decisions of the Board shall be by a majority of votes; and a member of the Board who holds office under section 3(2)(a) shall not have an original vote but shall, in any case in which the voting is equal, have a casting vote.

(4) Subject to the provisions of this Act, the Board may regulate its own proceedings.

(5) The Chairman shall cause to be given to a member of the Board, ten days’ written notice of a meeting of the Board.

6. The Minister shall appoint a Registrar (who shall perform the functions assigned to the Registrar by or under this Act) and shall provide the Board with such other staff and accommodation, services and other facilities as appear to the Minister to be necessary or expedient for the performance of the functions of the Board.

7. The functions of the Board are — (a) to conduct or arrange for the conduct of an

examination, where appropriate, for the purpose of assessing the professional ability of individuals applying for registration;

(b) to register architects and architectural techni- cians, and to issue licences and seals;

(c) to safeguard against illegal, improper or unethi- cal architectural practices;

(d) to exercise disciplinary control over registered architects;

(e) to publish in the Gazette a list of qualifications and institutions recognised by the Board in respect of the architectural academic training required for eligibility to sit the prescribed examination;

(f) to make recommendations to the Minister regarding amendments to the law relating to architects;

(g) to advise the Minister on any matter which the Minister refers to the Board relating to archi- tectural practices or professional qualifications; and

(h) to regulate architectural practices in accordance with this Act.

Registrar and other staff for the Board.

Functions of the Board.

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PART III REGISTRATION OF PROFESSIONAL ARCHITECTS

8. (1) The Board shall cause the Registrar to keep a register, to be known as “The Register of Professional Architects”, which shall contain the name and address of every architect and architectural technician registered under this Act, the qualifications by virtue of which he is registered and such other particulars as may be prescribed.

(2) The Register shall be open to inspection by any member of the public at the office of the Registrar during normal office hours.

(3) The Registrar shall make in the Register such alterations in respect of the names, addresses, qualifica- tions or other particulars of registered individuals as are necessary and shall remove from the Register the name of any registered individual who is deceased or no longer qualified to engage in an architectural practice in The Bahamas.

(4) A person whose name is not entered in the Register shall be deemed not to be an architect or architectural technician as the case may be, for the purposes of this Act.

9. (1) An individual is entitled to be registered as an architect if, upon his written application to the Board for such registration, he satisfies the Board that —

(a) he is qualified to be registered as an architect; and

(b) he is a fit and proper individual to practise as an architect.

(2) For the purposes of subsection (1), an individual is qualified to be registered as an architect if he has not been disqualified or suspended from architectural practice (whether within or outside The Bahamas) and —

(a) at the date of his application, he holds corporate, full, professional, architectural membership granted by a professional body in the field of architecture and which in the opinion of the Board is evidence of satisfactory training in architecture;

(b) (i) he has passed the prescribed examination in addition to obtaining a degree, diploma or

Register of Professional Architects.

Qualifications for registration.

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other academic qualification granted by a University or College, whether within or outside The Bahamas, and which in the opinion of the Board is evidence of satis- factory training in architecture; and

(ii) he has, subsequent to obtaining the degree, diploma or, other qualification, acquired to the satisfaction of the Board practical experience in architectural practices under the supervision of a registered architect, such practical experience being for a period of not less than three years if the individual is the holder of a Bachelor’s degree, or not less than two years if the individual is the holder of a Master’s degree, granted by a University or College; or

(c) (i) his application for registration is made within two years after the date of com- mencement of this Act;

(ii) he satisfies the Board that, for a period of not less than twenty years, he has acquired practical experience in architectural prac- tices; and

(iii) he satisfies the Board that he is a citizen of The Bahamas or a permanent resident of The Bahamas whose permanent residence certificate permits him to engage in gainful occupation, and that he has been engaged in architectural practices in The Bahamas for a period of not less than six months immediately prior to the date of commencement of this Act,

but upon the expiration of the period prescribed in subparagraph (i), a person shall be qualified to be registered as an architect if he complies with the requirements of subparagraphs (ii) and (iii).

(3) An individual is entitled to be registered as an architectural technician if, within three years after the date of commencement of this Act, he makes application to the Board for such registration and satisfies the Board that —

(a) he has been awarded an Architectural Technician Certificate or Diploma from a Polytechnic

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Institution or College or other place of learning at which the syllabus for the particular Archi- tectural Technician course has been approved by the Board;

(b) he has been awarded a degree in Construction or Architectural Technology from an educational institution approved by the Board; or

(c) he was engaged in the business of diversified architectural practice for at least five years with at least two years of training approved by the Board in the offices of an architect who could be registered under this Act and who notified and provided evidence to the satisfaction of the Board of this training within one year after the date of commencement of this Act, and that the applicant has passed the prescribed examination within that year.

10. (1) Every individual wishing to be registered shall make application therefor in writing to the Board, enclosing with his application the documents conferring or evidencing his qualifications for registration and such other particulars as may be prescribed or as may be required by the Board in any particular case.

(2) Within ninety days after the receipt of an application under subsection (1), the Board shall consider the application and make a determination whether or not the applicant should be registered.

(3) The Board shall communicate its determination to the applicant and, in the case of a favourable determina- tion, direct the Registrar to register the applicant on the payment of the prescribed fee.

(4) An application made under this section by an individual who is not a citizen of The Bahamas and who is not a public officer shall not be granted without evidence of a valid work permit issued under the provisions of the Immigration Act.

11. (1) Any individual who is registered under section 10 as an architect and who desires to engage in architectural practice in any year shall prior to the first day of January in that year apply to the Registrar for a licence, and the Registrar shall on payment of the

Registration.

Ch. 191.

Licence.

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prescribed fee issue to him a licence and every individual holding such a licence shall display his licence in a prominent position in his place of practice.

(2) If any individual who is registered as an architect applies on or after the 1st day of January in any year to the Registrar for a licence to practice, the Registrar shall, on payment of the fee prescribed under subsection (1) for such licence, issue to him a licence; and the Registrar shall maintain a separate register of licensed architects which shall be current.

(3) Every licence issued under this section is valid for the year in which it is issued and expires on the 31st day of December in the year in which it was issued.

(4) Every such licence shall be renewed annually upon the application of the holder thereof and the payment of the prescribed fee.

(5) The annual renewal licence fee is payable not later than the 31st day of January in each year.

(6) An individual who is required to pay the annual licence fee under this section and who fails to pay that fee within the time specified in subsection (5) shall, in respect of his licence for that year pay, in addition to that fee, a sum equal thereto.

(7) An individual who fails to comply with subsection (5) and whose licence expires on the 31st day of December of the immediately preceding year shall not be considered to be unlicensed for the purposes of section 23 or 25 during the period commencing with that date and ending on the 31st day of January of the succeeding year.

(8) Where a licence has been lost, destroyed or mutilated it may be replaced by the Registrar by the issue of a copy thereof upon the application of the holder of the licence and on the payment of the prescribed fee.

(9) It shall be the duty of the licensee to inform the Registrar of any changes of address.

(10) A certified copy of any licence made by the Registrar shall be prima facie evidence in any court that the individual to whom the licence relates is a registered architect; and a letter signed by the Registrar stating that an individual is not a registered architect shall be prima facie evidence in any court of that fact.

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12. (1) Every architect registered under section 10 shall upon payment of the prescribed fee be entitled to have a seal issued to him by the Registrar.

(2) The seal shall be of the design authorised by the Board and shall bear the name of the registered architect, his serial number and legend for use in connection with his architectural practice.

(3) The seal and signature of a registered architect shall be affixed to every document or drawing prepared by him and the affixing thereof shall be attested to by another person.

(4) Where a seal and signature purporting to be the seal and signature of a registered architect have been affixed and attested to as aforesaid, the document or drawing to which the seal and signature are affixed shall be deemed to have been prepared by the registered architect to whom the seal and signature belong, or by someone under his direction or supervision and checked by him.

13. The Registrar shall cause to be published in the Gazette

(a) as soon as practicable after the expiration of thirty days after the commencement of this Act, a list containing the name and address of every individual who was a registered architect on the thirtieth day after such commencement; and

(b) thereafter in each year as soon as practicable after the 1st day of January and the 1st day of July, respectively, a list containing the name and address of every architect registered or who ceased to be registered between the 1st day of January and such 1st day of July, both dates being inclusive.

14. Notwithstanding any other provision of this Act, a partnership, an association of persons or a corporation may engage in architectural practice in its own name if at least one of its principal and customary functions is to practise professional architecture and the practice is carried on under the supervision of a member of the partnership or association or a direction of the corporation, or under the supervision of a full-time permanent employee of the partnership, association or corporation,

Seal.

Publication of lists of licensed architects.

Partnerships, etc.

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who is a registered architect; but the partnership, associa- tion of persons or corporation itself shall not be deemed to be registered or licensed to engage in architectural practice.

PART IV DISCIPLINE

15. For the purposes of this Act it shall be improper conduct if an architect registered under this Act —

(a) for the purpose of procuring his registration makes a statement which is false in a material particular;

(b) is convicted by a court in The Bahamas or elsewhere of a criminal offence which, in the opinion of the Board, renders him unfit to be registered;

(c) repeatedly performs defective work to which adequate checks have not been applied;

(d) makes any report in connection with the performance of any architectural practice con- taining any information which he knows to be erroneous in any material particular;

(e) certifies the accuracy of any construction docu- ments knowing the same to be defective;

(f) certifies the accuracy of any construction docu- ments without having personally carried out or supervised the preparation of those documents;

(g) is otherwise guilty of negligence or incompetence in the performance of his functions as an architect.

16. (1) A complaint that an individual registered under this Act has been guilty of improper conduct may be made to the Board by any person and shall be accompanied by such statements and affidavits as may be required by the Board.

(2) Where the Board is of the opinion that any complaint so made might, if established, call for the exercise by a disciplinary committee of any of the disciplinary powers conferred by section 18, the Board shall appoint such a disciplinary committee and shall refer the complaint to the committee.

Improper conduct.

Complaints of improper conduct.

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17. (1) A disciplinary committee appointed under subsection (2) of section 16 shall consist of three members selected by the Board from among registered architects being, as far as possible, persons of a professional standing comparable to or senior to the individual complained against, and one of the members shall be the Chairman of the committee.

(2) In the conduct of the hearing of any complaint the disciplinary committee shall ensure —

(a) that adequate notice of the proceedings is given to the individual complained against; and

(b) that any party to the proceedings may, if he so requires, be heard by the committee either in person or by a counsel and attorney.

(3) At any such hearing the committee may require evidence to be given on oath, and the Chairman shall have the power to administer an oath for that purpose and to issue summonses under his hand requiring the attendance of any person before it, at a time and place to be specified in any such summons, to give evidence on oath or to produce any document relevant to the subject matter of the proceedings.

(4) Any such summons shall be served as if it had been issued by a magistrate, and the attendance before the committee of any person so summoned may be enforced by a magistrate, upon application made to him by the Chairman, as if the proceedings before the committee were proceedings before the magistrate, under the provisions of the Magistrates Act.

18. (1) On the hearing of a complaint the disciplinary committee shall take the recommendations to the Board and the Board may either dismiss the complaint or make such order of a disciplinary nature as it thinks fit, and any such order may in particular provide for any of the following matters, that is to say —

(a) removal of the name from the Register; (b) suspension of registration for a period not

exceeding one year; (c) payment of a penalty (to be forfeited to the

Crown) not exceeding one thousand dollars; (d) payment, by any party to the proceedings, of

costs or of such sum as the Board may consider a reasonable contribution towards the costs in- curred in connection with those proceedings.

Disciplinary committee.

Ch. 54.

Disciplinary powers of the Board.

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(2) Any payment ordered to be made by any person under paragraph (c) or (d) of subsection (1) may be enforced, in the case of an individual registered under this Act, by the Board ordering his registration to be suspended until payment is made and, in any other case, as a judgment debt owed to the Board.

19. (1) Every order made by the Board under section 18 shall be prefaced by a statement of the findings of the disciplinary committee on the facts of the case and shall be signed by the Chairman of the committee.

(2) Every such order shall be filed with the Registrar and shall take effect —

(a) where no appeal under section 26 is brought against the order within the time limited for the appeal, on the expiration of that time;

(b) where such an appeal is brought and is with- drawn or struck out for want of prosecution, on the withdrawal or striking out of the appeal;

(c) where such an appeal is brought and is not withdrawn or struck out as aforesaid, if and when the appeal is dismissed and not otherwise.

(3) The Registrar shall cause a note of the effect of every order filed with him pursuant to subsection (2) to be entered in the Register against the name of the individual to whom the order relates and, except in the case of an order making provision only for costs, shall forthwith upon the taking effect of the order cause a notice stating the effect of the order to be published in the Gazette.

20. (1) On making an order for removal or an order for suspension in respect of any individual the Board, if satisfied that to do so is necessary for the protection of members of the public or would be in the best interests of that individual, may order that his registration in the Register shall be suspended forthwith in accordance with this section.

(2) Where an order under subsection (1) is made in respect of an individual, his registration shall be suspended (that is to say, shall not have effect) from the time when the order is made until the time when the relevant order takes effect in accordance with subsection (2) of section 19 or an appeal against it under section 26 is (in whatever manner) determined.

Orders of the Board.

Power to order immediate suspension.

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(3) The Supreme Court may terminate any suspension of an individual’s registration which has effect by virtue of subsection (2), and the decision of the Court on any application under this subsection shall be final.

(4) In this section “order for removal” means an order under subsection (1) of section 18 for the removal of an individual’s name from the Register, and “order for suspension” means an order under that subsection for the suspension of an individual’s registration in the Register.

21. (1) The Registrar shall remove the name of any registered individual from the Register —

(a) upon the application of that individual; or (b) upon the taking effect of an order of the

Board under subsection (1) of section 18, in relation to that individual:

Provided that where a complaint has been made against any individual under subsection (1) of section 16, his name shall not be removed under paragraph (b) of this subsection until the complaint, or any appeal in relation thereto, has been finally disposed of under this Act.

(2) Where the name of any individual has been removed from the Register or his registration has been suspended, any licence or seal issued to him under section 11 or 12 shall cease to have effect for as long as his name remains off the Register or, as the case may be, suspension continues in force.

(3) Where the name of any individual has been removed from the Register, the Board may, in writing, require such individual to return to the Registrar his licence and seal and such individual shall comply with that requirement.

(4) Any individual who fails without reasonable excuse to return his licence and seal as required by subsection (3) is guilty of an offence and liable on summary conviction to a fine of five hundred dollars or to a further fine of two hundred dollars for each day during which such offence continues.

22. (1) The Board may at any time, upon application being made by any individual whose name has been removed from the Register or whose registration has been suspended, determine if it thinks fit, that such individual’s

Removal of name from Register.

Restoration to Register.

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name shall be restored to the Register or, as the case may be, that his suspension shall cease with effect from such date as the Board may appoint, and shall forthwith give notice of any such determination to the Registrar.

(2) On receipt of notice of a determination made by the Board under subsection (1) in relation to any individual, the Registrar shall forthwith cause the name of that individual to be restored to the Register or, as the case may be, cause a note of the cessation of the suspension to be entered therein, and in either such case shall cause notice of the determination of the Board to be published in the Gazette.

PART V OFFENCES AND PENALTIES

23. (1) No person shall use, or cause to be used, or permit the use of any written words, titles, initials or any abbreviation thereof so as to cause any person to believe that he is registered under this Act or that he holds a licence hereunder, or that he is qualified to act as a registered architect unless he is so registered and there is in force in relation to him a valid licence granted in accordance with this Act.

(2) No person shall take or use or affix to or use in connection with any premises occupied by him, any name, title or description (whether by initials or otherwise) reasonably calculated to suggest that he possesses any professional status or qualification as an architect which he in fact does not possess.

(3) Any person who contravenes any of the provisions of this section is guilty of an offence and liable on summary conviction to a fine of one thousand dollars or to imprisonment for a term of six months or to both such fine and imprisonment.

24. Any person who — (a) wilfully makes or causes to be made any entry in

the Register which is to his knowledge false; or (b) wilfully procures or attempts to procure the

registration of himself or any other individual as an architect or architectural technician, by means of any representation or declaration, either oral or in writing, which is to his knowledge false,

Penalty for improper use of names titles etc.

Penalty for wrongfully procuring registration.

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is guilty of an offence and liable on summary conviction to a fine of one thousand dollars or to imprisonment for a term of six months or to both such fine and imprisonment.

25. Any individual who engages in any architectural practice without first obtaining a licence is guilty of an offence and liable on summary conviction —

(a) to a fine of five hundred dollars; (b) to a further fine of one hundred dollars for every

day or part thereof during which the offence continues after conviction thereof; and

(c) to have his registration suspended by the Board for a period not exceeding three months.

PART VI MISCELLANEOUS PROVISIONS

26. (1) Any individual aggrieved — (a) by the determination of the Board under

subsection (3) of section 10 refusing his applica- tion for registration as an architect or architec- tural technician, as the case may be; or

(b) by an order made by the Board under section 18 in relation to a complaint made by or against him,

may appeal on that account to the Supreme Court in accordance with rules made by the Rules Committee under section 75 of the Supreme Court Act within fourteen days —

(i) in a case falling within paragraph (a), after receipt by him of the notification provided for by this Act; and

(ii) in case falling within paragraph (b), after publication in the Gazette of the notice required by subsection (3) of section 19.

(2) The Supreme Court on the hearing of any such appeal may confirm, reverse or vary the determination or order of the Board and the Board shall give effect to the decision accordingly.

27. Without prejudice to subsection (10) of section 11, a certificate under the hand of the Registrar as to an entry in the Register or as to any act or proceeding of the Board

Practice without licence.

Appeal to Supreme Court.

Ch. 53.

Certificate of Registrar to be evidence.

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shall, until the contrary is proved, be sufficient evidence in any court of any matter so certified.

28. In addition to the powers and duties assigned to the Minister elsewhere in this Act, the Minister shall have the power to —

(a) review the activities of the Board; and (b) request the Board to undertake activities which

in the opinion of the Minister are necessary and advisable for the purpose of giving effect to the intent of this Act.

29. Nothing in this Act shall make the Registrar or any member, employee, agent or appointee of the Board liable to any action or proceeding for any act done in good faith by any such person in the performance of a function, or in the intended exercise in good faith of a function. under this Act.

30. An architectural technician is entitled to make plans and specifications for or supervise the erection, enlargement or alteration of —

(a) any type of building (except .schools, auditoria, or other buildings intended for the mass assem- blage of people or for public use) not exceeding one storey in height or six thousand square feet in area:

Provided that he was engaged as his primary business in the making of plans and specifi- cations for, or supervising the erection, enlarge- ment, or alteration of similar buildings for two years or more before the commencement of this Act and that he has notified and provided evidence to the satisfaction of the Board that he was so engaged on those projects one year — before the commencement of this Act;

(b) any single-family residence building or any domestic, agricultural or industrial out-building appurtenant to any single family residence not exceeding one storey in height or six thousand square feet in area and not offered for sale; and proof of sale of any such structure by the owner within twelve months of the issue of the relevant

Review of Board activities.

Immunity of certain person acting under this Act.

Exemptions from provisions of this Act. 5 of 1996, s. 55 and Fifth Sch.

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Occupancy Certificate or before shall be pre- sumptive evidence that the construction was undertaken for the purposes of sale.

(2) Nothing contained in this Act shall be construed to prevent any employee of an architect from acting in any capacity under the instruction, control, or supervision of the architect or prevent any person from acting as a contractor in the execution of work designed by an architect.

(3) Any person who is capable of making plans outlined in subsection (1) and who is not in regular architectural practice may, with the approval of the Board, make a plan of his own dwelling or other building as a single exercise.

(4) Any citizen of The Bahamas or permanent resident of The Bahamas (as defined in section 2(1) of the Immigration Act) is entitled to make plans and specifica- tions for or supervise the erection, enlargement or alteration of any dwelling unit; shop or restaurant not exceeding one storey in height or three thousand square feet in area.

(5) Nothing in subsection (1) or (4) shall be construed as authorising —

(a) an architectural technician to make plans and specifications for or to supervise the enlargement or alteration of a building to a size beyond six thousand square feet; or

(b) a citizen or permanent resident of The Bahamas to make plans and specifications for or to supervise the enlargement or alteration of a building to a size beyond three thousand square feet.

31. The Minister after consultation with the Board may make regulations —

(a) prescribing the form of and the method of keeping the Register;

(b) prescribing the particulars which the Register shall contain;

(c) prescribing the form of application, form of licence, seal and other documents required for the purposes of this Act;

5 of 1996, s. 55 and Fifth Sch.

5 of 1996, s. 55 and Fifth Sch.

Regulations.

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(d) prescribing the fees payable in respect of the examination and registration of individuals, the issue, renewal and replacement of licences and seals and any alterations or additions to the Register;

(e) prescribing the subject matter of the prescribed examination to be conducted by the Board, the standards required of successful candidates and the conditions governing the grant of exemptions from any of the requirements of the regulations in relation thereto;

(f) regulating the proceedings of the Board and any other matter necessary for the efficient discharge of its functions under this Act;

(g) prescribing additional works and processes which constitute the practice of architectural practice;

(h) prescribing general standards of professional conduct for registered architects;

(i) prescribing penalties, not exceeding a fine of five hundred dollars for the breach of any such regulations;

(j) prescribing any other matter or thing authorised or required by this Act to be prescribed.

32. Any expenses incurred in carrying this Act into effect shall be defrayed out of moneys provided by Parliament.

33. (1) Notwithstanding any provision of this Act, an individual who immediately before the date of the commencement of this Act was practicing in The Bahamas as a professional architect or architectural technician may continue to do so, without being registered —

(a) for the period of six months beginning with that date; and

(b) if before the expiration of that period he applies for registration under this Act, until he is registered or until such application is finally refused or is withdrawn.

Expenses under this Act.

Transitional provisions.

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(2) Notwithstanding any provision of this Act, the first Professional Architects Board shall consist of six individuals who are eligible to be registered as architects and who shall be appointed by the Minister acting in his discretion.

(3) A member of the Board appointed under subsection (2) of this section shall hold office until the 31st day of December, 1995 but shall be eligible thereafter for membership of the Board.

(4) The provisions of this Act shall apply mutatis mutandis to a Board constituted under subsection (2) of this section, and to any member of the Board as if he were a member appointed under section 3(2)(b) of this Act, save that the Minister shall not be required to consult any association of architects when acting in pursuance of section 4(3) of this Act.

34. Save as otherwise provided in this Act, nothing in this Act shall extend or be construed to extend or prejudice or in any way affect the practice by any person of any profession or occupation under and in accordance with any written law authorising such practice.

14 of 1995, s. 2.

14 of 1995, s. 2.

14 of 1995, s. 2.

Saving.