Statutory Instrument 1988 No. 2241

The Architects' Qualifications (EC Recognition) Order 1988

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© Crown Copyright 1988

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1988 No. 2241

ARCHITECTS

The Architects' Qualifications (EC Recognition) Order 1988

At the Court at Buckingham Palace, the 21st day of December 1988

Present,

The Queen's Most Excellent Majesty in Council

Her Majesty, in exercise of the powers conferred on Her by section 2(2) of the European Communities Act 1972^[1], is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:

Citation and commencement
    1.    This Order may be cited as the Architects' Qualifications (EC Recognition) Order 1988 and shall come into force on 1st February 1989.

Recognition of EC Qualifications in Architecture
    2.    The Architects (Registration) Act 1931^[2] shall be amended by substituting for section 6A^[3] the following section and for the Fourth and Fifth Schedules^[3] the Schedules set out in the Schedule to this Order:—
    "6A.—(1)  Subject to the provisions of this Act, a national of a member State who satisfies any of the requirements mentioned in subsection (2) shall, on application made to the Council in the prescribed manner and on payment of the prescribed fee, be entitled to be registered under this Act in pursuance of this section.

    (2)  The requirements referred to in subsection (1) are that the person holds—
(a) a qualification which—
(i) is mentioned in the Fourth or Fifth Schedules, or

(ii) satisfies the requirements of Articles 3 and 4 of the Directive and is included in a list published from time to time in the Official Journal of the European Communities in accordance with Article 7 of the Directive;

(b) a certificate issued by a competent authority of a member State, in accordance with Article 12 of the Directive, stating that he has been, no later than the date on which that member State implemented the Directive, authorised in that member State to use the title of architect and that he has pursued activities in the field of architecture effectively for at least three consecutive years during the five years preceding the issue of the certificate;

(c) a certificate issued by a competent authority of a member State, in accordance with Article 5 of the Directive, stating that he is, by reason of his distinguished achievements in the field of architecture, entitled to use the title of architect.


    (3)  A qualification mentioned in Part I of the Fourth Schedule, Part I of the Fifth Schedule, or which complies with subsection (2)(a)(ii), shall be accompanied by a certificate issued by a competent authority of a member State, in accordance with Article 23(2) of the Directive, stating that he has gained at least two years practical training experience in that member State under the supervision of a person established as an architect in that member State.

    (4)  A qualification mentioned in Part II of the Fourth or Part II of the Fifth Schedule shall be accompanied by a certificate issued by a competent authority of the Federal Republic of Germany, in accordance with Article 4(1) of the Directive, stating that he has gained at least four years appropriate professional experience in the Federal Republic of Germany.

    (5)  The course of study leading to a qualification mentioned in the Fifth Schedule shall, subject to any earlier date specified in that Schedule in respect of the award of any such qualification, have commenced not later than the beginning of the first academic year after 5th August 1987.

    (6)  Where a person holds a certificate issued by a competent authority of the Federal Republic of Germany stating that a qualification awarded to that person by an institution in the German Democratic Republic after 8th May 1945 is of equivalent effect to a qualification listed in the Fourth or Fifth Schedule to this Act or complies with subsection (2)(a)(ii), that person shall, for the purposes of this Act, be deemed to hold a qualification which satisfies the requirements of this section.

    (7)  The Council may refuse to register a person in pursuance of this section if they are aware that there is a disqualifying decision in another member State in force in respect of that person.

    (8)  The Council shall cause a written notice of their decision on any application for registration in pursuance of this section to be served on the applicant within three months of his application being duly made.

    (9)  If, in pursuance of Article 17(4) or 18(2) of the Directive, the Council consult a member State in respect of an application under this section, the period mentioned in subsection (8) shall be extended by such period as may elapse between initiating the consultation and the receipt by the Council of a final reply from that member State.

    (10)  A person who is registered in accordance with this section shall, when using his academic title or any abbreviations of it, express such title or abbreviation in the language or one of the languages of the member State in which the body conferring the title is located and shall follow the title or any abbrevation of it with the name and location of the body conferring the title."

Revocation
    3.    Articles 5 and 6 of, and the Schedule to, the Architects' Qualifications (EEC Recognition) Order 1987^[4] are hereby revoked.

G.I. de Deney

Clerk of the Privy Council

[1] 1972 c. 68. back

[2] 1931 c. 33. back

[3] Inserted by S.I. 1987/1824. back

[4] S.I. 1987/1824. back

Explanatory Note