ARCHITECTS REGISTRATION ACT

ARRANGEMENT OF SECTIONS

PART I
Preliminary

   1   Short title

   2   Interpretation

 

PART II
Registration of Architects

   3   Establishment of Board

   4   Functions of the Board

   5   Registrar

   6   The register

   7   Application for registration

   8   Registration

   9   Qualifications for registration

   10   Special registration

   11   Temporary registration

   12   Additional qualifications

   13   Corrections of register

   14   Entitlement to recover fees, etc

   15   Prohibitions affecting non-registered architects

   16   Organisations

   17   Improper registration

 

PART III
Discipline

   18   Disciplinary Committee

   19   Disciplinary powers of the Board

   20   Appeals

   21   Rules made by Board

 

PART IV
Miscellaneous

   22   Evidential provisions

   23   Regulations

      Minister may amend penalties, etc by order

 

PART V
Transitional

   24   Registration of persons practising as architects at the commencement of this Act

      SCHEDULES

 

THE ARCHITECTS REGISTRATION ACT

[Date of Commencement: 2nd November, 1987]

Acts
12 of 1987,
4 of 2005.

PART I
Preliminary (sections 1-2)

1   Short title

   This Act may be cited as the Architects Registration Act.

2   Interpretation

   (1) In this Act-

   "authorised organisation" . . .

[4/2005 s 2(b).]

   "Board" means the Architects Registration Board established in accordance with section 3;

   "Caribbean Community" means the Caribbean Community established by Article 2 of the Revised Treaty of Chaguaramas signed in the Bahamas on the 5th day of July, 2001 and includes the CARICOM Single Market and Economy;

[4/2005 s 2(c).]

   "Chairman" means the Chairman of the Board;

   "functions" includes duties and powers;

   "Jamaica Institute of Architects" means the unincorporated organisation constituted on the 31st day of March, 1978, under the name of the Jamaica Institute of Architects,

   "member of an organisation" . . .

[4/2005 s 2(b).]

   "Member State" means a Member State of the Caribbean Community excluding an Associate Member within the meaning of Article 231 of the Revised Treaty of Chaguaramas;

[4/2005 s 2(c).]

   "organisation" . . .

[4/2005 s 2(b).]

   "practice of architecture" means the rendering or offering to render forward the services of an architect registered under this Act;

   "register" means the register of architects kept by be Registrar in accordance with the provisions of section 6,

   "registered architect" means a person registered as an architect under this Act;

   "Registrar" means the Registrar designated pursuant to section 5;

   "secretary" means the secretary of the Board.

   "Member State" means a Member State of the Caribbean Community excluding an Associate Member within the meaning of Article 231 of the Revised Treaty of Chaguaramas.

   (2) For the purposes of this Act, a person is a national of a Member State if that person is-

   (a)   a citizen of that state; or

   (b)   has a connection with that state of a kind which entitles him to be regarded as belonging to or, if it be so expressed, as being a native or resident of the state for the purposes of the laws thereof relating to immigration.

[4/2005 s 2(d).]

PART II
Registration of Architects (sections 3-17)

3   Establishment of Board

   (1) There shall be established for the purposes of this Act a body to be called the Architects Registration Board which shall be a body corporate to which the provisions of section 28 of the Interpretation Act shall apply.

   (2) The provisions of the First Schedule shall have effect with respect to the constitution and procedures of the Board and otherwise in relation thereto.

4   Functions of the Board

   (1) The Functions of the Board shall be-

   (a)   to register architects;

   (b)   to regulate the practice of architect in Jamaica;

   (c)   to ensure the maintenance of acceptable standards of professional conduct by persons registered as architects under this Act.

   (2) The Board shall have power-

   (a)   to appoint examiners to conduct such examinations in respect of persons applying for registration as architects as may from time to time be necessary under the provisions of this Act;

   (b)   to prescribe the procedure to be followed in respect of disciplinary proceedings against architects in relation to professional conduct; and

   (c)   to do all such things as may appear to it to be necessary or desirable for carrying out its functions under this Act.

5   Registrar

   The Minister shall designate, by general notice, a person to be the Registrar of Architects who shall also be secretary of the Board.

6   The register

   (1) The Board shall cause the Registrar to keep a register (to be known as the Register of Architects) of the names, addresses qualifications and such other particulars as may be prescribed of all persons who are registered as architects pursuant to this Act.

   (2) The register shall be open to inspection by any member of the public at all reasonable times and a copy of the register shall be published in the Gazette by the Registrar at such times and in such manner as may be prescribed.

7   Application for registration

   (1) Every application for registration as an architect under this Act shall be in the prescribed form signed by the applicant and delivered to the Registrar and shall set out the grounds on which the applicant claims to be entitled to registration.

   (2) The Board may require such evidence of identity or such verification of any matter alleged by the applicant or such further information relating to the application as it thinks requisite.

   (3) Every application under this section shall be accompanied by the prescribed fee.

8   Registration

   (1) If the Board is satisfied in relation to any application registration that-

   (a)   the provisions of section 7 have been complied with; and

   (b)   the applicant is qualified for registration under the provisions of this section and section 9 or 24,

the Board shall register the applicant as an architect and shall notify the applicant in writing accordingly and shall direct the Registrar to issue to him in the prescribed form a certificate of registration.

   (2) For the purposes of registration under this Act, the Board may require any applicant to submit to such examination relating to his competence as an architect as the Board thinks necessary.

   (3) If the Board is not satisfied as to the eligibility of the applicant to be registered under this Act it shall refuse to register the applicant and shall notify him in writing accordingly and shall inform him of the right of appeal conferred by section 20.

   (4) Every person registered as an architect under this Act shall be entitled to carry on the practice of architecture in Jamaica and to demand and recover any reasonable charges for services rendered by him as an architect.

9   Qualifications for registration

   Every person shall be entitled to be registered as an architect under this Act who satisfies the Board-

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   (a)   that he is a national of Jamaica or of another Member State;

[4/2005 s 3(a).]

   (b)   that he is of good character and reputation; and

   (c)   that he fulfills the following requirements, namely-

[4/2005 s 3(b)(i).]

         (i)   that he is a member of, or holds a certificate granted by an institution, or other body recognised by the Board as having competence to approve qualification as an architect, or

[4/2005 s 3(b)(ii).]

      (ii)   that he has had at least two years practical experience in architectural work under the supervision of a registered architect (at least one year of which was in a Member State) and has passed such examinations as may be required by the Board.

[4/2005 s 3(b)(iii).]

10   Special registration

   (1) Notwithstanding anything to the contrary, any person who comes within any of the categories of persons specified in the Second Schedule may, on application to the Board in the prescribed manner and on payment of the prescribed fee, be specially registered to carry on the practice of architecture for such time and on such conditions as the Board may with the approval of the Minister specify.

   (2) The Minister may, after consultation with the Board, by order amend the Second Schedule so as to add to or remove any of the categories of persons specified therein.

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