Statutory Instruments
2002 No. 2842
ARCHITECTS
The Architects' Qualifications (EC Recognition) Order 2002
Made
20th November 2002
Laid before Parliament
2nd December 2002
Coming into force
23rd December 2002
At the Court at Buckingham Palace, the 20th day of November 2002
Present,
The Queen’s Most Excellent Majesty in Council
Her Majesty, in exercise of the powers conferred upon 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 I1
1. This Order may be cited as the Architects' Qualifications (EC Recognition) Order 2002 and shall come into force on 23rd December 2002.
Amendment of Act I2
2. The Architects Act 1997( 2 ) is amended in accordance with Articles 3 to 6 below.
Registration: general I3
3. —(1) Section 4 (registration: general) is amended as follows.
(2) After subsection (2) insert—
“ (2A) Subsection (2B) applies where it appears to the Board that the applicant is a national of an EEA State who—
(a) holds a qualification recognised in an EEA State, other than the United Kingdom, as equivalent to a recognised EEA qualification, an established EEA qualification or a relevant EEA certificate (within the meaning of section 5); or
(b) has undergone significant training or has gained significant experience in an EEA State, other than the United Kingdom.
(2B) Where this subsection applies the Board, in determining the standard of competence of the applicant under subsection (1)(b)—
(a) shall take into account the qualification, training or experience; and
(b) may not require the applicant to pass a prescribed examination in architecture unless the Board considers it appropriate in the circumstances of the applicant’s case. ”
Registration: further procedural requirements I4
4. —(1) Section 6 (registration: further procedural requirements) is amended as follows.
(2) Substitute for subsection (4):
“ (4) The Registrar shall serve on an applicant written notice of the decision on his application.
(4A) A notice under subsection (4) shall be served—
(a) in the case of an application under section 4(1)(a) or 5 or to which section 4(2B) applies, within three months of his application being made; and
(b) in all other cases, within six months of his application being made.
(4B) Notice of a refusal in the case of an application under section 5 or to which section 4(2B) applies, shall state reasons for the refusal. ”
Appeals I5
5. After section 22 (appeals) add:
“ 22A. —(1) A person may appeal to the High Court or the Court of Session if he has made an application under section 5 or to which section 4(2B) applies and is aggrieved by—
(a) the refusal of his application; or
(b) the failure of the Registrar to comply with section 6(4A).
(2) In the case mentioned in subsection (1)(a), an appeal must be brought within three months from the date on which notice of the refusal is served.
(3) In the case mentioned in subsection (1)(b), an appeal must be brought within three months from the end of the period specified in section 6(4A)(a).
(4) On an appeal under this section the Court may make any order which appears appropriate.
(5) No appeal shall lie from a decision of the Court on an appeal under this section. ”
Interpretation
F1 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A.K. Galloway
Clerk of the Privy Council
1972 (c. 68) . Section 2(2) of the 1972 Act includes power to make provision in relation to the European Economic Area by virtue of section 2(5) of the European Economic Area Act 1993 (c. 51) .