Architects Registration Act

PROFESSIONAL ARCHITECTS ARRANGEMENT OF SECTIONS PART I

Schedule 2 - Categories of persons who may be specially registered Schedule 3 - The Disciplinary Committee

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PROFESSIONAL ARCHITECTS

An Act to provide for the registration of architects and architectural technicians, for the regulation and control of architectural practice and related purposes.

“belonger” means a person who belongs to the Virgin Islands by virtue of the Virgin Islands Constitution Order “Board” means the Architects Registration Board established in accordance with section 3; THIS IS A DRAFT DOCUMENT -- 2

“certificate of registration” means a certificate issued pursuant to section 8; “certificate of temporary registration” means a certificate issued pursuant to section 11; “Chairperson” means the Chairperson of the Board;

formed by this Act consisting initially of architects in the Virgin Islands Architects and Engineers Association that are belongers and/or still reside in the Virgin Islands.; “UNESCO-UIA” refers to the UNESCO-UIA validation system for architectural education.

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PART II REGISTRATION OF ARCHITECTS 3. Establishment of Board.

granted; (k) to register and regulate Architectural Technicians and to regulate their development; and THIS IS A DRAFT DOCUMENT -- 4

(l) ensure the maintenance of acceptable standards of professional conduct by persons registered as architects or architectural technicians pursuant to this Act. (2) The Board shall have the power to

The Virgin Islands, or who is not a Public Officer, shall not be favourably determined without the concurrence of the Minister responsible for Immigration.

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(3) As soon as practicable after receipt of an application under subsection (1), and within nintey days, the Board shall consider the application for initial registration and make a determination as to whether or not the applicant should be registered.

(4) An application pursuant to this section shall be accompanied by the prescribed fee. Provided

(6) A certificate of registration shall take effect on the date specified on the certificate as the date on which it is to take effect and shall expire on the 31st day of December in the year in which it was issued.

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(7) A certificate of registration shall be subject to such conditions (if any) as the Board may determine and shall be renewed upon (a) application of the holder thereof,

9. Qualifications for registration.

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A person shall be eligible for initial registration, as an architect pursuant to this Act if he or she satisfies the Board that (a) he or she

(1) A person within any of the categories specified in Schedule 2 may on application to the Board in the prescribed manner and upon payment of the prescribed fee, be specially registered to carry

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on the practice of architecture for such time and on such conditions that the Board may, with the approval of the Minister, specify.

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

(c) for such period in the first instance or any subsequent instance, not exceeding in the first instance one year; and subject to such other terms and conditions as may be specified in the certificate.

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(4) The names, addresses, qualifications and such other particulars as may be prescribed of all persons to whom temporary certificates of registration are issued under this section shall be entered in a separate part of the register.

(5) The Board may, in its discretion, extend the period or vary the terms and conditions specified

(1) In determining whether a person who applies for registration is qualified to be registered under this Act, the fact that the person (a) adopts or refrains from adopting, or

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(b) intends to adopt or refrain from adopting, the practice of any particular theory of architectural design shall not be taken into consideration.

14. Additional qualifications.

than three years, or changed his or her address, it may direct the Registrar to send to the person a registered letter, at his or her address as it appears in the Register, enquiring whether he or she has ceased to practice as an architect, or has changed his or her address.

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(3) Where the Registrar receives no response to a letter sent pursuant to subsection (2) within three months from the date of the posting he or she shall send to that person another letter in a similar manner.

(4) Where the Registrar receives no response to the letter sent pursuant to subsection (3) within

(a) practices any branch of the profession of architecture; (b) by any verbal claim, sign, advertisement, letterhead, card or in any other way, represents him or herself to be an architect;

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(c) through the use of some other title, implies that he or she is an architect or that he or she is registered pursuant to this Act; or (d) holds himself or herself out as being able to perform or does perform any architectural service or work.

issue a certificate of authorisation to an organisation, partnership, association or corporation which satisfies the Board that (a) the practice of architecture is or will be its principal function; and

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(b) the practice of architecture is or will be carried out under the responsibility and supervision of at least one member or full-time employee of the organisation who is a registered architect.

(3) Any application made pursuant to subsection (2) shall be accompanied by the prescribed fee.

(d) conducted itself in a manner that would, in the case of a registered architect, have been professional misconduct, it may suspend or cancel the certificate of authorisation and direct the Registrar to remove its name from the Register.

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(10) Any person who is a registered architect and is a member or full-time employee of an organisation, partnership, association or corporation which he or she knows (a) engages in the practice of architecture without a valid certificate of authorisation issued by the Board; or

the Board may permit, a new application in accordance with the provisions of this Act and, if he or she fails to do so, the Board may cancel his or her registration.

20. Practice of architecture by persons not registered under this Act.

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(1) Subject to section 21, the provisions of this Act shall not prevent a person who is not a registered architect from; (a) engaging in those aspects of the practice of architecture that include drafting or supervising works as an owner, contractor, superintendent or clerks of works;

21. Validity of architect’s documentation.

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After the commencement of this Act, a certification, drawing, valuation, declaration or other document required by any enactment to be signed by an architect shall not be valid, unless the person signing it is registered pursuant to this Act. PART III- DISCIPLINE

(iii) impose such conditions as the Board may specify concerning the practice of architecture of that person, organisation, partnership, association or corporation;

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(iv) declare that the person, organisation, partnership, association or corporation is, in its opinion, unfit to be registered as an architect or authorised organisation under this Act and may give a written order to the Registrar to cancel the registration of such person, organisation, partnership, association or corporation.

Board has been communicated in writing to the appellant.

(5) In deciding an appeal, the Judge may substitute his or her own opinion for the opinion of the Board upon any matter and may, in his or her own discretion, order the Board to take any action which it is empowered to take under this Act. THIS IS A DRAFT DOCUMENT -- 18

25. Rules made by Board.

(1) The Board may, with the approval of the Minister, make rules in relation to the promotion by the Board, in the public interest, of acceptable standards of professional conduct among registered architects and authorised organisations, partnerships, associations and corporations.

(e) prescribing the form of any application, notice, certificate of registration, certificate of temporary registration, seal or other document required for the purposes of this Act;

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(f) prescribing the subject matter of the prescribed examination, the standards required for the successful completion of the prescribed examination and the conditions governing the grant of exemptions from any of the requirements of any regulations relating to the prescribed examination;

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

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28. Government employed architects Except for his or her salary as a Government employee, an architect employed in the public service shall not be entitled to recover, in any action, any fee, charge, gratuity, remuneration or other reward for services rendered or offered in his capacity as a government employed architect.

of the Board after the 1st day of January of each year.

(4) The Chairperson of the Board shall preside at all meetings of the Board and if at any meeting of the Board, the Chairperson is absent or unable to act the members present and constituting a

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quorum shall elect from among themselves a member to act as Chairperson in respect of that meeting.

Members

be affixed to instruments pursuant to a resolution of the Board.

(2) The seal of the Board shall be authenticated by the signature of the Chairperson or any person performing the duties of the Chairperson and shall be judicially noticed.

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(3) All documents, other than those required by law to be under seal, made by and all decisions of the Board may be signified under the hand of the Chairperson or any other member authorised to act in that behalf or by the Secretary with the approval of the Board.

Meetings

10. (1) A member of the Board shall not be personally liable for any act or default of the Board done or omitted to be done in good faith in the course of the operations of the Board.

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(2) Where any member of the Board is exempt from liability by reason only of the provisions of this paragraph, the Board shall be liable to the extent that it would be if the member were a servant or agent of the Board.

Remuneration

The Disciplinary Committee

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1. Subject to the provisions of this Schedule, the members of the Disciplinary Committee shall hold office for such period not exceeding two years as the Board may determine and shall be eligible for reappointment.

2. (1) The Board shall appoint one of the members of the Committee to be the Chairperson of the

transaction of business and the meetings shall be held at such places and times and on such days as the Committee shall determine.

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(2) The quorum of the Committee shall be such number as is two less than the full complement of the Committee.

(3) Subject to the provisions of this Schedule and to any rules made by the Board, the Committee shall have power to regulate its own proceedings.

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