Architects
(Registration) (Jersey) Law 1954
A LAW to require the registration of
architects and to provide for matters incidental thereto
Commencement [see endnotes]
1 Interpretation[1]
(1) In this Law, unless the
context otherwise requires –
“Court” means the Royal Court;
“Minister” means the Minister
for Sustainable Economic Development;
“registered person” means a person registered as an
architect in pursuance of this Law.[2]
(2) A person shall not, for
the purposes of this Law, be treated as not practising by reason only that the person
is in the employment of another person.
2 Restriction
on use of title “Architect”
(1) Subject to the
provisions of this Law, it shall not be lawful for any person to practise or
carry on business under any name, style or title containing the word
“architect” unless the person is a registered person:
Provided that nothing in this Article shall be deemed to
affect –
(a) the
use of the designation “Naval architect”, “Landscape
architect” or “Golf-course architect”; or
(b) the
validity of any building contract in customary form.[3]
(2) A person who
contravenes paragraph (1) shall be guilty of an offence and liable to a
fine of level 3 on the standard scale.[4]
3 Registration[5]
(1) No person shall be
entitled to be registered as an architect in pursuance of this Law unless the person
fulfils the requirements for registration prescribed by Order of the Minister.
(2) An application for registration
as an architect in pursuance of this Law shall be made to the Court and shall
contain such particulars and shall be accompanied by such proof, as may be
prescribed by Order of the Minister, that the person fulfils the requirements
for registration prescribed under paragraph (1).
(3) The prescribed
requirements by virtue of which a person is registered as an architect in
pursuance of this Law shall be set out in the act of the Court ordering the
registration.
(4) An Order made under
paragraph (1) or (2) may make such transitional provision and savings as
the Minister thinks fit.
3A Mandatory condition of
registration[6]
(1) It shall be a condition
of a person’s registration as an architect in pursuance of this Law that
the person notifies the Judicial Greffier, without delay, of any of the
following events –
(a) a
change in the person’s name or address;
(b) the
person ceasing to fulfil the requirements for registration prescribed under
Article 3(1).
(2) The Court may, in
making a decision in pursuance of Article 4(1) in respect of a person,
have regard to any failure of the person to comply with a condition imposed by
paragraph (1) of this Article.
4 Power
of Court to refuse, suspend or cancel registration
(1) Where, in the opinion
of the Court, an applicant for registration in pursuance of this Law or a
registered person has been convicted of any such criminal offence or has been
guilty of such misconduct as, in the opinion of the Court, renders it
undesirable that the applicant or registered person should be entitled to
practise as an architect, the Court may, on the motion of the Attorney General,
refuse to register the applicant or, as the case may be, suspend or cancel the
registration of the person registered.
(2) Any decision of the
Court in pursuance of paragraph (1) may, either on the motion of the
Attorney General or on the application of the person concerned, be varied by a
subsequent decision.
5 Requirement
to cancel registration[7]
(1) The Court, on the
motion of the Attorney General, shall order that the registration of any
registered person be cancelled where the person ceases to fulfil the
requirements for registration prescribed under Article 3(1).
(2) The Court may, on the
application of a person whose registration has been cancelled under paragraph (1),
rescind the order made under paragraph (1) and direct that the
person’s name be restored to the list, if the Court is satisfied that the
qualification or authority to practise by virtue of which the person fulfilled
the requirements for registration prescribed under Article 3(1) has been
reinstated.
6 List
of registered persons to be kept
(1) The Judicial Greffier
shall make and keep posted in the Lobby of the Royal Court House, a list of
registered persons, showing their names and addresses and the prescribed
requirements by virtue of which they were registered in pursuance of this Law.[8]
(2) The Judicial Greffier
shall, as directed by orders of the Court under this Law, add names to the
list, or remove them.[9]
(3) The Judicial Greffier
shall also –
(a) amend
an entry in the list for a person, when notified of a change in the
person’s name or address; and
(b) remove
a person’s name from the list –
(i) upon receipt of
the registered person’s written request that his or her registration is
cancelled, or
(ii) if
satisfied that the person has died.[10]
7 Penalty
for fraudulently obtaining registration
If any person wilfully procures or attempts to procure himself or
herself to be registered as an architect in pursuance of this Law by making or
producing or causing to be made or produced any false or fraudulent
representation or declaration, either verbally or in writing, or any false or
fraudulent certificate, the person shall in respect of each offence be liable
to imprisonment for a term of 2 years and to a fine. [11]
8 Saving
for co-operative societies, etc.
Nothing in this Law shall prevent a body corporate, firm or
partnership from carrying on business under the style or title of
architect–
(a) if the business of the
body corporate, firm or partnership so far as it relates to architecture is
under the control and management of a superintendent who is a registered person
and who does not act at the same time in a similar capacity for any other body
corporate, firm or partnership; and
(b) if in every premises
where such business as aforesaid is carried on and is not personally conducted
by the superintendent, such business is conducted under the direction of the
superintendent by an assistant who is a registered person.
8A Validation[12]
(1) The registration of a
person in pursuance of this Law, on or after 21st July 1997 and before 21st
November 2011, shall not be invalid by reason only that, at the time of such
registration, the person was not registered in pursuance of the Architects (Registration)
Act 1931, if the person was, at that time, registered in pursuance of the Architects
Act 1997.
(2) A person to whom
paragraph (1) applies shall not, by reason only of any defect in his or
her registration before 21st November 2011, incur any civil or criminal
liability.
9 Citation
This Law may be cited as the Architects (Registration) (Jersey)
Law 1954.