Jersey Law 16/1954

 

ARCHITECTS (REGISTRATION) (JERSEY) LAW, 1954.

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A LAW     to require the registration of architects and to provide for matters incidental thereto, sanctioned by Order of Her Majesty in Council of the

 

15th day of JULY, 1954.

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(Registered on the 21st day of August, 1954).

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STATES OF JERSEY.

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The 21st day of May, 1954.

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THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, have adopted the following Law:  -

ARTICLE 1

INTERPRETATION

(1)           In this Law, unless the context otherwise requires –

“the appointed day” means the thirtieth day after the date of the promulgation of this Law;

“the Architects Act” means the Architects (Registration) Act, 1931 (21 and 22 Geo. 5, c.33);

“the Architects’ Registration Council” means the Architects’ Registration Council of the United Kingdom established for the purposes of the Architects Act;

“the Court” means the Inferior Number of the Royal Court;

“registered person” means a person registered as an architect in pursuance of this Law;

“the Register of Architects” means the Register of Architects kept in pursuance of the Architects Act.

(2)           A person shall not, for the purposes of this Law, be treated as not practising by reason only that he is in the employment of another person.

ARTICLE 2

RESTRICTION ON USE OF TITLE “ARCHITECT”

(1)           Subject to the provisions of this Law, it shall not be lawful for any person, on or after the appointed day, to practise or carry on business under any name, style or title containing the word “architect” unless he 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.

(2)           If any person acts in contravention of the provisions of this Article, he shall be liable in respect of each offence to a fine not exceeding fifty pounds sterling and, in the case of a continuing offence, to a further fine not exceeding ten pounds sterling for every day on which the offence continues after conviction.

ARTICLE 3

REGISTRATION

(1)           Subject as provided by Article 4 of this Law, no person shall be entitled to be registered as an architect in pursuance of this Law unless he is duly registered as an architect in pursuance of the Architects Act.

(2)           An application for registration as an architect is pursuance of this Law shall be made to the Court and shall be accompanied –

(a)     by a certificate signed on behalf of the Architects’ Registration Council, stating that the applicant is registered in the Register of Architects and specifying the qualifications by virtue of which he was so registered; or

(b)     by such other evidence that the applicant is duly registered as an architect in pursuance of the Architects Act as the Court may require.

(3)           Where the applicant is an alien, the Court may require him to produce a duly authenticated certificate of good character.

(4)           The qualifications 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.

ARTICLE 4

RIGHT OF CERTAIN PERSONS TO BE REGISTERED

Notwithstanding the provisions of paragraph (1) of Article 3 of this Law, a person shall, on application made to the Superior Number of the Royal Court within three months from the appointed day, be entitled to be registered as an architect in pursuance of this Law if he proves to the satisfaction of the court that, at the date on which this Law was passed by the States, he had been practising as an architect in the Island throughout the three years immediately preceding that date and had, during that time, been engaged in no other profession, trade or business, and, save as aforesaid, the provisions of Article 3 of this Law shall apply, with the necessary modifications, to any application made under this Article.

ARTICLE 5

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 he 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) of this Article may, either on the motion of the Attorney General or on the application of the person concerned, be varied by a subsequent decision.

ARTICLE 6

PROCEDURE WHERE NAME OF ARCHITECT REMOVED FROM OR RESTORED TO REGISTER OF ARCHITECTS

(1)           The Court, on the motion of the Attorney General, shall order that the registration of any registered person be cancelled where the Architects’ Registration Council has caused the name of that person to be removed from the Register of Architects.

(2)           Where the Architects’ Registration Council has caused the name of any person, in respect of whom an order under this Article has been made, to be restored to the Register of Architects, the Court shall, on the application of the person concerned, rescind the said order.

ARTICLE 7

LIST OF REGISTERED PERSONS TO BE KEPT

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 qualifications by virtue of which they were registered in pursuance of this Law.

ARTICLE 8

PENALTY FOR FRAUDULENTLY OBTAINING REGISTRATION

If any person wilfully procures or attempts to procure himself 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, he shall in respect of each offence be liable to a fine not exceeding one hundred pounds sterling or to imprisonment for a term not exceeding one year.

ARTICLE 9

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.

ARTICLE 10

SHORT TITLE

This Law may be cited as the Architects (Registration) (Jersey) Law, 1954.