What is Architects Rules 1991?

Architects Rules 1991 is Singapore Subsidiary Legislation, cited as Subsidiary Legislation AA-R1 1991, currently marked in force and first recorded in 1991.

Is Architects Rules 1991 still in force?

Yes — Architects Rules 1991 is currently in force.

When did Architects Rules 1991 take effect?

Architects Rules 1991 was first recorded in 1991.

How many regulations does Architects Rules 1991 have?

Architects Rules 1991 contains 46 regulations.

Where can I read the official version of Architects Rules 1991?

The official text of Architects Rules 1991 is published at sso.agc.gov.sg.

Architects Rules 1991 (AA-R1)

Regulation 2

Application for registration

Subregulation 1

An application for registration under section 15(1) of the Act made by a person who satisfies the Board as to the criteria mentioned in section 15(2) of the Act must be —

(a)

made to the Board in the form set out at the Internet website of the Board at https://www.boa.gov.sg/forms/form_1_application_for_registration.pdf; and

(b)

accompanied by —

(i)

the appropriate fee specified in the Schedule;

(ii)

a copy of the identity card under the National Registration Act 1965, passport or other similar official document of identity relating to the person; and

(iii)

a copy of the qualification by which the person claims to be entitled to the registration.

Subregulation 2

An application for registration under section 15(2A) of the Act made by a foreign architect seeking to engage in the practice of architecture in Singapore independently must be —

(a)

made to the Board in the form set out at the Internet website of the Board at https://www.boa.gov.sg/forms/APEC_architect_registration_form_foreign.pdf; and

(b)

accompanied by —

(i)

the appropriate fee specified in the Schedule;

(ii)

a copy of the identity card under the National Registration Act 1965, passport or other similar official document of identity relating to the foreign architect;

(iii)

a copy of any degree, diploma or other qualification obtained by the foreign architect that relates to the practice of architecture;

(iv)

any document showing the type of training in architecture received by the foreign architect;

(v)

a document showing that the foreign architect is authorised to practise as an architect, issued by the foreign registration authority of a participating jurisdiction in which the foreign architect is so authorised to practise;

(vi)

any other document required under the terms of any arrangement mentioned in section 6A(2) of the Act;

(vii)

any other document that the Board considers to be relevant in assessing the particular application; and

(viii)

a declaration containing any relevant information that the Board may require which relates to the foreign architect or the architectural services to be supplied by the foreign architect in Singapore.

Subregulation 3

An application for registration under section 15(2A) of the Act made by a foreign architect not seeking to engage in the practice of architecture in Singapore independently must be —

(a)

made to the Board in the form set out at the Internet website of the Board at https://www.boa.gov.sg/forms/ASEAN_Architect_Registration_Form_foreign.pdf; and

(b)

accompanied by —

(i)

the appropriate fee specified in the Schedule;

(ii)

a copy of the identity card under the National Registration Act 1965, passport or other similar official document of identity relating to the foreign architect;

(iii)

a copy of any degree, diploma or other qualification obtained by the foreign architect that relates to the practice of architecture;

(iv)

any document showing the type of training in architecture received by the foreign architect;

(v)

a document showing that the foreign architect is authorised to practise as an architect, issued by the foreign registration authority of a participating jurisdiction in which the foreign architect is so authorised to practise;

(vi)

any other document required under the terms of any arrangement mentioned in section 6A(2) of the Act;

(vii)

any other document that the Board considers to be relevant in assessing the particular application; and

(viii)

a declaration containing any relevant information that the Board may require which relates to the foreign architect or the architectural services to be supplied by the foreign architect in Singapore.

Subregulation 4

An application for registration under section 15(1)(c) of the Act made by a foreign architect to whom the Architects (Exemption from Experience Requirements) Order 2017 applies must be —

(a)

made to the Board in the form set out at the Internet website of the Board at https://www.boa.gov.sg/forms/form_collaboration.pdf; and

(b)

accompanied by —

(i)

the appropriate fee specified in the Schedule;

(ii)

a copy of the identity card under the National Registration Act 1965, passport or other similar official document of identity relating to the foreign architect;

(iii)

a copy of any degree, diploma or other qualification obtained by the foreign architect that relates to the practice of architecture;

(iv)

any document showing the type of training in architecture received by the foreign architect;

(v)

any other document that the Board considers to be relevant in assessing the application; and

(vi)

a declaration containing any relevant information that the Board may require which relates to the foreign architect or the architectural services to be supplied by the foreign architect in Singapore.

Subregulation 5

Any document produced under paragraph (1), (2), (3) or (4) that is not in English must be accompanied by a certified translation of that document.

Subregulation 6

Any fee mentioned in paragraph (1), (2), (3) or (4) is non‑refundable.

Subregulation 7

For the purposes of these Rules, a person engages in the practice of architecture in Singapore independently if the person supplies, or offers to supply, architectural services in Singapore without collaborating with a registered architect who has in force a practising certificate.

Regulation 3

Prescribed examination for purposes of section 15(1)(c) of Act

Subregulation 1

The prescribed examination for the purposes of section 15(1)(c) of the Act is the Confirmatory Examination, being an oral examination to test the applicant’s knowledge in architecture and ability to produce creative and innovative architectural designs.

Subregulation 2

Any person who sits for the Confirmatory Examination must pay the appropriate fee specified in the Schedule.

Regulation 3A

Prescribed examinations for purposes of section 15(2) of Act

Subregulation 1

The following examinations are the prescribed examinations for the purposes of section 15(2)(a)(ii) of the Act:

(a)

the Law and the Architect Examination, which tests the applicant’s technical knowledge on the various Acts, by‑laws, rules and regulations, limitations, codes of practice, submission and application procedures relating to the practice of architecture in Singapore;

(b)

the Professional Practice Examination, which tests the applicant’s understanding of and the applicant’s abilities in Contract Administration and Project Management; (c)the Oral Interview Examination (to be conducted only after the applicant has sat for and passed the examinations mentioned in sub‑paragraphs (a) and (b)), which covers the following areas:

(i)

the topics set out in sub-paragraphs (a) and (b);

(ii)

the data recorded in the applicant’s Professional Case Study, Practical Experience Record Book and Log Book; (iii)the mentoring process of the applicant.

Subregulation 2

The prescribed oral examination for the purposes of section 15(2)(b)(ii) of the Act is the Professional Practice Interview Examination, which covers the following areas:

(a)

the topics set out in paragraph (1)(a) and (b); (b)the data recorded in the applicant’s Professional Case Study, Practical Experience Record Book and Log Book.

Subregulation 3

The prescribed oral examination for the purposes of section 15(2)(c)(iii) of the Act is the Professional Interview, in which the applicant will be asked to elaborate on his or her aspirations in relation to his or her practice of architecture in Singapore, his or her professional opinion on improving the architectural practice and standards in Singapore and his or her achievements in the architectural profession.

Regulation 3B

Application to sit for prescribed examinations

Subregulation 1

Every application to sit for an examination mentioned in rule 3A(1), (2) or (3) must be —

(a)

made in the form and manner determined by the Board;

(b)

submitted not less than 60 days before the date of the examination; (c)accompanied by a copy of the applicant’s Professional Case Study, Practical Experience Record Book and Log Book; and

(d)

accompanied by the appropriate fee for that examination specified in the Schedule.

Subregulation 2

A person may apply to sit for any of the examinations mentioned in rule 3A(1), (2) or (3) if, and only if, the person has, before the date of the application, obtained the practical experience in architectural work specified in section 15(2)(a)(i), (b)(i) or (c)(i) of the Act, as the case may be.

Subregulation 3

Where a person who has applied to sit for any of the examinations mentioned in rule 3A(1), (2) or (3) is unable to sit for the examination, the Board may, in its discretion, refund any fee or part of the fee paid by that person under this rule.

Regulation 3C

Approved examination for purposes of section 15(2A) of Act

Subregulation 1

The examinations approved by the Board for the purposes of section 15(2A) of the Act in relation to a foreign architect mentioned in that section who is seeking to engage in the practice of architecture in Singapore independently are the Domain Specific Process Written Test and the Domain Specific Process Interview, in which the foreign architect will be tested on —

(a)

technical issues on architecture;

(b)

the legal and practice issues relating to the practice of architecture in Singapore; and (c)issues relating to the professional responsibility, accountability and liability of architects in Singapore.

Subregulation 2

An application to sit for the Domain Specific Process Written Test, or the Domain Specific Process Interview, or both, must be made in such form as the Board may require and be accompanied by the appropriate fee specified in the Schedule.

Subregulation 3

The Board may, in its discretion, refund any fee or part of the fee paid by that person for an examination or interview if the person is unable to sit for that examination or attend that interview.

Regulation 3D

Committee of examiners

The Board must —

(a)

appoint a Committee of Examiners to conduct the examinations mentioned in rules 3(1), 3A(1), (2) and (3) and 3C(1);

(b)

determine the date, time and place for the examinations to be held; (c)determine the number of such examinations to be conducted in a year (not being less than one examination per year);

(d)

determine the scope and duration of such examinations; (e)determine the procedure for the conduct of such examinations; and

(f)

notify each applicant of the result of his or her examination as soon as practicable.

Regulation 4

Practical experience

Subregulation 1

The practical experience that a person is required to have under section 15(2)(a) or (b) of the Act in order to be entitled to registration under the Act is such practical experience in architectural work undertaken by an architect engaged in the practice of architecture as may be acceptable to the Board, which must include practical experience obtained in Singapore for a continuous period of at least 12 months under the supervision of a registered architect in the employ of the Government or a registered architect who has in force a practising certificate.

Subregulation 2

A person is not eligible to sit for the examination mentioned in section 15(2)(a) of the Act unless he or she has the practical experience prescribed in paragraph (1).

Regulation 5

Evidence of practical experience

Subregulation 1

Every person applying for registration under the Act must submit with his or her application written proof of his or her practical experience, which must include details of the duration and a description of the practical experience in any form that the Board may require.

Subregulation 2

The Board may, with a view to determining the nature of an applicant’s practical experience, conduct an interview with the applicant.

Regulation 6

Further evidence and other requirements

Subregulation 1

The Board may require an applicant to furnish such other evidence or particulars as the Board considers necessary to determine whether the applicant is entitled to registration under the Act.

Subregulation 2

The Board may further require an applicant to submit a project report to demonstrate his or her experience in the different areas of architectural practice.

Regulation 7

Repealed / deleted

[Deleted by S 565/2017]

Regulation 8

Decision of Board

Subregulation 1

When any person applies for registration under the Act, the Registrar must as soon as practicable refer the application to the Board.

Subregulation 2

Notification of every decision of the Board with respect to any application for registration under the Act must be given to the applicant by letter signed by the Registrar addressed to the applicant at the address stated by him or her in the application.

Regulation 9

Certificate of registration

Subregulation 1

A registered architect must, on payment of the appropriate fee specified in the Schedule, be issued a certificate of registration duly signed by the Registrar.

Subregulation 2

The certificate of registration must be in the form set out at the Internet website of the Board at https://www.boa.gov.sg/forms/registration_certificate.pdf.

Regulation 10

Application for and renewal of recognition for purposes of mutual recognition arrangements

Subregulation 1

An application to be recognised under section 15A(1) of the Act must be —

(a)

made in writing to the Board in the form set out at the Internet website of the Board at https://www.boa.gov.sg/forms/ASEAN_Architect_Registration_Form_SG.pdf; and

(b)

accompanied by —

(i)

the appropriate fee specified in the Schedule;

(ii)

a copy of the identity card under the National Registration Act 1965, passport or other similar official document of identity relating to the applicant; and

(iii)

any other information, statement or document as the Board may require.

Subregulation 2

An application for the renewal of such recognition must be —

(a)

made in writing to the Board in the form set out at the Internet website of the Board at https://www.boa.gov.sg/forms/APEC_Architect_Registration_Form_SG.pdf; and

(b)

accompanied by the appropriate fee specified in the Schedule.

Subregulation 3

Any fee mentioned in paragraph (1)(b)(i) or (2)(b) is non‑refundable.

Regulation 10A

Definitions of this Part

Subregulation 1

In this Part —

Definition

“continuing professional development point” means a continuing professional development point which a registered architect obtains by successfully completing any continuing professional development program;

Definition

“continuing professional development program” means any activity, course or programme in the list of activities, courses or programmes published by the Board under rule 13B;

Definition

“qualifying period”, in relation to a registered architect, means the period of 12 months immediately preceding the date on which the practising certificate in respect of which he or she has made an application is to commence;

Definition

“requisite continuing professional development points”, in relation to a registered architect, means the number of continuing professional development points he or she is required to obtain under rule 13A(2), (3) or (4), as the case may be.

Subregulation 2

In this Part, a registered architect obtains a specified number of continuing professional development points if he or she successfully completes one or more of the activities, courses or programmes in the list published under rule 13B, the total number of continuing professional development points of which equals or exceeds that specified number.

Regulation 10B

Repealed / deleted

[Deleted by S 761/2005]

Regulation 11

Application for practising certificate

An application for a practising certificate or to amend any particulars in a practising certificate must be —

(a)

made in writing to the Board in the form set out at the Internet website of the Board at https://www.boa.gov.sg/forms/Practising_Certificate_form.pdf; and

(b)

be accompanied by the appropriate fee specified in the Schedule.

Regulation 12

Repealed / deleted

[Deleted by S 565/2017]

Regulation 13

Additional fee for late application

Subregulation 1

Where an application for a practising certificate authorising the holder thereof to engage in the practice of architecture during any year or part of any year is made on or after 1 January of that year or after 1 December of the previous year, a late application fee specified in the Schedule must accompany and be payable in respect of that application, and the late application fee is non‑refundable.

Subregulation 2

Paragraph (1) does not apply to any first application for a practising certificate after registration under the Act or the repealed Act.

Regulation 13A

Requirements as to continuing professional education

Subregulation 1

For the purposes of section 18(4)(f) of the Act, the requirements relating to continuing professional education are that a registered architect (X) must satisfy the Board that X has obtained or will obtain the requisite continuing professional development points during the qualifying period.

Subregulation 2

Where X is below 60 years of age on the date on which the practising certificate in respect of which X has made an application is to commence, the requisite continuing professional development points X is required to obtain before a practising certificate may be issued to X is 20 continuing professional development points.

Subregulation 3

Where X is 60 years of age or older but below 70 years of age on the date on which the practising certificate in respect of which X has made an application is to commence, the requisite continuing professional development points X is required to obtain before a practising certificate may be issued to X is 15 continuing professional development points.

Subregulation 4

Where X is 70 years of age or older on the date on which the practising certificate in respect of which X has made an application is to commence, the requisite continuing professional development points X is required to obtain before a practising certificate may be issued to X is 10 continuing professional development points.

Subregulation 5

Where X has made an application for a practising certificate which is to commence on a particular date, and X has not held a practising certificate for a continuous period of 3 years or more immediately preceding that date, X must satisfy the condition mentioned in paragraph (6).

Subregulation 6

The condition is that X must obtain the requisite continuing professional development points which is double the number of continuing professional development points X has to obtain under the age group mentioned in paragraph (2), (3) or (4), as the case may be.

Subregulation 7

The Board may issue a practising certificate to X even though X has failed to obtain the requisite continuing professional development points applicable to X during the qualifying period if X gives an undertaking that X will make up for the shortfall in the requisite continuing professional development points during the period of 12 months immediately following the last day of the qualifying period.

Subregulation 8

If a practising certificate has been issued to X by virtue of an undertaking given under paragraph (7), any continuing professional development points obtained by X to make up for the shortfall in the requisite continuing professional development points mentioned in that paragraph are to be disregarded for the purpose of a subsequent application for a practising certificate.

Subregulation 9

Despite paragraphs (2), (3), (4) and (5), the Board may, in such special circumstances as it may determine, issue a practising certificate to X even though X has failed to satisfy the Board that X has obtained the requisite continuing professional development points applicable to X during the qualifying period.

Regulation 13B

List of activities, etc., with professional development points

The Board must publish on its Internet website a list of activities, courses and programmes for the purposes of this Part and the number of continuing professional development points which a registered architect obtains by successfully completing each of the activities, courses and programmes.

Regulation 13C

Issue of guidelines and directives

For the purposes of rules 13A and 13B, the Board may issue any guidelines and directives, not inconsistent with the provisions of these Rules, that the Board considers necessary.

Regulation 13D

Repealed / deleted

[Deleted by S 761/2005]

Regulation 14

Evidence

The Board may require a statutory declaration or such other evidence as the Board may consider necessary to support the facts, circumstances or particulars contained in any application for a practising certificate.

Regulation 15

Form of practising certificate

A practising certificate must be in the form set out at the Internet website of the Board at https://www.boa.gov.sg/forms/Practising_Certificate.pdf.

Regulation 16

Application for licence to supply architectural services

An application for a licence to supply architectural services must be —

(a)

made in writing to the Board in the form set out at the Internet website of the Board at https://www.boa.gov.sg/forms/form_6_application_for_a_licence.pdf; and

(b)

made not less than one month before the expiry of any previous licence issued to the applicant.

Regulation 17

Fee

Every application for a licence must be accompanied by the appropriate fee specified in the Schedule, and the fee is non‑refundable.

Regulation 18

Evidence

Subregulation 1

An application by a corporation for a licence must be accompanied by —

(a)

a certified true copy each of the memorandum and articles of association of the corporation;

(b)

a list of the members and directors of the corporation containing particulars as to whether they are registered architects, allied professionals or otherwise, and any other particulars that the Board may require;

(c)

a certified true copy of any policy insuring the corporation against professional liability in accordance with the Act and the rules made thereunder for such period as the corporation is licensed to supply architectural services;

(d)

a certified true copy of the certificate of incorporation issued in respect of the corporation under section 19 of the Companies Act 1967; and (e)a certified true copy of the resolution passed by the board of directors of the corporation under section 20(1)(d)(ii) or (2)(c)(iii) of the Act.

Subregulation 2

An application for a licence by a partnership not comprising wholly of registered architects must be accompanied by —

(a)

a copy of the agreement establishing the partnership; and

(b)

a list of the partners of the partnership containing particulars as to whether they are registered architects, allied professionals or otherwise, and any other particulars that the Board may require.

Subregulation 3

For the purposes of section 20(4)(b) of the Act, the type of limited liability partnership which may apply for a licence is one where its partners are either —

(a)

registered architects or allied professionals who each has in force a practising certificate;

(b)

corporations each of which has in force a licence issued under section 17(1) or (2) of the Land Surveyors Act 1991 or section 30(1) or (2) of the Professional Engineers Act 1991; or

(c)

limited liability partnerships each of which has in force a licence issued under section 20(4) of the Act or section 30(4) of the Professional Engineers Act 1991.

Subregulation 4

An application for a licence by a limited liability partnership must be accompanied by —

(a)

a certified true copy of the statement lodged by the partners of the limited liability partnership with the Registrar of Limited Liability Partnerships under section 19(1) of the Limited Liability Partnerships Act 2005;

(b)

a certified true copy of the resolution passed by the partners of the limited liability partnership under section 20(4)(d)(ii) of the Act;

(c)

a declaration by the partner having control and management of the business of the limited liability partnership that in his or her opinion the limited liability partnership appears to be able to pay its debts as they become due in the normal course of business as at the date of the application; and

(d)

a list of the partners of the limited liability partnership containing particulars as to whether they are registered architects, allied professionals, licensed corporations or licensed limited liability partnerships, and any other particulars that the Board may require.

Subregulation 5

The Board may require an applicant for a licence to furnish a statutory declaration to support any facts or particulars contained in his or her application or such other evidence or particulars as the Board considers necessary to determine whether to issue a licence.

Regulation 18A

Practice names

Subregulation 1

A registered architect must not supply any architectural services in Singapore under any practice name unless that practice name has been approved by the Board.

Subregulation 2

An application for the approval of a practice name or for a change of a practice name or practice status must be —

(a)

made in writing to the Board in the form set out at the Internet website of the Board at https://www.boa.gov.sg/forms/approval_of_firm_s_name.pdf; and

(b)

accompanied by the appropriate fee specified in the Schedule.

Subregulation 3

The Board may refuse to approve a practice name or a change of a practice name if, in its opinion, that practice name is so similar to another existing approved practice name as to be likely to cause confusion to the public.

Subregulation 4

In this rule, “practice name” means the name of the proprietorship, partnership of wholly registered architects, limited liability partnership or corporation under which a registered architect supplies or intends to supply architectural services in Singapore.

Regulation 19

Form of licence

A licence to supply architectural services in Singapore must be in the form set out at the Internet website of the Board at https://www.boa.gov.sg/forms/licence.pdf.

Regulation 20

Validity of licence

Each licence is valid for a period of 12 months from the date of its issue.

Regulation 21

Appeals

An appeal against any decision of the Board to refuse to issue a licence or to impose any condition on a licence under section 20(4) or 21(4) of the Act, respectively, must —

(a)

be made not more than 30 days after the decision of the Board has been notified to the appellant;

(b)

be addressed to the Permanent Secretary, Ministry of National Development;

(c)

set out the grounds of appeal; and

(d)

be accompanied by a copy of the following documents:

(i)

the decision of the Board and the reasons therefor;

(ii)

the application for the licence and all documents accompanying that application; (iii)any other correspondence between the Board and the appellant in relation to the refusal to issue the licence or the conditions of the licence, as the case may be.

Regulation 22

Form and extract of registers

Subregulation 1

The registers mentioned in section 8(1) of the Act are to be kept and maintained in the form set out at the Internet website of the Board at https://www.boa.gov.sg/registers.pdf.

Subregulation 2

For the purposes of section 8(2) of the Act, the prescribed fee is the appropriate fee specified in the Schedule.

Regulation 23

Register of architects

Subregulation 1

The first entries to be made in the register of architects must be the names of those persons who immediately before 30 August 1991 were registered under the repealed Act; and their names and particulars must be entered in the order in which they appear in the register kept under section 6 of the repealed Act.

Subregulation 2

All other entries must be made by the Registrar in the order in which the directions to make the entries are given by the Board.

Subregulation 3

Any direction of the Board is sufficient if it is in writing signed by the president of the Board and is given pursuant to a resolution of the Board.

Regulation 24

Index

Any alphabetical index of the names of persons entered in a register kept and maintained under section 8(1) of the Act is deemed to be a part of the register to which the index relates.

Regulation 25

Duplicate certificate or licence

Subregulation 1

If a certificate of registration, practising certificate or licence (each called in this rule a certificate) has been lost, destroyed or defaced or became obliterated so that any particulars in the certificate are illegible, the holder of the certificate must forthwith notify the Registrar.

Subregulation 2

Subject to paragraphs (3) and (4), the Registrar must, on payment of the appropriate fee specified in the Schedule and if satisfied that a certificate has been lost, destroyed or defaced or became obliterated, issue a duplicate of the certificate to the holder of the original certificate, and the duplicate certificate has the same effect as the original.

Subregulation 3

In the case of a certificate that has been defaced or became obliterated, no duplicate of the certificate is to be issued unless the original certificate is returned to the Registrar.

Subregulation 4

In the case of a certificate that has been lost or destroyed, no duplicate of the certificate is to be issued unless the holder of the certificate makes a statutory declaration of the loss or destruction and furnishes it to the Registrar.

Subregulation 5

Where any original certificate is found after any duplicate of the certificate is issued under this rule, the holder of the certificate must immediately return the duplicate certificate to the Registrar for cancellation.

Regulation 26

Return of certificates, etc.

Any certificate of registration, practising certificate or licence or any duplicate of the certificate or licence remains the property of the Board and must be returned to the Board when the holder of the certificate or licence ceases to be registered or licensed under the Act, as the case may be.

Regulation 27

Change of address

Every registered architect must, within 2 weeks of any change in his or her address as is specified in the register of architects, notify the Registrar in writing of the change.

Regulation 27A

Signed document to include architect registration number

A registered architect who signs and submits to any of the architect’s clients, or to a building authority or a public authority, any report, certificate or other document relating to the construction, enlargement or alteration of any building or part of the building which is required by law to be signed by an architect, must include the architect’s registration number as it appears in the architect’s certificate of registration.

Regulation 28

Proceedings of Investigation Committee

Subregulation 1

An Investigation Committee may meet for the purposes of its investigation and adjourn or otherwise regulate the conduct of its investigation as the members may think fit.

Subregulation 2

The chairperson of an Investigation Committee may at any time summon a meeting of the Investigation Committee.

Subregulation 3

The quorum for a meeting of the Investigation Committee is to be constituted by the chairperson of the Investigation Committee and all its members.

Subregulation 4

Any question arising at a meeting of the Investigation Committee is to be determined by a majority of votes and, in the case of an equality of votes, the chairperson has a casting vote.

Regulation 29

Service of complaint, etc.

Where an Investigation Committee is of the opinion that a registered architect should be called upon to answer any allegation made against him or her, the Investigation Committee must serve on him or her —

(a)

copies of any complaint made against him or her under section 28 of the Act and any statutory declaration or affidavit that has been made in support of the complaint; or

(b)

any information concerning any improper or dishonourable act of conduct against him or her and any statutory declaration or any affidavit that has been made in support of the information,and a notice inviting him or her, within the period (not being less than 21 days) specified in the notice, to give to the Investigation Committee any written explanation he or she may wish to offer.

Regulation 30

Confidentiality of information

All information, including any book, document, paper or other record, used by an Investigation Committee in the course of its deliberations is confidential and must not be disclosed to any person unless the Investigation Committee or the Board decides otherwise.

Regulation 31

Proceedings of Disciplinary Committee

Subregulation 1

A Disciplinary Committee must meet from time to time, at any place that the chairperson of the Disciplinary Committee may determine, to formally inquire into any matter referred to it by the Board.

Subregulation 2

The quorum for a meeting of the Disciplinary Committee is to be constituted by the chairperson of the Disciplinary Committee and all its members.

Subregulation 3

All members of a Disciplinary Committee present at any meeting thereof must vote on any question arising at the meeting and the question is to be determined by a majority of votes and, in the case of an equality of votes, the chairperson has a casting vote.

Subregulation 4

The proceedings before a Disciplinary Committee must be held in private.

Regulation 32

Attendance by registered architect

Subregulation 1

The registered architect concerned may appear in person or be represented by counsel at the formal inquiry before the Disciplinary Committee.

Subregulation 2

Where neither the registered architect nor his or her counsel is present, the Disciplinary Committee may proceed with the formal inquiry if the Disciplinary Committee is satisfied that section 31E of the Act has been complied with.

Regulation 33

Hearing before Disciplinary Committee

Subregulation 1

At any formal inquiry before a Disciplinary Committee, the registered architect under inquiry (X) or X’s counsel must be permitted to —

(a)

cross-examine any witness testifying against X;

(b)

give evidence on X’s own behalf;

(c)

call any witness that X may wish to testify for X or on X’s behalf; and

(d)

have access to information contained in any document at a reasonable time before the document is tendered in evidence.

Subregulation 2

If the Disciplinary Committee is satisfied that any person concerned in the proceedings is hampering or attempting to hamper the progress of the formal inquiry —

(a)

the Disciplinary Committee must administer a warning to the person; and

(b)

if after such warning the Disciplinary Committee is satisfied that the person is acting in disregard of the warning, the Disciplinary Committee must make an entry in the record to that effect and proceed to complete the formal inquiry in such a manner as it thinks fit.

Regulation 34

Record of proceedings

Subregulation 1

The chairperson of the Disciplinary Committee must record or cause to be recorded the proceedings of the Disciplinary Committee by such means and in such form as the Disciplinary Committee may decide.

Subregulation 2

The record of the proceedings of the Disciplinary Committee consists of —

(a)

the information obtained by the Disciplinary Committee; and (b)a report made by the Disciplinary Committee.

Subregulation 3

A record of proceedings must be signed by the chairperson and other members of the Disciplinary Committee.

Subregulation 4

No person is entitled, as of right, to a copy of the record of proceedings of any Disciplinary Committee.

Regulation 1

Citation

These Rules are the Architects Rules 1991.

Architects Rules 1991

About this subsidiary legislation

REGISTRATION

PRACTISING CERTIFICATES

Definition

Definition

Definition

Definition

LICENCES, REGISTER OF LICENSEES AND NAMES OF PRACTICES

REGISTERS

MISCELLANEOUS PROVISIONS RELATING TO REGISTRATION, CERTIFICATES AND LICENCES

DISCIPLINARY PROCEDURE

Common questions