Registration Act - Architects Registration Board

1. Short title

This Act may be cited as the Architects Registration Act.

2. Interpretation

1. In this Act –
  1. “Board” means the Architects Registration Board established in accordance with section 3;
  2. “Caribbean Community” means the Caribbean Community established by Article 2 of the Revised Treaty of Chaguaramas signed in the Bahamas on the 5th day of July, 2001 and includes the CARICOM Single Market and Economy;
  3. “Chairman” means the Chairman of the Board;
  4. “functions” includes duties and powers;
  5. “Jamaica Institute of Architects” means the unincorporated organization constituted on the 31st day of March, 1978, under the name of the Jamaica Institute of Architects

For the purposes of this Act, a person is a national of a Member State if that person is

1. a citizen of that state; or
2. has a connection with that state of a kind which entitles him to be regarded as belonging to or, if it be so expressed, as being a native or resident of the state for the purposes of the laws thereof relating to immigration”.

- “Member State” means a Member State of the Caribbean Community excluding an Associate Member within the meaning of Article 231 of the Revised Treaty of Chaguaramas;”
- “practice of architecture” means the rendering or offering to render for reward the services of an architect registered under this Act;
- “register” means the register of architects kept by the Registrar in accordance with the provisions of section 6;
- “registered architect” means a person registered as an architect under this Act;
- “Registrar” means the Registrar designated pursuant to section 5;
- “secretary” means the secretary of the Board.

3. Establishment of Board

There shall be established for the purposes of this Act a body to be called the Architects Registration Board which shall be a body corporate to which the provisions of section 28 of the Interpretation Act shall apply.
The provisions of the First Schedule shall have effect with respect to the constitution and procedures of the Board and otherwise in relation thereto.

4. Functions of the Board

The functions of the Board shall be –
1. to register architects;
2. to regulate the practice of architecture in Jamaica;
3. to ensure the maintenance of acceptable standards of professional conduct by persons registered as architects under this Act.
The Board shall have power
1. to appoint examiners to conduct such examinations in respect of persons applying for registration as architects as may from time to time be necessary under the provisions of this Act;
2. to prescribe the procedure to be followed in respect of disciplinary proceedings against architects in relation to professional conduct; and
3. to do all such things as may appear to it to be necessary or desirable for carrying out its functions under this Act.

5. Registrar

The Minister shall designate, by general notice, a person to be the Registrar of Architects who shall also be secretary of the Board.

6. The register

The Board shall cause the Registrar to keep a registrar (to be known as the Register of Architects) of the names, addresses qualifications and such other particulars as may be prescribed of all persons who are registered as architects pursuant to this Act.
The register shall be open to inspection by any member of the public at all reasonable times and a copy of the register shall be published in the Gazette by the Registrar at such times and in such manner as may be prescribed.

7. Application for registration

Every application for registration as an architect under this Act shall be in the prescribed form signed by the applicant and delivered to the Registrar and shall set out the grounds on which the applicant claims to be entitled to registration.
The Board may require such evidence of identity or such verification of any matter alleged by the applicant or such further information relating to the application as it thinks requisite.
Every application under this section shall be accompanied by the prescribed fee.

8. Registration

If the Board is satisfied in relation to any application for registration that –
1. the provisions of section 7 have been complied with; and
2. the applicant is qualified for registration under the provisions of this section and section 9 or 24, the Board shall register the applicant as an architect and shall notify the applicant in writing accordingly and shall direct the Registrar to issue to him in the prescribed form a certificate of registration.
For the purposes of registration under this Act, the Board may require any applicant to submit to such examination relating to his competence as an architect as the Board thinks necessary.
If the Board is not satisfied as to the eligibility of the applicant to be registered under this Act it shall refuse to register the applicant and shall notify him in writing accordingly and shall inform him of the right of appeal conferred by section 20.
Every person registered as an architect under this Act shall be entitled to carry on the practice of architecture in Jamaica and to demand and recover any reasonable charges for services rendered by him as an architect.

9. Qualifications for registration

Every person shall be entitled to be registered as an architect under this Act who satisfies the Board –
1. that he is a national of Jamaica or of another Member State;
2. that he is of good character and reputation; and
3. that he fulfils the following requirements, namely –
  1. that he is a member of, or holds a certificate granted by an institution, or other body recognized by the Board as having competence to approve qualification as an architect; or
  2. that he has had at least two years practical experience in architectural work under the supervision of a registered architect (at least one year of which was in a Member State) and has passed such examinations as may be required by the Board.

10. Special registration

Notwithstanding anything to the contrary, any person who comes within any of the categories of persons specified in the Second Schedule may, on application to the Board in the prescribed manner and on payment of the prescribed fee, be specially registered to carry on the practice of architecture for such time and on such conditions as the Board may with the approval of the Minister specify.
The Minister may, after consultation with the Board, by order amend the Second Schedule so as to add to or remove any of the categories of persons specified therein.
Notwithstanding the removal of any category of persons from the Second Schedule, any person who at the time of such removal is registered pursuant to subsection (1) within that category shall subject to the provisions of subsection (1), continue to be specially registered until the expiration of the period for which he was specially registered.
The Registrar shall enter in a separate part of the register the names of all persons specially registered under this section.
The Registrar shall issue to every person specially registered under this section a certificate of registration in the prescribed form which, to the extent specified therein, shall entitle that person to practice as a registered architect.

11. Temporary registration

Where the Board is satisfied, upon the application of any person, that that person
1. is not a national of a Member State;
2. is or will be temporarily visiting Jamaica for the purpose of practicing the profession of architecture at an institution or place in Jamaica in the capacity of a teacher or a research student or as the holder of a fellowship or other study programme or under a foreign assistance programme or in such other circumstances as the Board may approve; and
3. possesses sufficient knowledge and experience for the efficient practice of architecture in the capacity aforesaid, the Board shall, on receipt of the prescribed fee, grant temporary registration to that person
The Board may, upon application and payment of the prescribed fee, grant temporary registration to any person, not ordinarily resident in a Member State and not being a person to whom the provisions of subsection (1) applies, who satisfies the Board that he is or will be temporarily visiting Jamaica for the purpose of practising the profession of architecture and is otherwise qualified under paragraphs (b) and (c) of section 9.
A temporary certificate of registration shall entitle the holder to practice the profession of architecture In such institution or place or in such circumstances and for such period in the first instance or any subsequent instance (not exceeding in the first instance two years) and subject to such terms and conditions as may be specified in the certificate at the direction of the Board.
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.
The Board may, from time to time, in its discretion, extend the period or vary the terms and conditions specified in any temporary certificate of registration.
The Board shall have power to cancel, without notice, any temporary certificate of registration.
During the period specified in any temporary certificate of registration or any extension thereof, the holder shall, unless the certificate has been cancelled, be deemed for the purposes of this Act to be a registered architect.

12. Additional qualifications

Every person registered under this act who, subsequent to his registration, obtains any degree, qualification or other designation relevant to the practice of architecture, shall be entitled, on payment of the prescribed fee, to have such degree, qualification or designation inserted in the register in substitution for or in addition to those previously entered.

13. Corrections of register

It shall be the duty of the Registrar –
1. to remove from the register any entry which the Board, pursuant to this Act, directs him to remove;
2. to restore to the register any entry which the Board, pursuant to this Act, directs him to restore;
3. to correct, in accordance with the Board’s direction, any entry in the register which the Board directs him to correct as being in the opinion of the Board, an entry which was incorrectly made
4. to remove from the register, with the approval of the Board, the name of any person who has died or who, not being a national of Jamaica or of any other Member State. , has, for a period of at least one year, ceased to be ordinarily resident in Jamaica or who has been issued with a temporary certificate or registration which has expired or has been cancelled or who, in accordance with any of the provisions of this Act, ceases to be a registered architect;
5. to make, from time to time, any necessary alterations in any of the particulars mentioned in sub-section (1) of section 6.
If the Registrar –
1. sends by post to any person registered under this Act a registered letter, addressed to him at his address appearing in the register, inquiring whether he has ceased to practice as an architect, or has changed his address and receives no reply to that letter within three months from the date of posting; and
2. upon the expiration of the period aforesaid sends in like manner to that person a similar letter and receives no reply to either letter within three months of the date of the second posting, the Board may direct the Registrar to remove from the register the name of that person.
The Board may direct the Registrar to restore to the register any name removed therefrom pursuant to this section.

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