New Clause 22 - Architects: Appeals Committee

Building Safety Bill – in the House of Commons at 4:00 pm on 19 January 2022.

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“(1) The Architects Act 1997 is amended as follows.

(2) In section 1 (the Board)—

(a) after subsection (2) insert—

‘(2A) There is to be an Appeals Committee of the Board.’;

(b) after subsection (4) insert—

‘(4A) Part 2A of that Schedule makes provision about the Appeals Committee.’

(3) In section 4 (registration: general)—

(a) in subsection (4)(b) for ‘refer the application to the Board’ substitute ‘refuse the application’;

(b) in subsection (6)—

(i) omit ‘(4) or’;

(ii) for the words from ‘direct’ to the end substitute ‘—

(a) direct the Registrar to enter the person’s name in the Register if it is satisfied that the person is entitled to be registered, or

(b) direct the Registrar to refuse the application if it is not so satisfied.’

(4) In section 6(4B) (notice of refusal of application) for the words from ‘in the case’ to ‘section 4(2A)’ substitute ‘of an application’.

(5) In section 9 (competence to practise) after subsection (2) insert—

‘(2A) A notice under subsection (2) must state reasons for the decision.’

(6) In Part 5 (general and supplementary) before section 22 insert—

‘21A Appeals to the Appeals Committee

(1) A person may appeal to the Appeals Committee against—

(a) a decision to refuse the person’s application for registration, or

(b) if the person is a person to whom paragraph (b) of section 9(1) applies, a decision to remove or not to re-enter the person’s name in the Register as a result of section 9(1).

(2) The Board may make rules about appeals to the Appeals Committee, including in particular rules about—

(a) the period within which any appeal must be made;

(b) the way in which an appeal is to be made or withdrawn;

(c) the fee that must be paid on the making of an appeal (including circumstances in which that fee may or must be refunded);

(d) the procedure to be followed by the Appeals Committee in relation to an appeal;

(e) the effect of the making of an appeal, pending its determination, on the decision appealed against.

(3) On the determination of an appeal, the Appeal Committee may make any decision that could have been made by the person who made the decision appealed against.

(4) The Appeals Committee must, within the prescribed period after determining a person’s appeal, serve on the person written notice of the decision made on that determination.’

(7) In section 22 (appeals)—

(a) in subsection (1)—

(i) for paragraph (a) substitute—

‘(a) a decision of the Appeals Committee under section 21A, on an appeal made by the person;’;

(ii) for paragraph (c) substitute—

‘(c) the person’s name not being re-entered in the Register under section 18 as a result of section 9(1);’;

(b) in subsection (2) omit ‘Subject to subsection (3),’;

(c) omit subsection (3);

(d) in the heading at the end insert ‘to the court’.

(8) In section 24(2) (service of documents) for ‘or 15(3)’ substitute ‘, 15(3) or 21A(4)’.

(9) In Schedule 1 (the Board and its committees) after Part 2 insert—