entitled ARCHITECTURAL PROFESSIONS ACT 2016

Transcription

1 Proposed Amendments suggested by Stakeholders and The Ministry of Home Affairs to the Architectural Professions Draft Bill 2012, now titled for record purposes the Architectural Professions Draft Bill Amendments are indicated in Red Text. * Architectural Professions Bill Draft 5.xml gnjohnson Architectural Professions Bill 2016 IBA AAB ARC - Draft 6 A BILL 29 October 2012, 18:45 DRAFT 29-Dec-2016 IBA AAB ARC Revised DRAFT entitled ARCHITECTURAL PROFESSIONS ACT 2016 *Note: This Draft Bill 2016 and its amendments have to be ratified and published by the Attorney Generals Office prior to issuance as a formal Draft Bill. TABLE OF CONTENTS Citation Interpretation Architectural Registration Board Functions of Board Powers of Board Registrar General PART 1 PRELIMINARY PART 2 ADMINISTRATION PART 3 RESTRICTIONS ON PRACTICE AND USE OF PROFESSIONAL NAME Practice of architecture Restrictions on use of professional name Offences relating to unauthorised practice PART 4 REGISTRATION AND LICENSING Qualifications for registration and licensing Application for registration Application for Licensing Registers for registered and licensed architectural professionals Alterations to the registers PART 5 DISCIPLINE Code of Professional Conduct Discipline and professional misconduct 1

2 PART 6 APPEALS Right of appeal Constitution of Architectural Professions Appeal Tribunal Determinations of appeals Costs, procedure and evidence Appeal to Supreme Court PART 7 MISCELLANEOUS Authorised visiting architect, architectural technologist or architectural technician Protection from personal liability Service of notices Stamps False statements Regulations Moneys collected under this Act Consequential amendment Saving Repeal and transitional provisions Commencement SCHEDULE 1 Architectural Professions Registration Board SCHEDULE 2 Registration, Licensing and Restrictions of Practice Architectural Professional Act 2016 SCHEDULE 3 Code of Professional Conduct in respect of Discipline and Professional Misconduct WHEREAS it is expedient to revise the law and to make new provisions for the regulation of the practice of architecture in Bermuda and to provide for connected matters; Be it enacted by The Queen s Most Excellent Majesty, by and with the advice and consent of the Senate and the House of Assembly of Bermuda, and by the authority of the same, as follows: PART 1 PRELIMINARY Citation 1 This Act may be cited as the Architectural Professions Act

3 Interpretation 2 (1) In this Act architect means a person who meets the requirements of section 10(1)(i),, and (d), and who is a registered as an architect under section 11; or section 10(2), (i) and, and who is a licensed as an architect under section 12; architectural professional means a person who is registered or licensed under this Act as an architect, architectural technician or architectural technologist; architectural professions means the professions practised by architects, architectural technicians and architectural technologists; Architectural Professions Appeal Tribunal means the Architectural Professions Appeal Tribunal constituted under section 18; architectural technician means a person who meets the requirements of section 10(1)(iii),, and (d), and who is a registered as an architectural technician under section 11; or section 10(1)(iii), (iii) and, and who is a licensed as an architectural technician under section 12; architectural technologist means a person who meets the requirements of section 10(1)(ii),, and (d), and who is a registered as an architectural technologist under section 11; or section 10(1)(ii), (ii) and, and who is a licensed as an architectural technologist under section 12; Bermudian status has the meaning ascribed to it under section 4 of the Bermuda Immigration and Protection Act 1956; Board means the Architectural Registration Board continued under section 6; building means a structure consisting of foundations, floors, walls and roof, having footings, columns, posts, girders, beams, joists, rafters, bearing partitions or a combination of any number of these parts, with or without other parts or appurtenances; certificate means a certificate of registration issued under section 11(3); Code means the Code of Professional Conduct issued under section 15; design means the creative application of art, science and aesthetics to buildings; drawings means representation in any medium of expression of the tangible and intangible creative design and includes studies, models, sketches, graphics, specifications and other similar materials; 3

4 licence means a licence to engage in the practice of architecture, issued under section 12; Minister means the Minister responsible for architects, architectural technologists and architectural technicians; operative date means the date this Act comes into operation; permanent resident has the meaning ascribed to it under section 23 of the Bermuda Immigration and Protection Act 1956; prescribed means prescribed by regulations made under section 27; register of licensed architectural professionals means the register of licensed architects, architectural technologists and architectural technicians maintained under section 13; register of registered architectural professionals means the register of registered architects, architectural technologists and architectural technicians maintained under section 13; Registrar-General means the Registrar-General referred to under section 6; repealed Act means the Architects Registration Act spent" means expired unable to be used again. (2) For the purposes of this Act the practice of architecture includes (d) the preparation and provision of a design to govern the construction of a building; rendering or offering to render services which require the application of the art, science and asthetic of design and construction of buildings, groups of buildings or additions to or alterations thereof, including their components and appurtenances and the spaces within and around them concerned with safeguarding of life, health, property and human welfare; rendering or offering to render services, referred to in paragraph, which include, but are not limited to consultation, evaluation, planning, the provision of preliminary studies, designs, construction documents and the administration of construction contracts; and the coordination of technical submissions prepared by others including, as appropriate and without limitation, consulting engineers, surveyors, interior designers and landscape architects. (3) The practice of architecture referred to in subsection (2) shall be applied, with respect to the categories of architectural professions under this Act, in accordance with the building limitations set out in paragraph 1 Part 3 of Schedule 2 in the case of architects; paragraph 2 Part 3 of Schedule 2 in the case of architectural technologists; paragraph 3 Part 3 of Schedule 2 in the case of architectural technicians - level 1(AT1); and 4

5 (4) (d) paragraph 4 Part 3 of Schedule 2 in the case of an architectural technician - level 2 (AT2). The practice of architecture shall not include the practice of engineering, but a registered architectural professional may, as part of the practice of architecture, perform such engineering work as is incidental to his work. PART 2 ADMINISTRATION Architectural Registration Board 3 (1) The Architects Registration Council established as a body corporate under the repealed Act shall continue as a body corporate renamed as the Architectural Registration Board, and shall have the functions conferred on the Board by this Act. (2) The Architectural Registration Board shall continue to have power to sue and be sued, to have a corporate seal and to do such things as a body corporate is empowered to do. (3) The Board shall consist of a Chairman who shall be an architect and eight other members, four of whom shall be registered architects, three of whom shall be registered architectural technologists and one of whom shall be a person who is not an architect, an architectural technologist or an architectural technician. (4) Schedule 1 shall have effect in relation to the constitution and other matters concerning the Board. Functions of Board 4 The functions of the Board are (d) (e) (f) to safeguard the health and safety and welfare of the public in relation to the practice of architecture and to ensure that licensed architectural professionals have professional liability insurance at a level considered appropriate by the Board; to assess applications and determine if applicants qualify for registration or licensing; to set and adjudicate or provide for professional examinations in architecture; to promote and administer the continuing professional education and development of architects, architectural technologists and architectural technicians; to promote high standards of technical competence and ethical conduct in the practice of architecture; to exercise disciplinary control over registered and licensed architects, architectural technologists and architectural technicians; 5

6 (g) (h) (i) to establish a Code of Professional Conduct and Practice; to establish policies to regulate the profession of architecture; and to do such other things as may be necessary for the advancement of knowledge, skill and proficiency in the practice of architecture. Powers of Board 5 (1) Subject to the provisions of this Act, the Board shall have power to do anything for the purpose of discharging its functions under this Act or any other written law, or which is incidental or conducive to the discharge of those functions. (2) Without prejudice to the generality of subsection (1) but subject to this Act, the powers of the Board shall include the power to (d) enter into such contracts as may be necessary or expedient for the purpose of discharging its functions; establish and administer such systems or arrangements as it may consider necessary or expedient for the discharge of its functions; engage in any activity, either alone or in conjunction with or in affiliation to any other organization or agency, whether local or international, for the provision and promotion of continuing professional education and development of architectural professionals; levy such charges or fees as may be reasonable for licensing, registration, services and facilities provided by the Board. Registrar General 6 The Registrar General, appointed as a public officer under section 2 of the Registration (Births and Deaths) Act 1949, shall continue to be the Registrar General under this Act and shall perform the functions and discharge the duties with respect to his office as provided by and under this Act and as the Board may direct. PART 3 RESTRICTIONS ON PRACTICE AND USE OF PROFESSIONAL NAME Practice of architecture 7 (1) Subject to section 22, an individual shall not engage in the practice of architecture unless he is a registered architect, architectural technologist or architectural technician under section 11, is operating under a licensed registered architect, architectural technologist or architectural technician and he has (i) Bermudian status or is a permanent resident; 6

7 (ii) (iii) spouse s employment rights in accordance with the provisions of section 60 of the Bermuda Protection and Immigration Act; or a current and valid permit issued under the Bermuda Immigration and Protection Act 1956 entitling him to be employed in Bermuda as an architect, architectural technologist or architectural technician; or he is a licensed architect, architectural technologist or architectural technician under section 12 and he has (i) Bermudian status or is a permanent resident; is a spouse of a person who holds Bermudian status or is a permanent resident. (2) Subsection (1) shall not prevent an architectural professional licensed under this Act from engaging architectural technologist or architectural technician respectively, registered under this Act, and operating in compliance with the requirements of this Act. (3) Subsection (1) shall not prevent (d) (e) (f) (ii) employees of those lawfully practicing as architects, architectural technologists and architectural technicians under this Act from acting under the instruction, control or supervision of their employer; the practice of engineering by a professionally qualified engineer; the practice of land surveying, building surveying or quantity surveying, by a professionally qualified land surveyor, building surveyor or quantity surveyor; the preparation of designs and drawings for the interior of a building by a professionally qualified interior designer; builders or superintendents employed by such builders from supervising the construction or structural alteration of buildings or structures; the preparation of shop drawings by persons other than architects, architectural technologists or architectural technicians for use in connection with the execution of their work. (g) (h) (i) the practice of landscape architecture or town and urban planning by a professionally qualified landscape architect or planner. the practice of project management by a project manager. the practice of construction management by a construction manager. Restrictions on use of professional name 8 (1) Subject to this Act, a person shall not carry on business under any name, style, or title containing the words "architect, architectural technologist or architectural technician" or "architecture" or any derivative of the words "architect, architectural technologist, architectural technician" or "architecture" unless he is a licensed architect, architectural technologist or architectural technician under this Act; or 7

8 take or use any name, title, description or any derivative of the words "architect, architectural technologist, architectural technician", "architecture" or the words "architectural services" (whether by initials or otherwise), stating or implying that he is an architect, architectural technologist or architectural technician, unless he is a registered architect, architectural technologist or architectural technician under this Act. (2) Subject to this Act, a person shall not recover in any action, for any fee charged, gratuity, remuneration or other reward for services rendered or offered as a professionally qualified architect, architectural technologist or architectural technician, unless he is licensed under this Act as an architect, architectural technologist or architectural technician, as the case may be. (3) A person shall not, take or use or affix to or use in connection with, any premises occupied, any name, title, description, (whether by initials or otherwise) calculated to suggest the possession of any professional status or qualifications as an architect, architectural technologist or architectural technician other than a professional status or qualification which is in fact possessed by that person and which, in the case of a registered or licensed architect, architectural technologist or architectural technician, is indicated by particulars entered in the register in respect of him. (4) Nothing in this section shall affect the use of the designation "naval architect", "landscape architect" or "golf course architect"; or the validity of any building contract in customary form. Offences relating to unauthorised practice 9 A person who contravenes the provisions of this Part commits an offence and is liable on summary conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding six months. PART 4 REGISTRATION AND LICENSING Qualifications for registration and licensing 10 (1) Subject to this Act, a person shall, on application made to the Registrar- General in the prescribed form and on payment of the fee prescribed under the Government Fees Act 1965, be entitled to be registered under this Act if the Board is satisfied that the applicant is ordinarily resident in Bermuda and was, immediately before the operative date, registered under the repealed Act and qualifies to be registered (i) as an architect by virtue of meeting the requirements set out under paragraph 1 of Part 1 of Schedule 2; 8

9 (d) as an architectural technologist by virtue of meeting the requirements set out under paragraph 2 of Part 1 of Schedule 2; or as an architectural technician by virtue of meeting the requirements set out under paragraph 3 of Part 1 of Schedule 2; is a licensed or registered architect, architectural technologist or architectural technician in the United Kingdom, the United States of America, Canada or any other jurisdiction approved by the Board; possesses any license or registration in architecture which, in the opinion of the Board, qualifies him for registration in any of the categories of architectural professions under this Act; or holds qualifications approved by the Board and has completed the required number of years of practical work experience approved by the Board, under the direct supervision of a licensed architect, architectural technologist or architectural technician or an architect, architectural technologist or architectural technician in another jurisdiction having qualifications corresponding to those required of a licensed architect, architectural technologist or architectural technician under this Act; and provides, in the case of an architect, evidence of the successful completion of a professional registration examination in architecture as required by the Board at the end of the period of practical experience under subparagraph (i). (2) Subject to this Act, a person shall, on application made to the Registrar- General in the prescribed form and on payment of the fee prescribed under the Government Fees Act 1965, be entitled to be licensed under this Act if the Board is satisfied that the applicant holds Bermuda Status, is a spouse of a person who holds Bermudian Status or is permanent resident and (ii) (iii) (i) (ii) was, immediately before the operative date, registered under the repealed Act, or, after the operative date, was registered under subsection (1); and holds additional qualifications approved by the Board as set out (i) (ii) (iii) in paragraph 1 of Part 2 of Schedule 2 in the case of an architect; in paragraph 2 of Part 2 of Schedule 2 in the case of an architectural technologist; and in paragraph 3 or 4 of Part 2 of Schedule 2 in the case of an architectural technician in level 1 or 2, respectively; and has completed the required number of years of practical work experience approved by the Board, under the direct supervision of a licensed architect, architectural technologist or architectural technician or an architect, architectural technologist or architectural technician in another 9

10 jurisdiction having qualifications corresponding to those required by a licensed or registered architect, architectural technologist or architectural technician. Application for registration 11 (1) An individual who desires to be registered under this Act ("an applicant for registration") shall apply in the prescribed form to the Registrar-General and shall forward to the Registrar-General, such documents relating to professional qualifications, experience and character, in support of the application as provided for in section 10(1() and as may be prescribed, together with such fees as may be prescribed under the Government Fees Act (2) The Registrar-General shall cause the application and the accompanying documents (if any) to be transmitted to the Board which shall within 30 days of submission, meet to consider the application. (3) In any case where, as a result of its consideration of the application and after making such inquiries, if any, as appear to it appropriate in the circumstances, it appears to the Board that the applicant for registration is eligible for registration, the Board shall inform the Registrar-General of its decision and the Registrar-General shall cause the name of the applicant and his address and his professional qualifications to be entered in the register of registered architects, architectural technologists and architectural technicians, with such other particulars as may be prescribed, and shall cause a certificate of registration in the prescribed form to be completed and forwarded to the applicant. (4) In any case where an applicant for registration does not appear to the Board to be eligible for registration, the Board shall inform the Registrar-General of its decision and the reasons therefor and the Registrar-General shall in turn cause the applicant to be informed of the decision of the Board and the reasons for the decision. (5) An individual aggrieved by any decision of the Board under this section may appeal to the Architectural Professions Appeal Tribunal against the decision in accordance with section 17. Application for Licensing 12 (1) A registered architect, architectural technologist or architectural technician who desires to be licensed to practise architecture and who meets the requirements of section 10(2) shall apply on the prescribed form to the Registrar-General and pay the fee prescribed under the Government Fees Act (2) The Registrar-General shall refer each application under subsection (1), to the Board, and the provisions of section 11 shall apply with necessary modifications, to an application made under this section. (3) General Where the Board approves an application, it shall direct the Registrar- to issue a licence to practise valid for a period of two years entitling the applicant to engage in the practice of architecture in Bermuda; and 10

11 to enter the name of the applicant and the relevant details of the practice of the applicant in the register of licensed architects, architectural technologists and architectural technicians. (4) The Board may direct the Registrar-General to renew a licence to practise architecture if the holder of the licence applies to the Board for renewal of his licence; and pays the renewal fee prescribed under the Government Fees Act 1965 by the date on which the licence expires. (5) A person who is aggrieved by any decision of the Board under this section may appeal to the Architectural Professions Appeal Tribunal against the decision in accordance with section 17. (6) A licensed architect, architectural technologist or architectural technician shall cause the licence issued under this section to be prominently displayed in the business premises of the licensee. Registers for registered and licensed architectural professionals 13 (1) The Registrar-General shall compile and maintain at his office in a correct manner in accordance with this Act and the Regulations, separate registers for registered architects; architectural technologists; architectural technicians; and for licensed architects; architectural technologists; and architectural technicians. (2) The register of registered architects, architectural technologists and architectural technicians is an official record and shall set out (i) (ii) (iii) (i) (ii) (iii) the names, addresses, status and qualifications of registered architectural professionals; and such other particulars as the Registrar-General considers to be necessary or expedient for identifying registered architectural professionals as may be prescribed. (3) The register of licensed architects, architectural technologists and architectural technicians is an official record and shall set out the names, addresses, status and the date of registration of each registered architectural professional under subsection (2); 11

12 (d) qualifying criteria for registration as a licensed architects, architectural technologists and architectural technicians; date and place of registration as a licensed architects, architectural technologists or architectural technicians; and such other particulars as the Registrar-General considers to be necessary or expedient for identifying licensed architects, architectural technologists and architectural technicians as may be prescribed. (4) The Registrar-General shall cause to be published in the Gazette, as soon as may be after 1 January in each year, a list of names and other particulars entered in the registers of registered and licensed architects, architectural technologists and architectural technicians on that date, and a copy of the Gazette containing the most recent list so published shall be prima facie evidence in all courts that the persons whose names are included therein are registered or licensed architects, architectural technologists and architectural technicians; and the absence of the name of any person from the said list shall be prima facie evidence that, that person is not a registered or licensed architect, architectural technologist or architectural technician. (5) In the case of any person whose name does not appear on the registers of registered or licensed architects, architectural technologists and architectural technicians, a certificate signed by the Registrar-General of the entry of the name of such person in the register and the date of such entry, shall be prima facie evidence that he is a registered or licensed architect, architectural technologist or architectural technician; and of the date upon which he became a registered or licensed architect, architectural technologist or architectural technician. (6) In the case of any person whose name appears in the registers of registered and licensed architects, architectural technologists and architectural technicians, a certificate signed by the Registrar-General of the striking off or removal of the name of that person from the register and of the date of the striking off or removal, shall be prima facie evidence that the person is not a registered or licensed architect, architectural technologist or architectural technician; and of the date upon which he ceased by virtue of the striking off or removal, to be a registered or licensed architect, architectural technologist or architectural technician. Alterations to the registers 14 The Registrar-General shall cause to be entered in either the set of registers of registered architects, architectural technologists and architectural technicians or the set of registers of licensed architects, architectural technologists and architectural technicians or both sets, the name of any person whose 12

13 (d) (e) name, having been struck off or removed from the relevant register, is to be restored to the register, on the direction of the Board; shall cause to be made in either the set of registers of registered architects, architectural technologists and architectural technicians or the set of registers of licensed architects, architectural technologists and architectural technicians or both sets, alterations relating to particulars of any registered or licensed architectural professional or licensed architectural professional; shall cause to be removed from any of the set of registers of registered architects, architectural technologists and architectural technicians or any of the set of registers of licensed architects, architectural technologists and architectural technicians or any of both sets, the name of a registered architect, architectural technologist or architectural technician or a licensed architect, architectural technologist or architectural technician, as the case may be (i) (ii) (iii) (iv) (v) (vi) who, being a licensed architects, architectural technologists and architectural technicians, fails to renew his license to practice as required under section 12; who has died; who has applied to have his name removed from the relevant register; who has failed to pay the fees required under this Act; who has failed to complete a continuing professional development or education program required by the Board; or who has been declared bankrupt. shall cause to be struck off either the register of registered architects, architectural technologists and architectural technicians or the register of licensed architects, architectural technologists and architectural technicians or both, the name of a person whose name is to be struck off the register under paragraph 5(3) or 5(4) of the Schedule 3; and may cause such notices, in relation to a decision taken under this section, to be published in the Gazette as appear to him to be expedient in the circumstances. PART 5 DISCIPLINE Code of Professional Conduct 15 (1) Subject to section 16, the Board shall establish a Code of Professional Conduct governing the practice of architecture in Bermuda and requiring all architects, architectural technologists and architectural technicians abide by the Code of Professional Conduct. 13

14 (2) (3) The Board shall publish in the Gazette the Code as first established; and every amendment of the Code. Failure to comply with the Code shall be evidence of professional misconduct. Discipline and professional misconduct 16 Schedule 3 shall have effect in relation to matters of discipline and professional misconduct. PART 6 APPEALS Right of appeal 17 (1) Any person may appeal from the refusal of the Board to issue a certificate of registration or a licence to practise or from an order of the Board made following a decision or recommendation of a committee of inquiry on a question of law; or on the extent or nature of any penalty, to a tribunal constituted in accordance with section 18 by giving notice of appeal within 30 days of service of the decision or order of the Board. (2) The notice of appeal shall be served on the Registrar-General and upon any person at whose request the committee of inquiry was established. (3) The record of appeal from the findings of the committee of inquiry, shall consist of a certified copy of the transcript of the proceedings and the evidence before the committee; and an order of the Board, shall consist of a copy of the order of the Board certified by the chairman. Constitution of Architectural Professions Appeal Tribunal 18 (1) (1A) The Architectural Professions Appeal Tribunal (the Tribunal ) shall consist of a Chairman, Deputy Chairman and three other members. (2) The Chairman and the Deputy Chairman shall be appointed by the Minister for a term not exceeding three years, and shall be barristers and attorneys of at least seven years standing. (2A) The members of the Tribunal, other than the Chairman and the Deputy Chairman, shall be appointed for terms not exceeding two years and shall be 14

15 licensed or registered architectural professionals with not less than ten years experience in an architectural profession. (3) During any period when the Chairman is absent from Bermuda or is for any other reason unable to act, the deputy chairman shall act as chairman; both the Chairman and the Deputy Chairman are absent from Bermuda or are for any other reason unable to act, the Minister may appoint any of the other members of the Tribunal to act as chairman for the period of the Chairman's absence or inability to act. (4) The Minister may, with respect to any appeal and after consulting the Chairman, co-opt not more than two persons who are qualified to be appointed members of the Tribunal to be members of the Tribunal for the hearing of the particular appeal. (5) A person who has been appointed as a member of the Board under section 3 is not eligible to be appointed as a member of the Tribunal unless a period of more than two years has elapsed since he has served as a member of the Board. (6) The members of the Tribunal shall be entitled to receive out of the funds appropriated by the Legislature for the purpose, such fees and allowances as the Minister may determine. Determinations of appeals 19 (1) On an appeal under section 17 the question for the determination of the Tribunal shall be whether, for the reasons adduced by the appellant, the decision was unlawful or not justified by the evidence on which it was based. (2) On any such appeal the Tribunal may confirm or reverse the decision which is the subject of the appeal but shall not have power to vary it except that where the decision was struck off a person from either the register of registered architectural professionals; or licensed architectural professionals, the Tribunal may direct the Board to impose conditions or issue directions instead. (3) Notice of the Tribunal s determination, together with a statement of its reasons, shall be given to the appellant and to the Board; and, unless the Tribunal otherwise directs, the determination shall come into operation when the notice is given to the appellant and to the Board. Costs, procedure and evidence 20 (1) The Tribunal may give such directions as it thinks fit for the payment of costs or expenses by any party to the appeal. (2) The Minister may make regulations with respect to appeals and those regulations may in particular make provision 15

16 (3) procedure. (d) (e) (f) (g) (h) as to the period within which and the manner in which such appeals are to be brought; as to the manner in which such appeals are to be conducted, including provision for any hearing to be held in private and as to the persons entitled to appear on behalf of the parties; for requiring an appellant or the Board to disclose or allow the inspection of documents in his or its custody or under his or its control; for requiring any person, on tender of the necessary expenses of his attendance, to attend and give evidence or produce documents in his custody or under his control and for authorising the administration of oaths to witnesses; for enabling an appellant to withdraw an appeal or the Board to withdraw its opposition to an appeal and for the consequences of any such withdrawal; for taxing or otherwise settling any costs or expenses which the tribunal directs to be paid and for the enforcement of any such direction; for enabling any preliminary or incidental functions in relation to an appeal to be discharged by the chairman or, as the case may be, the deputy chairman of the tribunal; and as to any other matter connected with such appeals. Regulations made under subsection (2) shall be subject to negative resolution (4) A person who, having been required in accordance with regulations made under this section to attend and give evidence, fails without reasonable excuse to attend or give evidence, shall be guilty of an offence and liable on summary conviction to a fine of $10,000. (5) A person who without reasonable excuse alters, suppresses, conceals, destroys or refuses to produce any document which he has been required to produce in accordance with regulations under this section, or which he is liable to be so required to produce, shall be guilty of an offence and liable on summary conviction to a fine of $15,000 or to imprisonment for six months or to both; on conviction on indictment to a fine of $40,000 or to imprisonment for two years or to both. Appeal to Supreme Court 21 (1) An appeal shall lie to the Supreme Court against a decision of the Tribunal made under section 19. (2) An appeal under this section shall lie at the instance of the person aggrieved by the decision of the Architectural Professions Appeal Tribunal and shall be commenced 16

17 by notice of motion filed in the Registry and served on the Tribunal 21 days of the date on which the notice took effect. (3) Rules of Court may be made under section 62 of the Supreme Court Act 1905 for the purpose of regulating the practice and procedure on appeals under this section. (4) On an appeal under this section, the Supreme Court may confirm, reverse, vary or modify the decision of the Tribunal or may remit the matter to the Tribunal with the opinion of the Supreme Court thereon. (5) The court may make such order as to costs as may be just. PART 7 MISCELLANEOUS Authorised visiting architect, architectural technologist or architectural technician 22 (1) The Board may, for special reasons and on payment of such fee as may be prescribed under the Government Fees Act 1965, authorise a person who is registered by a professional body outside Bermuda to practice as an architect, architectural technologist or architectural technician at a level equivalent to that of an architect, architectural technologist or architectural technician registered under this Act, to engage in the practice of architecture in Bermuda for a fixed period and subject to such conditions as the Board may impose. (2) An application for an authorisation under subsection (1) shall be made by a licensed architect, architectural technologist or architectural technician who has a joint venture relationship with the visiting architect, architectural technologist or architectural technician and the application shall indicate that the licensed architect, architectural technologist or architectural technician has liability for the project in respect of which the authorisation is sought. (3) A person authorised under subsection (1) need not be registered as an architect, architectural technologist or architectural technician under this Act but shall, for the period specified in the authorisation, have the powers and privileges of a registered architect, architectural technologist or architectural technician as the case may be. (4) The following provisions shall have effect with respect to an authorisation under subsection (1) the Board shall be satisfied that there is need for the authorisation and that, by virtue of his professional qualifications and suitability, the visiting architect, architectural technologist or architectural technician would meet that need; the authorisation shall have effect for a period not exceeding one year, subject to further extension; the authorisation shall specify the nature of the practice authorised; 17

18 (d) (e) the Board shall specify in the authorisation such conditions or restrictions relating to the practice of architecture as the Board may determine; and the Board may at any time revoke an authorisation or alter its period of validity. (5) A person authorised under subsection (1) shall not engage in the practice of architecture in Bermuda otherwise than in accordance with an authorisation. (6) A person authorised under subsection (1) who engages in the practice of architecture in contravention of an authorisation commits an offence and is liable on summary conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding six months. (7) Nothing in this section applies to a consultant engaged by Government to provide services relating to architecture, provided the specified architectural services are unattainable in Bermuda. Protection from personal liability 23 The members of the Board or any other person acting on their instructions or under the authority of this Act are not personally liable for any loss or damage suffered by any person by reason of any act done by any member of the Board or any other person acting on their instructions or under the authority of this Act in good faith, in the exercise of any of the powers conferred by this Act. Service of notices 24 Any notice required to be given pursuant to this Act may be served personally or by leaving it at, or sending it by registered mail to, the last known residence or business address, as shown on the records maintained by the Registrar-General under this Act, of the person or organisation to whom it is directed. Stamps 25 (1) The Board shall issue to every licensed architect, architectural technologist or architectural technician, a stamp of a prescribed design. (2) Every licensed architect, architectural technologist or architectural technician to whom a stamp has been issued in his own name, shall sign and affix his stamp to all designs, construction drawings and documents for a building, which have been prepared by him or under his supervision. (3) A licensed architect, architectural technologist or architectural technician who fails to sign and affix his stamp to a final design or construction document, as required by this section, commits an offence of professional misconduct. (4) All stamps issued under this section shall remain the property of the Board and shall be returned to the Board in the event of the death, resignation or removal from the register, of the architect, architectural technologist or architectural technician. 18

19 False statements 26 Any person who provides any false information in any application for registration or licensing under this Act commits an offence and is liable on summary conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding six months. Regulations 27 (1) The Minister may in consultation with the Board, make statutory instruments (1A) (d) (e) (f) (g) prescribing forms, notices or other documents to be used for the purposes of this Act; prescribing documents required to be forwarded with applications under this Act; prescribing the necessary qualifications, experience and status eligibility for registration and licensing; prescribing building limitations applicable to each category of architectural professional; prescribing continuing professional education and other requirements for the renewal of certificates; prescribing any other matters to be prescribed under this Act; and generally, for carrying into effect any provisions of this Act. The Minister may amend Schedules 2 and 3. (2) Statutory instruments made under this Act and the amendment of Schedules 2 and 3 shall be subject to the negative resolution procedure. Moneys collected under this Act 28 Any fine, fees or penalty paid under this Act shall, unless otherwise directed, be paid into the Consolidated Fund. Consequential amendment 29 The First Schedule to the Government Authorities (Fees) Act 1971 is amended in Part B by deleting the entry relating to the Architects Registration Council and substituting "Architectural Registration Board established by section 3 of the Architectural Professions Act 2012". Saving 30 Nothing in this Act shall derogate from the Bermuda Immigration and Protection Act Repeal and transitional provisions 31 (1) The Architects Registration Act 1969 is repealed. 19

20 (2) Notwithstanding subsection (1), any person who on the operative date was registered under the repealed Act shall be deemed from the operative date to be registered and licensed under this Act. (3) Notwithstanding subsection (1), any subordinate legislation made under the repealed Act shall continue in operation as if made under this Act. Commencement 32 This Act shall come into operation on such day as the Minister may appoint by Notice published in the Gazette, and the Minister may appoint different days for different provisions. 20

21 SCHEDULE 1 ARCHITECTURAL REGISTRATION BOARD (Section 3(3)) 1 The members of the Board shall be appointed by the Minister for a term not exceeding three years. 2 (1) In appointing members to the Board, the Minister shall ensure that, at the initial formation of the Board after the operative date, the appointments are staggered to establish a rotation. (2) For the purposes of the initial formation of the Board after the operative date, the references in section 3(2) to "architect, architectural technologist or architectural technician" and "architects, architectural technologists or architectural technicians" shall be construed as references to persons who in the Minister s opinion are eligible to be registered or licensed under this Act. 3 (1) The Chairman shall be appointed annually by the Minister from among the members of the Board. (2) If at any time a person holding office as Chairman ceases to hold office as such or ceases to be a member of the Board, the Minister shall appoint another person to be Chairman in his stead. 4 A member of the Board whose term has expired may be reappointed. 5 If the Minister is satisfied that a member is by reason of ill-health or absence from Bermuda or other sufficient cause unable to perform his duties as a member, the Minister may appoint another person to act for that member during the period of his incapacity. 6 The Chairman may at any time resign his office by giving the Minister a signed notice in writing, of his resignation. 7 A member of the Board may at any time resign his office by giving the Chairman a signed notice in writing, of his resignation. 8 The Minister may at any time declare the office of a member vacant if he is satisfied that the member has failed without sufficient cause to attend three consecutive meetings of the Board; is incapacitated by physical or mental illness; or has otherwise become unable or unfit to perform his duties as a member. 21

22 9 A person appointed to fill a vacancy left by a member who did not complete his term of office may be appointed for the unexpired portion of that member s term and no longer, but an appointment to such a vacancy need not be made where the unexpired portion of the term is less than three months. 10 Five members of the Board shall constitute a quorum at any meeting of the Board. 11 If the Chairman is absent from a meeting of the Board, the members present shall elect one of their number to act as Chairman at that meeting. 12 Any question for decision by the Board shall be decided by a majority of the members present and voting; each member has one vote, except that the person presiding shall have a second vote, if there is a tie. 13 An act of the Board shall not be invalid by reason only of a vacancy in the Board s membership or a defect in a member s appointment. 14 Subject to this Schedule, the Board may regulate its proceedings as it sees fit. 22

23 SCHEDULE 2 Section 3 (1) (2) (3) REGISTRATION LICENCING AND RESTRICTIONS OF PRACTICE Architectural Professions Act 2016 PART 1 REGISTRATION Registration Category Eligibility Requirements SCHEDULE 2 Registration requirements in Bermuda Certificate of Registration Architect Under the Architectural Professions Act 2016 Act. and amendments thereafter. Licensed or Registered as an Architect in the UK, USA, Canada or other overseas jurisdiction recognized by the Board, or Holds a degree in architecture from an accredited school of architecture approved by the Board and passed a professional registration exam in architecture approved by the Board plus a minimum 2 years work experience. The Certificate of registration shall bear the title Architect, registration number, date of registration and name of the registered person. Architectural Technologist Under the Architectural Professions Act 2016 Act. and amendments thereafter. Registered as an Architectural Technologist in the UK or Canada or other overseas jurisdiction approved by the Board, or holds a Degree, Diploma or Higher Certificate in Construction Technology or Architectural Technology from an educational institute approved by the Board, with a minimum 4 years work experience, or *Minimum 8 years work experience with no formal academic qualifications under the supervision of a registered architect or architectural technologist. or (d) *Minimum 10 years work experience with no formal academic qualifications as self employed, sole practitioner, partner or director. The Certificate of registration shall bear the title Architectural Technologist, registration number, date of registration and name of the registered person. * See Note 7. Requirement and (d). Architectural Technician Notes. Under the Architectural Professions Act 2016 Act. and amendments thereafter. holds a Certificate in Construction Technology or Architectural Technology from an educational institute approved by the Board, with a minimum 2 years work experience, or Minimum 5 years work experience with no formal academic qualifications under the supervision a registered architect or architectural technologist. The Certificate of registration shall bear the title Architectural Technician, registration number, date of registration and name of the registered person. 1. Application for registration is to be submitted to the Registrar General. 2. The Board shall review all applications for Registration and make a recommendation to the Registrar General based on the requirements in this Act and any supplementary information which the Board may require to make a determination and recommendation for approval. 3. Practical work experience shall be acquired under the supervision of a Registered Architect or Registered Architectural Technologist as appropriate or as approved by the Board on a case by case basis. Practical experience may also be accrued overseas under the supervision of the equivalent registered or licensed practitioner. 4. Practical work experience shall encompass all work stages of the design of a Building in a manner as determined by the Board. 5. All registered Architects, Architectural Technologists and Architectural Technicians are bound by the Code of Professional Conduct. 6. The administrative and issuing body for registration and licensing is the Office of the Registrar General. 7. Requirements and (d) will be spent 2 years immediately following the date of enactment of this Act. 23

24 SCHEDULE 2 Section 3 (1) (2) (3) REGISTRATION LICENCING AND RESTRICTIONS OF PRACTICE Architectural Professions Act 2016 PART 2 LICENSING License Category Eligibility Requirements Practical Work Experience License and Stamp A 1. Registered Architect who holds Bermuda status or permanent residency or is a spouse of such a person. As required for Registration. Stamp shall bear the licence category A, licence number, name of the licencee and the legend Licensed Architect Bermuda. AT 1. Registered Architectural Technologist who holds Bermuda status or permanent residency or is a spouse of such a person. As required for Registration as an Architectural Technologist, and Evidence presented to the Board of 15 years work experience of which 10 years shall be as self employed, sole practitioner, partner or director or under the supervision of a registered architect. Work experience shall include work experience on a variety of building types, use classes and gross floor areas in excess of 10,000 square feet and administration of construction contracts and shall be subject to approval by the Board. Stamp shall bear the licence category AT, licence number, name of the licencee and the legend Licensed Architectural Technologist Bermuda. AT1 1. Registered Architectural Technologist who holds Bermuda status or permanent residency or is a spouse of such a person. As required for Registration as an Architectural Technologist. Stamp shall bear the licence category AT1, licence number, name of the licencee and the legend Licensed Architectural Technologist Bermuda. AT2 1. Registered Architectural Technician who holds Bermuda status or permanent residency or is a spouse of such a person. As required for Registration as an Architectural Technician. Stamp shall bear the licence category AT2, licence number, name of the licencee and the legend Licensed Architectural Technician Bermuda. Notes. 1. Application for licensing is to be submitted to the Registrar General. 2. All license holders are required to be registered and hold Bermuda status or permanent residency or be a spouse of a person that holds Bermuda status or permanent residency. 3. The Board shall review all applications for Licensing and make a recommendation to the Registrar General based on the requirements in this Act and any supplementary information which the Board may require to make a determination and recommendation for approval. 4. Practical work experience shall be acquired under the direct supervision of a Registered Architect or Registered Architectural Technologist or as approved by the Board on a case by case basis. Practical experience may also be accrued overseas under the direct supervision of the equivalent registered practitioner. 5. Practical work experience shall encompass all work stages of the design of a Building in a manner as determined by the Board. The number of years work experience shall be interpreted as an established number of recorded hours to be set by Board policy. 6. All licensed Architects, Architectural Technologists and Architectural Technicians are bound by the Code of Professional Conduct determined by this Act. 7. The administrative and issuing body for registration and licensing is the Office of the Registrar General. 8. All designs, construction drawings and documents for a Building shall be affixed with the licence holder s stamp and across the stamp signed by the licence holder. 9. All license holders are to purchase and maintain Professional Indemnity Insurance. 24