Building Control Act 2007

14.

Registration of architects.

14.— (1) The registration body shall establish a register for architects (the “register”).

(2) Each of the following is eligible for registration in the register:

( a) a graduate of—

(i) the National University of Ireland,

(ii) the Dublin Institute of Technology, or

(iii) such other educational body as may be prescribed,

who has received from it in any year prior to 2005 the degree of Bachelor of Architecture or the Diploma in Architecture of degree standard or in 2005 or any subsequent year the degree of Bachelor of Architecture (Honours), or such other degree, diploma or other qualification as may be prescribed and who, in each case—

(I) has passed a professional practice examination specified by the body referred to in subparagraph (i), (ii) or (iii), as the case may be, or

(II) can demonstrate that he or she has 7 years of post-graduate experience of performing duties commensurate with those of an architect such as would entitle the person to seek the grant of an exemption by the body referred to in subparagraph (i), (ii) or (iii), as appropriate, from having to undergo the examination referred to in clause (I);

( b) a person who is a fellow or member of the registration body;

( c) a person eligible for such registration by virtue of section 15 or 16 (which relate to holders of qualifications from other states);

( d) a person in respect of whom a notice in writing, dated 7 January 1997, 13 March 1997 or 11 June 1997, was sent by the Minister (whether to the person or to an organisation representing the person in the matter) stating that the person was successful in his or her application to be included in the relevant list;

( e) a person who has been employed in the State for at least 7 years under the supervision of an architect (who is eligible for registration under this section) and who, as part of a social betterment scheme or part-time third level course, attains a certificate or diploma of degree standard equivalent to any degree, diploma or qualification referred to in paragraph (a) and who has passed a professional practice examination specified by a body referred to in subparagraph (i), (ii) or (iii) of that paragraph;

( f) a person who—

(i) has at least 7 years’ practical experience of performing duties commensurate with those of an architect in the State,

(ii) is at least 35 years of age, and

(iii) has passed a prescribed register admission examination;

( g) a person (not being a person who is eligible for registration pursuant to section 15 or 16 ) who—

(i) has been awarded in a state other than—

(I) a Member State, or

(II) on an agreement referred to in s ection 15(1)(f) being entered into and taking effect in relation to a state which is a member of the World Trade Organisation, that state,

a degree, diploma or other qualification in architecture, and

(ii) can demonstrate that he or she has sufficient post-graduate experience of performing duties commensurate with those of an architect;

( h) a person who has been assessed as eligible for registration by the Technical Assessment Board in accordance with the practical experience assessment procedures;

( i) an Irish citizen who as attested by a certificate of the registration body is authorised by the registration body to use the title of “architect” by virtue of the distinguished quality of his or her work in the field of architecture (which authorisation the registration body is empowered, by virtue of this paragraph, to grant).

(3) The registration body may accept as sufficient compliance by a person with subsection (2)(a)(II) a statutory declaration by the person that he or she possesses the experience referred to in that provision.

(4) Membership of the registration body is not a prerequisite for registration in the register or continuance of registration but all registered professionals are eligible for membership of the registration body and the same fee shall be charged for registration in the register whether or not the particular person is a member of the registration body.

(5) No prescribing in respect of an educational body or in respect of any degree, diploma or other qualification that is awarded or conferred by it shall be done for the purposes of subsection (2)(a) unless the Minister is satisfied that the course provided by the body leading to the award or conferral of the degree, diploma or other qualification provides the requisite instruction in the various elements of the discipline of architecture in accordance with Article 46 of the Directive.

F5 [ (6) For the purposes of the Minister satisfying himself or herself of the matter referred to in subsection (5), the Minister shall consult with the Qualifications and Quality Assurance Authority of Ireland. ]

(7) In subsection (2)(d)“relevant list” means the list of persons whom the Minister had proposed to certify under the terms of the amendment that the State had proposed should be made, in accordance with the procedures under the Treaty establishing the European Community, to Council Directive 85/384/EEC 2 of 10 June 1985 on the mutual recognition of diplomas, certificates and other evidence of formal qualifications in architecture, including measures to facilitate the effective exercise of the right of establishment and freedom to provide services.

Annotations:

Amendments:

F5

Substituted (5.11.2012) by Qualifications and Quality Assurance (Education and Training) Act 2012 (28/2012), s. 86 and sch. 3 item 15, S.I. No. 421 of 2012.

Editorial Notes:

E8

Qualification prescribed for purposes of subs. (2)(a)(iii) (12.12.2014) by Building Control (Prescribed Qualifications) Regulations 2014 (S.I. No. 566 of 2014), reg. 2 and sch.

E9

Examination prescribed for purposes of subs. (2)(f) (10.09.2012) by Building Control (Prescribed Bodies and Courses) Regulations 2012 (S.I. No. 341 of 2012), reg. 3 and sch. 2.

E10

Bodies prescribed for purposes of subs. (2)(a)(iii) (10.09.2012) by Building Control (Prescribed Bodies and Courses) Regulations 2012 (S.I. No. 341 of 2012), reg. 2 and sch. 1.

2 O.J. L223/15, 21.8.1985