Citation and commencement

1.  This Order may be cited as the Architects Act 1997 (Amendment) Order 2016 and comes into force on 9th December 2016.

Amendments to the Architects Act 1997

2.-(1) The Architects Act 1997(3) is amended in accordance with the following paragraphs.

(2) In section 4(2A)(c) (registration in Part 1 of the Register: general)-

(a)in paragraph (i) for "regulation 3(9)(a), (b), (c) or (e) of the European Communities (Recognition of Professional Qualifications) Regulations 2007" substitute "regulation 3(8)(a), (b), (c) or (e) of the European Union (Recognition of Professional Qualifications) Regulations 2015(4)"; and

(b)in paragraph (ii)-

(i)for "regulations 20 to 26" substitute "regulations 27 to 34"; and

(ii)for "regulation 3(4)" substitute "regulation 3(5)".

(3) In section 4A(1) (registration in Part 1 of the Register: European qualifications)-

(a)in paragraph (c) for "paragraph 1 of Article 47" substitute "paragraph 3 of Article 49";

(b)in paragraph (d)-

(i)omit "paragraph 2 of",

(ii)in sub-paragraph (i) for "that paragraph" substitute "Article 47 of the Directive", and

(iii)in sub-paragraph (ii) for "paragraph" substitute "Article"; and

(c)in paragraph (e)-

(i)for "paragraph 1" substitute "paragraphs 1 and 1a", and

(ii)for "Annex VI" substitute "Annexes V and VI".

(4) In section 6(2A) (registration: further procedural requirements)-

(a)for "regulation 25(1)(b) of the European Communities (Recognition of Professional Qualifications) Regulations 2007" substitute "regulation 32(1)(b) of the European Union (Recognition of Professional Qualifications) Regulations 2015"; and

(b)for "regulation 25(3)(b)" substitute "regulation 32(3)(a)".

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Architects Act 1997 ("the Act") to update references to Directive 2005/36/EC on the recognition of professional qualifications (OJ L 255, 30.9.2005, p.22) ("the principal Directive"), last amended by Directive 2013/55/EU amending Council Directive 2005/36/EC on the recognition of professional qualifications and Regulation (EU) No 1024/2012 on administrative cooperation through the Internal Market Information System (OJ L 354, 28.12.2013, p.132) ("the 2013 Directive"), and to the United Kingdom regulations that implement the principal Directive. The regulations in question are the European Communities (Recognition of Professional Qualifications) Regulations 2007 (S.I. 2007/2781) ("the 2007 Regulations"), which are now revoked and replaced by the European Union (Recognition of Professional Qualifications) Regulations 2015 (S.I. 2015/2059) ("the 2015 Regulations"). The 2015 Regulations implemented the amendments to the principal Directive made by the 2013 Directive.

The amendments to the Act are in article 2. Article 2(2) and (4) replaces references to provisions of the 2007 Regulations with references to the equivalent provisions in the 2015 Regulations. Article 2(3) amends references to provisions of the principal Directive in accordance with changes made by the 2013 Directive. Those changes reorder and update certain references to the recognition of various qualifications recognised in other member states of the European Union.

An impact assessment has not been prepared for this Order, as it has no impact, or minimal impact, on the public, private or voluntary sector.