ARCHITECTS ACT 1969
1. For the purpose of an inquiry to be held under section 14, the Board shall appoint six persons, including the chairman, the legal adviser and the secretary from among its members to constitute a disciplinary committee and shall appoint one of them to be chairman of the committee.
2. (1) The Board shall prepare a statement setting out the charges to be investigated by the disciplinary committee, and the secretary shall transmit a copy of the statement to each member of the committee and to the person whose conduct is the subject of the inquiry.
2. (2) Where the inquiry is to be held in consequence of a petition or complaint by a person alleging misconduct, the secretary shall, in addition to the statement transmit a copy of that petition or complaint to each of the members of the disciplinary committee.
3. (1) The secretary shall give notice of the first date fixed for the inquiry to the person whose conduct is the subject of the inquiry.
3. (2) A notice under subparagraph (1) shall, at least fourteen days before the date fixed for the inquiry, be delivered by hand at, or sent through the post by registered letter addressed to, the last known address of that person.
3. (3) Where a person to whom a notice is given under subparagraph (1) fails to appear in person or is not represented by counsel, the inquiry may be held by the disciplinary committee in the absence of that person.
3. (4) Notice of a date to which the inquiry is adjourned shall be given by the chairman of the committee personally to the person whose conduct is the subject of inquiry or be given in the manner provided in subparagraph (2).
4. (1) Where the Board is of the opinion that the evidence of a person, or the production by a person of a document is necessary to enable a matter to be investigated by a disciplinary committee, the Board shall direct the secretary to require the attendance of that person, or the production by that person of the document, at the time and place specified in a notice which shall be delivered by hand at, or sent through the post by registered letter addressed to, the last known place of residence of that person.
4. (2) A person who is served with a notice under subparagraph (1) and who fails, without reasonable cause, to attend or to produce the document, at the time and place specified in the notice, commits an offence under this Act.
4. (3) The secretary shall be the secretary of each disciplinary committee and a notice issued under this Schedule shall be signed by the secretary.
4. (4) A disciplinary committee may administer an oath or affirmation to a person who is required to give evidence before it, and a person who refuses to be sworn or affirmed, or to answer a question that is put to that person concerning a matter in respect of which the inquiry is held, commits an offence under this Act.
4. (5) A person who on examination, on oath or affirmation before a disciplinary committee wilfully gives false evidence commits an offence under this Act.
4. (6) A person whose conduct is the subject of an inquiry, or who is in any way concerned or implicated in the inquiry, may be represented by counsel at the inquiry.
4. (7) The Council may engage a legal practitioner to assist the disciplinary committee as to the leading and taking of evidence.
4. (8) An inquiry held by a disciplinary committee shall, unless the Board otherwise determines, be held in camera.
4. (9) A question before a disciplinary committee shall be determined by the decision of the majority of the members of that committee, and in the event of an equality of votes the chairman shall have a second or casting vote.
4. (10) On the conclusion of an inquiry, the disciplinary committee shall prepare and transmit to the Board a report embodying the findings on the matters in respect of which the inquiry was held.
ACTS CONSTITUTING MISCONDUCT
[Sections 14, 24]
- Each of the following acts by an architect constitutes professional misconduct:
- allowing any other person to practise in the name of that architect as an architect unless that person is also an architect and is in partnership with or employed by that architect;
- entering into a partnership with a person who is an architect or a structural engineer or a quantity surveyor, or securing a professional business through the services of a person not qualified to be an architect, or by means which are not open to an architect4(4); or
- entering into partnership in a limited liability company.
- Each of the following acts or omissions by an architect constitutes professional misconduct:
- holding or assuming or consciously accepting a position in which the interest of the architect is in conflict with the professional duty of the architect;
- accepting a remuneration, other than professional fees or salary payable by the employer of that architect, from a source in connection with the works and duties entrusted to that architect;
- failing to uphold and apply the scale of professional charges of the Institute;
- accepting work involving the giving or receiving of discounts or commissions, or accepting a discount, gift or commission from a contractor or a tradesman whether employed on the works of the tradesman or not;
- accepting a remuneration other than fees, salary or royalty for acting as an architectural consultant, or assistant to an architectural consultant; or soliciting orders from building contractors, decorators, manufacturers, estate agents, development firms or companies or firms or companies trading in materials used in, or whose activities are otherwise connected with, the building industry;
- allowing the name and affix of the architect to appear on the note paper of firms or companies described in subparagraph (e) of this paragraph other than in connection with the professional services of that architect;
- acting in a professional capacity, when engaged as an architectural consultant, adviser or assistant to the firms and companies described in subparagraph (e) of this paragraph for a third party to whom the principals of the architect owe a contractual duty, unless the parties agree that the architect may act as an independent architect on direct instructions of the third party and the architect receives payment of the fees direct;
- acting as a director in a firm or company carrying on business as auctioneers, house and estate agents or trading in materials used in, or whose activities are otherwise connected with the building industry or trading in land or buildings for profit;
- allowing the professional affix of that architect to appear on the notepaper of a firm or company of which that architect is a director and from which that architect is prohibited by subparagraph (h) of this paragraph;
- carrying on or acting as principal, partner or manager of a firm carrying on any of the trades or businesses specified in subparagraph (h) of this paragraph;
- advertising or offering the professional services of that architect to a person or body corporate by means of circulars or otherwise, or making paid announcements in the press or the electronic media except when:
- applying to prospective employers for a salaried appointment;
- advertising a professional appointment open or wanted, directed only to members of the profession concerned;
- responding to an advertisement addressed to members of the profession inviting them to submit their names for inclusion in a panel or list of architects, provided the response does not contravene a clause in the Code of professional Conduct;
- notifying the architectural professional press or the electronic media at once of a change of address, and
- notifying by post, the correspondents of that architect at once, of a change of address;
- giving monetary considerations for illustrations and descriptions of work of that architect to be published in the press or the electronic media or allowing the publications to be used by the publishers, or for attempting to distribute the publications to potential clients;
- exhibiting, concerning that architect, the name or signature to the buildings outside the office, or on buildings in the course of construction, alteration or extension, in an ostentatious manner or in lettering exceeding two feet in height;
- attempting to supplant another architect, or competing with another architect by means of a reduction of fees or any other inducements;
- failing to notify another architect when approached or instructed to proceed with professional work on which the other architect was previously employed;
- when employed as a salaried and official architect by a central or local government department or statutory body, and by reason of office that architect is in a position to grant or influence the granting of a form of statutory approval, that architect undertakes private work, despite a permission from the employers to do so, unless that architect is satisfied that the position and action in the matter will be free from a suspicion or suggestion of abuse;
- failing to act in an impartial manner in cases of dispute between a building owner and a contractor;
- permitting the insertion in tenders, bills of quantities or any other contract documents which provide for payment to be made to that architect by the contractor regardless of consideration, unless with the full knowledge and approval of the employer;
- taking part in an architectural competition as to which the Council has by a resolution prohibited members from taking part, because the conditions are not in accordance with the Institute’s Regulations for architectural competitions, or being associated in any way with the carrying out of a design selected as a result of a competition which the Board has by a resolution prohibited members from taking part;
- failing to notify the secretary at once on being asked to take part in a limited competition of the particulars of the competition; and
- acting as an architect or joint architect for a work which is or has been the subject of a competition in which that architect is or has been an assessor, or acting as consulting architect unless appointed before the inception of the competition, or having been approached by the promoters to advise on the holding of a competition, with the view to that architect acting as an assessor, acting as architect for the work, if it is eventually decided not to hold a competition, but to appoint an architect to carry out the work.
- Despite anything to the contrary contained in paragraphs 1 and 2 of this Schedule, the conduct of an architect does not constitute a professional misconduct by reason only if that architect
- entering into or being in partnership with a person outside the Republic who is a member of a society or institute of architects which is in the opinion of the Board of equivalent status to the Institute;
- securing professional business by reason of that partnership;
- allowing that partnership to be carried on in the name of that architect; and
- paying or allowing or agreeing to pay or allow to that partner a share out of the fees or profits.