ARCHITECTS ACT 1969

THE COUNCIL AND ITS BOARD

1. Establishment of the Council

There is established in accordance with this Act an Architects Registration Council to perform the functions assigned to it by this Act.

2. Incorporation of the Council
  1. The Council is a body corporate having perpetual succession and a common seal and may sue or be sued in its corporate name.
  2. The Council may hold, acquire or dispose of movable or immovable property for the purposes of this Act, and may do the things that appear to the Board to be necessary for the performance of the functions of the Council under this Act.
  3. The common seal of the Council shall be kept in the custody determined by the Board and shall not be affixed to a document or an instrument except by order of the Board, and in the presence of two members of the Board who shall sign the document or instrument independently of the signature of a person who may have signed the document or instrument as a witness.
3. The Governing Body
  1. The governing body of the Council is a Board consisting of
    1.  one registered architect nominated by the Ministry responsible for Works and Housing or in the event of separation, the Ministry responsible for Works,
    2.  five persons nominated by the Institute of Architects,
    3.  one person nominated by the Faculty of Architecture of Kwame Nkrumah University of Science and Technology,
    4.  one person nominated by the Ghana Academy of Arts and Sciences,
    5.  one legal adviser nominated by the Attorney-General, and
    6.  the Registrar of the Council nominated by the Institute.
  2. The Board shall elect a registered architect as chairman from amongst its members.
4. Term of Office of Members
  1.  A member of the Board shall hold office for five years from the date of appointment.
  2.  A member shall vacate office by writing signed personally by the member and addressed to the chairman of the Board.
  3.  In the event of the death of or vacation of office by a member, the body which nominated the member shall appoint another person.
  4.  A member who vacates office by effluxion of time is eligible for re-appointment.
5. Functions of The Council
  1. The Council shall be concerned with the architectural profession and is charged with the responsibility of securing the highest practicable standards in the practice of architecture.
  2. The other functions of the Council are to:
    1.  prescribe or approve courses of study for, and the conduct and standards of qualifying
      examinations for registration as a registered architect under this Act,
    2.  maintain and publish a register of architects,
    3.  prescribe and uphold standards of professional conduct and ethics, and
    4.  control the practice of architecture.
6. By-laws

The Council may make by-laws for:

  1.  the management and duties of the Council, the holding of meetings by the Council, and the issue of notices calling meetings of the Council;
  2.  the functions of officers of the Council;
  3.  the appointment of committees and the functions and proceedings of the committees;
  4.  the administration, investment and expenditure of the property and funds of the Council;
  5.  the definition of unprofessional conduct and for the determination of the mode of inquiry into and the method of dealing with an issue of misconduct and the penalties which may be imposed on a member found guilty of a misconduct;
  6.  the scale of fees to be charged by architects for professional advice, services rendered and work done;
  7.  the fees to be paid for initial and annual registration
  8.  prescribing the procedure to be followed by persons applying for registration; and
  9.  instructions and orders conducive to the maintenance and improvement of the status of architects.
7. Officers

The Board may appoint a secretary and any other officers and employees as it may consider necessary.

8. Funds
  1.  The Council shall establish and maintain a fund under its management and control, into which shall be paid the moneys received by the Council by way of grants-in-aid from the Government or otherwise, and out of which shall be met the expenses and liabilities incurred by the Council in performing its functions under this Act.
  2.  The Council may invest moneys in the fund in securities of the Government or in any other securities approved by the Board.
  3.  The Council may borrow money for the purposes of the Council and may pay interest on that money out of the funds of the Council.
  4.  The annual accounts of the Council shall be audited in accordance with article 189 of the Constitution.
  5.  The accounts for the preceding year as audited shall be approved by the members at the annual general meeting.
9. Meetings of the Board
  1.  The Board shall meet at intervals not exceeding three months, and at the time and place agreed on by the Board.
  2.  Six members shall form a quorum at a meeting of the Board.
  3.  Seven days notice of a meeting of the Board, or not less than twenty-four hours in the case of emergency, shall be delivered or sent by the secretary to each member of the Board.
  4.  The notice shall state the place, the day, and the hour of the meeting and in the case of a special business, the general nature of the business.
  5.  An accidental omission to send, or the non-receipt of, a notice referred to in subsection (3) by a member shall not invalidate the proceedings of the meeting.
  6.  The chairman or two members may require the secretary to summon a meeting.
  7.  In the absence of the chairman the members present at a meeting shall elect one of their numbers to act as chairman.
  8.  Questions arising at a meeting of the Board shall be determined by a simple majority of the votes cast, and in the case of an equality of votes, the person presiding shall have a casting vote.
  9.  Subject to this Act, the chairman at a meeting of the Board may, with the consent of the members present, adjourn the meeting, but a business shall not be transacted at an adjourned meeting other than the business left unfinished at the meeting from which the adjournment took place.
  10.  Notice shall not be given of an adjourned meeting unless it is so directed in the resolution for the adjournment.
  11.  Proper minutes shall be recorded of the resolutions and proceedings of meetings of the Board and of a committee of the Board, and the minutes as signed by the person presiding at the meeting to which it relates, is conclusive evidence of the facts stated in the minutes.