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Architects Act [Cap 258]

LAWS OF FIJI

CHAPTER 258

ARCHITECTS

Ordinances Nos. 45 of 1959, 7 of 1966, 23 of 1969,
Acts Nos. 33 of 1974, 8 of 1977.

AN ACT TO PROVIDE FOR THE REGISTRATION OF ARCHITECTS IN FIJI

(18th December, 1959

Short title

1. This Act may be cited as the Architects Act.

Interpretation

2. In this Act, unless the context otherwise requires-

"Board" means the Architects Registration Board established under the provisions of this Act;

"Council" means the Architects Registration Council of the United Kingdom established under the provisions of the Architects (Registration) Act 1931;

"register" means the Register of Architects required to be kept under the provisions of this Act;

"Registrar" means the person who from time to time holds or acts in the post of Government Architect.
(Amended by 7 of 1966, s. 34.)

Establishment of Architects Registration Board

3.-(1) For the purposes of this Act, there shall be established an Architects Registration Board consisting of the Registrar who shall be Chairman and two architects appointed by the Minister.

(2) Subject to the provisions of this Act, the Board may regulate its own procedure and may frame rules for that purpose.

(3) The Board shall cause proper records of its proceedings to be kept.

Application for registration

4.-(1) Where any person desires to be registered under this Act, he shall apply in writing to the Registrar submitting such evidence as may satisfy the Board that he is entitled to be registered.

(2) Upon receipt of an application made under the provisions of this section, the Registrar shall convene a meeting of the Board who may approve or refuse such application, or request the applicant to re-apply and provide such information as the Board may reasonably require:

Provided that in the event of any such application being refused, the Registrar shall serve upon the applicant a notification of such refusal.
(Proviso inserted by 23 of 1969, s. 2.)

Duties of Registrar

5.-(1) The Registrar shall keep a register in the form contained in the Schedule called "the Register of Architects" in which shall be registered the names of all persons approved by the Board.

(2) The Registrar in the month of January each year shall publish in the Gazette a list of the names of persons registered in the register.

Persons entitled to registration

6. Subject to the provisions of this Act any person is entitled to be registered in the register who is either-

(a) registered or possesses qualifications which would entitle him to be registered in the Register of Architects maintained by the Council; or

(b) possesses such other qualifications as may be prescribed by the Board from time to time:

Provided that no person shall be entitled to registration under this section unless he satisfies the Board that he possesses adequate knowledge and experience of the systems of building and the practice of architecture in Fiji.
(Proviso inserted by 8 of 1977, s. 2.)

Removal of name from register

7.-(1) If any person who has been duly registered under the provisions of this Act shall-

(a) be convicted of any felony or misdemeanour;

(b) be guilty of any act or conduct which in the opinion of the Board is infamous in any professional respect;

(c) be guilty of a breach of the code of professional conduct referred to in section 14;

(d) be disentitled to practise architecture in the United Kingdom or in any other country in which he was granted a recognized architectural qualification;

(e) cease to practice in Fiji or be absent from Fiji for a continuous period of at least three years,

the Board may after due inquiry order that the name of such person be removed from the register in which case the Registrar shall serve upon such person a notification of such removal.
(Amended by 23 of 1969, s. 2.)

(2) A person whose name has been removed from the register may apply for re-instatement and the Board, upon receipt of satisfactory evidence of proper reasons for his re-instatement, may approve such re-instatement.

Alterations to register

8. The Registrar shall from time to time make any necessary alterations to the register, including the erasure of the name of any deceased person.

Appeals against decisions of the Board

9. Any person aggrieved-

(a) by the refusal of the Board to approve his application for registration; or

(b) by the removal of his name from the register; or

(c) by the refusal of the Board to approve re-instatement of his name in the register,

may, within three months of such refusal or removal, as the case may be, appeal to the Supreme Court.

Unregistered persons not to use title of architect

10.-(1) No person shall be entitled to take or use the name or title of architect (either alone or in combination with any other word or words) or any name, title, addition or description implying that he is registered under this Act, or that he is a person specially qualified to practise architecture unless he is registered under this Act.

(2) Any person, not being registered under this Act who takes or uses any such name, title, addition or description as aforesaid, whether expressed in word or by letters, or partly in words and partly in letters, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding two hundred dollars.

(3) The provisions of this section shall not apply to the use of the designation "Naval Architects" or "Golf Course Architects".
(Amended by 23 of 1969, s. 5.)

Penalty for obtaining registration by false pretences

11. Every person who wilfully procures or attempts to procure himself to be registered under this Act by making or producing or causing to be made or produced any false or fraudulent representation or declaration either verbally or in writing, shall be guilty of an offence and liable to a fine not exceeding two hundred dollars or to imprisonment for twelve months.

Evidence of registration

12.-(1) The list of names of persons registered in the register published in the Gazette under the provisions of subsection (2) of section 5 shall be evidence in all cases before any court (until the contrary be made to appear) that the persons named in such list are registered under this Act, and the absence of the name of any person from such copy shall be evidence (until the contrary be made to appear) that such person is not registered under this Act.

(2) Notwithstanding the provisions of subsection (1), a certified copy under the hand of the Registrar of the entry of the name of a person in the register shall be evidence that such person is registered under this Act, and a certificate under the hand of the Registrar that a person is not registered in the register or has been removed from the register shall be evidence of such non-registration or removal as the case may be.

Fees

13. Any person registered under the provisions of this Act, other than an architect employed in the public service, shall pay a fee of fifty dollars a year due and payable on or by the date of registration or re-instatement, as the case may be, and upon each anniversary of such date during the currency of such registration to the Registrar, who shall pay such fee into the Consolidated Fund.
(Amended by 8 of 1977, s. 2.)

Code of professional conduct

14. The Board may prepare and issue to all persons registered under the provisions of this Act a code of professional conduct comprising such directions as the Board may consider appropriate for the guidance of and observance by all registered Architects.
(Inserted by 23 of 1969, s. 6.)

SCHEDULE

(Section 5)

FORM OF ARCHITECT'S REGISTER

Controlled by Ministry of Works and Communications

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