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ARCHITECTS (REGISTRATION, ETC.) ACT
ARRANGEMENT OF SECTIONS
|1||“Architect”||2||Establishment of the Architects Registration Council of Nigeria|
|3||Financial Provisions||4||Control of Council by Minister|
|5||Preparation and maintenance of the registers||6||Publication of registers and lists of corrections|
|7||Registration of architects||8||Persons entitled to registration in special circumstances|
|9||Approval of courses, qualifications and institutions||10||Supervision of instruction and examinations leading to approved qualifications|
|11||Certificate of professional competence||12||Establishment of Disciplinary Tribunal and Investigating Panel|
|13||Penalties for unprofessional conduct, etc.||14||Offences|
|`15||Miscellaneous supplementary provisions||16||Regulations, rules and orders|
|17||Interpretation, etc||18||Short title|
|1ST SCHEDULE||Supplementary Provisions relating to the Council||2ND SCHEDULE||Supplementary Provisions relating to the Disciplinary Tribunal and Investigating Panel|
|List of Subsidiary Legislation|
List of Subsidiary Legislation
An Act to provide for the registration of the profession of architects by the Architects Registration Council of Nigeria, and for all other matters connected with that profession.
COMMENCEMENT: [3rd July, 1969]
Architects Registration Council of Nigeria
Use of appellation of “architect”
Establishment of the Architects Registration Council of Nigeria
(a) determining what standards of knowledge and skill are to be attained by persons seeking to become members of the architectural profession (in this Act referred to as “the profession”) and raising those standards from time to time as circumstances may permit;
(b) securing in accordance with the provisions of this Act, the establishment and maintenance of a register of persons entitled to practise the profession and the publication from time to time of lists of those persons;
(c) performing the other functions conferred on the Council by this Act.
(2) Subject to the provisions of this Act, the Council shall consist of the following-
(a) four persons, one of whom shall be a member of staff of the Ministry to represent the various interests in the field of architecture who shall be appointed by the Minister;
(b) one person to represent each state of the Federation and the Federal Capital Territory, Abuja who shall be appointed by the Minister on the nomination of the Governor of the State and the Minister of the Federal Capital Territory, respectively;
(c) four persons, who shall represent the universities having accredited faculties of architecture on a rotational basis, so however that, no university shall have more than one representative at a time;
(d) four persons, who shall be appointed by the Nigerian Institute of Architects (in this Act referred to as “the Institute) in the manner for the time being provided by the constitution of the Institute:
Provided that, a person shall not be appointed as a member of the Council unless he is fully registered as an architect under this Act and at the date of his appointment he has been engaged in architectural practice for a period of not less than ten years.
(3) The provisions of the First Schedule to this Act shall have effect with respect to the qualification and tenure of office of members of the Council, powers and procedure of the Council and the other matters there mentioned.
(4) The Minister may, make regulations for increasing or reducing the membership of the Council as and when the Minister may consider it expedient.
(2) The Council shall keep proper records in respect of each financial year, and proper records in relation to those accounts, and shall cause its accounts to be audited as soon as may be after the end of the financial year to which the accounts relate by a firm of auditors approved, as respects that year by the Minister for Finance.
Control of Council by Minister
(2) Before giving a direction under the foregoing subsection, the Minister shall serve a copy of the proposed direction on the Council and shall afford the Council an opportunity of making representations to him with respect to the direction; and after considering any representations made to him in pursuance of this subsection, the Minister may give the direction either without modification, or with such modifications as appear to him to be appropriate having regard to the representations.
Preparation and maintenance of the registers
(2) It shall be the duty of the Registrar to prepare and maintain in accordance with rules made by the Council under this section-
(a) registers of the names, addresses and approved qualifications and such other particulars as may be specified, of all persons who are entitled in accordance with the provisions of this Act to be registered as architects and who apply in the specified manner to be so registered;
(b) a register with particulars of architectural firms eligible to practise under the provisions of this Act.
(3) The register of architects (in this Act referred to as “the register”) shall consist of two parts of which one shall be in respect of fully registered persons entitled to practise as principals and the other in respect of provisionally registered persons.
(4) Subject to the following provisions of this section, the Council shall make rules with respect to form and keeping of the registers and the making of entries therein, and in particular-
(a) regulating the making of applications for registration and providing for the evidence to be produced in support of applications;
(b) providing for the notification to the Registrar, by the person to whom any registered particulars relate, of any change in those particulars;
(c) authorising a registered person to have any qualification which is registered in relation to his name in addition to or, as he may elect, in substitution for any other qualifications so registered;
(d) specifying the fees to be paid to the Council in respect of the entry of names on the registers and authorising the Registrar to refuse to enter a name on a register until any fee specified for the entry has been paid;
(e) specifying anything falling to be specified under the foregoing provisions of this section,
but rules made for the purposes of paragraph (d) of this subsection shall not come into force until they are confirmed by order of the Minister.
(5) It shall be the duty of the Registrar-
(a) to correct, in accordance with the Council’s directions, any entry in a register which the Council directs him to correct as being in the Council’s opinion an entry which was incorrectly made;
(b) to make from time to time any necessary alterations to the registered particulars of registered persons;
(c) to remove from the part of the register of architects which relates to provisionally registered persons, all particulars relating to a person registered in the other part of that register; and
(d) to remove from the relevant part of the register the name of any registered person who has died, or as the case may be, has ceased to be entitled to be provisionally registered.
(6) If the Registrar-
(a) sends by post to any registered person, a registered letter addressed to him at his address on the register, enquiring whether the registered particulars relating to him are correct and receives no reply to the letter within the period of six months from the date of posting it; and
(b) upon the expiration of that period, sends in like manner to the person in question a second similar letter and receives no reply to that letter within three months from the date of posting it,
the Registrar may, remove the particulars relating to the person in question from the relevant part of the register; and the Council may direct the Registrar to restore to the appropriate part of the register any particulars removed therefrom under this subsection.
(1) It shall be the duty of the Registrar-
(a) to cause a list of persons whose names and qualifications are indicated in the register to be printed, published, and put on sale to members of the public not later than two years from the beginning of the year in which this subsection comes into force;
(b) in each year after that in which a register is first published under paragraph (a) of this subsection, to cause to be printed, published and put on sale as aforesaid either a corrected edition of the register or a list of alterations made to the register since it was last printed; and
(c) to cause a print of each edition of the register and of each list of corrections to be deposited at the principal offices of the Council,
and it shall be the duty of the Council to keep the register and lists so deposited open at all reasonable times for inspection by members of the public.
(2) In addition, the Registrar shall cause to be published a list of persons qualified as architects but not entitled to practise as principals.
(3) A document purporting to be a print of an edition of a register published under this section by the authority of the Registrar in the current year, or documents purporting to be print of an edition of a register so published in a previous year and of a list of corrections to that edition so published in the current year, shall (without prejudice to any other mode of proof) be admissible in any proceedings as evidence that any person specified in the document, or the documents read together, is exempted or as the case may be, as being fully or provisionally registered, and that any person not so specified is not so exempted or registered.
Registration of architects
(a) he has attended a course of training approved by the Council under section 9 of this Act; and
(b) the course was conducted at an institution so approved, or partly at one such institution and partly at another or others; and
(c) he holds a qualification so approved.
(2) Registration in the first instance shall be provisional, unless the Council in its discretion authorises full registration of an applicant.
(3) The provisions of the Third Schedule to this Act shall have effect with respect to the professional responsibility of provisionally registered architects under this Act.
(4) Subject as aforesaid, if in the case of an applicant under section 8 (2) or (3) of this Act, he satisfies the Council on all matters on which the Council requires to be satisfied that he is a fit and proper person, the applicant may likewise be provisionally or fully registered in pursuance of subsection (2) above.
(5) Subject as aforesaid, a person shall be entitled to be fully registered, if being a citizen of Nigeria or a person within section 8 (2) or (3) of this Act, he satisfies the Council-
(a) as to his experience for the purposes of section 11 (1) of this Act;
(b) that he is of good character;
(c) that he has passed the professional practice competence examination conducted by the Institute;
(d) that his qualifications as an architect are for the time being accepted by the Council for the purposes of this subsection as respects the profession of an architect; and save where section 8 (3) of this Act applies-
(e) that where a qualification was acquired outside Nigeria, the applicant for registration under this Act was under no legal disability in the practice of architecture, and if the Council so requires, that he has sufficient practical experience in the profession of an architect,
and the Council shall from time to time publish in the Federal Gazette, particulars of the qualifications for the time being accepted as aforesaid.
(6) A fully registered architect shall be entitled to a stamp from the Council, but any stamp presented in pursuance of this subsection may be withdrawn by the Council from such a member on-
(a) his ceasing to become a registered member;
(b) being convicted of an offence under this Act;
(c) disciplinary grounds.
(7) The Council may, with the approval of the Minister, impose further conditions for purposes of any registration under this Act, but such conditions shall not come into force until published in the Gazette.
Persons entitled to registration in special circumstances
(a) at the date of his application he was a member of any appropriate institution recognised by the Council;
(b) at that date he had under his control for the purposes of his work, at least one person entitled to registration or duly registered under this Act as an architect; and
(c) he thereafter pays the prescribed fees,
be entitled to provisional registration and to the use of the word “architect” as descriptive of his occupation so long only as he continues to be employed in the public service of the Federation or of a State:
Provided that, such an architect shall not be promoted beyond the rank of a senior architect until his full registration.
(2) Subject to the next succeeding subsection, where the Council is satisfied that reciprocal arrangements are in existence between Nigeria and any other country whereby citizens or nationals of that country and those of Nigeria are entitled to practise in that other country as architects on the same or nearly similar terms and conditions, a national or citizen of that other country shall, if resident in Nigeria for not less than five years preceding the date of his application for registration, and on due compliance with any other requirements of the Council, be entitled to be registered as an architect under this Act.
(3) Where any person not being a citizen of Nigeria would, but for this subsection, be required to satisfy the Council as to reciprocal arrangements made and as to his residential qualification and that person is, on or after the commencement of this section, employed in Nigeria as an architect-
(a) under any foreign technical assistance or foreign technical aid programme; or
(b) under a contract of service with the Federal Government or Government of any State of the Federation,
the Council shall, after receipt by it of an application for registration duly made by any person so employed, and upon payment of the prescribed fee and due verification of his qualification but without requiring the person to satisfy the Council as to any such reciprocal arrangements and residential qualification, direct his provisional registration for six months.
Approval of courses, qualifications and institutions
(a) any course of training which is intended for persons who are seeking to become, or are already qualified as, architects;
(b) any institution, either in Nigeria or elsewhere, which the Council considers is properly organised and equipped for conducting the whole or any part of a course of training approved by the Council under this section;
(c) any qualification which, as a result of examination taken in conjunction with a course of training approved by the Council under this section, is granted to candidates reaching a standard at the examination indicating, in the opinion of the Council, that they have sufficient knowledge and skill to practise architecture as a profession, otherwise than as a principal.
(2) The Council shall from time to time publish in the Federal Gazette, a list of qualifications in the profession of architecture approved by it, and subject thereto, the Council shall not approve for the purposes of subsection (1) of this section, a qualification granted by an Institution in Nigeria unless the qualification has been so published by the Council.
(3) The Council may, upon the recommendation of the Institute, withdraw any approval given under this section in respect of any course, qualification or institution; but before withdrawing such an approval the Council shall-
(a) give notice that it proposes to do so to each person in Nigeria appearing to the Council to be a person by whom the course is conducted or the qualification is granted or the institution is controlled, as the case may be; and
(b) afford each such person an opportunity of making to the Council representations with regard to the proposal; and
(c) take into consideration any representations made as respects the proposal in pursuance of the last foregoing paragraph.
(4) As respects any period during which the approval of the Council under this section for a course, qualification or institution is withdrawn, the course, qualification or institution shall not be treated as approved under this section; but the withdrawal of such an approval shall not prejudice the registration or eligibility for registration of any person who by virtue of the approval was registered or eligible for registration (either unconditionally or subject to his obtaining a certificate of professional competence) immediately before the approval was withdrawn.
(5) The giving or withdrawal of an approval under this section shall have effect from such date, either before or after the execution of the instrument signifying the giving or withdrawal of the approval, as the Council may specify in that instrument; and the Council shall
(a) as soon as may be possible, publish a copy of every such instrument in the Federal Gazette; and
(b) not later than seven days before its publication as aforesaid, send a copy of the instrument to the Minister.
Supervision of instruction and examinations leading to approved qualifications
(a) the instruction given at approved institutions to persons attending approved courses of training; and
(b) the examinations as a result of which approved qualifications are granted,
and for the purposes of performing that duty, the Council may appoint, either from among its own members or otherwise, persons to visit approved institutions or to attend such examinations.
(2) It shall be the duty of the Institute under this subsection to report to the Council on-
(a) the adequacy of the instruction given to persons attending approved courses of training at institutions visited;
(b) the adequacy of the examination attended; and
(c) any other matters relating to the institution or examination on which the Council may, either generally or in a particular case, request the Institute to report,
but the Institute shall not interfere with the giving of any instruction or the holding of any examination.
(3) On receiving a report made in pursuance of this section, the Council shall as soon as may be possible, send a copy of the report to the person appearing to the Council to be in charge of the institution or responsible for the examinations to which the report relates requesting that person to make observations on the report to the Council within such period as may be specified in the request, not being less than one month beginning with the date of the request.
Certificate of professional competence
(2) The conditions aforesaid are-
(a) he shall, during his employment after qualification as aforesaid, have acquired practical experience under the personal supervision and guidance of one or more fully registered architect for the period of two years; and
(b) the manner in which he carried out the duties of his employment and his conduct during the period of his employment shall have been satisfactory.
(3) It shall be the duty of the employer being a fully registered architect supervising the work of persons employed by him to-
(a) ensure that the person is afforded proper opportunities of acquiring the practical experience required for the purposes of paragraph (a) of subsection (2) of this section;
(b) provide such person employed by him with the prescribed documents for presentation to the Council.
(4) Where after having completed the period mentioned in paragraph (a) of subsection (2) of this section, any person affected applies for and is refused a certificate of professional competence, he shall be entitled-
(a) to receive from the Council, particulars in writing of the grounds of the refusal; and
(b) to appeal from the refusal to the Minister, in accordance with rules made by the Council in that behalf (including rules as to the time within which appeals are to be brought),
and on any such appeal, the Minister may either allow the appeal or dismiss it, or direct that the case be referred back to the Council for re-consideration, and subject thereto, no further or other right of appeal shall lie.
(5) Where an appeal is allowed under subsection (4) of this section, the Council shall forthwith issue the certificate of
Establishment of Disciplinary Tribunal and Investigating Panel
(2) The Tribunal shall consist of the President of the Council and eleven other members of the Council appointed by the Council and shall include not less than four members of the Council holding office by virtue of paragraph (d) of subsection (2) of section 2 of this Act, or, where the number of those members is for the time being less than four, all those members.
(3) There shall be a body to be known as the Architects Investigating Panel (in the Act referred to as “the Panel”), which shall be charged with the duty of-
(a) conducting a preliminary investigation into any case where it is alleged that a person fully or provisionally registered has misbehaved in his capacity as an architect, or should for any other reason be the subject of proceedings before the Tribunal; and
(b) deciding whether the case should be referred to the Tribunal.
(4) The Panel shall be appointed by the Council and shall consist of seven members of the Council and two fully registered architects who are not members of the Council.
(5) The provision of the Second Schedule to this Act shall, so far as applicable to the Tribunal and the Panel respectively, have effect with respect to those bodies.
Penalties for unprofessional conduct, etc.
(a) a person fully registered under this Act is convicted, by any court in Nigeria or elsewhere having power to award imprisonment, of an offence (whether or not an offence punishable with imprisonment) which in the opinion of the Tribunal is incompatible with the status of an architect; or
(b) a person provisionally registered under this Act, is likewise so convicted in circumstances such that the Council is satisfied that his name ought to be removed from the register; or
(c) the Tribunal is satisfied that the name of any person has been fraudulently fully or provisionally registered,
the Tribunal may, if it thinks fit, give a direction reprimanding that person if fully registered or, whether or not fully registered, suspending that person from practice by ordering him not to engage in practice as an architect for such period not exceeding 24 months or ordering the Registrar to strike his name off the relevant part of the register.
(2) The Tribunal may, if it thinks fit, defer or further defer is decision as to the giving of a direction under subsection (1) of this section, until a subsequent meeting of the Tribunal; but
(a) no decision shall be deferred under this subsection for periods exceeding two years in the aggregate; and
(b) no person shall be a member of the Tribunal for the purposes of reaching a decision which has been deferred or further deferred, unless, he was present as a member of the Tribunal when the decision was deferred.
(3) For the purposes of subsection (1) of this section, a person shall not be treated as convicted as mentioned in paragraph (a) of that subsection, unless the conviction stands at a time when no appeal or further appeal is pending or may (without extension of time) be brought in connection with the conviction.
(4) When the Tribunal gives a direction under subsection (1) of this section, the Tribunal shall cause notice of the direction to be served on the person to whom it relates.
(5) The person to whom such a direction relates may, at any time within twenty-eight days from the date of service on him of the notice of the direction, appeal against the direction to the Court of Appeal; and the Tribunal may appear as respondent to the appeal and, for the purpose of enabling directions to be given as to the costs of the appeal and of proceedings before the Tribunal, shall be deemed to be a party thereto whether or not it appears on the hearing of the appeal.
(6) A direction of the Tribunal under subsection (1) of this section shall take effect-
(a) where no appeal under this section is brought against the directions within the time limit for the appeal, on the expiration of that time;
(b) where such an appeal is brought and is withdrawn or struck out for want of prosecution, on the withdrawal or striking out of the appeal;
(c) where such an appeal is brought and is not withdrawn or struck out as aforesaid, if and when the appeal is dismissed,
and shall not take effect, except in accordance with the foregoing provisions of this subsection.
(7) A person whose name is removed from the register in pursuance of a direction of the Tribunal under this section shall not be entitled to be registered again except in pursuance of a direction in that behalf given by the Tribunal on the application of that person; and a direction under this section for the removal of a person’s name from the register may prohibit an application under this subsection by that person until the expiration of such period from the date of the direction (and where he has duly made such an application, from the date of his last application) as may be specified in the direction.
Miscellaneous and General
(a) for, or in expectation of reward, practises or holds himself out to practise as such; or
(b) without reasonable excuse takes or uses any name, title, addition or description implying that he is authorised by law to practise as an architect,
shall be guilty of an offence.
(2) Subject as aforesaid, any person on the provisional register who-
(a) for, or in expectation of reward, practises or holds himself out as authorised to practise other than as permitted in the Third Schedule; or
(b) without reasonable excuse takes or uses any name, title, addition or description implying that he is authorised by law to practise other than as is prescribed in the Third Schedule, shall be guilty of an offence.
(3) If any person, for the purpose of procuring the registration of any name, qualification or other matter-
(a) makes a statement which he believes to be false in a material particular; or
(b) recklessly makes a statement which is false in a material particular, he shall be guilty of an offence.
(4) If the Registrar or any other person employed by the Council wilfully makes any falsification in any matter relating to the register, he shall be guilty of an offence.
(5) A person guilty of an offence under this section shall be liable-
(a) on conviction in the Federal High Court to a fine not exceeding N5,000 or not less than N1,000 or to imprisonment for a term not exceeding two years or to both such fine and imprisonment;
(b) on conviction in a High Court, to a fine not exceeding Nl,000 or imprisonment for a term not exceeding two years, or to both.
(6) Where an offence under this section which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate, or any person purporting to act in any such capacity, he, as well as the body corporate, shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
(7) Prosecution for an offence committed under this Act shall be conducted in the name of the Council by any of its authorised officers.
(8) Without prejudice to the other provisions of this Act, offences under this Act shall be triable in the Federal High Court.
Miscellaneous supplementary provisions
(2) An architect under this Act shall, but to the extent only of his particular qualifications, be entitled to practise as an architect throughout the Federation.
(3) It shall be the duty of the person in charge of each University having attached thereto a Faculty of Architecture in the Federation at which there is held a course of training intended for persons who are seeking to become architects under this Act, to furnish to the Registrar, not later than the thirty-first day of March in every year, a list of the names and of such other particulars as the Council may by order specify, of all persons who attended any such course at the institution in question at any time during the preceding year.
(4) A provisionally registered architect other than one holding appointment in the public service of the Federation or of a State shall-
(a) not hold a professional responsibility for any domestic building project exceeding two floors in height;
(b) undertake other projects not falling under paragraph (a) of this subsection, under the supervision of a fully registered architect.
Regulations, rules and orders
(a) provisions for such incidental and supplementary matters as the authority making the instrument considers expedient for the purposes of the instrument; and
(b) different provisions for different circumstances.
“approved” means for the time being approved by the Council under section 9 of this Act;
“approved architectural qualification” means a qualification which is approved by the Council this Act;
“architect” means any person professionally entitled to registration under this Act;
“architecture” means the art and science in theory and practice of design, erection, commissioning, maintenance and management and co-ordination of allied professional inputs thereto of buildings, or part thereof and the layout and master plan of such building or groups of buildings forming a comprehensive institution, establishment or neighbourhood as well as any other organised space, enclosed or opened, required for human and other activities;
“certificate of experience” means a certificate granted in pursuance of section 11 of this Act;
“Council” means the Architects Registration Council of Nigeria established by section 2 (1) of the Act;
“Minister” means the Minister charged with responsibility for architecture;
“Panel” has the meaning assigned to it by section 12 (3) of this Act;
“prescribed” means prescribed by regulations made under this Act;
“register” means the register maintained under this Act;
“registered” shall be construed accordingly;
“Registrar” means the Registrar appointed in pursuance of section 5 of this Act;
“regulations” means regulations made by the Minister;
“Tribunal” has the meaning assigned to it by section 12 (1) of this Act.
(2) References in this Act to employment by a Government, include references to employment by any statutory corporation or State owned company.
(3) For the purposes of this Act-
(a) a person is fully registered, if his name is for the time being entered in the part of the register maintained in respect of architects entitled to practise as principals; and
(b) a person is provisionally registered, if his name is for the time being entered in the other part of that register, and “fully registered” and “provisionally registered” shall be construed in accordance with paragraphs (a) and (b) of this subsection.
(4) Any approval, consent, direction, notice, observation, report, representation or request authorised or required to be given or made by or under this Act shall be in writing and may, without prejudice to any other method of service but subject to the provisions of rules made under the Second Schedule to this Act, be served by post.
FIRST SCHEDULE: [Section 2 (3).]
SUPPLEMENTARY PROVISIONS RELATING TO THE COUNCIL
Qualifications and Tenure of Office of Members
(2) Any member of the Council may, by notice in writing to the Council, resign his office.
(3) A person who ceases to be a member of the Council shall be eligible again to become a member of the Council.
(4) Where a member of the Council ceases to hold office before the date when his term of office would have expired by effluxion of time, the body or person by whom he was appointed shall, as soon as may be, appoint a person to fill the vacancy for the residue of the term aforesaid, so however provisions of this sub-paragraph shall not apply where a member of the Council ceases to hold office at a time when the residue of his term does not exceed one year.
(5) Notwithstanding that the term of office of a member of the Council has expired by the effluxion of time, a person appointed as the President, Vice-President or Treasurer of the Council shall continue in that office until a fresh appointment is made to the office.
Powers of the Council
(2) The Council shall not have power to borrow money or to dispose of any property, except with the prior consent of the Minister and shall not have power to pay remuneration (including pensions), allowances or expenses to any member, officer or servant of the Councilor to any other person, except in accordance with scales approved by the Minister.
Proceedings of the Council
(2) At any time while the office of the President is vacant or the President is in the opinion of the Council permanently or temporarily unable to perform the functions of his office, the Vice-President shall perform those functions, and references in this Schedule to the President shall be construed accordingly.
(2) At any meeting of the Council, the President shall preside, and in his absence or in the absence of the Vice-President, the President shall designate a member to preside at that meeting.
(3) Where the Council desires to obtain the advice of any person on a particular matter, the Council may co-opt him as a member for such period as it thinks fit, but a person who is a member by virtue of this sub-paragraph shall not be entitled to vote at any meeting of the Council and shall not count towards a quorum.
(2) A committee appointed under this paragraph shall consist of the number of persons determined by the Council, and not more than one third of those persons may be persons who are not members of the Council; and a person other than a member of the Council shall hold office on the committee in accordance with the terms of the instrument by which he is appointed.
(3) A decision of a committee of the Council shall be of no effect until it is confirmed by the Council.
(2) Any contract or instrument which, if made or executed by a person not being a body corporate, would not be required to be under seal may be made or executed on behalf of the Council by any person generally or specially authorised to act for that purpose by the Council.
(3) Any document purporting to be a document duly executed under the seal of the Council shall be received in evidence and shall unless the contrary is proved, be deemed to be so executed.
[Section 12 (5).]
SUPPLEMENTARY PROVISIONS RELATING TO THE DISCIPLINARY TRIBUNAL AND INVESTIGATING PANEL
(2) The rules shall in particular provide-
(a) for securing that notice of the proceedings shall be given, at such time and in such manner as may be specified by the rules, to the person who is the subject of the proceedings;
(b) for determining who, in addition to the person aforesaid, shall be a party to the proceedings;
(c) for securing that any party to the proceedings shall, if he so requires, be entitled to be heard by the Tribunal;
(d) for enabling any party to the proceedings to be represented by a legal practitioner;
(e) subject to the provisions of section 13 (5) of this Act, as to the costs of proceedings before the Tribunal;
(f) for requiring, in a case where it is alleged that the person who is the subject of the proceedings is guilty of infamous conduct in any professional respect, that where the Tribunal adjudges that the allegation has not been proved, it shall record a finding that the person is not guilty of such conduct in respect of the matters to which the allegation relates;
(g) for publishing in the Federal Gazette notice of any direction of the Tribunal which has taken effect providing that a person’s name shall be struck off a register.
(a) to make any statement before the Tribunal tending to incriminate himself; or
(b) to produce any document under such a writ which he could not be compelled to produce at the trial of an action.
(2) The Chief Justice of Nigeria shall make rules as to the functions of assessors appointed under this paragraph, and in particular such rules shall contain provisions for securing-
(a) that where an assessor advises the Tribunal on any question of law as to evidence, procedure or any other matter specified by the rules, he shall do so in the presence of every party or person representing a party to the proceedings who appears thereat or, if the advice is tendered while the Tribunal is deliberating in private, that every such party or person as aforesaid shall be informed as to what advice the assessor has tendered;
(b) that every such party or person as aforesaid shall be informed if in any case the Tribunal does not accept the advice of the assessor on such a question as aforesaid.
(3) An assessor may be appointed under this paragraph either generally or for any particular proceedings or class of proceedings, and shall hold and vacate office in accordance with the terms of the instrument by which he is appointed.
(2) Subject to the provisions of any such standing order, the Panel may regulate its own procedure.
(2) A person may, if otherwise eligible, be a member of both the Tribunal and the Panel, but no person who acted as member of the Panel with respect to any case shall act as a member of the Tribunal with respect to that case.
ARCHITECTS (DISCIPLINARY TRIBUNAL AND ASSESSORS) RULES: [L.N. 71 of 1972.] Under Paragraphs 2 and 4 (2) of the Second Schedule
COMMENCEMENT: [14th November, 1972]
Composition of Tribunal
(2) The President of the Council shall be the Chairman of the Tribunal.
Reference of case to Tribunal
(2) The Secretary shall refer the report and charges to the President of the Council who shall convene a meeting of the Tribunal as set up in accordance with rule 1 above.
Parties and appearance
(a) the Complainant;
(b) the Respondent;
(c) any other person required by the Tribunal to be joined by leave of the Tribunal.
(2) Any party to the proceedings may appear in person or may be represented by a legal practitioner, so however, that the Tribunal may, if of the opinion that it is necessary in the interest of justice, order a party to the proceedings to appear in person but without prejudice to his right to counsel.
Notice of hearing and service
(2) The Secretary shall serve on each party, other than the Complainant, copies of the report and all the charges prepared by the Panel and all documents considered by the Panel.
(3) It shall be sufficient compliance with this rule if, any process required to be served is handed to the party concerned or affected personally or is sent by registered post to the last known place of residence or abode of the party.
Hearing in absence of parties
(2) Any party to the proceedings before a Tribunal who fails to appear or be represented, or who has previously appeared before that Tribunal but subsequently fails to appear or be represented may, apply within thirty days after the date when the pronouncement of the findings and directions of the Tribunal were given for a re-hearing on the ground of want of notice or other good and sufficient reason; and the Tribunal may, in appropriate cases, grant the application upon such terms as to costs or otherwise as it thinks fit.
Witnesses and evidence
Amendment of charges
Proceedings to be in public
Adjournment of hearing
Findings and costs
(a) shall record a finding that the Respondent is not guilty of such conduct in respect of the matters to which the charge relates;
(b) may nevertheless order any party (except the Complainant) to pay the costs of the proceedings if, having regard to his conduct and to all the circumstances of the case, the Tribunal thinks fit so to order.
Publication of Tribunal’s findings
Record of proceedings
(2) The Secretary shall supply to the person entitled to be heard upon an appeal against the direction of the Tribunal, and to the Architects Registration Council of Nigeria, but to no other person, a copy of the transcript of such notes on payment of such charges as may be determined by the Secretary.
(3) If no shorthand notes are taken, the Chairman shall take a note of the proceedings and, accordingly, the provisions of these rules as to inspection and taking of copies shall apply to such notes.
Dispensing with certain provisions
Power to retain exhibits pending appeal
Notice of hearing and service
(2) Subject to the terms of his appointment, an assessor shall attend any meeting of the Tribunal as and when requested to do so by notice in writing given to him by the Secretary, not later than three clear days before the date appointed for the meeting, and he shall thereat advise the Tribunal on questions of law arising in proceedings before it.
(3) Except where the Tribunal is deliberating in private, the advice of the assessor on questions of law as to evidence, procedure and as to compliance with the Act shall be tendered in the presence of every party or of his counsel.
(4) If the advice by the assessor to the Tribunal is given otherwise than in the presence of all parties, or as the case may be of their counsel, the assessor shall, as soon as may be thereafter, inform all the parties as to the nature of the advice given and the reaction thereto of the Tribunal.
“Chairman” means the chairman of the Architects Disciplinary Tribunal;
“Complainant” means the Architects Investigating Panel or any member thereof;
“Respondent” means the person required to answer any charge of professional misconduct;
“Secretary” means a person appointed to act as the registrar under section 5 (1) of the Act.
[RULE 4 (1).]: Notice of Hearing by the Architects Disciplinary Tribunal
In the matter of the Architects (Registration, etc.) Act (Cap. A19)
In the matter of A.B., an architect
TAKE NOTICE that the report and charges prepared by the Architects Investigating Panel in the above matter are fixed for hearing by the Architects Disciplinary Tribunal at
On the …………………………. day of ……………… 20 ………….
(a) the report;
(b) the charges; and
are annexed hereto.
DATED at ……………….. this ……………….. day of …………………. 20 ……………………..
Secretary to the Tribunal
QUALIFICATIONS FOR REGISTRATION OF ARCHITECTS AND ARCHITECTURAL FIRMS REGULATION: [Paragraph 2 (1); First Schedule]
COMMENCEMENT: [24th April, 1997]
PART I: Qualifications for the Registration of Architects
(a) a degree or diploma awarded after a minimum of 5 years full-time course from any of Nigeria’s universities or colleges approved by the Council;
(b) any Commonwealth Association of Architects recognised schools;
(c) any foreign schools which have produced accepted Nigerian architects; and
(d) such other qualifications as may be approved, from time to time, by the Council.
Sources of training
(a) an approved professional training accepted by the Council;
(b) certificate of diploma in architecture, awarded by an approved professional institution;
(c) full membership of the Institute after passing the professional practice competence examination; and
(d) a minimum of two years’ post-qualification experience and the passing of the Professional Practice Competence Examination conducted by the Institute.
(a) a professional;
(b) a member of the clergy; and
(c) a senior civil servant.
(2) The character certification shall specify any previous act of professional misconduct.
(a) a copy of registration laws existing in the applicant’s home country;
(b) a letter from the appropriate registration body confirming that Nigerians are registrable in the case of a foreign applicant.
(2) The terms of reciprocity shall be agreed between the Council and corresponding authority in the applicant’s country.
(3) Citizenship of applicant shall be ascertained.
Procedure for registration
(a) a return of application forms duly completed with attachment (if any) to the Registrar;
(b) photocopies of the following, that is-
(i) ordinary level certificate or its equivalent;
(ii) advance level certificate or its equivalent, (if any);
(iii) B.Sc. Arch., M.Sc. Arch. Certificate or their equivalents;
(iv) National Youth Service Corps Discharge Certificate;
(v) evidence of having passed the Institute’s Professional Practice Competence examinations;
(vi) evidence of full membership and registration by the Institute if application is for full registration;
(vii) evidence of having passed the Institute’s Final 11 examinations (where school attended is not accredited or recognised);
(viii) evidence of change of name (if applicable).
(2) The Council shall require the candidates possessing the minimum requirements of credits in G.C.E. “O” level or its equivalent to include Mathematics, Physics, English language and any other two subjects but preferably chosen from Fine Arts, Chemistry, Economics and Geography.
(3) Photocopies of certificates attached to an application shall be endorsed by a member of the Council as follows-
“original seen by me” signed, dated and the seal of the Council shall be affixed by a Council member.
(4) Statements of results shall not be acceptable.
(5) The Council reserves the right to contact an applicant’s school directly for verification of tenure of study and certificates obtained.
(6) Applicants who studied abroad shall attach copies of course transcripts to their certificates and a formal letter authorising the school of study to send transcripts to the Council.
(7) Sponsors and referees columns shall be properly filled.
(8) Current members of the Council are excluded from filling the sponsors column while sponsors or referees shall be required to state clearly-
(a) their names, addresses (not post office box) and affix the Council’s seal;
(b) quoting full registration number and year of registration before signing.
(9) Sponsors shall have had not less than five years’ post-registration experience with the Council.
(10) Two passport photographs of the applicant shall be endorsed and signed by one of the sponsors as follows-
“True appearance of Mr/Mrs/Miss ……………………..” date and signature.
(11) The applicant shall indicate his number in case he has been previously registered with the Council.
(12) The Council shall insist on a formal letter signed by the employer recommending the prospective applicant to the Council for registration.
(13) The Council shall insist on full membership registration with the Institute if application is for full registration.
(14) There shall be preliminary scrutiny of an application by the Registrar.
(15) There shall be a preliminary consideration of an application by the Registration Committee of the Council whose recommendations shall be submitted to Council for approval on each individual case.
(16) The Council’s decision shall be conveyed in writing to the applicant by the Registrar.
(17) Payment of the prescribed fee shall be a pre-condition for registration.
(18) There shall be an annual renewal of registration subject to-
(a) the payment of the prescribed fee to the Council; and
(b) the continued membership of the Institute.
(a) Application Fee-
(i) Provisional Stage I ……………………… N700;
(ii) Provisional Stage II ………….………… N700;
(iii) Full Membership………………….……..…N800;
(b) Registration Fee-
(i) Provisional Stage I …………………….. N200;
(ii) Provisional Stage II………………..…… N500;
(iii) Full Membership …………………..….. N1,000;
(c) Registration renewal fee for-
(i) Provisional Stage I ……………………………. N200;
(ii) Provisional Stage II ………..………….….. N500;
(iii) Full Membership ……………..………….…. N700;
(iv) Permitted Architects ………………..….…. N700;
(d) Professional seal fee for professional metal seal for fully registered Architects………………………………………………..N3,100.
(2) All fees shall be subject to review from time to time by the Council.
The register shall consist of two parts as follows-
(a) fully registered persons who shall-
(i) be entitled to practise as principals;
(ii) be Nigerians who fulfil Regulations 1, 2, and 3 of these Regulations;
(iii) have passed the Institute’s Professional Practice Competence Examination taken at least two years after graduation and fully registered by the Institute;
(b) fully registered persons who shall-
(i) be entitled to practice as permitted architects;
(ii) be non-Nigerians who are entitled to practise as permitted architects, but have reciprocity with the Council;
Provisionally registered persons which shall include Nigerian architects who are yet to sit and pass the Institute’s Professional Practice Competence examination and are not fully registered by the Institute.
(a) Name: ………………………………………………………………………………………………………………..
(b) Address: business and residential and change of address: .………………………………………………
(c) Age, date and place of birth: …………………………………………………………………………………………….
(d) Nature of employment and name and address of employer:………………………………………
(e) Nationality: …………………………………………………………………………………………………………………………..
(f) Sex: ………………………………………………………………………………………………………….…………………………..
(g) File reference number: ………………………………………………..……………………………………………………….
(h) Remarks: ……………………………………………………………………………………………………………………………….
(i) Duration of Registration: …………………..………………………………………………………………………………….
(1) A person registered by the Council shall-
(a) qualify to be called an “architect”;
(b) be addressed as an “architect” (Arc.); and
(c) practise as such.
(2) Only architects registered fully, or placed on the permitted list, shall¬
(a) practise as principals and be issued with the Council’s seal for their drawings;
(b) design and hold professional responsibility for the execution of building projects of any magnitude or complexity.
(3) Architects working for the Federal, a State or Local Government or any public institution shall have the same level of responsibility as specified in paragraph (2) of this regulation.
(4) Provisionally registered Architects shall not take responsibility for any building above two floors in height, until they have passed the Institute’s Professional Practice Competence examination and have been fully registered.
PART II: QUALIFICATION FOR THE REGISTRATION OF ARCHITECTURAL FIRMS
Architectural Firms liable for registration
(a) Architectural firms incorporated under the Companies and Allied Matters Act, as amended-
(i) business names; or
(ii) bodies corporate with limited or unlimited liability having all the proprietors, subscribers, share-holders and directors as fully registered architects with Nigerian citizenship;
(i) the fully registered Nigerian architects hold 60 per cent of the shares jointly or severally in the body corporate;
(ii) the Nigerian directors show indisputable evidence of operational and financial control of the firm commensurate with their rate of share holding;
(iii) the Nigerian directors are signatories (joint or otherwise) to all the bank accounts, annual auditors’ reports and important drawings and documents of the firm;
(iv) the Council reserves the right to call for documentary evidence as proof of compliance with the provisions of sub-paragraphs (i), (ii) and (iii) of this paragraph;
(i) the fully registered Nigerian architects hold 60 per cent of the shares jointly or severally in the body corporate;
(ii) the Nigerian directors show indisputable evidence of operational and financial control of the firm commensurate with their rate of share holding;
(iii) the Nigerian directors are signatories (joint and otherwise) to all the bank accounts, annual auditors reports and important drawings and documents of the firm;
(vi) the other non-architect directors are fully registered professionals in allied fields in the building industry or as shareholders (holding not more than 10 per cent in the firm’s shares) are allowed in the area of administration and finance.
Procedure for registration
(a) in the case of a body corporate with limited liability-
(i) certificate of incorporation;
(ii) Form C.07 and the Memorandum and Article of Association;
(b) in the case of a business name-
(i) certificate of registration;
(ii) Form C.02.
(2) Sponsors columns shall be properly filled with the sponsors clearly stating the following-
(a) names, addresses (not post office box);
(b) affix the Council’s seal;
(c) quote full registration number and year of registration before signing.
(3) The sponsors shall-
(a) be three fully registered architects with the Council and Institute who are not members of the firm and live either within the State or neighbouring State where the firm’s head office is located;
(b) attest to the professional standing of the firm; and
(c) have a minimum of five years’ post-registration with the Council and the Institute.
(4) Two of the sponsors shall be from any of the following groups, that is-
(a) serving members of the Council;
(b) serving members of the Institute.
(5) The attestation by sponsors for a new firm shall refer to the professional standing of the principal(s).
(6) All photocopies of documents attached to the application shall be endorsed as “original seen by me”, signed, sealed and dated by a member of the Council.
(7) Two passport photographs each of the partners, associates, or directors shall be endorsed and signed by one of the sponsors as follows-
“True appearance of Mr/Mrs/Miss ………………………” date and signature.
(8) The Council shall require that on the return of a completed application form, it shall be accompanied by a formal letter signed by the partners.
(9) The Council reserves the right to request for a confidential report on the firm and the minutes of meeting where the firm was recommended for consideration for registration to the Council from the State Chapter of the Institute where the firm’s Head Office is located.
(10) The Council also reserves the right to contact the Corporate Affairs Commission directly for verification of any information contained in the photocopy of documents attached to the application forms.
(11) There shall be a preliminary scrutiny of the application to be conducted by the Registrar.
(12) Preliminary considerations of application by the Registration Committee whose recommendations shall be submitted to the Council for approval, on each individual case.
(13) The Council’s decision shall be conveyed in writing to the applicant by the Registrar.
(14) Registration shall be on the payment of such fees as may be prescribed by the Council from time to time.
(15) There shall be an annual renewal of the registration subject to-
(a) the payment of the prescribed fee as follows-
(i) Application fee ………………………………… N800;
(ii) Registration fee ……………………………….N5,000;
(iii) Certificate of Registration ……………… N2,000;
(iv) Annual renewal fee …………………………… N3,000;
(b) the continual membership of the Institute by the fully registered Nigerian architect.
“Council” means the Architects Registration Council;
“Institute” means the Nigerian Institute of Architects.
Amendment of regulations