Building Control Act 2007

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Registration of nationals from certain other states — main categories of such nationals.

15.— (1) In addition to the persons so eligible otherwise under this Part, each of the following is eligible for registration in the register:

(a) a national of a Member State who holds evidence of a formal qualification as an architect listed in Annex V, point 5.7.1 of the Directive that satisfies the minimum training conditions referred to in Article 46 of the Directive and which is accompanied, if appropriate, by a certificate listed in Annex V, point 5.7.1 of the Directive;

(b) a national of a Member State who holds evidence of a formal qualification as an architect listed in Annex VI, point 6 of the Directive (whether or not it satisfies the minimum training requirements referred to in Article 46 of the Directive) and which is accompanied by a certificate of the competent authority of the Member State which issued the qualification stating that the person was authorised to use the professional title of architect, the date on which the person was so authorised (which date shall not be later than the respective date within the meaning of Article 49(2) of the Directive), and that he or she has been performing duties commensurate with those of an architect for at least 3 consecutive years during the 5 years preceding the date of the award of the certificate;

(c) a national of a Member State who has been awarded in a Member State a qualification that the State, pursuant to a relevant measure, is obliged to recognise as corresponding to a qualification referred to in section 14 (2);

(d) a national of a Member State who, as attested by a certificate of the competent authority of his or her home Member State, is authorised to use the title of architect by virtue of a law in that Member State that gives that competent authority the power to award that title to a national of a Member State who is especially distinguished by the quality of his or her work in the field of architecture;

(e) a person who holds evidence of formal qualifications issued by a state, other than a Member State, and which is accompanied by a certificate issued by the competent authority of a Member State that recognised the qualifications that the person performed duties commensurate with those of an architect for 3 years in the territory of that Member State;

(f) a national or resident of a state who, by virtue of the following agreement, is entitled to have his or her qualifications in the field of architecture recognised in the State, namely, an agreement that—

(i) is entered into between the European Union and the World Trade Organisation, and

(ii) provides for the recognition by the states to which the agreement relates of qualifications of a class specified in the agreement;

(g) a national of a Member State who is not eligible for registration in the register under any of the preceding paragraphs but who is eligible for such registration under one of the derogations to Article 46 of the Directive provided for in Article 47 of the Directive as follows, namely—

(i) by the person’s obtaining training existing as of 5 August 1985 provided by ‘Fachochschulen’ in the Federal Republic of Germany over a period of 3 years, followed by, as attested by a certificate of the professional association in whose roll the person appears, a 4 year period during which he or she performed duties commensurate with those of an architect, or

(ii) by the person’s having—

(I) been employed for not less than 7 years under the supervision of an architect who is eligible for registration under this Part, or who is registered in the register,

(II) as part of a social betterment scheme or part-time third level course, attained a certificate or diploma of university standard, and

(III) passed a professional practice examination in a Member State.

(2) The entry of a person’s name in the register pursuant to subsection (1) (other than paragraph (f) thereof) may be subject to the Admissions Board being satisfied that the person applying for registration pursuant to that subsection has a knowledge of language necessary for practising architecture in the State.

(3) In relation to an application for registration pursuant to subsection (1) (other than paragraph (f) thereof), the Admissions Board may seek verification of documents furnished to it in accordance with Article 50 of the Directive.

(4) A person who is registered pursuant to subsection (1) (other than paragraph (f) thereof) or section 16 shall use the professional title — “ architect ”.

(5) The Admissions Board shall make a decision on whether or not to register an applicant pursuant to subsection (1) (other than paragraph (f) thereof) as quickly as possible and, in any event, within 3 months after the date of submission of the completed documentation by the applicant to the Board.

(6) So much of the provisions of this section or section 16 as have effect in cases where—

(a) the person concerned is a national of a Member State,

(b) any act or thing is done or awarded or issued in, or by a competent authority of, a Member State, or

(c) a matter is provided under the law of a Member State,

shall, to the extent that the terms of those provisions would prevent the equal treatment or recognition mentioned in subsection (7) being accorded to the person mentioned in that subsection, be read subject to such modifications as will allow that equal treatment or recognition to be accorded to that person.

(7) (a) The equal treatment mentioned in subsection (6) is the equal treatment of a family member (within the meaning of Directive 2004/38 of the European Parliament and of the Council of 29 April 2004) of a national of a Member State required by Article 24(1) of that Directive.

(b) The recognition mentioned in subsection(6) is the recognition required by Article 27 of Council Directive 2004/83/EC of 29 April 2004 of qualifications of a person who is a beneficiary of refugee or subsidiary protection status (within the meaning of that Directive).