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Architects Act 1991

Chapter 12 - Part 1 and 2

An Act to establish the Board of Architects, to provide for the registration of architects, to regulate the qualifications and practice of architects and the supply of architectural services in Singapore by corporations, partnerships and limited liability partnerships.

[30th August 1991]

PART I
PRELIMINARY

Section 1 -
Short title

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

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Section 2 -
Interpretation

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

"allied professional" means -
(a) a professional engineer who is registered under the Professional Engineers Act     (Cap. 253.); or
(b) a land surveyor who is registered under the Land Surveyors Act (Cap. 156.);

"architectural services" includes selling or supplying for gain or reward any architectural plan, drawing, tracing or the like for use in the construction, enlargement or alteration of any building or part thereof;

"Board" means the Board of Architects established under section 4;

"builder", "building" and "building works" have the same meanings as in the Building Control Act (Cap. 29.);

"certificate of registration" means the certificate of registration issued under section 17;

"Commissioner of Building Control" means any person empowered under the provisions of the Building Control Act (Cap 29) to approve plans of building works;

"Disciplinary Committee" means a Disciplinary Committee appointed under section 31C;

"Investigation Committee" means an Investigation Committee appointed under section 30;

"Investigation Panel" means the Investigation Panel appointed under section 27;

"licence" means a licence to supply architectural services in Singapore granted under section 20;

"licensed", in relation to a corporation, partnership or limited liability partnership,, means a corporation or partnership which has in force a licence;

"limited liability partnership" has the same meaning given to it by section 4(1) of the Limited Liability Partnerships Act 2005 (Act 5 of 2005);

"manager" -

(a) in relation to a corporation or partnership, means the principal executive officer of the corporation or partnership for the time being by whatever name called and whether or not he is a director or partner thereof;

(b) in relation to a limited liability partnership, has the same meaning as in section 2(1) of the Limited Liability Partnerships Act 2005;

"nominee", in relation to any person, means a person who is accustomed or under an obligation (whether formal or informal) to act in accordance with the directions, instructions or wishes of the first-mentioned person, except that a person shall not be regarded as a nominee of another person by reason only that he acts on advice given by that other person in a professional capacity;

"practising certificate" -

(a) in relation to a registered architect, means an annual certificate issued under section 18 authorising him to engage in the practice of architecture in Singapore;

(b) in relation to an allied professional who is a professional engineer registered under the Professional Engineers Act (Cap.253), means a practising certificate issued under section 18 of that Act; and

(c) in relation to an allied professional who is a land surveyor registered under the Land Surveyors Act (Cap. 156), means a practising certificate issued under section 15 of that Act;

"President" means the President of the Board;

"register of architects" means the register of architects kept by the Board under section 8 (a);

"register of licensees" means the annual register of licensed corporations, partnerships and limited liability partnerships kept by the Board under section 8 (c);

"register of practitioners" means the annual register of practitioners kept by the Board under section 8 (b);

"registered architect" means a person registered as an architect under section 15;

"Registrar" means the Registrar of the Board appointed under section 9;

"rules" means rules made by the Board under section 38;

"unlimited corporation" means a corporation formed on the principle of having no limit placed on the liability of its members.

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Section 3 -
Act not to apply to Government, naval and landscape architects, etc.

3.- (1) Nothing in this Act shall apply to anything done or omitted to be done by the Government or a public officer under the authority of the Government.

(2) This Act shall not apply to naval architects and landscape architects.

(3) This Act shall not be construed as requiring any public authority which supplies architectural services in Singapore under the provisions of any written law to obtain a licence.

(4) In subsection (3), "public authority" means any body established by or under any written law and exercising powers vested therein by written law for a public purpose.

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PART II
BOARD OF ARCHITECTS

Section 4 -
Establishment of Board of Architects

4.- (1) There shall be established in Singapore a body to be called the Board of Architects which shall be a body corporate with perpetual succession and a common seal, with power, subject to the provisions of this Act -

(a) to sue and be sued in its corporate name;

(b) to acquire and dispose of property, both movable and immovable; and

(c) to do and perform such other acts as bodies corporate may by law perform.

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Section 4A -
Constitution of Board

4A.-(1) The Board shall consist of the following members:

(a) the Commissioner of Building Control;

(b) the President of the Singapore Institute of Architects;

(c) not more than 6 registered architects who have in force a practising certificate -

(i) to be elected by registered architects who have in force a practising certificate; or

(ii) failing such election, to be appointed by the Minister under subsection (2);

(d) 6 registered architects to be appointed by the Minister; and

(e) a registered professional engineer to be appointed by the Minister on the nomination of the Professional Engineers Board.

(2) If elections held for the purposes of subsection (1)(c)results in less than 6 persons being elected as members of the Board thereunder, the Minister may appoint such number, as he thinks fit, of registered architects who have in force a practising certificate to be members of the Board, except that the number of members so appointed and the number of members elected under subsection (1)(c) shall not exceed 6 in the aggregate.

(3) The Members elected under subsection (1)(c)shall hold office for a term not exceeding 3 years and shall be eligible for re-election for not more than 2 consecutive terms.

(4) Only registered architects of at least 10 years standing may be elected under subsection (1)(c) or appointed under subsection (2) as members of the Board.

(5) The members appointed under subsection (1)(d) or (e) or (2) shall hold office for a term not exceeding 3 years and shall be eligible for reappointment.

(6) The Minister may, at any time, revoke the appointment of any member appointed under subsection (1)(d) or (2) without assigning any reason.

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Section 4B -
Compulsory voting

4B.- (1) Every registered architect who has in force a practising certificate on the day of the election of candidates as members of the Board under section 4A(1)(c) shall vote for the election of such members at such time and in such manner as may be prescribed.

(2) Every registered architect who is required to vote for the election of the members of the Board in accordance with subsection (1) and who fails to do so shall not be entitled to apply for a practising certificate unless he -

(a) satisfies the Registrar that he had a good and sufficient reason for not voting at the election, or

(b) pays to the Board a penalty prescribed by the Board.

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Section 4C -
President of Board

4C.- (1) The Board shall have a President who shall be elected by the members of the Board from among its members -

(a) who have been elected under section 4A(1)(c) or appointed under section 4A(2);

(b) who have been appointed under section 4A(1)(d).

(2) The President elected under subsection (1) shall serve for a term not exceeding beyond the expiration of the term for which he has been appointed or elected to be a member of the Board and shall be eligible for re-election for not more than 2 consecutive terms.

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Section 4D -
Disqualifications for membership of Board

4D.- (1) A person shall not be qualified to be a member of the Board if -

(a) he is neither a citizen nor a permanent resident of Singapore;

(b) he is an undischarged bankrupt or has made any arrangement or composition with his creditors;

(c) he has been convicted of any offence involving fraud, dishonesty or moral turpitude, or of any other offence implying a defect in character which makes him unfit for the architectural profession;

(d) he is of unsound mind or is incapacitated by physical illness; or

(e) he has at any time after due inquiry been found guilty by a Disciplinary Committee of improper conduct.

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Section 4E -
Filling of vacancies

4D.- (1) The office of a member of the Board shall become vacant if the member -

(a) dies;

(b) resigns or is removed from office;

(c) becomes in any manner disqualified for office within the meaning of section 4D.

(2) The Board may, with the approval of the Minister, remove from office any member of the Board who is absent without leave of the Board from 3 consecutive ordinary meetings of -

(a) the Board; or

(b) a Disciplinary Committee of which he is a member.

(3) Any question as to whether a person has ceased to be a member of the Board shall be determined by the Minister whose decision shall be final.

(4) If any vacancy arises among the elected or appointed members, the Minister shall, as soon as practicable, appoint any registered architect to fill that vacancy.

(5) Any person appointed to fill the vacancy shall hold office for the residue of the term for which his predecessor was elected or appointed.

(6) The powers of the Board shall not be affected by any vacancy in its membership.

(7) No act done by or under the authority of the Board shall be invalid in consequence of any defect that is subsequently discovered in the appointment, election or qualification of the members or any of them.

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Section 4F -
Meetings and quorum of Board

4F.- (1) At any meeting of the Board, 8 members shall form a quorum and no business shall be transacted at any meeting unless a quorum is present.

(2) At any meeting of the Board, the President shall preside and n his absence the members present shall elect from among themselves one member to preside over the meeting.

(3) If on any question to be determined by the Board there is an equality of votes, the President or the member presiding over that meeting shall have a casting vote.

(4) Subject to the provisions of this Act, the Board may determine its own procedure.

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

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Section 5 -
Common seal of Board

5.- (1) The common seal of the Board shall bear such device as the Board may approve and the seal may from time to time be broken, changed, altered or made anew by the Board as it may think fit.

(2) The common seal shall be kept in the custody of the President and shall be authenticated by him or other member acting in his absence.

(3) Any document purporting to be sealed by the common seal and authenticated as provided under subsection (2) shall, until the contrary is proved, be deemed to be validly executed.

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Section 6 -
Functions of Board

6. The functions of the Board shall be -

(a) to keep and maintain a register of architects, a register of practitioners and a register of licensees;

(b) to hold or arrange for the holding of such examinations as the Board considers necessary for the purpose of enabling persons to qualify for registration under this Act;

(c) to establish, maintain and develop standards of professional conduct and ethics of the architectural profession;

(d) to promote learning and education in connection with architecture, either alone or in conjunction with any other professional body;

(e) to hear and determine disputes relating to professional conduct or ethics of registered architects or to appoint a committee or arbitrator to hear and determine those disputes;

(f) to appoint arbitrators for the purpose of hearing and determining disputes between registered architects or licensed corporations or partnerships and other persons;

(g) to license corporations or multi-discipline partnerships which intend to supply architectural services in Singapore; and

(h) generally to do all such acts, matters and things as are necessary to be carried out under the provisions of this Act.

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Section 7 -
Committees

7.- (1) The Board may appoint such committees from among its members, registered architects or allied professionals as it thinks fit to assist or advise the Board on such matters arising out of its functions under this Act as are referred to them by the Board.

(2) Deleted by Act 28/2005, wef 01/12/2005.

(3) Deleted by Act 28/2005, wef 01/12/2005.

(4) Deleted by Act 28/2005, wef 01/12/2005.

(5) Deleted by Act 28/2005, wef 01/12/2005.

(6) The Board may continue to exercise any power conferred upon it or perform any function under this Act notwithstanding the delegation of such power or function under this section.

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Section 8 -
Registers

8. The Board shall keep and maintain at its office -

(a) a register of architects in which shall be entered the names of all persons registered under this Act, the qualifications by virtue of which they are so registered and such other particulars in relation thereto as may from time to time be determined by the Board;

(b) an annual register of practitioners in which shall be entered the particulars as contained in the declaration delivered under section 18 (3) (a); and

(c) an annual register of licensees in which shall be entered the names and addresses of all corporations and partnerships which have been issued a licence and such other particulars as may from time to time be determined by the Board.

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Section 9 -
Appointment and duties of Registrar.

9.- (1) The Minister may appoint a Registrar of the Board.

(2) The Registrar shall -

(a) be under the general direction of the Board;

(b) sign all certificates of registration, practising certificates and licences; and

(c) record all entries of registration, cancellation and reinstatement in the register of architects, register of practitioners or register of licensees, as the case may be.

(3) The Registrar shall attend all meetings of the Board and record the proceedings thereof, and shall conduct the correspondence and deal with such matters as may be assigned to him from time to time by the President or the Board.

(4) The Registrar shall -

(a) as soon as possible after 1st January each year, prepare and publish in the Gazette a list containing the names, qualifications and addresses of all registered architects who have in force a practising certificate; and

(b) from time to time publish in the Gazette the names, qualifications and addresses of registered architects added to or removed from the register of practitioners.

(5) In any proceedings, a list published under subsection (4) shall be sufficient evidence that the persons whose names appear therein are registered architects who have in force practising certificates.

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