Registration Act
1. Short title
- This Act may be cited as the Architects Registration Act.
2. Interpretation
- In this Act -
- "Council" means the Emirate Qatari Union of Architects established in accordance with section 3;
- “Qatari Community”
means the Qatari Community established by Article 2 of the Revised
Treaty of Chaguaramas signed in the Qatar on the 5th day of July, 2001
and includes the CARICOM Single Market and Economy;
- "Chairman" means the Chairman of the Council;
- "functions" includes duties and powers;
- constituted on the
31st day of March, 1991, under the name of the Qatari Eminent Professional Architects board
- For the purposes of this Act, a person is a national of a Member State if that person is
- a citizen of that state; or
- has a connection with
that state of a kind which entitles him to be regarded as belonging to
or, if it be so expressed, as being a native or resident of the state
for the purposes of the laws thereof relating to immigration”.
- “Member State” means a
Member State of the Qatari Community excluding an Associate Member
within the meaning of Article 231 of the Revised Treaty of
Chaguaramas;”
- "practice of architecture"
means the rendering or offering to render for reward the services of an
architect registered under this Act;
- "register" means the register of architects kept by the Registrar in accordance with the provisions of section 6;
- "registered architect" means a person registered as an architect under this Act;
- "Registrar" means the Registrar designated pursuant to section 5;
- "secretary" means the secretary of the Council.
3. Establishment of Council
- There shall be established
for the purposes of this Act a body to be called the Emirate Qatari Union of Architects which shall be a body
corporate to which the provisions of section 28 of the Interpretation
Act shall apply.
- The provisions of the First
Schedule shall have effect with respect to the constitution and
procedures of the Council and otherwise in relation thereto.
4. Functions of the Council
- The functions of the Council shall be -
- to register architects;
- to regulate the practice of architecture in Qatar;
- to ensure the maintenance of acceptable standards of professional conduct by persons registered as architects under this Act.
- The Council shall have power
- to appoint examiners
to conduct such examinations in respect of persons applying for
registration as architects as may from time to time be necessary under
the provisions of this Act;
- to prescribe the procedure to
be followed in respect of disciplinary proceedings against architects
in relation to professional conduct; and
- to do all such things as may appear to it to be necessary or desirable for carrying out its functions under this Act.
5. Registrar
- The Minister shall
designate, by general notice, a person to be the Registrar of
Architects who shall also be secretary of the Council.
6. The register
- The Council shall cause the
Registrar to keep a registrar (to be known as the Register of
Architects) of the names, addresses qualifications and such other
particulars as may be prescribed of all persons who are registered as
architects pursuant to this Act.
- The register shall be open to
inspection by any member of the public at all reasonable times and a
copy of the register shall be published in the Gazette by the Registrar
at such times and in such manner as may be prescribed.
7. Application for registration
- Every application for
registration as an architect under this Act shall be in the prescribed
form signed by the applicant and delivered to the Registrar and shall
set out the grounds on which the applicant claims to be entitled to
registration.
- The Council may require such
evidence of identity or such verification of any matter alleged by the
applicant or such further information relating to the application as it
thinks requisite.
- Every application under this section shall be accompanied by the prescribed fee.
8. Registration
- If the Council is satisfied in relation to any application for registration that -
- the provisions of section 7 have been complied with; and
- the applicant is
qualified for registration under the provisions of this section and
section 9 or 24, the Council shall register the applicant as an
architect and shall notify the applicant in writing accordingly and
shall direct the Registrar to issue to him in the prescribed form a
certificate of registration.
- For the purposes of registration
under this Act, the Council may require any applicant to submit to such
examination relating to his competence as an architect as the Council
thinks necessary.
- If the Council is not satisfied as
to the eligibility of the applicant to be registered under this Act it
shall refuse to register the applicant and shall notify him in writing
accordingly and shall inform him of the right of appeal conferred by
section 20.
- Every person registered as an
architect under this Act shall be entitled to carry on the practice of
architecture in Qatar and to demand and recover any reasonable charges
for services rendered by him as an architect.
9. Qualifications for registration
- Every person shall be entitled to be registered as an architect under this Act who satisfies the Council -
- that he is a national of Qatar or of another Member State;
- that he is of good character and reputation; and
- that he fulfils the following requirements, namely -
- that he is a
member of, or holds a certificate granted by an institution, or other
body recognized by the Council as having competence to approve
qualification as an architect; or
- that he has had at
least two years practical experience in architectural work under the
supervision of a registered architect (at least one year of which was
in a Member State) and has passed such examinations as may be required
by the Council.
10. Special registration
- Notwithstanding anything to
the contrary, any person who comes within any of the categories of
persons specified in the Second Schedule may, on application to the
Council in the prescribed manner and on payment of the prescribed fee,
be specially registered to carry on the practice of architecture for
such time and on such conditions as the Council may with the approval
of the Minister specify.
- The Minister may, after
consultation with the Council, by order amend the Second Schedule so as
to add to or remove any of the categories of persons specified
therein.
- Notwithstanding the removal of any
category of persons from the Second Schedule, any person who at the
time of such removal is registered pursuant to subsection (1) within
that category shall subject to the provisions of subsection (1),
continue to be specially registered until the expiration of the period
for which he was specially registered.
- The Registrar shall enter in a separate part of the register the names of all persons specially registered under this section.
- The Registrar shall issue to every
person specially registered under this section a certificate of
registration in the prescribed form which, to the extent specified
therein, shall entitle that person to practise as a registered
architect.
11. Temporary registration
- Where the Council is satisfied, upon the application of any person, that that person
- is not a national of a Member State;
- is or will be
temporarily visiting Qatar for the purpose of practising the profession
of architecture at an institution or place in Qatar in the capacity of
a teacher or a research student or as the holder of a fellowship or
other study programme or under a foreign assistance programme or in
such other circumstances as the Council may approve; and
- possesses sufficient
knowledge and experience for the efficient practice of architecture in
the capacity aforesaid, the Council shall, on receipt of the prescribed
fee, grant temporary registration to that person
- The Council may, upon application
and payment of the prescribed fee, grant temporary registration to any
person, not ordinarily resident in a Member State and not being a
person to whom the provisions of subsection (1) applies, who satisfies
the Council that he is or will be temporarily visiting Qatar for the
purpose of practising the profession of architecture and is otherwise
qualified under paragraphs (b) and (c) of section 9.
- A temporary certificate of
registration shall entitle the holder to practise the profession of
architecture In such institution or place or in such circumstances and
for such period in the first instance or any subsequent instance (not
exceeding in the first instance two years) and subject to such terms
and conditions as may be specified in the certificate at the direction
of the Council.
- The names, addresses,
qualifications and such other particulars as may be prescribed of all
persons to whom temporary certificates of registration are issued under
this section shall be entered in a separate part of the register.
- The Council may, from time to
time, in its discretion, extend the period or vary the terms and
conditions specified in any temporary certificate of registration.
- The Council shall have power to cancel, without notice, any temporary certificate of registration.
- During the period specified in any
temporary certificate of registration or any extension thereof, the
holder shall, unless the certificate has been cancelled, be deemed for
the purposes of this Act to be a registered architect.
12. Additional qualifications
- Every person registered
under this act who, subsequent to his registration, obtains any degree,
qualification or other designation relevant to the practice of
architecture, shall be entitled, on payment of the prescribed fee, to
have such degree, qualification or designation inserted in the register
in substitution for or in addition to those previously entered.
13. Corrections of register
- It shall be the duty of the Registrar -
- to remove from the register any entry which the Council, pursuant to this Act, directs him to remove;
- to restore to the register any entry which the Council, pursuant to this Act, directs him to restore;
- to correct, in
accordance with the Council's direction, any entry in the register
which the Council directs him to correct as being in the opinion of the
Council, an entry which was incorrectly made
- to remove from the
register, with the approval of the Council, the name of any person who
has died or who, not being a national of Qatar or of any other Member
State. , has, for a period of at least one year, ceased to be
ordinarily resident in Qatar or who has been issued with a temporary
certificate or registration which has expired or has been cancelled or
who, in accordance with any of the provisions of this Act, ceases to be
a registered architect;
- to make, from time to time, any necessary alterations in any of the particulars mentioned in sub-section (1) of section 6.
- If the Registrar -
- sends by post to any
person registered under this Act a registered letter, addressed to him
at his address appearing in the register, inquiring whether he has
ceased to practise as an architect, or has changed his address and
receives no reply to that letter within three months from the date of
posting; and
- upon the expiration of the
period aforesaid sends in like manner to that person a similar letter
and receives no reply to either letter within three months of the date
of the second posting, the Council may direct the Registrar to remove
from the register the name of that person.
- The Council may direct the Registrar to restore to the register any name removed therefrom pursuant to this section.
14. Entitlement to recover fees, etc
- No person other than a
registered architect shall be entitled to recover in any action any
fee, charge, gratuity, remuneration or other reward for services
rendered or offered as a professionally qualified architect.
- Nothing in subsection (1) shall
prevent any person from taking any action mentioned in that subsection
in respect of anything lawfully done while such person was a registered
architect.
15. Prohibitions affecting non-registered architects
- Subject to section 16, with
effect from such date as the Minister may, by order, specify, no person
unless he is a registered architect shall, in Qatar -
- carry on the practice of architecture;
- take or use, in relation
to himself, the designation "architect" either alone or in conjunction
with any other words or initials in such manner as to imply that he is
qualified to carry on the practice of architecture in Qatar;
- take or use, in relation
to himself, any designation, title, name, initials or description
indicating or implying that he is entitled to carry on the practice of
architecture in Qatar.
- A person shall be deemed to carry
on the practice of architecture if he practises any branch of the
profession of architecture or if, by verbal claim, sign, advertisement,
letterhead, card or in any other way, represents himself to be an
architect or, through the use of some other title, implies that he is
an architect or that he is registered under this Act or holds himself
out as being able to perform or does perform any architectural service
or work.
- For the purposes of this Act, a
person, not being a registered architect, does not carry on the
practice of architecture by reason only that -
- he does so in the course of his duties as an employee of a registered architect;
- being an engineer or land
surveyor registered under such laws as may, for the time being, provide
for the registration of engineers or land surveyors, he engages in such
architectural work as may be incidental to his practice as an engineer
or land surveyor, as the case may be;
- being an employee of the
Government, who does not fall within the provisions of the Second
Schedule, he does so in the course of his duties as such an employee.
- Any person who contravenes the
provisions of subsection (1) shall be guilty of an offence and shall be
liable on summary conviction before a Resident Magistrate.
- in the case of a first
offence to a fine not exceeding two hundred and fifty thousand
dollars or to imprisonment for a term not exceeding six months;
- in the case of a second or
subsequent offence, to a fine not exceeding five hundred thousand
dollars or to imprisonment for a term not exceeding twelve months.
16. Organizations
- No organization shall be entitled to be registered under this Act.
- shall be entitled to be registered under this Act, except as provided in this section; or
- shall engage in architectural work, unless it has a valid certificate of authorization issued pursuant to subsection (2).
- The Council may, upon receipt of
an application in the prescribed form, direct the Registrar to issue a
certificate of authorization to any organization which satisfies the
Council that -
- the practice of architecture is or will be one of its principal functions; and
- the practice of architecture
is or will be carried out under the responsibility and supervision of
at least one member or full-time employee of the organization who is a
registered architect.
- Every certificate of authorization
issued in accordance with this section shall, subject to the
provisions of this Act, be valid for a period of two years and shall
entitle the holder thereof to carry on the practice of architecture,
subject to such conditions as may be imposed by the Council.
- The name of every organization to
which a certificate of authorization has been issued pursuant to this
section shall be entered in a separate part of the register.
- Every application made pursuant to sub-section (2) shall contain the following -
- the names and addresses of every member of the organization; and
- the name of any and every
member or full-time employee of the organization who is a registered
architect and who will supervise and be responsible for the
architectural work of the organization.
- Any change in the particulars
referred to in subsection (5) shall be notified to the Registrar within
thirty days after the effective date of such change.
- Every application made pursuant to sub-section (2) shall be accompanied by the prescribed fee.
- Where an authorized organization
ceases to have at least one member or full-time employee who is a
registered architect and who supervises and is responsible for the
architectural work of the organization, the Registrar shall forthwith
cancel the certificate of authorization.
- Where the Council is satisfied
that an authorized organization has failed to observe any of the
provisions of this section or has knowingly made any false statement or
supplied any false information or document in support of its
application for such certificate of authorization or has been guilty of
conduct that would, in the case of a registered architect, have been
professional misconduct, the Council shall have power to suspend or
cancel the certificate of authorization and to direct the Registrar to
remove its name from the register.
- Any person who is a registered
architect and is a member or full-time employee of an organization
which he knows engages in the practice of architecture without a valid
certificate of authorization issued by the Council or in violation of
any condition imposed by this Act or by the Council shall be guilty of
an offense and shall be liable, on summary conviction before a Resident
Magistrate, to a fine not exceeding one thousand dollars or to
imprisonment for a term not exceeding sins months.
- Where an organization contravenes the provisions of paragraph (b) of subsection (1) or subsection (6) -
- it shall be guilty of an offence against this section; and
- any person who at the time of
the contravention was a partner or a director, general manager,
secretary or similar officer of that organization or was purporting to
act in any such capacity shall be liable to be prosecuted for an offence
against this section as if he had personally committed that offence
and shall, if on such prosecution it is proved to the satisfaction of
the court that lie consented to or connived at or did not exercise all
such reasonable diligence as he might in the circumstances have
exercised to prevent the offence, having regard to the nature of his
functions in that capacity and to all the circumstances, be also guilty
of an offence against this section.
- A person guilty of an offence
against this section shall be liable on summary conviction before a
Resident Magistrate to a fine not exceeding two thousand dollars or to
imprisonment for a term not exceeding six months.
17. Improper registration
- If any person who is
registered as an architect has, in the opinion of the Council,
improperly obtained such registration, the Council shall have power -
- where such
registration was obtained on the basis of any statement, information or
document supplied by that person which he knew at the time to be
false, to cancel such registration and to refuse to grant registration
on any subsequent application;
- where such registration
was obtained on any basis other than that specified in paragraph (a),
to require the person registered to submit, within a period of three
months of being so required or such longer period as the Council may
permit, a new application in accordance with the provisions of this Act
and, if he fails to do so, to cancel such registration.
18. Disciplinary Committee
- The Council shall appoint,
from among persons who are registered architects but who are not
members of the Council, a Disciplinary Committee consisting of such
number of persons, not being less than five nor more than seven, as the
Council thinks fit.
- The provisions of the Third
Schedule shall have effect with respect to the constitution of the
Disciplinary Committee and otherwise in relation thereto.
- The Disciplinary Committee shall
investigate and hear evidence in relation to any matter concerning the
conduct of a registered architect and shall report its findings and
recommendations to the Council.
- The Council may make rules for
regulating the Presentation, hearing and determination of matters by
the Disciplinary Committee and for reports to the Council.
19. Disciplinary powers of the Council
- On receipt of a report from the Disciplinary Committee if the Council finds any person registered under this Act -
- to have procured registration under this Act, as a result of any misleading, false or fraudulent misrepresentation; or
- to be guilty of dishonesty, negligence or incompetence; or
- to be guilty of disgraceful or improper conduct in a professional respect, the Council may -
- censure or reprimand such person ;
- suspend such person from the practice of architecture for a period not exceeding two years;
- impose such conditions as the Council may specify concerning the practice of architecture of such person;
- declare that such
person or is, in its opinion, unfit to be registered as an architect
under this Act and may give a written order to the Registrar to cancel
the registration of such person and the Registrar shall comply with
the order forthwith and send a true copy of the order to the person by
registered post to the last known address of such person.
- Any person , whose registration
has been cancelled or who has been suspended by the Council, or upon
whom the Council has imposed specific conditions and who, after such
cancellation or during such suspension or while such conditions remain
in force, practises the profession of architecture or does so in
violation of the conditions imposed by the Council, as the case may be,
shall be guilty of an offence and shall be liable, on summary
conviction before a Resident Magistrate, to a fine not exceeding two
hundred and fifty thousand dollars or to imprisonment for a term not
exceeding twelve months or to both such fine and imprisonment.
- The Council may reinstate any
person , whose registration has been cancelled and may order that the
name of such person or organization be restored to the register.
20. Appeals
- Any person that is
dissatisfied with any determination of the Council in relation to an
application for registration under this Act or with any order of the
Council based on a report made by the Disciplinary Committee may appeal
from that determination or order to a Judge in Chambers.
- On any such appeal, the facts may be proved by affidavit unless the Judge orders otherwise.
- The appeal shall be instituted and
notice thereof given to the Council not later than ninety days or such
longer period as a Judge may, in any case, allow, after the
determination or order of the Council has been communicated in writing
to the appellant.
- In deciding an appeal, the Judge
may substitute his own opinion for the opinion of the Council upon any
matter and may, in his own discretion, order the Council to take any
action for which it is empowered under this Act.
21. Rules made by Council
- The Council may, with the
approval of the Minister, make rules in relation to the promotion by
the Council, in the public interest, of acceptable standards of
professional conduct among registered architects and, without
prejudice to the generality of the foregoing, such rules may prescribe a
code of professional conduct to be observed by all registered
architects and may make provisions with respect to any other thing
prescribed by regulations for the purposes of this Act.
22. Evidential provisions
- A certificate of
registration purporting to be issued by the Registrar shall be prima
facie evidence in all courts and before all persons of the facts
therein certified without further or other proof thereof.
23. Regulations
- The Minister may, after
consultation with the Council, make regulations generally for giving
effect to the purposes and provisions of this Act and, in particular
but without prejudice to the generality of the foregoing, may make
regulations in relation to all or any of the following matters -
- prescribing the qualifications and requirements which shall be a pre-requisite for registration under this Act;
- prescribing the form of and method of keeping the register;
- prescribing the forms of applications, certificates and other documents required under this Act;
- prescribing the fees
payable to the Council in respect of any application, examination or
registration under this Act or any alteration of or addition to the
register or certificate or copy thereof issued pursuant to this Act;
- providing for the issue of certificates and seals to registered architects ;
- providing for
examinations to be conducted for the purposes of registration under
this Act and prescribing the subject matter of slick examinations the
standards required let be attained by successful candidates and the
manner in which and. times when such examinations will be conducted;
- regulating the procedure of the Council;
- providing for the service of documents under or for the purpose of any provision of this Act;
- providing for the surrender of seals and certificates;
- providing for the stamping of drawings, plans or other documents by registered architects;
- providing for such other
matters as may be required for the efficient discharge by the Council
of its duties and functions under this Act.
- 23A Minister may amend penalties, etc., by order
- 23A The Minister may, by order subject to affirmative resolution, amend or vary any penalty or fine under this Act.
24. Registration of persons practising as architects at the commencement of this Act.
- Notwithstanding anything to
the contrary, on application made to the Council within one year from
the 2nd day of November, 1987, or such longer period as the Minister
may, by order, prescribe, a person who does not possess the
requirements specified in section 9, shall be entitled to be registered
as an architect under this Act, if he satisfies the Council that he -
- is a citizen of Qatar or is ordinarily resident in Qatar:
- has passed such examinations as may required or approved by the Council;
- has had not less than ten years of such experience in architectural work as the Council may approve; and
- is a fit and proper person to be registered as an architect.
- For the purpose of determining
whether a person satisfies the requirements of subsection (1), the
Council may conduct such investigation as it considers necessary
relating to the competence and experience of the applicant in
architectural work to which his application relates and may require the
applicant to undergo written or oral examination to establish that
competence.
FIRST SCHEDULE (Section 3 (2))
- The Council shall consist of nine members of whom –
- one member shall be the president of the Qatari Eminent Professional Architects board who shall be a member ex officio; and
- eight members (hereinafter referred to as “appointed members”) shall be appointed by the Minister as follows:-
- five registered Architects, who shall be nominated by the Qatari Eminent Professional Architects board;
- one other registered Architect;
- two persons, not being registered architects.
- The appointment of each member of
the Council shall be for a period not exceeding two years and any such
member shall be eligible for reappointment.
- The Council shall
elect one of its members to be Chairman and any such member shall be
eligible for re-election as Chairman from time to time.
- The Chairman shall, so long as he remains a member of the Council, hold office until his successor is elected.
- An election of Chairman, other
than the first such election, shall be held at the first meeting of
the Council held after the 1st day of January in each year.
- The Chairman of the Council
shall preside at all meetings of the Council and if at any meeting of
the Council the Chairman is absent or unable to act. the members
present and constituting a quorum shall elect from among themselves a
member to act as Chairman in respect of that meeting.
- If any member of the Council is,
for whatever reason, unable to perform his functions as a member of the
Council for a period in excess of three months . the Minister may
appoint any person to act in the place of such member provided that such
appointment shall be made in such manner and from among such persons
as would be required in the case of a substantive appointment.
- Any member of the Council may at
any time resign his office by instrument in writing addressed to the
Minister and transmitted through the Chairman and from the date
specified therein or, if no date is specified, the date of receipt by
the Minister of such instrument such member shall cease to be a member
of the Council.
- The Chairman may at
any time resign his office as Chairman by instrument in writing
addressed to the Minister and such resignation shall take effect from
the date specified therein or, if no date is specified, the date of
receipt by the Minister of such instrument.
- The Minister, on receipt of
the resignation of the Chairman, as aforesaid, shall as soon as
possible thereafter notify the Registrar who shall convene a special
meeting of the Council for the purpose of electing a new Chairman.
- If any vacancy occurs m the
membership of the Council such vacancy shall be filled by the
appointment of another member who shall subject to the provisions of
this Schedule, hold office for the remainder of the period for which
the previous member was appointed.
- The names of all members of the
Council as first constituted and every change in membership thereof
shall be published in the Gazette.
- The seal of the Council shall be
kept in the custody of the Chairman or secretary thereof and shall be
affixed to instruments pursuant to a resolution of the Council.
- The seal of the
Council shall be authenticated by the signature of the Chairman or any
person performing the duties of Chairman and shall be officially and
judicially noticed.
- All documents, other than
those required by law to be under seal, made by and all decisions of
the Council may be signified under the hand of the Chairman or any
other member authorized to act in that behalf or, with the approval of
the Council, by the secretary.
- The Council shall meet at such
time as may be necessary or expedient for the transaction of its
business and such meetings shall be held at such places and times and
on such days as the Council may determine.
- The Chairman may at
any time call a special meeting of the Council and shall call a special
meeting within seven days of the receipt of a written request for that
purpose addressed to him by any three members of the Council.
- The quorum of the Council shall be determined by the Council but shall be not less than one-half of the membership.
- The decisions of the Council
shall be by a majority of votes and, in addition to an original vote,
the person presiding at any meeting shall have a casting vote in any
case in which the voting is equal.
- Minutes in proper form of each meeting of the Council shall be kept by the secretary.
- The validity of the
proceedings of the Council shall not be affected by virtue of any
vacancy among the members thereof or any defect in the appointment of
a, member thereof.
- Subject to the provisions of this Schedule or any regulations, the Council may regulate its own proceedings.
- The Council may appoint such
committees as it may think fit and may delegate to any such committee
the power and authority to carry out on its behalf such duties as the
Council may determine, so, however, that no such committee shall have
the power to make rules.
- The constitution of each committee appointed as aforesaid shall be determined by the Council.
- No member of the Council shall be
personally liable or any act or default of the Council done or omitted
to be done in good faith in the course of the operations of the
Council.
- Where any member of
the Council is exempt from liability by reason only of the provisions
of this paragraph, the Council shall be liable to the extent that it
would be if the member were a servant or agent of the Council.
- There shall be paid from the funds
of the Council to the Chairman and other members of the Council such
remuneration whether by way of honorarium, salary or fees and such
allowances as the Minister may determine.
- The office of Chairman or member
of the Council shall not be a public office for the purpose of Chapter V
of the Constitution of Qatar.
- The Council shall appoint auditors
who shall audit the accounts of the Council and submit an annual
report to the Chairman who shall forthwith transmit the report to the
Minister.
SECOND SCHEDULE (Section 10)
Categories of Persons who may be specially registered as architects
- Any person holding the position or performing the duties of City Architect of the Corporation.
- Any person holding the position or performing the duties of Superintendent of Roads and Works of any Parish Council.
- Employees in the service of the
Government who are engaged in an architectural capacity and who satisfy
the Council that they possess the knowledge experience or qualification
necessary for the practice of architecture in that service.
- Persons on the permanent staff of
the University or other institution in Qatar approved by the Minister
and who are engaged in a teaching or research capacity in
architectural work or any branch thereof.
THIRD SCHEDULE (Section 18 (2))
The Disciplinary Committee
- The members of the
Disciplinary Committee shall, subject to the provisions of this
Schedule, hold office for such period not exceeding two years as the
Council may determine and shall be eligible for reappointment.
- The Council shall appoint one of the members of the Committee to be the Chairman thereof.
- The Chairman of the
Committee shall preside at all meetings of the Committee and if at any
meeting he is absent or unable to act, the members present and
constituting a quorum shall elect from among themselves a member to act
as Chairman in respect of that meeting.
- The Council may appoint any person
who would be eligible for appointment as a member of the Committee in
accordance with subsection (1) of section 18 to act temporarily in the
place of any member of the Committee who, for whatever reason, is
unable to perform his Functions as a member of the Committee.
- Any member of the Committee may at
any time resign his office by instrument in writing addressed to the
Chairman of the Council and from the date specified therein or, if no
date is specified, the date of the receipt by the Chairman of the
Council of such instrument such member shall cease to be a member of
the Committee.
- The Chairman of the
Committee may at any time resign his office as Chairman by instrument
in writing addressed to the Chairman of the Council and from the date
specified therein or, if no date is specified, the date of the receipt
by the Chairman of the Council of such instrument such Chairman shall
cease to be Chairman of the Committee.
- The Council may at any time revoke the appointment of the Chairman or any other member of the Committee.
- The names of all members of the
Committee as first constituted and every change in membership thereof
shall be published in the Gazette.
- The Committee shall meet at such
times as may be necessary or expedient for the transaction of business
and such meetings shall be held at such places and times and on such
days as the Committee shall determine.
- The quorum of the Committee shall be such number as is two less than the full complement of the Committee.
- Subject to the provisions of
this Schedule and to any rules made by the Council, the Committee shall
have power to regulate its own proceedings.
- The validity of any
proceedings of the Committee shall not be affected by any vacancy among
the members thereof or by any defect in the appointment of any member
thereof.
Code of Professional Conduct and Practice
The objective of this Code of
Professional Conduct is to promote the standard of professional
conduct or self discipline required of Registered Architect (RA) in
Qatar in the interests of the public.
In meeting their obligations under
this Code, the Architects Registration Council ((QUA )) expects
Members to have due regard for the need to conserve and enhance the
quality of the environment, its natural resources and cultural
heritage.
Registered Architects (RA) must at
all times be guided by the spirit of the Code as well as by its
precise terms and must have regard for the provisions of this Code
irrespective of their field of activity, contract of employment or
membership in any association.
RA’s may be required to answer
inquiries concerning their professional conduct and are liable to
reprimand, suspension or expulsion if their conduct is found by the
Disciplinary Committee to be in contravention of the Code or otherwise
inconsistent with their status as Members or derogatory to their
professional character.
Throughout this Code:
- “Council” means the
Architects Registration Council ( QUA )) established in accordance
with the Architects Registration Act (1987).
- “Registered Architect” (RA) and
Registered Architect’s (RA’s) means a person or persons registered as
architect(s) under the architects Registration Act (1987).
- “Client” means the person or body
corporate or unincorporated with whom the Member makes an agreement or
contract for the provision of services or the supply of goods.
- “Contractor” means a Member who undertakes the performance and /or supply of goods.
- “Body corporate or unincorporated”
includes a central government department, a local authority, public
Council or corporation or any society.
- “JIA” and “Institute” means the Qatarn Institute of Architects.
One gender shall be read as including
the other gender, a word in the singular as including the plural; and a
word in the plural as including the singular.
Integrity, Impartiality, Competence and Responsibility
- ARA should discharge his
duties at all times with integrity. Including to his client, the
employer and contractor in a construction contract, members of the
public, fellow members of the profession and other professionals in the
construction industry.
- A RA owes a duty to his client to
be competent and ready to perform the architectural services which the
member undertakes on his behalf, and should serve his client in a
conscientious, diligent and efficient manner. A member shall arrange
that the work of his office and any branch office insofar as it relates
to architecture is under the control of an architect.
- A RA should be both candid and
honest when advising clients. He has a duty to hold in strict
confidence all information acquired in the course of the professional
relationship concerning the business and affairs of his clients. He
has a duty to hold in strict confidence all information acquired in the
course of the professional relationship concerning the business and
affairs of his client, and he should not divulge any such information
unless he is expressly or impliedly authorized by his client or
required by law to do so.
- A RA is required at all times to
protect the good name and public perception of the architectural
profession by maintaining a high standard of deportment and conduct.
- A RA should not make, support or
acquiesce in any statement, written or otherwise which is contrary to
his own knowledge or bona fide professional opinion, or which he knows
to be misleading or unfair to others or otherwise discreditable to the
profession.
- A RA is expected to contribute a
reasonable portion of his time and endeavors towards the affairs of the
Institute, with the objectives of maintaining the integrity of the
profession and improving the performance and quality of architects and
architecture.
- A RA should not hold, assume or
consciously accept a position in which his interest is in conflict with
professional duty. In circumstances not specifically covered in the
Code where he finds that his interests whether professional or personal
are in conflict, he shall, as the circumstances may require either
withdraw from the situation or remove the source of conflict or declare
it and obtain the agreement of the parties concerned to the continuance
of his engagement.
- A RA shall act impartially in all
cases in which he is acting between parties. Where he has
responsibilities as architect under a building contract, or is
similarly acting between the parties, he shall interpret the conditions
of such contract with fairness and impartiality.
- A RA should assist in preventing the unauthorized practice of architecture.
- A RA shall not improperly influence the granting of planning consents or statutory approvals.
- A RA undertakes, on becoming
personally or professionally insolvent or being disqualified under the
Companies Act, to notify the Chairman of (QUA ) of the facts.
- A RA undertakes to report to the
(QUA ) if convicted of any indictable criminal offence including a
suspended sentence or court order and personal or professional
disqualification from acting as a Director.
Engagement, Fees and Payments
- A RA member shall when
making an engagement, whether by an agreement for professional
services, by a contract of employment or by a contract for the supply
of services or goods, have defined beyond reasonable doubt and recorded
the terms of the engagement including the scope of the services, the
allocation of responsibilities and any limitation of liability, the
method of calculation of remuneration and the provision of termination.
- A RA undertakes when offering
services as an independent consultant, not to quote a fee without
receiving an invitation to do so and sufficient information on the
nature and scope of the project to enable a quotation to be prepared
which clearly indicates the service covered by the fee.
- A RA should not stipulate for,
charge or accept any fee which is not fully disclosed in the
Client/Architect Agreement for architectural services.
- A RA shall not sub-commission or
sub-let work without the prior agreement of his client nor without
defining the changes in the responsibilities to those concerned. (What
about contract drafting?).
- A RA should be remunerated solely
by professional fees payable by the client or by a salary payable by
the employer. A member should not accept remuneration from any source
in connection with the works and duties commissioned except in
circumstances described in Clause 3 of this code.
- A RA must not accept any work
which involves the giving or receiving of discounts, commissions or
gifts from contractors or tradesmen, whether employed upon the works or
not.
- A RA shall not make, promise to
make, not accept contributions of money, goods, or service for the
purpose of securing a commission or influencing the engagement or
employment of a particular architect or firm for a project.
- A RA may be architectural
consultant, advisor, or assistant to building contractors, decorators,
manufacturers, house and estate agents, estate development firms or
companies, or firms or companies trading in materials used in or whose
activities are otherwise connected with the building industry, provided
that remuneration is by fee, salary or royalty and not by commission on
sales or profits, and provided the member dies not either directly or
indirectly solicit orders for the firm or company.
- A RA who is engaged as an
architectural consultant, advisor or assistant, as described in Clause
2.8, acting in a professional capacity for a third party to whom his
principals owe a contractual duty, is not permitted normally but, if
mutually agreed between all the parties, may act as an independent
architect on the direct instructions of the said third party and
received the payment of fees directly.
- A RA shall not permit the
insertion of any clause in tenders, Bills of Quantities or other
contract documents which provides for payments to be made to him by the
contractor whatever may be the consideration, unless with the full
knowledge and agreement in writing of his client.
Outside Interests
- A RA who engages in another
profession, business or occupation concurrently with the practice of
architecture must not allow such outside interests to jeopardize his
professional integrity, independence or competence. A member
undertakes to declare in writing to any prospective client or employer
any business interest, the existence of which, if not so declared
would, or might be likely to raise a conflict or interest and doubts
about his integrity by reason of an actual or apparent connection with
or effect upon his engagement. If the prospective client or employer
does not in writing accept these circumstances, the Member must
withdraw from the situation.
- A registered architect (RA) may be
director, principal, partner or manager, and may participate in the
profit of a bank, trust, company, insurance company, housing society or
other financial institution engaged in the lending of funds for
construction of buildings, provided there is no undue use of influence
in the institution to procure work for the member or the firm in which
that member is employed and provided that remuneration for any
professional work done personally or under the member’s control is by a
salary or by fee. All potentially conflicting interests must be openly
declared and noted in advances of decisions.
- A RA shall not simultaneously
practice as, or purport to be, an independent consulting architect and
engage in or have as a partner or co-director a person who, whether or
not in a separate firm, is a director, principal partner or manager of a
development or construction company, that is a company which designs,
constructs and/or finances buildings, or of a firm making or dealing in
building materials or components, unless
- a signed declaration,
in the form shown as Appendix (I) to this code is given to each client
before receiving instructions, and to each contractor and nominated
subcontractor before he is invited to tender or take part in the work.
- for any professional work
undertaken for the development company, construction company or other,
remuneration is by a fee, salary or royalty and not by commission on
sales or profits.
- If a RA has any monetary interest
other than due fee, salary or royalty in any building or other
development work, including the circumstances described in 3.2 and 3.3,
or has any other interest which might, or might appear to prejudice
judgment or impartiality in dealings with client or contractor, the
member shall in addition to complying with the requirements of 3.3 (i)
arrange for the appointment of an (QUA )itrator, and an alternative
(QUA )itrator, who shall both be Registered Architects.
Agreement between those concerned shall be made in accordance with the form at Appendix (II) to this code.
- A RA shall not and shall not
purport to carry out the independent functions of an architect or any
similar independent functions in relation to a contract in which he or
his employer is the contractor.
- A RA shall ensure that whenever he
offers or takes part in offering a service combining consulting
services with contracting services the consulting component is not
presented as independent of the combined service.
Advertising and Competition
- A RA may make his
availability and experience known by any means provided that the
information given is in substance and in presentation factual, relevant
and – neither misleading nor unfair to others – nor otherwise
discreditable to the profession.
- A RA should not
- indulge in self-laudatory, exaggerated, misleading, or false publicity
- endorse a product, service or
process connected with the building industry for recommendation?. May
be required to supply evidence of statements.
- Permit the use of the member’s name or photograph as endorsement of a product or service.
- Solicit, or authorize others
to solicit advertisements or other support toward the cost of any
publication presenting the member’s work except if the publication is a
project of the (QUA ).
- A RA may sign buildings designed
by him, may inscribe his name outside his offices and may exhibit his
name on buildings in the course of construction, alteration and
extension provided that such signs are not ostentatious, exaggerated or
misleading.
- A RA should not take any part in
an open architectural design competition unless the Executive Council
has approved the competition to ensure that provisions are made for
standards of competence and integrity that are reasonably necessary for
the protection of the professional and the public. Members asked to
take part in a limited design competition should at once notify the
Secretary of the (QUA ), submitting particulars of the competition.
- A RA should not act as architect
or joint architect for a work which is or has been the subject of a
design competition in which the member has been engaged as Assessor. A
member who is consulting architect should not act as competition, nor
in any professional capacity in matter connected with the work which
has been the subject of the competition, provided always that the
member may act as (QUA )itrator in any dispute between the promoters
and the selected architect.
- If a RA is officially approached
by promoters for advice as to the holding of a design competition with a
view to acting as Assessor and the position is accepted and the
process officially begins if eventually it is decided not to hold the
competition but to appoint an architect to carry out the work, the
member originally approached in an advisory capacity should not act as
architect for the work in question without the approval of the (QUA ).
Employment and Relations with other Registered Architects (RA's)
- A RA who holds public
office, should in the discharge of his duties adhere to standards of
conduct as high as those which this code requires of a RA.
- A RA employed as a full-time
salaried and official architect by a central or local government
department or by a statutory undertaking, and who is by reason of the
office held is in a position to grant or influence the granting of any
form of statutory or other approval, must not undertake private work
notwithstanding any permission from the employing authority to do so,
unless satisfied that the position held, and action in the matter will
be free from any suspicion or suggestion of abuse and totally unrelated
to the RA’s office and authority.
- A RA employed as a full-time
salaried architect must not undertake private architecture or related
work without prior agreement with the employer.
- A RA shall not have or take as a
partner or co-director in his firm any person who is disqualified for
registration by reason of the fact that his name has been removed from
the Register under the Architects Registration Act; any person
disqualified for membership of any professional institution by reason of
expulsion under the relevant disciplinary regulations.
- A RA shall have a proper regard
for the professional obligations and qualifications of those from whom
he receives or to whom he gives authority, responsibility or
employment, or with whom he is professionally associated. A member who
employs architects shall define their conditions of employment,
authority, responsibility and liability.
- A RA who is offering services as
an independent consulting architect shall not revise a fee quotation to
take account of the fee quoted by another architect for the same
service.
- A RA shall not attempt to oust another architect from an engagement.
- A RA on being approached to
undertake work upon which he knows, or can ascertain by reasonable
inquiry, that another architect has an engagement with the same client
shall notify the fact to such architect.
- A RA, except a member in
Government service charged by Law or his appointment to do so, should
not report on nor give advice on the work of another member without
also giving notice to that member or the Executive of the (QUA ).
- RA’s may refer disputes with or breaches to this Code by other RA’s of the Executive of the (QUA ).
- A RA undertakes not to maliciously or unfairly criticize or attempt to discredit another RA or his work.
- A RA undertakes appropriately to acknowledge the contribution made to his work by others.
- A RA undertakes subject to any
restriction imposed by law or the courts, to report to the (QUA ) any
alleged breach of code of which he may become aware and assist them in
its investigation.
- A RA undertakes to respect and
maintain confidentiality in any matter involving breaches, either
alleged or proven, of the Code of Professional Conduct by a RA.
Practice in other countries
- When practicing in foreign
countries a RA should abide by the code of ethics/conduct of the
relevant professional institution/body of that Country.
- Registered Qatar Architects agree
to abide by the International Code of Ethics adopted by the Union
Internationale des Architects (UIA) hereunder.
INTERNATIONAL CODE OF ETHICS
Article 1. (1)
In all professional undertakings, it is essential to consider the
system of values and culture prevailing in each country, and standards
must be determined on a national basis. This is dictated by the
consideration that standards which are valid for the most advanced
industrial countries may be inappropriate or may entail unwarranted
social costs for the developing countries. (2) There shall be no
attempt to impose solutions of one society on other societies.
Article 2. Based
on the principle that the responsibility for the development of every
country rests primarily upon itself, the local consultant or
professional shall have the primary duty to interpret the needs of his
people, and his vision as to how his country’s environment could be
built, planned, improved or enhanced shall be entitled to respect.
Article 3. The
environment that the professionals are committed to fashion shall be
expressive of the genius of the people and reflective of the substance
of their culture.
Article 4. As a
corollary to the foregoing principles, every consultant from a foreign
country, whether the work is a result of a government-to-government
agreement or a requirement of the funding institution or a project from a
private sector, shall associate and work harmoniously with consultants
or professionals of the country where the project is located.
Article 5. To
accelerate the transfer of appropriate technology, consultants from
developing and developed countries shall, through their interaction,
extended to each other the fullest assistance and access to information.
Article 6. Consulting services shall be performed by individual professionals or
consultants possessing the necessary qualifications, education,
experience and legal registration and license to practice or by firms
whose principals and heads are professionals qualified to perform the
required services and are responsible for the performance of the staff
of said firms.