Section 7
Restrictions on unregistered persons
No person shall unless he is an Architect—
(a)
be entitled to set up an architectural consultancy practice to render architectural consultancy services subject to section 7A;
(aa) be entitled to describe himself or hold himself out under any name, style or title—
(i)
bearing the words “Architect” or the equivalent thereto in any other language; or
(ii)
bearing any other word whatsoever in any language which may reasonably be construed to imply that he is an Architect;
(b)
use or display any sign, board, card or other device representing or implying that he is an Architect;
(ba) be entitled to describe himself as “an Architect” and to use the abbreviation “Ar.” before his name; or
(c)
be entitled to recover in any court any fee, charge, remuneration or other form of consideration for any architectural consultancy services rendered as an
Architect.
(2)
(Deleted by Act A1480).
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Architectural consultancy practice
7A. (1) An Architect shall not, unless registered as a sole proprietorship, a partnership or a body corporate and has been issued with a certificate of registration—
(a)
be entitled to set up an architectural consultancy practice to render architectural consultancy services; and
(b)
recover in any court any fee, charge, remuneration or other form of consideration for architectural consultancy services rendered as an architectural consultancy practice.
(2)
Every application by a sole proprietorship, partnership or body corporate for registration as an architectural consultancy practice shall be made to the Board in the manner to be determined by the Board and shall be accompanied by the prescribed fee.
(3)
The Board shall register a sole proprietorship, partnership or body corporate as an architectural consultancy practice, subject to such conditions and restrictions as it may deem fit to impose, if—
(a)
in the case of the sole proprietorship, the sole proprietor is an Architect;
(b)
in the case of the partnership, all the partners are
Architects; or
(c)
in the case of the body corporate—
(i)
it has a board of directors as may be prescribed by the Board;
NOTE—All proceedings pending before the Disciplinary Committee or Board under this section before 1 December 2002 shall be continued as if this Act had not been amended by Act A1159 – see subsection 41(5) of Act A1159.
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(ii)
it has shareholdings as may be prescribed by the
Board;
(iii)
it has a minimum paid-up capital which shall be an amount as may be prescribed by the Board;
and
(iv)
the day-to-day affairs of the body corporate shall be under the control and management of a person who—
(A)
is an Architect; and
(B)
is authorized under a resolution of the board of directors of the body corporate to make all final architectural decisions on behalf of the body corporate in respect of the requirements under this Act or any other law relating to the supply of architectural consultancy services by the body corporate.
(4)
An architectural consultancy practice shall, within thirty days of the occurrence of any change of its sole proprietorship, or the composition of its partners, board of directors or shareholders, furnish to the Board a true report in writing giving full particulars of the change and obtain the Board’s approval on the latest composition or type of architectural consultancy practice.
(5)
If the Disciplinary Committee finds that—
(a)
the architectural consultancy practice or sole proprietor or any partner, director or shareholder has breached, or failed to comply with or carry out, any of the terms, conditions or restrictions imposed by the Board upon registration of that architectural consultancy practice; or
(b)
(Deleted by Act A1480).
Architects Act 25
(c)
(Deleted by Act A1480).
(d)
the sole proprietor or any partner, director, shareholder or employee of an architectural consultancy practice, whether or not such person is registered under this Act, has committed, or is guilty of, or has contributed to, any of the acts or things set out in—
(i)
15A(2)(a) to (l) or (o) to (p); or
(ii)
section 33, the Disciplinary Committee may, subject to subsection (6), by written notice to the architectural consultancy practice, order—
(aa) the issuance of a written reprimand to;
(bb) the imposition of a fine not exceeding one hundred thousand ringgit on;
(cc)
the suspension of the registration for a period not exceeding two years of;
(dd)
the cancellation of the registration of; or
(ee) any combination of the sanctions set out in paragraphs
(aa) to (dd) on, the architectural consultancy practice.
(6)
(a)
The Disciplinary Committee shall not make any order under paragraphs (5)(aa) to (ee) based upon any of the grounds of complaint set out in paragraph (5)(a) or subparagraph (5)(d)(ii)
unless—
(i)
there has been a hearing conducted by the Disciplinary
Committee of the grounds of complaint against the architectural consultancy practice, sole proprietor or any
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of its partners, directors, shareholders or employees who has caused, contributed or been a party to, the grounds of complaint; and
(ii)
an opportunity to be heard by a representative appointed in writing or by counsel in the case of an architectural consultancy practice, or in person or by counsel in the case of a sole proprietor or any partner, director, shareholder or employee, has been given to such architectural consultancy practice, sole proprietor, partner, director, shareholder or employee, as the case may be.
(aa) Notwithstanding paragraph
(a)
, the
Disciplinary
Committee may make an order under paragraphs (5)(cc)
or (dd) if the Disciplinary Committee has under subsection 15A(2)
suspended or cancelled the registration of—
(i)
a sole proprietor;
(ii)
one of the partners in a partnership comprising only two partners; or
(iii)
one of the directors in the board of directors of a body corporate comprising only two directors.
(b)
In any case where the grounds of complaint are based upon paragraph (5)(d), the Disciplinary Committee shall not make an order under paragraphs (5)(aa) to (ee) if, on the date of hearing, such architectural consultancy practice satisfies the Disciplinary Committee—
(i)
that the partner, director, shareholder or employee who has committed, or is guilty of, or has contributed to, such act or thing as forms the grounds for the complaint has ceased to be a partner, director, shareholder or employee of such architectural consultancy practice;
Architects Act 27
(ii)
that notwithstanding that such partner, director, shareholder or employee has ceased to be a partner, director, shareholder or employee, such architectural consultancy practice is able to comply with all the terms, conditions and restrictions imposed by the
Board pursuant to section 7B or subsection (3); and
(iii)
that no other partner, director, shareholder or employee of such architectural consultancy practice was, otherwise than by being its partner, director, shareholder or employee at the material date, in any way a party to, or connected with, the act or thing which forms the grounds for the complaint.
(7)
Upon the Disciplinary Committee suspending or cancelling the registration of an architectural consultancy practice pursuant to paragraph (5)(cc) or (dd), respectively, the architectural consultancy practice shall cease to exercise any right or privilege conferred upon it under the registration, but it shall be entitled to recover in any court any fee, charge, remuneration or other form of consideration for architectural consultancy services rendered by it prior to the date of receipt of the written notice from the Disciplinary Committee suspending or cancelling its registration.
(8)
Without prejudice to section 17, the Board may at any time upon receipt of an application from an architectural consultancy practice whose registration has been suspended or cancelled pursuant to paragraph (5) (cc) or (dd), respectively, reinstate its registration if it is satisfied that—
(i)
the reason which led to the suspension or cancellation of its registration no longer exists; and
(ii)
the architectural consultancy practice, at the time of such application, complies with the terms, conditions and restrictions imposed by the Board pursuant to section 7B or subsection (3) at the time of the original registration.
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(b)
In reinstating the registration under paragraph (a) the
Board may impose such additional terms, conditions and restrictions as it thinks fit.
(9)
There shall be no appeal against—
(a)
any refusal of the Board to register a sole proprietorship, partnership or body corporate as an architectural consultancy practice ; or
(b)
any terms, conditions or restrictions imposed by the
Board at the time of registration.
(10)
This section shall not apply to an Architect who submits a plan for a building wholly owned by the Architect.
(11)
(Deleted by Act A1159).
(12)
(Deleted by Act A1159).
A body corporate providing a combination of services comprising architectural consultancy services, professional engineering services or quantity surveying services