ARCHITECTS ACT - 1969 (NLCD 357)

    • There shall be established in accordance with the provisions of this Decree an Architects Registration Council (in this Decree referred to as "the Council") to perform the functions assigned to it by this Decree.

    • (1) The Council shall be a body corporate having perpetual succession and a common seal and may sue or be sued in its corporate name.

      (2) The Council may hold, acquire or dispose of any property, movable or immovable for the purposes of this Decree and may do such things as appear to it to be necessary for the performance of its functions under this Decree.

      (3) The common seal of the Council shall be kept in such custody as the Council may from time to time determine, and shall not be affixed to any document or instrument except by order of the Council, and in the presence of two members of the Council who shall sign any such document or instrument independently of the signatures of any person who may have signed the document or instrument as a witness.

    • (1) The Architects Registration Council shall consist of 10 members as follows:-

      (a) one member nominated by the Ministry responsible for Works and Housing or in the event of separation, the Ministry responsible for Works, and who shall be a registered architect;

      (b) five members nominated by the Ghana Institute of Architects;

      (c) one member nominated by the Faculty of Architecture of University of Science and Technology;

      (d) one member nominated by the Academy of Science;

      (e) a legal advisor nominated by the Attorney-General; and

      (f) the Registrar of the Council nominated by the Ghana Institute of Architects.

      (2) The Council shall elect a registered architect as Chairman from amongst its members.

    • (1) Every member of the Council shall, unless he earlier vacates his office, hold office for a period of five years from the date of his appointment.

      (2) A member of the Council shall vacate his office by writing under his hand addressed to the Chairman of the Council.

      (3) In the event of death of, or vacation of office by a member of the Council, the body which nominated him shall appoint another person.

      (4) Any member of Council who vacates office by effluxion of time shall be eligible for re-appointment as a member.

    • (1) The Council shall be concerned with the architectural profession and shall be charged with the responsibility of securing the highest practicable standards in the practice of architecture in Ghana.

      (2) It shall be the duty of the Council-

      (a) to prescribe or approve courses of study for, and the conduct and standards of qualifying examinations for registration as a registered architect under this Decree;

      (b) to maintain and publish a register of architects;

      (c) to prescribe and uphold standards of professional conduct and ethics, and

      (d) to control the practice of architecture.

    • The Council may from time to time make bye-laws for all or any of the following purposes:

      (a) for the management and duties of the Council, the holding of meetings by the Council, and the issue of notices calling such meetings;

      (b) for the duties of officers of the Council;

      (c) for the appointment of committees and the powers, duties and proceedings of such committees;

      (d) for the administration, investment and expenditure of the property and funds of the Council from whatever source and for whatever purposes received;

      (e) for the definition of unprofessional conduct and for determining the mode of inquiry into and the method of dealing with such conduct and the penalties which may be imposed upon any member found guilty of such conduct;

      (f) for the scale of fees to be charged by architects for professional advice, services rendered and work done;

      (g) for the fees to be paid for initial and annual registration;

      (h) for prescribing the procedure to be followed by persons applying for registration, and

      (i) for instructions and orders conducive to the maintenance and improvement of the status of architects in Ghana.

    • The Council may appoint a secretary and such other officers and employees as it may deem necessary.

    • (1) The Council shall establish and maintain a fund under its management and control into which shall be paid all moneys received by the Council by way of grants-in-aid from the Government or otherwise, and out of which shall be met all expenses and liabilities incurred by the Council in carrying out its functions under this Decree.

      (2) The Council may invest moneys in the fund in any securities of the Government or in any other securities approved by the Council.

      (3) The Council may from time to time borrow money for the purposes of the Council and may pay interest thereon out of the funds of the Council.

      (4) The annual accounts of the Council shall be subject to audit by a chartered accountant who shall be appointed by the Council.

      (5) The accounts for the preceding year as audited shall be approved by the members at the annual general meeting.

    • (1) The Council shall meet at such times and place as it may agree, provided that the intervals between meetings shall not exceed three months.

      (2) Six members of the Council shall form a quorum at any meeting of the Council.

      (3) Seven days notice of a meeting of the Council, or not less than twenty-four hours in the case of emergency, shall be delivered or sent by the Secretary to each member of the Council; such notice to state the place, the day and the hour of the meeting and in case of special business, the general nature of the business.

      (4) Accidental omission to send or non-receipt of notice referred to in sub-paragraph (3) of this paragraph by any member shall not invalidate the proceedings of any meeting.

      (5) The Chairman or two members of the Council may require the Secretary at the time to summon a meeting of the Council.

      (6) In the absence of the Chairman from any meeting of the Council the members present shall elect one of their members to act as Chairman.

      (7) Questions arising at any meeting of the Council shall be determined by the simple majority of votes cast and in the case of equality of votes, the Chairman shall have a second or casting vote.

      (8) Subject to the provisions of this Decree, the Chairman at any meeting of the Council may, with the consent of the members present, adjourn the meeting from time to time or place to place, but no business shall be transacted at any adjourned meeting other than the business left unfinished at the meeting from which the adjournment took place.

      (9) No notice may be given of an adjourned meeting unless it is so directed in the resolution for the adjournment.

      (10) Proper minutes shall be recorded of all resolutions and proceedings of meetings of the Council and of any committees thereof; and every minute signed by the Chairman of the meeting to which it relates, shall be conclusive evidence of the facts therein.

    • Subject to the provisions of paragraph 11 of this Decree, any person is entitled to be registered as an architect on payment of the prescribed fee, if he is a member of the Ghana Institute of Architects and is-

      (a) a person who has passed the qualifying examinations of the courses prescribed or approved by the Council under this Decree, and completes practical training of such description and for such period as may be prescribed by the Council; or

      (b) a person who has passed the qualifying examinations of any society or institute of architects by whatever name called, approved by the Council as being in the opinion of the Council an association of equivalent status to the Ghana Institute of Architects; or

      (c) a person who was a member of the Ghana Institute of Architects immediately before the commencement of this Decree.

    • (1) No person shall be registered as an architect,

      (a) unless he has-

      (i) become resident in Ghana,

      (ii) attained the age of twenty-one years, and

      (iii) paid the prescribed fees; or

      (b) if he has been-

      (i) adjudged by a court of competent jurisdiction to be of unsound mind;

      (ii) convicted by a court of competent jurisdiction, whether in Ghana or elsewhere, of any offence involving fraud or dishonesty; or

      (c) if, having been adjudged an insolvent or bankrupt, has not been granted by a court of competent jurisdiction, a certificate to the effect that his insolvency or bankruptcy has risen wholly or partly from unavoidable losses or misfortunes.

      (2) Notwithstanding anything in this paragraph a non-resident being otherwise qualified may make a special application for temporary registration for the purposes of executing a specific project.

    • The Council shall keep a register of architects in which the name of every person immediately on his being accepted for registration by the Council, shall be registered showing against his name such particulars as the Council from time to time deem necessary.

    • (1) Subject to the provisions of paragraph 14 of this Decree, the Council may strike off the register of architects the name of an architect if satisfied that he is unfit to practise the profession of architecture by reason that he has been guilty of professional misconduct or has become subject to any disqualification mentioned in sub-paragraphs (a), (b) and (c) of paragraph 11 of this Decree.

      (2) The Council may strike off the register of architects the name of an architect if the prescribed fees remain unpaid for a period exceeding six months.

      (3) A person whose name has been struck off the register of architects under sub-paragraph (1) of this paragraph may have his name restored if the Council is satisfied that he has become subsequently a fit and proper person to practise the profession of architecture, on the settlement of such penalties which may be decided by the Council.

    • (1) The name of a person shall not be struck off the register unless a disciplinary committee has, after due inquiry, made a report to the Council that the person concerned has been guilty of professional misconduct or is otherwise disqualified under the provisions of paragraph 11 of this Decree.

      (2) Where the Council has reasonable cause to believe, whether upon complaint made to it or otherwise, that any person who is a registered architect has been guilty of professional misconduct, the Council may appoint a disciplinary committee for the purpose of holding an inquiry into the conduct of that person.

      (3) The provisions of the First Schedule to this Decree shall apply in relation to the constitution of, and the procedure to be followed by, disciplinary committees appointed under this paragraph, the proceedings at inquiries held by such committees and the powers exercisable by such committees.

    • The Council may, in lieu of exercising its powers under paragraph 13 of this Decree, suspend the person concerned from membership of the Institute for such period as the Council may deem fit.

    • (1) Any person aggrieved by a decision of the Council under paragraph 11 or paragraph 13 or paragraph 15 of this Decree may appeal against that decision to the High Court.

      (2) Every appeal under sub-paragraph (1) of this paragraph against a decision shall be-

      (a) made by petition, in writing, bearing a stamp of Nc2.10;

      (b) lodged within three months after the date of that decision; and

      (c) heard and decided by a Judge of the High Court after such summary inquiry as that Judge may deem requisite.

    • For the purposes of this Decree, "professional misconduct" means any act or omission which is for the time being specified in the Second Schedule to this Decree.

    • (1) No person whose name is not for the time being entered in the Register of Architects may take or use the title of "Architect", or practise under any name, title or style containing the word "Architect", "Architecture", and "Architectural".

      (2) Notwithstanding anything contained in sub-paragraph (1) of this paragraph any firm of architects, one of the partners of which is a registered architect may take and use the title "Architects" or practise under any name, title or style containing the word "Architects", "Architecture", or "Architectural".

    • Any person who contravenes any provision of this Decree, commits an offence and shall be liable to a fine not exceeding two hundred new cedis, or to imprisonment for a term not exceeding one year or to both such fine and imprisonment.

    • (1) Subject to paragraph 18, sub-paragraph (2) of this paragraph and to paragraph 22 of this Decree, every person commits an offence, who being a person carrying on business in Ghana and not being an architect registered under this Decree, uses or causes or permits to be used in connection with his name under which he carries on business the word "architect", or "architecture", or "architectural" or any words, initials, or abbreviation of words intended to cause or which may reasonably cause any person to believe that the person using the same is an architect.[As amended by the Architects (Amendment) Decree, 1972 (NRCD 75), s(a)].

      (2) Nothing in sub-paragraph (1) of this paragraph shall apply to the use of the term "naval architect" or the term "landscape architect" by any person in connection with the profession or calling so described.

    • (1) Notwithstanding any provision of this Decree, on the death (whether before or after the commencement of this Decree) of any architect who was at the time of his death actually carrying on practice as an architect, it shall be lawful for his personal representative (with a view to the disposal of goodwill) to continue the practice under the management of a registered architect for not more than five (5) years from the date of death.

      (2) The personal representative shall keep the Council informed of the registered architect who is managing such practice.

      (3) The Council shall keep a register of the practices of deceased architects in which shall be recorded the names of the managers of those practices.

    • (1) No registered architect shall be entitled to practise as an architect unless he is a holder of an Annual Practising Certificate which is for the time being in force.

      (2) A practising certificate shall be issued by the Council upon application to it by a registered architect and upon payment of the prescribed annual fee.

      (3) Every certificate to practise shall be valid until the 31st day of December of the year of issue of that certificate, and may from time to time be renewed upon payment of the prescribed annual subscription, provided that if at any time during the currency of any such certificate, the holder thereof ceases to be registered under this Decree or has his registration suspended, the certificate shall cease to be valid.

      (4) Every person who practises or undertakes to practise in breach of this paragraph, commits an offence and shall, upon summary conviction, be liable to a fine not exceeding ten new cedis (Nc10.00) for every day that the offence continues.

    • The Ministry may, by legislative instrument, upon the recommendations of the Council, make Regulations for or in respect of any matter relating to or connected with the functions of the Council under this Decree or the proper exercise, discharge or performance thereof.

    • The Ministry may, upon the recommendation of the Council, by legislative instrument, amend, alter or add to or revoke any or all of the provisions of the Schedules of this Decree.

    • In this Decree unless the context otherwise requires-

      "Council" means the Architects Registration Council established under paragraph 1 of this Decree.

      "Ministry" means the Ministry responsible for Works and Housing, or in the event of separation, the Ministry of Works.

      "Chairman" means the Chairman of the Council.

    • This Decree shall come into force on a day to be appointed by the Commissioner responsible for Works and Housing, by legislative instrument.