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Seamus MacBride

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  • Comment on: ARB kicks 2,000 architects off register for non-payment

    Seamus MacBride's comment 14 January, 2014 6:01 pm

    The Architects' Act 1997 provides that where a registered architect has not paid the retention fee by the end of a prescribed period the Registrar may remove the architect from the register and may charge a fee for re-instatement.

    ARB is, in fact charging two fees for re-instatement - a £35 'application fee' and a £30 re-instatement fee. The Act makes it clear that asking to be re-instated does not constitute an 'application' under the Act, so it seems clear that the £35 fee is ultra vires.

    Since the retention fee for any particular year can not fall due before the 1 January it follows that the 'prescribed period' cannot start before the 1 January. By insisting on payment by midnight on the 31 December the ARB has set the prescribed period at zero. That cannot be lawful .

    I received the removal e-mail on the 6 Jan and immediately paid the retention fee and the penalties under protest and wrote to the Registrar setting out the above points.

    By the 14 January I had received no answer, other than a letter dated 9 January confirming my removal, and my name is still not back on the register.