Mauritius
Professional Architects’ Council Act
Act 7 of 2011
- Commenced on 1 March 2012
- [This is the version of this document at 30 June 2017.]
Part I – Preliminary
1. Short title
This Act may be cited as the Professional Architects' Council Act.2. Interpretation
In this Act—"architect" means—(a)a professional architect; or(b)an authorised foreign architect;"architectural partnership" means a partnership between 2 or more professional architects;"authorised foreign architect" means—(a)a foreign architect authorised by the Council to practise architecture in Mauritius under section 25, 26 or 27;(b)a foreign architect engaged in relation to the construction of a Government building;"building" means a building, an erection or any other structure erected or made on, in or under any land;"Chairperson" means the Chairperson of the Council;"Code of Practice" means such Code of Practice as may be prescribed;"committee" means a committee set up under section 10;"competent authority" means the authority authorising a person to practise architecture;"construction" includes extension, conservation, restoration, repairs or any other alteration;"Continuous Professional Development programmes" means programmes, courses, lectures, seminars or conferences in relation to new construction techniques, materials and methods of management, or changes in construction law, building regulations and building standards, or any other matter related to the profession;"Council" means the Professional Architects' Council established under section 3;"delegated power" means the powers delegated, under section 89 (2) (b) (i) of the Constitution and subject to Part IVA of the Public Service Commission Regulations, to the Council by the Public Service Commission to enquire and report into any complaint of professional misconduct or negligence against a professional architect appointed by the Public Service Commission;"financial year" has the same meaning as in section 2A of the Finance and Audit Act;"firm of architects" means a firm, body, group, company or architectural partnership which practises architecture in Mauritius and is under the control of a professional architect;"foreign architect"—(a)means a non-citizen authorised by the competent authority in his country to practise architecture;(b)—(c)does not include a non-citizen who is a resident in Mauritius and is registered as a professional architect;"Government company" means a company registered under the Companies Act and in which the Government of Mauritius directly or, through another corporate body, owns or controls not less than 50 per cent of the entire share capital;"joint venture agreement" means an agreement between a professional architect or a firm of architects, and a foreign architect;"joint venture partner" means a professional architect or firm of architects with whom a foreign architect has entered into a joint venture agreement;"law practitioner" has the same meaning as in the Law Practitioners Act;"licensed auditor" has the same meaning as in the Financial Reporting Act;"member" means a member of the Council;"Minister" means the Minister to whom responsibility for the subject of public infrastructure is assigned;"officer"—(a)means an officer appointed under section 14; and(b)includes the Registrar;"practise architecture" means provide architectural services in connection with the planning, design or supervision of the construction of a building;"preliminary investigation" means an investigation under section 28;"professional architect" means a person registered as such under section 19;"Professional Conduct Committee" means a Professional Conduct Committee set up under section 30;"Registrar" means the Registrar of the Council appointed under section 12;"Registration Board" means the Registration Board set up under section 9;"resident" has the same meaning as in the Immigration Act;"student architect" means a person enrolled as such under section 23;"supervising officer" means the supervising officer of the Ministry;"trainee architect" means a person enrolled as such under section 23;"Vice-Chairperson" means the Vice-Chairperson of the Council.[S. 2 amended by s. 22 (a) of Act 38 of 2011 w.e.f. 2 April 2011.]Part II – The Council
3. Establishment of Council
4. Objects and functions of Council
The Council shall—5. Powers of Council
The Council shall have such powers as may be necessary to discharge its functions most effectively and may, in particular—Part III – Management of Council
6. Composition of Council
7. Vacancy in membership of Council
8. Meetings of Council
9. Registration Board
10. Committees
11. Disclosure of interest
12. Registrar
13. Delegation
14. Appointment of officers
15. Conditions of service of officers
The Council may make provision to govern the conditions of service of its officers and, in particular, to deal with—16. Protection from liability
No liability, civil or criminal, shall be incurred by the Council, any member or officer, in respect of any act done or omitted by it or him in good faith in the discharge of its or his functions, or exercise of its or his powers, under this Act or any regulations made under it.17. Powers of Minister
Part IV – Professional architect, trainee architect and student architect
18. Practice of architecture
19. Registration of professional architect
20. Register
21. Annual fee
22. Annual list
23. Enrolment of trainee or student architect
Part V – Foreign architect
24. Foreign architect
No foreign architect shall be authorised to practise architecture in Mauritius unless—25. Foreign architect practising architecture under joint venture agreement
26. Foreign architect practising architecture for statutory corporation or Government company
27. Foreign architect appointed by Public Service Commission
A foreign architect may be authorised to practise architecture pursuant to section 24 (d) where—Part VA – Firm of architects and foreign firm of architects
[Part VA inserted by s. 22 (b) of Act 38 of 2011 w.e.f. 2 April 2011.]27A. Firm of architects
27B. Foreign firm of architects
Part VI – Discipline
28. Preliminary investigation
29. Disciplinary proceedings
30. Professional Conduct Committee
31. Proceedings of Professional Conduct Committee
32. Disciplinary measures
33. Other disciplinary measures
34. Summary proceedings
Where the Council is satisfied, after having carried out a preliminary investigation against an architect, other than a professional architect in respect of whom the Council holds a delegated power, that he has committed an act or omission which, in its opinion, is not considered to be of a serious nature, it may inflict upon him a warning or severe warning.35. Name and other particulars to be removed from register
Where a professional architect has been deregistered from practising architecture under this Act, the Council shall cause the Registrar to remove the name and other particulars of the professional architect from the register of professional architects.36. Restoration of name and other particulars to register
Part VII – Financial provisions and accounts
37. General Fund
The Council shall set up a General Fund—38. Execution of documents
39. Donation
Article 910 of the Code Civil Mauricien shall apply to the Council.40. Audit
Part VIII – Miscellaneous
41. Seal of Council
The Council shall have a seal which shall bear such device as may be approved by the Council.42. Legal proceedings
43. Confidentiality
44. Appeal against decision of Council
45. Offences
46. Regulations
47. ***
48. ***
49. Transitional provisions
50. Commencement
History of this document
30 June 2017 this version
Consolidation
01 March 2012
Commenced