First Schedule, The Architects Act, 1986

(SECTION 16) DISCIPLINARY COMMITTEE 1. For the purposes of any inquiry to be held under section 16 of this Act, the Council shall appoint five persons including the Chairman, the Legal Adviser and the Secretary from amongst its members, to constitute a committee and shall appoint one of them to the Chairman of the committee. 2. (1) The Council shall cause a statement to be prepared setting out the charges to be investigated by the disciplinary committee, and the Secretary of the Council shall transmit a copy of the statement to each member of the committee and to the person whose conduct is the subject of the investigation. (2) Where the inquiry is to be held in consequence of a petition or complaint made by any person alleging misconduct, the Secretary of the Council shall, in addition to the said statement transmit a copy of that petition or complaint to each of the members of the disciplinary committee. 3. (1) The Secretary of the Council shall give notice of the first date fixed for the inquiry to the person whose conduct is the subject of the investigation. (2) Every such notice shall, at least fourteen days before the date fixed for the inquiry, be delivered by hand at, or sent through the post by registered letter addressed to the last known address of that person. (3) Where any person to whom a notice has been given under sub paragraph (1) of this paragraph fails to appear in person or is not represented by counsel, the inquiry may be held by the disciplinary committee in his absence. No. 7 Architects Act 1986 A67 (4) Notice of any date to which the inquiry may be adjourned shall be given by the Chairman of the committee personally to the person whose conduct is the subject of inquiry or be given in the manner provided in sub-paragraph (2) of this paragraph. 4. (1) When the Council is of the opinion that the evidence of any person or the production by any person of any document is necessary to enable any matter to be investigated by a disciplinary committee, the Council shall direct the Secretary of the Council to require the attendance of that person, or the production by that person of that document, at such time and place as may be specified in a notice which shall be delivered by hand or sent through the post by registered letter addressed to the last known place of residence of that person. (2) Any person who having been served with a notice under sub-paragraph (1) of this paragraph fails without reasonable cause, to attend or to produce any document, as the case may be, at the time and place specified in the notice, shall be guilty of an offence under this Act. (3) The Secretary of the Council shall be the Secretary of every disciplinary committee and every notice issued under this Schedule shall be signed by him. (4) A disciplinary committee shall have power to administer oaths or affirmations to all persons who are required to give evidence before it and any person who refuses to be sworn or affirm, or to answer such questions as may be put to him concerning any matter in respect of which the inquiry is held, shall be guilty of an offence under this Act. (5) Any person who, upon examination, upon oath or affirmation before a disciplinary committee wilfully gives false evidence shall be deemed to be guilty of the offence of perjury. (6) Any person whose conduct is the subject of the investigation at any inquiry or who is in any way concerned or implicated in that inquiry may be represented by counsel at the inquiry. (7) The Council may engage any legal practitioner to assist the disciplinary committee as to the leading and taking of evidence. (8) Every inquiry held by a disciplinary committee shall, unless the Council otherwise determines, in any case be held in camera. (9) Any question before a disciplinary committee shall be determined by the decision of the majority of the members of that committee, and in the event of an equality of votes, the Chairman shall have a second or casting vote (10) Upon conclusion of an inquiry, the disciplinary committee shall prepare and transmit to the Council a report embodying the findings on the matters in respect of which the inquiry was held. A68 No. 7 Architects Act 1986