In pursuance of the Proclamation entitle " Proclamation for the constitution of a National Liberation Council for the administration of Ghana and for other matters connected therewith ", published in the Gazette No. 11 of Monday, 28th February, 1966, this Decree is hereby made: -

Functions of Council:
5. (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.

Power of Council to make Bye-laws:
6. 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.

Officers of the Council:
7. The Council may appoint a secretary and such other officers and employees, as it may deem necessary.

Meetings of the Council:
9. (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 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 meetings 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 have a second or casting vote.

(8) Subject to 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.

PART II - QUALIFICATIONS AND RESTRICTIONS

Qualifications:
10. 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 Architect 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.

General disqualifications:
11. (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,
(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 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 is this paragraph a non- resident being otherwise qualified may make a special application for temporary registration for the purposes of executing a specific project.

Striking off and cancellation of registration:
13. (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 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.

Inquiries by disciplinary Committees:
14. (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 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 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.

Meaning of "professional misconduct":
17.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.

Restriction as to the use of titles conferred under this Decree:
18. (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”.

PART III - MISCELLANEOUS PROVISIONS

Offences and penalties:
19. 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.

Improper use of terms implying registration under this Decree:
(1) Subject to 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, users or causes or permits to be used in connection with his name under which he carries on business the word “architect”, “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.

(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.

Powers of personal representative of deceased Architect:
21. (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 deceased architects in which shall be recorded the names of the managers of those practices.

Architects to have annual practising certificates:
22. (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 architect 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 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 anytime during the certificates subscription, provided that if at anytime 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 cedi (NË10.00) for every day that the offence continues.

SECOND SCHEDULE
(Paragraph 17)

1. Each of the following acts on the part of an architect shall constitute professional misconduct, namely: -
(a) allowing any other person to practise in his name as an architect unless such person is also an architect and is in partnership with or employed by him.
(b) entering into partnership with any person other than an architect or structural engineer or Quantity Surveyor, or securing either through the services of a person not qualified to be an architect, or by means which are not open to any architect, any professional business;
(c) entering into partnership in any Limited Liability Company.

2. Each of the following acts or omissions on the part of an architect shall constitute professional misconduct, namely:-
(a) holding or assuming or consciously accepting a position in which the interest of the architect is in conflict with his professional duty;
(b) accepting any remuneration other than professional fees or salary payable be his employer, from any source in connection with the works and duties entrusted to him;
(c) failing to uphold and apply the Scale of Professional Charges of the Institute ;
(d) accepting any work involving the giving or receiving of discounts, gift or commissions, or accepting any discount, gift or commission from contractors or tradesmen whether employed on his works or not;
(e) accepting any remuneration other than fees, salary or royalty for acting as architectural consultant, or assistant to an architectural consultant; soliciting orders for building contractors, decorators, manufactures, estate agents, development firms or companies or firms or companies trading in materials used in or whose activities are otherwise connected with the building in industry;
(f) allowing his name and affix to appear on the note paper of such firms or companies described in sub-paragraph(e) of this paragraph other than in connection with his professional services;
(g) acting in a professional capacity, when engaged as an architectural consultant, advisor or assistant to such firms and companies described in sub-paragraph (e) of this paragraph for third party to whom his principals owe a contractual duty, unless all parties agree that he may act as an independent architect on direct instructions of the said third party and provided that he receives payment of fees direct;
(h) acting as a director in any firm or company on business as auctioneers, house and estate agents or trading in materials used in or whose activities are otherwise connected with the building industry or trading in land or buildings for profit. (i) allowing his professional affix to appear on the notepaper of any firm or company of which he is a director and from which he is prohibited by sub-paragraph (h) of this paragraph;
(j) carrying on or acting as principal, partner or manager of any firm carrying on any of the trades or business specified in sub-paragraph (h) of this paragraph;
(k) advertising or offering his professional services to any person or body corporate by means of circulars or otherwise, or making paid announcements in the Press except when:-
(i) applying to prospective employers for a salaried appointment;
(ii) advertising a professional appointment open or wanted, directed only to members of the profession concerned;
(iii) responding to an advertisement addressed to members of the profession inviting them to submit their names for inclusion in a panel or list of architects, provided his response does not contravene any clause in the Code of Professional Conduct for the time-being in force;
(iv) notifying the architectural professional Press once of change of address;
(v) notifying his correspondents by post, once, of any change of address;
(l) giving monetary considerations for illustrations and descriptions of his work to be published in the press or allowing such publications to be used by the publishers for extorting advertisement from contributors, or for attempting to distribute the publications to potential clients;
(m) exhibiting his name or signature to his buildings, outside his office, or on buildings in the course of construction, alteration or extension, in an ostentatious manner or in lettering exceeding 2 inches in height;
(p) when employed as a salaried and official architect by a central or local government department or statutory body, an by reason of his office he is in a position to grant or influence the granting of any form of statutory approval, he undertakes private work, notwithstanding any permission from his employers to do so, unless he is satisfied that his position in the matter will be free from any suspicion or suggestion of abuse;
(q) failing to act in an impartial manner in all cases of dispute between building owner and contractor;
(r) permitting the insertion in tenders , bills of quantities or other contract documents which provides for payment to be made to him by the contractor whatever may be the consideration, unless with the full knowledge and approval of the employer;
(s) taking part in an architectural competition as to which the Council shall have declared by a resolution the members must not take part, because conditions are not in accordance with the Institute’s Regulations for Architectural competitions, or being associated in anyway with the carrying out of a design selected as a result of a competition as to which the council have declared by a resolution that members must not take part;
(t) failing to notify at once , the secretary upon being asked to take part in a limited competition, the particulars of the competition; and
(u) acting as an architect or joint architect for a work which is or has been the subject of a competition in which he is or has been an assessor, or act as consulting architect unless appointed before the inception of the competition; or having been approached by the promoters to advise on the holding of a competition, with the view to his acting as an assessor, acting as architect for the work; if it is eventually decided not to hold a competition, but to appoint an architect to carry out the work.

3. Notwithstanding anything to the contrary contained in paragraph 1 and 2 of this schedule, an architect shall not be guilty of professional misconduct by reason only of any of the following acts, namely: -
(a) entering into or being in partnership with any person outside Ghana who is a member of a society or institute of architect which is in the opinion of the Council of equivalent status to the Ghana Institute of Architects;
(b) securing professional business by reason of such partnership,
(c) allowing such partnership to be carried on his name, and
(d) paying or allowing or agreeing to pay or allow to any such partner any share out of the fees or profits.
Made this 21st day of May 1969.

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