5 10 110 https://nam.maydayrooms.org/files/original/12acf13d732e62fd233099119b6b2f08.pdf 4d960860888cf5cf55e52b16f071e385 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Professional Issues Description An account of the resource A cohort of NAM members became engaged with the professional registration body, standing as elected councillors on the Architects Registration Council and its various committees. Hitherto entirely dominated by the RIBA bloc, the Council began to yield to a new dynamic through NAM's involvement, enabling fresh perspectives on such issues as mandatory fee scales, greater lay representation on the body, ethically-based standards of professional conduct, etc. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Memorandum to Unattached re forthcoming elections for 1989-90 Subject The topic of the resource Memorandum to Unattached re forthcoming elections for 1989-90 Description An account of the resource Next year the 'unattached' have 13 places on Council and in order to make eure that an election will be held we require at least 11+ nominees. Before the next Council meeting on December 19dd, therefore, I require the follov:ing information from each of the nominees who intend to serve next year: 1 . A letter expressing willingnese to serve if elected a. A statement containing the following in not more than 200 words Date of admission to the register Architectural constituent bodies of which candidate i e a mergber (i.e. 1 unattached' ) Present professional poet and previous experience Committee experience Personal statement 3. Your nomination form ( due to be sent out shortly) with your signature, serial number and date only Your signature on two separate blank sheets of paper Please also note the following: A press ' conference' for the 'unattached' will be held at 11.00am on Wednesday December 1988 at 73 Hall am Street. The 'unattached' pre-meeting will there-fore be held from 10.00am on the same day. Any response you have had from the sample circulated in the summer should be brought along. The prees release will be based on the paper prepared in June by Torn Markus. The reaf30n for the 'unattached' numbere going down this year is related to the timing of RIBA reeigrmtions. See the enclosed correspondence between Bob Adams and Mike Jenks. Please also find enclosed copy letter from F E Paul and copy correspondence re the Profeseional Liability IRevie\iJ Study Team. Alistair Blamire 25 NOV 1988 Alistair Blamire BArch (hons) MArch Alison Blamire DipArch MArch ARIAS Creator An entity primarily responsible for making the resource A Blamire Source A related resource from which the described resource is derived JA Date A point or period of time associated with an event in the lifecycle of the resource 25.11.88 https://nam.maydayrooms.org/files/original/caa8242a7e384e6f91b8883a1acc27d5.pdf 434caf36519550aefff524bd181354d0 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Professional Issues Description An account of the resource A cohort of NAM members became engaged with the professional registration body, standing as elected councillors on the Architects Registration Council and its various committees. Hitherto entirely dominated by the RIBA bloc, the Council began to yield to a new dynamic through NAM's involvement, enabling fresh perspectives on such issues as mandatory fee scales, greater lay representation on the body, ethically-based standards of professional conduct, etc. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Letter from G Adams to Michael Jencks on ARCUK/RIBA numbers Subject The topic of the resource Letter from G Adams to Michael Jencks on ARCUK/RIBA numbers (2pp) Description An account of the resource Dear Mike ARCUK/'RIBA Numbers Further to my let ter Of 19 November 1988. 1 wondered if YOU Illight L onsider 1 The unattached councillors at the December ARCUK could raise the matter of seats & formal Iv a substantive resolution an amendment to the F & GP report that the Electoral Reform Societv supervise the c c,nsti tuent body count. If a ease is presented you might perEuade all the non—RI BA councillors to support the motion . The RI EA councillors will probably oppose the 1110 Lion & you should ask for a formal recorded vote so that it ccjuld be shown that all except the RIBA councillors supported the motion & that the RIBA cc•uncillars were frustrating a genuine attempt at fairness to protect their own interests You could consider but not raise another matter of concern arising from the First Schedule 3 ' For the purpose of computing the number of persons (c ) any person being an honorary, corresponding or retired member of that body shall be deemed not t re be a member thereof" The FAS & IAAS deduct retired members from their totals before calculating numbers but the RIBA includes 1500—2000 of them on the grounds that they are not retired but only not working & are full corporate members of the RIBA even though there is a retired Class of RIBA member . The Registrar is appointed under the ARCUK Acts & is an independent person responsible to the Privy Coucil for the administration of a statutory body established by Act of Parliament. If he receives a formal complaint from a person with a genuine interest or considers that ARCUR Council or its officers are doing anything which is outside the scope of the Act he may refer the matter for advice ta the Secretary of the Privy Council & follow any advice so given. s If ARCUE Council cm the RIBA councillors are seen to be acting i El their own interests & contrary t-.ü the intentions of the Acts , then the proper Iv elec ted unattached councillors could send a formal letter. signed by them all, to the Registrar requesting him refer to the Privy Council that the constituent body count i E not being conducted in accordance with the Acts in that the RIBA is including in its body count: page 1 pem- S ons resigned f rom the RIBA prior t: (3 21 October & are Illembers of the RIBA at t)uat b Retired members of the RIBA who are exc luded from their body count by the First Schedule 3 (c and that as a consequence the unattached are being deprived of their proper representatiQF! & council seats under the requirement the First Schedule 1 (v i i ) . and request the Secretarv of the Privy Council to issue an instruction to the Registrar to comply with the ARC-'LIE<I Acts in this matter . This would raise a storm but the unattached could be seen to have acted reasonably to obtain their proper representation ARC UK Council in accordance with the Aet Even if it did not succeed, it would ensure that the Registrar would e heck very carefully the numbers claimed by the R IBA; & the RIBA would have been warned not to try to inflate their numbers in the future. The unattached could claim the right to be represented at the body count & to check the numbers submitted by all constituent bodies . They might al so consider asking for their numbers to be calculated by a positive count instead Of by deduction as at present. but they should look into this carefully as it might not be to their advantage to do so. Best wishes yours sincerely, G R Adarns Dr Michael Jenks 11 Fardc•n Road Oxford OX-Z 6RT page 2 Creator An entity primarily responsible for making the resource G Adams Source A related resource from which the described resource is derived JA Date A point or period of time associated with an event in the lifecycle of the resource 22.11.88 https://nam.maydayrooms.org/files/original/3e3ff6a44957cdfafe12c519b7acbd38.pdf 4f7521615a5bdc0b6a2358527e59cc87 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Professional Issues Description An account of the resource A cohort of NAM members became engaged with the professional registration body, standing as elected councillors on the Architects Registration Council and its various committees. Hitherto entirely dominated by the RIBA bloc, the Council began to yield to a new dynamic through NAM's involvement, enabling fresh perspectives on such issues as mandatory fee scales, greater lay representation on the body, ethically-based standards of professional conduct, etc. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Letter from G Adams to Michael Jencks on RIBA Subject The topic of the resource Letter from G Adams to Michael Jencks on RIBA - U/A numbers of Council seats (4pp) Description An account of the resource RIBA/UNATTACHED Numbers & ARCUF% Council Seats When I enquired at ARCUF- on the numbers seats for RIBA & unattached for 1989/90 as calculated 31 act-aber 1 eag I was surprised t (3 learn that Year RIBA NC'S Seats Unattached NC'S ea7 13 1 gag 661 C) 14 1 gag 21373 0 6 C) I gag(a) 20973 6 a 50 14 +175 +240 As you know I keep a record af these statistics, & the changes for 1989 are completely against the long term pattern. This has shown a cans tant increase of the unattached % of total numbers & seats. I was told that at the RIBA Council on 2 November 1 gag, there was a very large number of resignations from RIBA which had not yet been processed or given to ARC.UR . If this number was about 400, then the RIBA & ARCUK figures would all change & give a result more in line with past trends as shown as 1 gag (a) above. Since the unattached numbers & seats are calculated by deduction of all constituent numbers from the total, they are at risk if the constituent numbers are inaccurate. If the RIBA wished to keep up their numbers & not disclose their true Iosses by resignations they could delay processing all their resignations until after 31 act-aber & still claim that those who had resigned were still RIBA members for the purpose of ARCUK count. This might be shown if you asked to see the RIBA numbers processed after 31 October. I think you should look into this matter . yo s sincerely, G R Ad ants Dr Michael Jenks Continuing Educatio a Unit Oxford Polytechnic Gipsy Lane Heading ten oxford ox•a OBP page 1 Creator An entity primarily responsible for making the resource G Adams Source A related resource from which the described resource is derived JA Date A point or period of time associated with an event in the lifecycle of the resource 15.11.88 https://nam.maydayrooms.org/files/original/b5d829ab937a90f283e22c8bc847ed35.pdf cddbdadca2638d368fbe071ae33aa813 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Professional Issues Description An account of the resource A cohort of NAM members became engaged with the professional registration body, standing as elected councillors on the Architects Registration Council and its various committees. Hitherto entirely dominated by the RIBA bloc, the Council began to yield to a new dynamic through NAM's involvement, enabling fresh perspectives on such issues as mandatory fee scales, greater lay representation on the body, ethically-based standards of professional conduct, etc. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Letter from William Paul to Michael Jencks Subject The topic of the resource Letter from William Paul to Michael Jencks re Unattached Architects' representation (1p) Description An account of the resource Th.•anks for your letter dated the 22nd of' July 1988, and the enclosed stat ement of some of the issues confronting ARCUK Councillors who represent the 6,600 or so t unattached architects who are on the Register. I am prepared to f discuss t the issues raised in the statement, or any other relevant topics with architects in the Region. It occurs to me that a meeting might be called for this verv purpose at which you one of the other Councillors might care to speake Speaking from experience, and on the assumption. that not more than fifty of those invited to attend would actually make an appearance, the cost of hiring a room would be about C 15—00. I would be prepared to underwrite this cost providéd that those att ending were invited to make a small subscription to offset expenses. If you agree I am prepared to write to the 'unatt ached* inviting them to att end. I real ise that there a number of detailed matters to work out if qy suggestion is adopted, however I thought that I should first make the suggestion t in principle'. If you favour the idea the details can be attended to. Creator An entity primarily responsible for making the resource W Paul Source A related resource from which the described resource is derived JA Date A point or period of time associated with an event in the lifecycle of the resource 29.7.88 https://nam.maydayrooms.org/files/original/3e998fd2e403c32bee45e36343837474.pdf 4258e1ea64fa8a075eadff3e5395ca55 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Professional Issues Description An account of the resource A cohort of NAM members became engaged with the professional registration body, standing as elected councillors on the Architects Registration Council and its various committees. Hitherto entirely dominated by the RIBA bloc, the Council began to yield to a new dynamic through NAM's involvement, enabling fresh perspectives on such issues as mandatory fee scales, greater lay representation on the body, ethically-based standards of professional conduct, etc. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Copy of RIBA submission to Construction Industry Study Team on PI problems Subject The topic of the resource Copy of RIBA submission to Construction Industry Study Team on PI problems (12pp) Description An account of the resource Submission by the Royal Institute of British Architects to the Construction Industry Study Team on Professional Liability Problems INTRODUCTION 1.01 The RIBA welcomes the opportunity to make a formal submission on professional liability problems to the Construction Industry Study •ream. In accordance with the Study Team's invitation this submission broadly follows the structure outlined below: 1 . Problems perceived in the current arrangements (Section 2 ) Action taken by the RIBA to combat these problems (Section 3 ) Priorities for reform (Section 4) 0. How these reforms can best be implemented (Section 5 ) 1.02 Representatives of the RIBA would be pleased to meet the Study Team Chairman and Secretariat to discuss this submission. Should further information be required we shall endeavour to provide it. 2 2. PROBLEMS PERCEIVED IN CURRENT ARRANGENENTS The State of the law 2.01 The present state of the law in relation to defects in buildings is identified in the Atkins Report (Latent Defects in Buildings: An Analysis of Insurance Possibilities, Building EDC, 1985) as a mess . It is uncertain and, often, unjust. It serves the interests of neither those who produce nor those who, as tenants or owners, subsequently use and enjoy buildings. 2.02 Although written before the Latent Damage Act 1986, that statement remains true today . The 1986 Act, which closely follows the recommendations in the 24th Report of the Law Reform Committee on the subject of latent damage, fails in our view to satisfy the Committee's own criteria of justice and equity to claimants and defendants alike. 2.03 Those who suffer damage as a result of defects in buildings require certainty of compensation and, more particularly, payment of that compensation without delay in order that they shall have available the funds necessary to repair the defect and so contain the damage. A right to compensation is illusory if the route to that remedy is prolonged and costly, if the defendant, being a company, no longer exists or being an individual has died or does not have the means to pay. Yet in seeking to alert the Government and the public to the seriousness of this situation, the professions have found themselves rebufTed on the grounds that they are simply pleading their own cause, and even accused of being interested solely in some form of limitation of their own liability. European considerations 2.0/1 In the Bulletin of the European Communities (Supplement 6/86) the Commission recalled that - "The first impetus for consumer protection policy was given by Heads of State and Government in October 1972. Meeting in Paris, on the eve of the Community's first enlargement, they called on the Community to adopt a programme to augment and co-ordinate national measures in favour of the protection of consumers. This policy was formally inaugurated in April 1975 with the adoption of the first programme for consumer protection . This set out to guarantee five basic consumer rights protection of the consumer against health and safety risks; protection of consumers' economic interests; improvement of the consumers' legal position (help, advice, the right to seek legal remedy); — improvement of consumer education and informat ion ; appropriate consultation and representation of consumers in the taking of decisions affecting their interests. " 2.05 The problems arising from the state of the law outlined above involve potential infringement of all of these consumer rights, since in the context of the provision of professional services the client is the consumer. Collateral Warranties 2.06 'l'he unsatisfactory state of the law has led to a marked growth, particularly in the commercial field, in the call for warranties to be given by a professional firm to a company which is not the client but which is providing finance for a proposed development. The RIBA has seen a number of such documents which would have the effect of requiring member firms to act with more than the professional standard of reasonable skill and care even to the point of warranting the performance of a building. Those requesting such an undertaking appear unaware that the attendant liability would not be covered under the normal indemnity insurance policy wording. The policy issued under the RIBA Insurance Scheme, for example, includes the following under a heading of General Exclusions: "The policy shall not indemnify the Assured in respect of . any claim arising out of performance warranties, penalty clauses or liquidated damages clauses unless the liability of the Assured to the claimant would have existed in the absence of such warranties or clauses. " Joint and several liability 2.07 The majority of claims arising out of building industry operations involve a number of defendants. If' more than one defendant is found partly responsible for damages, the courts will hold them jointly and severally liable for all damages . Each defendant is fully liable for the total judgement even if a particular defendant was negligent only to a slight degree. This leads to the inevitable view that a claimant is much less concerned with whether or not a defendant is at fault than with who is in the best position to pay for the alleged damages. Those who have insurance cover, who tend to be the consultants, are regarded as the more rewarding target. Building is a risky business 2.08 Any building operation carries risk for those involved, whether as owners, designers, builders or suppliers. Almost every building is its own prototype. Defects will occur, often without any of the participants being at fault. The cost of repair or replacement is high by comparison with many other artifacts. There needs to be a proper allocation of responsibilities among all of those involved, including those responsible for the continued maintenance of the building and for the renewal of its short-lived parts. Avoiding or reducing risk involves checking mechanisms which are costly particularly where there are innovative methods of construction. The cost of this checking has to be balanced against the cost attendant in the risks themselves, and the consumer has a right to choose where the money is to be spent. 2.09 As owners increase their requirements for the performance of the buildings they commission, so those buildings become more complex. A shortage of adequately skilled building operatives, coupled with deficiencies in site supervision by contractors, means that the incidence of defects rises. The difficulty of obtaining compensation leads to delay in making repairs, and hence to further increased costs. Professional Indemnity Insurance 2.10 Architects, like other professionals, have witnessed a sharp rise in the cost of indemnity insurance over the last few years. Premiums have roughly trebled to a point where today they represent on average about 7% of fee income, with some firms paying in excess of 10%. Firms have had to accept higher excesses and many have reduced the level of cover. Some have even chosen to practise without cover. 2.11 A growing number of clients, particularly in the public sector and following the lead of the PSA, are requiring cover to set levels related to fee income. Government Departments are seeking an undertaking from their consultants that they not only have the required cover but will maintain it for a period of six years from the completion of the project. This is creating problems since such cover is only available on a year by year basis, and no firm can anticipate what the cost may be in the future. This point has been strenuously made to Ministers and we are informed that the position is being reviewed, but firms are still being required to give an undertaking which, through no fault of their own, may prove incapable of fulfilment. 2.12 Insurance cover is at present generally available to firms at levels sufficient to meet the Government's requirements, but at a price. If a firm is unable to pass any increased premium costs on to a client in increased fees this can have a serious effect on the cash flow and profitability of the business. firm forced into liquidation before a claim is received will be unable to meet that claim when it does arise. Members in retirement 2.13 There are also problems for the member in retirement from practice, which could be at a relatively early age. He or she has no business income from which to maintain cover, and even if other means of maintaining it are available, the premiums will not be tax deductible. A continuing practice can sometimes provide cover for its former members in retirement, but probably for a limited period only. A scheme developed by the Architects Benevolent Society can provide limited cover for a reasonably modest premium, and is some help to those who have been retired from all practice for a number of years. Yet this may be beyond the reach of the frail and elderly retired architect, or of the widow of an architect who is the beneficiary under the Estate, who can receive notice of aclaim many years after practice ceased. We recently received information of one such possible claim against the Estate of an architect who died on 19 May 1982. That Estate could be represented by the widow's present home. 3. ACTION TAKEN BY THE RIBA TO COMBAT THESE PROBLXS Promotion of the case for change in the law 3.01 In July 1977 the RIBA submitted a memorandum to the Lord Chancellor's Law Reform Committee concerning limitation of actions. A copy of that memorandum was included in our response dated 25 April 1988 to the Study Team's questionnaire. In it we called for legislation to fix definite limitation periods of reasonable duration and to provide for co-ordinating and integrating existing insurance arrangements so that the public at large, as owners, tenants or visitors, are adequately protected. The RIBA memorandum was referred to in a footnote on page 17 to the Law Reform Committee's Twenty First Report, and the Study Team has a copy of this. 3.02 The RIBA submitted evidence to the Law Reform Committee in January 1982 and in March 1985 we commented on the Committee 's Twenty Fourth Report on Latent Damage . The Study Team has a copy of this comment, in which we found that whatever small benefit might accrue to a few potential claimants and defendants was by far outweighed by the added complexity and confusion of rules which would apply if the recommendations were passed into law. We called for the report to be rejected by the Government. 3.03 When, in 1986, the recommendations in the Twenty Fourth Report were translated into the Latent Damage Bill, the RIBA and others in the construction industry sought amendments which, in the interests of the consumer, would lead to greater certainty. Those amendments were opposed by the Government, and the Bill became law. �Project Insurance In December 1985 we made proposals to the Building EDC Insurance Feasibility Steering Committee in response to the Atkins Report mentioned above. The Study Team has a copy of these proposals which were for a system of latent defects insurance taken out on a project by project basis in the joint names of all the producers of the building for the benefit of the users . Call for a Government Inquiry .05 In February 1986 the Councils of the Institutes of Chartered Accountants in England and Wales, in Scotland and in Ireland submitted a memorandum to the Secretary of State for Trade and Industry on Professional Indemnity Insurance and limitation of liability. The conclusion to this memorandum called on the Government, as a matter of urgency, to set up an inquiry into the desirability of and the possible methods of effecting limitation of liability for claims of negligence. The RIBA was among those who supported the ICA memorandum. 3.06 Further calls for change in the law came in a debate in the House of Lords in March 1987 on Civil Liability and the Professions, during which the Duke of Gloucester, speaking as an architect, made a powerful contribution. The RIBA provided briefing material for the Duke. • 07 In April 1987 a delegation of the professions including the ICA, the Law Society, the Bar Council, Patent Agents, the ACE, the RICS and the RIBA met Paul Channon, then Secretary of State for Trade and Industry, to press the case for reform. Further submissions followed on the availability of insurance and on the requirements of the various professions for their members to hold insurance. It is understood that this joint invitation by the professions may have led to the setting up of the present inquiries which the RIBA welcomes. The RIBA Insurance Scheme The RIBA Insurance Scheme was launched in April 1986, at a time when the insurance market was extremely volatile, with premiums escalating. It is organised by the RIBA Insurance Agency Ltd, a joint company formed by the RIBA and Architects and Professional Indemnity Agencies Ltd (APIA) who have been involved in architects t indemnity insurance since 1920. The RIBA Scheme is open to architectural practices where at least of the principals are members of the RIBA and at least of the work is carried out in UK ofTices for construction in the UK. Special arrangements may be available for those who do not meet these eligibility requirements. The Scheme is based on a standard policy for 2250,000 in respect of each and every claim, with additional layers available up to at least Although is the recommended minimum cover, for very small practices the Scheme will in suitable cases make available cover of moo,ooo. Central to the operation of the Scheme is a continuing dialogue between the professions, the brokers and the underwriters, providing feedback in both directions concerning liability, claims experience and statistics. The RIBA receives a small proportion of the premium income to the Scheme which is devoted wholly to reducing the vulnerability of members to claims of professional negligence. This includes counsel ling and educational initiatives, promoting and pursuing legislative changes and seeking improved insurance protection. A particular feature of the Scheme is the RIBA t s right, if requested by an assured, to intercede with underwriters where there is any dispute about repudiation of a claim or voiding a policy. The Scheme has grown steadily since its launch, and there are signs that its introduction has had a steadying effect on the insurance market. Indeed, at the last renewal, many of those insured under the Scheme found their premiums slightly reduced. Promotion of Sound Practice 3.12 Over the past 25 or so years the RIBA, alone and with others, has mounted a sustained programme in support of sound practice, through the publication of a series of handbooks, guides, practice notes and other aids with the aim of improving the management of architectural practice and thereby reducing risk. Among the best known are the RIBA Plan of Work for Design Team Operation, the Handbook of Architectural Practice with a fifth edition in preparation, and the Job Book with a fourth edition to be published this autumn. The Practice supplement to the RIBA Journal, first issued in 1984, aims to inform members of developments in the law, in forms of contract, in conditions of appointment, in planning and building control, and other practice matters. The recent publication of conventions for co-ordinated project information, including the Common Arrangement of Work Sections for Specifications and Bills of Quantities, represented the culmination nine years combined efTort by architects, surveyors, engineers and builders, with Government help, to improve the quality of the information that passes between the various members of the building team and to reduce errors. 3.13 Continuing professional development will become compulsory for members of the RIBA in 1993. Distance learning packages covering all aspects of practice are currently being produced in a collaborative venture with the University of London. A range of support services including seminars and conferences is provided on a commercial basis by RIBA Services, and a new edition of the National Building Specification, in Common Arrangement format, will be available to subscribers early in 1989. Guidelines to sound practice, incl uding reference lists, were first published by the RIBA in 1986 and were issued free to all members. They are part of the syllabus for the RIBA Examination in Professional Practice. They have just been revised and will shortly be re-published. Sound Practice is further encouraged by explaining and promoting the concept of Quality Assurance. Research 3.14 The RIBA has been involved from its inception in an international study of post-contract liability being carried out by a working party of the International Council for Building Research Studies and Documentation (CIB) . An RIBA working party is studying methods of building procurement with a view to clarifying the roles, relationships and responsibilities of the various parties. This is leading to amendments to the RIBA Architect's Appointment and to the JCT forms of building contract to sharpen the definition of' these roles. Disputes and Complaints 3.15 The Architect's Appointment provides for the resolution of differences and disputes between architect and client. Where such a dispute relates to fees charged and the parties agree to refer it to the RIBA, the RIBA will give an opinion provided that that opinion is sought on a joint statement of undisputed facts and the parties undertake to accept it as final and binding upon them. There is separate provision for arbitration in which the RIBA takes no part. 3.16 The RIBA has also developed a procedure for the resolution of complaints by clients about the services of architects by conciliation. The intention is to restore accord between willing parties by the persuasion of a conciliator whom they trust. The procedure is informal and confidential. Either party can withdraw at any time without loss of rights in law. By definition it is imprecise, and this quality is both its strength and its weakness: strength in flexibility, weakness in authority; dependence on a willingness to resolve a difference. The scheme is operated on a regional basis and relies wholly on the skill and judgement of experienced members. 3.17 Separately a working party is investigating how best the RIBA can ascertain the nature and extent of any deficiencies in the performance of its members in respect of which complaints relating to quality of service are received, and considering how disciplinary aspects should be handled by the Institute. PRIORITIES FOR REFORM Objectives 14.01 Because of the complexity of the problems that arise from latent defects in buildings, it may be helpful to the Study Team if we set out the objectives that should be aimed at in any reforms. What follows is based on part of the RIBA submission to the Lord Chancellor's Department in March 1985 on the Twenty Fourth Report of the Law Reform Committee on the subject of latent damage . 0.02 In our view the objectives for reform should be: a. Certainty of prompt compensation Both certainty and promptitude are necessary, if only because the owners of defective buildings seldom have the funds available to enable them to mitigate their losses and prevent progressive deterioration. Prompt remedying of defects in buildings would substantially reduce the total damage bill. Attainment of this objective will almost certainly involve insurance provisions of some kind. Certainty as to the period during which compensation will be available In order that the risks may be insurable there has to be a known or readily ascertainable date on which responsibility clearly passes from the producers of the building to the owners. We are informed by insurers that 90% of all latent defects are manifest within ten years of completion. Ten years is a period in harmony with much EEC practice. It is a period after which the residual risk would be reasonably insurable as an extension of normal building owners' policies on an annual renewal basis . Certainty ag to the amount of compensation which is available At present, provided that culpability can be established, there is in theory no upper limit to the amount of compensation that may be awarded. In practice unlimited insurance is not available, while the assets otherwise of those found culpable are finite. There may therefore be a right without a remedy. Legislation is needed to limit available compensation possibly with a factor for inflation. Risks of substantial consequential loss should be insured by owners, who are the only parties to have the knowledge of the sum to be insured. The producers of buildings cannot insure nor can underwriters estimate the risk of future consequential losses. d. An equitable sharing of the burden of compensation The present law, particularly that relating to contribution, can operate with great inequity. Minor tortfeasors can find themselves liable for the whole of the loss for the simple reason that they are the only parties left extant and with means. A fair allocation of risk demands that a particular defendant is liable only for that share of the damages which is judged to be caused by his or her own negligence. e. The incorporation of provisions in respect of' the building control inspectorate Local authorities are commonly joined in litigation relating to latent damage where there is risk to health and safety. The same considerations will apply to any private alternative through Approved Inspectors under the Building Act 198 14 , always assuming that satisfactory insurance arrangements can be found for such persons . The need to resort to litigation only as an exception Under present arrangements, litigation or at least the threat of it is the normal route to compensation. Because of the complexity of the building process and the many parties involved, legal and witness costs represent by far the greater proportion of the total costs suffered by defendants and their insurers. If claims could be settled without recourse to litigation these costs would be substantially reduced. In the final analysis, the cost of defects assurance becomes a charge on the product. Any reduction in legal costs would be to the benefit of consumers. �Sound Practice 4.03 While working towards the achievement of these objectives for reform the RIBA will continue to promote sound practice through continuing professional development, with a view to reducing the incidence of error. HOW THESE REFORMS CAN BEST BE IMPIMENTED Amending Legislation There is no way short of amending legislation that the objectives for reform described in the previous section can be achieved. The RIBA has in the past urged that defects in building, because of their complexity and the number of parties involved, cannot readily be dealt with by generic legislation. We find it strange that that argument has met with resistance, particularly since building is already subject to a special regime of control and legislation. The Defective Premises Act 1972 is a precedent for the kind of reforming legislation that we are proposing, although only applicable to dwellings. The legislation that we are seeking, very much along the lines of our memorandum to the Lord Chancellor's Law Reform Committee of July 1977, would be applicable generally to defective premises and would establish the date on which a cause of action accrues; limit the time within which any action may normally be brought ; . limit the amount of compensation by reference to building costs or professional flees or to that which it would be reasonable to cover by insurance ; exclude liability for consequential loss; provide for each tort feasor to be liable only for his or her own torts. Defects Insurance Reference has earlier been made to the RIBA t s submission to the Insurance Feasibility Steering Committee of the Building EDC. The report of that Committee is eagerly awaited. If, as we understand, the Committee will be recommending some form of defects liability project insurance, then this is likely to enjoy the support of the RIBA. We will hope that early effect can be given to any such recommendations. 12 Compulsory Insurance 5 .014 Given reforms on the lines described, the RIBA considers that it would be right and proper for professional firms to be required to carry an appropriate degree of professional indemnity insurance cover, and for schemes to be considered which would meet claims against the uninsured, claims where the professional person had died and the estate had been distributed, and claims against those in retirement. The RIBA would expect similar provisions to apply to all the others concerned with the design and construction of buildings . The Public Interest 5.05 It will be clear to the Study Team from what has earlier been stated that the reforms mooted here are regarded as being very much in the public interest. RIBA September 1988 Creator An entity primarily responsible for making the resource RIBA Source A related resource from which the described resource is derived JA Date A point or period of time associated with an event in the lifecycle of the resource Sep-88 https://nam.maydayrooms.org/files/original/c3204f291ec10dc759787818505164a7.pdf f0b6148bee0850eee59db8a49638546e Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Professional Issues Description An account of the resource A cohort of NAM members became engaged with the professional registration body, standing as elected councillors on the Architects Registration Council and its various committees. Hitherto entirely dominated by the RIBA bloc, the Council began to yield to a new dynamic through NAM's involvement, enabling fresh perspectives on such issues as mandatory fee scales, greater lay representation on the body, ethically-based standards of professional conduct, etc. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Cover letter (MJ) and letter from K Forder (Registrar) to J Tarn re PI Liability Study Team Subject The topic of the resource Cover letter (MJ) and letter from K Forder (Registrar) to J Tarn re PI Liability Study Team (2pp) Description An account of the resource I enclose herewith a copy of a letter dated 16 November which is self explanatory together with the accompaning Press Release dated 11 May. I have written in terms which indicate surprise that this is the f irst ment ion of this matter that has been made to ARCUK with a request for submission by the end of this month. I am however glad to hear that constituent bodies such as the FAS, IAAS, and the RIBA have been cQn*ulted and have submitted - questionnaires on the mat ter . It rather seems that the big gap in consültation has been an apparent fai lure •to seek the views of unattached architects and the Architectural Association. I am making appropriate representations to the Department of the Environment on this matter together •with querying a situation where it rather appears that on the! three study groups looking at the matter there appear to be only two architects. I should be grateful if constituent bodies could let me have copies of submissions they have made so that we 'can come to some conclusion on how the matter should proceed. Creator An entity primarily responsible for making the resource M Jencks/ Forder Source A related resource from which the described resource is derived JA Date A point or period of time associated with an event in the lifecycle of the resource 22 & 18/11/88 https://nam.maydayrooms.org/files/original/76ac0a47265a64301fa4745b66b72c12.pdf 349a16a75bd3dc9a7bc3c7f15854f6b0 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Professional Issues Description An account of the resource A cohort of NAM members became engaged with the professional registration body, standing as elected councillors on the Architects Registration Council and its various committees. Hitherto entirely dominated by the RIBA bloc, the Council began to yield to a new dynamic through NAM's involvement, enabling fresh perspectives on such issues as mandatory fee scales, greater lay representation on the body, ethically-based standards of professional conduct, etc. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Letter from K Forder Subject The topic of the resource Letter from K Forder (Registrar) to J Tarn enclosing letter to Stephen Dunmore of DoE re PI Liability Study Team, letter from S Dunmore to Forder dated 18.11.88 and DTI notice (8pp total) Description An account of the resource I enclose herewith a copy of a letter dated 16 November which is self explanatory together with the accompaning Press Release dated 11 May. I have written in terms which indicate surprise that this is the first mention of this matter that has been made to ARCUK with a request for submission by the end of this month. I am however glad to hear that constituent bodies such as the FAS, IAAS, and the RIBA have been consulted and have submitted questionnaires on the mat ter . It rather seems that the big gap in consultation has been an apparent failure to seek the views of unattached architects and the Architectural Association. I am making appropriate representations to the Department of the Environment on this matter together •with querying a situation where it rather appears that on the! three study groups looking at the matter there appear to be only two architects. I should be grateful if constituent bodies could let me have copies of submissions they have made so that we can come to some conclusion on how the matter should proceed. Registrar Architects Registration Council of the United Kingdom (STAB: 73 Hallam Street London WI N 6EE Tel: 01-580 5861 Fax: 01-436 5269 Registrar: Kenneth J. Forder M.A. KJF/CL 18 November 1988 Stephen Dunmore Esq Department of the Environment Room PI/ 123 2 Mars ham Street London swip 3EB Dear Stephen I wr ite to acknowledge receipt of your letter of 16 November on the Professional Liability Review and I am writ ing this letter because although I hope to speak to you on the telephone on Monday there is always a possibility that we may not make contact. You may be surprised to learn that this is the first that ARCUK has heard about the setting up of the Construction Industry Study Team and indeed is the first time we have seen the Press Release dated Il May. I gather there has been another Press Release since then. These facts seem all the more surpris ing in view of the fact that the Architects Registration Council is virtually the only statuatory body in the whole construction industry (apart from the Construction Industry Training Board) . I do not of course want to make a song and dance about it but I really think it is very important that the Statutory Body should be informed of such measures at a very early date. The ludicrous position I face at the momen t is that we are given precisely twelve days in which to make a submiss ion. This is of course quite imposs i b I e. When we have an opportunity to speak perhaps we might discuss this. There are I think two things which have been lost sight of. Firstly, although from the checks I have been able to l.nake it seems that most constituent bodies of ARCUK (but not the Architectural Association ( ! ) ) have been consulted and have been sent questionnaires, it is not generally realised that one in four architects is not a member of a constituent body at all. It rather seems that this sector of the profession has not had an opportunity to make its views known. I think we shall have to discuss this also. Secondly at first glance I find it rather astonishing to real ise that architects, who are after all the leaders of the building team and in fact feel the final financial edge of any professional indemnity issue, are represented by precisely two persons in the study teams, both members of one constituent body and neither of them a present or former member of ARCUK Council. Cont/ 2. PROFESSIONAL LIABILITY REVIEW CONSTRUCTION INDUSTRY STUDY TEAM DEPARTMENT OF THE ENVIRONMENT Room 23 2 Marsham Street, London SWIP 3EB Fax (01) 276 3826 Direct line 01-276 Mr K Forder Registrar Architects Registration Council of the United Kingdom 73 Hall am Street London WIN 6EE 16 November 1988 Dear Kenneth PROFESSIONAL LIABILITY REVIEW As- you may already be aware, the Department of Trade and Industry recently set up three review teams to investigate the problems of professional liability experienced by audi tors; valuation surveyors ; and construction industry professionals, i e architects, consul ting engineers and quantity and building surveyors . A Press Notice concerning the study teams' work is attached. The construction industry study team has been gathering information by means of questionnaires sent out to professionals, clients of the indus try , insurers , brokers and contrac tors ; in tervi ews wi th interes ted parties ; and liaison with the professional institutions . We are seeking to es tablish a factual basis on which to ground our recommendations , to establish the nature and extent of the liability prob 1 em , and to solicit recommendations for improving the current arrangemen ts . I am writing now to give you the opportuni ty, on behalf of ARCUK to put forward evidence to the cons truction industry study team on professional liabili ty probl ems as éhey affect professional archi tects . We are working to a tight timetable, and would be grateful to receive your submission by the end of November. This would be followed, if necessary, by a meeting between ARCUK and the study team chairman and secretariat to discuss the submission. It would be of great help if your submission could broadly follow the structure outlined below: . Problems perceived in the current arrangements . Action taken/ to be taken by your organisation to combat these problems . Priorities for reform. How these reforms could best be implemented. Chairman Professor Donald Bishop, CEng, MICE, ARICS, FCIOB Secretary Ms. Ann Blackmore Technical Secretarv Dr. Geoff Pros.ser Perhaps you would let me know whether you wish to take the opportuni ty of providing evidence. I look forward to hearing from you . Yours sincerely , STEPHEN DUNMORE� 88/363 •101 01-21 s 47,72 11 May 1988 Out ot- I lours 7877 PROFESSIONAL LIABILITY STUDIES CHAIRMAN NAMED Secretary of State for Trade and Industry Lord Young today announced the appointment of Professor Andrew Likicrman to chair a series of fact—finding studies into professional liability problems. Three study teams have been set up by the Department of Trade and Industry to establish the nature, scope, extent and implications of these problems. The move is a result of the concern of a range of professions at the increasing number of people using the courts to claim damages for professional negligence and at the dramatic increase in the amounts involved. In addition professional indemnity insurance has become more costly and difficult to obtain. Replying to a Parliamentary Question, Lord Young said: "We have appointed Andrew Likierman, Professor of Accounting and Financial Control at London Business School to be overall Chairman of the fact-finding studies into professional liability. "We have asked Professor Likierman to oversee the work of the three study teams so as to ensure consistency between their approeches and to draw together the results of the individual studies. He will chair a small steering group which will include the Chairmen of the study teams. " These three chairmen will be: Auditors: William C C Morrison CA, deputy senior partner of Peat Marwick Y,cLintock and former President of the Institute of Chartered Äccountants of Scotland Ärchitects/Consu1tinq Enqineers/Construction ÜSurveyors: Donald Bishop CEng, MICE, ÄRICS, F•CIOB formerly London Master Builders Professor of Building at University College, London Other survevors: Ian Oddy FRICS, FRVA, FCIArb — managing partner of St Quintin (Chart.ered Surveyors ) More. . . Liabi it y . 1,0.Td Younq continued: L he menibers of the .study teams have been chc.)3cn so that in each team there is at least one member of the relevant profession or professions, a legal. expert, an insurance and someone with experience as a user of the professional The members are as fol lows: Auditors: Anthony W Mallinson LLM; Robin Jackson; ( further member to be appointed) Architects etc: K Wesley Whims ter FICE, FIStructE, MConsE, FlWEMr FCIArb; Peter Down CEng, FIMechEr SCIBSE, MConsE; Chris Vickers FRICS, ACIArb; Clifford Lansley Dip Arch, AR IBA; Roger Squire FRICS; Bernard Anderson AR IBA; Anthony Kidd FCII, Donald Keating QC, FCIÄrb; Johrl Myatt CEng, FICE Other surveyors: John Chapman FRICS, FRVÄ; Brian Grainger FRICS, F S VA; •Ray Moorman; Edward Hart ill BScr FRICS, Jeremy Mortimer; Kim Lewison Cantab), Barrister at Law NOTES TO EDITORS The decision to ccynmission a series of fact—finding studies was announc.ed by Mr Maude on 28 October 1988 in the light of represent— ations about liability problems from a number of professions and recognising that these problems raised questions of public interest. Anyone wishing to give evidence to the study teams should write to the following addresses: Auditors: Richard Grafen, Department of Trade and Industry, Room 521 10—18 Victoria Street, London SWIH CNN Architects etc: Gail Marshall, Department of the Environment, Roorn Al 07 r Ronne.y House, London SWIP 3PY Other surveyors: Li Ilian P H Birch, Department of the Environment, Room C 14/19At 2 Marsham Street, London SWIP 3EB A copy of the study team's terms of reference and biographical notes on Professor Likierman are attached. ENDS Liability. TERMS OF REFERENCE FOR FACT-FINDING STUDIES In the .li.ght of current concern about the cost and availability of professional indemnity insurance and the extent of professional civil arising out of statutory requirements ) (b ) architects/ consulting engineers/construction surveyors (c) other surveyors (such as land surveyors and mining surveyors ) The studies should in particular: Examine the nature of the service provided by the professions listed above, the professional duties and liabilities arising from that service, including the extent to which there. are requirements •Eo conform to professional standards and guidelines; the way in which the service is held out to the public; and public expectations and understanding of the service provided; ( i i ) Obtain detailed information about recent trends in the availability and cost of professional indemnity insurance for the profession listed above, and the reasons for these; ( i i i ) Obtain information about how the law has operated in the past and how it currently operates in relation to actions in negligence against members of the professions listed above; ( i v) Consider international developments with particular reference to the European Community and the extent to which they have affected, or may affect, (i), ( i i ) and ( i i i ) above; (v) Assess the effects, now and in the future, of (i), ( i i ) and ( i i i ) above on the availability, quality and cost of the services proviöed by the professions listed above, and the impact on those who rely on the service provided by members of these professions and to assess the effects of (i), ( i i ) and ( i i i ) above on the effectiveness and competitiveness of these professions; (vi ) If appropriate, suggest possible next steps for future consideration of the subject. 1.1i abi 1.i$_v . . . 4 PROFESSOR Professor Andrew Likierman, 44 r is a graduate in Philosophy r Politics and Economics of Balliol College, Oxford. At the London Business School, where he is Professor of Accounting and Financial Control, he is Chairman of the Faculty Board and an elected Governor. He is also Chairman of the Economist Bookshop Ltd, a Council Member of the Royal Institute of Public Administration, a Council Member of the Chartered Institute of Management Accountants and Chairman of its Education and Training Commmittee; a member of -the Audit Commission; chairman of the Editorial Board of "Public Money and Management" and advisor on public expenditure matters to the Treasury amd Civil Service Social Services, Employment and Transport Select Committees of the House of Commons . Before taking up his present post Professor Likierman first worked for Tootal Ltd in Manchester, moving to Qualitex Ltd, where he became a Divisional Managing Director. He also spent three years as a member of the Central Policy Review Staff (the "Think Tank" ) , lectured at Leeds University and was a member of the Council of the Consumers Association. Creator An entity primarily responsible for making the resource K Forder Source A related resource from which the described resource is derived JA Date A point or period of time associated with an event in the lifecycle of the resource 18.11.88 https://nam.maydayrooms.org/files/original/119c49a317f18538fe1c416a92f9f9e3.pdf 5c59c2f66b730ff540fccb3526d38140 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Professional Issues Description An account of the resource A cohort of NAM members became engaged with the professional registration body, standing as elected councillors on the Architects Registration Council and its various committees. Hitherto entirely dominated by the RIBA bloc, the Council began to yield to a new dynamic through NAM's involvement, enabling fresh perspectives on such issues as mandatory fee scales, greater lay representation on the body, ethically-based standards of professional conduct, etc. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource General enquiry from DoE seeking responses from industry re PI and indemnity insurance Subject The topic of the resource General enquiry from DoE seeking responses from industry re PI and indemnity insurance (3pp) Description An account of the resource PROFESSIONAL LIABILITY REVIEW Mr Maude's statement of October 28 (copy attached for ease of -reference ) , announced the Government' s intention to set up three independent study teams to examine current problems with professional liability and indemnity insurance. Two of the study teams are concerned with professions sponsored by this Depart— ment , ie those concerned with the construction industry professions and with the evaluation surveyors . The names of the study team's chairman and members should be announced soon and it is hoped that the teams will be able to start work immediately after Christmas. Obviously decisions as to what information and representations the teams will wish to commission and in what form can only be taken by the study teams once they have met and discussed the issues . The teams are however working to a very tight time— table. Ministers have asked for their reports within 6 months. I am writing therefore to suggest that your organisations might like to give some preparatory thoughts to what sort of material your organisation would wish to put to the teams . It may be for example that you will need to convene ad hoc meetings to agree papers or to commission extra material . If so dates could perhaps be set for these in anticipation of an invitation from the study teams to submit evidence early in the New Year. c secretariat It will help can the brief study the teams teams make as rapid fully progress as possible if the at teams the' outset. It would therefore be extremely . helpful if your organisation could provide the secretariat wikb as much of the information listed in the attached annex by the' of the first week in January, especially sections 2 and 3. We understand this gives very little time but would appreciate an initial response even if this is amended subsequently. Material should be sent to Ms G Marshall, Joint Secretary, Professional Liability Study Team, Room Al 07, Romney House, 43 Marsham Street. Jenny Williams 3 December 1987 ANNEX 1. Membership Please indicate range of expertise covered Are firms/partnerships eligible for membership as distinct from individuals? Estimated membership ( ) Total number of practices and/or of individual members ( specify which) % of those actively practising ( i i) of which No. in private practise No. in public sector No. in other occupations No. retired For practices in membership Fee income by size diaggregated, if possible to — advisory services — surveys : structural and others — design — Management and supervision of construction — expert witnesses and arbitrators — others Functions of Organisation Does your organisation have the following functions ( ) registration ( if so, for what ) ( i i) practice advice ( i i i) discipline ( iv) provision of insurance scheme ( if so, please provide details ) List the activities undertaken by your members and the principal liabilities incurred, for example, (please indicate whether, very common, common, unusual, ) — provision of advisory services — surveys — design — management and supervising of construction — services as expert witness and arbitration Do you have figures of the PI premiums of members if possible by year, giving the range and the percentages of fee income. Do you have figures on the claims experience of members? If so, can it be broken down by year into— —nature of claim(eg negligent advice/design error) —length of time taken to settle rettlertüt :-c. —amount claimed —amount of settlement —impact of Civil Contributions Act —amount paid by insurer and by individual Are certain types of members (eg small practices) or types of insurance more risky. Are there past papers or representation s from your organisation on the subject of professional liability and insurance that the study team should see if so ) please list and, if possible, provide copies. Please name a contact for the team with your organisation . Creator An entity primarily responsible for making the resource Jenny Williams Source A related resource from which the described resource is derived JA Date A point or period of time associated with an event in the lifecycle of the resource 3.12.87 https://nam.maydayrooms.org/files/original/5369e93803ac6940334d3c4cdd2efe63.pdf 0087d11467434282dc48b4140ca0e694 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Professional Issues Description An account of the resource A cohort of NAM members became engaged with the professional registration body, standing as elected councillors on the Architects Registration Council and its various committees. Hitherto entirely dominated by the RIBA bloc, the Council began to yield to a new dynamic through NAM's involvement, enabling fresh perspectives on such issues as mandatory fee scales, greater lay representation on the body, ethically-based standards of professional conduct, etc. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Letter and enclosures re review of the Gentlemen's Agreement on ARCUK representation Subject The topic of the resource Letter and enclosures re review of the Gentlemen's Agreement on ARCUK representation (10 pp) Description An account of the resource Dear John GENTLEMAN'S AGREEMENT SUB-C(hff1TTEE This commi t tee will be reporting to council next week. The chairman has formulated a proposal. Personally I do not think it is acceptable. However, I have agreed to poll the views of unattached councillors. Please telephone me if you find these proposals attractive. Unless I hear from you, I shall be informing the chairman of the committee that these proposals are not satisfactory. It may be possible to table the attached note outlining the position of the unattached. Alan Groves (R IBA) has indicated verbally that if any discussion anises on the matter in council, he will move that the issue is dealt with in sub—committee. I think we stick to our guns. I also attach some analysis of the constituent body numbers game. The figures are frorn ARCUK (Mike Baird). This matter may arise during Mike Jencks' motion. I hope they are useful. Best wishes Christopher Shaw enc: THE ' UNATTACHED' POSITION RE: REVIEW OF GENTLEMEtVS AGREEMENT: 1989/90 Further to the report by the Finance and General Purposes Committee to Council at the 227 Ordinary Meeting, we feel that i t would be useful to draw together the principle issues and perhaps to clarify the position of the ' Unattached' representatives on Council. THE PROBLEM: As evidenced by Helen Fishers very informative paper on the background to the whole subject (1935) , i t is clear that the balance of representation on ARC(JK Council has changed substantially since the ground rules for the Gentlemen' s Agreement were first established in 1936. A sys tern of I Free Election I is no longer a guarantee of ensuring that the make-up of committees has "reærd to the composition of Council at the time" , required under Regt-Il at ions 10 and 14, with reference to any committee of Council. Put more simply, it Is essential for the efficient working of the commi t tee' s that they have the confidence of Council. Further, as all Council members are aware, the business of one ARCUK Council meeting is lost while the ' Free Election' is carried out along largely pre-determined lines. This charade is made much of in the architectural press and does not reflect well on Council. THE CURRENT POSITION: We understand that the current review was precipitated by members of the RIBA' s Arc uk Liaison Committee. The ' Unattached' concur with this view, It is high time that this issue was resolved, There have been suggestions from some quarters that the Gentleman' s Agreement should be withdrawn and that the majority body should take all seats on the committees, The ' Unattached' do not believe that this is a reasonable interpretation of the Regulations. THE UNATTACHED PROPOSAL: We look forward to the establishment of firm basic principles for the Gentlemen' s Agreement In consultation with all concerned that will avoid the need for unnecessary argument every time the annual review of the Gentlemen' s Agreement takes place in years to come. From examination of the majority of proposals tabled so far, we should like to propose the following principles as a basis for proceeding: . All non-statutory places on Cornrni ttee should be filled by nomination under the Gentlemen' s Agreement rather than by ' Free Election' as at present. . In accordance with the principles of the 1st Schedule of the Act (which allocates to every Constituent Body and the Unattached a minimctm of 1 representative on Council) no matter how few there membership) , we propose that all parties to the agreement should have a minimum of one seat on every Committee. This can be achieved either statutorily (i e those bodies may have representation under Schedules 10 and 14 of the Regulations) or through the agreement. 3 . Once each body has been allocated their one minimum seat, the remainin• seats should be shared out in proportionately to the balance of seats on Council at that time. . The suggestion has been made that the smaller constituent bodies and the ' Unat tached l have less backup administration facilities than the principle constituent body, and as such are unable to offer as much to the work of the committees. This suggestion may need some research to validate. In any case, the Unattached' do not believe that this is in the spirit of the regulations, . As members of the constituent bodies often have duplicate representation that the benefit of the doubt may be 8iven to the Unattached' We understand that the smaller constituent bodies may have representation in excess of their proportional representation. We feel that this is acceptable. It appears to be the intention of the Regulations that the interests of those constituent bodies are reflected in the make up of the commit tees. We recognise the difficulty in achieving absolutely mathematical division by the proportions of the larger bodies. An accommodation would have to be made, In any case, it is the view of the ' Unattached' that common sense WOU1d prevail and that this could be resolved a reasonable manner. The Unattached believe that these principles will provide a fair and secure mechanism through which the Annual Resolution may be effected. Christopher Shaw Creator An entity primarily responsible for making the resource C Shaw Source A related resource from which the described resource is derived JA Date A point or period of time associated with an event in the lifecycle of the resource 10.3.89 https://nam.maydayrooms.org/files/original/b7d0e3e47a230ca8a2fcd27a88474dd5.pdf 2a8c3c9c38524bb536e02064e611961f Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Professional Issues Description An account of the resource A cohort of NAM members became engaged with the professional registration body, standing as elected councillors on the Architects Registration Council and its various committees. Hitherto entirely dominated by the RIBA bloc, the Council began to yield to a new dynamic through NAM's involvement, enabling fresh perspectives on such issues as mandatory fee scales, greater lay representation on the body, ethically-based standards of professional conduct, etc. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Open letter and case re flawed representation of Unattached Architects Project 'Clean Up' Subject The topic of the resource Open letter and case re flawed representation of Unattached Architects Project 'Clean Up' 9pp. Description An account of the resource Dear A R C U K Please find enclosed a copy of the draft report CLEAN—UP which was passed to a solicitor on 10th March 1980 for advice as to whether the circumstances of ARCUK t s constitution, which it describes, provided sufficient grounds for obtaining a court injunction to prevent the Council proceeding as currently represented. You will note that in the submission to the lawyer a considerable amount of support ing reference material was appended to our own report. This material, all of which is publicly available, is omitted from this content but should in any case be familiar. The solicitor t s comments are expected soon. To help progress this matter to a point where, taking also the legal advice into consideration, we can make a decision whether to proceed or not , would you please assist as follows Send comments on the enclosed draft to Bob Maltz, 14, Holmdale Road, London, IT.W. 6 e Indicate the extent to which you would be willing to share in costs. (Initial legal advice will cost approx. C50 i.e. about Z5 each among ten, or so. The solicitor recommended seeking Legal Aid for any eventual court action, as this would probably get expensive. This could turn out to be the deciding factor. To get the best chance of Aid it is recommended that the applicant is the most impecunious among us, and with the greatest possible number of dependents, etc. Any volunteers ? Seek out cases of any registered persons who consider themselves 'unattached' (i.e. not a member of any of the bodies in Schedule I i — vi, 1931 Act) but who did not receive election papers etc. at the last t unattached' election. This excercige is most important, the lawyer advises. Very great weight is given to actual cases of aggrieved (disenfranchised) persons. It is strongly recommended that 19th March, 1980. such cases are first collected together to form a dossier, rather than raised individually with e the ARCUK Registrar thereby merely eroding our argument. Indicate whether, assuming all comments on the draft can be assimilated, you are willing to have your name on the report. Many thanks , Yours frat ernally, Distributiom Norman . Arnold Davi at-Burney Ian Cooper Peter Cutmore Anne Delaney Peter Howe Alan Lipman Bob Malt z John Murray Marion Roberts David Roebuck Ian Eddie Walker A REPORT BY ELECTED COUNCILLORS OF THE ARCHITECTS REGISTRATION COUNCIL (AR C.U.K.) �DETRIMENT SUFFERED BY 'UNATTACHED' ARCHITECTS AS A RESULT OF THE IMPROPER CONSTITUTION OF A.R.C.U.K. 1.01 It was clearly the intention of The Architects Registration Act 1931 to provide equal rights of representation to all those persons who, though registered, choose not to become members of those bodies referred to in Schedule I, (vi), and that such persons should enjoy equal benefits and likewise be equally subject to the Council t s disciplinary powers as provided ina respect of all registered persons. 1.02 To the extent that correct representation of registered persons under Schedule I, 1 (vii) is currently not acheived, both the spirit and the letter of the Act are being thwarted. To be denied their due representation in the Council t s affairs in itself constitutes a fundamental grievance of this category of registered persons. 2.01 The primary functions of A.R.C.U.K. as enshrined in the Architects Registration Act 1931 are the establishment of a Register of Architects (1, (3)), the admissiom of names thereto (1, (3)), and the removal of names therefrom & b) & '11). The recognition and holding of examinations suitable to qualify successful candidates for admission to the Register is made the explicit duty of The Board of Architectural Education to recommend to the Council, (5, (2a & b)). In this way, -through their representatiom on Council, 'unattached' architects were intended to participate in the determination of entrance qualifications. 2.02 However, by its undue dominance of the Council, the R. I , B.A. has removed the exercise of this duty out of A,R.C.U.K. into its own system of Visiting Boards, im which B'.A.Ee representation (invariably by R.I. B.A. members) is merely a token gesture. (see A.R.C.U.K. Annual Reports 1974/5 (101/2), 1975/6 (49), 1976/7 (71), 1977/8 (62), 1978/9 (60/ 61) . N.B. the latter Report in which the B.A. E. is actually referred to as n a wide ranging assemblage of educationalists . called together /2 at considerable public expense for a mere formality. t') The t unattached t architects have thus been denied their due part in, establishing the quality of those eligible to enter the Register. 3.01 In the matter of removals from the Register, the Discipline Committee is appointed (1931 Act, 7 (2)) to examine cases where a registered person may have been guilty of conduct disgraceful to him in his capacity as an architect The criteria employed in considering such cases are as embodied in the A.R.C.U.K. Code of Professional Conduct, 3.02 However, the disproportionate representatiom of the R.I . B.A. on Council has enabled the Institute to extend the application of its own association rules beyond its own membership to all registered persons. This illegitimate extension of R. I . B.A. control is clearly evident in the content of the A.R.C.U.K. Code, which is substantially identical to that of the R.I.B.A., and indeed is published with the R.I. B. A. Notes appended. 3.03 In this way t unattached t architects may be disciplined to the detriment of their livelyhood for breaches of a code not freely determined in their own Council, but emanating from a private associatiom to which they do not belong. 4.01 Equally, this illegitimate protection of the R. I e B.A. Code by the identical A.R.C.U. K. Code curtails the freedom- of non—R.I. B.A. architects to practice in ways which the Registration Acts do not prohibit. 4.02 Thus 'unattached' architects are, for example, obliged by Rules 1.1 and 3.2 of the t A.R.C.U.K. Code' to apply the 'recognised t Conditions of Engagement of bodies listed in Schedule 1, 1 (i) ( e ). (A.R.C.U.K. Code of Professional Conduct. p. 5, footnote.) 4.03 These Conditions of Engagement (in fact those promulgated by the R. I . B.A.) require that an architect C s fees are charged in accordance with a fixed Scale of Charges, thereby denying 'unattached! architects their proper freedom under the Acts to enhance their livelyhood by quoting fees in competition with other architects. The degree to which A.R.C.U.K. is thus improperly controlled by the R.I. B.A. is evident in the Council's continued defence of the Conditions of Engagement in defiance of the / 3 Monopolies & Mergers Commission's conclusions and recommendations (accepted by the present and previous Governments) that such fixed Scales of Charges be abandoned in the public interest. (See "Architects' Services — A Report on the Supply of Architects' Services with Reference to Scale Fees", The Monopolies & Mergers Commission, H.M.S 8th Nov. 1977, parase 285 & 286.) 5.01 Likewise an 'unattached t architeces freedom to carry on his practice in the form of a limited liability company which is not proscribed by the Registration Acts is nevertheless denied by Rule 2.4 of the (R.I.B.A. surrogate) AeR.CeU.Ke Code of Professional Conduct. In this way the R.I. B.A. has improperly used the . K. t Code to protect its own members from what 'unattached' architects may consider to be more advantageous forms of practice. 6.01 Another constraint in the manner of practice that the R. I . B.A. is at liberty to impose on its own members, but which is extended to all registered persons by means of its improper inclusion in the Code, is the proæåption of' advertising. (Rule 3.6) In this case, moreover, while through A.H. C. U e Ke the Re I . B.A. prohibits t soliciting ' by registered persons, it simultaneously engages in vigorous advertising on behalf of its own members. Here again the improper constitution of A.R.C.U.K. has prevented 'unattached t architects in their enjoyment of equal rights in pursuing their means of livelyhood. 7.01 Lastly, and again by virtue of illegitimate R.I. B.A. representation and dominance in Council, the equal opportunities in obtaining employment that are envisaged in the Act's single level of registered persons — i.e. equal qualification conferred by entry to the Register) — are prejudiced by the the widespread imposition of R.I. B.A. membership as a pre—requisite for job applications. Although AOR .1J . K, has frequent Iy been advised of this practice it remains negligent in informing employers of its injustice. (Rel e B.A. membership entails no higher qualification. 8.01 In sum, through the improper constitution of A.R.C.U.K., 'unattached t architects are seen to suffer loss and detriment in the equal treatment and right to livelyhood to which under The Architects Registration Acts they are entitled. �ARCUK Council elections 1980/81 Evidence of disenfranchisement of "unattached" archi tects . In response to a questionnaire to the profession published in the ARCHITECTS JOURNAL of 30 January 1980, 21% of a sample of 150 "unattached" architects claimed not to have received nomination papers for the 1980/81 Council elections. If representative this indicates a massive disenfranchisement of ' 'unattached" architects and a loss of at least 2 seats on council if these 21% are excluded from the ARCUK list of t 'unattached". The loss to the "unattached" would be made worse if these 21% were attributed by ARCUK to one of the 6 nominating bodies thereby increasing their representation on Council at the expense of the "unattached" Of the 21%, 22 respondents ( 14%) gave their name and address so that the elected councillors were able to check their statements against ARCUK records . The results of this check are as follows: A. Registered architects considering themselves 'l unattached" but listed as a member of one or more of the 6 nominating bodies. Dundee 2 Darting ton Tot nes Devon TQ9 6HE The RIBA has informed ARCUK that these architects are their members. ARCUK accept this despite at least one written request to ARCUK (from David Heath) to be listed as unattached. David Heath is not and never has been, amember of the R IBA. L. Tek Ong, Roger Thompson and Martin Goodwin resigned from the RIBA in 1978. Sworn statements to this effect can be obtained. B. Registered architects not attributed to any of the nominating bodies and yet not included on the list of ' 'unattached" , and therefore not sent nomination papers. I. P . Lowendon 31348 Dept. of Architecture and Civic Design Civic Offices Guildhall Portsmouth POI 2AT . B. 1. Patel Dept. of Architecture and Civic Design Civic Offices Giuldhall Portsmouth POI 2AT . M . G. Watts Directorate of Architecture Telford Development Corporation Priors lee Hall Telford Salop TF2 9NT 3 C. Registered architect listed as "unattached" but not included in mailing of nomination papers. 1 . D.W .01den 35906 28 Bell Place Edinburgh EH3 5HT Of the remaining 10 names 3 entered the Register after the date for sending out nomination papers, 6 were sent papers to old addresses; one was not a registered architect. The Onus is on the arch i tect to inform the Registrar of any change of address and failure to do this may account for those sent to old addresses. No explanation was given by the Registrar for groups A,B,&C above . This short investigation was only possible because a sample of names was available and the elected councillors were prepared to devote their time to checking them. It is alarming that this should reveal 12 architects wrongly disenfranched and the fear is that there are many more as yet undisclosed. There is at present no intention within ARCUK to carry out a thorough scrutiny nor to allow an independent scrutiny ofmembership status . Creator An entity primarily responsible for making the resource JA Source A related resource from which the described resource is derived JA Date A point or period of time associated with an event in the lifecycle of the resource 19.3.80