CHAPTER 442- ZAMBIA INSTITUTE OF ARCHITECTS ACT: SUBSIDIARY LEGISLATION

INDEX TO SUBSIDIARY LEGISLATION

Zambia Institute of Architects (Commencement) Order, 1996

Zambia Institute of Architects (Code of Professional Ethics and Conduct and Conditions of Engagement) Regulations, 1999

ZAMBIA INSTITUTE OF ARCHITECTS (COMMENCEMENT) ORDER, 1996

[Section 1]

Arrangement of Paragraphs

Paragraph

   1.   Title

   2.   Commencement

SI 64 of 1996.

 

1.   Title

This Order may be cited as the Zambia Institute of Architects (Commencement) Order, 1996.

 

2.   Commencement

The Zambia Institute of Architects Act, 1995, shall come into operation on the 15th April, 1996.

ZAMBIA INSTITUTE OF ARCHITECTS (CODE OF PROFESSIONAL ETHICS AND CONDUCT AND CONDITIONS OF ENGAGEMENT) REGULATIONS, 1999

[Section 38]

Arrangements of Regulations

Regulation

   1.   Title

   2.   Interpretation

   3.   Code

   4.   Conditions of engagement of architect

      FIRST SCHEDULE

      SECOND SCHEDULE

SI 106 of 1999.

 

1.   Title

These Regulations may be cited as the Zambia Institute of Architects (Code of Professional Ethics and Conduct and Conditions of Engagement) Regulations, 1999.

 

2.   Interpretation

In these Regulations, unless the context otherwise requires–

“Code” means the Code of Professional Ethics and Conduct.

 

3.   Code

Every architect registered under the Act shall be bound by the Code, as set out in the First Schedule to these Regulations.

 

4.   Conditions of engagement of architect

Every architect registered under the Act shall be bound by the Conditions of Engagement of an Architect, as set out in the Second Schedule to these Regulations.

FIRST SCHEDULE

[Regulations 3]

CODE OF PROFESSIONAL ETHICS AND CONDUCT

PART I
PROFESSIONAL CONDUCT

1.   An Architect shall faithfully and diligently carry out the duties undertaken according to the terms of the contract of engagement and have–

      (a)   proper regard for the interests of any person who commissions the architect; and

      (b)   a third party duty of care for any person expected to use or enjoy the product of the architect’s work.

2. An architect shall rely only on ability and achievement as the basis for advancement and shall not attempt to supplant another architect nor injure falsely or maliciously, directly or indirectly, the professional reputation, prospects or business of another architect.

3. An architect shall inform a client in advance of the Conditions of Engagement of an Architect and the Scale of Professional Fees, as set out in the Second Schedule, and agree with the client that those Conditions shall apply to the architect’s appointment and shall not accept any other payment or consideration for the duties entrusted to that architect.

4. An architect shall act in an impartial manner in all cases in which the architect is acting between parties and shall, with entire fairness, interpret the conditions of a contract between those parties.

PART II
UNPROFESSIONAL CONDUCT

5.   The following shall constitute unprofessional conduct on the part of an architect, inter alia:

      (a)   breaching the principles of the Code and bringing the profession into disrepute;

      (b)   engaging, directly or indirectly, in any of the building trades (except as owner or part owner of a building to be erected) Or engaging in or being connected with any occupation or business which is contrary to the provisions of this Schedule; and

      (c)   carrying on or acting as principal, partner, manager or employee in a company trading in materials used in, or whose activities are otherwise connected with, the building industry or the financing or erection of buildings:

Provided that–

      (i)   an architect may be a Director of any company including a registered building society, other than the above excepted trades or business; and

      (ii)   a non-practising architect may be employed as a full time technical advisor in a company manufacturing building materials;

      (d)   maintaining or having an office for the purpose of carrying on the business or profession of an architect unless that office is at all times, under the direct and personal supervision of at least one registered architect;

      (e)   accepting any work which involves the giving or receiving a discount or commission, or accepting any discount, gift or commission from contractors or tradesmen whether employed on the contractor’s works or not;

      (f)   accepting remuneration in connection with the works and duties entrusted the architect other than in accordance with the Scale of Professional Fees, as set out in the Second Schedule;

      (g)   issuing any drawings, specifications, certificates of final accounts or similar work performed by the architect or by some person in the employ of the architect, unless the same bears the architect’s name, address and the architect’s seal of Registration issued by the Zambia Institute of Architects;

      (h)   signing, as an architect, any documents of which the architect is not the bonafideauthor;

      (i)   sharing or agreeing to share fees, or agreeing to enter into partnership or associate-ship regarding architectural work, with an unregistered person;

      (j)   entering into, changing or dissolving any form of partnership or associate- ship without informing the Council;

      (k)   taking part in an architectural competition without the permission of the Council, unless the conditions thereof contain the clause “These Conditions have been submitted to and approved by the Council of the Zambia Institute of Architects”;

      (l)   attempting to influence unfairly or dishonourably, whether directly or indirectly, the award in an architectural competition;

      (m)   acting as an architect or joint architect for a work which is or has been the subject of an architectural competition in which the architect or a partner of the architect has been or is engaged as an assessor;

      (n)   acting as a consulting architect whilst engaged as an assessor, unless the architect is appointed consulting architect before the inception of an architectural competition; or acting in any other professional capacity in any matter connected with the work which is the subject of an architectural competition:

Provided that the architect may act as arbitrator in any dispute between the promoters and the selected architect:

      (o)   acting as an architect where that architect is officially approached by the promoters of an architectural competition for advice, as to the holding of an architectural competition with a view to the architect acting as an assessor, and eventually it is decided not to hold the architectural competition but to appoint another architect to carry out the work;

      (p)   knowingly undertaking a commission while fees are outstanding or any claim for compensation or damages is owing to an architect previously employed and whose employment has been terminated, unless security for the payment of fees outstanding and for due satisfaction of any award or judgement which may be made or given in favour of the architect previously employed has been given;

      (q)   knowingly charging other than for work carried out or charging other than within the terms of the scale of Professional Fees, as provided in these Regulations;

      (r)   receiving any payment from a contractor whatever may be consideration therefore, unless the acceptance of the fees from a contractor is in return for professional services rendered to the contractor as a client;

      (s)   obtaining or attempting to obtain architectural work–

      (i)   by offering or paying monetary or other consideration or inducement to any person; or

      (ii)   by any other improper means;

      (t)   touting for, or in any way soliciting for, professional work;

      (u)   preparing or issuing any building plans of a scheme for which the architect is not professionally engaged;

      (v)   attempting to supplant or discredit another architect with a view of unfairly influencing a commission;

      (w)   advertising or offering professional services by means of circulars or otherwise, or arranging or inspiring reports, interviews, or articles or notices of any description or making paid announcements in the press referring to the architect professionally in a manner calculated to attract clients or obtain professional work, except that–

      (i)   on change of address one notice may be inserted in the professional press, or any technical journal approved the Council, and correspondents may be notified once by post;

      (ii)   an architect may allow signed illustrations and descriptions of the architect’s work to be published in the press, but the architect shall not;

      (a)   give monetary consideration for such insertions; or

      (b)   allow the illustrations and descriptions to be used by the publishers for extorting advertisements from contributors;

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