6. Section 8 of the principal enactment is hereby amended as follows :-
| (1) by the substitution in subsection (4) of that section, for the words "The Council shall not" of the words "Subject to the provisions of subsection (4A) the Council shall not" ; |
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| (2) by the insertion immediately after subsection (4) on that section, of the following subsection :-
| | (4A)
| | | (a) Where an allegation of professional misconduct is made against a member or an Architect or an Architectural Licentiate, who is not a member, the Council may appoint an Investigating Committee to inquire into, and report to the Council, whether a prima facie case of professional misconduct has been made out against such member, Architect or Architectural Licentiate as the case may be. |
| (b) Where an Investigating Committee appointed under paragraph (a) has reported to the Council that a prime facie case has not been made out against such member, Architect or Architectural Licentiate, as the case may be, the Council shall not proceed further with the complaint. |
| (c) Where an Investigating Committee appointed under paragraph (a) reports to the Council that a prime facie case of misconduct has been made against such member, Architect, or Architectural Licentiate, as the case may be and that-
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| (3) by the insertion, immediately after subsection (5) of that section, of the following subsection :-
| | " (5A) Where a report prepared by a Disciplinary Committee appointed by the Council relates to an Architect or Architectural Licentiate who is not a member of the Institute, the Council shall cause such report to be forwarded to the Architects Registration Board." ; and | | |
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| (4) by the repeal of subsection (6) of that section and the substitution of the following subsection therefor :-
| | " (6)
| | | (a) The member or Architect or Architectural Licentiate in respect of whom a Disciplinary Committee or Investigating Committee has made such a report may appeal against such report or the decision of the Council or of the Architects Registration Board, consequent upon such report, to the Court of Appeal. |
| (b) Every such petition shall be in writing bearing a stamp of ten rupees, setting out the matters of law relied upon and naming the Institution or the Architects Registration Board, as respondent thereto, shall be lodged with the Registrar of the Court of appeal within twenty one days of the communication of the decision of the Council or the Architects Registration Board, as the case may be, and shall be heard and determined by the Court of Appeal, after such inquiry as it may deem necessary.". |
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Sri Lanka Consolidated Acts