1.1.1 General Provisions of the Act Flashcards Preview

1.111 The Architectural Profession Act 44 Of 2000 > 1.1.1 General Provisions of the Act > Flashcards

Flashcards in 1.1.1 General Provisions of the Act Deck (18):
1

What is the purpose of "The ACT" (1)

A
To generate a Juristic person known as the South African Council for the Architectural Profession

2

What does "CBE" stand for (1)

A
Council for the Built Environment

3

What is the purpose of SACAP (3)

A
Provide for the registration of professionals
B
Provide for the registration of Candidates
C
Provide for the regulation of the relationship between SACAP and the CBE

4

Describe the composition of the Council (8)

A
11 members in total
B
Seven registered persons, excluding candidates.
C
4 must actively practice
D
Must be nominated by the voluntary associations
E
Must represent the categories as per section 18
F
Two professions in the service of the state
G
Two members of the public selected by a process of
participation.
H
A maximum of a third of the

5

Describe the Nomination procedure when replacing members. (9)

A
When looking for Professional or Gov. Professional invite in a window of at least 60 days.
B
When need member of public, send invitation in public
gazette.
C
After expiry date make recommendation to minister
within 30 days.
D
Minister must within 60 days from nominations of
outgoing council nominate new council.
E
If insufficient response then Minister could after
consultation with council appoint the required
members.
F
The minister must after appointment of council state in
the gazette.
G
Name of every member
H
Date at which the appointment takes effect
I
The period of the effective appointment.

6

Term of office of members of council (6)

A
The term is 4 years
B
Terminates only once the new council is duly constituted
C
Member cannot serve more than 2 consecutive terms
D
Minister can extend term for 6 months
E
Can extend the period of office twice
F
Minister can after communication terminate a member or the entire council

7

Describe the scenarios where members of the Council will be disqualified from serving. (11)

A
Person may not be appointed if
not ZA citizen
B
Unrehabilitated Insolvent
C
Been imprisoned with no option of fine
D
Subject of an offence in another country
E
Been removed form office of trust
F
Been found guilty of a disciplinary tribunal.
G
A member must vacate office if
becomes disqualified in terms of subsection 1
H
Resign post written communication to registrar
I
Unsound mind by high court
J
Absent without leave for more than 2 meetings
K
Minister must appoint a replacement within 60 days of
the vacancy


8

Describe the election of the President and Vice President of SACAP (5)

A
Must elect P and VP at first meeting
B
Must be registered and actively practicing
C
VP must act as P if P cannot and have all powers of P
D
If P and VP not at council meeting, then elect someone to reside
E
Elected person may use all powers of P and VP until they return

9

Describe the process of appointment of the SACAP Registrar (4)

A
Council must appoint registrar
B
Appoint such staff members as it deems necessary
C
Enter into a performance agreement
D
Perform core functions and any additional items as required by council.

10

The nature of decisions of the Council (3)

A
Decision of the majority at a council sitting constitutes a decision
B
If votes are equal, then the presiding member has casting vote.
C
If decision has been made or act authorized, then it stands even if one member has been
disqualified and have not vacated office.

11

Describe the basic administrative Powers of the Council. (5)

A
Determine the remuneration and allowances plaid to members
B
Arrange for the payment of pension to members and registrar and dependents
C
Determine where is the head office
D
Determine where, procedure quorum and manner and minutes of meetings
E
Print and circulate any publication relating to
the Architectural Profession

12

Describe the powers of SACAP regarding registration. (6)

A
Consider and decide on any application for registration
B
Prescribe the period of validity of registration of registered person
C
Keep a register of registered persons
D
The form of register and the certificates
E
The maintenance of the register
F
Review of the register and the manner of alterations that can be affected on it.

13

Describe the powers regarding fees and charges (9)

Determine:
A
Application fees
B
Registration fees
C
Annual fees or portion thereof for part of year
D
Date of payment of fees and charges
E
Examination fees
F
Charge payable in respect of education fund
G
Fees payable in respect of 14c
H
Fees payable for an appeal as per 24 .1
I
Any fees it considered necessary

14

Powers with Regards to Education

A
Subject to Education act 1997 conduct accreditation visits to schools who teach architecture
B
Either conditionally or unconditionally grant accreditation
C
Consult with the Higher Education Council on
matters related to education
D
Consult with South African Qualifications Authority or any of its voluntary associations
to establish competency standards
E
Establish mechanisms for registered persons
to gain recognition of qualifications in other
countries
F Liaise with the Relevant National Standards
Body as establishes under the South African Qualifications Authority Act to establish a
standards gathering body
G
Recognize or withdraw the recognition of any exam contemplated under section 19
H
Enter into agreement with any person or body inside our outside SA in terms of
recognition of any qualifications or examination
I
Give advice to or render assistance to any educational institution regarding education
facilities for the training of registered or prospectively registered person
J
Conduct any examination for the purposes of section 19
K
Conduct after consultation with VA and RP the nature and extent of continuing education
and training.

15

General Powers of the Council (10)

A.
Council may may let or sell or otherwise dispose of Immovable property for the effective performance of its functions
B.
Decide on how contracts will be entered into on behalf of the council
C.
Perform any service within it's competence if requested by any person or by the state
D
Decide the requirements by which an association must comply to qualify for recognition
E
Encourage and itself undertake research relating to the architectural profession
F
Take any steps necessary for the for the protection of the public in dealings with registered persons
G
Take steps for the improvement of the service of registered persons
H
Make registered persons aware of the importance of protecting the environment against unsound architectural practices.
I
Take steps when public health and safety are prejudiced
J
Take any measures necessary for the achievement of the act.

16

Describe matters regarding funds of Council and Keeping auditing of Accounts. (13)

A
Funds of the council consist of any money received in terms of the act including fines and penalties
B
The council may collect and invest funds raise money by means of a loan lend money for the promotion of architecture or mortgage any of its immovable property
C
Council may pay its members and committee members from its funds
D
Councill may finance any publication referred to in 10e
E
Establish and administer an education fund
F
Must keep full and correct account account of all monies
G
Council to annually prepare statement of income and expenditure and balance sheet at end of the year
H
Must have accounts Audited by registered auditor
I
Statement of the Audit to be available for scrutiny at the office of the council
J
Council must within 6 months of the close of each financial year submit the audited balance sheet and statement to the Minister
K
The minister can grand additional funds he deems adequate for the council to execute its functions
Determine the repayment of the funds.
L
The council must determine it's financial year
M
Council must apply due care when investing or incurring expense.

17

Report to the CBE. (3)

A
Council must within 6 months after close of financial year provide CBE with Report
B
A copy of the Report and the Register referred to in section 11c must be ready for inspection at offices of council
C
Council must on request from the CBE provide the CBE with info on a registered person

18

Committees of Council (4)

A
The council may form any committee it deems necessary to perform its function
B
If the council does not designate a chairperson the committee may elect one at the first meeting
C
The council may at any time dissolve or reconstitute a committee
D
Section 9 may with the necessary changes apply in respect of a committee