(1) Subject to section forty, a person who is not a registered architect shall not, after the expiration of three months from the appointed day—
(a) perform the work of an architect for gain; or
(b) practise or carry on business under any name, style or title which contains the word “architect”; or
(c) use, by way of advertisement, description, document, drawing or other means, any name, title, addition, description, letters, motto, emblem, symbol, badge, seal or other insignia which indicates or is calculated to lead persons to assume that he is a registered architect; or
(d) pretend to be or by any means whatsoever hold himself out to be a registered architect:
Provided that this subsection shall not preclude the use of the designation “golf course architect”, “landscape architect”, “naval architect” or any similar designation prescribed by the Council.
(2) A registered architect shall not knowingly employ or engage in any capacity whatsoever any person who was registered and—
(a) whose registration has been cancelled and who has not been restored to the Register; or
(b) who has been suspended from practice in terms of this Act, during the period of suspension; save with the prior written consent of the Council, which consent may be given for such period and subject to such conditions as the Council may determine.
(3) Any person who contravenes the provisions of subsection (1) or (2) shall be guilty of an offence and liable to a fine not exceeding level eight or to imprisonment for a period not exceeding one year or to both such fine and such imprisonment.
[Subsection amended by section 4 of At 22 of 2001]
(4) A conviction for an offence in terms of subsection (3) shall not be a bar to a further prosecution or prosecutions for continuance of the offence.
(5) For the purposes of paragraph (a) of subsection (1), a person shall be deemed to be performing the work of an architect for gain if, and only if, he or a partnership of which he is a member or an employee of his or of the partnership—
(a) performs the work of an architect for or in expectation of a fee, gain or reward, direct or indirect, to himself or to any other person; or
(b) holds himself out as prepared in expectation of a fee, gain or reward, direct or indirect, to himself or to any other person to perform the work of an architect.
(6) In subsection (5)—
“employee”, in relation to a company, includes a director.