Property Services (Regulation) Act 2011

Type Act

Publication 2011-12-20

Last updated 2025-06-11

State In force

Source Irish Statute Book

articles 101

(a) have the licence or a duplicate of the licence in his or her possession when providing to any person the property service authorised by the licence, and

(b) upon the request of such person, immediately produce the licence or a duplicate of the licence and permit such person to inspect it.

(2) Where a licensee has a place of business as a licensee, the licensee shall—

(a) cause the licence to be—

(i) kept, and conspicuously displayed, in the licensee’s principal place of business as a licensee, and

(ii) upon the request of an inspector or any person for whom the licensee is providing the property service authorised by the licence, made available for inspection by the inspector or such person, as the case may be,

and

(b) cause a duplicate of the licence to be—

(i) kept, and conspicuously displayed, in every other place of business of the licensee as a licensee,

(3) Where an inspector is of the opinion that an individual is providing a property service, the inspector may require the individual to immediately produce the licence (if any) issued to the individual which authorises the provision of the service.

(4) An individual the subject of a requirement under subsection (3) who has a licence shall—

(a) comply with the requirement, and

(b) permit the inspector to inspect the licence.

(5) A licensee who is a property services employer or an independent contractor shall, whilst the licence is in force and at no other time, conspicuously display the licensee’s registration number—

(a) in any advertisement or sales brochure published by or on behalf of the licensee in respect of the provision of a property service authorised by the licence,

(b) in all business correspondence relating to the property service authorised by the licence, and

(c) on any sign erected by or on behalf of the licensee on or adjacent to land in respect of which the licensee is providing a property service authorised by the licence.

(6) A licensee shall, whilst the licence is in force and at no other time, when conducting a sale by auction authorised by the licence away from the licensee’s place of business conspicuously display the licence or a duplicate of the licence at the premises where the auction is being conducted.

(7) Without prejudice to the generality of subsection (6), where a licensee (in this subsection referred to as “the relevant licensee”) is conducting an auction in his or her capacity as a principal officer or employee of a licensee who is a property services employer, the relevant licensee shall also conspicuously display the licence, or a duplicate of the licence, held by him or her which entitles him or her to conduct the auction in that capacity.

38. Offence to use licence issued to another person.

38.— (1) A person shall not with intent to deceive—

(a) produce for inspection a licence issued to another person,

(b) permit the inspection of a licence issued to another person, or

(2) A person who contravenes subsection (1)is guilty of an offence and liable on summary conviction to a class A fine or imprisonment for a term not exceeding 12 months or both.

(3) Subject to subsection (4), where a licensee is convicted of an offence under subsection (2), the court may, after having regard to the nature of the offence and the circumstances in which it was committed, order that the licence held by the licensee be revoked and that the former licensee be prohibited (which may be a permanent prohibition, a prohibition for a specified period or a prohibition subject to specified conditions) from applying for any new licence or a particular class of new licence.

(4) An order under subsection (3) shall not take effect until—

(a) the ordinary time for bringing an appeal against the conviction concerned or the order has expired without any such appeal having been brought,

(b) any such appeal has been withdrawn or abandoned, or

(5) In this section, “licence” includes a duplicate of a licence.

39. Issue of replacement licence, etc.

39.— The Authority, if satisfied that a licence or a duplicate of the licence has been lost or destroyed, may issue a replacement licence or duplicate, as the case may be, on payment of the appropriate fee.

40. Surrender and seizure of licence following suspension or revocation, etc.

40.— (1) Where a licensee is adjudicated bankrupt, the adjudication shall operate immediately to suspend the licence of the licensee or, if the licensee holds 2 or more licences, all those licences until—

(a) the licence expires or all those licences expire, as the case may be, or

(b) the adjudication is annulled and an office copy of the order annulling the adjudication is served on the Authority,

whichever first occurs.

(2) Where—

(a) a licence is suspended or revoked, or

(b) a licensee ceases to provide the property service authorised by the licence,

the licensee shall forthwith surrender the licence (and every duplicate of the licence) to the Authority and the Authority shall cause the Register to be updated accordingly.

(3) An inspector may seize and retain a licence (and every duplicate of the licence)—

(a) which has been suspended or revoked or has expired, or

(b) where the licensee has ceased to provide the property service authorised by the licence.

(4) A person who, without reasonable excuse, contravenes subsection (2)is guilty of an offence and liable on summary conviction to a class A fine.

41. Notification of material matter to Authority.

41.— (1) A licensee shall give notice in writing to the Authority as soon as is practicable but, in any case, not later than 30 days after that matter comes to the knowledge of the licensee, of any material matter which would be likely to affect the validity of the licensee’s licence.

(2) A contravention of subsection (1) is not improper conduct if, in the case of a licensee who has been convicted of an offence, or against whom proceedings for an offence are pending, in a place other than the State, the offence does not correspond with any offence under the law of the State.

(3)Subsections (1) and (2) shall apply to an applicant for a licence as if the applicant were a licensee in respect of the property service or property services, as the case requires, for which the applicant is seeking a licence or licences.

(4) In this section—

“change in the principal officers”, in relation to a body corporate or a partnership, means a person becoming or ceasing to be, by whatever means, a principal officer of the body corporate or the partnership, as the case may be;

“material matter”, in relation to a licensee or an applicant for a licence, includes—

(a) the imposition of conditions on any registration or licence or other authorisation, the revocation, suspension, withdrawal or removal of any registration or licence or other authorisation, or the refusal to grant registration or a licence or other authorisation, by any regulatory body in or outside the State in respect of any capacity or former capacity of the applicant or licensee, as the case may be, as a provider of—

(i) property services in or outside the State,

(ii) services relevant to the provision of such property services,

(b) any conviction for an offence (whether imposed in or outside the State)other than an offence prescribed for the purposes of this paragraph by regulations made undersection 95,

(d) in the case of a licensee or an applicant which or who is a body corporate or a partner in a partnership, any change in the principal officers of the body corporate or partnership, as the case may be.

42. Provision of information by Garda Síochána.

42.— (1) The Authority may request the Commissioner of the Garda Síochána to provide any information requisite for the due performance of its functions in relation to any applicant for a licence or any licensee.

F2[(2) The Commissioner of the Garda Síochána shall, notwithstanding anything contained in any other enactment or rule of law, but subject to the Data Protection Regulation and the Data Protection Act 2018, comply with a request undersubsection (1).]

PART 4 General Obligations of Licensees

43. Letter of engagement.

43.— (1) A licensee shall, not later than 7 working days after the day on which the licensee starts to provide a property service to a person, or has reached an agreement with the person to provide a property service to him or her, whichever is the earlier, provide to that person, in respect of such property service, a letter of engagement (including a copy thereof) in the specified form—

(a) containing such information as is required to be contained in it by virtue of Schedule 2, and

(b) signed by the licensee.

(2) Where—

(a) a licensee has provided a person with a letter of engagement and a copy thereof in compliance with subsection (1), and

(b) the licensee is not provided with such copy, signed by the person, within the 7 working days immediately following the expiration of the 7 working days concerned referred to in subsection (1),

the licensee shall cease to provide, or shall not start to provide, as the case may be, to that person the property service the subject of the letter and that letter shall thereupon cease to have any force and effect.

(3) Where a property services agreement has been entered into by a licensee but subsequently the licensee and the other party thereto have agreed to make an amendment to the agreement (including any agreement as previously amended under this subsection), the licensee shall, not later than 7 working days after the amendment has been so agreed, provide to that party such amendment (including a copy thereof) in the specified form—

(a) containing such information as is required to be contained in the amendment by virtue of Schedule 2in so far as that Schedule relates to the subject matter of the amendment, and

(b) signed by the licensee.

(4) Subsection (2) and the definition of “property services agreement” in section 2(1) shall, with all necessary modifications, apply to—

(a) an amendment to a property services agreement,

(b) the renewal of a property services agreement, or

(c) the re-engagement of the licensee concerned following the expiration or other termination of a property services agreement,

as they apply to a letter of engagement.

44. Retention of records.

44.— Where a licensee who is a property services employer or an independent contractor provides a property service (including, in the case of a property services employer, the provision of such service by a principal officer or employee of the property services employer), the licensee shall retain a record in the specified form of the provision of such service for a period of not less than 6 years after the completion of the transactions, acts or operations to which the record relates.

45. Professional indemnity insurance.

45.— (1) A licensee who is—

(a) an independent contractor, or

(b) both a property services employer and an individual,

shall not provide a property service unless there is in force, at the time of the provision of such service, a policy of professional indemnity insurance which adequately covers the licensee in the provision of such service.

(2) Without prejudice to the generality of section 4, a licensee who is a property services employer shall not authorise or permit a licensee who is a principal officer or employee of the employer to provide a property service in his or her capacity as such principal officer or employee, as the case may be, unless there is in force, at the time of the provision of such service, a policy of professional indemnity insurance which adequately covers the principal officer or employee, as the case may be, in the provision of such service.

(3) The Authority may from time to time issue guidelines with respect to the practical operation of subsection (1) or (2).

46. Keeping and preservation of client accounts and records.

46.— (1) Subject to subsection (2) and section 48(4), the Authority shall make regulations providing for all or any of the following matters:

(a) the class or classes of licensee to whom the regulations apply;

(b) the kind or kinds of accounts at banks which may be opened and kept by a licensee for the keeping of client moneys in connection with the provision of property services;

(d) the rights, duties and responsibilities of a licensee in respect of moneys received, held, controlled or paid in connection with the provision of property services, including the lodgment to and withdrawal from a client account of client moneys;

(e) the acknowledgements or statements to be issued by a licensee in respect of client moneys received, held, controlled or paid by the licensee in connection with the provision of property services;

(f) the circumstances in which moneys other than client moneys may be paid into accounts containing client moneys and the circumstances in which, and the persons for whom, moneys held in such accounts may be paid out;

(g) the accounting records to be maintained by a licensee arising from the provision of property services by the licensee, including the minimum period or periods for which accounting records shall be retained by a licensee during the period of, and following the conclusion of, the provision of property services and the manner in which the lodgement into client accounts of any client moneys received by the licensee shall be recorded in the accounting records;

(h) the accounting records to be maintained by a licensee containing particulars of and information as to moneys received, held, controlled or paid by the licensee in connection with the provision of property services, for or on behalf of a client or any other person or himself or herself;

(i) client entitlements, including the treatment or retention of interest, income or profit arising from any client moneys in such cases as may be specified in the regulations;

(j) the circumstances in which a licensee may be required to make good moneys to a client account including the payment of interest or an equivalent sum;

(k) the circumstances and manner in which a licensee (or a duly qualified accountant on behalf of the licensee) verifies compliance with the regulations, including the frequency of doing so;

(l) the examination by an auditor or a duly qualified accountant, at intervals prescribed by the regulations, of accounting records maintained by a licensee under regulations made under paragraphs (g) and (h);

(m) the enforcement by the Authority of compliance with the regulations;

(n) the imposition of fees on a licensee in cases of non-compliance where the Authority has to conduct further enquiries (being fees not exceeding the cost of conducting such enquiries);

(o) the examination, by or on behalf of the Authority, of the financial circumstances of a licensee in so far as such circumstances could affect the licensee’s capacity to provide property services.

(2) The Authority shall, in making regulations under this section, have regard to the need to protect client moneys.

47. Offences relating to client accounts and accounting records.

47.— (1) Subject to subsection (2), a licensee who knowingly lodges client moneys (or who knowingly causes client moneys to be lodged) to an account other than a client account is guilty of an offence.

(2) Subsection (1) shall not apply to a licensee who lodges client moneys (or who causes client moneys to be lodged) to an account (in this subsection referred to as the “relevant account”) other than a client account where—

(a) the relevant account is an account into which charges levied under section 18 of the Multi-Unit Developments Act 2011 are paid for the purposes of a scheme referred to in that section, or

(b) the relevant account is an account into which contributions fixed under section 19 of the Multi-Unit Developments Act 2011 are paid for the purposes of a sinking fund referred to in that section.

(3) A licensee who knowingly makes (or causes so to be made) a false or misleading entry or record in accounting records is guilty of an offence.

(4) A person guilty of an offence under subsection (1) or (3) shall be liable—

(a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months or both, or

(b) on conviction on indictment, to a fine not exceeding €50,000 or imprisonment for a term not exceeding 5 years or both.

(5) Subject to subsection (6), where a licensee is convicted summarily of an offence under subsection (1) or (3), the court may, after having regard to the nature of the offence and the circumstances in which it was committed, order that the licence held by the licensee be revoked and that the former licensee be prohibited (which may be a permanent prohibition, a prohibition for a specified period or a prohibition subject to specified conditions) from applying for any new licence or a particular class of new licence.

(6) An order under subsection (5) shall not take effect until—

(a) the ordinary time for bringing an appeal against the conviction concerned or the order has expired without any such appeal having been brought,

(b) any such appeal has been withdrawn or abandoned, or

(7) Subject to subsection (8), where a licensee is convicted on indictment of an offence under subsection (1) or (3), the court shall order that all the licences held by the licensee be revoked and that the former licensee be permanently prohibited from applying for any licence.

(8) An order under subsection (7) shall not take effect until—

(a) the ordinary time for bringing an appeal against the conviction concerned has expired without any such appeal having been brought,

(b) any such appeal has been withdrawn or abandoned, or

48. Control of banking accounts or assets of licensees.

48.— (1) Where—

(a) the Authority refuses to renew a licence,

(b) a licence is suspended or revoked under this Act, or

the Authority may, with a view to protecting client accounts, apply to the High Court in a summary manner, and the High Court may make an order directing one or more of the following:

(i) that no bank shall, without leave of the High Court, make any payment out of an account in the name of the licensee or former licensee concerned in his or her capacity or former capacity, as the case may be, as a licensee;

(ii) that a specified bank shall not, without leave of the High Court, make any payment out of an account kept at such bank by the licensee or former licensee in such capacity or former capacity, as the case may be;

(iii) that the licensee or former licensee shall not, without leave of the High Court, dispose of or direct or facilitate the disposal of any assets within his or her possession or control or within his or her procurement;

(iv) that the licensee or former licensee shall not, without leave of the High Court, reduce his or her assets below a specified amount or value.

(2) The High Court shall have power to hear an application for an order under subsection (1)otherwise than in public.

(3) Where the High Court makes in relation to a licensee or former licensee an order under subsection (1), the Court may make one or more of the following further orders:

(a) directing a specified bank to furnish any information in its possession that the Authority requires relating to any aspect of the financial affairs of the licensee or former licensee in his or her capacity or former capacity, as the case may be, as a licensee;

(b) subject to subsection (7), directing the licensee or former licensee to swear an affidavit disclosing all information relating to or contained in any account with any bank held in his or her own name, or in the name of his or her business or former business as a licensee, or jointly with third parties, within a specified duration of time to be fixed by the Court;

(c) subject to subsection (7), directing the licensee or former licensee to swear an affidavit disclosing all information relating to his or her assets, either then in his or her possession or control or within his or her procurement or which had been but are no longer in his or her possession or control or within his or her procurement, within a specified duration of time to be fixed by the Court, and, if no longer in his or her possession or control or within his or her procurement, his or her belief as to the present whereabouts of those assets;

(d) subject to subsection (7),directing the licensee or former licensee to make himself or herself available before the Court on a specified date and at a specified time for oral examination under oath in relation to the contents of any affidavit of assets sworn by him or her pursuant to paragraph (c).

(4) Where the High Court makes in relation to a licensee or former licensee an order under subsection (1), the licensee or former licensee shall forthwith lodge (or cause to be lodged) any moneys subsequently received by him or her to the appropriate client account or client accounts, unless otherwise ordered by the Court.

(5) Where the High Court is satisfied, on an application being made to it by the Authority, that there is reason to believe that any person holds or has held assets on behalf of a licensee or former licensee or on behalf of his or her business or former business as a licensee to whom subsection (1) applies, the Court may order that person to disclose to the Authority all information as to such assets, either then in his or her possession or control or within his or her procurement or which had been but are no longer in his or her possession or control or within his or her procurement, and, if no longer within his or her possession or control or within his or her procurement, his or her belief as to the present whereabouts of those assets.

(6) A person who, without reasonable excuse, acts in such a manner as to render nugatory all or part of an order made under subsection (1), or contravenes subsection (4), is guilty of an offence and liable—

(a) on summary conviction, to a class A fine, or

(b) on conviction on indictment, to a fine not exceeding €50,000.

(7) Where a licensee or former licensee is a body corporate, the affidavit referred to in paragraph (b)or (c) of subsection (3) may be sworn by a principal officer of the body corporate, on behalf of the body corporate, and the High Court’s power to give a direction under that paragraph, or under paragraph (d) of that subsection, shall be construed accordingly.

49. Priority of claims to client moneys.

49.— (1) Where a licensee keeps a client account, no person (including a person specified in subsection (2) for the purposes of this subsection) shall have or obtain any recourse or right against moneys standing to the credit of that account in respect of a claim or right against the licensee until all proper claims of the licensee’s clients against those moneys have been fully satisfied.

(2) Persons specified for the purposes of subsection (1) are—

(a) a creditor of the licensee,

(b) a liquidator, receiver, administrator, examiner or Official Assignee of the licensee, and

50. Preservation of lien and other rights.

50.— Nothing in this Act shall operate to deprive a licensee of any recourse or right (whether by way of lien, set-off, counter-claim, charge or otherwise) that the licensee has against moneys standing to the credit of a client account kept by the licensee.

51. Provisions regarding banks.

51.— (1) A bank shall not, in connection with any transaction on an account of a licensee kept with the bank or with another bank—

(a) incur a liability,

(b) be under an obligation to make inquiry, or

which the bank would not incur, be under, or be deemed to have, as the case may be, in the case of an account kept by a person entitled absolutely to the moneys paid into or credited to the account.

(2) Nothing in subsection (1)shall relieve a bank from any liability or obligation which it would be under apart from this Act.

(3) Notwithstanding subsection (1), a bank which keeps an account of a licensee for moneys of clients shall not, in respect of a liability of the licensee to the bank, not being a liability in connection with that account, have or obtain any recourse or right (whether by way of lien, set-off, counter-claim, charge or otherwise) against moneys standing to the credit of that account.

(4) Nothing in subsection (3) shall deprive a bank of a right existing at the commencement of this section in respect of moneys previously deposited with the bank.

52. Vesting in Official Assignee of sums to credit of certain client accounts.

52.— (1) Where a licensee is adjudicated bankrupt or where, being an arranging debtor, the licensee vests the licensee’s estate in the Official Assignee for realisation and distribution amongst the licensee’s creditors, then, notwithstanding anything contained in section 49 or in any other enactment, there shall vest in the Official Assignee the sum to the credit of every client account kept by the licensee.

(2) Where a licensee files a petition for arrangement but does not vest the licensee’s estate in the Official Assignee, the creditors who are clients of the licensee, or a portion of those creditors (being at least three-fifths in number) may apply in a summary manner to a judge of the High Court for the time being exercising jurisdiction in bankruptcy matters for an order vesting in the Official Assignee the sum to the credit of every client account kept by the licensee, and the Court may, if it thinks it proper to do so and the Official Assignee consents, make such an order, which shall have effect accordingly.

(3) Upon a vesting under subsection (1) or (2) of a client account in the Official Assignee, the Official Assignee shall proceed to administer the client account for the benefit of the clients and the law of bankruptcy (including this Act) shall apply to such administration.

(4) The administration under subsection (3) of a client account by the Official Assignee shall for all purposes be deemed to be business assigned to the Office of the Official Assignee in Bankruptcy and transacted therein.

(5) Upon a vesting under subsection (1) or (2) of a client account in the Official Assignee, and notwithstanding that an order under section 48(1) may have been made in respect of the account, a bank—

(a) shall be entitled to pay over to the Official Assignee the sum to the credit of the account, and

(b) shall pay over that sum to the Official Assignee upon demand by the Official Assignee.

53. Provisions relating to client accounts in event of bankruptcy.

53.— (1) Where—

(a) either—

(i) a licensee who is an individual is adjudicated bankrupt, files a petition for arrangement, executes a deed of arrangement (within the meaning of section 4 of the Deeds of Arrangement Act 1887) or dies insolvent, or

(ii) a licensee which is a company is insolvent and being wound up,

and

(b) the sum to the credit of the client account kept by the licensee at a bank in accordance with regulations made under section 46 or, where 2 or more such accounts are kept by the licensee, the total of the sums to the credit of the accounts, is less than the total of the sums received by the licensee in the course of the licensee’s business on behalf of the licensee’s clients and remaining due by the licensee to the clients,

then, notwithstanding any statutory provision or rule of law to the contrary, the sum to the credit of the client account or, where the licensee has kept 2 or more client accounts, the total of the sums to the credit of those accounts, shall be divisible proportionately amongst the clients of the licensee according to the respective sums received by the licensee in the course of the licensee’s business on behalf of the licensee’s clients and remaining due by the licensee to the clients.

(2) Subject to subsection (3), for the purposes of this section, where a refund of a deposit is due from a licensee, the amount due shall be deemed to have been received by the licensee in the course of the licensee’s business on behalf of the person who made the deposit.

(3) Subsection (2) shall not operate to deprive a person referred to in that subsection of any right to require a contract of sale or letting to be duly completed.

54. Power of Authority to deal with documents.

54.— (1) Where—

(a) either—

(i) the Authority refuses to renew a licence, or

(ii) a licence is revoked or suspended under this Act,

and

(b) the Authority is of the opinion that adequate arrangements have not been made for the return to clients of the licensee or former licensee to whom such refusal, suspension or revocation, as the case may be, relates of any documents within the possession or in the control, or within the procurement, of the licensee or former licensee, as the case may be,

the Authority may, by notice in writing given to the licensee or former licensee, as the case may be, require the licensee or former licensee, as the case may be, or any other person in possession or control of such documents, to produce the documents, to a person appointed by the Authority for the purpose, at a time and place specified by the Authority in the notice.

(2) Where a person the subject of a requirement under subsection (1)does not comply or fully comply with that requirement, the Authority may apply in a summary manner to the Circuit Court, on notice to that person, for an order requiring the person to comply or comply fully, as the case may be, with the requirement within a period to be specified by the Court and the Court may make the order applied for or such other order as it thinks fit.

(3) Where the Authority takes possession of documents produced under this section—

(a) it shall serve on the person by whom the documents were produced, a notice giving particulars of the documents and the date of taking possession thereof, and

(b) it may make such enquiries as may be reasonably necessary to ascertain the person or persons entitled to the possession or custody of such documents, or any of them, and may thereafter deal with such documents, or any of them, in accordance with the directions of such person or persons so entitled.

(4) Within 14 days from the service of a notice under subsection (3) on a person, the person may apply in a summary manner to the Circuit Court for an order directing the Authority to return the documents taken by the Authority to him or her or to such other person or persons as the applicant may require and the Court may make the order applied for or such other order as it thinks fit.

(5) An application under subsection (2) to the Circuit Court shall be made to a judge of that Court for the circuit in which the person the subject of the application resides or ordinarily carries on any profession, business or occupation.

PART 6 Sale or Letting of Land

55. Vendor to be given statement of advised market value, etc.

55.— (1) A licensee shall, within 7 working days of being requested by the vendor of land to value the land for sale, or within such longer period as may be agreed between the licensee and the vendor, provide the vendor with a statement in the specified form of the advised market value of the land.

(2) A licensee shall, within 7 working days of being requested by the lessor of land to value the land for letting, or within such longer period as may be agreed between the licensee and the lessor, provide the lessor with a statement in the specified form of the advised letting value of the land.

56. Estimate of selling price not to be less than advised market value, etc.

56.— (1) Subject to subsection (2), a licensee shall not state as the licensee’s estimate of the selling price of land, whether orally or in writing—

(a) in any advertisement in respect of the land,

(b) in the particulars or conditions of sale of the land,

(d) at the time of the auction of the land,

a price that is less than the advised market value of the land provided by the licensee to the vendor under section 55 or, where such advised market value is expressed as a relevant price range, a price that is less than the lower limit of that range.

(2) The advised market value of land provided by a licensee to a vendor under section 55 may be adjusted, with the consent in writing of the vendor, to take account of prevailing market conditions.

57. Evidence of reasonableness of advised market value.

57.— (1) The Authority may, in the course of an investigation, by notice in writing require a licensee to provide to it, on or before a date specified in the notice, evidence of the reasonableness and means of calculation of any advised market value of land stated by the licensee—

(a) to the vendor of the land,

(b) in any advertisement in respect of the land,

(d) to a prospective purchaser of the land, or

(e) at the time of the auction of the land.

(2) A person, other than a licensee, who—

(a) withholds, destroys, conceals or refuses to provide any information, record or other document required by the Authority under subsection (1), or

(b) otherwise obstructs or hinders the Authority in the performance of its functions under this section,

is guilty of an offence and liable on summary conviction to a class A fine or imprisonment for a term not exceeding 12 months or both.

58. Sale by auction.

58.— (1) Subject to subsection (2), where land is offered for sale by auction, the vendor shall not—

(a) bid at the auction, or

(b) procure, authorise or permit any person to bid on the vendor’s behalf.

(2) Subsection (1) shall not apply where land is offered for sale by auction in compliance with—

(a) a court order under the Family Law Act 1995, or

(b) a court order under the Family Law (Divorce) Act 1996.

(3) A licensee shall not knowingly accept a bid made in contravention of subsection (1).

(4) Where there is a contravention of subsection (1) in respect of any land offered for sale by auction, the purchaser of the land may, notwithstanding any statutory provision or rule of law to the contrary, refuse to complete a contract of sale in respect of the land without thereby incurring any civil liability which may otherwise have been incurred in consequence of such a refusal.

(5) Subsection (4) shall not operate to deprive the purchaser referred to in that subsection of any legal remedy which, if that subsection had not been enacted, the purchaser would have had in relation to the contravention of subsection (1) concerned or, if applicable, any contravention of subsection (3) which relates to that first-mentioned contravention.

(6) A person who contravenes subsection (1) is guilty of an offence and liable on summary conviction to a class A fine or imprisonment for a term not exceeding 12 months or both.

59. Disclosure requirements applicable to vendor and licensee in relation to sale of residential property.

59.— (1) Subject to subsection (2), a licensee shall not provide information, advice or assistance, whether by means of a brochure, advertisement (in whatever media) or otherwise, to a purchaser of residential property in respect of the possible availability of a loan from a lender in respect of the purchase of the property unless—

(a) the vendor of the property has advised the licensee, in writing, whether or not the lender has provided or indicated the lender’s willingness to provide a loan (whether in whole or in part) for the development or construction (whether in whole or in part) of the property, and

(b) the licensee informs the purchaser of whether or not the lender has provided or indicated the lender’s willingness to provide a loan (whether in whole or in part) for the development or construction (whether in whole or in part) of the property (which may be done, in the case of a brochure or advertisement, by including the information concerned in the brochure or advertisement, as the case may be).

(2) Subsection (1) shall not apply in any case where the vendor of the residential property concerned is, in his or her capacity as such vendor—

(a) an individual acting outside his or her business, or

(b) a person, or a person who falls within a class of persons, prescribed under section 96 for the purposes of this paragraph.

(3) In this section “lender” includes a holding company and a subsidiary (within the meaning of section 155 of the Companies Act 1963) of the lender.

60. Prohibition on provision of financial services, etc.

60.— (1) A licensee shall not provide a financial service to a purchaser of land where the licensee provides a property service to the vendor of the land unless—

(a) the licensee has, before the sale concerned, by notice in the specified form informed the vendor of the licensee’s intention to provide a financial service to the purchaser and the vendor has, before that sale, stated in writing that he or she has no objection to the licensee so providing a financial service, and

(b) the licensee has, before that sale, by notice in the specified form informed the purchaser that the licensee is providing a property service to the vendor and the purchaser has, before that sale, stated in writing that he or she has no objection to the licensee so providing a property service at the same time that the licensee may provide a financial service to the purchaser.

(2) Nothing in this Act shall be construed to—

(a) affect the operation of any provision of the Consumer Credit Act 1995, any other statutory provision or any rule of law, in its application to a person who is a licensee, or

(b) relieve a person who is a licensee of any obligations the person may have under any such provision or any rule of law.

61. Retention of records where sale of land other than by auction.

61.— Without prejudice to the generality of regulations made under section 46, where land is offered for sale, other than by auction, by a licensee who is a property services employer or an independent contractor (including, in the case of a property services employer, the provision of such offer by a principal officer or employee of the property services employer) the licensee shall retain a record in the specified form for a period of not less than 6 years, of all offers received by the licensee, including conditional acceptances, in respect of the sale.

62. Regulations under Part 6 .

62.— (1) Subject to subsection (2), the Authority may, with the consent of the relevant Minister and following consultation with such other person or body as the Authority thinks fit or as the relevant Minister directs, make regulations in respect of any of the following:

(a) the content of advertisements for the sale or letting of land;

(b) booking deposits for the purchase of land (not being deposits made pursuant to a contract to purchase the land), booking deposits for the letting of land, the form and content of receipts for booking deposits and conditions relating to refunds of booking deposits;

(d) the terms for the sale of land by auction or tender;

(e) the standards for the measurement of land offered for sale or letting; and

(f) the costs of, or other matters relating to, surveys of land for sale.

(2) The Authority shall, in making regulations under this section, have regard to protecting the interests of clients and other users and potential users of property services in respect of the matter referred to in subsection (1) which is the subject of the regulations.

(3) Regulations made under this section shall be expressed to apply to—

(a) licensees or classes of licensees, or

(b) persons other than licensees or classes of such persons.

(4) A person who contravenes a provision of regulations made under this section which are expressed to apply to persons other than licensees or classes of such persons is guilty of an offence and liable—

(a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months or both, or

(b) on conviction on indictment, to a fine not exceeding €50,000 or imprisonment for a term not exceeding 3 years or both.

(5) In this section, “relevant Minister” means that Minister or those Ministers of the Government on whom functions stand conferred, or who has general responsibility, in respect of or connected to the matter in question.

PART 7 Complaints, Investigations and Sanctions

63. Complaints against licensees.

63.— (1) A person may make a complaint in writing to the Authority alleging that improper conduct by a licensee has occurred or is occurring.

(2) Where the Authority receives a complaint, it shall cause an investigation of the matter, the subject of the complaint, to be carried out unless—

(a) it is satisfied that the complaint is not made in good faith,

(b) it is satisfied that the complaint is frivolous or vexatious or without substance or foundation, or

(c) subject to subsection (6), following the making of such inquiries as the Authority thinks fit, it is satisfied that the complaint is likely to be resolved by mediation or other informal means between the parties concerned.

(3) Where the Authority decides that a complaint falls within subsection (2)(a), (b) or (c), it shall give notice in writing to the complainant and the licensee to whom the complaint relates of the decision and the reasons for the decision.

(4) Where a complaint is withdrawn by a complainant before the investigation report which relates to the complaint has been submitted to the Authority pursuant to section 68(2), the Authority may proceed as if the complaint had not been withdrawn if it is satisfied that there is good and sufficient reason for so doing.

(5) Where, pursuant to subsection (4), the Authority proceeds as if a complaint had not been withdrawn, the investigation concerned shall thereupon be treated as an investigation initiated by the Authority, and the other provisions of this Act shall be construed accordingly.

(6) Where a complaint is not resolved by mediation or other informal means referred to in subsection (2) (c), the complainant may, at his or her discretion, make a fresh complaint in respect of the matter the subject of the first-mentioned complaint.

64. Circumstances in which application may be made to High Court for immediate suspension of licence, etc.

64.— (1) Without prejudice to subsection (4), where the Authority considers that the immediate suspension of the licence of a licensee (whether or not the licensee is the subject of a complaint) is necessary to protect the clients of the licensee, or the users or potential users of the property services provided by the licensee, until steps or further steps are taken under this Part, the Authority may, on notice to the licensee, make an application in a summary manner to the High Court for an order to suspend the licence.

(2) The High Court may determine an application under subsection (1) by—

(a) making any order that it considers appropriate, including an order suspending the licence of the licensee the subject of the application for such period, or until the occurrence of such event, as is specified in the order, and

(b) giving to the Authority any other direction that the High Court considers appropriate.

(3) The Authority shall, on complying with a direction of the High Court under subsection (2)(b), give notice in writing to the licensee concerned of the Authority’s compliance with the direction.

(4) (a) Where the Authority considers that the immediate suspension of the licence of a licensee (and whether or not the licensee is the subject of a complaint) is necessary because of the immediate risk of financial harm to clients of the licensee, or the users or potential users of the property services provided by the licensee, the Authority may make an applicationin a summary mannerex parte to the High Court for an interim order to suspend the licence.

(b) The application for such an order shall be grounded on an affidavit sworn on behalf of the Authority.

(5) (a) The High Court may make an interim order to suspend a licence on an application under subsection (4) where, having regard to the circumstances of the case, the Court considers it necessary to do so for the protection of—

(i) the clients of the licensee, or

(ii) the users or potential users of the property services provided by the licensee.

(b) If an interim order is made, a copy of the order and the affidavit referred to in subsection (4)(b)shall be served on the licensee as soon as is practicable.

(c) The interim order shall have effect for a period, not exceeding 8 working days, to be specified in the order, and shall cease to have effect on the determination by the High Court of an application under subsection (1) for an order to suspend the licence.

(6) (a) An interim order under subsection (5) shall take effect on notification of its making being given to the licensee.

(b) Oral communication to the licensee by or on behalf of the Authority of the fact that an interim order has been made, together with production of a copy of the order, shall, without prejudice to any other form of notification under this Act, be taken to be sufficient notification to the licensee of the making of the order.

(7) An application under subsection (4) shall be heard otherwise than in public unless the High Court considers it appropriate to hear the application in public.

(8) Section 72(3), (4) and (5) shall, with all necessary modifications, apply to a licence suspended under subsection (2) or (5) as it applies to a licence suspended pursuant to a decision confirmed or given under section 70(3) or 71(2).

65. Investigations.

65.— (1) Subject to section 63(2) and (4), the Authority—

(a) shall, following the receipt of a complaint, or may of its own volition, cause such investigation as it thinks fit to be carried out to identify any improper conduct, and

(b) for the purposes of the investigation, shall appoint an inspector, subject to such terms as it thinks fit—

(i) to carry out the investigation, and

(ii) to submit to it an investigation report following the completion of the investigation.

(2) The Authority may appoint more than one inspector to carry out an investigation but, in any such case, the investigation report concerned shall be prepared jointly by the inspectors so appointed and the other provisions of this Act (including the definition of “investigation report” in section 2(1) and section 68) shall, with all necessary modifications, be construed accordingly.

(3) The terms of appointment of an inspector may define the scope of the investigation to be carried out by the inspector, whether as respects the matters or the period to which it is to extend or otherwise, and in particular may limit the investigation to matters connected with particular circumstances.

(4) Where the Authority has appointed an inspector to carry out an investigation, the inspector shall, as soon as is practicable after being so appointed—

(a) if the investigation arises in consequence of the receipt of a complaint by the Authority—

(i) give notice in writing to the licensee to whom the complaint relates of the receipt of the complaint and setting out particulars of the complaint,

(ii) give the licensee—

(I) copies of any documents relevant to the investigation, and

(II) copies of this Part and Part 8,

and

(iii) without prejudice to the generality of section 66, afford to the licensee an opportunity to respond within 30 days from the date on which the licensee received the notice referred to in subparagraph (i), or such further period not exceeding 30 days as the inspector allows, to the complaint,

(b) if the investigation arises on the volition of the Authority—

(i) give notice in writing to the licensee concerned of the matters to which the investigation relates, and

(ii) give the licensee—

(I) copies of any documents relevant to the investigation, and

(II) copies of this Part and Part 8,

and

(iii) without prejudice to the generality of section 66, afford the licensee an opportunity to respond within 30 days from the date on which the licensee received the notice referred to in subparagraph (i), or such further period not exceeding 30 days as the inspector allows, to the matter to which the investigation relates.

(5) Where an investigation arises in consequence of the receipt of a complaint by the Authority, the inspector appointed to carry out the investigation—

(a) shall, as soon as is practicable, give the complainant a copy of the notice referred to in subsection (4)(a)(i) given to the licensee to whom the complaint relates, and

(b) shall make reasonable efforts to ensure that the complainant is kept informed of progress on the investigation.

(6) Where the Authority receives a complaint in respect of a licensee in his or her capacity as a principal officer or an employee of a licensee who is a property services employer, then nothing in this Act shall be construed to preclude the Authority, where it thinks it proper to do so, from treating the complaint as also being made in respect of the property services employer and, in any such case, the investigation concerned may relate to more than one licensee and the provisions of this Act (including this section) shall, with all necessary modifications, be construed accordingly.

(7) Where the Authority receives a complaint in respect of a licensee who is a property services employer and is satisfied that the matter, the subject of the complaint, may relate to the provision of a property service by another licensee in his or her capacity as a principal officer or an employee of that property services employer, then nothing in this Act shall be construed to preclude the Authority, where it thinks it proper to do so, from treating the complaint as also being made in respect of that principal officer or employee, as the case may be, and, in any such case, the investigation concerned may relate to more than one licensee and the provisions of this Act (including this section) shall, with all necessary modifications, be construed accordingly.

(8) Subsections (6) and (7) shall not be construed to limit the generality of the Authority’s power under subsection (1) to cause an investigation to be carried out of its own volition and, accordingly, any such investigation may relate to more than one licensee and the provisions of this Act (including this section) shall, with all necessary modifications, be construed accordingly.

66. Powers of entry and inspection, etc., of inspectors for purposes of investigation.

66.— (1) For the purposes of an investigation in relation to a licensee, an inspector may—

(a) subject to subsections (13)and (14), at all reasonable times enter, inspect, examine and search any premises at, or vehicles in or by means of, which any activity in connection with the provision of a property service by the licensee, or in connection with the organisation or assistance of persons engaged in such provision, is carried on,

(b) subject to subsections (13)and (14), enter, inspect, examine and search any dwelling occupied by the licensee or a director, manager or any member of staff of an undertaking that carries on an activity referred to in paragraph (a), being a dwelling as respects which there are reasonable grounds to believe records relating to the carrying on of that activity are being kept in it,

(c) without prejudice to any other power conferred by this subsection, require any person found in or on any premises, vehicle or dwelling referred to in any of the preceding paragraphs or any person in charge of or in control of such premises, vehicle or dwelling or directing any activity therein or thereto referred to in paragraph (a) to produce any records, books or accounts (whether kept in manual form or otherwise) or other documents which it is necessary for the inspector to see for the purposes of the investigation (and the inspector may inspect, examine and copy any such records, books or accounts or other documents so produced or require a foregoing person to provide a copy of them or of any entries in them to the inspector),

(d) require any person referred to in paragraph (c) to afford such facilities and assistance within the person’s control or responsibilities as are reasonably necessary to enable the inspector to exercise any of the powers conferred on the inspector under paragraph (a), (b)or(c),

(e) require any person by or on whose behalf data equipment is or has been used in connection with an activity referred to in paragraph (a), or any person having charge of, or otherwise concerned with the operation of, such data equipment or any associated apparatus or material, to afford the inspector all reasonable assistance in respect of its use,

(f) require the licensee, the licensee’s principal officer, the licensee’s employee or the licensee’s agent to give such authority in writing addressed to such bank or banks as the inspector requires for the purpose of enabling the inspection of any account or accounts opened, or caused to be opened, by the licensee at such bank or banks (or any documents relating thereto) and to obtain from such bank or banks copies of such documents relating to such account or accounts for such period or periods as the inspector deems necessary to fulfil that purpose, and

(g) be accompanied by a member of the Garda Síochána if there is reasonable cause to apprehend any serious obstruction in the performance of any of the inspector’s functions under this subsection.

(2) A requirement under subsection (1)(c), (d), (e)or(f) shall specify a period within which, or a date and time on which, the person the subject of the requirement is to comply with it.

(3) For the purposes of an investigation, an inspector—

(a) may require a person who, in the inspector’s opinion—

(i) possesses information that is relevant to the investigation, or

(ii) has any records, books or accounts (whether kept in manual form or otherwise) or other documents within that person’s possession or control or within that person’s procurement that are relevant to the investigation,

to provide that information or those records, books, accounts or other documents, as the case may be, to the inspector, and

(b) where the inspector thinks fit, may require that person to attend before the inspector for the purpose of so providing that information or those records, books, accounts or other documents, as the case may be,

and the person shall comply with the requirement.

(4) A requirement under subsection (3) shall specify—

(a) a period within which, or a date and time on which, the person the subject of the requirement is to comply with the requirement, and

(b) as the inspector concerned thinks fit—

(i) the place at which the person shall attend to give the information concerned or to which the person shall deliver the records, books, accounts or other documents concerned, or

(ii) the place to which the person shall send the information or the records, books, accounts or other documents concerned.

(5) A person required to attend before an inspector under subsection (3)—

(a) is also required to answer fully and truthfully any question put to the person by the inspector, and

(b) if so required by the inspector, shall answer any such question under oath.

(6) Where it appears to an inspector that a person has failed to comply or fully comply with a requirement under subsection (1), (3) or (5), the inspector may, on notice to that person and with the consent of the Authority, apply in a summary manner to the Circuit Court for an order under subsection (7).

(7) Where satisfied after hearing the application about the person’s failure to comply or fully comply with the requirement in question, the Circuit Court may, subject to subsection (10), make an order requiring that person to comply or fully comply, as the case may be, with the requirement within a period specified by the Court.

(8) An application under subsection (6) to the Circuit Court shall be made to a judge of that Court for the circuit in which the person the subject of the application resides or ordinarily carries on any profession, business or occupation.

(9) The administration of an oath referred to in subsection (5) (b) by an inspector is hereby authorised.

(10) A person the subject of a requirement under subsection (1), (3) or (5) shall be entitled to the same immunities and privileges in respect of compliance with such requirement as if the person were a witness before the High Court.

(11) Any statement or admission made by a person pursuant to a requirement under subsection (1), (3) or (5) is not admissible against that person in criminal proceedings other than criminal proceedings for an offence under subsection (17), and this shall be explained to the person in ordinary language by the inspector concerned.

(12) Nothing in this section shall be taken to compel the production by any person of any records, books or accounts (whether kept in manual form or otherwise) or other documents which he or she would be exempt from producing in proceedings in a court on the ground of legal professional privilege.

(13) An inspector shall not, other than with the consent of the occupier, enter a private dwelling without a warrant issued under subsection (14)authorising the entry.

(14) A judge of the District Court, if satisfied on the sworn information of an inspector that—

(a) (i) there are reasonable grounds for suspecting that any information is, or records, books or accounts (whether kept in manual form or otherwise) or other documents required by an inspector under this section are, held on any premises or any part of any premises, and

(ii) an inspector, in the performance of functions under subsection (1), has been prevented from entering the premises or any part thereof,

(b) it is necessary that the inspector enter a private dwelling and exercise therein any of his or her powers under this section,

may issue a warrant authorising the inspector, accompanied if necessary by other persons, at any time or times within 30 days from the date of issue of the warrant and on production if so requested of the warrant, to enter, if need be by reasonable force, the premises or part of the premises concerned and perform all or any such functions.

(15) For the purposes of an investigation, an inspector may, if he or she thinks it proper to do so, of his or her own volition or at the request of the licensee to whom the investigation relates, conduct an oral hearing.

(16) Part 1 of Schedule 3 shall have effect for the purposes of an oral hearing referred to in subsection (15).

(17) Subject to subsection (12), a person who—

(a) withholds, destroys, conceals or refuses to provide any information or records, books or accounts (whether kept in manual form or otherwise) or other documents required for the purposes of an investigation,

(b) fails or refuses to comply with any requirement of an inspector under this section, or

is guilty of an offence and liable—

(i) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months or both, or

(ii) on conviction on indictment, to a fine not exceeding €50,000 or imprisonment for a term not exceeding 5 years or both.

(18) Subject to subsection (19), where a licensee is convicted summarily of an offence under subsection (17), the court may, after having regard to the nature of the offence and the circumstances in which it was committed, order that the licence held by the licensee be revoked and that the former licensee be prohibited (which may be a permanent prohibition, a prohibition for a specified period or a prohibition subject to specified conditions) from applying for any new licence or a particular class of new licence.

(19) An order under subsection (18) shall not take effect until—

(a) the ordinary time for bringing an appeal against the conviction concerned or the order has expired without any such appeal having been brought,

(b) such appeal has been withdrawn or abandoned, or

(20) Subject to subsection (21), where a licensee is convicted on indictment of an offence under subsection (17), the court shall order that all the licences held by the licensee be revoked and that the former licensee be permanently prohibited from applying for any new licence.

(21) An order under subsection (20) shall not take effect until—

(a) the ordinary time for bringing an appeal against the conviction concerned has expired without any such appeal having been brought,

(b) any such appeal has been withdrawn or abandoned, or

(22) In this section, “records, books or accounts” include copies of records, books or accounts.

67. Protection for persons reporting improper conduct, etc.

67.— (1) A person who, apart from this section, would be so liable shall not be liable in damages in respect of the communication to the Authority, whether in writing or otherwise, of his or her opinion that any improper conduct by a licensee may have occurred or may be occurring, or that a contravention of a provision of this Act or of regulations made under this Act by a person other than a licensee may have been or may be being committed, unless—

(a) in communicating his or her opinion to the Authority did so—

(i) knowing it to be false, misleading, frivolous or vexatious, or

(ii) reckless as to whether it was false, misleading, frivolous or vexatious,

(b) in connection with the communication of his or her opinion to the Authority, furnished information that he or she knew to be false or misleading.

(2) The reference in subsection (1) to liability in damages shall be construed as including a reference to liability to any other form of relief.

F3[(2A)Subsection (1)does not apply to a communication, or furnishing of information, that is a protected disclosure within the meaning of the Protected Disclosures Act 2014.]

(3) A person who makes a communication under subsection (1), which the person knows to be false, that any improper conduct by a licensee may have occurred or may be occurring, or that a contravention of a provision of this Act or of regulations made under this Act by a person other than a licensee may have been or may be being committed, is guilty of an offence.

F3[(3A)Subsection (3)does not apply to a communication that is a protected disclosure within the meaning of the Protected Disclosures Act 2014.]

(4) Subsection (1) is in addition to, and not in substitution for, any privilege or defence available in legal proceedings, by virtue of any statutory provision or rule of law in force immediately before the commencement of this section, in respect of the communication by a person to another (whether that other person is the Authority or not) of an opinion of the kind referred to in subsection (1).

(5) An employer shall not penalise or threaten penalisation against an employee, or cause or permit any other person to penalise or threaten penalisation against an employee, for—

(a) having formed an opinion of the kind referred to in subsection (1) and communicated it, whether in writing or otherwise, to the Authority unless the employee—

(i) in communicating his or her opinion to the Authority did so—

(I) knowing it to be false, misleading, frivolous or vexatious, or

(II) reckless as to whether it was false, misleading, frivolous or vexatious,

(ii) in connection with the communication of his or her opinion to the Authority, furnished information that he or she knew to be false or misleading,

(b) giving notice of his or her intention to do the thing referred to in paragraph (a).

F3[(5A)Subsection (5)does not apply to a communication, or furnishing of information, that is a protected disclosure within the meaning of the Protected Disclosures Act 2014.]

(6) Schedule 4 shall have effect for the purposes of subsection (5).

(7) An employer who contravenes subsection (5) is guilty of an offence.

(8) A person guilty of an offence under subsection (3) or (7) shall be liable—

(a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months or both, or

(b) on conviction on indictment, to a fine not exceeding €50,000 or imprisonment for a term not exceeding 3 years or both.

(9) Any person who, upon examination on oath authorised under paragraph 3(1) of Schedule 4, wilfully makes any statement which is material for the purpose and which the person knows to be false or does not believe to be true is guilty of an offence and liable on summary conviction to a class A fine or imprisonment for a term not exceeding 12 months or both.

(10) A person to whom a notice under paragraph 3(2) of Schedule 4 has been given and who refuses or wilfully neglects to attend in accordance with the notice or who, having so attended, refuses to give evidence or refuses or wilfully fails to produce any document to which the notice relates is guilty of an offence and liable on summary conviction to a class A fine.

(11) A document purporting to be signed by the chairperson or a deputy chairperson of the Labour Court stating that—

(a) a person named in the document was, by a notice under paragraph 3(2) of Schedule 4, required to attend before the Labour Court on a day and at a time and place specified in the document, to give evidence or produce a document, or both,

(b) a sitting of the Labour Court was held on that day and at that time and place, and

(c) the person did not attend before the Labour Court in pursuance of the notice or, as the case may be, having so attended, refused to give evidence or refused or wilfully failed to produce the document,

shall, in a prosecution of the person under subsection (10), be evidence of the matters so stated without further proof unless the contrary is shown.

(12) For the purposes of this section, a reference to “dismissal” includes—

(a) a dismissal within the meaning of the Unfair Dismissals Acts 1977 to 2007, and

(b) a dismissal wholly or partly for or connected with the purpose of the avoidance of a fixed-term contract being deemed to be a contract of indefinite duration under section 9(3) of the Protection of Employees (Fixed-Term Work) Act 2003.

(13) Paragraphs (a), (c), (d), (e) and (f) of the definition of “penalisation” in subsection (14) shall not be construed in a manner which prevents an employer from—

(a) ensuring that the business concerned is carried on in an efficient manner, or

(b) taking any action required for economic, technical or organisational reasons.

(14) In this section—

“contract of employment” means a contract of employment or of service or of apprenticeship, whether the contract is express or implied and, if express, whether it is oral or in writing;

“employee” means a person who has entered into or works under (or, where the employment has ceased, entered into or worked under) a contract of employment and references, in relation to an employer, to an employee shall be construed as references to an employee employed by that employer;

“employer”, in relation to an employee, means the person with whom the employee has entered into or for whom the employee works under (or, where the employment has ceased, entered into or worked under) a contract of employment, and includes—

(a) a person (other than an employee of that person) under whose control and direction an employee works, and

(b) where appropriate, the successor of the employer or an associated employer of the employer;

“penalisation” means any act or omission by an employer, or by a person acting on behalf of an employer, that affects an employee to his or her detriment with respect to any term or condition of his or her employment, and, without prejudice to the generality of the foregoing, includes—

(a) suspension, lay-off or dismissal,

(b) the threat of suspension, lay-off or dismissal,

(d) transfer of duties, change of location of place of work, reduction in wages or change in working hours,

(e) the imposition or the administering of any discipline, reprimand or other penalty (including a financial penalty),

(f) unfair treatment, including selection for redundancy,

(g) coercion, intimidation or harassment,

(h) discrimination, disadvantage or adverse treatment,

(i) injury, damage or loss, and

(j) threats of reprisal.

68. Actions to be taken by inspector and Authority upon completion of investigation.

68.— (1) Subject to subsection (3), where an inspector has completed an investigation, the inspector shall, as soon as is practicable after having considered, in so far as they are relevant to the investigation, any information or records, books or accounts (whether kept in manual form or otherwise) or other documents provided to the inspector pursuant to any requirement under section 66, any statement or admission made by any person pursuant to any requirement under that section, any submissions made and any evidence presented (whether at an oral hearing referred to in section 66(15) or otherwise)—

(a) prepare a draft of the investigation report, and

(b) give to the licensee to whom the investigation relates and, if the investigation arose in consequence of the receipt of a complaint, the complainant—

(i) a copy of the draft of the investigation report,

(ii) a copy of this section, and

(iii) a notice in writing stating that the licensee and the complainant (if any) may, not later than 30 days from the date on which the notice was respectively received by them, or such further period not exceeding 30 days as the inspector allows, each make submissions in writing to the inspector on the draft of the investigation report.

(2) Subject to subsection (3), an inspector who has complied with subsection (1) following the completion of an investigation shall, as soon as is practicable after—

(a) the expiration of the period referred to in subsection (1)(b)(iii), and

(b) having—

(i) considered the submissions (if any) referred to in subsection (1)(b)(iii) made before the expiration of that period on the draft of the investigation report concerned, and

(ii) made any revisions to the draft of the investigation report which, in the opinion of the inspector, are warranted following such consideration,

prepare the final form of the investigation report and submit it to the Authority with any such submissions annexed to the report.

(3) Where an inspector states, whether in a draft of the investigation report or in the final form of the investigation report, that he or she is satisfied that improper conduct by the licensee to whom the investigation relates has occurred or is occurring, the inspector shall not make any recommendation, or express any opinion, in the report as to the minor sanction or major sanction that he or she thinks ought to be imposed on the licensee in respect of such improper conduct in the event that the Authority is also satisfied that improper conduct by the licensee has occurred or is occurring.

(4) Subject to subsection (5), where the Authority has considered an investigation report (and any submissions annexed thereto) submitted to it pursuant to subsection (2), the Authority—

(a) if it is satisfied that improper conduct by the licensee to whom the investigation relates has occurred or is occurring, shall, subject to subsections (8) and (10) and section 69—

(i) impose a minor sanction on the licensee, or

(ii) impose a major sanction on the licensee,

as it thinks fit in the circumstances of the case,

(b) if it is not satisfied that improper conduct by the licensee to whom the investigation relates has occurred or is occurring but is of the opinion that a further investigation of the licensee is warranted, shall cause the further investigation to be carried out pursuant to its powers under section 65(1),

(c) if it is not satisfied that improper conduct by the licensee to whom the investigation relates has occurred or is occurring and is not of the opinion that a further investigation of the licensee is warranted, and the investigation arose from a complaint, shall dismiss the complaint.

(5) Where the Authority has considered an investigation report (and any submissions annexed thereto) submitted to it pursuant to subsection (2), the Authority may, if it considers it proper to do so for the purposes of assisting it to make a decision under subsection (4), or for the purposes of observing fair procedures, for those purposes—

(a) conduct an oral hearing, or

(b) give to the licensee to whom the investigation concerned relates and, if the investigation arose in consequence of the receipt of a complaint, the complainant—

(i) a copy of the investigation report, and

(ii) a notice in writing stating that the licensee and the complainant (if any) may, not later than 30 days from the date on which the notice was respectively received by them, or such further period not exceeding 30 days as the Authority allows, each make submissions in writing to the Authority on the investigation report.

(6) Part 2 of Schedule 3 shall have effect for the purposes of an oral hearing referred to in subsection (5)(a).

(7) The Authority shall, as soon as is practicable after making a decision under subsection (4), give notice in writing of the decision and the reasons for the decision to the licensee to whom the investigation concerned relates and, if subsection (4)(a) applies in the case of that licensee, set out in that notice—

(a) the minor sanction or major sanction imposed on the licensee for the improper conduct specified in the notice in respect of which the Authority is satisfied as referred to in that subsection, and

(b) the reasons for the imposition of such minor sanction or major sanction, as the case may be.

(8) Where subsection (4)(a) applies in the case of a licensee, the Authority shall, in deciding the minor sanction or major sanction to be imposed on the licensee, take into consideration the matters referred to in section 73.

(9) Where subsection (4) applies in the case of an investigation which arose from a complaint, the Authority shall give the complainant a copy of the notice under subsection (7) given or to be given to the licensee to whom the investigation relates at the same time as the notice is given to the licensee or as soon as is practicable thereafter.

(10) The Authority shall not under subsection (4)(a) impose a major sanction on a licensee if the only improper conduct by the licensee in respect of which the Authority is satisfied has occurred or is occurring is improper conduct which falls within paragraph (c) of the definition of “improper conduct” in section 2(1).

69. Confirmation of High Court required before decision under section 68(4)(a) to impose major sanction takes effect.

69.— Subject to section 64, a decision under section 68(4)(a) to impose a major sanction on a licensee shall not take effect unless the decision is confirmed by the High Court under section 70(3) or 71(2).

70. Appeal to High Court against decision to impose major sanction.

70.— (1) A licensee the subject of a decision under section 68(4)(a) by the Authority to impose a major sanction on the licensee may, not later than 30 days from the date the licensee received the notice under section 68(7) of the decision, appeal to the High Court against the decision.

(2) The High Court may, on the hearing of an appeal under subsection (1) by a licensee, consider any evidence adduced or argument made, whether or not adduced or made to an inspector or the Authority.

(3) Subject to subsection (4), the High Court may, on the hearing of an appeal under subsection (1) by a licensee—

(a) either—

(i) confirm the decision the subject of the appeal, or

(ii) cancel that decision and replace it with such other decision as the Court considers appropriate, which may be a decision—

(I) to do either or both of the following:

(A) impose a different major sanction on the licensee;

(B) impose a minor sanction on the licensee,

(II) to impose neither a major sanction nor a minor sanction on the licensee,

and

(b) whether paragraph (a)(i) or (ii) is applicable, make such order as to costs as it thinks fit in respect of the appeal.

(4) The High Court shall, for the purposes of subsection (3)(a)(i) or (ii)(I), take into consideration the matters referred to in section 73.

71. Application to High Court to confirm decision to impose major sanction.

71.— (1) Where a licensee does not, within the period allowed under section 70(1), appeal to the High Court against a decision under section 68(4)(a) by the Authority to impose a major sanction on the licensee, the Authority shall, as soon as is practicable after the expiration of that period and on notice to the licensee, make an application in a summary manner to the High Court for confirmation of the decision.

(2) The High Court shall, on the hearing of an application under subsection (1), confirm the decision under section 68(4) (a) the subject of the application unless the Court considers that there is good reason not to do so.

72. Provisions supplementary to sections 70 and 71.

72.— (1) The decision of the High Court on an appeal under section 70(1) or an application under section 71(1) is final except that the Authority or the licensee the subject of the decision may, by leave of the Court or the Supreme Court, appeal against the decision to the Supreme Court on a specified question of law.

(2) Where the High Court confirms or gives a decision under section 70(3) or 71(2), the Authority shall, as soon as is practicable after the decision is confirmed or given, as the case may be, give notice in writing of the decision to the licensee the subject of the decision and, if the decision provides for the imposition of a major sanction on the licensee which falls within paragraph (b) of the definition of “major sanction” in section 2(1), the notice shall specify the day on which the relevant period referred to in that paragraph is to commence, being a day not earlier than 7 days from the date on which the decision is confirmed or given, as the case may be.

(3) A licence which is suspended pursuant to a decision confirmed or given under section 70(3) or 71(2) by the High Court shall not be in force during the period of its suspension.

(4) A person whose licence has been revoked or suspended pursuant to a decision confirmed or given under section 70(3) or 71(2) by the High Court shall comply with any directions of the Authority given to the person in respect of the surrender or temporary surrender of the licence and any duplicates thereof.

(5) A person who, without reasonable excuse, contravenes a direction referred to in subsection (4) is guilty of an offence and liable on summary conviction to a class A fine or imprisonment for a term not exceeding 12 months or both.

(6) The Authority may recover, as a simple contract debt in any court of competent jurisdiction, from the person by whom it is payable any amount due and owing to the Authority or the Fund pursuant to a decision confirmed or given under section 70(3) or 71(2)by the High Court.

(7) All payments made to the Authority of any amount due to the Authority pursuant to a decision confirmed or given under section 70(3) or 71(2)by the High Court shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Public Expenditure and Reform may direct.

(8) Where an investigation arose from a complaint, the Authority shall give to the complainant a copy of a notice given or to be given under subsection (2) to a licensee at the same time as the notice is given to the licensee or as soon as is practicable thereafter.

73. Matters to be considered in determining sanctions to be imposed.

73.— The Authority or the High Court, as appropriate, in considering—

(a) the minor sanction or major sanction to be imposed on a licensee pursuant to section 68(4)(a),

(b) the minor sanction (if any) or major sanction (if any) to be imposed on a licensee pursuant to a decision confirmed or given under section 70(3) or 71(2),

shall take into account the circumstances of the improper conduct concerned (including the factors occasioning it) and, without prejudice to the generality of the foregoing, may have regard to—

(i) the need to ensure that any sanction imposed—

(I) is appropriate and proportionate to the improper conduct, and

(II) if applicable, will act as a sufficient incentive to ensure that any like improper conduct will not occur in the future,

(ii) the seriousness of the improper conduct,

(iii) the income of the licensee in the financial year ending in the year previous to the year in which the improper conduct last occurred and the ability of the licensee to pay an amount which falls within paragraph (c), (d), (e) or (f) of the definition of “major sanction” in section 2(1),

(iv) the extent of any failure by the licensee to co-operate with the investigation concerned of the licensee,

(v) any excuse or explanation by the licensee for the improper conduct or failure to co-operate with the investigation concerned,

(vi) any gain (financial or otherwise) made by the licensee or by any person in which the licensee has a financial interest as a consequence of the improper conduct,

(vii) the amount of any loss suffered or costs incurred as a result of the improper conduct,

(viii) the duration of the improper conduct,

(ix) the repeated occurrence of improper conduct by the licensee,

(x) if applicable, the continuation of the improper conduct after the licensee was notified of the investigation concerned,

(xi) in the case of a property services employer, the extent to which the employer knew, or ought to have known, that the improper conduct had occurred or was occurring,

(xii) if applicable, the absence, ineffectiveness or repeated failure of internal mechanisms or procedures of the licensee intended to prevent improper conduct from occurring,

(xiii) if applicable, the extent and timeliness of any steps taken to end the improper conduct and any steps taken for remedying the consequences of the improper conduct,

(xiv) whether a sanction in respect of like improper conduct has already been imposed on the licensee by a court, the Authority or another person, and

(xv) any precedents set by a court, the Authority or another person in respect of previous improper conduct.

PART 8 Appeals Against Certain Decisions of Authority

74. Property Services Appeal Board.

74.— (1) There stands established a body to be known as An Bord Achomhairc um Sheirbhísí Maoine or, in the English language, the Property Services Appeal Board, to hear and determine appeals against certain decisions of the Authority.

(2) The Appeal Board shall be independent in the performance of its functions.

(3) Schedule 5 shall have effect in respect of the Appeal Board.

(4) The Minister may prescribe by regulations the fee referred to in paragraph 14(1) of Schedule 5.

(5) A person who contravenes paragraph 9(1) or 10(1) of Schedule 5is guilty of an offence and liable on summary conviction to a class A fine.

(6) A person who refuses or fails, without reasonable excuse, to comply with a requirement under paragraph 23(1)(a) of Schedule 5is guilty of an offence and liable on summary conviction to a class A fine.

75. Appeal to High Court on question of law.

75.— (1) Within 3 months from the date on which an appeal is determined by the Appeal Board any party to the appeal may appeal to the High Court on any question of law arising from the determination.

(2) The High Court may—

(a) affirm the determination,

(b) set it aside,

(d) remit the matter to the Appeal Board for further consideration.

(3) An appeal may not be brought from a decision of the High Court under this section except by its leave.

76. Taking effect of certain decisions of Authority.

76.— A decision of the Authority to which section 74 applies takes effect on the expiration of the period within which an appeal against it may be brought, unless an appeal is duly brought, in which case the decision stands suspended pending the outcome of the appeal proceedings (including proceedings under section 75).

PART 9 Property Services Compensation Fund

77. Property Services Compensation Fund.

77.— (1) The Authority shall establish, administer and maintain a fund to be known as the Property Services Compensation Fund (in this Act referred to as “the Fund”).

(2) Schedule 6 shall apply to the administration of the Fund.

(3) The Authority shall, in performing the functions conferred on it under this section, have regard to the principle that the total amount standing to the credit of the Fund (including the value of all investments forming part of the Fund) should, on and after the fourth anniversary of the date of establishment of the Fund, be not less than the prescribed amount.

(4) In this section, “prescribed amount” means—

(a) subject to paragraph (b), €2,000,000,

(b) such greater amount as may be prescribed by regulations made under section 96 for the purposes of this paragraph (which may be an amount greater than an amount previously prescribed by such regulations).

78. Compensation for loss due to dishonesty.

78.— (1) Where the Authority is satisfied that a client of a licensee has sustained a loss as a result of dishonesty on the part of that licensee, or as a result of dishonesty on the part of any principal officer, employee or agent or former principal officer, employee or agent of that licensee, arising from the provision of property services by or on behalf of the licensee, then, subject to the provisions of this section, the Authority shall make a grant to that client out of the Fund.

(2) The amount of a grant shall be such as represents, in the opinion of the Authority, the reimbursement of the amount or value of the loss sustained by the client concerned and the reasonable costs incurred by the client in seeking to recover it with, where the Authority thinks fit, interest at the rate for the time being standing specified under section 26 of the Debtors (Ireland) Act 1840 on the whole or any part of the amount or value of such loss in respect of the whole or any part of the period between the date when the loss was sustained and the date of the making of the grant, but excluding damages or any other form of loss consequent on the client being deprived of the amount or value of the loss sustained.

(3) The Authority shall have a discretion to make or refuse to make a grant to a client in respect of a loss in any case in which it considers that—

(a) the licensee concerned did not, at the time when the loss was sustained, have a licence in force in respect of the property service to which the loss relates,

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Property Services (Regulation) Act 2011

38. Offence to use licence issued to another person.

39. Issue of replacement licence, etc.

40. Surrender and seizure of licence following suspension or revocation, etc.

41. Notification of material matter to Authority.

42. Provision of information by Garda Síochána.

PART 4 General Obligations of Licensees

43. Letter of engagement.

44. Retention of records.

45. Professional indemnity insurance.

PART 5 Client Accounts and Related Matters

46. Keeping and preservation of client accounts and records.

47. Offences relating to client accounts and accounting records.

48. Control of banking accounts or assets of licensees.

49. Priority of claims to client moneys.

50. Preservation of lien and other rights.

51. Provisions regarding banks.

52. Vesting in Official Assignee of sums to credit of certain client accounts.

53. Provisions relating to client accounts in event of bankruptcy.

54. Power of Authority to deal with documents.

PART 6 Sale or Letting of Land

55. Vendor to be given statement of advised market value, etc.

56. Estimate of selling price not to be less than advised market value, etc.

57. Evidence of reasonableness of advised market value.

58. Sale by auction.

59. Disclosure requirements applicable to vendor and licensee in relation to sale of residential property.

60. Prohibition on provision of financial services, etc.

61. Retention of records where sale of land other than by auction.

62. Regulations under Part 6 .

PART 7 Complaints, Investigations and Sanctions

63. Complaints against licensees.

64. Circumstances in which application may be made to High Court for immediate suspension of licence, etc.

65. Investigations.

66. Powers of entry and inspection, etc., of inspectors for purposes of investigation.

67. Protection for persons reporting improper conduct, etc.

68. Actions to be taken by inspector and Authority upon completion of investigation.

69. Confirmation of High Court required before decision under section 68(4)(a) to impose major sanction takes effect.

70. Appeal to High Court against decision to impose major sanction.

71. Application to High Court to confirm decision to impose major sanction.

72. Provisions supplementary to sections 70 and 71.

73. Matters to be considered in determining sanctions to be imposed.

PART 8 Appeals Against Certain Decisions of Authority

74. Property Services Appeal Board.

75. Appeal to High Court on question of law.

76. Taking effect of certain decisions of Authority.

PART 9 Property Services Compensation Fund

77. Property Services Compensation Fund.

78. Compensation for loss due to dishonesty.