Property Services (Regulation) Act 2011

(b) there has been dishonesty or negligence on the part of the client or of any person for whom that client is responsible which has contributed to the loss, or

(c) the client has contributed (including by omission) to improper conduct by the licensee which falls within paragraph (a) or (b) of the definition of “improper conduct” in section 2(1),

and, where the Authority decides to make a grant in any such case, it shall have a discretion to make it only to a limited extent.

(4) A grant may be made notwithstanding that the licensee concerned has, after the act of dishonesty, died or ceased to be a licensee.

(5) No grant may be made in respect of a loss made good otherwise.

(6) (a) On the making of any grant to any client of a licensee in respect of any loss—

(i) the Authority shall, to the amount of the grant, be subrogated—

(I) to any rights or remedies to which that client was entitled on account of the loss against the licensee or any other person or against the estate of such licensee or other person,

(II) to any rights or remedies to which the licensee or any principal officer, employee or agent or former principal officer, employee or agent of the licensee was entitled on account of the loss against any other person or against the estate of such other person, and

(III) to all other rights and remedies (if any) of that client or such licensee or any principal officer, employee or agent or former principal officer, employee or agent of the licensee in respect of the loss,

and

(ii) the client shall have no right under bankruptcy or other legal proceedings or otherwise to receive any sum out of the assets of the licensee or of any principal officer, employee or agent or former principal officer, employee or agent of the licensee in respect of the loss until the full amount of the grant has been reimbursed to the Authority.

(b) In paragraph (a), references to the licensee or any principal officer, employee or agent or former principal officer, employee or agent of the licensee include, in the event of the death, insolvency or other disability of such licensee, principal officer, employee or agent or former principal officer, employee or agent, references to the personal representative of such licensee, principal officer, employee or agent or former principal officer, employee or agent or any other person having authority to administer the estate of such licensee, principal officer, employee or agent or former principal officer, employee or agent.

(7) No grant shall be made unless a notice in writing of the loss is received by the Authority—

(a) in the specified form, and

(b) within 12 months after the loss comes to the knowledge of the client concerned.

(8) The Authority, for the purposes of inquiring into any matters which may affect the making or refusal of a grant, may take evidence on oath, and the administration of such an oath by any member of the Authority or the Chief Executive is hereby authorised.

(9) (a) A grant may, at the discretion of the Authority, be paid either in one sum or in such instalments as the Authority may determine.

(b) The Authority, if satisfied that the financial stability of the Fund so requires, may postpone payment of any grant or any instalment of any grant.

(10) For the purposes of this section, a licensee, a partnership in which the licensee is a partner, or a body corporate beneficially owned or controlled by that licensee, shall not be a client of—

(a) the licensee,

(b) a partnership in which the licensee is a partner,

(c) a body corporate beneficially owned or controlled by that licensee.

(11) The Authority may, for the purposes of satisfying itself as referred to in subsection (1) or for the purposes of protecting its rights under subsection (6), or for both such purposes, require any person to answer all questions, execute all documents and take all steps as may, in the opinion of the Authority, be necessary for any of those purposes, and may require a client of a licensee who claims he or she has sustained a loss referred to in subsection (1) to verify any document by affidavit.

PART 10 Maintenance of Professional Competence of Licensees

79. Regulations may provide for professional competence schemes.

79.— (1) The Authority, with the consent of the Minister, may and, if directed by the Minister to do so and in accordance with the terms of the direction, shall, following consultation with any other person or body as the Authority thinks fit or as the Minister directs, by regulations provide for one or more than one scheme of education and training for the purposes of ensuring the ongoing maintenance of the professional competence of licensees in the provision of the property service or the class of property service which they are authorised to provide by their respective licences.

(2) Regulations made under this section in respect of a professional competence scheme may—

(a) be expressed to apply to—

(i) licensees who are individuals or a class of such licensees (including any such licensees who are partners in partnerships),

(ii) the principal officers of licensees which are bodies corporate or a class of such principal officers (including any such licensees which are partners in partnerships), or

(iii) any combination thereof,

and

(b) provide for the development, establishment and operation of the scheme by—

(i) the Authority only,

(ii) the Authority in conjunction with a body specified in the regulations, or

(iii) a body specified in the regulations under an arrangement with the Authority.

80. Review of professional competence scheme.

80.— The Authority, in respect of a professional competence scheme—

(a) shall review the operation of the scheme periodically, and

(b) may, following such a review, make recommendations to the Minister as to the steps that, in the opinion of the Authority, may need to be taken to improve the operation of the scheme.

81. Duty of licensees to maintain professional competence.

81.— (1) A licensee who is an individual (including such a licensee who is a partner in a partnership) shall maintain his or her professional competence on an ongoing basis pursuant to a professional competence scheme (if any) applicable to that licensee.

(2) A licensee which is a body corporate (including such a licensee which is a partner in a partnership) shall take all appropriate steps to ensure that its principal officers maintain their professional competence on an ongoing basis pursuant to a professional competence scheme (if any) applicable to those principal officers.

PART 11 Property Services Provided by Certain Persons from EU Member States

82. Part 11 and Schedule 7.

82.— In this Part and Schedule 7, unless the context otherwise requires—

“competent authority” means any competent authority within the meaning of Article 4 of Directive 2006/123/EC that has functions in relation to persons who provide a service that substantially corresponds to a service which falls within any of paragraphs (a)to (d) of the definition of “property service” in section 2(1);

“corresponding property service”, in relation to a relevant person, has the meaning assigned to it by the definition of “relevant person”;

“relevant authorisation”, in relation to a relevant person, means the licence or other form of authorisation, referred to in paragraph (a) of the definition of “relevant person”, held by the relevant person;

“relevant person” means a person who—

(a) holds from a competent authority a licence or other form of authorisation that is in force and that authorises the person to provide a service (in this definition referred to as “the relevant property service”) that substantially corresponds to a service which falls within any of paragraphs (a)to (d) of the definition of “property service” in section 2(1) (in this definition referred to as “the corresponding property service”),

(b) is, in the provision of the relevant property service to clients (whether within or outside the State), subject to a scheme of protection for such clients which substantially corresponds to the provisions of Part 5,

(c) proposes to provide, or is providing, in the State the corresponding property service, and

(d) is not prohibited under this Act from providing the corresponding property service.

83. Application of this Act to relevant persons.

83.— (1) This Act shall not apply to a relevant person in his or her capacity as a relevant person except as specified in subsection (2) and the other provisions of this Part.

(2) This Act shall have effect in relation to relevant persons with the modifications specified in Schedule 7and with any other necessary modifications.

(3) Nothing in this Act shall be construed to authorise a relevant person in his or her capacity as a relevant person to provide in the State a property service to which this Act applies other than the corresponding property service.

84. Relations with competent authorities.

84.— (1) The Authority shall notify the competent authority concerned of—

(a) any action taken by the Authority or the High Court under section 63, 64, 65(1) or 68in relation to a relevant person,

(b) any action taken by the Authority or the High Court under section 71 or 72 in relation to a relevant person,

(c) the making of any appeal under this Act by a relevant person and the result of any such appeal or any subsequent proceedings, and

(d) any improper conduct by the relevant person which has occurred or is occurring.

(2) The Authority shall collaborate with and assist competent authorities with a view to promoting the effective performance by the Authority and those authorities of their respective functions in relation to relevant persons.

85. Effect of revocation or suspension of relevant person’s relevant authorisation.

85.— (1) Where a relevant authorisation issued by a competent authority to a relevant person is revoked or suspended by it—

(a) subject to subsection (2), this Part and Schedule 7shall cease to have effect in relation to that person, and

(b) the relevant person shall be treated as a person who is not the holder of a licence,

with effect from the date of revocation or during the period of suspension, as the case may be.

(2) Schedule 7 shall still have effect in relation to a person to whom subsection (1) applies in so far as that Schedule specifies that any reference in this Act to a former licensee is a reference to a former relevant person.

PART 12 Residential Property Sales Prices and Commercial Leases Database

86. Residential property sales prices.

86.— (1) The Authority shall, as soon as is practicable after the commencement of this section, maintain and publish particulars of residential property sales prices in the State, including—

(a) the address of the property,

(b) the price at which the property was sold, and

(c) the date of the sale of the property.

(2) The particulars referred to in subsection (1) may, at the Authority’s discretion, relate, whether in respect of all residential properties in the State or a class of such properties, to sales of properties over a period of time, including a period of time which has elapsed before the commencement of this section.

(3) The Authority shall make the particulars referred to in subsection (1) available for inspection free of charge by any person on its Internet website in such a manner that the section of the website which contains the particulars is readily accessible by members of the public.

87. Database of commercial property leases.

87.— (1) The Authority shall, as soon as is practicable after the commencement of this section, establish and maintain for the purposes of this Act a database relating to commercial property leases, to be known as the Commercial Leases Database.

(2) The Commercial Leases Database shall be in such form as the Authority thinks fit and shall, in respect of each relevant commercial lease which is in force, contain—

(a) the address and description of the commercial property the subject of the lease,

(b) the date of the lease of the property,

(c) the term of years of the lease,

(d) the rent payable in respect of the property,

(e) the particulars provided to the Authority under section 88 in relation to the property, and

(f) such other particulars as may be prescribed by regulations made under section 95 for the purposes of this paragraph.

(3) Subject to subsection (4), the Commercial Leases Database may, at the Authority’s discretion, contain, in respect of a commercial property lease, the particulars provided for in paragraphs (a) to (d) of subsection (2) notwithstanding the fact that such a lease was entered into before the commencement of this section.

(4) Subsection (3) shall not apply to a commercial property lease entered into more than 5 years before the commencement of this section.

(5) The Authority shall make the Commercial Leases Database available for inspection by any person, on payment of the appropriate fee—

(a) at its principal office during normal working hours, and

(b) on its Internet website in such a manner that the section of that website which contains the Database is readily accessible by such person.

88. Tenants to provide Authority with particulars of relevant commercial leases.

88.— (1) The tenant under a relevant commercial lease (or such other person as the tenant has authorised in writing to act on his or her behalf for the purposes of this subsection in so far as it relates to the lease) shall, within the relevant period immediately following the day on which a stamp certificate is received by or on behalf of the tenant from the Revenue Commissioners in respect of the lease, give to the Authority a notice in the specified form setting out (in addition to the particulars specified in paragraphs (a) to (d) of section 87(2))—

(a) the commencement date of the terms of the lease,

(b) the capital consideration (if any) to be paid by the tenant or landlord in respect of the commercial property the subject of the lease,

(c) the frequency of the rent review in respect of the property,

(d) the particulars relating to who is liable in respect of the rates, insurance, service charges and repairs in respect of the property,

(e) the net floor area, per each floor, of the property,

(f) the particulars (if any) relating to rent-free periods, fitting out time allowed, fit out allowances and capital contributions in respect of the property,

(g) the particulars relating to any break-clause in the lease,

(h) the certificate identification number (within the meaning of regulation 2 of the Stamp Duty (E-stamping of Instruments) Regulations 2009 (S.I. No. 476 of 2009)) of that stamp certificate, and

(i) such other particulars as may be prescribed by regulations made under section 95 for the purposes of this paragraph.

(2) Where a reviewed rent has been determined (whether or not the rent concerned is increased, decreased or remains the same) in respect of a relevant commercial lease (whether by agreement or otherwise), the tenant under the lease (or such other person as the tenant has authorised in writing to act on his or her behalf for the purposes of this subsection in so far as it relates to the lease) shall, within the relevant period immediately following the day of the determination, give to the Authority a notice in the specified form setting out—

(a) the particulars of the reviewed rent,

(b) the particulars of any other variations made to the lease during, or for the purposes of, the rent review, and

(c) such other particulars as may be prescribed by regulations made under section 95 for the purposes of this paragraph.

(3) Where a tenant ceases to have an interest in a commercial property which is the subject of a relevant commercial lease, the tenant (or such other person as the tenant has authorised in writing to act on his or her behalf for the purposes of this subsection in so far as it relates to the cesser) shall, within the relevant period immediately following the day on which the cesser takes effect, give the Authority a notice in the specified form setting out particulars of the cesser (including the day on which it takes effect).

(4) A provision (howsoever expressed) of any contract or other agreement which has as its object or effect the prevention of the disclosure of any of the particulars referred to in subsection (1),(2) or (3), whether to the Authority or to other persons or to both, shall not prevent the disclosure of those particulars to the Authority in accordance with this section.

(5) A person who, without reasonable excuse, contravenes subsection (1), (2) or (3) is guilty of an offence and liable on summary conviction to a class A fine.

(6) In this section, “relevant period” means—

(a) the period prescribed by regulations made under section 95 for the purposes of this definition,

(b) if no such period is so prescribed for the time being, 30 days.

PART 13 Miscellaneous

89. Investigation of persons other than licensees.

89.— (1) The Authority shall, at the request of the Minister, or may, of its own volition or upon a complaint made by a member of the public, cause such investigation as it thinks fit to be carried out in relation to any person who, not being a licensee, is suspected of having contravened or contravening section 28(1).

(2) For the purposes of an investigation (non-licensee), the Authority shall appoint an inspector, subject to such terms as it thinks fit—

(a) to carry out the investigation (non-licensee), and

(b) to submit to it an investigation report (non-licensee) following the completion of the investigation (non-licensee).

(3) The Authority may appoint more than one inspector to carry out an investigation (non-licensee) but, in any such case, the investigation report (non-licensee) concerned shall be prepared jointly by the inspectors so appointed and the definition of “investigation report (non-licensee)” in subsection (8) and the other provisions of this section shall, with all necessary modifications, be construed accordingly.

(4) The provisions of section 66 shall apply to an investigation (non-licensee) as they apply to an investigation as if—

(a) any reference in that section to an investigation were a reference to an investigation (non-licensee), and

(b) any reference to a licensee (howsoever expressed) in that section were a reference to the person to whom the investigation (non-licensee) relates,

and with all other necessary modifications.

(5) Where an inspector has completed an investigation (non-licensee), the inspector shall, as soon as is practicable after having considered, in so far as they are relevant to the investigation (non-licensee), 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 as read with subsection (4), any statement or admission made by any person pursuant to any requirement under that section as so read, any submissions made and any evidence presented (whether at an oral hearing referred to in section 66(15) or otherwise), prepare an investigation report (non-licensee) and submit it to the Authority.

(6) Where the Authority has considered an investigation report (non-licensee) submitted to it pursuant to subsection (5), the Authority—

(a) if it is satisfied that a contravention of section 28(1) by the person to whom the investigation (non-licensee) relates has occurred or is occurring, shall, without prejudice to the generality of section 94, forthwith give a copy of the investigation report (non-licensee) to the Garda Síochána and the Minister together with a notice in writing of its decision under this paragraph and the reasons for the decision,

(b) if it is not satisfied that a contravention of section 28(1) by the person to whom the investigation (non-licensee) relates has occurred or is occurring but is of the opinion that a further investigation (non-licensee) of that person is warranted, shall cause the further investigation (non-licensee) to be carried out pursuant to its powers under this section,

(c) if it is not satisfied that a contravention of section 28(1) by the person to whom the investigation (non-licensee) relates has occurred or is occurring and is not of the opinion that a further investigation (non-licensee) of the person is warranted, shall, as soon as is practicable, give notice in writing to that person to the effect that—

(i) it is not satisfied that a contravention of section 28(1)by the person has occurred or is occurring,

(ii) it is not of the opinion that a further investigation (non-licensee) of the person is warranted, and

(iii) subparagraphs (i) and (ii) do not preclude any future investigation (non-licensee) being carried out in relation to the person should it once again be suspected that a contravention of section 28(1) by the person has occurred or is occurring.

(7) Where the Authority is satisfied as mentioned in subsection (6)(a), it may, on notice to the person to whom the investigation report (non-licensee) concerned relates, seek an injunction in the High Court requiring the person to cease the activities which such report and the notice concerned referred to in that subsection have identified as having contravened or contravening section 28(1).

(8) In this section—

“investigation (non-licensee)” means an investigation under subsection (1);

“investigation report (non-licensee)”, in relation to an investigation (non-licensee), means a report in writing prepared, following the completion of the investigation (non-licensee), by the inspector appointed to carry out the investigation (non-licensee)—

(a) stating that the inspector—

(i) is satisfied that the person to whom the report relates has contravened or is contravening section 28(1), or

(ii) is not so satisfied,

as appropriate,

(b) if paragraph (a) (i) is applicable, stating the grounds on which the inspector is so satisfied,

(c) if paragraph (a) (ii) is applicable, stating—

(i) the basis on which the inspector is not so satisfied, and

(ii) the inspector’s opinion, in view of such basis, on whether or not a further investigation (non-licensee) of the person is warranted and, if warranted, the inspector’s opinion on the principal matters to which the further investigation (non-licensee) should relate.

90. Certain provisions to be void.

90.— (1) Subject to subsection (2), any provision (whether express or implied) in an agreement in respect of the sale or letting of land whereby the purchaser or tenant, as the case may be, is required to pay or otherwise bear the cost of the licensee’s fees or expenses in respect of the sale or letting, as the case may be, shall be void, and any moneys paid pursuant to such a provision shall be recoverable as a simple contract debt in a court of competent jurisdiction.

(2) Nothing in subsection (1) shall affect the liability of a person to pay fees or expenses to a licensee in respect of the acquisition of any land where the licensee has been retained by the person to acquire such land and does not also act, in respect of such acquisition, on behalf of the person from whom the land is acquired.

91. Publication of sanctions, etc.

91.— (1) The Authority shall publish particulars, in such form and manner and for such period as it thinks fit, of any—

(a) conviction of a person for a contravention of section 28(1),

(b) decision of the Authority refusing to renew a licence,

(c) suspension under section 64(2)of a licence, and

(d) imposition of a major sanction on a licensee pursuant to a decision confirmed or given under section 70(3)or 71(2).

(2) The Authority may publish particulars, in such form and manner and for such period as it thinks fit, of any—

(a) imposition of a minor sanction on a licensee pursuant to a decision under section 68(4) (a),

(b) imposition of a minor sanction on a licensee pursuant to a decision given under section 70(3), or

(c) imposition of a minor sanction on a licensee pursuant to a determination under paragraph 24(1)(a) or (c) of Schedule 5.

92. Receipt of notice.

92.— (1) A notice to be given to a person by the Authority or the Appeal Board under this Act shall be given to the person in one of the following ways:

(a) by delivering it to the person;

(b) by leaving it at the address at which the person ordinarily resides or carries on business;

(c) by sending it by prepaid registered post or by any other form of recorded delivery service in an envelope addressed to the person at that address;

(d) where the person has given an address for service of notices, by leaving it at the address for such service or sending it by prepaid registered post or by any other form of recorded delivery service in an envelope addressed to the person at that address; or

(e) where the Authority or the Appeal Board considers that notice should be given immediately, by sending it by means of electronic mail or facsimile machine, to a device or facility for the reception of electronic mail or facsimiles located at the address at which the person ordinarily resides or carries on business or, if an address for the service of notices has been provided by the person, that address.

(2) A notice to be given by a person to the Authority or the Appeal Board under this Act shall be given to the Authority or the Appeal Board, as the case may be, in one of the following ways:

(a) by delivering it during normal office hours to the office of the Authority or the Appeal Board, as the case may be, and leaving it with a person who is apparently its employee;

(b) by sending it by prepaid registered post or by any form of recorded delivery service in an envelope addressed to the Authority or the Appeal Board, as the case may be, at its office; or

(c) by such other means as may be prescribed by regulations made under section 95 for the purposes of this paragraph.

(3) A notice given under subsection (1) is deemed to have been received by the person—

(a) in the case of prepaid registered post, or other recorded delivery, on the third working day after the day on which it was so sent,

(b) in the case of electronic mail, when the sender’s facility for the reception of electronic mail generates a message confirming the receipt of the electronic mail,

(c) in the case of a facsimile machine, when the sender’s facsimile machine generates a message confirming the successful transmission of the total number of pages of the notice.

(4) Documents or information which are required by or under this Act to be made or submitted to the Authority or the Appeal Board within a specified period shall, if the office of the Authority or Appeal Board, as the case may be, is closed on the last day of the period, be regarded as having been received before the expiration of the period if received on the next following day on which the office is open.

(5) For the purposes of this section, a company is deemed to be ordinarily resident at its registered office and every other body corporate or unincorporated body to be so resident at its principal place of business.

93. F4[ Restriction of right of access to personal data in certain circumstances

93.Article 15 (Right of access) of the Data Protection Regulation is restricted, to the extent necessary and proportionate to enable the Authority to effectively perform its functions under this Act in so far as the functions relate to carrying out an investigation, in so far as it relates to personal data (within the meaning of that Regulation) processed by the Authority.]

94. Offences — general.

94.— (1) Any person who makes any false or misleading statement in any application or notice of appeal under this Act or in any document required thereunder or otherwise gives false or misleading information to the Authority or the Appeal Board 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.

(2) Subject to subsection (3), where a licensee is convicted of an offence under subsection (1), 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.

(3) An order under subsection (2) 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

(c) on any such appeal, the conviction or order, as the case may be, is upheld.

(4) Where—

(a) a contravention of a provision of this Act or of regulations made under this Act is committed by a body corporate, and

(b) the contravention is proved to have been committed with the consent, connivance or approval of, or to have been attributable to any neglect on the part of, a person who was either—

(i) a director, manager, secretary or other similar officer of the body corporate, or

(ii) a person purporting to act in any such capacity,

that person is also guilty of an offence and liable to be proceeded against and punished as if the person were guilty of the contravention referred to in paragraph (a).

(5) Where the affairs of a body corporate are managed by its members, subsection (4) shall apply in respect of the acts or defaults of a member in connection with the member's functions of management as if the member were a director or manager of the body corporate.

(6) Subsections (4)and(5) shall, with all necessary modifications, apply in respect of offences under this Act committed by an unincorporated body.

(7) The Authority may bring and prosecute summary proceedings for an offence under this Act (including an offence under section 28).

(8) Notwithstanding section 10(4) of the Petty Sessions (Ireland) Act 1851, summary proceedings for an offence under this Act to which that provision applies may be instituted—

(a) within 12 months from the date on which the offence was committed, or

(b) within 6 months from the date on which evidence sufficient, in the opinion of the person instituting the proceedings, to justify proceedings comes to that person’s knowledge,

whichever is the later, provided that no such proceedings shall be commenced later than 2 years from the date on which the offence concerned was committed.

(9) For the purposes of subsection (8)(b), a certificate signed by or on behalf of the person initiating the proceedings as to the date on which evidence referred to in that subsection came to his or her knowledge shall be evidence of that date and, in any legal proceedings, a document purporting to be a certificate under this subsection and to be so signed shall be admitted as evidence without proof of the signature of the person purporting to sign the certificate, unless the contrary is shown.

95. Regulations that may be made by Authority — general.

95.— (1) The Authority, with the consent of the Minister, may and, if directed by the Minister to do so and in accordance with the terms of the direction, shall, following consultation with any other person or body as the Authority thinks fit or as the Minister directs, by regulations provide for any matter referred to in this Act as prescribed under this section and for all or any of the following:

(a) the classes of licences which may be issued by the Authority and the conditions (if any) attaching to such classes of licences;

(b) the procedures governing—

(i) the issue and renewal of licences; and

(ii) the surrender of licences;

(c) the standards to be observed in the provision of property services by licensees or particular classes of licensees with particular reference to—

(i) the public interest;

(ii) the duty owed to clients and users and potential users of property services;

(iii) the professional and ethical conduct of licensees;

(iv) the confidentiality of client information; and

(v) conflicts of interest;

(d) the qualifications (including levels of training, education and experience) or any other requirements (including required minimum levels of professional indemnity insurance) for the issue and renewal of licences, or particular classes of licences;

(e) the terms on which indemnity against losses is to be available to licensees under any policy of indemnity insurance (including, in the case of licensees who are property services employers, the extent to which such indemnity covers principal officers and employees of property service employers who provide property services in their capacity as such principal officers or employees, as the case may be) and the circumstances in which the right to such indemnity is to be excluded or modified;

(f) the records to be maintained and the information and returns to be provided to the Authority by licensees or particular classes of licensees;

(g) the amount of the contributions to be made to the Fund in respect of applications for a licence or for the renewal of a licence, or exemptions from the payment of such amounts, or waiving, remitting or refunding such amounts (in whole or in part), in different circumstances or classes of circumstances or in different cases or classes of cases; and

(h) the procedures for applications for grants.

(2) The Authority shall not prescribe a longer period for the purposes of subsection (6) of section 31 unless it is satisfied that—

(a) the longer period will not prejudice the financial stability of the Fund by virtue of depriving the Fund of contributions payable into it upon the renewal of licences, and

(b) the longer period will reduce the expenses incurred by the Authority in the administration of this Act in so far as it relates to the renewal of licences but without thereby prejudicing the Authority’s responsibility to control and supervise licensees.

(3) The Authority shall not prescribe an offence for the purposes of paragraph (b) of the definition of “material matter” in section 41(4) unless it is satisfied that the offence is of a kind that is so remote or insignificant in relation to the matters that would normally be taken into account to determine whether a person is a fit and proper person to provide a property service that the offence could not reasonably be regarded as being a matter of which the Authority ought to be aware.

96. Regulations that may be made by Minister — general.

96.— (1) The Minister may by regulations provide for any matter referred to in this Act as prescribed under this section.

(2) The Minister shall not prescribe a property service for the purposes of paragraph (p) of section 3(1) unless he or she is satisfied that the property service is of a kind that is so insignificant, or that the property service is the subject of such level of control and supervision outside the provisions of this Act, that disapplying this Act to such property service will not prejudice clients and other users and potential users of such property service.

(3) The Minister shall not prescribe an amount for the purposes of paragraph (b)of the definition of “prescribed amount” in section 77(4) unless the Minister is satisfied, after consultation with the Minister for Public Expenditure and Reform, that it is necessary to do so in order to—

(a) prevent, or prevent the likelihood of, grants or instalments of grants being unduly postponed, or

(b) ensure the financial stability of the Fund in view of the pattern of the grants (if any) which have been made.

(4) The Minister may by regulations make such incidental or consequential provision as the Minister considers necessary or expedient for the purposes of giving this Act full effect.

97. Power to specify form of documents.

97.— (1) The Authority may specify the form of documents required for the purposes of this Act as the Authority thinks fit.

(2) The Authority’s power under subsection (1) may be exercised in such a way as to—

(a) include in the specified form of any document referred to in that subsection a statutory declaration—

(i) to be made by the person completing the form, and

(ii) as to whether the particulars contained in the form are true and correct to the best of that person’s knowledge and belief,

and

(b) specify 2 or more forms of any document referred to in that subsection, whether as alternatives, or to provide for particular circumstances or particular cases, as the Authority thinks fit.

(3) The form of a document specified under this section shall be—

(a) completed in accordance with such directions and instructions as are specified in the document,

(b) accompanied by such other documents as are specified in the document, and

(c) if the completed document is required to be provided to—

(i) the Authority,

(ii) another person on behalf of the Authority, or

(iii) any other person,

so provided in the manner (if any) specified in the document.

98. Interpretation of transitional provisions.

98.— In the transitional provisions—

“Act of 1947” means the Auctioneers and House Agents Act 1947;

“final determination”, in relation to an application under section 30 referred to in section 99(1)(b)made by a person concerned for a licence to provide a property service concerned, means—

(a) the issue under section 31(1) by the Authority of a licence to the person concerned to provide the property service concerned,

(b) the refusal under section 31(3)(a), (b), (c), (d), (e) or (f) by the Authority to issue a licence to the person concerned to provide the property service concerned,

(c) subject to paragraph (d), the refusal under section 31(3)(g), (h) or (i) by the Authority to issue a licence to the person concerned to provide the property service concerned and the taking effect of that decision in accordance with section 76, or

(d) if there is an appeal to the Appeal Board against a refusal referred to in paragraph (c)—

(i) the withdrawal of the appeal as specified in paragraph 19of Schedule 5,

(ii) the confirmation of the decision of the Authority by the Appeal Board as specified in paragraph 24(1)(a) of Schedule 5,

(iii) the taking effect in accordance with section 76 of a new decision by the Authority as specified in paragraph 24(1)(b) of Schedule 5,

(iv) the taking effect of the Appeal Board’s determination in substitution for the decision of the Authority as specified in paragraph 24(1)(c) of Schedule 5,

(v) the dismissal of the appeal as specified in paragraph 25 of Schedule 5, or

(vi) the withdrawal of the appeal as specified in paragraph 31(2)(a) and(3) of Schedule 5,

as applicable;

“person concerned” has the meaning given to it by section 99(1);

“property service concerned” has the meaning given to it by section 99(1);

“transitional provisions” means this section and sections 99 and 100.

99. Application of this Act to persons who were lawfully providing property service before commencement of relevant provisions of this Act in respect of that service.

99.— (1) Subject to subsection (3) and section 100, sections 28(1) and 89 and the provisions of this Act applicable to a licensee and a property service shall not apply to a person (in the transitional provisions referred to as a “person concerned”) and a property service (in the transitional provisions referred to as a “property service concerned”) provided by the person concerned if, and only if—

(a) the person concerned was lawfully providing the property service concerned before the commencement of section 28(1) in respect of that property service, and

(b) the person concerned has, before that commencement, made an application under section 30 for a licence to provide the property service concerned and there has not been a final determination of the application before that commencement.

(2) Where subsection (1) has not ceased to apply to a person concerned and a property service concerned, the statutory provisions repealed, revoked or amended by this Act (including Part IV of the Act of 1947) shall, in so far as they applied to the person concerned and the property service concerned before the commencement of section 28(1) in respect of that property service, continue to apply to the person concerned and the property service concerned as if those statutory provisions have not been so repealed, revoked or amended, as the case may be.

(3) Subject to section 100, subsection (1) shall cease to apply to a person concerned and a property service concerned immediately upon the final determination of the application under section 30 referred to in subsection (1)(b) made by the person concerned for a licence to provide the property service concerned.

(4) Notwithstanding the repeal of the Act of 1947 effected by the commencement of section 7(1), Part IV of that Act shall continue to apply to a deposit (within the meaning of section 2 of that Act) which has not been released before that commencement and, for the purposes of such application, a licence (if any) under this Act held by the depositor shall not be treated as a licence referred to in that Part.

(5) Where a licence is issued to a person concerned in respect of a property service concerned pursuant to the final determination of the application under section 30 referred to in subsection (1)(b) made by the person for that licence, the period of validity of the licence as so issued shall be deemed to start to run on the day of commencement of section 28(1) in respect of the property service concerned, and irrespective of whether the licence is issued before, on or after that commencement.

100. Modification of operation of section 99(1) in specified circumstances.

100.— (1) Where—

(a) a person concerned (in this subsection referred to as “the first-mentioned person concerned”)—

(i) would, but for section 99(1), be required to be licensed as a property services employer in order to continue to provide a property service concerned on and after the commencement of section 28(1) in respect of that property service, and

(ii) has, before that commencement, made an application under section 30 for a licence to provide that service as a property service employer,

and

(b) another person concerned (in this subsection referred to as “the second-mentioned person concerned”)—

(i) is a principal officer or an employee of the first-mentioned person concerned, and, in that capacity, provides the property service concerned referred to in paragraph (a) (i) on behalf of the first-mentioned person concerned,

(ii) would, but for section 99(1), be required to be licensed as a principal officer or an employee, as the case may be, in order to continue to so provide that service on and after the commencement of section 28(1) in respect of that property service, and

(iii) has, before that commencement, made an application under section 30 to be licensed as referred to in subparagraph (ii),

then, if the final determination of the application referred to in paragraph (a) (ii) is that the first-mentioned person concerned is not issued a licence to provide the property service concerned referred to in paragraph (a) (i)as a property services employer—

(i) section 99(1) shall cease to apply to the second-mentioned person concerned in so far as the second-mentioned person concerned provides that property service on behalf of the first-mentioned person concerned, in his or her capacity as a principal officer or employee, as the case may be, of the first-mentioned person concerned, and

(ii) the application referred to in paragraph (b) (iii) shall be deemed to have been withdrawn by the second-mentioned person concerned.

(2) Without prejudice to the generality of subsection (1), the Authority shall not determine the application referred to in subsection (1)(b)(iii) until there has been a final determination of the application referred to in subsection (1)(a)(ii).

(3) Where—

(a) a person concerned (in this subsection referred to as “the first-mentioned person concerned”)—

(i) would, but for section 99(1), be required to be licensed as a property services employer in order to continue to provide a property service concerned on and after the commencement of section 28(1) in respect of that property service, and

(ii) has not, before that commencement, made an application under section 30 for a licence to provide that service as a property services employer,

and

(b) another person concerned (in this subsection referred to as “the second-mentioned person concerned”)—

(i) is a principal officer or an employee of the first-mentioned person concerned and, in that capacity, provides the property service concerned referred to in paragraph (a)(i)on behalf of the first-mentioned person concerned,

(ii) would, but for section 99(1), be required to be licensed as a principal officer or an employee, as the case may be, in order to continue to so provide that property service on and after the commencement of section 28(1) in respect of that property service, and

(iii) has, before that commencement, made an application under section 30 to be licensed as referred to in subparagraph (ii),

then—

(i) section 99(1) shall not apply to the second-mentioned person concerned or the property service concerned referred to in paragraph (a)(i) in so far as that second-mentioned person concerned was providing that property service, on behalf of the first-mentioned person concerned, in his or her capacity as a principal officer or employee, as the case may be, of the first-mentioned person concerned, and

(ii) the application referred to in paragraph (b)(iii) shall be deemed to have been withdrawn by the second-mentioned person concerned.

101. Consequential amendments to other enactments.

101.— The enactments specified in Schedule 8are amended in the manner specified in that Schedule.