Property Services (Regulation) Act 2011

• (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 19 of 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 8 are amended in the manner specified in that Schedule.

SCHEDULE 1 Repeals and Revocations

Section 7.

PART 1 Acts Repealed

Year, session and chapter or number and year	Short title
(1)	(2)
1867 (30 & 31 Vict.) c. 48	Sale of Land by Auction Act 1867
No. 10 of 1947	Auctioneers and House Agents Act 1947
No. 9 of 1967	Auctioneers and House Agents Act 1967
No. 23 of 1973	Auctioneers and House Agents Act 1973

PART 2 Statutory Instrument Revoked

S.I. Number and year	Short title
(1)	(2)
S.I. No. 10 of 1968	Auctioneers and House Agents Act 1947 (Accountant’s Examination and Certificate) Regulations 1968

SCHEDULE 2 Information to be Contained in Property Services Agreements

Section 43.

PART 1 Property Services Agreements — general

• (a) the name, registration number, business address and other business contact details of the licensee,

• (b) any business name of the licensee,

• (c) details of the property services to be provided by the licensee,

• (d) particulars of the subject matter of the agreement (including the folio number of the land, if appropriate),

• (e) the amount or the rate, as the case may be, of any commission or other fee payable by the client under the agreement and the circumstances under which the commission or fee, as the case may be, becomes payable,

• (f) particulars of the rate of value added tax payable,

• (g) the period during which the rights or obligations of the client or licensee are to have effect under the agreement,

• (h) the length of notice to be given in the event of the termination of the agreement by the client or licensee, and the consequences,

• (i) a statement of the obligation (if any) on the licensee, pursuant to sections 42 and 43 of the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010, to report, to the Garda Síochána and the Revenue Commissioners, suspicious transactions and transactions involving places designated under section 32 of that Act,

• (j) affirmation that no conflict of interest exists which would prevent the licensee providing the property service,

• (k) details of the professional indemnity insurance of the licensee,

• (l) details of the records to be kept by the licensee in respect of the provision of the property service,

• (m) the name and address of the bank in which the licensee’s client accounts are kept,

• (n) details on the deposit of moneys paid to the licensee by the client and the application of any interest earned thereon, and

• (o) complaints and redress procedures put in place by the licensee.

PART 2 Property Services Agreements for Sale of Land

• (a) the advised market value of the land,

• (b) a description of the agency model (sole agency, joint agency or multiple agency),

• (c) in the case of a fee or commission expressed as a percentage of the advised market value of the land—

• (i) if paragraph (a) of the definition of “advised market value” in section 2(1) is applicable, the estimated total amount payable,

• (ii) if paragraph (b) of the definition of “advised market value” in section 2(1) is applicable, the estimated range within which the total amount payable would fall,

• (d) the terms on or subject to which the client agrees to advertising the land and the amount of advertising outlay,

• (e) the obligations (if any) which will apply to the client should he or she dispose of any part of the land otherwise than through the licensee concerned, and

• (f) if applicable, a statement of intent by the licensee to offer to provide financial services to purchasers (including any case where there is any intent to offer to provide financial services to purchasers through a subsidiary or associated body of the licensee).

PART 3 Property Services Agreements for Letting of Land

• (a) the proposed duration of the letting and the advised letting value of the land,

• (b) a description of the agency model (sole agency, joint agency or multiple agency),

• (c) in the case of a fee or commission expressed as a percentage of the advised letting value of the land—

• (i) if paragraph (a) of the definition of “advised letting value” in section 2(1) is applicable, the estimated total amount payable,

• (ii) if paragraph (b) of the definition of “advised letting value” in section 2(1) is applicable, the estimated range within which the total amount payable would fall,

• (d) the terms on or subject to which the client agrees to advertising the land and the amount of advertising outlay,

• (e) the obligations (if any) which will apply to the client should he or she let any part of the land otherwise than through the licensee concerned, and

• (f) a schedule of contents and fixtures and fittings to be included in the letting, if applicable.

PART 4 Property Services Agreements for Provision of Property Management Services

• (a) a timetable for delivery of the services,

• (b) the notice required to be given by the client to the licensee for the delivery of individual services by the licensee,

• (c) particulars of any out-of-office hours services for emergencies, and

• (d) the reporting obligations of the licensee to the client.

SCHEDULE 3 Provisions applicable to Oral Hearings conducted pursuant to section 66 or 68 .

Sections 66 and 68.

PART 1 Oral Hearing conducted by inspector pursuant to section 66(15)

PART 2 Oral Hearing conducted by Authority pursuant to section 68(5)

• (a) the licensee to whom the investigation concerned relates or, if the investigation arose in consequence of the receipt of a complaint, the complainant makes a request in writing to the Authority that the hearing (or a part thereof) be held in public and states in the request the reasons for the request, and

• (b) the Authority, after considering the request (in particular, the reasons for the request), is satisfied that it would be appropriate to comply with the request.

SCHEDULE 4 Redress for Contravention of section 67(5)

Section 67(5)

Complaints to rights commissioner

• (2) Where a complaint under subparagraph (1) is made, the rights commissioner shall—

• (a) give the parties an opportunity to be heard by the commissioner and to present to the commissioner any evidence relevant to the complaint,

• (b) give a decision in writing in relation to it, and

• (c) notify the parties of that decision.

• (3) F5[(3) A decision of an adjudication officer under section 41 of the Workplace Relations Act 2015 in relation to a complaint of a contravention of section 67(5) shall do one or more of the following, namely—

• (a) declare that the complaint was or, as the case may be, was not well founded,

• (b) require the employer to take a specified course of action, which may include, in a case where the penalisation constitutes a dismissal, reinstatement or reengagement, or

• (c) require the employer to pay to the employee compensation of such amount (if any) as the adjudication officer considers just and equitable having regard to all of the circumstances, but not exceeding 104 weeks’ remuneration in respect of the employee’s employment calculated in accordance with regulations under section 17 of the Unfair Dismissals Act 1977.]

• (4) Subject to subparagraph (10), a rights commissioner shall not entertain a complaint under this paragraph if it is presented to him or her after the expiration of the period of 6 months beginning on the date of the contravention to which the complaint relates.

• (5) Notwithstanding subparagraph (4), a rights commissioner may entertain a complaint under this paragraph presented to him or her after the expiration of the period referred to in subparagraph (4) (but not later than 6 months after such expiration) if he or she is satisfied that the failure to present the complaint within that period was due to exceptional circumstances.

• (6) A complaint shall be presented by giving notice of it in writing to a rights commissioner and the notice shall contain such particulars and be in such form as may be specified from time to time by the Minister for Jobs, Enterprise and Innovation.

• (7) A copy of a notice under subparagraph (6) shall be given to the other party concerned by the rights commissioner.

• (8) Proceedings under this paragraph before a rights commissioner shall be conducted otherwise than in public.

• (9) A rights commissioner shall furnish the Labour Court with a copy of each decision given by the commissioner under subparagraph (2).

• (10) Where a delay by an employee in presenting a complaint under this paragraph is due to any misrepresentation by the employer, subparagraph (4) shall be construed as if the reference to the date of the contravention were a reference to the date on which the misrepresentation came to the employee’s notice.

Appeals from decisions of rights commissioner

F5[2. A decision of the Labour Court under section 44 of the Workplace Relations Act 2015, on appeal from a decision of an adjudication officer referred to in paragraph 1(3), shall affirm, vary or set aside the decision of the adjudication officer.]

Paragraphs 1 and 2: supplemental provisions

• (2) F6[…]

• (3) F6[…]

• (4) F6[…]

• (5) F6[…]

• (6) F6[…]

• (7) In proceedings under F5[Part 4 of the Workplace Relations Act 2015] in relation to a complaint that section 67(5) has been contravened, it shall be presumed, until the contrary is proved, that the employee concerned acted reasonably and in good faith in forming the opinion and making the communication concerned.

(8)(a) If penalisation of an employee, in contravention of section 67(5), constitutes a dismissal of the employee as referred to in paragraph (a) of the definition of “penalisation” in section 67(14), the employee (or, in the case of an employee who has not reached the age of 18 years, the employee’s parent or guardian with the consent of the employee) may institute proceedings in respect of that dismissal under the Unfair Dismissals Acts 1977 to 2007 or to recover damages at common law for wrongful dismissal and, if the employee or his or her parent or guardian, as the case may be, does so, a complaint in relation to such dismissal may not be presented to F5[an adjudication officer under section 41 of the Workplace Relations Act 2015].

• (b) If an employee (or, in the case of an employee who has not reached the age of 18 years, the employee’s parent or guardian with the consent of the employee) presents a complaint to F5[an adjudication officer under section 41 of the Workplace Relations Act 2015] in respect of a dismissal referred to in clause (a), the employee or his or her parent or guardian, as the case may be, may not institute proceedings in respect of that dismissal under the Unfair Dismissals Acts 1977 to 2007 or to recover damages at common law for wrongful dismissal.

• (9) F6[…]

• (10) F6[…]

Enforcement of determinations of Labour Court

Amendment of Protection of Employees (Employers’ Insolvency) Act 1984

SCHEDULE 5 Provisions in respect of Property Services Appeal Board

Section 74.

PART 1 General

Membership

Appointment

Chairperson

• (b) A chairperson who ceases to be such a barrister or solicitor during his or her term of office as chairperson shall thereupon cease to be chairperson and a member of the Appeal Board.

• (2) The chairperson shall be responsible for ensuring the effective performance by the Appeal Board of its functions.

• (3) The chairperson, if of the opinion that the conduct of a member of the Appeal Board has been such as to bring the Board into disrepute or has been otherwise prejudicial to the effective performance of the Appeal Board’s functions, may—

• (a) require the member to attend for interview and, on the member so attending, inform the member privately of that opinion, or

• (b) otherwise investigate the matter,

and report to the Minister the outcome of the interview or investigation if the chairperson thinks fit to do so.

Term of office

• (a) the chairperson shall hold office for a period of 4 years from the date of his or her appointment, and

• (b) any other member of the Board shall hold office for such period, not exceeding 4 years from the date of his or her appointment, as shall be specified by the Government when appointing the member,

and may in each case be reappointed by the Government for a second or subsequent term of office.

• (2) A member of the Appeal Board may at any time resign from office by letter addressed to the Secretary General to the Government and the resignation shall take effect on the date specified in the letter or the date the letter is received by the Secretary General to the Government, whichever is the later.

• (3) A member of the Appeal Board shall, unless he or she sooner dies, becomes disqualified for, resigns, is removed from office or otherwise ceases to be a member, hold office as such member until the expiration of his or her term of office.

• (4) Where a member is—

• (a) nominated as a member of Seanad Éireann,

• (b) elected as a member of either House of the Oireachtas or to be a member of the European Parliament,

• (c) regarded pursuant to section 19 of the European Parliament Elections Act 1997 as having been elected to that Parliament, or

• (d) elected or co-opted as a member of a local authority,

he or she shall thereupon cease to be a member of the Appeal Board.

• (5) The Government may for stated reasons at any time remove a member from office—

• (a) for misbehaviour, or

• (b) if it considers that—

• (i) the member has become incapable through ill health of effectively performing the functions of the office,

• (ii) the member has a conflict of interest of such significance that it requires that the person should cease to hold office, or

• (iii) the member’s removal appears to be necessary for the effective performance of the functions of the Appeal Board.

• (6) A person shall be disqualified from being and shall cease to be a member if he or she—

• (a) is adjudicated bankrupt,

• (b) makes a composition or arrangement with his or her creditors,

• (c) is convicted on indictment of an indictable offence,

• (d) is convicted of an offence involving dishonesty,

• (e) has a declaration under section 150 of the Companies Act 1990 made against him or her or is subject or is deemed to be subject to a disqualification order by virtue of Part VII of that Act, or

• (f) ceases to be ordinarily resident in the State.

Remuneration, etc., of members

Procedure of Board

• (2) At a meeting of the Appeal Board—

• (a) the quorum shall be 3 or such other number, not being less than 3, as the Appeal Board may determine,

• (b) the chairperson shall, if present, be the chairperson of the meeting,

• (c) if and so long as the chairperson is not present or the office of chairperson is vacant, the members of the Appeal Board who are present shall choose one of their number to act as the chairperson of the meeting,

• (d) each member of the Appeal Board (including the chairperson) present at a meeting of the Appeal Board shall have a vote, and

• (e) at a meeting of the Appeal Board a question on which a vote is required shall be determined by a majority of the votes of the members of the Appeal Board present and voting on the question and, in the case of an equal division of votes, the chairperson of the meeting shall have a casting vote.

• (3) Subject to this Act, the Appeal Board may regulate its own procedure.

• (4) Subject to subparagraphs (5) and (6), the Appeal Board may perform any of its functions through or by the chairperson or any other member or other person who has been duly authorised by the Appeal Board in that behalf.

• (5) A member of the Appeal Board may finally determine a particular case only if it has been considered at a meeting of the Board before the relevant authorisation is given.

• (6) The Appeal Board may not authorise a person who is not a member to determine finally a particular case.

• (7) A decision of the Appeal Board on an appeal may be by a majority of its members.

Vacancies in membership

• (2) A person appointed to be a member of the Appeal Board under subparagraph (1) shall hold office for the remainder of the term of office of the member who occasioned the casual vacancy.

• (3) For the purposes of subparagraph (2), a person who occasions or fills a casual vacancy shall be considered to have served a term as a member of the Appeal Board even though he or she held office for part only of the term.

• (4) Subject to paragraph 6(2) (a), the Appeal Board may act notwithstanding one or more vacancies in its membership.

Secretary of Board

Non-disclosure of information

• (2) Nothing in subparagraph (1) shall prevent the disclosure of information in a report made to the Appeal Board or by or on behalf of the Appeal Board to the Minister.

Prohibition of improper influence

• (2) If the member or secretary is of opinion that any communication is in contravention of subparagraph (1), he or she shall not entertain it further and shall immediately inform the Appeal Board in writing of its substance, and the Appeal Board shall acknowledge in writing the receipt of such information.

Reports to Minister

PART 2 Appeals

General

Decisions of Authority subject to appeal

• (a) refusing under section 31(3)(g), (h) or (i) to issue a licence,

• (b) declining under section 63(2) to cause to be carried out an investigation of the matter the subject of a complaint,

• (c) imposing under section 68(4) (a) a minor sanction,

• (d) dismissing under section 68(4) (c) a complaint, or

• (e) refusing to make a grant or relating to the amount of the grant made,

may, within 30 days from the date of receipt of notice of the decision, appeal to the Appeal Board against the decision by serving on the Appeal Board a notice of appeal which complies with paragraph 14(1).

Notice of appeal requirements

• (a) the name and address of the appellant,

• (b) the subject matter of the appeal,

• (c) the appellant’s interest in its outcome, and

• (d) the grounds of the appeal and the reasons, considerations and arguments on which they are based,

and shall be accompanied by the appropriate fee (if any) and by such documents relating to the appeal as the appellant considers necessary or appropriate.

• (2) The appellant shall not, unless requested to do so by the Appeal Board, elaborate in writing on or make further submissions in writing in respect of the grounds of appeal stated in the notice of appeal or submit further grounds of appeal, and any such elaboration or further submission received by the Appeal Board shall not be considered by it.

• (3) Without prejudice to paragraph 23, the Appeal Board shall not consider any documents submitted by an appellant at the appeal other than those which accompanied the notice of appeal.

Appeal Board not to consider appeal out of time, etc.

Authority to be party to appeal

Other parties to appeal

Notification of appeal

• (a) the Authority, and

• (b) if paragraph 17 is applicable, the other party to the complaint.

Withdrawal of appeal

Documents to be supplied to Appeal Board by Authority

• (a) the application for the licence or the licence or the complaint concerned and any other information received in that regard from the applicant, licensee or complainant, as the case may be,

• (b) any investigation report (or investigation reports if section 68(4)(b) is applicable) or other report prepared for the Authority or other relevant documents or information in its possession in respect of its decision which is the subject of the appeal (including any submissions referred to in section 68(2) and (5)(b)),

• (c) the record of the decision of the Authority which is the subject of the appeal, and

• (d) the notice of the decision to the persons concerned.

Submissions by Authority on appeal

• (2) Where no submissions have been received from the Authority within the period referred to in subparagraph (1), the Appeal Board may, without further notice to the Authority, determine the appeal.

• (3) The Authority shall not, unless requested to do so by the Appeal Board, elaborate in writing on any submissions made under subparagraph (1) or make any further submissions in writing in respect of the appeal, and any such elaboration or further submissions, as the case may be, shall not be considered by the Appeal Board.

• (4) Where a party to a complaint appeals against a decision to which paragraph 17 applies, this paragraph shall apply in respect of the other party to the complaint as if references in this paragraph to the Authority were references to that other party.

Submissions by person not party to appeal

• (2) The person shall not, unless requested to do so by the Appeal Board, elaborate in writing on any submissions made under subparagraph (1) or make any further submissions in writing in respect of the appeal, and any such elaboration or further submissions, as the case may be, shall not be considered by the Appeal Board.

Further information required by Appeal Board

• (a) requiring the party or person, as the case may be, to submit to it such information or documents as are specified in the notice, within the period specified in the notice (referred to in this paragraph as “the specified period”), being not less than 14 days beginning on the date of service of the notice, and

• (b) stating that, if clause (a) is not complied with, it may determine the appeal after the expiration of the specified period without further notice to the party or person, as the case may be.

• (2) Where a notice has been served on a person under this paragraph, the Appeal Board, at any time after the expiration of the specified period, may, whether or not the notice has been complied with, determine the appeal without further notice to the person.

Determination of appeal

• (a) by confirming the decision of the Authority to which the appeal relates,