Property Services (Regulation) Act 2011

SCHEDULE 7

Modifications of this Act in Relation to Relevant Persons

1. Except as provided otherwise in this Schedule, sections 29 to 36 , 39 and 40 , paragraph (d) of the definition of “material matter” in section 41(4) , sections 45 , 52 , 53 , 77 to 81 , 89 and 98 to 100 and paragraph 13 (except clauses (b), (c) and (d)) of Schedule 5 shall not have effect in relation to relevant persons.

2. In section 2(1)

( a) in the definitions of “accounting records”, “advised letting value”, “advised market value”, “bank”, “business”, “client”, “client account”, “client moneys”, “financial services”, “improper conduct”, “investigation report”, “minor sanction”, “professional indemnity insurance” and “relevant price range”, any reference to a licensee is a reference to a relevant person, and

( b) in the definition of “major sanction”—

(i) any reference to a licensee is a reference to a relevant person,

(ii) the reference in paragraph (a) of that definition to the revocation of a licence is a reference to the prohibition of the relevant person from providing a property service in the State,

(iii) the reference in paragraph (b) of that definition to the suspension for a specified period of a licence is a reference to a prohibition of the relevant person from providing a property service in the State for a specified period, and

(iv) paragraph (c) is deleted.

3. Section 2 is amended by substituting the following for subsection (2):

“(2) For the purposes of this Act, a property service shall be regarded as being provided in the State if the property service is provided by—

( a) a relevant person established in the State and whether or not—

(i) the client concerned is ordinarily resident in the State, or

(ii) the property concerned is located in the State,

( b) a relevant person who is an individual physically in the State—

(i) where the client concerned is ordinarily resident in the State, and

(ii) whether or not the property concerned is located in the State,

or

( c) in the case of a relevant person which is not an individual, any principal officer, employee or agent of the relevant person who is both an individual and physically in the State—

(i) where the client concerned is ordinarily resident in the State, and

(ii) whether or not the property concerned is located in the State.”.

4. In section 2(5) and (6) , any reference to a licensee or former licensee is a reference to a relevant person or former relevant person respectively.

5. In section 11(1) and (2)(d), (g), (h), (i), (j) and (m), any reference to a licensee is a reference to a relevant person.

6. In section 18(7) , (10) and (11), any reference to a licensee is a reference to a relevant person.

7. (1) Section 28(1) is amended by deleting “unless the person is the holder of a licence which is in force in respect of that property service” and substituting “unless the person is a relevant person and that property service is the corresponding property service within the meaning of section 82 ”.

(2) In section 28(2) , any reference to a licensee is a reference to a relevant person.

8. In section 37

( a) any reference to a licensee is a reference to a relevant person,

( b) any reference to a licence is a reference to a relevant authorisation, and

( c) any reference to a licensee’s registration number is a reference to the number (if any) assigned to the relevant person or the relevant person’s relevant authorisation which distinguishes that relevant person from any other relevant person holding a relevant authorisation from the same competent authority as the first-mentioned relevant authorisation is held.

9. Section 38 is amended—

( a) by substituting the following for subsection (3):

“(3) Subject to subsection (4), where a relevant person is convicted of an offence under subsection (2), the court may, after having regard to the nature of the offence and the circumstances in which it was committed, order that the relevant person be prohibited (which may be a permanent prohibition, a prohibition for a specified period or a prohibition subject to specified conditions) from providing any property service or a particular class of property service.”,

and

( b) in subsection (5), by inserting “, a relevant authorisation within the meaning of section 82 and a duplicate of such a relevant authorisation” after “a licence”.

10. In section 41

( a) any reference to a licensee is a reference to a relevant person, and

( b) any reference to a licence is a reference to a relevant authorisation.

11. In section 42(1) , any reference to a licensee is a reference to a relevant person.

12. In sections 43 and 44 , any reference to a licensee is a reference to a relevant person.

13. In section 46 , any reference to a licensee is a reference to a relevant person.

14. (1) In section 47(1) and (3), any reference to a licensee is a reference to a relevant person.

(2) Section 47 is amended—

( a) by substituting the following for subsection (5):

“(5) Subject to subsection (6), where a relevant person is convicted summarily of an offence under subsection (1) or (3) , the court may, after having regard to the nature of the offence and the circumstances in which it was committed, order that the relevant person be prohibited (which may be a permanent prohibition, a prohibition for a specified period or a prohibition subject to specified conditions) from providing any property service or a particular class of property service.”,

and

( b) by substituting the following for subsection (7):

“(7) Subject to subsection (8), where a relevant person is convicted on indictment of an offence under subsection (1) or (3) , the court shall order that the relevant person be permanently prohibited from providing any property service.”.

15. In section 48

( a) any reference to a licensee is a reference to a relevant person, and

( b) any reference to a former licensee is a reference to a former relevant person.

16. In sections 49 to 51 , any reference to a licensee is a reference to a relevant person.

17. In section 54

( a) any reference to a licensee is a reference to a relevant person,

( b) any reference to a former licensee is a reference to a former relevant person, and

( c) the reference in paragraph (b) of subsection (1) to the revocation or suspension of a licence is a reference to the prohibition of the relevant person from providing a property service or from providing a property service for a specified period respectively.

18. In Part 6 , any reference to a licensee is a reference to a relevant person.

19. In Part 7

( a) any reference to a licensee is a reference to a relevant person, and

( b) any reference in section 64 to the suspension of a licence is a reference to a prohibition of the relevant person from providing a property service in the State, whether for a period, or until the occurrence of an event, referred to in that section.

20. Section 66 is amended—

( a) by substituting the following for subsection (18):

“(18) Subject to subsection (19), where a relevant person is convicted summarily of an offence under subsection (17), the court may, after having regard to the nature of the offence and the circumstances in which it was committed, order that the relevant person be prohibited (which may be a permanent prohibition, a prohibition for a specified period or a prohibition subject to specified conditions) from providing any property service or a particular class of property service.”,

and

( b) by substituting the following for subsection (20):

“(20) Subject to subsection (21), where a relevant person is convicted on indictment of an offence under subsection (17), the court shall order that the relevant person be permanently prohibited from providing any property service.”.

21. In section 90 , any reference to a licensee is a reference to a relevant person.

22. Section 94 is amended by substituting the following for subsection (2):

“(2) Subject to subsection (3), where a relevant person 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 relevant person be prohibited (which may be a permanent prohibition, a prohibition for a specified period or a prohibition subject to specified conditions) from providing any property service or a particular class of property service.”.

23. In section 95(1)(c) and (f), any reference to a licensee is a reference to a relevant person.

24. In Schedule 2

( a) any reference to a licensee (except in paragraph 1 (k)) is a reference to a relevant person, and

( b) the reference in paragraph 1 (a) to the registration number of a licensee is a reference to the number (if any) assigned to the relevant person or the relevant person’s relevant authorisation which distinguishes that relevant person from any other relevant person holding a relevant authorisation from the same competent authority as the first-mentioned relevant authorisation is held.

25. Schedule 2 is amended, in paragraph 1

( a) in clause (n), by substituting “thereon,” for “thereon, and”,

( b) in clause (o), by substituting “licensee,” for “licensee.”, and

( c) by inserting the following new clauses after clause (o):

“( p) whether or not the relevant person is, in the provision of the property service, subject to a scheme of protection for clients similar to that afforded by the Fund to clients of a licensee in the provision of a property service,

( q) details of the professional indemnity insurance cover available to the relevant person in the provision of the property service,

( r) particulars of the competent authority which issued the relevant authorisation held by the relevant person, and

( s) particulars of where the conditions (if any) subject to which the relevant person may provide the corresponding property service are available for inspection by a client or potential client of the relevant person.”.

26. Schedule 5 is amended, in paragraph 20, by substituting the following for clause (a):

“( a) the complaint concerned (if any) and any other information received in that regard from the complainant,”.