Property Services (Regulation) Act 2011

SCHEDULE 8

Consequential Amendments to Other Enactments

Amendment of section 35 of Sea Fisheries Act 1952.

1. Section 35 of the Sea Fisheries Act 1952 is amended by substituting the following for subsection (2):

“(2) This section shall not apply to any person holding a licence within the meaning of section 2(1) of the Property Services (Regulation) Act 2011, or a relevant authorisation within the meaning of section 82 of that Act, in respect of a service which falls, or substantially falls, as the case requires, within paragraph (a) of the definition of ‘property service’ in that first-mentioned section.”.

Amendment of section 8 of Pawnbrokers Act 1964.

2. Section 8 (inserted by section 153 of the Consumer Credit Act 1995) of the Pawnbrokers Act 1964 is amended, in subsection (3), in paragraph ( e), by substituting the following for subparagraph (v):

“(v) a licence within the meaning of section 2(1) of the Property Services (Regulation) Act 2011, or a relevant authorisation within the meaning of section 82 of that Act, in respect of a service which falls, or substantially falls, as the case requires, within paragraph (a) of the definition of ‘property service’ in that first-mentioned section,”.

Amendment of section 30 of Pawnbrokers Act 1964.

3. Section 30(1) of the Pawnbrokers Act 1964 is amended by inserting “and who is the holder of a licence within the meaning of section 2(1) of the Property Services (Regulation) Act 2011, or a relevant authorisation within the meaning of section 82 of that Act, in respect of a service which falls, or substantially falls, as the case requires, within paragraph (a) of the definition of ‘property service’ in that first-mentioned section” after “Minister”.

Amendment of section 13 of Firearms Act 1964.

4. Section 13(2) of the Firearms Act 1964 is amended by inserting “(being the holder of a licence within the meaning of section 2(1) of the Property Services (Regulation) Act 2011, or a relevant authorisation within the meaning of section 82 of that Act, in respect of a service which falls, or substantially falls, as the case requires, within paragraph (a) of the definition of ‘property service’ in that first-mentioned section)” after “auctioneer”.

Amendment of section 44 of Bankruptcy Act 1988.

5. Section 44(4)( b) of the Bankruptcy Act 1988 is amended by substituting “ section 52(1) of the Property Services (Regulation) Act 2011” for “section 7(1)( a) of the Auctioneers and House Agents Act 1967”.

Substitution of section 32 of Building Societies Act 1989.

6. The Building Societies Act 1989 is amended by substituting the following for section 32:

“Services relating to land.

32.— (1) Subject to section 36, a building society may provide services relating to land.

(2) ( a) Regulations may be made by the Minister, after consultation with the Central Bank, in respect of the provision by societies or their subsidiaries of services relating to land.

( b) Without prejudice to the generality of paragraph ( a), regulations under this subsection may include provisions for—

(i) the protection of persons for whom the services relating to land are provided by societies from conflicts of interest that might otherwise arise in connection with the provision of such services;

(ii) securing that adequate compensation is available to such persons in respect of negligence, fraud or other dishonesty on the part of officers or employees of societies in connection with the provision of such services;

(iii) the extent to which and the manner in which such services would require the involvement of persons with relevant qualifications and experience;

(iv) the class or classes of persons to whom such services may be provided;

(v) the restriction of the power to provide such services to societies of a prescribed class or classes; or

(vi) amending, restricting or extending the definition of such services that may be provided under this section.

(3) No employee of a society, a subsidiary or other associated body of which provides services relating to land under this section, shall act as agent for the subsidiary or body.

(4) ( a) A society or a subsidiary of a society providing services relating to land shall maintain separate accounting records and prepare accounts in respect of each year showing—

(i) the costs of providing each service, and

(ii) the income accruing from the charges made for the services,

and shall so provide and charge for each service that the income from the provision of the service is not less than sufficient to meet all costs properly attributable to the provision of the service taking one year with another.

( b) A statement attesting the correctness of the accounts prepared in accordance with paragraph ( a) and confirming that such accounts have not been distorted as a result of any arrangement which would affect the apportionment of costs and income associated with the provision of each service and that such apportionments as have been made have been properly made shall be signed by the chief executive and 2 directors and attached to the annual accounts.

(5) In this section, ‘services relating to land’ means any service relating to the acquisition, disposition, management or development of land (including valuation, surveying, the collection of rent and the removal and storage of moveable property) or other services of a similar nature (including advisory services) that appear to the Central Bank to be services relating to such matters, but, and without prejudice to the generality of section 3 of the Property Services (Regulation) Act 2011, does not include the provision of a property service within the meaning of section 2(1) of that Act.”.

Amendment of section 36 of Building Societies Act 1989.

7. Section 36(1)( f) of the Building Societies Act 1989 is amended by deleting “auctioneering services and”.

Amendment of section 2 of Casual Trading Act 1995.

8. Section 2 of the Casual Trading Act 1995 is amended, in subsection (2), by substituting the following for paragraph ( a):

“( a) selling by auction (other than by Dutch auction) by the holder of a licence within the meaning of section 2(1) of the Property Services (Regulation) Act 2011, or a relevant authorisation within the meaning of section 82 of that Act, in respect of a service which falls, or substantially falls, as the case requires, within paragraph (a) of the definition of ‘property service’ in that first-mentioned section,”.

Amendment of Stamp Duties Consolidation Act 1999.

9. The Stamp Duties Consolidation Act 1999 is amended by inserting the following sections after section 137A:

“Information exchange with Property Services Regulatory Authority.

137B.— (1) In this section “Authority” means An tUdarás Rialála Seirbhísí Maoine or, in the English language, the Property Services Regulatory Authority.

(2) Notwithstanding any obligation to maintain secrecy or any other restriction on the disclosure or production of information obtained by or furnished to the Commissioners, the Commissioners shall, at such intervals as are specified by the Authority on or after the establishment day within the meaning of section 2(1) of the Property Services (Regulation) Act 2011, supply to the Authority, such information in the Commissioners’ e-stamping system (including information which was in that system before that establishment day) as may be required by the Authority for the performance of the functions of the Authority.

Provision of information to Commissioner of Valuation.

137C.— (1) In this section “Commissioner of Valuation” means a Commissioner appointed under section 9(5) of the Valuation Act 2001.

(2) Notwithstanding any obligation to maintain secrecy or any other restriction on the disclosure or production of information obtained by or furnished to the Commissioners, the Commissioners shall, at such intervals as are specified by the Commissioner of Valuation, supply to the Commissioner of Valuation such information in the Commissioners’ e-stamping system as may be required by the Commissioner of Valuation for the performance of the functions of the Commissioner of Valuation.”.

Amendment of Schedule 5 to Social Welfare Consolidation Act 2005.

10. Schedule 5 to the Social Welfare Consolidation Act 2005 is amended, in paragraph 1(4), by substituting the following for “the Probate Office,”:

“the Probate Office,

the Property Services Regulatory Authority,”.