Property Services (Regulation) Act 2011

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(ii) the application referred to in paragraph (b) (iii) shall be deemed to have been withdrawn by the second-mentioned person concerned.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