Property Services (Regulation) Act 2011

11.

Functions of Authority.

11.— (1) Subject to this Act, the Authority shall control and supervise licensees and maintain and improve standards in the provision by them of property services.

(2) Without prejudice to the generality of subsection (1), the Authority may, and where required by this Act shall—

( a) issue and renew licences,

( b) establish and maintain the Register,

( c) specify and enforce—

(i) qualification requirements, including levels of education, training and experience, and

(ii) any other requirements, including the nature and minimum levels of professional indemnity insurance,

for the issue and renewal of licences,

( d) specify and enforce standards, including—

(i) technical standards, and

(ii) appropriate ethical standards,

to be observed in the provision of property services by licensees,

( e) disseminate information in respect of qualification requirements and other requirements referred to in paragraph (c), and standards referred to in paragraph (d), to such extent and in such manner as it thinks fit,

( f) establish, maintain and administer the Fund,

( g) where appropriate, cause the provision of any property service by any licensee or other person to be investigated,

( h) establish and administer a system of investigation of licensees, whether following complaints against licensees or otherwise,

( i) impose minor sanctions or major sanctions on licensees,

( j) apply to the High Court for the confirmation of the imposition of major sanctions on licensees,

( k) promote public awareness and disseminate information to the public in respect of property services, in particular the cost of such services, and the risks and benefits associated with the provision of those services,

( l) promote the development and adoption of codes of practice,

( m) keep the Minister informed of developments in respect of the provision of property services by licensees and assist the Minister in co-ordinating and developing policy in that regard,

( n) undertake or commission, or collaborate or assist in, research projects and other activities in respect of the provision of property services, in order to promote and improve standards for the provision of those services and public awareness of them,

( o) maintain and publish particulars of residential property sales prices,

( p) establish and maintain the Commercial Leases Database, and

( q) perform any other functions conferred on it by any other provision of this Act or any other enactment or by regulations made under this Act or any other enactment.

(3) The Authority shall, in performing its functions under this Act, promote the best interests of clients and other users and potential users of property services in a manner that is consistent with the orderly and proper functioning of the property services markets and the orderly control and supervision of the providers of those services.

(4) The Minister may, with the consent of the Minister for Public Expenditure and Reform, by order—

( a) confer on the Authority such additional functions relating to property services and connected with the functions conferred on it by subsections (1), (2) and (3) or any order made under this subsection as the Minister thinks fit, and

( b) make such provision as the Minister considers necessary or expedient in respect of matters ancillary to or arising out of any of the functions referred to in paragraph (a).

(5) Subject to this Act, the Authority may do anything which it considers necessary or expedient to enable it to perform its functions, including liaison and co-operation with other statutory bodies and with other relevant professional and consumer bodies.

(6) Any function of the Authority may, without prejudice to its general responsibilities under this Act, be performed through or by the Chief Executive or any member of its staff duly authorised in that behalf by the Authority.

(7) The Chief Executive or a member of staff of the Authority who performs any of its functions is presumed in any proceedings to have been authorised by it to do so on its behalf, unless the contrary is shown.