Property Services (Regulation) Act 2011

30.

Application for licence.

30.— (1) A person may make an application in the specified form to the Authority for a licence to provide the property service specified in the application (or, if more than one property service is specified in the application, a licence for each of the property services specified in the application) unless the person is prohibited from making such an application by virtue of the imposition on the person of a major sanction which falls within paragraph (a) or (b) of the definition of “major sanction” in section 2(1) or by virtue of an order under section 38(3) , 47(5) or (7), 66(18) or (20) or 94(2) .

(2) Without prejudice to the generality of section 97 , an application under subsection (1) shall be accompanied by—

( a) references as to the applicant’s character and competence (including any required levels of education, training and experience) relevant to the licence or licences the subject of the application,

( b) in the case of an application for a licence to provide a property service as a property services employer or an independent contractor, a report in the specified form by a duly qualified accountant that appropriate financial systems and controls are or will be in place for the protection of client moneys if the applicant were to be so licensed,

( c) evidence in writing of the availability to the applicant of the required level of professional indemnity insurance if the licence or licences the subject of the application is or are, as the case may be, issued to the applicant, and

( d) the appropriate fee.

(3) Without prejudice to sections 32 , 33 and 42, the Authority may—

( a) require an applicant to provide in the specified form, or by affidavit, such additional information in respect of the applicant’s character, competence and financial position, and make such inquiries and conduct such examinations in that regard, as it considers necessary,

( b) require the applicant to provide a certificate in the specified form by a member of the Garda Síochána not below the rank of superintendent containing such particulars in respect of the applicant as are requisite for the due performance of the Authority’s functions in relation to the applicant.

(4) Subject to subsection (5), in this section, references to an applicant’s character, competence and financial position include, in the case of an applicant which is a body corporate or a partner in a partnership, references to the character, competence and financial position of any of the principal officers of the body corporate or partnership, as the case may be.

(5) Where an applicant is seeking to be licensed as an independent contractor and is a partner in a partnership, subsection (4) shall only apply to the other principal officers of the partnership to the extent necessary for the purposes of ascertaining whether or not section 31(3)(f) or (i)(iii) is applicable in the case of that partnership.

Annotations:

Modifications (not altering text):

C3

Minimum qualifications necessary pursuant to subs. (2)(a) for the grant of a licence to provide property services prescribed (30.12.2012) by Property Services (Regulation) Act 2011 (Qualifications) Regulations 2012 (S.I. No. 181 of 2012), in effect as per reg. 1(2).