Property Services (Regulation) Act 2011

31.

Issue or refusal of licence.

31.— (1) Subject to subsections (3) and (5) and sections 32 and 33 , the Authority may issue a licence to a person to provide the property service specified in the licence and such licence shall contain the registration number assigned to such person for the purposes of the Register in so far as it relates to that licence.

(2) When deciding whether to issue a licence, the Authority shall take into account any information supplied to it under sections 30 and 42 .

(3) Subject to section 34 , the Authority shall refuse to issue a licence to a person if—

( a) section 30 has not been complied with in respect of the person,

( b) the appropriate contribution to the Fund has not been paid in respect of the person,

( c) the person has not furnished sufficient proof to show that there is available to the person the required level of professional indemnity insurance in respect of the licence,

( d) in the case of an individual (not being a partner in a partnership), the person—

(i) is under 18 years of age, or

(ii) is an undischarged bankrupt,

( e) in the case of a body corporate (not being a partner in a partnership), any principal officer of the body corporate is an undischarged bankrupt,

( f) in the case of a partner in a partnership—

(i) any partner is under 18 years of age, or

(ii) any principal officer of the partnership is an undischarged bankrupt,

( g) in the case of an individual (not being a partner in a partnership), the Authority is satisfied that the person—

(i) is not a fit and proper person to provide the property service concerned, or

(ii) does not comply with any requirement (not being a requirement referred to in any of paragraphs (a) to (f) of this subsection) of this Act or of regulations made under this Act applicable to the person,

( h) in the case of a body corporate (not being a partner in a partnership), the Authority is satisfied that—

(i) any principal officer of the body corporate is not a fit and proper person to hold the position concerned in a body corporate which is providing the property service concerned, or

(ii) the body corporate does not comply with any requirement (not being a requirement referred to in any of paragraphs (a) to (f) of this subsection) of this Act or of regulations made under this Act applicable to a body corporate,

or

( i) in the case of a partner in a partnership, the Authority is satisfied that—

(i) if the partner is an individual, the partner is not a fit and proper person to provide the property service concerned,

(ii) subject to subsection (4), any other principal officer of the partnership is not a fit and proper person to hold the position concerned in a partnership which is providing the property service concerned, or

(iii) the partnership does not comply with any requirement (not being a requirement referred to in any of paragraphs (a) to (f) of this subsection) of this Act or of regulations made under this Act applicable to the partnership.

(4) Subsection (3)(i)(ii) shall only apply in the case of a partner in a partnership who is seeking to be licensed as a property services employer.

(5) Where a person is licensed as a property services employer, it shall be a condition of the licence (including the licence as renewed from time to time) that the licensee shall take all reasonable steps to ensure that—

( a) in the case of a licensee which is a body corporate (not being a partner in a partnership), the principal officers of the body corporate are fit and proper persons to hold the positions respectively held by them in the body corporate (whether or not any of the principal officers also holds a licence) having regard to—

(i) the functions respectively performed by the occupants of such positions, and

(ii) the nature of the property service which the body corporate is licensed to provide,

and

( b) in the case of a licensee who is a partner in a partnership—

(i) if the partner is an individual, the other principal officers of the partnership are fit and proper persons to hold the positions respectively held by them in or of the partnership (whether or not any of the principal officers also holds a licence) having regard to—

(I) the functions respectively performed by the occupants of such positions, and

(II) the nature of the property service which the partner is licensed to provide,

(ii) if the partner is a body corporate, the principal officers of the partnership are fit and proper persons to hold the positions respectively held by them in or of the partnership (whether or not any of the principal officers also holds a licence) having regard to—

(I) the functions respectively performed by the occupants of such positions, and

(II) the nature of the property service which the body corporate is licensed to provide.

(6) A licence, unless sooner surrendered or revoked or otherwise ceasing to be in force, shall remain in force for a period of one year from the date on which it is issued or for such longer period (if any) as may be prescribed by regulations made under section 95 for the purposes of this subsection.

(7) A licence—

( a) does not confer any right of property, and

( b) may not be transferred or assigned or be mortgaged, charged or otherwise encumbered.