Property Services (Regulation) Act 2011


Offence to use licence issued to another person.

38.— (1) A person shall not with intent to deceive—

( a) produce for inspection a licence issued to another person,

( b) permit the inspection of a licence issued to another person, or

( c) make or use a document purporting to be a licence, alter a licence or use an altered licence.

(2) A person who contravenes subsection (1) is guilty of an offence and liable on summary conviction to a class A fine or imprisonment for a term not exceeding 12 months or both.

(3) Subject to subsection (4), where a licensee is convicted of an offence under subsection (2), the court may, after having regard to the nature of the offence and the circumstances in which it was committed, order that the licence held by the licensee be revoked and that the former licensee be prohibited (which may be a permanent prohibition, a prohibition for a specified period or a prohibition subject to specified conditions) from applying for any new licence or a particular class of new licence.

(4) An order under subsection (3) shall not take effect until—

( a) the ordinary time for bringing an appeal against the conviction concerned or the order has expired without any such appeal having been brought,

( b) any such appeal has been withdrawn or abandoned, or

( c) on any such appeal, the conviction or order, as the case may be, is upheld.

(5) In this section, “licence” includes a duplicate of a licence.