Property Services (Regulation) Act 2011

41.

Notification of material matter to Authority.

41.— (1) A licensee shall give notice in writing to the Authority as soon as is practicable but, in any case, not later than 30 days after that matter comes to the knowledge of the licensee, of any material matter which would be likely to affect the validity of the licensee’s licence.

(2) A contravention of subsection (1) is not improper conduct if, in the case of a licensee who has been convicted of an offence, or against whom proceedings for an offence are pending, in a place other than the State, the offence does not correspond with any offence under the law of the State.

(3) Subsections (1) and (2) shall apply to an applicant for a licence as if the applicant were a licensee in respect of the property service or property services, as the case requires, for which the applicant is seeking a licence or licences.

(4) In this section—

“change in the principal officers”, in relation to a body corporate or a partnership, means a person becoming or ceasing to be, by whatever means, a principal officer of the body corporate or the partnership, as the case may be;

“material matter”, in relation to a licensee or an applicant for a licence, includes—

( a) the imposition of conditions on any registration or licence or other authorisation, the revocation, suspension, withdrawal or removal of any registration or licence or other authorisation, or the refusal to grant registration or a licence or other authorisation, by any regulatory body in or outside the State in respect of any capacity or former capacity of the applicant or licensee, as the case may be, as a provider of—

(i) property services in or outside the State,

(ii) services relevant to the provision of such property services,

( b) any conviction for an offence (whether imposed in or outside the State) other than an offence prescribed for the purposes of this paragraph by regulations made under section 95 ,

( c) any proceedings pending for an offence which falls within paragraph (b), and

( d) in the case of a licensee or an applicant which or who is a body corporate or a partner in a partnership, any change in the principal officers of the body corporate or partnership, as the case may be.