Property Services (Regulation) Act 2011

54.

Power of Authority to deal with documents.

54.— (1) Where—

( a) either—

(i) the Authority refuses to renew a licence, or

(ii) a licence is revoked or suspended under this Act,

and

( b) the Authority is of the opinion that adequate arrangements have not been made for the return to clients of the licensee or former licensee to whom such refusal, suspension or revocation, as the case may be, relates of any documents within the possession or in the control, or within the procurement, of the licensee or former licensee, as the case may be,

the Authority may, by notice in writing given to the licensee or former licensee, as the case may be, require the licensee or former licensee, as the case may be, or any other person in possession or control of such documents, to produce the documents, to a person appointed by the Authority for the purpose, at a time and place specified by the Authority in the notice.

(2) Where a person the subject of a requirement under subsection (1) does not comply or fully comply with that requirement, the Authority may apply in a summary manner to the Circuit Court, on notice to that person, for an order requiring the person to comply or comply fully, as the case may be, with the requirement within a period to be specified by the Court and the Court may make the order applied for or such other order as it thinks fit.

(3) Where the Authority takes possession of documents produced under this section—

( a) it shall serve on the person by whom the documents were produced, a notice giving particulars of the documents and the date of taking possession thereof, and

( b) it may make such enquiries as may be reasonably necessary to ascertain the person or persons entitled to the possession or custody of such documents, or any of them, and may thereafter deal with such documents, or any of them, in accordance with the directions of such person or persons so entitled.

(4) Within 14 days from the service of a notice under subsection (3) on a person, the person may apply in a summary manner to the Circuit Court for an order directing the Authority to return the documents taken by the Authority to him or her or to such other person or persons as the applicant may require and the Court may make the order applied for or such other order as it thinks fit.

(5) An application under subsection (2) to the Circuit Court shall be made to a judge of that Court for the circuit in which the person the subject of the application resides or ordinarily carries on any profession, business or occupation.