Property Services (Regulation) Act 2011

72.

Provisions supplementary to sections 70 and 71.

72.— (1) The decision of the High Court on an appeal under section 70(1) or an application under section 71(1) is final except that the Authority or the licensee the subject of the decision may, by leave of the Court or the Supreme Court, appeal against the decision to the Supreme Court on a specified question of law.

(2) Where the High Court confirms or gives a decision under section 70(3) or 71(2) , the Authority shall, as soon as is practicable after the decision is confirmed or given, as the case may be, give notice in writing of the decision to the licensee the subject of the decision and, if the decision provides for the imposition of a major sanction on the licensee which falls within paragraph (b) of the definition of “major sanction” in section 2(1) , the notice shall specify the day on which the relevant period referred to in that paragraph is to commence, being a day not earlier than 7 days from the date on which the decision is confirmed or given, as the case may be.

(3) A licence which is suspended pursuant to a decision confirmed or given under section 70(3) or 71(2) by the High Court shall not be in force during the period of its suspension.

(4) A person whose licence has been revoked or suspended pursuant to a decision confirmed or given under section 70(3) or 71(2) by the High Court shall comply with any directions of the Authority given to the person in respect of the surrender or temporary surrender of the licence and any duplicates thereof.

(5) A person who, without reasonable excuse, contravenes a direction referred to in subsection (4) 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.

(6) The Authority may recover, as a simple contract debt in any court of competent jurisdiction, from the person by whom it is payable any amount due and owing to the Authority or the Fund pursuant to a decision confirmed or given under section 70(3) or 71(2) by the High Court.

(7) All payments made to the Authority of any amount due to the Authority pursuant to a decision confirmed or given under section 70(3) or 71(2) by the High Court shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Public Expenditure and Reform may direct.

(8) Where an investigation arose from a complaint, the Authority shall give to the complainant a copy of a notice given or to be given under subsection (2) to a licensee at the same time as the notice is given to the licensee or as soon as is practicable thereafter.