Property Services (Regulation) Act 2011

73.

Matters to be considered in determining sanctions to be imposed.

73.— The Authority or the High Court, as appropriate, in considering—

( a) the minor sanction or major sanction to be imposed on a licensee pursuant to section 68(4)(a) ,

( b) the minor sanction (if any) or major sanction (if any) to be imposed on a licensee pursuant to a decision confirmed or given under section 70(3) or 71(2) ,

shall take into account the circumstances of the improper conduct concerned (including the factors occasioning it) and, without prejudice to the generality of the foregoing, may have regard to—

(i) the need to ensure that any sanction imposed—

(I) is appropriate and proportionate to the improper conduct, and

(II) if applicable, will act as a sufficient incentive to ensure that any like improper conduct will not occur in the future,

(ii) the seriousness of the improper conduct,

(iii) the income of the licensee in the financial year ending in the year previous to the year in which the improper conduct last occurred and the ability of the licensee to pay an amount which falls within paragraph (c), (d), (e) or (f) of the definition of “major sanction” in section 2(1) ,

(iv) the extent of any failure by the licensee to co-operate with the investigation concerned of the licensee,

(v) any excuse or explanation by the licensee for the improper conduct or failure to co-operate with the investigation concerned,

(vi) any gain (financial or otherwise) made by the licensee or by any person in which the licensee has a financial interest as a consequence of the improper conduct,

(vii) the amount of any loss suffered or costs incurred as a result of the improper conduct,

(viii) the duration of the improper conduct,

(ix) the repeated occurrence of improper conduct by the licensee,

(x) if applicable, the continuation of the improper conduct after the licensee was notified of the investigation concerned,

(xi) in the case of a property services employer, the extent to which the employer knew, or ought to have known, that the improper conduct had occurred or was occurring,

(xii) if applicable, the absence, ineffectiveness or repeated failure of internal mechanisms or procedures of the licensee intended to prevent improper conduct from occurring,

(xiii) if applicable, the extent and timeliness of any steps taken to end the improper conduct and any steps taken for remedying the consequences of the improper conduct,

(xiv) whether a sanction in respect of like improper conduct has already been imposed on the licensee by a court, the Authority or another person, and

(xv) any precedents set by a court, the Authority or another person in respect of previous improper conduct.