Property Services (Regulation) Act 2011

PART 11

Property Services Provided by Certain Persons from EU Member States

82.

Part 11 and Schedule 7.

82.— In this Part and Schedule 7 , unless the context otherwise requires—

“competent authority” means any competent authority within the meaning of Article 4 of Directive 2006/123/EC that has functions in relation to persons who provide a service that substantially corresponds to a service which falls within any of paragraphs (a) to (d) of the definition of “property service” in section 2(1) ;

“corresponding property service”, in relation to a relevant person, has the meaning assigned to it by the definition of “relevant person”;

“relevant authorisation”, in relation to a relevant person, means the licence or other form of authorisation, referred to in paragraph (a) of the definition of “relevant person”, held by the relevant person;

“relevant person” means a person who—

( a) holds from a competent authority a licence or other form of authorisation that is in force and that authorises the person to provide a service (in this definition referred to as “the relevant property service”) that substantially corresponds to a service which falls within any of paragraphs (a) to (d) of the definition of “property service” in section 2(1) (in this definition referred to as “the corresponding property service”),

( b) is, in the provision of the relevant property service to clients (whether within or outside the State), subject to a scheme of protection for such clients which substantially corresponds to the provisions of Part 5 ,

( c) proposes to provide, or is providing, in the State the corresponding property service, and

( d) is not prohibited under this Act from providing the corresponding property service.