Property Services (Regulation) Act 2011

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.