Property Services (Regulation) Act 2011

98

Interpretation of transitional provisions.

98.— In the transitional provisions—

“Act of 1947” means the Auctioneers and House Agents Act 1947;

“final determination”, in relation to an application under section 30 referred to in section 99(1)(b) made by a person concerned for a licence to provide a property service concerned, means—

(a) the issue under section 31(1) by the Authority of a licence to the person concerned to provide the property service concerned,

(b) the refusal under section 31(3)(a), (b), (c), (d), (e) or (f) by the Authority to issue a licence to the person concerned to provide the property service concerned,

(c) subject to paragraph (d), the refusal under section 31(3)(g), (h) or (i) by the Authority to issue a licence to the person concerned to provide the property service concerned and the taking effect of that decision in accordance with section 76, or

(d) if there is an appeal to the Appeal Board against a refusal referred to in paragraph (c)

(i) the withdrawal of the appeal as specified in paragraph 19 of Schedule 5 ,

(ii) the confirmation of the decision of the Authority by the Appeal Board as specified in paragraph 24(1)(a) of Schedule 5,

(iii) the taking effect in accordance with section 76 of a new decision by the Authority as specified in paragraph 24(1)(b) of Schedule 5,

(iv) the taking effect of the Appeal Board’s determination in substitution for the decision of the Authority as specified in paragraph 24(1)(c) of Schedule 5,

(v) the dismissal of the appeal as specified in paragraph 25 of Schedule 5, or

(vi) the withdrawal of the appeal as specified in paragraph 31(2)(a) and (3) of Schedule 5,

as applicable;

“person concerned” has the meaning given to it by section 99(1);

“property service concerned” has the meaning given to it by section 99(1);

“transitional provisions” means this section and sections 99 and 100.