Property Services (Regulation) Act 2011

In short

This law establishes the Property Services Regulatory Authority and regulates the provision of property services, including licensing, professional conduct, and handling of client funds.

What it regulates

The establishment and functions of the Property Services Regulatory Authority.
The licensing requirements for individuals and entities providing property services.
Rules for handling client accounts and related financial matters.
Procedures for complaints, investigations, and sanctions against licensees.

Who it concerns

Individuals and entities providing property services.
The Property Services Regulatory Authority.

Key points

Property services are prohibited without a licence.
A Property Services Regulatory Authority is established to oversee the sector.
Licensees must maintain professional indemnity insurance.
Specific rules govern client accounts and the handling of client moneys.

Legal text

Property Services (Regulation) Act 2011 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.

ie)Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.
ie)Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(
s)or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 2011 Property Services (Regulation) Act 2011 Property Services (Regulation) Act 2011 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Revised Act Acht Athbh… Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán Number 40 of 2011 PROPERTY SERVICES (REGULATION) ACT 2011 ARRANGEMENT OF SECTIONS PART 1 Preliminary and General Section 1. Short title and commencement. 2. Interpretation. 3. Exemptions. 4. Application of this Act to principal officers and employees. 5. Laying of regulations and orders. 6. Expenses. 7. Repeals and revocation. PART 2 Property Services Regulatory Authority 8. Establishment day. 9. Establishment of Property Services Regulatory Authority. 10. Membership of Authority and terms of membership. 11. Functions of Authority. 12. Meetings. 13. Membership of either House of the Oireachtas, European Parliament or local authority. 14. Advisory committees, consultants and advisers. 15. Non-disclosure of information. 16. Strategic plans. 17. Reports to Minister. 18. Codes of practice. 19. Chief Executive. 20. Staff of Authority. 21. Superannuation. 22. Accounts and audits. 23. Accountability of Chief Executive to Oireachtas Committee established to examine, etc., appropriation accounts, etc. 24. Accountability of Chief Executive to other Oireachtas Committees. 25. Power to charge and recover fees. 26. Advances by Minister to Authority. 27. Inspectors. PART 3 Licences to Provide Property Services 28. Prohibition of unlicensed property service. 29. Register of licensees. 30. Application for licence. 31. Issue or refusal of licence. 32. Tax clearance. 33. Documents to accompany certain applications. 34. Notification to applicant of refusal to issue licence, etc. 35. Renewal of licence. 36. Notification to applicant of refusal to renew licence, etc. 37. Display and production of licences. 38. Offence to use licence issued to another person. 39. Issue of replacement licence, etc. 40. Surrender and seizure of licence following suspension or revocation, etc. 41. Notification of material matter to Authority. 42. Provision of information by Garda Síochána. PART 4 General Obligations of Licensees 43. Letter of engagement. 44. Retention of records. 45. Professional indemnity insurance. PART 5 Client Accounts and Related Matters 46. Keeping and preservation of client accounts and records. 47. Offences relating to client accounts and accounting records. 48. Control of banking accounts or assets of licensees. 49. Priority of claims to client moneys. 50. Preservation of lien and other rights. 51. Provisions regarding banks. 52. Vesting in Official Assignee of sums to credit of certain client accounts. 53. Provisions relating to client accounts in event of bankruptcy. 54. Power of Authority to deal with documents. PART 6 Sale or Letting of Land 55. Vendor to be given statement of advised market value, etc. 56. Estimate of selling price not to be less than advised market value, etc. 57. Evidence of reasonableness of advised market value. 58. Sale by auction. 59. Disclosure requirements applicable to vendor and licensee in relation to sale of residential property. 60. Prohibition on provision of financial services, etc. 61. Retention of records where sale of land other than by auction. 62. Regulations under Part 6. PART 7 Complaints, Investigations and Sanctions 63. Complaints against licensees. 64. Circumstances in which application may be made to High Court for immediate suspension of licence, etc. 65. Investigations. 66. Powers of entry and inspection, etc., of inspectors for purposes of investigation. 67. Protection for persons reporting improper conduct, etc. 68. Actions to be taken by inspector and Authority upon completion of investigation. 69. Confirmation of High Court required before decision under section 68

(4)(a) to impose major sanction takes effect.

Appeal to High Court against decision to impose major sanction.
Application to High Court to confirm decision to impose major sanction.
Provisions supplementary to sections 70 and
Matters to be considered in determining sanctions to be imposed. PART 8 Appeals Against Certain Decisions of Authority
Property Services Appeal Board.
Appeal to High Court on question of law.
Taking effect of certain decisions of Authority. PART 9 Property Services Compensation Fund
Property Services Compensation Fund.
Compensation for loss due to dishonesty. PART 10 Maintenance of Professional Competence of Licensees
Regulations may provide for professional competence schemes.
Review of professional competence scheme.
Duty of licensees to maintain professional competence. PART 11 Property Services Provided by Certain Persons from EU Member States
Interpretation of Part 11> and Schedule
Application of this Act to relevant persons.
Relations with competent authorities.
Effect of revocation or suspension of relevant person’s relevant authorisation. PART 12 Residential Property Sales Prices and Commercial Leases Database
Residential property sales prices.
Database of commercial property leases.
Tenants to provide Authority with particulars of relevant commercial leases. PART 13 Miscellaneous
Investigation of persons other than licensees.
Certain provisions to be void.
Publication of sanctions, etc.
Receipt of notice.
Restriction of Data Protection Act
Offences — general.
Regulations that may be made by Authority — general.
Regulations that may be made by Minister — general.
Power to specify form of documents.
Interpretation of transitional provisions.
Application of this Act to persons who were lawfully providing property service before commencement of relevant provisions of this Act in respect of that service.
Modification of operation of section 99

(1)in specified circumstances. 101. Consequential amendments to other enactments. SCHEDULE 1 Repeals and Revocations PART 1 Acts Repealed PART 2 Statutory Instrument Revoked SCHEDULE 2 Information to be Contained in Property Services Agreements PART 1 Property Services Agreements — general PART 2 Property Services Agreements for Sale of Land PART 3 Property Services Agreements for Letting of Land PART 4 Property Services Agreements for Provision of Property Management Services SCHEDULE 3 Provisions applicable to Oral Hearings conducted pursuant to section 66 or 68 PART 1 Oral Hearing conducted by inspector pursuant to section 66

(15)PART 2 Oral Hearing conducted by Authority pursuant to section 68

(5)SCHEDULE 4 Redress for Contravention of section 67

(5)SCHEDULE 5 Provisions in respect of Property Services Appeal Board PART 1 General PART 2 Appeals SCHEDULE 6 Provisions Applicable to Administration of Property Services Compensation Fund SCHEDULE 7 Modifications of this Act in Relation to Relevant Persons SCHEDULE 8 Consequential Amendments to Other Enactments Acts Referred to Animals Act 1985 1985, No. 11 Auctioneers and House Agents Act 1947 1947, No. 10 Auctioneers and House Agents Act 1967 1967, No. 9 Auctioneers and House Agents Act 1973 1973, No. 23 Bankruptcy Act 1988 1988, No. 27 Building Societies Act 1989 1989, No. 17 Casual Trading Act 1995 1995, No. 19 Central Bank and Financial Services Authority of Ireland Act 2004 2004, No. 21 Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 2010, No. 24 Civil Service Regulation Acts 1956 to 2005 Companies Act 1963 1963, No. 33 Companies Act 1990 1990, No. 33 Companies Acts Companies (Amendment) Act 1982 1982, No. 10 Comptroller and Auditor General (Amendment) Act 1993 1993, No. 8 Consumer Credit Act 1995 1995, No. 24 Criminal Justice Act 2011 2011, No. 22 Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 2010, No. 6 Data Protection Act 1988 1988, No. 25 Data Protection (Amendment) Act 2003 2003, No. 6 Debtors (Ireland) Act 1840 1840, (3 & 4 Vict.) c. 105 Deeds of Arrangement Act 1887 1887, (50 & 51 Vict.) c. 57 Ethics in Public Office Act 1995 1995, No. 22 European Parliament Elections Act 1997 1997, No. 2 Family Law Act 1995 1995, No. 26 Family Law (Divorce) Act 1996 1996, No. 33 Finance Act 2002 2002, No. 5 Firearms Act 1964 1964, No. 1 Housing (Miscellaneous Provisions) Act 1992 1992, No. 18 Land and Conveyancing Law Reform Act 2009 2009, No. 27 Landlord and Tenant (Amendment) Act 1980 1980, No. 10 Local Government Act 2001 2001, No. 37 Merchant Shipping (Salvage and Wreck) Act 1993 1993, No. 34 Multi-Unit Developments Act 2011 2011, No. 2 Pawnbrokers Act 1964 1964, No. 31 Petty Sessions (Ireland) Act 1851 1851, (14 & 15 Vict.) c. 93 Pounds (Provisions and Maintenance) Act 1935 1935, No. 17 Protection of Employees (Employers’ Insolvency) Act 1984 1984, No. 21 Protection of Employees (Fixed-Term Work) Act 2003 2003, No. 29 Public Service Management (Recruitment and Appointments) Act 2004 2004, No. 33 Registration of Business Names Act 1963 1963, No. 30 Sale of Land by Auction Act 1867 1867, (30 & 31 Vict.) c. 48 Sea Fisheries Act 1952 1952, No. 7 Social Welfare Consolidation Act 2005 2005, No. 26 Stamp Duties Consolidation Act 1999 1999, No. 31 Succession Act 1965 1965, No. 27 Taxes Consolidation Act 1997 1997, No. 39 Unfair Dismissals Act 1977 1977, No. 10 Unfair Dismissals Acts 1977 to 2007 Valuation Act 2001 2001, No. 13 Number 40 of 2011 PROPERTY SERVICES (REGULATION) ACT 2011 AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF A BODY, TO BE KNOWN AS AN tÚDARÁS RIALÁLA SEIRBHÍSÍ MAOINE OR, IN THE ENGLISH LANGUAGE, THE PROPERTY SERVICES REGULATORY AUTHORITY, TO CONTROL AND SUPERVISE THE PROVIDERS OF PROPERTY SERVICES, TO CAUSE ANY COMPLAINTS AGAINST THOSE PROVIDERS TO BE INVESTIGATED AND TO ADJUDICATE ON ANY SUCH COMPLAINTS; TO PROVIDE FOR THE ESTABLISHMENT OF A BODY TO BE KNOWN AS AN BORD ACHOMHAIRC UM SHEIRBHÍSÍ MAOINE OR, IN THE ENGLISH LANGUAGE, THE PROPERTY SERVICES APPEAL BOARD, TO HEAR AND DETERMINE APPEALS AGAINST CERTAIN DECISIONS OF THE AUTHORITY; AND TO PROVIDE FOR TAKING ACCOUNT OF DIRECTIVE 2006/123/EC IN SO FAR AS IT RELATES TO PROPERTY SERVICES; TO PROVIDE FOR THE CONSEQUENTIAL REPEAL OR AMENDMENT OF CERTAIN ENACTMENTS AND THE REVOCATION OF A STATUTORY INSTRUMENT; AND FOR RELATED MATTERS. [20th December, 2011] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: PART 1 Preliminary and General Short title and commencement. 1.—

(1)This Act may be cited as the Property Services (Regulation) Act 2011.

(2)This Act shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision, and different days may be so appointed for different purposes and different provisions.

(3)Without prejudice to the generality of subsection

(2), an order under that subsection may— (a) in respect of the repeal by section 7

(1)of the Acts specified in Part 1 of Schedule 1 , appoint different days for the repeal of different Acts or different provisions of them, (b) in respect of the revocation by section 7

(2)of the statutory instrument specified in Part 2 of Schedule 1 , appoint different days for the revocation of different provisions of it, (

c)appoint, whether by reference to paragraph (a), (b), (
c)or (
d)of the definition of “property service” in section 2

(1)or otherwise, different days for the coming into operation of this Act (or of different provisions of this Act) in respect of different services which fall within that definition, or (d) in respect of section 28

(1)appoint, whether by reference to paragraph (a), (b), (

c)or (
d)of the definition of “property service” in section 2

(1)or otherwise, different days for the coming into operation of section 28

(1)in respect of different property services. Interpretation. 2.—

(1)In this Act, unless the context otherwise requires— “act” includes an omission; “accounting records”, in relation to a licensee, mean the books of account and all other documents required to be kept by the licensee in accordance with regulations made under section 46 ; “advised letting value”, in relation to land valued for letting by a licensee, means the licensee’s reasonable estimate, at the time of such valuation— (

a)of the amount that would be paid by a willing tenant on appropriate letting terms in an arm’s length transaction after proper marketing where both parties act knowledgeably, prudently and without compulsion, or (
b)of the relevant price range within which would fall the amount that would be paid by a willing tenant on appropriate letting terms in an arm’s length transaction after proper marketing where both parties act knowledgeably, prudently and without compulsion; “advised market value”, in relation to land valued for sale by a licensee, means the licensee’s reasonable estimate, at the time of such valuation— (
a)of the amount that would be paid by a willing buyer in an arm’s length transaction after proper marketing where both parties act knowledgeably, prudently and without compulsion, or (
b)of the relevant price range within which would fall the amount that would be paid by a willing buyer in an arm’s length transaction after proper marketing where both parties act knowledgeably, prudently and without compulsion; “advisory committee” means an advisory committee appointed by the Authority under section 14

(1)(a); “Appeal Board” means the Property Services Appeal Board established by section 74 ; “appropriate contribution”, in relation to the Fund and an application for a licence or the renewal of a licence, means the amount of the contribution (if any) prescribed in regulations made under section 95 in respect of such application; “appropriate fee”, in relation to a provision of this Act, means— (a) subject to paragraph (b), the fee prescribed in regulations made under section 25 in respect of that provision, and (b) in the case of paragraph 14

(1)of Schedule 5 , the fee prescribed in regulations made under section 74

(4)in respect of that paragraph; “approved housing body” means a body which has been approved under section 6

(6)of the Housing (Miscellaneous Provisions) Act 1992 ; “assets” include moneys; “auction” includes a Dutch auction; “Authority” means the Property Services Regulatory Authority established by section 9 ; “bank”, in relation to a client account of a licensee, means a credit institution authorised by a competent authority in an EEA Member State, within the meaning of Directive 2006/48/EC of the European Parliament and of the Council of 14 June 2006 relating to the taking up and pursuit of the business of credit institutions (recast) 1 ; “business”, in relation to a licensee, means the licensee’s business as a licensee; “Chairperson” means the chairperson of the Authority designated under section 10

(2); “Chief Executive” has the meaning given to it by section 19

(1); “client” includes— (

a)a person for whom a property service is provided by a licensee, (
b)a person to whom a refund of a deposit is due in relation to a property service provided to that person or another person, and (
c)in the event of the death, insolvency or other incapacity of a person who falls within paragraph (
a)or (
b)(in this definition referred to as the “person concerned”)— (
i)any person having authority to administer the estate of the person concerned, (
ii)any beneficiary under a will, intestacy or trust of the person concerned, or (iii) any other personal representative of the person concerned; “client account” means a current or deposit account in the name of a licensee in the title of which the word “client” appears and which is kept with a bank; “client moneys” means moneys received by a licensee, in the course of the provision of a property service, from, for or on the account of a client other than moneys owed to the licensee by the client in respect of the provision of such property service; “code of practice” means a code of practice published or approved of under section 18 as it is in effect from time to time; “Commercial Leases Database” means the Commercial Leases Database established under section 87

(1); “commercial property” means property that is used for the purposes of business within the meaning of section 3 of the Landlord and Tenant (Amendment) Act 1980 ; “commercial property lease” means an instrument creating a tenancy in respect of commercial property; “company” means a company registered under the Companies Acts; “complaint” means a complaint under section 63 ; “complainant”, in relation to a complaint, means the person who made the complaint; “connected relative”, in relation to a person, means— (

a)the person’s spouse or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 , or (
b)a parent, brother, sister or child of— (
i)the person, or (
ii)the person’s spouse or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 ; “Directive 2006/123/EC” means Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market 2 ; “director”, in relation to a body corporate, includes— (
a)any person occupying the position of director, by whatever name called, (
b)any person who effectively directs or has a material influence over the business of the body corporate, (
c)any person in accordance with whose directions or instructions the directors of the body corporate are accustomed to act, unless the directors are accustomed so to act by reason only that they do so on advice given by the person in a professional capacity, and (
d)where the affairs of the body corporate are managed by its members, any of the members who exercises the functions of such management; “duplicate”, in relation to a licence, means a copy of the licence issued by the Authority and with the word “duplicate” stamped on it; “establishment day” means the day appointed under section 8 ; “financial services”, in relation to a licensee, means any, or any combination, of the following: (
a)the provision by or on behalf of the licensee of advice to a purchaser in respect of his or her capacity to secure a loan in respect of the purchase of land and the amount of any such loan; (
b)the offering by or on behalf of the licensee to provide a service referred to in paragraph (a); (
c)the arranging by or on behalf of the licensee for a lender to provide a purchaser with a loan in respect of the purchase of land; (
d)the offering by or on behalf of the licensee to provide a service referred to in paragraph (c); (
e)the provision by the licensee of any service in the licensee’s capacity (if any) as a mortgage intermediary within the meaning of section 2 (as amended by item 1 of Part 12 of Schedule 3 to the Central Bank and Financial Services Authority of Ireland Act 2004 ) of the Consumer Credit Act 1995 ; (
f)the offering by the licensee to provide a service referred to in paragraph (e); (
g)the provision of any other service which would result in the licensee knowing the financial situation of the purchaser which could influence the price he or she might be willing to pay to purchase land; “Fund” has the meaning given to it by section 77 ; “grant” means a grant out of the Fund made pursuant to section 78

(1)to a client in respect of a loss sustained by the client as a result of dishonesty on the part of a licensee, or as a result of dishonesty on the part of any principal officer, employee or agent or former principal officer, employee or agent of the licensee, arising from the provision of property services by or on behalf of the licensee to the client; “improper conduct”, in relation to a licensee, means— (a) the commission by the licensee of an act which renders the licensee no longer a fit and proper person to provide property services or a particular class of property service, (b) the commission by the licensee of a contravention of— (i) section 28

(1), 29

(9), 31

(5), 37

(1),

(2),

(4),

(5),

(6)or

(7), 41

(1), 43

(1),

(2)or

(3), 44 , 45

(1)or

(2), 55

(1)or

(2), 56

(1), 57

(1), 58

(3), 59

(1), 60

(1), 61 , or 81

(1)or

(2), or (

ii)a provision of regulations made under section 46 , 62 or 95 , or (
c)the giving by the licensee of a statement of advised market value or advised letting value of land which is clearly unreasonable; “independent contractor” means an individual who provides a property service where— (
a)no employee of the individual provides such service on behalf of the individual, and (
b)in the case of an individual who is a partner in a partnership, no other principal officer provides such service on behalf of the individual, and whether or not the individual engages in any other business; “inspector” means a person appointed under section 27

(1)to be an inspector; “investigation” means an investigation under section 65

(1); “investigation report”, in relation to an investigation, means a report in writing prepared, following the completion of the investigation, by the inspector appointed under section 65

(1)(

b)to carry out the investigation— (
a)stating that the inspector— (
i)is satisfied that improper conduct by the licensee to whom the investigation relates has occurred or is occurring, or (
ii)is not so satisfied, as appropriate, (
b)if paragraph (a)(
i)is applicable, stating the grounds on which the inspector is so satisfied, and (
c)if paragraph (a)(
ii)is applicable, stating— (
i)the basis on which the inspector is not so satisfied, and (
ii)the inspector’s opinion, in view of such basis, on whether or not a further investigation of the licensee is warranted and, if warranted, the inspector’s opinion on the principal matters to which the further investigation should relate; “land” has the meaning assigned to it by the Land and Conveyancing Law Reform Act 2009 ; “landlord” means the person, including a sublandlord, entitled to the legal estate immediately superior to a tenancy; “lessor”, in relation to land, includes a prospective lessor of the land; “licence” means a licence in the specified form issued under section 31 ; “licensee”, in relation to a licence, means the holder of the licence; “local authority” has the same meaning as it has in the Local Government Act 2001 ; “maintain”, in relation to a record, includes keep; “major sanction”, in relation to a licensee, means— (
a)the revocation of the licence of the licensee and a prohibition (which may be a permanent prohibition, a prohibition for a specified period or a prohibition subject to specified conditions) against the former licensee applying for a new licence or a particular class of licence, (
b)the suspension for a specified period of the licence of the licensee or, in any case where the period of such suspension (in this paragraph referred to as “the relevant period”) sought to be imposed is longer than the period of validity of the licence left to run, the suspension of the licence during that period and a prohibition for a specified period against the former licensee applying for a new licence or a particular class of new licence, which periods, added together, are equivalent to the relevant period, (
c)a direction to the licensee that the licensee pay a sum, as specified in the direction but not exceeding €50,000, into the Fund, (
d)a direction to the licensee that the licensee pay a sum, as specified in the direction but not exceeding €50,000, to the Authority, being the whole or part of the cost to the Authority of an investigation of the licensee, (
e)a direction to the licensee that the licensee pay a sum, as specified in the direction but not exceeding €250,000, to the Authority by way of a financial penalty for an act of the licensee specified in the direction, or (
f)any combination of any of the sanctions specified in paragraphs (
a)to (e); “management body”, in relation to a multi-unit development, means— (
a)that company or unincorporated body— (
i)which is formed for the purposes of becoming the owner of all or some of the common areas of the development, and (
ii)which manages all or some of the common areas of the development, and (
b)any person who manages the common areas referred to in paragraph (
a)at any time before the company or unincorporated body referred to in that paragraph starts to manage such common areas; “Minister” means the Minister for Justice and Equality; “minor sanction”, in relation to a licensee, means— (
a)the issue, to the licensee, of— (
i)advice (including advice relating to participation in a professional competence scheme), (
ii)a caution, (iii) a warning, or (
iv)a reprimand, or (
b)any combination of any of the sanctions specified in paragraph (a); “multi-unit development” means an apartment complex, housing estate, or any other complex or estate containing residential units within the meaning of the Multi-Unit Developments Act 2011 ; “Official Assignee” has the meaning assigned to it by section 3 of the Bankruptcy Act 1988 ; “personal representative”, in relation to the estate of a deceased person, means that person’s personal representative within the meaning of section 3

(1)of the Succession Act 1965 , and includes any person having, in respect of the deceased, under the law of another state any functions corresponding to the functions for administration purposes under the law of the State of a personal representative within the meaning of that section, and references to personal representatives as such shall be construed as references to personal representatives in their capacity as having such functions; “principal officer”— (

a)in relation to a body corporate, means any person who is— (
i)a director, manager, secretary or other similar officer of the body corporate, or (
ii)a person purporting to act in any such capacity, (
b)in relation to a partnership— (
i)means any person who is— (I) a partner in, or a manager or other similar officer of, the partnership, or (II) a person purporting to act in any such capacity, and (
ii)if any partner in the partnership is both a body corporate and a licensee or an applicant for a licence, includes any person who is— (I) a director, manager, secretary or other similar officer of such partner, and (II) a person purporting to act in any such capacity; “professional competence scheme” means a scheme of education and training provided for in regulations made under section 79 ; “professional indemnity insurance” means a policy of indemnity insurance against losses arising from claims in respect of any description of civil liability incurred— (
a)by a licensee arising from the provision of property services, or (
b)by a principal officer, employee or agent or former principal officer, employee or agent of the licensee arising from such provision; “property management services” means services in respect of the management of a multi-unit development carried out on behalf of a management body, and such services include— (
a)administrative services, and (
b)the procurement of or any combination of the maintenance, servicing, repair, improvement or insurance of the development or any part of the development; “property service” means the provision, for consideration, in the State, in respect of property located within or outside the State, of any of the following— (
a)the auction of property other than land, (
b)the purchase or sale, by whatever means, of land, (
c)the letting of land (including a letting in conacre or for the purposes of agistment), or (
d)property management services, by— (
i)a property services employer, (
ii)an employee of a property services employer, (iii) a principal officer of a property services employer, or (
iv)an independent contractor; “property services agreement” means a letter of engagement referred to in section 43

(1)which has not ceased to have any force and effect by virtue of the operation of section 43

(2); “property services employer” means a person (referred to in this definition as “the employer”)— (

a)who is an individual who provides a property service where an employee of the employer may also provide such service on behalf of the employer, or (
b)whose employees or principal officers provide a property service on behalf of the employer, and whether or not the employer engages in any other business; “purchaser”, in relation to land, includes a prospective purchaser of the land; “Register” means the Property Services Register established under section 29

(1); “relevant commercial lease” means a commercial property lease entered into on or after the commencement of section 87 ; “relevant price range”, in relation to land valued for sale or letting by a licensee, means a price range where the difference between the upper limit of such valuation and the lower limit of such valuation is not more than 10 per cent of such lower limit; “residential property” means a property that is used as a self-contained residential unit and includes any land appurtenant to it or usually enjoyed with it; “satisfied” means satisfied on reasonable grounds; “specified”— (

a)in relation to a form of document, means specified under section 97 , (
b)in relation to a period, means a period which is reasonable in the circumstances concerned, (
c)in relation to a time, date or place, means a time, date or place, as the case may be, which is reasonable in the circumstances concerned; “tenancy” means the estate or interest which arises from the relationship of landlord and tenant however created; “tenant” means the person, including subtenant, in whom a tenancy is vested; “terms” include conditions; “vendor”, in relation to land, includes a prospective vendor of the land.

(2)For the purposes of this Act, a property service shall be regarded as being provided in the State if the property service is provided by a person established in the State and whether or not— (a) the client concerned is ordinarily resident in the State, or (b) the property concerned is located in the State.

(3)For the purposes of subsection

(2), a client is ordinarily resident in the State if the client is— (

a)an individual who has had his or her principal residence in the State for the period of 12 months immediately preceding the provision of the property service concerned referred to in that subsection, (
b)a company, or (
c)any other body corporate established under a law of the State.

(4)References in this Act (excluding subsection

(5)but including sections 48 and 54 and regulations made under this Act) to a former licensee also include a person— (

a)who was lawfully providing a property service immediately before the commencement of section 28 in so far as such commencement relates to such property service, and (
b)in respect of whom the Authority refuses to issue a licence in respect of such property service.

(5)References in Part 7 (including sections 69 , 70 and 71 ) to a licensee include a former licensee and the other provisions of this Act (including the definitions of “investigation report”, “major sanction” and “minor sanction” in section 2

(1), section 11

(2)(h), (i) and (j), Part 8 and Schedule 5 ) shall, with all necessary modifications, be construed accordingly.

(6)References in the definition of “financial services” in section 2

(1)to “on behalf of the licensee” include references to the service concerned being provided through a subsidiary or associated body of the licensee.

(7)Where a provision of this Act confers a discretion on the Authority, the Appeal Board or a court to revoke or suspend the licence of a licensee and the licensee holds 2 or more licences, that discretion may be exercised so as to revoke or suspend, as the case may be, one, some or all of those licences as the Authority, the Appeal Board or the court, as the case may be, thinks fit in the circumstances of the case, and the other provisions of this Act shall, with all necessary modifications, be construed accordingly. Exemptions. 3.—

(1)This Act shall not apply to— (

a)an auction conducted by an officer of the Revenue Commissioners while performing the functions of that office or employment, (
b)an auction conducted by, or by an officer of, a sheriff, under-sheriff, or county registrar, (
c)an auction, under any statutory provision relating to distress in respect of rates, conducted by a rate collector, (
d)an auction conducted under a power of sale conferred by— (
i)section 8 of the Pounds (Provisions and Maintenance) Act 1935, or (
ii)section 5 of the Animals Act 1985 , (
e)a sale of wreck conducted by a receiver of wreck appointed under section 41 of the Merchant Shipping (Salvage and Wreck) Act 1993 , (
f)an auction of fresh fish, (
g)an auction of State property conducted by an officer of the State, (
h)an auction conducted by a person authorised by or under any statutory provision to do so without being licensed, (
i)an auction of property, other than land, for charitable purposes, (
j)a person acting as agent for a Minister of the Government, the Commissioners for Public Works in Ireland or any person authorised by any statutory provision to acquire land compulsorily, (
k)the purchase or sale, by whatever means, of any land whether in or outside the State on behalf of another person in the course of and ancillary to the provision of legal services by a solicitor to that other person, (
l)a property service consisting solely of a short-term letting to a person where such letting— (
i)does not exceed or is unlikely to exceed 8 consecutive weeks, and (
ii)is for bona fide tourism or other leisure purposes, (
m)an approved housing body when providing a property service in respect of its own properties, (
n)a property service provided by a local authority in the course of the performance of its functions under any statutory provision, (
o)a property service provided by an employee of a licensee where— (
i)the licensee is a property services employer or an independent contractor licensed to provide that service in that capacity, (
ii)the principal function of the employee is the provision of secretarial, reception, human resource management, information technology or financial services, or any combination thereof, for the licensee, and (iii) the employee does not, in relation to the provision of that property service to a client of the licensee, directly engage with the client except to the extent necessary for the purposes of the performance of such principal function, and (
p)such other property service as may be prescribed in regulations made under section 96 for the purposes of this paragraph.

(2)The Authority may from time to time issue guidelines with respect to the practical operation of subsection

(1)(o). Application of this Act to principal officers and employees. 4.—

(1)A licensee who is licensed to provide a property service as a principal officer of a property services employer in his or her capacity as such principal officer is only entitled to provide such service on behalf of any licensee— (

a)who is licensed as a property services employer to provide the same property service, and (
b)in respect of whom the first-mentioned licensee is a principal officer at the time of providing the property service in his or her capacity as such principal officer, and the references in this Act to licensee and property service (howsoever expressed) shall, in their application to the first-mentioned licensee and the property service which he or she is licensed to provide in his or her capacity as such principal officer, be construed accordingly.

(2)A licensee who is licensed to provide a property service as an employee of a property services employer in his or her capacity as such employee is only entitled to provide such service on behalf of any licensee— (

a)who is licensed as a property services employer to provide the same property service, and (
b)in respect of whom the first-mentioned licensee is an employee at the time of providing the property service in his or her capacity as such employee, and the references in this Act to licensee and property service (howsoever expressed) shall, in their application to the first-mentioned licensee and the property service which he or she is licensed to provide in his or her capacity as such employee, be construed accordingly.

(3)Without prejudice to the generality of subsections

(1)and

(2)— (

a)a licensee who is a principal officer of a property services employer but who is not licensed to provide a property service in his or her capacity as such principal officer is not entitled to provide a property service in such capacity until becoming so licensed, (
b)a licensee who is an employee of a property services employer but who is not licensed to provide a property service in his or her capacity as such employee is not entitled to provide a property service in such capacity until becoming so licensed, and the references in this Act to licensee and property service (howsoever expressed) shall be construed accordingly. Laying of regulations and orders. 5.— Every regulation made under this Act and every order made under section 11

(4)shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation or order is passed by either such House within the next 21 days on which that House has sat after the regulation or order is laid before it, the regulation or order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder. Expenses. 6.— The expenses incurred by the Minister, the Authority and the Appeal Board in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Public Expenditure and Reform, be paid out of moneys provided by the Oireachtas. Repeals and revocation. 7.—

(1)The Acts specified in Part 1 of Schedule 1 are repealed.

(2)The statutory instrument specified in Part 2 of Schedule 1 is revoked. PART 2 Property Services Regulatory Authority Establishment day. 8.— The Minister shall by order appoint a day to be the establishment day for the purposes of this Act. Establishment of Property Services Regulatory Authority. 9.—

(1)On the establishment day there stands established a body, to be known as An tÚdarás Rialála Seirbhísí Maoine or, in the English language, the Property Services Regulatory Authority, to perform the functions conferred on it by this Act.

(2)The Authority— (

a)is a body corporate with perpetual succession and a seal, (
b)may sue, and be sued, in its corporate name, (
c)may, with the approval of the Minister given with the consent of the Minister for Public Expenditure and Reform, acquire, hold and dispose of land, and (
d)may acquire, hold and dispose of any other property.

(3)Subject to this Act, the Authority shall be independent in the performance of its functions.

(4)The seal of the Authority may be authenticated by— (

a)the signature of the Chairperson or another member of the Authority authorised by the Authority to act in that behalf, and (
b)the signature of the Chief Executive or a member of the staff of the Authority so authorised.

(5)Judicial notice shall be taken of the seal of the Authority and, accordingly, every document— (

a)purporting to be a document made by the Authority, and (
b)purporting to be sealed with the seal of the Authority authenticated in accordance with subsection

(4), shall be received in evidence and be deemed to be such document without further proof unless the contrary is proved.

(6)Any contract or instrument which, if entered into or executed by an individual, would not require to be under seal may be entered into or executed on behalf of the Authority by any person generally or specially authorised by the Authority in that behalf. Membership of Authority and terms of membership. 10.—

(1)The Authority shall consist of not more than 11 members.

(2)The members of the Authority shall be appointed by the Minister, who shall designate one of them as its chairperson.

(3)In appointing persons to be members of the Authority, the Minister shall, subject to subsection

(4), have regard to the desirability of their having knowledge or experience in consumer affairs, business, finance, management or administration or any other subject which would, in his or her opinion, be of assistance to the Authority in performing its functions under this Act.

(4)Of the members of the Authority— (

a)not more than 3 shall be persons who, in the opinion of the Minister, are representatives of persons who provide property services, (
b)not less than 3 shall be persons who, in the opinion of the Minister, have knowledge of, or experience in, consumer affairs, and (
c)one shall be an officer of the Minister.

(5)The Minister shall, in so far as is practicable and having regard to the knowledge or experience of matters relevant to the functions of the Authority of the persons concerned, ensure an appropriate balance between men and women in the composition of the Authority.

(6)Subject to this Act, a member of the Authority shall hold office for a period of 4 years from the date of his or her appointment.

(7)(

a)Of the members appointed to the Authority on the establishment day, 5 members (but excluding the Chairperson) shall, subject to this Act, hold office for a period of 3 years from the date of their respective appointments as such members. (
b)The 5 members of the Authority referred to in paragraph (
a)shall be selected by the drawing of lots, conducted in such manner as the Chairperson of the Authority thinks proper, at the first meeting of the Authority referred to in section 12

(3). (

c)A member of the Authority may be selected as one of the 5 members of the Authority referred to in paragraph (
a)notwithstanding the fact that he or she is not present at the first meeting of the Authority referred to in section 12

(3). (d) Notwithstanding section 12

(2), the quorum for the first meeting of the Authority referred to in section 12

(3)shall be 7 in so far as that meeting relates to selecting the 5 members of the Authority referred to in paragraph (a).

(8)A person may not be appointed to be a member of the Authority for more than 2 consecutive terms but is otherwise eligible for reappointment.

(9)A member of the Authority may at any time resign from office by letter addressed to the Minister and the resignation shall take effect on the date specified in the letter or the date the letter is received by the Minister, whichever is the later.

(10)A member of the Authority shall, unless he or she sooner dies, becomes disqualified for, resigns, is removed from office or otherwise ceases to be a member, hold office as such member until the expiration of his or her term of office.

(11)The Chairperson shall hold office as Chairperson until his or her term of office as a member of the Authority expires, unless that person sooner dies, becomes disqualified from holding office, resigns, is removed from office or otherwise ceases to be a member, but, if reappointed as a member, shall be eligible to be designated as the Chairperson.

(12)Each member of the Authority— (

a)shall hold office on a part-time basis and on such other terms (other than the payment of remuneration and allowances for expenses) as the Minister may determine, and (
b)shall be paid by the Authority, out of the resources at its disposal, such remuneration (if any) and allowances for expenses (if any) as the Minister may, with the consent of the Minister for Public Expenditure and Reform, determine.

(13)The Minister may for stated reason remove a member of the Authority from office if, in the opinion of the Minister— (

a)the member has become incapable through ill health of effectively performing the functions of the office, (
b)the member has committed stated misbehaviour, (
c)the member has a conflict of interest of such significance that, in the opinion of the Minister, the person should cease to hold the office, or (
d)the member’s removal appears to be necessary for the effective performance of the functions of the Authority.

(14)A person shall be disqualified from holding and shall cease to hold office as a member of the Authority if he or she— (

a)is adjudicated bankrupt, (
b)makes a composition or arrangement with his or her creditors, (
c)is convicted on indictment of an indictable offence, (
d)is convicted of an offence involving dishonesty, (
e)has a declaration under section 150 of the Companies Act 1990 made against him or her or is subject or is deemed to be subject to a disqualification order by virtue of Part VII of that Act, (
f)ceases to be ordinarily resident in the State, or (
g)falls within any of paragraphs (
a)to (
d)of section 13

(1).

(15)Where a member of the Authority dies, becomes disqualified from holding office, resigns, is removed from office or otherwise ceases to be a member, the Minister may appoint a person to be a member of the Authority to fill the resultant casual vacancy.

(16)A person appointed to be a member of the Authority under subsection

(15)shall hold office for the remainder of the term of office of the member who occasioned the casual vacancy.

(17)(a) A member of the Authority who, pursuant to subsection

(7), holds office for a period of 3 years from the date of his or her appointment shall, for the purposes of subsection

(8), be considered to have served a term as a member of the Authority even though he or she did not hold office for the period of 4 years referred to in subsection

(6). (b) A person who occasions or fills a vacancy shall, for the purposes of subsection

(8)be considered to have served a term as a member of the Authority even though he or she held office for part only of the term.

(18)Subject to section 12

(2), the Authority may act notwithstanding one or more vacancies in its membership. Functions of Authority. 11.—

(1)Subject to this Act, the Authority shall control and supervise licensees and maintain and improve standards in the provision by them of property services.

(2)Without prejudice to the generality of subsection

(1), the Authority may, and where required by this Act shall— (

a)issue and renew licences, (
b)establish and maintain the Register, (
c)specify and enforce— (
i)qualification requirements, including levels of education, training and experience, and (
ii)any other requirements, including the nature and minimum levels of professional indemnity insurance, for the issue and renewal of licences, (
d)specify and enforce standards, including— (
i)technical standards, and (
ii)appropriate ethical standards, to be observed in the provision of property services by licensees, (
e)disseminate information in respect of qualification requirements and other requirements referred to in paragraph (c), and standards referred to in paragraph (d), to such extent and in such manner as it thinks fit, (
f)establish, maintain and administer the Fund, (
g)where appropriate, cause the provision of any property service by any licensee or other person to be investigated, (
h)establish and administer a system of investigation of licensees, whether following complaints against licensees or otherwise, (
i)impose minor sanctions or major sanctions on licensees, (
j)apply to the High Court for the confirmation of the imposition of major sanctions on licensees, (
k)promote public awareness and disseminate information to the public in respect of property services, in particular the cost of such services, and the risks and benefits associated with the provision of those services, (
l)promote the development and adoption of codes of practice, (
m)keep the Minister informed of developments in respect of the provision of property services by licensees and assist the Minister in co-ordinating and developing policy in that regard, (
n)undertake or commission, or collaborate or assist in, research projects and other activities in respect of the provision of property services, in order to promote and improve standards for the provision of those services and public awareness of them, (
o)maintain and publish particulars of residential property sales prices, (
p)establish and maintain the Commercial Leases Database, and (
q)perform any other functions conferred on it by any other provision of this Act or any other enactment or by regulations made under this Act or any other enactment.

(3)The Authority shall, in performing its functions under this Act, promote the best interests of clients and other users and potential users of property services in a manner that is consistent with the orderly and proper functioning of the property services markets and the orderly control and supervision of the providers of those services.

(4)The Minister may, with the consent of the Minister for Public Expenditure and Reform, by order— (a) confer on the Authority such additional functions relating to property services and connected with the functions conferred on it by subsections

(1),

(2)and

(3)or any order made under this subsection as the Minister thinks fit, and (b) make such provision as the Minister considers necessary or expedient in respect of matters ancillary to or arising out of any of the functions referred to in paragraph (a).

(5)Subject to this Act, the Authority may do anything which it considers necessary or expedient to enable it to perform its functions, including liaison and co-operation with other statutory bodies and with other relevant professional and consumer bodies.

(6)Any function of the Authority may, without prejudice to its general responsibilities under this Act, be performed through or by the Chief Executive or any member of its staff duly authorised in that behalf by the Authority.

(7)The Chief Executive or a member of staff of the Authority who performs any of its functions is presumed in any proceedings to have been authorised by it to do so on its behalf, unless the contrary is shown. Meetings. 12.—

(1)The Authority shall hold such and so many meetings as may be necessary for the performance of its functions but in each year shall hold not less than one meeting in each period of 3 months.

(2)The quorum for a meeting of the Authority shall be 4 or such other number, not being less than 4, as the Authority may determine.

(3)The Minister shall, in consultation with the Chairperson, fix the date, time and place of the first meeting of the Authority.

(4)At a meeting of the Authority— (

a)the Chairperson shall, if present, be the chairperson of the meeting, and (
b)if and so long as the Chairperson of the Authority is not present or if the office of Chairperson is vacant, the members of the Authority who are present shall choose one of their number to act as the chairperson of the meeting.

(5)Each member of the Authority (including the Chairperson) present at a meeting of the Authority shall have a vote.

(6)At a meeting of the Authority, a question on which a vote is required shall be determined by a majority of the votes of the members of the Authority present and voting on the question and, in the case of an equal division of votes, the chairperson of the meeting shall have a casting vote.

(7)Subject to this Act, the Authority may regulate its own procedure. Membership of either House of the Oireachtas, European Parliament or local authority. 13.—

(1)Where a member of the Authority, the Chief Executive or a member of the staff of the Authority is— (

a)nominated as a member of Seanad Éireann, (
b)elected as a member of either House of the Oireachtas or to be a member of the European Parliament, (
c)regarded pursuant to section 19 of the European Parliament Elections Act 1997 as having been elected to that Parliament, or (
d)elected or co-opted as a member of a local authority, he or she shall thereupon— (
i)in the case of a member of the Authority or the Chief Executive, cease to be a member of the Authority or the Chief Executive, as the case may be, and (
ii)in the case of a member of the staff of the Authority, stand seconded from employment by the Authority and shall not be paid by, or be entitled to receive from, the Authority any remuneration or allowances for expenses in respect of the period commencing on such nomination or election, or when he or she is so regarded as having been elected or on such election or co-option, as the case may be, and ending when he or she ceases to be a member of either such House, a member of such Parliament or a member of the local authority.

(2)Without prejudice to the generality of subsection

(1), that subsection shall be construed as prohibiting the reckoning of a period mentioned in it as service with the Authority for the purposes of any superannuation benefits payable under section 21 or otherwise.

(3)A person who is for the time being— (

a)entitled under the Standing Orders of either House of the Oireachtas to sit therein, (
b)a member of the European Parliament, or (
c)entitled under the standing orders of a local authority to sit as a member thereof, shall, while he or she is so entitled under paragraph (
a)or (
c)or is such a member under paragraph (b), be disqualified from being a member of the Authority, the Chief Executive or a member of the staff of the Authority. Advisory committees, consultants and advisers. 14.—

(1)(

a)The Authority may, with the approval of the Minister, appoint such and so many advisory committees and such and so many consultants or advisers as it may consider necessary to assist it in the performance of its functions. (
b)The approval of the Minister under paragraph (
a)is subject to the consent of the Minister for Public Expenditure and Reform in respect of fees or expenses to which subsection

(3)relates.

(2)The appointment of a person to an advisory committee or as a consultant or adviser shall be for such period and subject to such terms and conditions as the Authority thinks fit.

(3)Any fees or expenses which have been approved by the Minister, with the prior consent of the Minister for Public Expenditure and Reform, and are due to a member of an advisory committee or to a consultant or an adviser shall be paid out of the resources at the disposal of the Authority.

(4)An advisory committee shall include persons who have knowledge or experience in matters relevant to the functions of the committee.

(5)An advisory committee shall consist of a chairperson and such number of other members as the Authority may determine and may include persons who are not members of the Authority or its staff.

(6)The Authority shall, in so far as is practicable and having regard to the knowledge and experience of matters relevant to the functions of the advisory committee of the persons concerned, ensure an appropriate balance between men and women in the composition of the committee.

(7)A member of an advisory committee may be removed at any time from membership of the committee by the Authority.

(8)The Authority may at any time dissolve an advisory committee.

(9)The Authority may regulate the procedure and business of an advisory committee but, subject to any such regulation, the committee may regulate its own procedure and business.

(10)An advisory committee may act notwithstanding one or more vacancies in its membership. Non-disclosure of information. 15.—

(1)A person shall not, without the consent in writing of the Authority or as required by law, disclose confidential information obtained by that person in any capacity, or while performing functions, as any of the following: (

a)a member of the Authority or an advisory committee; (
b)the Chief Executive; (
c)a member of the staff of the Authority; (
d)a consultant or adviser appointed by the Authority or an employee of a consultant or adviser; (
e)an inspector.

(2)A person who contravenes subsection

(1)is guilty of an offence and liable on summary conviction to a class A fine.

(3)Nothing in subsection

(1)shall prevent the disclosure of information by a person in the circumstances referred to in section 35

(2)of the Ethics in Public Office Act 1995 .

(4)Nothing in subsection

(1)shall prevent the disclosure of information— (

a)to the Authority, (
b)by or on behalf of the Authority to the Minister, or (
c)which, in the opinion of a person referred to in that subsection, may relate to the commission of an indictable offence to— (
i)the Director of Corporate Enforcement, (
ii)the Competition Authority, (iii) a member of the Garda Síochána, (
iv)an officer of the Revenue Commissioners, (
v)the Central Bank of Ireland, or (
vi)such other person as may be prescribed under section 96 after consultation by the Minister with any other Minister of the Government appearing to the Minister to be concerned.

(5)In this section, “confidential information” means information that is expressed by the Authority to be confidential either as regards particular information or as regards information of a particular class or description. Strategic plans. 16.—

(1)The Authority shall, as soon as is practicable after the establishment day and thereafter within 6 months before each third anniversary of the establishment day, prepare and submit to the Minister, for approval by the Minister with or without amendment, a strategic plan for the ensuing 3 year period.

(2)A strategic plan shall— (

a)comply with any directions issued from time to time by the Minister in respect of the form and manner of the plan’s preparation, (
b)set out the key objectives, outputs and related strategies of the Authority, including its use of its resources, and (
c)have regard to the need to ensure the most beneficial and efficient use of the Authority’s resources.

(3)The Minister shall, as soon as is practicable after a strategic plan has been so approved, cause a copy of it to be laid before each House of the Oireachtas. Reports to Minister. 17.—

(1)The Authority shall, not later than 30 June in each year, make a report (in this section referred to as “the annual report”) to the Minister on the performance of its functions during the preceding year.

(2)The Minister shall, as soon as is practicable, cause copies of the annual report to be laid before each House of the Oireachtas.

(3)The annual report shall be in such form and shall include information in respect of such matters as the Authority thinks fit or as the Minister may direct.

(4)The Authority may make such other reports to the Minister on the performance of its functions as it thinks fit.

(5)The Authority shall give to the Minister such other information as the Minister may require in respect of— (

a)the performance by the Authority of its functions and its policies in respect of such performance, (
b)any specific document or account prepared by it, or (
c)the annual report or any report referred to in subsection

(4).

(6)For the purposes of subsection

(1), the period between the date of the establishment day and the following 31 December shall be deemed to be a preceding year referred to in that subsection.

(7)The Authority shall publish its annual report in such form and manner as it thinks fit as soon as is practicable after subsection

(2)has been complied with in respect of the report. Codes of practice. 18.—

(1)Subject to subsection

(2), the Authority may and, at the request of the Minister, shall— (

a)prepare and publish a code of practice, or (
b)approve of a code of practice drawn up by any other body, for the purpose of setting standards for the provision of property services (including a class of property services).

(2)Before publishing or approving of a code of practice under this section, the Authority— (

a)may publish in such manner as the Authority considers appropriate a draft of the code and shall allow persons 30 days from the date of publication of the draft code within which to make representations in writing to the Authority in relation to the draft code or such further period, not exceeding 30 days, as the Authority in its absolute discretion thinks fit, and (
b)following consultation and, where relevant, having considered the representations (if any) made, shall submit the draft code to the Minister for his or her consent to its publication or approval of under this section, with or without modifications.

(3)Where the Authority publishes or approves of a code of practice under this section, the Minister shall cause a notice to that effect to be published in Iris Oifigiúil— (

a)identifying or specifying the code, (
b)specifying the property service in respect of which the code is so published or approved, as the case may be, and (
c)specifying the date from which the code shall have effect.

(4)The Authority may, with the consent of the Minister but subject to subsection

(5)— (

a)amend or revoke a code of practice published under this section, or (
b)withdraw its approval of any code of practice approved of under this section.

(5)Subsection

(2)shall, with all necessary modifications, apply to a code of practice that the Authority proposes to amend or revoke, or withdraw its approval of, under subsection

(4)as subsection

(2)applies to a code of practice that the Authority proposes to publish or approve of under this section.

(6)Where the Authority amends or revokes, or withdraws its approval of, a code of practice published or approved of under this section, the Minister shall cause a notice to that effect to be published in Iris Oifigiúil— (

a)identifying or specifying the code to which the amendment, revocation, or withdrawal, as the case may be, relates and, if applicable, particulars of the amendment, (
b)specifying the property service in respect of which the code is so amended, revoked or withdrawn, as the case may be, and (
c)specifying the date from which the amendment, revocation, or withdrawal, as the case may be, shall have effect.

(7)The Authority shall encourage licensees, or classes of licensees, as applicable, to comply with codes of practice published or approved of under this section (including such a code as amended from time to time under this section).

(8)The Authority shall make available for inspection free of charge to members of the public at its principal office during normal working hours a copy of each code of practice published or approved of under this section (including such a code as amended from time to time under this section).

(9)A document bearing the seal of the Authority and purporting to be a code of practice published or approved of under this section or, where such a code has been amended under this section, the code as so amended shall be admissible in evidence in any proceedings under this Act.

(10)A failure on the part of a licensee to observe any provision of a code of practice published or approved of under this section (including such a code as amended from time to time under this section) shall not of itself render the licensee liable to any civil or criminal proceedings but where, in any proceedings under this Act, improper conduct by a licensee is alleged to have occurred or to be occurring in the case of any matter in respect of which there was such a code of practice in effect at the time of the alleged occurrence, subsection

(11)shall have effect in respect of such code for the purposes of those proceedings.

(11)The Authority, the Appeal Board or any court or tribunal may, in any proceedings under this Act to determine whether improper conduct by a licensee has occurred or is occurring, have regard to any provision of a code of practice published or approved of under this section (including such a code as amended from time to time under this section) which appears to it to be relevant to the improper conduct concerned.

(12)In this section (including subsection

(2)(a)), “code of practice” includes part of a code of practice. Chief Executive. 19.—

(1)There shall be a chief executive officer of the Authority (in this Act referred to as “the Chief Executive”).

(2)The Chief Executive shall, subject to subsection

(3), be appointed by the Minister on the recommendation of the Chief Executive of the Public Appointments Service.

(3)The appointment shall either— (

a)be on such terms (including terms as to remuneration and allowances for expenses) as the Minister may, with the consent of the Minister for Public Expenditure and Reform, determine and be subject to the Public Service Management (Recruitment and Appointments) Act 2004 , or (
b)be on such other terms (including terms as to remuneration and allowances for expenses) as may be determined by the Authority and approved by the Minister with the consent of the Minister for Public Expenditure and Reform.

(4)The Chief Executive shall— (

a)implement the policies and decisions of the Authority, (
b)manage and control generally the Authority’s staff, administration and business, and (
c)perform such other functions as may be required or as may be duly authorised by the Authority under this Act.

(5)The Chief Executive shall be responsible to the Authority for the performance of the Chief Executive’s functions.

(6)The Chief Executive shall not be a member of the Authority or an advisory committee, but may, in accordance with procedures established by the Authority or an advisory committee, as the case may be, attend meetings of the Authority or the committee, as the case may be, and shall be entitled to speak at and give advice at such meetings.

(7)The Chief Executive shall provide the Authority with such information, including financial information, in respect of the performance of the Chief Executive’s functions as the Authority may require.

(8)The Chief Executive shall not hold any office or occupy any other position in respect of which remuneration is payable, or carry on any business, without the consent of the Authority and the approval of the Minister.

(9)Such of the functions of the Chief Executive as the Chief Executive may specify may, with the consent of the Authority, be performed by such member or members of the staff of the Authority as the Chief Executive may authorise for that purpose.

(10)The functions of the Chief Executive may be performed during the Chief Executive’s absence or when the post of Chief Executive is vacant by such member or members of the staff of the Authority as it may authorise for that purpose. Staff of Authority. 20.—

(1)The Authority may, with the approval of the Minister given with the consent of the Minister for Public Expenditure and Reform— (

a)appoint such and so many persons to be members of the staff of the Authority as it may determine, and (
b)determine the grades of such staff of the Authority and the number of staff in each grade.

(2)Section 19

(3)(a) shall apply to an appointment under this section. Superannuation. 21.—

(1)The Authority may, with the approval of the Minister and the consent of the Minister for Public Expenditure and Reform, make a scheme or schemes for the granting of superannuation benefits to or in respect of the Chief Executive and the members of the staff of the Authority.

(2)A scheme under this section shall fix the time and conditions of retirement of all persons to or in respect of whom superannuation benefits are payable under the scheme or schemes and different times and conditions may be fixed in respect of different classes of persons.

(3)The Authority may, with the approval of the Minister and the consent of the Minister for Public Expenditure and Reform, make a scheme amending a scheme under this section including a scheme under this subsection.

(4)A scheme under this section shall, if approved by the Minister with the consent of the Minister for Public Expenditure and Reform, be carried out by the Authority in accordance with its terms.

(5)A scheme under this section shall include a provision for appeals from a decision relating to a superannuation benefit under the scheme.

(6)No superannuation benefits shall be granted by the Authority to or in respect of a person on ceasing to be the Chief Executive or a member of the staff of the Authority otherwise than— (

a)in accordance with a scheme or schemes under this section, or (
b)with the approval of the Minister and the consent of the Minister for Public Expenditure and Reform.

(7)A scheme under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the scheme is passed by either such House within the next 21 days on which that House has sat after the scheme is laid before it, the scheme shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

(8)Subsection

(7)shall, with all necessary modifications, apply to an amendment to a scheme under this section as it applies to a scheme under this section.

(9)In this section— “amending”, in relation to a scheme under this section, includes revoking the scheme; “superannuation benefit” means any pension, gratuity or other allowance payable to or in respect of a person ceasing to be the Chief Executive or a member of the staff of the Authority. Accounts and audits. 22.—

(1)The Chief Executive, with the agreement of the Authority, shall— (

a)submit estimates of income and expenditure to the Minister in such form, in respect of such periods and at such times as may be specified by the Minister, and (
b)provide to the Minister any information which the Minister may require regarding those estimates and also regarding the proposals and plans of the Authority in respect of a period specified by the Minister.

(2)The Chief Executive, under the direction of the Authority, shall keep, in such form and in respect of such accounting periods as may be approved of by the Minister with the consent of the Minister for Public Expenditure and Reform, all proper and usual accounts of moneys received and spent by the Authority, including an income and expenditure account and a balance sheet.

(3)(

a)The Authority, the Chief Executive and any relevant member of the staff shall, whenever so required by the Minister, permit any person appointed by the Minister to examine the accounts of the Authority in respect of any financial year or other period and shall facilitate any such examination, and the Authority shall pay to the Minister such fee for the examination as may be fixed by the Minister. (
b)In this subsection, “relevant member of the staff” means a member of the staff of the Authority to whom duties relating to those accounts have been duly assigned.

(4)(

a)The accounts of the Authority shall be approved by it as soon as is practicable (but not later than 3 months after the end of the accounting period to which they relate) and submitted by it to the Comptroller and Auditor General for audit. (
b)A copy of the accounts and the report of the Comptroller and Auditor General on them shall be presented to the members of the Authority and the Minister as soon as is practicable, and the Minister shall cause a copy of the accounts and report to be laid before each House of the Oireachtas. Accountability of Chief Executive to Oireachtas Committee established to examine, etc., appropriation accounts, etc. 23.—

(1)The Chief Executive shall, whenever required in writing by a Committee of Dáil Éireann established under the Standing Orders of Dáil Éireann to examine and report to Dáil Éireann on the appropriation accounts and reports of the Comptroller and Auditor General, give evidence to that Committee on— (a) the regularity and propriety of the transactions recorded or required to be recorded in any account kept under section 22

(2), (

b)the economy and efficiency of the Authority in the use of its resources, (
c)the systems, procedures and practices employed by the Authority for the purpose of evaluating the effectiveness of its operations, and (
d)any matter affecting the Authority referred to in a special report of the Comptroller and Auditor General under section 11

(2)of the Comptroller and Auditor General (Amendment) Act 1993 or in any other report of the Comptroller and Auditor General (in so far as it relates to a matter specified in paragraph (a), (b) or (c)) that is laid before Dáil Éireann.

(2)In giving evidence to the Committee under this section, the Chief Executive shall not question or express an opinion on the merits of any policy of the Government or a Minister of the Government or on the merits of the objectives of such a policy. Accountability of Chief Executive to other Oireachtas Committees. 24.—

(1)Subject to subsection

(3), the Chief Executive shall, at the request in writing of a Committee, attend before it to give account for the general administration of the Authority as is required by the Committee.

(2)In giving evidence to a Committee under this section, the Chief Executive shall not question or express an opinion on the merits of any policy of the Government or a Minister of the Government or on the merits of the objectives of such a policy.

(3)The Chief Executive shall not be required to give account before a Committee for any matter which is or has been or may at a future time be the subject of— (

a)proceedings before a court or tribunal in the State, or (
b)a decision or determination by the Authority or Appeal Board, as the case may be, in respect of a particular person.

(4)Where the Chief Executive is of the opinion that a matter, the subject of a request under subsection

(1), is a matter to which subsection

(3)applies, he or she shall inform the Committee concerned of that opinion and the reasons for that opinion and unless the information is conveyed to the Committee at a time when the Chief Executive is before it, the information shall be so conveyed in writing.

(5)Where the Chief Executive has informed the Committee of his or her opinion in accordance with subsection

(4)and the Committee does not withdraw the request referred to in subsection

(1)in so far as it relates to a matter the subject of that opinion— (a) the Chief Executive may, not later than 21 days after being informed by the Committee of its decision not to do so, apply to the High Court in a summary manner for determination of the question whether the matter is one to which subsection

(3)applies, or (b) the chairperson of the Committee may, on behalf of the Committee, make such an application, and the High Court shall determine the matter.

(6)Pending the determination of an application under subsection

(5), the Chief Executive shall not attend before the Committee to give account for the matter the subject of the application.

(7)If the High Court determines that the matter concerned is one to which subsection

(3)applies, the Committee shall withdraw the request referred to in subsection

(1), but if the High Court determines that subsection

(3)does not apply, the Chief Executive shall attend before the Committee to give account for the matter.

(8)In this section, “Committee” means a committee appointed by either House of the Oireachtas or jointly by both Houses of the Oireachtas, other than— (a) the Committee referred to in section 23

(1)or a subcommittee of such committee, (

b)the Committee on Members’ Interests of Dáil Éireann or a subcommittee of such committee, or (
c)the Committee on Members’ Interests of Seanad Éireann or a subcommittee of such committee. Power to charge and recover fees. 25.—

(1)The Authority, with the consent of the Minister, may, and if directed by the Minister to do so and in accordance with the terms of the direction, shall, prescribe by regulations the fees to be paid to it and when they fall due in respect of— (a) the performance of functions, (b) the provision of services, and (c) the carrying on of activities, by the Authority under this Act.

(2)Without prejudice to the generality of subsection

(1), the Authority’s power under that subsection to prescribe fees includes the power to provide for exemptions from the payment of fees, or waiving, remitting or refunding fees (in whole or in part), in different circumstances or classes of circumstances or in different cases or classes of cases.

(3)The total amount of the fees charged annually under this Act shall, as nearly as may be, taking one year with another, be equal to the total expenditure incurred annually in the administration of this Act.

(4)Fees received under this Act shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Public Expenditure and Reform directs.

(5)The Authority may recover as a simple contract debt in any court of competent jurisdiction, from a person by whom the fee is payable, any amount due and owing to the Authority in respect of a fee charged under this section. Advances by Minister to Authority. 26.— The Minister shall advance to the Authority out of moneys provided by the Oireachtas such amount or amounts as the Minister may, with the consent of the Minister for Public Expenditure and Reform, determine for the purposes of expenditure by the Authority in the performance of its functions. Inspectors. 27.—

(1)For the purposes of this Act— (

a)the Authority may appoint such members of its staff as it thinks fit to be inspectors for such period and subject to such terms as the Authority may determine, (
b)the Authority may appoint such other persons as it thinks fit to be inspectors for such period and subject to such terms (including terms as to remuneration and allowances for expenses) as the Authority, with the approval of the Minister and the consent of the Minister for Public Expenditure and Reform, may determine.

(2)Each inspector shall be given a warrant of appointment and, when performing any function imposed under this Act, shall, on request by any person affected, produce the warrant or a copy thereof, together with a form of personal identification. PART 3 Licences to Provide Property Services Prohibition of unlicensed property service. 28.—

(1)A person shall not— (

a)provide a property service, (
b)hold himself or herself out as available to provide a property service, or (
c)represent himself or herself by— (
i)advertisement, or (
ii)displaying any card or other object purporting to indicate that he or she is a licensee, as available to provide a property service, unless the person is the holder of a licence which is in force in respect of that property service.

(2)A person, other than a licensee, who contravenes subsection

(1)is guilty of an offence and liable— (

a)on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months or both, or (
b)on conviction on indictment, to a fine or imprisonment for a term not exceeding 5 years or both. Register of licensees. 29.—

(1)The Authority shall, as soon as is practicable after the commencement of this section, establish and maintain for the purposes of this Act a register of licensees to be known as the Property Services Register.

(2)The Register shall be in such form as the Authority thinks fit and shall— (

a)contain the names of licensees and such other identifying particulars of licensees as the Authority considers appropriate, and (
b)contain such other entries in respect of licensees (including licensees whose licences are suspended) as the Authority considers appropriate.

(3)The Authority shall make the Register available for inspection free of charge by members of the public— (

a)at its principal office during normal working hours, and (
b)on its Internet website in such a manner that the section of that website which contains the Register is readily accessible by members of the public.

(4)A copy of an entry in the Register shall, on request, be issued by the Authority on payment of the appropriate fee.

(5)The Authority may divide the Register into different divisions for different classes of property services.

(6)In any legal proceedings, a certificate signed by the Chief Executive, or a member of the staff of the Authority authorised by the Chief Executive to give a certificate under this subsection, stating that a person— (

a)is registered in the Register or in a specified division of the Register, (
b)is not registered in the Register or in a specified division of the Register, (
c)was at a specified date or during a specified period registered in the Register or in a specified division of the Register, (
d)was not, at a specified date or during a specified period, registered in the Register or in a specified division of the Register or was suspended from the Register at that time in consequence of a suspension of the person’s licence, or (
e)has never been registered in the Register, shall, without proof of the signature of the person purporting to sign the certificate or that the person was the Chief Executive or a member of the staff of the Authority so authorised, as the case may be, be evidence, unless the contrary is proved, of the matters stated in the certificate.

(7)The Authority shall ensure that the Register is accurate and, for that purpose, the Authority shall make any alteration requiring to be made in the information contained in an entry.

(8)The Authority shall, as soon as is practicable after doing anything under subsection

(7), give notice in writing of that fact to the licensee to whom the alteration relates.

(9)A licensee to whom an entry in the Register relates shall give notice in writing to the Authority of— (

a)any error that the person knows of in the entry, and (
b)any change in circumstances that is likely to have a bearing on the accuracy of the entry, as soon as may be after the person becomes aware of that error or change in circumstances, as the case may be. Application for licence. 30.—

(1)A person may make an application in the specified form to the Authority for a licence to provide the property service specified in the application (or, if more than one property service is specified in the application, a licence for each of the property services specified in the application) unless the person is prohibited from making such an application by virtue of the imposition on the person of a major sanction which falls within paragraph (a) or (b) of the definition of “major sanction” in section 2

(1)or by virtue of an order under section 38

(3), 47

(5)or

(7), 66

(18)or

(20)or 94

(2).

(2)Without prejudice to the generality of section 97 , an application under subsection

(1)shall be accompanied by— (

a)references as to the applicant’s character and competence (including any required levels of education, training and experience) relevant to the licence or licences the subject of the application, (
b)in the case of an application for a licence to provide a property service as a property services employer or an independent contractor, a report in the specified form by a duly qualified accountant that appropriate financial systems and controls are or will be in place for the protection of client moneys if the applicant were to be so licensed, (
c)evidence in writing of the availability to the applicant of the required level of professional indemnity insurance if the licence or licences the subject of the application is or are, as the case may be, issued to the applicant, and (
d)the appropriate fee.

(3)Without prejudice to sections 32 , 33 and 42 , the Authority may— (

a)require an applicant to provide in the specified form, or by affidavit, such additional information in respect of the applicant’s character, competence and financial position, and make such inquiries and conduct such examinations in that regard, as it considers necessary, (
b)require the applicant to provide a certificate in the specified form by a member of the Garda Síochána not below the rank of superintendent containing such particulars in respect of the applicant as are requisite for the due performance of the Authority’s functions in relation to the applicant.

(4)Subject to subsection

(5), in this section, references to an applicant’s character, competence and financial position include, in the case of an applicant which is a body corporate or a partner in a partnership, references to the character, competence and financial position of any of the principal officers of the body corporate or partnership, as the case may be.

(5)Where an applicant is seeking to be licensed as an independent contractor and is a partner in a partnership, subsection

(4)shall only apply to the other principal officers of the partnership to the extent necessary for the purposes of ascertaining whether or not section 31

(3)(f) or (i)(iii) is applicable in the case of that partnership. Issue or refusal of licence. 31.—

(1)Subject to subsections

(3)and

(5)and sections 32 and 33 , the Authority may issue a licence to a person to provide the property service specified in the licence and such licence shall contain the registration number assigned to such person for the purposes of the Register in so far as it relates to that licence.

(2)When deciding whether to issue a licence, the Authority shall take into account any information supplied to it under sections 30 and 42 .

(3)Subject to section 34 , the Authority shall refuse to issue a licence to a person if— (

a)section 30 has not been complied with in respect of the person, (
b)the appropriate contribution to the Fund has not been paid in respect of the person, (
c)the person has not furnished sufficient proof to show that there is available to the person the required level of professional indemnity insurance in respect of the licence, (
d)in the case of an individual (not being a partner in a partnership), the person— (
i)is under 18 years of age, or (
ii)is an undischarged bankrupt, (
e)in the case of a body corporate (not being a partner in a partnership), any principal officer of the body corporate is an undischarged bankrupt, (
f)in the case of a partner in a partnership— (
i)any partner is under 18 years of age, or (
ii)any principal officer of the partnership is an undischarged bankrupt, (
g)in the case of an individual (not being a partner in a partnership), the Authority is satisfied that the person— (
i)is not a fit and proper person to provide the property service concerned, or (
ii)does not comply with any requirement (not being a requirement referred to in any of paragraphs (
a)to (
f)of this subsection) of this Act or of regulations made under this Act applicable to the person, (
h)in the case of a body corporate (not being a partner in a partnership), the Authority is satisfied that— (
i)any principal officer of the body corporate is not a fit and proper person to hold the position concerned in a body corporate which is providing the property service concerned, or (
ii)the body corporate does not comply with any requirement (not being a requirement referred to in any of paragraphs (
a)to (
f)of this subsection) of this Act or of regulations made under this Act applicable to a body corporate, or (
i)in the case of a partner in a partnership, the Authority is satisfied that— (
i)if the partner is an individual, the partner is not a fit and proper person to provide the property service concerned, (
ii)subject to subsection

(4), any other principal officer of the partnership is not a fit and proper person to hold the position concerned in a partnership which is providing the property service concerned, or (iii) the partnership does not comply with any requirement (not being a requirement referred to in any of paragraphs (a) to (f) of this subsection) of this Act or of regulations made under this Act applicable to the partnership.

(4)Subsection

(3)(i)(ii) shall only apply in the case of a partner in a partnership who is seeking to be licensed as a property services employer.

(5)Where a person is licensed as a property services employer, it shall be a condition of the licence (including the licence as renewed from time to time) that the licensee shall take all reasonable steps to ensure that— (

a)in the case of a licensee which is a body corporate (not being a partner in a partnership), the principal officers of the body corporate are fit and proper persons to hold the positions respectively held by them in the body corporate (whether or not any of the principal officers also holds a licence) having regard to— (
i)the functions respectively performed by the occupants of such positions, and (
ii)the nature of the property service which the body corporate is licensed to provide, and (
b)in the case of a licensee who is a partner in a partnership— (
i)if the partner is an individual, the other principal officers of the partnership are fit and proper persons to hold the positions respectively held by them in or of the partnership (whether or not any of the principal officers also holds a licence) having regard to— (I) the functions respectively performed by the occupants of such positions, and (II) the nature of the property service which the partner is licensed to provide, (
ii)if the partner is a body corporate, the principal officers of the partnership are fit and proper persons to hold the positions respectively held by them in or of the partnership (whether or not any of the principal officers also holds a licence) having regard to— (I) the functions respectively performed by the occupants of such positions, and (II) the nature of the property service which the body corporate is licensed to provide.

(6)A licence, unless sooner surrendered or revoked or otherwise ceasing to be in force, shall remain in force for a period of one year from the date on which it is issued or for such longer period (if any) as may be prescribed by regulations made under section 95 for the purposes of this subsection.

(7)A licence— (

a)does not confer any right of property, and (
b)may not be transferred or assigned or be mortgaged, charged or otherwise encumbered. Tax clearance. 32.—

(1)In this section— “Act of 1997” means the Taxes Consolidation Act 1997 ; “Collector-General” means the Collector-General appointed under section 851 of the Act of 1997; “person” includes— (

a)in the case of a body corporate, the directors of the body corporate, and (
b)in the case of a partnership, the partners, but does not include an individual who provides a property service in the course of an employment; “tax clearance certificate” means a certificate under section 1095 (inserted by section 127 (
b)of the Finance Act 2002 ) of the Act of 1997.

(2)The Authority shall refuse to issue or renew a licence to or in respect of a person in respect of whom a tax clearance certificate is not in force.

(3)The Authority may nevertheless issue or renew a licence to or in respect of such a person if— (a) the person has, at least 4 months before applying for the issue or renewal, applied for a tax clearance certificate and it has been refused and an appeal against the refusal has been made under section 1094

(7)of the Act of 1997 but not determined, and (b) the Authority would, but for subsection

(2), have issued or renewed the licence.

(4)A licence issued or renewed on foot of subsection

(3)shall expire 7 days after the date on which the appeal concerned referred to in that subsection has been determined or finally determined and such appeal is unsuccessful.

(5)The Collector-General shall notify the Authority of any appeal against a refusal of an application to issue a tax clearance certificate and of the final determination of any such appeal.

(6)The reference in subsection

(3)(a) to section 1094

(7)is to that provision as applied by subsection

(6)of section 1095 (inserted by section 127 (b) of the Finance Act 2002 ) of the Act of 1997.

(7)The Act of 1997 is amended in section 1094

(1)by the deletion in the definition of— (

a)“licence” of paragraphs (e), (
f)and (g), and (
b)“beneficial holder of a licence” of “and, in relation to a licence issued under the Auctioneers and House Agents Act 1947 , includes the authorised individual referred to in section 8

(4), or the nominated individual referred to in section 9

(1), of that Act”. Documents to accompany certain applications. 33.— The Authority shall refuse an application for a licence or for the renewal of a licence— (a) by or on behalf of a company, unless the application is accompanied by a certificate of the incorporation of the company, certified by the registrar of companies under section 370

(1)(

b)of the Companies Act 1963 and dated not earlier than 4 weeks before the date of the application, or (
b)by or on behalf of a person carrying on business under a name that is not that of the beneficial owner of the business, unless the application is accompanied by a copy of a certificate of registration of the person under the Registration of Business Names Act 1963 , certified in accordance with section 16

(1)(b) of that Act. Notification to applicant of refusal to issue licence, etc. 34.—

(1)Where the Authority proposes to refuse to issue a licence to a person, it shall give notice in writing to the person— (

a)of the proposal and the reasons for the proposal, and (
b)stating that the person may make representations in writing to the Authority on the proposal— (
i)subject to subparagraph (ii), within 14 days from the receipt of that notice by the person, (
ii)within such longer period as the Authority thinks fit in the circumstances of the case.

(2)Where the Authority has given a notice under subsection

(1)to a person, it shall, as soon as is practicable after the expiration of the period referred to in subsection

(1)(b)(i) or (ii), as the case requires, and the consideration of any representations referred to in subsection

(1)(

b)made to it— (
a)issue to the person the licence that is the subject of the notice, or (
b)refuse to issue the licence that is the subject of the notice and give the person— (
i)notice in writing of the refusal and the reasons for the refusal, and (
ii)a copy of Part 2 of Schedule 5 if the ground, or one of the grounds, for the refusal falls within section 31

(3)(g), (h) or (i). Renewal of licence. 35.—

(1)A licence, unless it has been revoked, may, subject to subsection

(4)and sections 32 and 33 , be renewed by the Authority.

(2)An application for the renewal of a licence shall be— (

a)in the specified form, (
b)made at least 6 weeks before the expiration of the licence, and (
c)accompanied by the appropriate fee.

(3)Subject to subsection

(4), where an application under subsection

(2)for the renewal of a licence is not determined by the Authority before the licence expires, the licence shall continue in force until the application has been so determined.

(4)Subject to subsection

(6)and section 36 , the Authority shall refuse to renew a licence of a person if— (a) subsection

(2)has not been complied with in respect of the person, (

b)in the case of an application for the renewal of a licence to provide a property service as a property services employer or an independent contractor, the application is not accompanied by a report in the specified form by a duly qualified accountant that appropriate financial systems and controls are still in place for the protection of client moneys received by the applicant, (
c)the appropriate contribution to the Fund has not been paid in respect of the person, (
d)there is not available to the person the required level of professional indemnity insurance in respect of the licence, (
e)in the case of an individual (not being a partner in a partnership), the person is an undischarged bankrupt, (
f)in the case of a body corporate (not being a partner in a partnership), any principal officer of the body corporate is an undischarged bankrupt, or (
g)in the case of a partner in a partnership— (
i)any partner is under 18 years of age, or (
ii)any principal officer of the partnership is an undischarged bankrupt.

(5)Where an application under subsection

(2)for the renewal of a licence does not comply with paragraph (b) of that subsection, the applicant shall, unless he or she satisfies the Authority that there were exceptional circumstances which justify why the application did not comply with that paragraph, be treated as never having held a licence, and sections 30 and 31 shall apply to the applicant accordingly.

(6)Improper conduct (including any allegation thereof) by a licensee shall be dealt with or continue to be dealt with under Part 7 or 8 and, accordingly, the renewal of the licensee’s licence under this section does not prejudice or affect— (

a)any investigation which relates to the licensee, or (
b)any legal proceedings (whether civil or criminal) or other proceedings under Part 7 or 8 or under any other provision of this Act in respect of the licence or the licensee.

(7)Where a licence is renewed under this Act, the period of validity of the licence as so renewed shall be deemed to start to run on the day that the licence would have expired if no application under subsection

(2)for its renewal had been made, and irrespective of whether the licence is renewed before, on or after that day. Notification to applicant of refusal to renew licence, etc. 36.—

(1)Where the Authority proposes to refuse to renew a licence of a person, it shall give a notice in writing to the person— (

a)of the proposal and the reasons for the proposal, and (
b)stating that the person may make representations in writing to the Authority on the proposal— (
i)subject to subparagraph (ii), within 14 days from the receipt of that notice by the person, (
ii)within such longer period as the Authority thinks fit in the circumstances of the case.

(2)Where the Authority has given a notice under subsection

(1)to a person, it shall, as soon as is practicable after the expiration of the period referred to in subsection

(1)(b)(i) or (ii), as the case requires, and the consideration of any representations referred to in subsection

(1)(

b)made to it— (
a)issue to the person the renewal of the licence that is the subject of the notice, or (
b)refuse to renew the licence that is the subject of the notice and give the person notice in writing of the refusal and the reasons for the refusal. Display and production of licences. 37.—

(1)Where a licensee is an individual (including an individual who is a partner in a partnership), he or she shall— (

a)have the licence or a duplicate of the licence in his or her possession when providing to any person the property service authorised by the licence, and (
b)upon the request of such person, immediately produce the licence or a duplicate of the licence and permit such person to inspect it.

(2)Where a licensee has a place of business as a licensee, the licensee shall— (

a)cause the licence to be— (
i)kept, and conspicuously displayed, in the licensee’s principal place of business as a licensee, and (
ii)upon the request of an inspector or any person for whom the licensee is providing the property service authorised by the licence, made available for inspection by the inspector or such person, as the case may be, and (
b)cause a duplicate of the licence to be— (
i)kept, and conspicuously displayed, in every other place of business of the licensee as a licensee, (
ii)upon the request of an inspector or any person for whom the licensee is providing the property service authorised by the licence, made available for inspection by the inspector or such person, as the case may be.

(3)Where an inspector is of the opinion that an individual is providing a property service, the inspector may require the individual to immediately produce the licence (if any) issued to the individual which authorises the provision of the service.

(4)An individual the subject of a requirement under subsection

(3)who has a licence shall— (

a)comply with the requirement, and (
b)permit the inspector to inspect the licence.

(5)A licensee who is a property services employer or an independent contractor shall, whilst the licence is in force and at no other time, conspicuously display the licensee’s registration number— (

a)in any advertisement or sales brochure published by or on behalf of the licensee in respect of the provision of a property service authorised by the licence, (
b)in all business correspondence relating to the property service authorised by the licence, and (
c)on any sign erected by or on behalf of the licensee on or adjacent to land in respect of which the licensee is providing a property service authorised by the licence.

(6)A licensee shall, whilst the licence is in force and at no other time, when conducting a sale by auction authorised by the licence away from the licensee’s place of business conspicuously display the licence or a duplicate of the licence at the premises where the auction is being conducted.

(7)Without prejudice to the generality of subsection

(6), where a licensee (in this subsection referred to as “the relevant licensee”) is conducting an auction in his or her capacity as a principal officer or employee of a licensee who is a property services employer, the relevant licensee shall also conspicuously display the licence, or a duplicate of the licence, held by him or her which entitles him or her to conduct the auction in that capacity. Offence to use licence issued to another person. 38.—

(1)A person shall not with intent to deceive— (

a)produce for inspection a licence issued to another person, (
b)permit the inspection of a licence issued to another person, or (
c)make or use a document purporting to be a licence, alter a licence or use an altered licence.

(2)A person who contravenes subsection

(1)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.

(3)Subject to subsection

(4), where a licensee is convicted of an offence under subsection

(2), the court may, after having regard to the nature of the offence and the circumstances in which it was committed, order that the licence held by the licensee be revoked and that the former licensee be prohibited (which may be a permanent prohibition, a prohibition for a specified period or a prohibition subject to specified conditions) from applying for any new licence or a particular class of new licence.

(4)An order under subsection

(3)shall not take effect until— (

a)the ordinary time for bringing an appeal against the conviction concerned or the order has expired without any such appeal having been brought, (
b)any such appeal has been withdrawn or abandoned, or (
c)on any such appeal, the conviction or order, as the case may be, is upheld.

(5)In this section, “licence” includes a duplicate of a licence. Issue of replacement licence, etc. 39.— The Authority, if satisfied that a licence or a duplicate of the licence has been lost or destroyed, may issue a replacement licence or duplicate, as the case may be, on payment of the appropriate fee. Surrender and seizure of licence following suspension or revocation, etc. 40.—

(1)Where a licensee is adjudicated bankrupt, the adjudication shall operate immediately to suspend the licence of the licensee or, if the licensee holds 2 or more licences, all those licences until— (

a)the licence expires or all those licences expire, as the case may be, or (
b)the adjudication is annulled and an office copy of the order annulling the adjudication is served on the Authority, whichever first occurs.

(2)Where— (

a)a licence is suspended or revoked, or (
b)a licensee ceases to provide the property service authorised by the licence, the licensee shall forthwith surrender the licence (and every duplicate of the licence) to the Authority and the Authority shall cause the Register to be updated accordingly.

(3)An inspector may seize and retain a licence (and every duplicate of the licence)— (

a)which has been suspended or revoked or has expired, or (
b)where the licensee has ceased to provide the property service authorised by the licence.

(4)A person who, without reasonable excuse, contravenes subsection

(2)is guilty of an offence and liable on summary conviction to a class A fine. Notification of material matter to Authority. 41.—

(1)A licensee shall give notice in writing to the Authority as soon as is practicable but, in any case, not later than 30 days after that matter comes to the knowledge of the licensee, of any material matter which would be likely to affect the validity of the licensee’s licence.

(2)A contravention of subsection

(1)is not improper conduct if, in the case of a licensee who has been convicted of an offence, or against whom proceedings for an offence are pending, in a place other than the State, the offence does not correspond with any offence under the law of the State.

(3)Subsections

(1)and

(2)shall apply to an applicant for a licence as if the applicant were a licensee in respect of the property service or property services, as the case requires, for which the applicant is seeking a licence or licences.

(4)In this section— “change in the principal officers”, in relation to a body corporate or a partnership, means a person becoming or ceasing to be, by whatever means, a principal officer of the body corporate or the partnership, as the case may be; “material matter”, in relation to a licensee or an applicant for a licence, includes— (

a)the imposition of conditions on any registration or licence or other authorisation, the revocation, suspension, withdrawal or removal of any registration or licence or other authorisation, or the refusal to grant registration or a licence or other authorisation, by any regulatory body in or outside the State in respect of any capacity or former capacity of the applicant or licensee, as the case may be, as a provider of— (
i)property services in or outside the State, (
ii)services relevant to the provision of such property services, (
b)any conviction for an offence (whether imposed in or outside the State) other than an offence prescribed for the purposes of this paragraph by regulations made under section 95 , (
c)any proceedings pending for an offence which falls within paragraph (b), and (
d)in the case of a licensee or an applicant which or who is a body corporate or a partner in a partnership, any change in the principal officers of the body corporate or partnership, as the case may be. Provision of information by Garda Síochána. 42.—

(1)The Authority may request the Commissioner of the Garda Síochána to provide any information requisite for the due performance of its functions in relation to any applicant for a licence or any licensee.

(2)The Commissioner of the Garda Síochána shall comply with a request under subsection

(1)notwithstanding anything contained in any statutory provision or rule of law. PART 4 General Obligations of Licensees Letter of engagement. 43.—

(1)A licensee shall, not later than 7 working days after the day on which the licensee starts to provide a property service to a person, or has reached an agreement with the person to provide a property service to him or her, whichever is the earlier, provide to that person, in respect of such property service, a letter of engagement (including a copy thereof) in the specified form— (a) containing such information as is required to be contained in it by virtue of Schedule 2 , and (b) signed by the licensee.

(2)Where— (a) a licensee has provided a person with a letter of engagement and a copy thereof in compliance with subsection

(1), and (b) the licensee is not provided with such copy, signed by the person, within the 7 working days immediately following the expiration of the 7 working days concerned referred to in subsection

(1), the licensee shall cease to provide, or shall not start to provide, as the case may be, to that person the property service the subject of the letter and that letter shall thereupon cease to have any force and effect.

(3)Where a property services agreement has been entered into by a licensee but subsequently the licensee and the other party thereto have agreed to make an amendment to the agreement (including any agreement as previously amended under this subsection), the licensee shall, not later than 7 working days after the amendment has been so agreed, provide to that party such amendment (including a copy thereof) in the specified form— (a) containing such information as is required to be contained in the amendment by virtue of Schedule 2 in so far as that Schedule relates to the subject matter of the amendment, and (b) signed by the licensee.

(4)Subsection

(2)and the definition of “property services agreement” in section 2

(1)shall, with all necessary modifications, apply to— (

a)an amendment to a property services agreement, (
b)the renewal of a property services agreement, or (
c)the re-engagement of the licensee concerned following the expiration or other termination of a property services agreement, as they apply to a letter of engagement. Retention of records. 44.— Where a licensee who is a property services employer or an independent contractor provides a property service (including, in the case of a property services employer, the provision of such service by a principal officer or employee of the property services employer), the licensee shall retain a record in the specified form of the provision of such service for a period of not less than 6 years after the completion of the transactions, acts or operations to which the record relates. Professional indemnity insurance. 45.—

(1)A licensee who is— (

a)an independent contractor, or (
b)both a property services employer and an individual, shall not provide a property service unless there is in force, at the time of the provision of such service, a policy of professional indemnity insurance which adequately covers the licensee in the provision of such service.

(2)Without prejudice to the generality of section 4 , a licensee who is a property services employer shall not authorise or permit a licensee who is a principal officer or employee of the employer to provide a property service in his or her capacity as such principal officer or employee, as the case may be, unless there is in force, at the time of the provision of such service, a policy of professional indemnity insurance which adequately covers the principal officer or employee, as the case may be, in the provision of such service.

(3)The Authority may from time to time issue guidelines with respect to the practical operation of subsection

(1)or

(2). PART 5 Client Accounts and Related Matters Keeping and preservation of client accounts and records. 46.—

(1)Subject to subsection

(2)and section 48

(4), the Authority shall make regulations providing for all or any of the following matters: (

a)the class or classes of licensee to whom the regulations apply; (
b)the kind or kinds of accounts at banks which may be opened and kept by a licensee for the keeping of client moneys in connection with the provision of property services; (
c)the opening and keeping of such accounts by a licensee; (
d)the rights, duties and responsibilities of a licensee in respect of moneys received, held, controlled or paid in connection with the provision of property services, including the lodgment to and withdrawal from a client account of client moneys; (
e)the acknowledgements or statements to be issued by a licensee in respect of client moneys received, held, controlled or paid by the licensee in connection with the provision of property services; (
f)the circumstances in which moneys other than client moneys may be paid into accounts containing client moneys and the circumstances in which, and the persons for whom, moneys held in such accounts may be paid out; (
g)the accounting records to be maintained by a licensee arising from the provision of property services by the licensee, including the minimum period or periods for which accounting records shall be retained by a licensee during the period of, and following the conclusion of, the provision of property services and the manner in which the lodgement into client accounts of any client moneys received by the licensee shall be recorded in the accounting records; (
h)the accounting records to be maintained by a licensee containing particulars of and information as to moneys received, held, controlled or paid by the licensee in connection with the provision of property services, for or on behalf of a client or any other person or himself or herself; (
i)client entitlements, including the treatment or retention of interest, income or profit arising from any client moneys in such cases as may be specified in the regulations; (
j)the circumstances in which a licensee may be required to make good moneys to a client account including the payment of interest or an equivalent sum; (
k)the circumstances and manner in which a licensee (or a duly qualified accountant on behalf of the licensee) verifies compliance with the regulations, including the frequency of doing so; (
l)the examination by an auditor or a duly qualified accountant, at intervals prescribed by the regulations, of accounting records maintained by a licensee under regulations made under paragraphs (
g)and (h); (
m)the enforcement by the Authority of compliance with the regulations; (
n)the imposition of fees on a licensee in cases of non-compliance where the Authority has to conduct further enquiries (being fees not exceeding the cost of conducting such enquiries); (
o)the examination, by or on behalf of the Authority, of the financial circumstances of a licensee in so far as such circumstances could affect the licensee’s capacity to provide property services.

(2)The Authority shall, in making regulations under this section, have regard to the need to protect client moneys. Offences relating to client accounts and accounting records. 47.—

(1)Subject to subsection

(2), a licensee who knowingly lodges client moneys (or who knowingly causes client moneys to be lodged) to an account other than a client account is guilty of an offence.

(2)Subsection

(1)shall not apply to a licensee who lodges client moneys (or who causes client moneys to be lodged) to an account (in this subsection referred to as the “relevant account”) other than a client account where— (

a)the relevant account is an account into which charges levied under section 18 of the Multi-Unit Developments Act 2011 are paid for the purposes of a scheme referred to in that section, or (
b)the relevant account is an account into which contributions fixed under section 19 of the Multi-Unit Developments Act 2011 are paid for the purposes of a sinking fund referred to in that section.

(3)A licensee who knowingly makes (or causes so to be made) a false or misleading entry or record in accounting records is guilty of an offence.

(4)A person guilty of an offence under subsection

(1)or

(3)shall be liable— (

a)on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months or both, or (
b)on conviction on indictment, to a fine not exceeding €50,000 or imprisonment for a term not exceeding 5 years or both.

(5)Subject to subsection

(6), where a licensee is convicted summarily of an offence under subsection

(1)or

(3), the court may, after having regard to the nature of the offence and the circumstances in which it was committed, order that the licence held by the licensee be revoked and that the former licensee be prohibited (which may be a permanent prohibition, a prohibition for a specified period or a prohibition subject to specified conditions) from applying for any new licence or a particular class of new licence.

(6)An order under subsection

(5)shall not take effect until— (

a)the ordinary time for bringing an appeal against the conviction concerned or the order has expired without any such appeal having been brought, (
b)any such appeal has been withdrawn or abandoned, or (
c)on any such appeal, the conviction or order, as the case may be, is upheld.

(7)Subject to subsection

(8), where a licensee is convicted on indictment of an offence under subsection

(1)or

(3), the court shall order that all the licences held by the licensee be revoked and that the former licensee be permanently prohibited from applying for any licence.

(8)An order under subsection

(7)shall not take effect until— (

a)the ordinary time for bringing an appeal against the conviction concerned has expired without any such appeal having been brought, (
b)any such appeal has been withdrawn or abandoned, or (
c)on any such appeal, the conviction is upheld. Control of banking accounts or assets of licensees. 48.—

(1)Where— (

a)the Authority refuses to renew a licence, (
b)a licence is suspended or revoked under this Act, or (
c)the Authority is satisfied, for whatever reason, that a licensee has ceased to provide property services, the Authority may, with a view to protecting client accounts, apply to the High Court in a summary manner, and the High Court may make an order directing one or more of the following: (
i)that no bank shall, without leave of the High Court, make any payment out of an account in the name of the licensee or former licensee concerned in his or her capacity or former capacity, as the case may be, as a licensee; (
ii)that a specified bank shall not, without leave of the High Court, make any payment out of an account kept at such bank by the licensee or former licensee in such capacity or former capacity, as the case may be; (iii) that the licensee or former licensee shall not, without leave of the High Court, dispose of or direct or facilitate the disposal of any assets within his or her possession or control or within his or her procurement; (
iv)that the licensee or former licensee shall not, without leave of the High Court, reduce his or her assets below a specified amount or value.

(2)The High Court shall have power to hear an application for an order under subsection

(1)otherwise than in public.

(3)Where the High Court makes in relation to a licensee or former licensee an order under subsection

(1), the Court may make one or more of the following further orders: (

a)directing a specified bank to furnish any information in its possession that the Authority requires relating to any aspect of the financial affairs of the licensee or former licensee in his or her capacity or former capacity, as the case may be, as a licensee; (
b)subject to subsection

(7), directing the licensee or former licensee to swear an affid

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AI explanation based on the official legal text. Indicative, not a substitute for legal advice.