Property Services (Regulation) Act 2011

SCHEDULE 1 Repeals and Revocations

SCHEDULE 1

Repeals and Revocations

Section 7.

PART 1 Acts Repealed

PART 1

Acts Repealed

Year, session and chapter or number and year

Year, session and chapter or number and year

Short title

Short title

(1)

(1)

(2)

(2)

1867 (30 & 31 Vict.) c. 48

1867 (30 & 31 Vict.) c. 48

Sale of Land by Auction Act 1867

Sale of Land by Auction Act 1867

No. 10 of 1947

No. 10 of 1947

Auctioneers and House Agents Act 1947

Auctioneers and House Agents Act 1947

No. 9 of 1967

No. 9 of 1967

Auctioneers and House Agents Act 1967

Auctioneers and House Agents Act 1967

No. 23 of 1973

No. 23 of 1973

Auctioneers and House Agents Act 1973

Auctioneers and House Agents Act 1973

PART 2 Statutory Instrument Revoked

PART 2

Statutory Instrument Revoked

S.I. Number and year

S.I. Number and year

Short title

Short title

(1)

(1)

(2)

(2)

S.I. No. 10 of 1968

S.I. No. 10 of 1968

Auctioneers and House Agents Act 1947 (Accountant’s Examination and Certificate) Regulations 1968

Auctioneers and House Agents Act 1947 (Accountant’s Examination and Certificate) Regulations 1968

SCHEDULE 2 Information to be Contained in Property Services Agreements

SCHEDULE 2

Information to be Contained in Property Services Agreements

Section 43.

PART 1 Property Services Agreements — general

PART 1

Property Services Agreements — general

1. A property services agreement in respect of the provision of a property service shall include—

(a) the name, registration number, business address and other business contact details of the licensee,

(b) any business name of the licensee,

(c) details of the property services to be provided by the licensee,

(d) particulars of the subject matter of the agreement (including the folio number of the land, if appropriate),

(e) the amount or the rate, as the case may be, of any commission or other fee payable by the client under the agreement and the circumstances under which the commission or fee, as the case may be, becomes payable,

(f) particulars of the rate of value added tax payable,

(g) the period during which the rights or obligations of the client or licensee are to have effect under the agreement,

(h) the length of notice to be given in the event of the termination of the agreement by the client or licensee, and the consequences,

(i) a statement of the obligation (if any) on the licensee, pursuant to sections 42 and 43 of the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010, to report, to the Garda Síochána and the Revenue Commissioners, suspicious transactions and transactions involving places designated under section 32 of that Act,

(j) affirmation that no conflict of interest exists which would prevent the licensee providing the property service,

(k) details of the professional indemnity insurance of the licensee,

(l) details of the records to be kept by the licensee in respect of the provision of the property service,

(m) the name and address of the bank in which the licensee’s client accounts are kept,

(n) details on the deposit of moneys paid to the licensee by the client and the application of any interest earned thereon, and

(o) complaints and redress procedures put in place by the licensee.

PART 2 Property Services Agreements for Sale of Land

PART 2

Property Services Agreements for Sale of Land

2. Without prejudice to the generality of Part 1, a property services agreement for the sale of land shall also include—

(a) the advised market value of the land,

(b) a description of the agency model (sole agency, joint agency or multiple agency),

(c) in the case of a fee or commission expressed as a percentage of the advised market value of the land—

(i) if paragraph (a) of the definition of “advised market value” in section 2(1) is applicable, the estimated total amount payable,

(ii) if paragraph (b) of the definition of “advised market value” in section 2(1) is applicable, the estimated range within which the total amount payable would fall,

(d) the terms on or subject to which the client agrees to advertising the land and the amount of advertising outlay,

(e) the obligations (if any) which will apply to the client should he or she dispose of any part of the land otherwise than through the licensee concerned, and

(f) if applicable, a statement of intent by the licensee to offer to provide financial services to purchasers (including any case where there is any intent to offer to provide financial services to purchasers through a subsidiary or associated body of the licensee).

PART 3 Property Services Agreements for Letting of Land

PART 3

Property Services Agreements for Letting of Land

3. Without prejudice to the generality of Part 1, a property services agreement for the letting of land shall also include—

(a) the proposed duration of the letting and the advised letting value of the land,

(b) a description of the agency model (sole agency, joint agency or multiple agency),

(c) in the case of a fee or commission expressed as a percentage of the advised letting value of the land—

(i) if paragraph (a) of the definition of “advised letting value” in section 2(1) is applicable, the estimated total amount payable,

(ii) if paragraph (b) of the definition of “advised letting value” in section 2(1) is applicable, the estimated range within which the total amount payable would fall,

(d) the terms on or subject to which the client agrees to advertising the land and the amount of advertising outlay,

(e) the obligations (if any) which will apply to the client should he or she let any part of the land otherwise than through the licensee concerned, and

(f) a schedule of contents and fixtures and fittings to be included in the letting, if applicable.

PART 4 Property Services Agreements for Provision of Property Management Services

PART 4

Property Services Agreements for Provision of Property Management Services

4. Without prejudice to the generality of Part 1, a property services agreement for the provision of property management services shall also include—

(a) a timetable for delivery of the services,

(b) the notice required to be given by the client to the licensee for the delivery of individual services by the licensee,

(c) particulars of any out-of-office hours services for emergencies, and

(d) the reporting obligations of the licensee to the client.

SCHEDULE 3 Provisions applicable to Oral Hearings conducted pursuant to section 66 or 68 .

SCHEDULE 3

Provisions applicable to Oral Hearings conducted pursuant to section 66 or 68 .

Sections 66 and 68.

PART 1 Oral Hearing conducted by inspector pursuant to section 66(15)

PART 1

Oral Hearing conducted by inspector pursuant to section 66(15)

1. The inspector conducting the oral hearing for the purposes of an investigation may take evidence on oath, and the administration of such an oath by the inspector is hereby authorised.

2. The inspector may by notice in writing require any person to attend the oral hearing at such time and place as is specified in the notice to give evidence in respect of any matter in issue in the investigation or to produce any relevant documents within his or her possession or control or within his or her procurement.

3. Subject to paragraph 4, a person referred to in paragraph 2 may be examined and cross-examined at the oral hearing.

4. A person referred to in paragraph 2 shall be entitled to the same immunities and privileges in respect of compliance with any requirement referred to in that paragraph as if the person were a witness before the High Court.

5. Where a person referred to in paragraph 2 does not comply or fully comply with a requirement referred to in that paragraph, the inspector may apply in a summary manner to the Circuit Court, on notice to that person, for an order requiring the person to comply or fully comply, as the case may be, with the requirement within a period to be specified by the Court, and the Court may make the order sought or such other order as it thinks fit or refuse to make any order.

6. The jurisdiction conferred on the Circuit Court by paragraph 5 may be exercised by the judge of that Court for the circuit in which the person concerned ordinarily resides or carries on any profession, business or occupation.

7. The oral hearing shall be held otherwise than in public.

8. The reasonable travelling and subsistence expenses of any person attending before the inspector in accordance with paragraph 2 shall be paid out of moneys provided by the Oireachtas.

PART 2 Oral Hearing conducted by Authority pursuant to section 68(5)

PART 2

Oral Hearing conducted by Authority pursuant to section 68(5)

1. The Authority, in conducting the oral hearing for the purposes of assisting it to make a decision under section 68(4) or for the purposes of observing fair procedures, may take evidence on oath, and the administration of such an oath by any member of the Authority is hereby authorised.

2. The Authority may by notice in writing require any person to attend the oral hearing at such time and place as is specified in the notice to give evidence in respect of any matter in issue in the making of the decision under section 68(4) or to produce any relevant documents within his or her possession or control or within his or her procurement.

3. Subject to paragraph 4, a person referred to in paragraph 2 may be examined and cross-examined at the oral hearing.

4. A person referred to in paragraph 2 shall be entitled to the same immunities and privileges in respect of compliance with any requirement referred to in that paragraph as if the person were a witness before the High Court.

5. Where a person referred to in paragraph 2 does not comply or fully comply with a requirement referred to in that paragraph, the Authority may apply in a summary manner to the Circuit Court, on notice to that person, for an order requiring the person to comply or fully comply, as the case may be, with the requirement within a period to be specified by the Court, and the Court may make the order sought or such other order as it thinks fit or refuse to make any order.

6. The jurisdiction conferred on the Circuit Court by paragraph 5 may be exercised by the judge of that Court for the circuit in which the person concerned ordinarily resides or carries on any profession, business or occupation.

7. The oral hearing shall be held otherwise than in public unless—

(a) the licensee to whom the investigation concerned relates or, if the investigation arose in consequence of the receipt of a complaint, the complainant makes a request in writing to the Authority that the hearing (or a part thereof) be held in public and states in the request the reasons for the request, and

(b) the Authority, after considering the request (in particular, the reasons for the request), is satisfied that it would be appropriate to comply with the request.

8. The reasonable travelling and subsistence expenses of any person attending before the Authority in accordance with paragraph 2 shall be paid out of moneys provided by the Oireachtas.

SCHEDULE 4 Redress for Contravention of section 67(5)

SCHEDULE 4

Redress for Contravention of section 67(5)

Section 67(5)

Complaints to rights commissioner

1. (1) An employee (or, in the case of an employee who has not reached the age of 18 years, the employee’s parent or guardian with the consent of the employee) or, with the consent of the employee, any trade union of which the employee is a member, may present a complaint to a rights commissioner that the employee’s employer has contravened section 67(5) in relation to the employee and it shall not be necessary for the employee to have at least one year’s continuous service with the employer concerned in order to present such complaint.

(2) Where a complaint under subparagraph (1) is made, the rights commissioner shall—

(a) give the parties an opportunity to be heard by the commissioner and to present to the commissioner any evidence relevant to the complaint,

(b) give a decision in writing in relation to it, and

(c) notify the parties of that decision.

(3) A decision of a rights commissioner under subparagraph (2) shall do one or more of the following

(a) declare that the complaint was or, as the case may be, was not well founded;

(b) require the employer to take a specified course of action, which may include, in a case where the penalisation constitutes a dismissal within the meaning of section 67(12), re-instatement or re-engagement;

(c) require the employer to pay to the employee compensation of such amount (if any) as is just and equitable having regard to all the circumstances, but not exceeding 104 weeks’ remuneration in respect of the employee’s employment calculated in accordance with regulations made under section 17 of the Unfair Dismissals Act 1977,

and the references in clauses (b) and (c) to an employer shall be construed, in a case where ownership of the business of the employer changes after the contravention to which the complaint relates occurred, as references to the person who, by virtue of the change, becomes entitled to such ownership.

(4) Subject to subparagraph (10), a rights commissioner shall not entertain a complaint under this paragraph if it is presented to him or her after the expiration of the period of 6 months beginning on the date of the contravention to which the complaint relates.

(5) Notwithstanding subparagraph (4), a rights commissioner may entertain a complaint under this paragraph presented to him or her after the expiration of the period referred to in subparagraph (4) (but not later than 6 months after such expiration) if he or she is satisfied that the failure to present the complaint within that period was due to exceptional circumstances.

(6) A complaint shall be presented by giving notice of it in writing to a rights commissioner and the notice shall contain such particulars and be in such form as may be specified from time to time by the Minister for Jobs, Enterprise and Innovation.

(7) A copy of a notice under subparagraph (6) shall be given to the other party concerned by the rights commissioner.

(8) Proceedings under this paragraph before a rights commissioner shall be conducted otherwise than in public.

(9) A rights commissioner shall furnish the Labour Court with a copy of each decision given by the commissioner under subparagraph (2).

(10) Where a delay by an employee in presenting a complaint under this paragraph is due to any misrepresentation by the employer, subparagraph (4) shall be construed as if the reference to the date of the contravention were a reference to the date on which the misrepresentation came to the employee’s notice.

Appeals from decisions of rights commissioner

2. (1) A party concerned may appeal to the Labour Court from a decision of a rights commissioner under paragraph 1(2) and, if the party does so, the Labour Court shall give the parties an opportunity to be heard by it and to present to it any evidence relevant to the appeal, shall make a determination in writing in relation to the appeal affirming, varying or setting aside the decision and shall communicate the determination to the parties.

(2) An appeal under this paragraph shall be initiated by the party concerned giving, within 42 days (or such greater period as the Court may determine in the particular circumstances) from the date on which the decision to which it relates was communicated to the party, a notice in writing to the Labour Court containing such particulars as are determined by the Labour Court under clauses (e) and (f) of subparagraph (4) and stating the intention of the party concerned to appeal against the decision.

(3) A copy of a notice under subparagraph (2) shall be given by the Labour Court to any other party concerned as soon as practicable after the receipt of the notice by the Labour Court.

(4) The following matters, or the procedures to be followed in relation to them, shall be determined by the Labour Court, namely

(a) the procedure in relation to all matters concerning the initiation and the hearing by the Labour Court of appeals under this paragraph;

(b) the times and places of hearings of such appeals;

(c) the representation of the parties to such appeals;

(d) the publication and notification of determinations of the Labour Court;

(e) the particulars to be contained in a notice under subparagraph (2); and

(f) any matters consequential on, or incidental to, the foregoing matters.

(5) The Labour Court may refer a question of law arising in proceedings before it under this paragraph to the High Court for its determination and the determination of the High Court shall be final and conclusive.

(6) A party to proceedings before the Labour Court under this paragraph may appeal to the High Court from a determination of the Labour Court on a point of law and the determination of the High Court shall be final and conclusive.

Paragraphs 1 and 2: supplemental provisions

3. (1) The Labour Court shall, on the hearing of any appeal referred to it under paragraph 2, have power to take evidence on oath and for that purpose may cause persons attending as witnesses at that hearing to swear an oath.

(2) The Labour Court may, by giving notice in that behalf in writing to any person, require such person to attend at such time and place as is specified in the notice and—

(a) to give evidence in relation to any matter appealed to the Labour Court under paragraph 2, or

(b) to produce any document specified in the notice relating to the matter in the person’s possession or power,

or both.

(3) A witness at a hearing of an appeal before the Labour Court has the same privileges and immunities as a witness before the High Court.

(4) Where a decision of a rights commissioner in relation to a complaint under this Schedule has not been carried out by the employer concerned in accordance with its terms, the time for bringing an appeal against the decision has expired and no such appeal has been brought, or, if such appeal has been brought, it has been abandoned, the employee concerned may bring the complaint before the Labour Court and the Labour Court shall, without hearing the employer concerned or any evidence (other than in relation to the matters aforesaid), make a determination to the like effect as the decision.

(5) The bringing of a complaint before the Labour Court under subparagraph (4) shall be effected by giving to the Labour Court a written notice containing such particulars (if any) as may be determined by the Labour Court.

(6) The Labour Court shall publish, in a manner it considers appropriate, particulars of any determination made by it under any of clauses (a), (b), (c), (d), (e) or (f) of subparagraph (4) of paragraph 2 (not being a determination as respects a particular appeal under that paragraph) and subparagraph (5).

(7) In proceedings under this Schedule before a rights commissioner or the Labour Court in relation to a complaint that section 67(5) has been contravened, it shall be presumed, until the contrary is proved, that the employee concerned acted reasonably and in good faith in forming the opinion and making the communication concerned.

(8)(a) If penalisation of an employee, in contravention of section 67(5), constitutes a dismissal of the employee as referred to in paragraph (a) of the definition of “penalisation” in section 67(14), the employee (or, in the case of an employee who has not reached the age of 18 years, the employee’s parent or guardian with the consent of the employee) may institute proceedings in respect of that dismissal under the Unfair Dismissals Acts 1977 to 2007 or to recover damages at common law for wrongful dismissal and, if the employee or his or her parent or guardian, as the case may be, does so, a complaint in relation to such dismissal may not be presented to a rights commissioner under paragraph 1(1).

(b) If an employee (or, in the case of an employee who has not reached the age of 18 years, the employee’s parent or guardian with the consent of the employee) presents a complaint to a rights commissioner under paragraph 1(1) in respect of a dismissal referred to in clause (a), the employee or his or her parent or guardian, as the case may be, may not institute proceedings in respect of that dismissal under the Unfair Dismissals Acts 1977 to 2007 or to recover damages at common law for wrongful dismissal.

(9) There shall be included among the debts which, under section 285 of the Companies Act 1963 (as amended by section 10 of the Companies (Amendment) Act 1982 and section 134 of the Companies Act 1990) are, in the distribution of the assets of a company being wound up, to be paid in priority to all other debts, all compensation payable by virtue of a decision under paragraph 1(2)(b) or a determination under paragraph 2(1) by the company to an employee, and that Act shall have effect accordingly. Formal proof of the debts to which priority is given under this subparagraph shall not be required except in cases where it may otherwise be provided by rules made under that Act.

(10) There shall be included among the debts which, under section 81 of the Bankruptcy Act 1988 are, in the distribution of the property of a bankrupt or arranging debtor, to be paid in priority to all other debts, all compensation payable by virtue of a decision under paragraph 1(2)(b) or a determination under paragraph 2(1) by the bankrupt or arranging debtor, as the case may be, to an employee, and that Act shall have effect accordingly. Formal proof of the debts to which priority is given under this subparagraph shall not be required except in cases where it may otherwise be provided under that Act.

Enforcement of determinations of Labour Court

4. (1) If an employer fails to carry out in accordance with its terms a determination of the Labour Court in relation to a complaint under paragraph 1 within 28 days from the date on which the determination is communicated to the parties, the Circuit Court shall, on application to it in that behalf by—

(a) the employee concerned (or, in the case of an employee who has not reached the age of 18 years, the employee’s parent or guardian with the consent of the employee), or

(b) with the consent of the employee, any trade union of which the employee is a member,

without hearing the employer or any evidence (other than in relation to the matters aforesaid), make an order directing the employer to carry out the determination in accordance with its terms.

(2) The reference in subparagraph (1) to a determination of the Labour Court is a reference to a determination in relation to which, at the expiration of the time for bringing an appeal against it, no such appeal has been brought or, if such an appeal has been brought, it has been abandoned and the references to the date on which the determination is communicated to the parties shall, in a case where such an appeal is abandoned, be read as references to the date of such abandonment.

(3) In an order under this paragraph providing for the payment of compensation, the Circuit Court may, if in all the circumstances it considers it appropriate to do so, direct the employer concerned to pay to the employee concerned interest on the compensation at the rate for the time being standing specified under section 26 of the Debtors (Ireland) Act 1840 in respect of the whole or part of the period beginning 28 days after the day on which the determination of the Labour Court is communicated to the parties and ending on the day immediately before the day on which the order of the Circuit Court is complied with.

(4) An application under this paragraph to the Circuit Court shall be made to the judge of the Circuit Court for the circuit in which the employer concerned ordinarily resides or carries on any profession, trade, business or occupation.

(5) Section 67(14) shall apply to the interpretation of this Schedule as it applies to the interpretation of section 67.

Amendment of Protection of Employees (Employers’ Insolvency) Act 1984

5. Section 6 of the Protection of Employees (Employers’ Insolvency) Act 1984 (as amended by Schedule 2 to the Criminal Justice Act 2011) is amended—

(a) in subsection (2)(a)—

(i) in subparagraph (xxvi), by deleting “and” after “that Schedule,”,

(ii) in subparagraph (xxvii), by substituting “that Schedule, and” for “that Schedule.”, and

(iii) by inserting the following subparagraph after subparagraph (xxvii)

“(xxviii) any amount which an employer is required to pay by virtue of a decision of a rights commissioner under paragraph 1(2)(b) of Schedule 4 to the Property Services (Regulation) Act 2011 or a determination by the Labour Court under paragraph 2(1) of that Schedule.”,

(b) in subsection (2)(b), by substituting “, (xxvii) or (xxviii)” for “or (xxvii)”,

(c) in subsection (2)(c), by substituting “, (xxvii) or (xxviii)” for “or (xxvii)”, and

(d) in subsection (9), in the definition of “relevant date”, by substituting “, (xxvii) or (xxviii)” for “or (xxvii)”.

SCHEDULE 5 Provisions in respect of Property Services Appeal Board

SCHEDULE 5

Provisions in respect of Property Services Appeal Board

Section 74.

PART 1 General

PART 1

General

Membership

1. The Appeal Board shall consist of a chairperson and such and so many other members as the Minister, with the consent of the Minister for Public Expenditure and Reform, considers necessary from time to time for the effective discharge of its functions.

Appointment

2. The chairperson and other members of the Appeal Board shall be appointed by the Government and, subject to this Schedule, shall hold office on such terms as the Government may determine.

Chairperson

3. (1)(a) The chairperson shall be a practising barrister, or a practising solicitor, of not less than 7 years’ standing.

(b) A chairperson who ceases to be such a barrister or solicitor during his or her term of office as chairperson shall thereupon cease to be chairperson and a member of the Appeal Board.

(2) The chairperson shall be responsible for ensuring the effective performance by the Appeal Board of its functions.

(3) The chairperson, if of the opinion that the conduct of a member of the Appeal Board has been such as to bring the Board into disrepute or has been otherwise prejudicial to the effective performance of the Appeal Board’s functions, may—

(a) require the member to attend for interview and, on the member so attending, inform the member privately of that opinion, or

(b) otherwise investigate the matter,

and report to the Minister the outcome of the interview or investigation if the chairperson thinks fit to do so.

Term of office

4. (1) Subject to this paragraph—

(a) the chairperson shall hold office for a period of 4 years from the date of his or her appointment, and

(b) any other member of the Board shall hold office for such period, not exceeding 4 years from the date of his or her appointment, as shall be specified by the Government when appointing the member,

and may in each case be reappointed by the Government for a second or subsequent term of office.

(2) A member of the Appeal Board may at any time resign from office by letter addressed to the Secretary General to the Government and the resignation shall take effect on the date specified in the letter or the date the letter is received by the Secretary General to the Government, whichever is the later.

(3) A member of the Appeal Board 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.

(4) Where a member 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 cease to be a member of the Appeal Board.

(5) The Government may for stated reasons at any time remove a member from office—

(a) for misbehaviour, or

(b) if it considers that—

(i) the member has become incapable through ill health of effectively performing the functions of the office,

(ii) the member has a conflict of interest of such significance that it requires that the person should cease to hold office, or

(iii) the member’s removal appears to be necessary for the effective performance of the functions of the Appeal Board.

(6) A person shall be disqualified from being and shall cease to be a member 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, or

(f) ceases to be ordinarily resident in the State.

Remuneration, etc., of members

5. Members of the Appeal Board shall be paid such remuneration (if any) and allowances for expenses as the Minister, with the consent of the Minister for Public Expenditure and Reform, may determine.

Procedure of Board

6. (1) The Appeal Board shall hold such and so many meetings as may be necessary for the effective performance of its functions.

(2) At a meeting of the Appeal Board—

(a) the quorum shall be 3 or such other number, not being less than 3, as the Appeal Board may determine,

(b) the chairperson shall, if present, be the chairperson of the meeting,

(c) if and so long as the chairperson is not present or the office of chairperson is vacant, the members of the Appeal Board who are present shall choose one of their number to act as the chairperson of the meeting,

(d) each member of the Appeal Board (including the chairperson) present at a meeting of the Appeal Board shall have a vote, and

(e) at a meeting of the Appeal Board a question on which a vote is required shall be determined by a majority of the votes of the members of the Appeal Board 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.

(3) Subject to this Act, the Appeal Board may regulate its own procedure.

(4) Subject to subparagraphs (5) and (6), the Appeal Board may perform any of its functions through or by the chairperson or any other member or other person who has been duly authorised by the Appeal Board in that behalf.

(5) A member of the Appeal Board may finally determine a particular case only if it has been considered at a meeting of the Board before the relevant authorisation is given.

(6) The Appeal Board may not authorise a person who is not a member to determine finally a particular case.

(7) A decision of the Appeal Board on an appeal may be by a majority of its members.

Vacancies in membership

7. (1) Where a member of the Appeal Board dies, becomes disqualified from holding office, resigns, is removed from office or otherwise ceases to be a member, the Government may appoint a person to be a member of the Appeal Board to fill the resultant vacancy.

(2) A person appointed to be a member of the Appeal Board under subparagraph (1) shall hold office for the remainder of the term of office of the member who occasioned the casual vacancy.

(3) For the purposes of subparagraph (2), a person who occasions or fills a casual vacancy shall be considered to have served a term as a member of the Appeal Board even though he or she held office for part only of the term.

(4) Subject to paragraph 6(2) (a), the Appeal Board may act notwithstanding one or more vacancies in its membership.

Secretary of Board

8. A person who is an officer of the Minister who is an established civil servant for the purposes of the Civil Service Regulation Acts 1956 to 2005 and who is seconded to the Appeal Board on a whole-time or part-time basis shall act as its secretary.

Non-disclosure of information

9. (1) Save as otherwise provided by law, a person shall not, without the consent of the Appeal Board, disclose information obtained by the person in his or her capacity as a member or the secretary of the Appeal Board.

(2) Nothing in subparagraph (1) shall prevent the disclosure of information in a report made to the Appeal Board or by or on behalf of the Appeal Board to the Minister.

Prohibition of improper influence

10. (1) A person shall not communicate with a member or the secretary of the Appeal Board for the purpose of influencing improperly either consideration by it of an appeal or any decision of the Appeal Board in respect of an appeal.

(2) If the member or secretary is of opinion that any communication is in contravention of subparagraph (1), he or she shall not entertain it further and shall immediately inform the Appeal Board in writing of its substance, and the Appeal Board shall acknowledge in writing the receipt of such information.

Reports to Minister

11. Section 17 shall, with all necessary modifications, apply in respect of the Appeal Board as it applies to the Authority.

PART 2 Appeals

PART 2

Appeals

General

12. The Appeal Board shall, as far as is practicable, ensure that appeals are dealt with and determined expeditiously.

Decisions of Authority subject to appeal

13. A person aggrieved by a decision of the Authority—

(a) refusing under section 31(3)(g), (h) or (i) to issue a licence,

(b) declining under section 63(2) to cause to be carried out an investigation of the matter the subject of a complaint,

(c) imposing under section 68(4) (a) a minor sanction,

(d) dismissing under section 68(4) (c) a complaint, or

(e) refusing to make a grant or relating to the amount of the grant made,

may, within 30 days from the date of receipt of notice of the decision, appeal to the Appeal Board against the decision by serving on the Appeal Board a notice of appeal which complies with paragraph 14(1).

Notice of appeal requirements

14. (1) The notice of appeal shall be in writing and shall state—

(a) the name and address of the appellant,

(b) the subject matter of the appeal,

(c) the appellant’s interest in its outcome, and

(d) the grounds of the appeal and the reasons, considerations and arguments on which they are based,

and shall be accompanied by the appropriate fee (if any) and by such documents relating to the appeal as the appellant considers necessary or appropriate.

(2) The appellant shall not, unless requested to do so by the Appeal Board, elaborate in writing on or make further submissions in writing in respect of the grounds of appeal stated in the notice of appeal or submit further grounds of appeal, and any such elaboration or further submission received by the Appeal Board shall not be considered by it.

(3) Without prejudice to paragraph 23, the Appeal Board shall not consider any documents submitted by an appellant at the appeal other than those which accompanied the notice of appeal.

Appeal Board not to consider appeal out of time, etc.

15. The Appeal Board shall not consider an appeal if the notice of appeal is not received by it before the expiration of the period of 30 days referred to in paragraph 13 or if the notice does not comply with the requirements of paragraph 14(1) (including clause (d) of that paragraph).

Authority to be party to appeal

16. The Authority shall be a party to every appeal.

Other parties to appeal

17. Where an appeal is brought against a decision of the Authority referred to in paragraph 13(b) or (d), or a decision referred to in paragraph 13(c) which relates to an investigation which arose from a complaint, the other party to the complaint shall also be a notice party to the appeal.

Notification of appeal

18. The Appeal Board shall, as soon as practicable after receipt of a notice of appeal, send a copy of the notice by prepaid registered post to—

(a) the Authority, and

(b) if paragraph 17 is applicable, the other party to the complaint.

Withdrawal of appeal

19. An appellant may withdraw an appeal by a notice in writing to the Appeal Board at any time before the appeal is determined.

Documents to be supplied to Appeal Board by Authority

20. The Authority shall, within 14 days of receipt of the copy of the notice of appeal, submit to the Appeal Board by prepaid registered post a copy of—

(a) the application for the licence or the licence or the complaint concerned and any other information received in that regard from the applicant, licensee or complainant, as the case may be,

(b) any investigation report (or investigation reports if section 68(4)(b) is applicable) or other report prepared for the Authority or other relevant documents or information in its possession in respect of its decision which is the subject of the appeal (including any submissions referred to in section 68(2) and (5)(b)),

(c) the record of the decision of the Authority which is the subject of the appeal, and

(d) the notice of the decision to the persons concerned.

Submissions by Authority on appeal

21. (1) The Authority may make submissions in writing to the Appeal Board in respect of the appeal within 30 days from the receipt of the copy of the notice of appeal from the Appeal Board, and submissions received by the Appeal Board from the Authority after the expiration of that period shall not be considered by it.

(2) Where no submissions have been received from the Authority within the period referred to in subparagraph (1), the Appeal Board may, without further notice to the Authority, determine the appeal.

(3) The Authority shall not, unless requested to do so by the Appeal Board, elaborate in writing on any submissions made under subparagraph (1) or make any further submissions in writing in respect of the appeal, and any such elaboration or further submissions, as the case may be, shall not be considered by the Appeal Board.

(4) Where a party to a complaint appeals against a decision to which paragraph 17 applies, this paragraph shall apply in respect of the other party to the complaint as if references in this paragraph to the Authority were references to that other party.

Submissions by person not party to appeal

22. (1) A person who is not a party to an appeal may make submissions in writing to the Appeal Board in respect of the appeal within 30 days from the receipt of the notice of appeal by the Appeal Board, and submissions received by the Appeal Board from the person after the expiration of that period shall not be considered by it.

(2) The person shall not, unless requested to do so by the Appeal Board, elaborate in writing on any submissions made under subparagraph (1) or make any further submissions in writing in respect of the appeal, and any such elaboration or further submissions, as the case may be, shall not be considered by the Appeal Board.

Further information required by Appeal Board

23. (1) Where the Appeal Board is of the opinion that any information or document is necessary to enable it to determine an appeal, it may serve, on any party to the appeal or on any person who has made submissions under paragraph 22, a notice in writing—

(a) requiring the party or person, as the case may be, to submit to it such information or documents as are specified in the notice, within the period specified in the notice (referred to in this paragraph as “the specified period”), being not less than 14 days beginning on the date of service of the notice, and

(b) stating that, if clause (a) is not complied with, it may determine the appeal after the expiration of the specified period without further notice to the party or person, as the case may be.

(2) Where a notice has been served on a person under this paragraph, the Appeal Board, at any time after the expiration of the specified period, may, whether or not the notice has been complied with, determine the appeal without further notice to the person.

Determination of appeal

24. (1) The appeal, if not withdrawn, shall, subject to subparagraphs (2) and (3), be determined by the Appeal Board—

(a) by confirming the decision of the Authority to which the appeal relates,

(b) by remitting, for stated reasons and with or without directions, the matter to the Authority for reconsideration and the making of a new decision (which new decision may, in the case of a decision of the Authority which falls within paragraph 13(c), be a decision under section 68(4)(a) to impose a major sanction),

(c) by substituting its determination for that decision (which determination may, in the case of a decision of the Authority which falls within paragraph 13(c), be a decision under section 68(4)(a) to impose a major sanction) which shall thereupon stand annulled.

(2) Sections 68(10) and 73 shall, with all necessary modifications, apply to the Appeal Board as it applies to the Authority.

(3) Where a determination of the Appeal Board referred to in subparagraph (1)(c) is a decision under section 68(4) (a) to impose a major sanction, sections 69 to 72 shall, with all necessary modifications, apply to the determination as if it were a decision of the Authority to impose a major sanction on the licensee concerned.

Dismissal of frivolous, etc., appeal

25. The Appeal Board shall dismiss any appeal which in its opinion is frivolous or vexatious or without substance or foundation.

Matters on which appeal is grounded

26. An appeal shall be grounded on—

(a) the record of the decision of the Authority which is the subject of the appeal,

(b) the information contained in the notice of appeal,

(c) any submissions (including any elaborations thereon) made in accordance with this Part to the Appeal Board on any matter arising on the decision or that information,

(d) any other document or information received in accordance with this Part by the Appeal Board on the hearing of the appeal.

Sittings of Appeal Board

27. Sittings of the Appeal Board shall be held otherwise than in public unless—

(a) the Authority, the appellant or, if paragraph 17 is applicable, the other party to the complaint makes a request in writing to the Appeal Board that the sittings (or a part thereof) in respect of the appeal concerned be held in public and states in the request the reasons for the request, and

(b) the Appeal Board, after considering the request (in particular, the reasons for the request), is satisfied that it would be appropriate to comply with the request.

Oral hearings

28. (1) Subject to subparagraphs (2) to (5), the Appeal Board, of its own motion or at the request of a party, may in its absolute discretion conduct an oral hearing of an appeal.

(2) A request by a party for an oral hearing—

(a) shall be made in writing to the Appeal Board,

(b) subject to clause (c), shall be made within the period of 30 days referred to in paragraph 13,

(c)(i) where the request is made by the Authority, shall be made within the period of 30 days referred to in paragraph 21 (1), or

(ii) if the request is made by the person referred to in paragraph 17 as the “other party”, shall be made within 30 days of the notice of appeal being received by that person.

(3) The Appeal Board shall not consider a request for an oral hearing made later than the expiration of the relevant period referred to in subparagraph (2).

(4) Where the Appeal Board refuses a request to conduct an oral hearing, it shall serve notice of its decision and the reasons for its decision on each party to the appeal and on any person who has made a submission under paragraph 22 in respect of the appeal.

(5) The Appeal Board in conducting an oral hearing may take evidence on oath, and the administration of such an oath by any member of the Appeal Board is hereby authorised.

(6) The Appeal Board may by notice in writing require any person to attend at such time and place as is specified in the notice to give evidence in respect of any matter in issue in the appeal or to produce any relevant documents within his or her possession or control or within his or her procurement.

(7) A person referred to in subparagraph (6) shall be entitled to the same immunities and privileges in respect of compliance with any requirement referred to in that subparagraph as if the person were a witness before the High Court.

(8) Where a person referred to in subparagraph (6) does not comply or fully comply with a requirement referred to in that subparagraph, the Appeal Board may apply to the Circuit Court, on notice to that person, for an order requiring the person to comply or fully comply, as the case may be, with the requirement within a period to be specified by the Court, and the Court may make the order sought or such other order as it thinks fit or refuse to make any order.

(9) The jurisdiction conferred on the Circuit Court by this section may be exercised by the judge of that Court for the circuit in which the person concerned ordinarily resides or carries on any profession, business or occupation.

Expenses of persons attending before Appeal Board

29. The reasonable travelling and subsistence expenses of any person attending before the Appeal Board in accordance with paragraph 28 (6) shall be paid out of moneys provided by the Oireachtas.

Notice of determination

30. The Appeal Board shall serve a notice in writing of its determination and the reasons for its determination on each party to the appeal and on any person who has made a submission under paragraph 22 in respect of the appeal.

Delayed or abandoned appeals

31. (1) Where the Appeal Board is of the opinion—

(a) that proceedings on an appeal have been unnecessarily delayed by the conduct of the appellant, or

(b) that an application for a licence to which the appeal relates has been abandoned,

it may serve on the appellant a notice in writing stating that it is of that opinion and requiring the appellant, within a period specified in the notice (being not less than 14 or more than 28 days from the date of service of the notice) to make a submission in writing to it as to why the appeal should not be treated as having been withdrawn.

(2) At any time after the expiration of the period specified in a notice under subparagraph (1), the Appeal Board may, after considering any submissions made to it pursuant to that subparagraph—

(a) declare that the appeal is and, where appropriate, the application under section 30 for a licence also is to be treated as having been withdrawn, or

(b) determine the appeal.

(3) Where under subparagraph (2)(a) the Appeal Board declares that an appeal or application referred to in that subparagraph is to be treated as having been withdrawn, then—

(a) the appeal is deemed to have been withdrawn and, accordingly, shall not be determined by the Appeal Board, or

(b) notwithstanding any previous decision relating to the application, a licence shall not be issued as a result of it,

as the case may be.

SCHEDULE 6 Provisions Applicable to Administration of Property Services Compensation Fund

SCHEDULE 6

Provisions Applicable to Administration of Property Services Compensation Fund

Section 77.

1. The Authority is deemed to hold on trust all moneys paid to the Fund and shall open and maintain a separate account for such moneys.

2. The Authority may invest moneys of the Fund in securities in which trustees are authorised by law to invest trust funds.

3. The Authority may, with the approval of the Minister, given with the consent of the Minister for Public Expenditure and Reform and the Minister for Finance, borrow for the Fund and, for the purpose of giving security in respect of such borrowing, may charge investments of the Fund.

4. The Authority may insure against any risk relating to the Fund.

5. The following shall be paid into the Fund—

(a) all appropriate contributions,

(b) all interest, dividends and other income and accretions of capital arising from the investment of the Fund or any part of it,

(c) the proceeds of any realisation of any investments of the Fund,

(d) all moneys borrowed for the purposes of the Fund,

(e) all moneys received by the Authority under any insurance effected by the Authority under paragraph 4, and

(f) any other moneys which may belong to or accrue to the Fund or be received by the Authority in respect of it (including any moneys payable by virtue of the imposition of a major sanction on a licensee which falls within paragraph (c) of the definition of “major sanction” in section 2(1)).

6. The following shall be paid out of the Fund—

(a) costs, charges and expenses incurred in maintaining, protecting, administering and applying the Fund,

(b) premiums on any insurance effected by the Authority under paragraph 4,

(c) repayments of moneys borrowed by the Authority for the Fund and payments of interest on such moneys,

(d) payments of any grants,

(e) costs, charges and expenses incurred by the Authority under Part 9 or under this Schedule,

(f) costs, charges and expenses incurred by the Authority in enforcing compliance with the regulations made under section 95 prescribing contributions to the Fund and ascertaining whether those regulations have been complied with, and

(g) other sums properly payable out of the Fund.

7. The Authority shall keep all proper and usual accounts of all moneys paid into the Fund and disbursements from the Fund, including—

(a) an income and expenditure account,

(b) a cash-flow statement, and

(c) a balance sheet.

8. As soon as may be after the end of each financial year of the Authority, the Authority shall submit—

(a) the accounts of the Fund to the Comptroller and Auditor General for audit, and

(b) a copy of an abstract of the accounts as so audited together with a copy of the report of the Comptroller and Auditor General thereon to the Minister.

9. The Minister shall cause copies of the 2 documents referred to in paragraph 8(b) to be laid before each House of the Oireachtas as soon as may be after the documents are submitted to him or her by the Authority.

SCHEDULE 7 Modifications of this Act in Relation to Relevant Persons

SCHEDULE 7

Modifications of this Act in Relation to Relevant Persons

Section 83.

1. Except as provided otherwise in this Schedule, sections 29 to 36, 39 and 40, paragraph (d) of the definition of “material matter” in section 41(4), sections 45, 52, 53, 77 to 81, 89 and 98 to 100 and paragraph 13 (except clauses (b), (c) and (d)) of Schedule 5 shall not have effect in relation to relevant persons.

2. In section 2(1)—

(a) in the definitions of “accounting records”, “advised letting value”, “advised market value”, “bank”, “business”, “client”, “client account”, “client moneys”, “financial services”, “improper conduct”, “investigation report”, “minor sanction”, “professional indemnity insurance” and “relevant price range”, any reference to a licensee is a reference to a relevant person, and

(b) in the definition of “major sanction”—

(i) any reference to a licensee is a reference to a relevant person,

(ii) the reference in paragraph (a) of that definition to the revocation of a licence is a reference to the prohibition of the relevant person from providing a property service in the State,

(iii) the reference in paragraph (b) of that definition to the suspension for a specified period of a licence is a reference to a prohibition of the relevant person from providing a property service in the State for a specified period, and

(iv) paragraph (c) is deleted.

3. Section 2 is amended by substituting the following for subsection (2)

“(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) a relevant person established in the State and whether or not—

(i) the client concerned is ordinarily resident in the State, or

(ii) the property concerned is located in the State,

(b) a relevant person who is an individual physically in the State—

(i) where the client concerned is ordinarily resident in the State, and

(ii) whether or not the property concerned is located in the State,

or

(c) in the case of a relevant person which is not an individual, any principal officer, employee or agent of the relevant person who is both an individual and physically in the State—

(i) where the client concerned is ordinarily resident in the State, and

(ii) whether or not the property concerned is located in the State.”.

4. In section 2(5) and (6), any reference to a licensee or former licensee is a reference to a relevant person or former relevant person respectively.

5. In section 11(1) and (2)(d), (g), (h), (i), (j) and (m), any reference to a licensee is a reference to a relevant person.

6. In section 18(7), (10) and (11), any reference to a licensee is a reference to a relevant person.

7. (1) Section 28(1) is amended by deleting “unless the person is the holder of a licence which is in force in respect of that property service” and substituting “unless the person is a relevant person and that property service is the corresponding property service within the meaning of section 82”.

(2) In section 28(2), any reference to a licensee is a reference to a relevant person.

8. In section 37—

(a) any reference to a licensee is a reference to a relevant person,

(b) any reference to a licence is a reference to a relevant authorisation, and

(c) any reference to a licensee’s registration number is a reference to the number (if any) assigned to the relevant person or the relevant person’s relevant authorisation which distinguishes that relevant person from any other relevant person holding a relevant authorisation from the same competent authority as the first-mentioned relevant authorisation is held.

9. Section 38 is amended—

(a) by substituting the following for subsection (3)

“(3) Subject to subsection (4), where a relevant person 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 relevant person be prohibited (which may be a permanent prohibition, a prohibition for a specified period or a prohibition subject to specified conditions) from providing any property service or a particular class of property service.”,

and

(b) in subsection (5), by inserting “, a relevant authorisation within the meaning of section 82 and a duplicate of such a relevant authorisation” after “a licence”.

10. In section 41—

(a) any reference to a licensee is a reference to a relevant person, and

(b) any reference to a licence is a reference to a relevant authorisation.

11. In section 42(1), any reference to a licensee is a reference to a relevant person.

12. In sections 43 and 44, any reference to a licensee is a reference to a relevant person.

13. In section 46, any reference to a licensee is a reference to a relevant person.

14. (1) In section 47(1) and (3), any reference to a licensee is a reference to a relevant person.

(2) Section 47 is amended—

(a) by substituting the following for subsection (5)

“(5) Subject to subsection (6), where a relevant person 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 relevant person be prohibited (which may be a permanent prohibition, a prohibition for a specified period or a prohibition subject to specified conditions) from providing any property service or a particular class of property service.”,

and

(b) by substituting the following for subsection (7)

“(7) Subject to subsection (8), where a relevant person is convicted on indictment of an offence under subsection (1) or (3), the court shall order that the relevant person be permanently prohibited from providing any property service.”.

15. In section 48—

(a) any reference to a licensee is a reference to a relevant person, and

(b) any reference to a former licensee is a reference to a former relevant person.

16. In sections 49 to 51, any reference to a licensee is a reference to a relevant person.

17. In section 54—

(a) any reference to a licensee is a reference to a relevant person,

(b) any reference to a former licensee is a reference to a former relevant person, and

(c) the reference in paragraph (b) of subsection (1) to the revocation or suspension of a licence is a reference to the prohibition of the relevant person from providing a property service or from providing a property service for a specified period respectively.

18. In Part 6, any reference to a licensee is a reference to a relevant person.

19. In Part 7—

(a) any reference to a licensee is a reference to a relevant person, and

(b) any reference in section 64 to the suspension of a licence is a reference to a prohibition of the relevant person from providing a property service in the State, whether for a period, or until the occurrence of an event, referred to in that section.

20. Section 66 is amended—

(a) by substituting the following for subsection (18)

“(18) Subject to subsection (19), where a relevant person is convicted summarily of an offence under subsection (17), the court may, after having regard to the nature of the offence and the circumstances in which it was committed, order that the relevant person be prohibited (which may be a permanent prohibition, a prohibition for a specified period or a prohibition subject to specified conditions) from providing any property service or a particular class of property service.”,

and

(b) by substituting the following for subsection (20)

“(20) Subject to subsection (21), where a relevant person is convicted on indictment of an offence under subsection (17), the court shall order that the relevant person be permanently prohibited from providing any property service.”.

21. In section 90, any reference to a licensee is a reference to a relevant person.

22. Section 94 is amended by substituting the following for subsection (2)

“(2) Subject to subsection (3), where a relevant person is convicted of an offence under subsection (1), the court may, after having regard to the nature of the offence and the circumstances in which it was committed, order that the relevant person be prohibited (which may be a permanent prohibition, a prohibition for a specified period or a prohibition subject to specified conditions) from providing any property service or a particular class of property service.”.

23. In section 95(1)(c) and (f), any reference to a licensee is a reference to a relevant person.

24. In Schedule 2—

(a) any reference to a licensee (except in paragraph 1 (k)) is a reference to a relevant person, and

(b) the reference in paragraph 1 (a) to the registration number of a licensee is a reference to the number (if any) assigned to the relevant person or the relevant person’s relevant authorisation which distinguishes that relevant person from any other relevant person holding a relevant authorisation from the same competent authority as the first-mentioned relevant authorisation is held.

25. Schedule 2 is amended, in paragraph 1—

(a) in clause (n), by substituting “thereon,” for “thereon, and”,

(b) in clause (o), by substituting “licensee,” for “licensee.”, and

(c) by inserting the following new clauses after clause (o)

“(p) whether or not the relevant person is, in the provision of the property service, subject to a scheme of protection for clients similar to that afforded by the Fund to clients of a licensee in the provision of a property service,

(q) details of the professional indemnity insurance cover available to the relevant person in the provision of the property service,

(r) particulars of the competent authority which issued the relevant authorisation held by the relevant person, and

(s) particulars of where the conditions (if any) subject to which the relevant person may provide the corresponding property service are available for inspection by a client or potential client of the relevant person.”.

26. Schedule 5 is amended, in paragraph 20, by substituting the following for clause (a)

“(a) the complaint concerned (if any) and any other information received in that regard from the complainant,”.

SCHEDULE 8 Consequential Amendments to Other Enactments

SCHEDULE 8

Consequential Amendments to Other Enactments

Section 101.

Amendment of section 35 of Sea Fisheries Act 1952.

1. Section 35 of the Sea Fisheries Act 1952 is amended by substituting the following for subsection (2)

“(2) This section shall not apply to any person holding a licence within the meaning of section 2(1) of the Property Services (Regulation) Act 2011, or a relevant authorisation within the meaning of section 82 of that Act, in respect of a service which falls, or substantially falls, as the case requires, within paragraph (a) of the definition of ‘property service’ in that first-mentioned section.”.

Amendment of section 8 of Pawnbrokers Act 1964.

2. Section 8 (inserted by section 153 of the Consumer Credit Act 1995) of the Pawnbrokers Act 1964 is amended, in subsection (3), in paragraph (e), by substituting the following for subparagraph (v)

“(v) a licence within the meaning of section 2(1) of the Property Services (Regulation) Act 2011, or a relevant authorisation within the meaning of section 82 of that Act, in respect of a service which falls, or substantially falls, as the case requires, within paragraph (a) of the definition of ‘property service’ in that first-mentioned section,”.

Amendment of section 30 of Pawnbrokers Act 1964.

3. Section 30(1) of the Pawnbrokers Act 1964 is amended by inserting “and who is the holder of a licence within the meaning of section 2(1) of the Property Services (Regulation) Act 2011, or a relevant authorisation within the meaning of section 82 of that Act, in respect of a service which falls, or substantially falls, as the case requires, within paragraph (a) of the definition of ‘property service’ in that first-mentioned section” after “Minister”.

Amendment of section 13 of Firearms Act 1964.

4. Section 13(2) of the Firearms Act 1964 is amended by inserting “(being the holder of a licence within the meaning of section 2(1) of the Property Services (Regulation) Act 2011, or a relevant authorisation within the meaning of section 82 of that Act, in respect of a service which falls, or substantially falls, as the case requires, within paragraph (a) of the definition of ‘property service’ in that first-mentioned section)” after “auctioneer”.

Amendment of section 44 of Bankruptcy Act 1988.

5. Section 44(4)(b) of the Bankruptcy Act 1988 is amended by substituting “section 52(1) of the Property Services (Regulation) Act 2011” for “section 7(1)(a) of the Auctioneers and House Agents Act 1967”.

Substitution of section 32 of Building Societies Act 1989.

6. The Building Societies Act 1989 is amended by substituting the following for section 32

“Services relating to land.

32.— (1) Subject to section 36, a building society may provide services relating to land.

(2) (a) Regulations may be made by the Minister, after consultation with the Central Bank, in respect of the provision by societies or their subsidiaries of services relating to land.

(b) Without prejudice to the generality of paragraph (a), regulations under this subsection may include provisions for—

(i) the protection of persons for whom the services relating to land are provided by societies from conflicts of interest that might otherwise arise in connection with the provision of such services;

(ii) securing that adequate compensation is available to such persons in respect of negligence, fraud or other dishonesty on the part of officers or employees of societies in connection with the provision of such services;

(iii) the extent to which and the manner in which such services would require the involvement of persons with relevant qualifications and experience;

(iv) the class or classes of persons to whom such services may be provided;

(v) the restriction of the power to provide such services to societies of a prescribed class or classes; or

(vi) amending, restricting or extending the definition of such services that may be provided under this section.

(3) No employee of a society, a subsidiary or other associated body of which provides services relating to land under this section, shall act as agent for the subsidiary or body.

(4) (a) A society or a subsidiary of a society providing services relating to land shall maintain separate accounting records and prepare accounts in respect of each year showing—

(i) the costs of providing each service, and

(ii) the income accruing from the charges made for the services,

and shall so provide and charge for each service that the income from the provision of the service is not less than sufficient to meet all costs properly attributable to the provision of the service taking one year with another.

(b) A statement attesting the correctness of the accounts prepared in accordance with paragraph (a) and confirming that such accounts have not been distorted as a result of any arrangement which would affect the apportionment of costs and income associated with the provision of each service and that such apportionments as have been made have been properly made shall be signed by the chief executive and 2 directors and attached to the annual accounts.

(5) In this section, ‘services relating to land’ means any service relating to the acquisition, disposition, management or development of land (including valuation, surveying, the collection of rent and the removal and storage of moveable property) or other services of a similar nature (including advisory services) that appear to the Central Bank to be services relating to such matters, but, and without prejudice to the generality of section 3 of the Property Services (Regulation) Act 2011, does not include the provision of a property service within the meaning of section 2(1) of that Act.”.

Amendment of section 36 of Building Societies Act 1989.

7. Section 36(1)(f) of the Building Societies Act 1989 is amended by deleting “auctioneering services and”.

Amendment of section 2 of Casual Trading Act 1995.

8. Section 2 of the Casual Trading Act 1995 is amended, in subsection (2), by substituting the following for paragraph (a)

“(a) selling by auction (other than by Dutch auction) by the holder of a licence within the meaning of section 2(1) of the Property Services (Regulation) Act 2011, or a relevant authorisation within the meaning of section 82 of that Act, in respect of a service which falls, or substantially falls, as the case requires, within paragraph (a) of the definition of ‘property service’ in that first-mentioned section,”.

Amendment of Stamp Duties Consolidation Act 1999.

9. The Stamp Duties Consolidation Act 1999 is amended by inserting the following sections after section 137A

“Information exchange with Property Services Regulatory Authority.

137B.— (1) In this section “Authority” means An tUdarás Rialála Seirbhísí Maoine or, in the English language, the Property Services Regulatory Authority.

(2) Notwithstanding any obligation to maintain secrecy or any other restriction on the disclosure or production of information obtained by or furnished to the Commissioners, the Commissioners shall, at such intervals as are specified by the Authority on or after the establishment day within the meaning of section 2(1) of the Property Services (Regulation) Act 2011, supply to the Authority, such information in the Commissioners’ e-stamping system (including information which was in that system before that establishment day) as may be required by the Authority for the performance of the functions of the Authority.

Provision of information to Commissioner of Valuation.

137C.— (1) In this section “Commissioner of Valuation” means a Commissioner appointed under section 9(5) of the Valuation Act 2001.

(2) Notwithstanding any obligation to maintain secrecy or any other restriction on the disclosure or production of information obtained by or furnished to the Commissioners, the Commissioners shall, at such intervals as are specified by the Commissioner of Valuation, supply to the Commissioner of Valuation such information in the Commissioners’ e-stamping system as may be required by the Commissioner of Valuation for the performance of the functions of the Commissioner of Valuation.”.

Amendment of Schedule 5 to Social Welfare Consolidation Act 2005.

10. Schedule 5 to the Social Welfare Consolidation Act 2005 is amended, in paragraph 1(4), by substituting the following for “the Probate Office,”

“the Probate Office,

the Property Services Regulatory Authority,”.