Property Services (Regulation) Act 2011

Contents

1. Art. 1 Short title and commencement.
2. Art. 2 Interpretation.
3. Art. 3 Exemptions.
4. Art. 4 Application of this Act to principal officers and employees.
5. Art. 5 Laying of regulations and orders.
6. Art. 6 Expenses.
7. Art. 7 Repeals and revocation.
8. Art. 8 Establishment day.
9. Art. 9 Establishment of Property Services Regulatory Authority.
10. Art. 10 Membership of Authority and terms of membership.
11. Art. 11 Functions of Authority.
12. Art. 12 Meetings.
13. Art. 13 Membership of either House of the Oireachtas, European Parliament or local authority.
14. Art. 14 Advisory committees, consultants and advisers.
15. Art. 15 Non-disclosure of information.
16. Art. 16 Strategic plans.
17. Art. 17 Reports to Minister.
18. Art. 18 Codes of practice.
19. Art. 19 Chief Executive.
20. Art. 20 Staff of Authority.
21. Art. 21 Superannuation.
22. Art. 22 Accounts and audits.
23. Art. 23 Accountability of Chief Executive to Oireachtas Committee established to examine, etc., appropriation accounts, etc.
24. Art. 24 Accountability of Chief Executive to other Oireachtas Committees.
25. Art. 25 Power to charge and recover fees.
26. Art. 26 Advances by Minister to Authority.
27. Art. 27 Inspectors.
28. Art. 28 Prohibition of unlicensed property service.
29. Art. 29 Register of licensees.
30. Art. 30 Application for licence.
31. Art. 31 Issue or refusal of licence.
32. Art. 32 Tax clearance.
33. Art. 33 Documents to accompany certain applications.
34. Art. 34 Notification to applicant of refusal to issue licence, etc.
35. Art. 35 Renewal of licence.
36. Art. 36 Notification to applicant of refusal to renew licence, etc.
37. Art. 37 Display and production of licences.
38. Art. 38 Offence to use licence issued to another person.
39. Art. 39 Issue of replacement licence, etc.
40. Art. 40 Surrender and seizure of licence following suspension or revocation, etc.
41. Art. 41 Notification of material matter to Authority.
42. Art. 42 Provision of information by Garda Síochána.
43. Art. 43 Letter of engagement.
44. Art. 44 Retention of records.
45. Art. 45 Professional indemnity insurance.
46. Art. 46 Keeping and preservation of client accounts and records.
47. Art. 47 Offences relating to client accounts and accounting records.
48. Art. 48 Control of banking accounts or assets of licensees.
49. Art. 49 Priority of claims to client moneys.
50. Art. 50 Preservation of lien and other rights.
51. Art. 51 Provisions regarding banks.
52. Art. 52 Vesting in Official Assignee of sums to credit of certain client accounts.
53. Art. 53 Provisions relating to client accounts in event of bankruptcy.
54. Art. 54 Power of Authority to deal with documents.
55. Art. 55 Vendor to be given statement of advised market value, etc.
56. Art. 56 Estimate of selling price not to be less than advised market value, etc.
57. Art. 57 Evidence of reasonableness of advised market value.
58. Art. 58 Sale by auction.
59. Art. 59 Disclosure requirements applicable to vendor and licensee in relation to sale of residential property.
60. Art. 60 Prohibition on provision of financial services, etc.
61. Art. 61 Retention of records where sale of land other than by auction.
62. Art. 62 Regulations under Part 6 .
63. Art. 63 Complaints against licensees.
64. Art. 64 Circumstances in which application may be made to High Court for immediate suspension of licence, etc.
65. Art. 65 Investigations.
66. Art. 66 Powers of entry and inspection, etc., of inspectors for purposes of investigation.
67. Art. 67 Protection for persons reporting improper conduct, etc.
68. Art. 68 Actions to be taken by inspector and Authority upon completion of investigation.
69. Art. 69 Confirmation of High Court required before decision under section 68(4)(a) to impose major sanction takes effect.
70. Art. 70 Appeal to High Court against decision to impose major sanction.
71. Art. 71 Application to High Court to confirm decision to impose major sanction.
72. Art. 72 Provisions supplementary to sections 70 and 71.
73. Art. 73 Matters to be considered in determining sanctions to be imposed.
74. Art. 74 Property Services Appeal Board.
75. Art. 75 Appeal to High Court on question of law.
76. Art. 76 Taking effect of certain decisions of Authority.
77. Art. 77 Property Services Compensation Fund.
78. Art. 78 Compensation for loss due to dishonesty.
79. Art. 79 Regulations may provide for professional competence schemes.
80. Art. 80 Review of professional competence scheme.
81. Art. 81 Duty of licensees to maintain professional competence.
82. Art. 82 Part 11 and Schedule 7.
83. Art. 83 Application of this Act to relevant persons.
84. Art. 84 Relations with competent authorities.
85. Art. 85 Effect of revocation or suspension of relevant person’s relevant authorisation.
86. Art. 86 Residential property sales prices.
87. Art. 87 Database of commercial property leases.
88. Art. 88 Tenants to provide Authority with particulars of relevant commercial leases.
89. Art. 89 Investigation of persons other than licensees.
90. Art. 90 Certain provisions to be void.
91. Art. 91 Publication of sanctions, etc.
92. Art. 92 Receipt of notice.
93. Art. 93 Restriction of right of access to personal data in certain circumstances
94. Art. 94 Offences — general.
95. Art. 95 Regulations that may be made by Authority — general.
96. Art. 96 Regulations that may be made by Minister — general.
97. Art. 97 Power to specify form of documents.
98. Art. 98 Interpretation of transitional provisions.
99. Art. 99 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.
100. Art. 100 Modification of operation of section 99(1) in specified circumstances.
101. Art. 101 Consequential amendments to other enactments.