S.I. No. 199/2018 - Industrial Training (Property Services Industry) Order 2018

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 15th June, 2018.

An tSeirbhís Oideachais Leanúnaigh agus Scileanna, after making such inquiries as it thinks proper and consultation with organisations and associations appearing to it to be representative of substantial numbers of employers in the activities referred to in this Order and of substantial numbers of persons employed in such activities, in exercise of the powers conferred on it by section 23 of the Industrial Training Act 1967 (No. 5 of 1967) and by section 38 of the Further Education and Training Act 2013 (No. 25 of 2013) hereby makes the following Order:

1. This Order may be cited as the Industrial Training (Property Services Industry) Order 2018.

2. The following activities are hereby declared to be designated industrial activities for the purposes of the Industrial Training Act 1967 (No. 5 of 1967):

(a) the valuation of property;

(b) the negotiation, by private treaty or auction, of the sale or purchase of property;

(c) the letting of property;

(d) the provision of property management services;

(e) the marketing of property for the purpose of sale or letting; and

(f) the performance of administration and support functions in connection with the provision of property services.

3. In this Order:

“Act of 2011” means the Property Services (Regulation) Act 2011 ;

“auction” has the meaning given in section 2(1) of the Act of 2011;

“commercial property” has the meaning given in section 2(1) of the Act of 2011;

“land” has the meaning given in section 3 of the Land and Conveyancing Law Reform Act 2009 ;

“private treaty” means an agreement for the sale of property or land at a price negotiated directly between the vendor and purchaser (or their agents);

“property” means residential property, commercial property, land or, as the case permits, any combination of residential property, commercial property and land;

“property management services” means services in respect of the management of property, and such services include:

- administrative services, and

- the procurement of one or any combination of the maintenance, servicing, repair, improvement or insurance of an individual property;

“property services” has the meaning given in section 2(1) of the Act of 2011; and

“residential property” has the meaning given in section 2(1) of the Act of 2011.

GIVEN under the Official Seal of An tSeirbhís Oideachais Leanúnaigh agus Scileanna,

30 May 2018.

The Seal of An tSeirbhís Oideachais Leanúnaigh agus Scileanna was affixed in the presence of:

P. DELANEY

a member of An tSeirbhís Oideachais Leanúnaigh agus Scileanna, authorised by An tSeirbhís Oideachais Leanúnaigh agus Scileanna to act in that behalf.

P. O’TOOLE

a member of An tSeirbhís Oideachais Leanúnaigh agus Scileanna, authorised by An tSeirbhís Oideachais Leanúnaigh agus Scileanna to act in that behalf.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

An tSeirbhís Oideachais Leanúnaigh agus Scileanna was established under the Further Education and Training Act 2013 to promote training in industry and commerce.

This Order defines the activities of the property services industry in relation to which An tSeirbhís Oideachais Leanúnaigh agus Scileanna shall exercise its functions in the creation of statutory apprenticeships.