S.I. No. 475/2023 - Property Services (Regulation) Act 2011 (Renewal of Certain Licences) Regulations 2023

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 29th September, 2023.

The Property Services Regulatory Authority, in exercise of the powers conferred on it by section 95 of the Property Services (Regulation) Act 2011 (No. 40 of 2011) including for the purposes of section 31 (6) of that Act, and with the consent of the Minister for Justice (as adapted by the Justice and Equality (Alteration of Name of Department and Title of Minister) Order 2020 ( S.I. No. 452 of 2020 )), hereby makes the following regulations:

1. These Regulations may be cited as the Property Services (Regulation) Act 2011 (Renewal of Certain Licences) Regulations 2023.

2. In these Regulations –

“Act of 2011” means the Property Services (Regulation) Act 2011 (No. 40 of 2011);

“licence” means a licence, within the meaning of the Act of 2011, that is stated therein to have an expiry date of 5 November 2023.

3. These Regulations apply to the renewal of licences in accordance with section 35 of the Act of 2011 pursuant to renewal applications duly made in the year 2023 only and references in these Regulations to the renewal of a licence or an application for the renewal of a licence shall be construed accordingly.

4. Subject to Regulations 3 and 5, where a licence (other than the licence of an individual) is being renewed in accordance with section 35 of the Act of 2011 and the initial letter of the name of the licensee contained in the “Licensee Details” column of the Property Services Register as at 24 September 2023 falls between the letters –

(a) a to b, the period of validity of the licence so renewed shall be 15 months,

(b) c to g, the period of validity of the licence so renewed shall be 14 months,

(c) h to n, the period of validity of the licence so renewed shall be 13 months, and

(d) o to z, the period of validity of the licence so renewed shall be 12 months,

commencing on the date on which the licence was otherwise due to expire.

5. For the purposes of Regulation 4, in ascertaining the initial letter of the name of the licensee contained in the “Licensee Details” column of the Property Services Register as at 24 September 2023, titles such as “Dr.”, “Mr.” and “Ms.” shall be disregarded.

6. Subject to Regulations 3 and 7, where the licence of an individual is being renewed in accordance with section 35 of the Act of 2011 and the initial letter of the surname of the licensee contained in the “Licensee Details” column of the Property Services Register as at 24 September 2023 falls between the letters –

(a) a to b, the period of validity of the licence so renewed shall be 15 months,

(b) c to g, the period of validity of the licence so renewed shall be 14 months,

(c) h to n, the period of validity of the licence so renewed shall be 13 months, and

(d) o to z, the period of validity of the licence so renewed shall be 12 months,

commencing on the date on which the licence was otherwise due to expire.

7. For the purposes of Regulation 6, in the case of an application for renewal of a licence made by a principal officer or an employee of a property services employer where the licence of the property services employer is stated therein to have an expiry date of 5 November 2023, the initial letter of the surname of the principal officer or employee shall be deemed to be the initial letter –

(a) of the name of his or her property services employer, ascertained in accordance with Regulations 4 and 5, or

(b) of the surname of his or her property services employer, ascertained in accordance with Regulation 6, where that employer is an individual.

The Minister for Justice consents to the making of the foregoing Regulations.

GIVEN under the Official Seal of the Minister for Justice,

26 September, 2023.

HELEN MCENTEE,

Minister for Justice.

GIVEN under the Seal of the Property Services Regulatory Authority,

26 September, 2023.

MICHAEL QUINLAN,

Chairperson, Property Services Regulatory Authority.

MAEVE HOGAN,

Chief Executive, Property Services Regulatory Authority.

EXPLANATORY NOTE

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

These Regulations provide for the granting of licences of between twelve and fifteen months duration to licensees whose licences expire on 5 November, 2023.