Property Services (Regulation) Act 2011

Interpretation of transitional provisions.

98.— In the transitional provisions—

“Act of 1947” means the Auctioneers and House Agents Act 1947 ;

“final determination”, in relation to an application under section 30 referred to in section 99 (1)(b) made by a person concerned for a licence to provide a property service concerned, means—

(a) the issue under section 31 (1) by the Authority of a licence to the person concerned to provide the property service concerned,

(b) the refusal under section 31 (3)(a), (b), (c), (d), (e) or (f) by the Authority to issue a licence to the person concerned to provide the property service concerned,

(c) subject to paragraph (d), the refusal under section 31 (3)(g), (h) or (i) by the Authority to issue a licence to the person concerned to provide the property service concerned and the taking effect of that decision in accordance with section 76 , or

(d) if there is an appeal to the Appeal Board against a refusal referred to in paragraph (c)

(i) the withdrawal of the appeal as specified in paragraph 19 of Schedule 5 ,

(ii) the confirmation of the decision of the Authority by the Appeal Board as specified in paragraph 24(1)(a) of Schedule 5 ,

(iii) the taking effect in accordance with section 76 of a new decision by the Authority as specified in paragraph 24(1)(b) of Schedule 5 ,

(iv) the taking effect of the Appeal Board’s determination in substitution for the decision of the Authority as specified in paragraph 24(1)(c) of Schedule 5 ,

(v) the dismissal of the appeal as specified in paragraph 25 of Schedule 5 , or

(vi) the withdrawal of the appeal as specified in paragraph 31(2)(a) and (3) of Schedule 5 ,

as applicable;

“person concerned” has the meaning given to it by section 99 (1);

“property service concerned” has the meaning given to it by section 99 (1);

“transitional provisions” means this section and sections 99 and 100 .