Dermot Ahern (Louth, Fianna Fail)

The purpose of these amendments is to set out in greater detail the transitional arrangements in respect of persons who are already providing property services when the new legislation comes into force. New section 93 sets out definitions for the purpose of the transitional arrangements, most of which are already contained in the Bill. Subsections (1) to (4) of the new section 94 reflect what is currently section 93. They provided that a person who is providing a property service when the legislation comes into force and who applied for a licence to provide that service will be permitted to continue to provide the property service concerned until such time as a final decision has been made on his or her application. Subsection (5) is new and provides that where a licence is issued to a person who is providing a property service when the legislation comes into force the licence will run from the date of commencement of the legislation in respect of that property service.

The purpose is to ensure that all existing property service providers are treated the same by ensuring that all licences will be valid for a period of one year from the date of commencement of the Act, irrespective of the date the licences issued. Under the Bill property service employers and their principal officers and employees who provide property services will require licences but an employee or principal officer cannot provide property services for an employer who does not have a licence. New section 95 makes provisions for situations which may arise under the new system. Subsection (1) provides that where a property service employer, who is a provider of a property service before the commencement of the Act, is refused a licence under the new licensing arrangements, his or her employees or principal officers will no longer be able to provide a property service and the licence applications will be deemed to be withdrawn.

Subsection (2) provides that the authority will not make a decision in relation to the granting of a licence to principal officers or employees until a final decision has been made in relation to the employer's licence application. Subsection (3) provides that following commencement of the Act the transitional provisions will not apply to the employee or principal officer if his or her employer has not applied for the relevant licence. In other words, an employee or principal officer cannot provide the property service concerned unless his or her employer has applied for a licence. In such circumstances, the principal officers of the employer's licence application will be deemed to be withdrawn.