Dermot Ahern (Louth, Fianna Fail)

Not very long. This is to cater for those people who are currently applying for a licence and who, following the passage of the legislation, will come in under the new arrangements.

Amendment agreed to.

Government amendment No. 69:

In page 87, before section 93, to insert the following new section:

94.-(1) Subject to subsection (3) and section 95#, sections 28(1) and 84 and the provisions of this Act applicable to a licensee and a property service shall not apply to a person (in the transitional provisions referred to as a "person concerned") and a property service (in the transitional provisions referred to as a "property service concerned") provided by the person concerned if, and only if-

(a) the person concerned was lawfully providing the property service concerned before the commencement of section 28(1) in respect of that property service, and

(b) the person concerned has, before that commencement, made an application under section 30 for a licence to provide the property service concerned and there has not been a final determination of the application before that commencement.

(2) Where subsection (1) has not ceased to apply to a person concerned and a property service concerned, the statutory provisions repealed, revoked or amended by this Act (including Part IV of the Act of 1947) shall, in so far as they applied to the person concerned and the property service concerned before the commencement of section 28(1) in respect of that property service, continue to apply to the person concerned and the property service concerned as if those statutory provisions have not been so repealed, revoked or amended, as the case may be.

(3) Subject to section 95, subsection (1) shall cease to apply to a person concerned and a property service concerned immediately upon the final determination of the application under section 30 referred to in subsection (1)(b)made by the person concerned for a licence to provide the property service concerned.

(4) Notwithstanding the repeal of the Act of 1947 effected by the commencement of section 6(1), Part IV of that Act shall continue to apply to a deposit (within the meaning of section 2 of that Act) which has not been released before that commencement and, for the purposes of such application, a licence (if any) under this Act held by the depositor shall not be treated as a licence referred to in that Part.

(5) Where a licence is issued to a person concerned in respect of a property service concerned pursuant to the final determination of the application under section 30 referred to in subsection (1)(b) made by the person for that licence, the period of validity of the licence as so issued shall be deemed to start to run on the day of commencement of section 28(1) in respect of the property service concerned, and irrespective of whether the licence is issued before, on or after that commencement.

Amendment agreed to.

Government amendment No. 70:

In page 87, before section 93, to insert the following new section:

95.—(1) Where—

(a) a person concerned (in this subsection referred to as "the first-mentioned person concerned")—

(i) would, but for section 94(1), be required to be licensed as a property services employer in order to continue to provide a property service concerned on and after the commencement of section 28(1) in respect of that property service, and

(ii) has, before that commencement, made an application under section 30 for a licence to provide that service as a property service employer,

and

(b) another person concerned (in this subsection referred to as "the second mentioned person concerned")—

(i) is a principal officer or an employee of the first-mentioned person concerned, and, in that capacity, provides the property service concerned referred to in paragraph (a)(i) on behalf of the first mentioned person concerned,

(ii) would, but for section 94(1), be required to be licensed as a principal officer or an employee, as the case may be, in order to continue to so provide that service on and after the commencement of section 28(1) in respect of that property service, and

(iii) has, before that commencement, made an application under section 30 to be licensed as referred to in subparagraph (ii),

then, if the final determination of the application referred to in paragraph (a)(ii) is that the first-mentioned person concerned is not issued a licence to provide the property service concerned referred to in paragraph (a)(i) as a property services employer—

(i) section 94(1) shall cease to apply to the second-mentioned person concerned in so far as the second-mentioned person concerned provides that property service on behalf of the first-mentioned person concerned, in his or her capacity as a principal officer or employee, as the case may be, of the first-mentioned person concerned, and

(ii) the application referred to in paragraph (b)(iii) shall be deemed to have been withdrawn by the second-mentioned person concerned.

(2) Without prejudice to the generality of subsection (1), the Authority shall not determine the application referred to in subsection (1)(b)(iii) until there has been a final determination of the application referred to in subsection (1)(a)(ii).

(3) Where—

(a) a person concerned (in this subsection referred to as "the first-mentioned person concerned")—

(i) would, but for section 94(1), be required to be licensed as a property services employer in order to continue to provide a property service concerned on and after the commencement of section 28(1) in respect of that property service, and

(ii) has not, before that commencement, made an application under section 30 for a licence to provide that service as a property services employer,

and

(b) another person concerned (in this subsection referred to as "the second mentioned person concerned")—

(i) is a principal officer or an employee of the first-mentioned person concerned and, in that capacity, provides the property service concerned referred to in paragraph (a)(i) on behalf of the first mentioned person concerned,

(ii) would, but for section 94(1), be required to be licensed as a principal officer or an employee, as the case may be, in order to continue to so provide that property service on and after the commencement of section 28(1) in respect of that property service, and

(iii) has, before that commencement, made an application under section 30 to be licensed as referred to in subparagraph (ii),

then—

(i) section 94(1) shall not apply to the second-mentioned person concerned or the property service concerned referred to in paragraph (a)(i) in so far as that second-mentioned person concerned was providing that property service, on behalf of the first-mentioned person concerned, in his or her capacity as a principal officer or employee, as the case may be, of the first-mentioned person concerned, and

(ii) the application referred to in paragraph (b)(iii) shall be deemed to have been withdrawn by the second-mentioned person concerned.

Amendment agreed to.

Section 93 deleted.

Section 94 agreed.

Schedules 1 and 2 agreed to.

SCHEDULE 3.