Dermot Ahern (Louth, Fianna Fail)

With the exception of amendment No. 82, these are drafting amendments which do not seek to change the policy as set out in the existing provisions but seek to improve the wording of the Bill or make consequential amendments in response to earlier amendments. In accordance with section 43, as amended by paragraph 12 of Schedule 7, in so far as it applies to relevant persons, such relevant persons must send a letter of engagement to all clients.

Schedule 2 specifies the information which must be included in such a letter. The Bill as published imposes an obligation on relevant persons to provide additional information to clients. This amendment specifies further information which a relevant person must include in the letter of engagement, namely, details of the competent authority which issued the licence or authorisation and details of where the conditions applicable to the authorisation scheme can be inspected. A relevant person is a person holding a property service licence from an issuing authority in another EU member state. Clients of such relevant persons will not be entitled to compensation from the compensation fund. In addition, they may have different arrangements in relation to professional indemnity insurance. The requirement on relevant persons to provide information to clients in relation to these issues is to ensure the clients know the protections available to them before entering into a contract with such a relevant person for the provision of a property service.

Amendment agreed to.

Government amendment No. 74:

In page 110, line 34, to delete "a person" and substitute "a relevant person".

Amendment agreed to.

Government amendment No. 75:

In page 111, to delete lines 16 to 33, and substitute the following:

"7. Section 28(1) is amended by deleting "unless the person is the holder of a licence which is in force in respect of that property service" and substituting "unless the person is a relevant person and that property service is the corresponding property service within the meaning of section 80.".".

Amendment agreed to.

Government amendment No. 76:

In page 112, to delete lines 8 to 10, and substitute the following:

"9. Section 38 is amended—

(a) by substituting the following for subsection (3):

"(3) Subject to subsection (4), where a relevant person is convicted of an offence under subsection (2), the court may, after having regard to the nature of the offence and the circumstances in which it was committed, order that the relevant person be prohibited (which may be a permanent prohibition, a prohibition for a specified period or a prohibition subject to specified conditions) from providing any property service or a particular class of property service.",

and

(b) in subsection (5), by inserting ", a relevant authorisation within the meaning of section 80 and a duplicate of such a relevant authorisation" after "a licence".".

Amendment agreed to.

Government amendment No. 77:

In page 112, line 18, to delete "Part 4" and substitute "sections 43 and 44".

Amendment agreed to. Government amendment No. 78:

In page 112, to delete lines 20 and 21, and substitute the following:

"13. In section 45, any reference to a licensee is a reference to a relevant person.

14. (1) In section 46(1) and (2), any reference to a licensee is a reference to a relevant person.

(2) Section 46 is amended—

(a) by substituting the following for subsection (4):

"(4) Subject to subsection (5), where a relevant person is convicted summarily of an offence under subsection (1) or (2), the court may, after having regard to the nature of the offence and the circumstances in which it was committed, order that the relevant person be prohibited (which may be a permanent prohibition, a prohibition for a specified period or a prohibition subject to specified conditions) from providing any property service or a particular class of property service.",

and

(b) by substituting the following for subsection (6):

"(6) Subject to subsection (7), where a relevant person is convicted on indictment of an offence under subsection (1) or (2), the court shall order that the relevant person be permanently prohibited from providing any property service.".".

Amendment agreed to.

Government amendment No. 79:

In page 112, to delete lines 39 and 40, and substitute the following:

"17. In Part 6, any reference to a licensee is a reference to a relevant person.

18. In Part 7—

(a) any reference to a licensee is a reference to a relevant person, and

(b) any reference in section 62 to the suspension of a licence is a reference to a prohibition of the relevant person from providing a property service in the State, whether for a period, or until the occurrence of an event, referred to in that section.".

Amendment agreed to.

Government amendment No. 80:

In page 112, between lines 40 and 41, to insert the following:

"18. Section 64 is amended—

(a) by substituting the following for subsection (18):

"(18) Subject to subsection (19), where a relevant person is convicted summarily of an offence under subsection (17), the court may, after having regard to the nature of the offence and the circumstances in which it was committed, order that the relevant person be prohibited (which may be a permanent prohibition, a prohibition for a specified period or a prohibition subject to specified conditions) from providing any property service or a particular class of property service.",

and

(b) by substituting the following for subsection (20):

"(20) Subject to subsection (21), where a relevant person is convicted on indictment of an offence under subsection (17), the court shall order that the relevant person be permanently prohibited from providing any property service.".".

Amendment agreed to.

Government amendment No. 81:

In page 112, between lines 42 and 43, to insert the following:

"19. Section 89 is amended by substituting the following for subsection (2):

"(2) Subject to subsection (3), where a relevant person is convicted of an offence under subsection (1), the court may, after having regard to the nature of the offence and the circumstances in which it was committed, order that the relevant person be prohibited (which may be a permanent prohibition, a prohibition for a specified period or a prohibition subject to specified conditions) from providing any property service or a particular class of property service.".".

Amendment agreed to.