On 25/05/2013,
you requested for the version in force on 25/05/2013
incorporating all amendments published on or before 25/05/2013.
The closest version currently available is that of 23/12/2011.
PART VI
SUSPENSION AND REVOCATION OF LICENCE AND REGISTRATION
54.
—(1) Subject to the provisions of this Act, the Council may suspend an estate agent’s licence for such period of time as it thinks fit, or revoke the licence at any time.
(2) The Council may suspend or revoke an estate agent’s licence —
(a)
if the relevant licensee has ceased to be engaged in estate agency work, or is wound up or otherwise dissolved;
(b)
if the relevant licensee is not eligible to hold or continue to hold the licence under the provisions of this Act, or would not be entitled to be granted a licence under the provisions of this Act if an application for a licence were to be made at such time;
(c)
if the relevant licensee had, in connection with the application for a licence, furnished false or misleading information in a material particular;
(d)
if any relevant certificate or qualification used to support the application for a licence is withdrawn or cancelled;
(e)
if the relevant licensee has contravened any requirements or other provisions of this Act;
(f)
if the relevant licensee has failed to pay any fine, fee, charge or financial penalty charged or imposed under this Act;
(g)
if the relevant licensee has failed to comply with any of the conditions attached to the licence; or
(h)
if the Council considers that the relevant licensee is no longer a fit and proper person to hold a licence.
(3) Where the Council proposes to suspend or revoke a licence, it shall give the relevant licensee written notice of the proposal and the reasons for it.
(4) A notice under subsection (3) shall state that within the period of 21 days beginning on the date of the notice, or within such longer period as the Council may allow in the particular case, representations regarding the proposed suspension or revocation, as the case may be, may be made in writing to the Council by or on behalf of the licensee concerned.
(5) Where representations are made pursuant to subsection (4), the Council shall not suspend or revoke the licence concerned without having considered the representations.
(6) Where a licence is suspended under this section, the Council may in its discretion shorten the period for which the licence is suspended or lift the suspension.
(7) Where any licence is suspended or revoked under this section, no fee or other sum paid in respect of the grant or renewal of the licence shall be refunded.
55.
—(1) Subject to the provisions of this Act, the Council may suspend the registration of a salesperson for such period of time as it thinks fit, or revoke the registration.
(2) The Council may suspend or revoke the registration of a salesperson at any time —
(a)
if the relevant salesperson has ceased to do work for or be engaged by the estate agent he was registered through;
(b)
if the relevant salesperson would not be eligible to be registered under the provisions of this Act if an application for registration were to be made at such time;
(c)
if the relevant salesperson or estate agent had, in connection with the application for registration, furnished false or misleading information in a material particular;
(d)
if any relevant certificate or qualification used to support the application for registration is withdrawn or cancelled;
(e)
if the relevant salesperson has contravened any requirements or other provisions of this Act;
(f)
if the relevant salesperson has failed to pay any fine, fee, charge or financial penalty charged or imposed under this Act;
(g)
if the relevant salesperson has failed to comply with any of the conditions attached to the registration; or
(h)
if the Council considers that the relevant salesperson is no longer a fit and proper person to be registered as a salesperson.
(3) Where the Council proposes to suspend or revoke the registration of a salesperson, it shall give the relevant salesperson and the estate agent he was registered through written notice of the proposal and the reasons for it.
(4) A notice under subsection (3) shall state that within the period of 21 days beginning on the date of the notice, or within such longer period as the Council may allow in the particular case, representations regarding the proposed suspension or revocation, as the case may be, may be made in writing to the Council by or on behalf of the persons concerned.
(5) Where representations are made pursuant to subsection (4), the Council shall not suspend or revoke the registration of the salesperson concerned without having considered the representations.
(6) Where registration is suspended under this section, the Council may in its discretion shorten the period for which the registration of a salesperson is suspended or lift the suspension.
(7) Where the registration of a salesperson is suspended or revoked under this section, no fee or other sum paid in respect of the registration shall be refunded.
56.
—(1) Where any estate agent’s licence is revoked or while any order of suspension remains in force, the estate agent shall cease to carry on the business of an estate agent.
(2) An estate agent whose licence is suspended shall, while the suspension remains in force, be deemed to be a person who does not hold an estate agent’s licence.
(3) Where the registration of a salesperson is revoked or while any order of suspension remains in force, the salesperson shall cease to act as a salesperson for any person.
(4) A salesperson whose registration is suspended shall, while the suspension remains in force, be deemed to be a person who is not registered as a salesperson.
(5) Any security furnished under section 33 may be forfeited to the Council in whole or in part at the discretion of the Council on the suspension or revocation of a licence.