Property Services (Regulation) Act 2011
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Circumstances in which application may be made to High Court for immediate suspension of licence, etc. |
64.— (1) Without prejudice to subsection (4), where the Authority considers that the immediate suspension of the licence of a licensee (whether or not the licensee is the subject of a complaint) is necessary to protect the clients of the licensee, or the users or potential users of the property services provided by the licensee, until steps or further steps are taken under this Part, the Authority may, on notice to the licensee, make an application in a summary manner to the High Court for an order to suspend the licence. | |
(2) The High Court may determine an application under subsection (1) by— | ||
(a) making any order that it considers appropriate, including an order suspending the licence of the licensee the subject of the application for such period, or until the occurrence of such event, as is specified in the order, and | ||
(b) giving to the Authority any other direction that the High Court considers appropriate. | ||
(3) The Authority shall, on complying with a direction of the High Court under subsection (2)(b), give notice in writing to the licensee concerned of the Authority’s compliance with the direction. | ||
(4) (a) Where the Authority considers that the immediate suspension of the licence of a licensee (and whether or not the licensee is the subject of a complaint) is necessary because of the immediate risk of financial harm to clients of the licensee, or the users or potential users of the property services provided by the licensee, the Authority may make an application in a summary manner ex parte to the High Court for an interim order to suspend the licence. | ||
(b) The application for such an order shall be grounded on an affidavit sworn on behalf of the Authority. | ||
(5) (a) The High Court may make an interim order to suspend a licence on an application under subsection (4) where, having regard to the circumstances of the case, the Court considers it necessary to do so for the protection of— | ||
(i) the clients of the licensee, or | ||
(ii) the users or potential users of the property services provided by the licensee. | ||
(b) If an interim order is made, a copy of the order and the affidavit referred to in subsection (4)(b) shall be served on the licensee as soon as is practicable. | ||
(c) The interim order shall have effect for a period, not exceeding 8 working days, to be specified in the order, and shall cease to have effect on the determination by the High Court of an application under subsection (1) for an order to suspend the licence. | ||
(6) (a) An interim order under subsection (5) shall take effect on notification of its making being given to the licensee. | ||
(b) Oral communication to the licensee by or on behalf of the Authority of the fact that an interim order has been made, together with production of a copy of the order, shall, without prejudice to any other form of notification under this Act, be taken to be sufficient notification to the licensee of the making of the order. | ||
(7) An application under subsection (4) shall be heard otherwise than in public unless the High Court considers it appropriate to hear the application in public. | ||
(8) Section 72 (3), (4) and (5) shall, with all necessary modifications, apply to a licence suspended under subsection (2) or (5) as it applies to a licence suspended pursuant to a decision confirmed or given under section 70 (3) or 71 (2). |