Estate Agents Act 2010 · 2020 Revised Edition · Part 3 · Licensing of Estate Agents and Registration of Salespersons
35A. Continuation of licence or registration, etc.
Feedback & supportLast amended by an amending law of 2020.
If disciplinary proceedings against a licensed estate agent (A) are pending immediately before the date on which A’s licence lapses, A is treated as a licensed estate agent from and including the date on which the licence lapses until the date the disciplinary proceedings are concluded, but only for the purposes of Part 5.
licensed estate agent
“licensed estate agent” means a person who is the holder of an estate agent’s licence;
If disciplinary proceedings against a registered salesperson (B) are pending immediately before the date on which B’s registration lapses, B is treated as a registered salesperson from and including the date on which the registration lapses until the date the disciplinary proceedings are concluded, but only for the purposes of Part 5.
registered salesperson
“registered salesperson” means a person who is registered as a salesperson under section 34;
This section applies to any licensed estate agent or registered salesperson against whom disciplinary proceedings are pending, whether before, on or after 30 July 2021.
In this section —
disciplinary proceedings are pending from and including the time that the disciplinary proceedings commence until the time that the disciplinary proceedings are concluded;
disciplinary proceedings commence when —
the Council receives a complaint under section 49(1); or
the Council receives any information under section 49(2); and
disciplinary proceedings are concluded when —
if the Council decides not to refer the matter to a Disciplinary Committee under section 49(11) after disciplinary proceedings have commenced —
the Council decides not to exercise any power under section 49(6);
the Council exercises any power under section 49(6) and no appeal is lodged against the decision under section 59(1) within the time for lodging the appeal under section 59(2); or
the Council exercises any power under section 49(6), an appeal is lodged against the decision under section 59(1) and —
the appeal is withdrawn;
the Appeals Board confirms, sets aside or modifies the Council’s decision under section 59(5)(a); or
the Council confirms, sets aside or modifies its decision upon a review required by the Appeals Board under section 59(5)(b); or
if the Council refers the matter to a Disciplinary Committee under section 49(11) after disciplinary proceedings have commenced —
the Disciplinary Committee determines, under section 52(1)(a), that there is no sufficient cause for disciplinary action against the person under investigation;
the Disciplinary Committee exercises any power under section 52(3), (4), (5) or (6), and no appeal is lodged against the decision under section 59(1) within the time for lodging the appeal under section 59(2); or
the Disciplinary Committee exercises any power under section 52(3), (4), (5) or (6), an appeal is lodged against the decision under section 59(1) and —
the appeal is withdrawn;
the Appeals Board confirms, sets aside or modifies the Disciplinary Committee’s decision under section 59(5)(a); or
the Disciplinary Committee confirms, sets aside or modifies its decision upon a review required by the Appeals Board under section 59(5)(b).