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Exemptions for former house agents, former principal licensees and former house agent salespersons

Estate Agents (Licensing and Registration) Regulations 2010

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—(1) Subject to the Act and paragraph (3) and (4), regulation 16(1) shall not apply to any former house agent, former principal licensee or former house agent salesperson who —(a)applies for registration as a salesperson on or before 31st December 2010; and (b)on or before 22nd October 2010 passes an industry examination listed in the first column of the Third Schedule that is conducted by the body specified in the second column thereto.(2) Subject to the Act, any former house agent, former principal licensee or former house agent salesperson who applies for registration as a salesperson on or before 31st December 2010 and who has completed at least 3 property transactions (acting for any house agent or as the holder of a house agent’s licence) in the 2 years immediately before 22nd October 2010 —(a)shall be exempted from regulation 16(1) until 31st December 2011 and may, subject to the other requirements of the Act, be provisionally registered as a salesperson until that date; and(b)shall be exempted from regulation 16(1) if he passes —(i)an industry examination listed in the first column of the Third Schedule that is conducted by the body specified in the second column on or before 31st December 2010; or(ii)the Real Estate Agency examination or Real Estate Salesperson examination, on or before 31st December 2011.(3) A former house agent, former principal licensee or former house agent salesperson to whom regulation 16(1) does not apply under paragraph (1), or who is exempted from regulation 16(1) under paragraph (2)(b), continues not to be subject to regulation 16(1)(a) or continues to be exempted from regulation 16(1)(a) in respect of an application for registration as a salesperson made on or after 1 January 2011.(4) A former house agent, a former principal licensee or a former house agent salesperson (called in this regulation the former agent) to whom regulation 16(1) does not apply under paragraph (1), or who is exempted from regulation 16(1) under paragraph (2)(b), continues not to be subject to regulation 16(1)(b) or continues to be exempted from regulation 16(1)(b) in respect of an application for registration as a salesperson made on or after 1 January 2011 —(a)if the former agent was on 1 January 2011, and had since that date continuously been, any one or more of the following persons (called in this paragraph relevant persons):(i)a specified individual; (ii)a key executive officer of any licensed estate agent;(iii)a registered salesperson of any licensed estate agent; or(b)if the former agent —(i)was on 1 January 2011, and had since that date continuously been (other than any break not exceeding 2 years each), any one or more of the relevant persons; and(ii)had satisfied the CPE requirements under the Act —(A)for the year or years that the former agent had been any one or more of the relevant persons; and(B)for the year or years during which the former agent had ceased to be any one or more of the relevant persons, as if the former agent had not ceased to be such relevant person or persons.

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