114Power of Board to suspend licence

114 Power of Board to suspend licence

(1)  The Board may, by written notice sent to a property agent, suspend the licence of that property agent if –

(a) it is satisfied that the property agent has failed –

(i) to pay a fine imposed on the property agent by the Tribunal within the specified time; or

(ii) to comply with a requirement made of the property agent by the Board or the Tribunal under section 108 or 110 ; or

(iii) to honour an undertaking given to the Board or Tribunal; or

(b) it is satisfied that it is necessary to do so to inquire into a conduct complaint made against the property agent or to inquire into a matter that could be the subject of such a complaint; or

(c) the property agent has been found guilty of an offence that the Board considers makes it inappropriate that the property agent should continue to act as a property agent; or

(d) the right of the property agent to act as a property agent under the law of another jurisdiction has been suspended or cancelled for a reason relating to the property agent's professional conduct or physical or mental capacity.

(2)  The suspension may be a total or a partial suspension.

(3)  The Board is not required to give a property agent an opportunity to be heard before suspending the agent's licence, but may do so.

(4)  A notice under subsection (1) must set out –

(a) whether the suspension is total or partial and, if it is partial, the activities of the property agent to which the suspension applies; and

(b) the reasons for the suspension; and

(c) the period of the suspension; and

(d) the property agent's right of appeal; and

(e) if that period is not to start immediately, when it is to start.

(5)  If the Board considers it to be in the public interest to do so, it may publish details of a suspension under this section in such manner as it considers will best bring the suspension to the attention of those persons affected by it or likely to be affected by it.