A.D. 1923.

Fees.

Persons

entitled to be registered.

(Registration.)

(2) There shall be paid to the registrar and the officers of the Board such salaries or remuneration as the Board may from time to time by resolution determine.

(3) Any expenses incurred by the Board in carrying this Act into effect, including expenses in connection 5 with examinations or prosecutions under this Act, shall be defrayed out of the sums received by the Board by way of fees under this Act.

5. (1) There shall be paid to the Board in respect of every application to be examined or to be registered 10 under this Act, and in respect of the retention in any year of the name of any person on the register, and in respect of the restoration to the register of the name of any person which has been removed therefrom, such fees respectively as the Board may from time to time by 15 resolution determine.

(2) The Board may charge for any certificate or other document issued, or in respect of any services performed by them, such fees as may be prescribed.

6. (1) Subject to the provisions of this Act and 20 upon payment of the fee for registration for the time. being determined by the Board the following persons shall be entitled to be registered under this Act:

(A) All persons who are at the commencement of this Act, or shall thereafter become Fellows or 25 Professional Associates of the Surveyors' Institution, or Fellows or Associates of the Auctioneers and Estate Agents' Institute of the United Kingdom, or members or Qualified Associates of the Land Agents' Society;

30 (B) Any person who, although not possessing any such qualification as is referred to in paragraph (A) of this subsection, shall, within one year from the commencement of this Act, make application in writing to the Board to enter 35 his name in the register, and within one year from the date of his application proves to the satisfaction of the Board that he was, at the commencement of this Act, engaged in carrying out the specified duties or some of them 40 either (i) on his own account or in partnership with others, or as an officer of any Government

(Registration).

department, or of any county borough or
district council, or of any authority, company,
or body constituted by Act of Parliament;
or (ii) (subject to the Board being satisfied as
to the manner and extent of the carrying out
by him of such duties) as a professional assis-
tant to a person or firm carrying out such
duties and-

(a) in the case of any such person as is
referred to under the foregoing head (i) had
been so engaged for a continuous period
of five years prior to the commencement of
this Act in any such capacity as is referred
to in that head; or

(b) in the case of any such person as is referred to under the foregoing head (ii) had been so engaged for a period or periods of, or amounting in the aggregate to, seven years prior to the commencement of this Act in the capacity referred to in that head; or

(c) in the case of any such person as is
referred to under either of the said heads
had been so engaged during part of a period
or periods of, or amounting in the aggregate
to, six years prior to the commencement of
this Act in any such capacity as is referred
to in the said head (i) and during the remain-
der of such period or periods in the capacity
referred to in the said head (ii) :

(c) Any person who, by virtue of his having passed
a qualifying examination approved by the Board,
is at the commencement of this Act or shall
thereafter become the holder of a degree in
estate management or any other degree ap-
proved by the Board as denoting a sufficient
training for the specified duties, granted by
any university in the United Kingdom estab-
lished or regulated by Royal Charter or by
Act of Parliament, and who shall within one
year from the commencement of this Act,
or from any subsequent date on which he
becomes such a holder (as the case may be),
make application in writing to the Board to
enter his name in the register provided that such

A.D. 1923.

A.D. 1923.

(Registration).

person proves to the satisfaction of the Board
that he is at the date of his application engaged
in carrying out the specified duties or some of
them either (i) on his own account or in partner-
ship with others, or as an officer of any Govern- 5
ment department, or of any county borough or
district council, or of any authority, company,
or body constituted by Act of Parliament;
or (ii) (subject to the Board being satisfied
as to the manner and extent of the carrying out 10
by him of such duties) as a professional assis-
tant to a person or firm carrying out such duties
and that he has been so engaged―

(a) in the case of any such person as is
referred to under the foregoing head (i) for 15
a continuous period of three years prior to the
date of his application in any such capacity
as is referred to in that head; or

(b) in the case of any such person as is referred to under the foregoing head (ii) for 20 a continuous period of five years prior to the date of his application in the capacity referred to in that head; or

(c) in the case of any such person as is referred to under either of the said heads 25 during part of a period or periods of or amounting in the aggregate to four years prior to the date of his application in any such capacity as is referred to in the said head (i) and during the remainder of such 30 period or periods in the capacity referred to in the said head (ii):

(D) All persons who shall possess the prescribed qualifications for registration under this Act:

Provided that if the Board in their dis- 35 cretion think fit so to do they may, in the case of any such professional assistant as is referred to under either of the foregoing paragraphs (B) and (c), reckon for the purpose of any such aggregation of periods any period of service 40 in His Majesty's naval, military, or air forces by such assistant.

(Registration).

(2) All persons who, at the commencement of this A.D. 1923. Act, are entitled under the provisions of paragraph (A) of subsection (1) of this section to be registered and who shall desire to be registered shall, within six months after 5 such commencement, make application in writing to the Board for registration.

10

15

20

20

25

7. Notwithstanding anything in this Act, the Board Power to may refuse to register under this Act any person who is refuse proved to the satisfaction of the Board

registration
in certain
(a) to have been convicted of any felony or mis- cases.
demeanour in or beyond the United Kingdom
or to have been declared by any court of com-
petent jurisdiction in or beyond the United
Kingdom to have committed any fraud; or
(b) to have been guilty of professional misconduct
or of any act or default discreditable to a person
carrying out the specified duties; or

(c) to be an undischarged bankrupt or individually
or as a partner to have made an assignment
for the benefit of creditors, or to have made
any arrangement for the payment of a com-
position to creditors; or

(d) to be following or to have entered into any
profession, business, or occupation which, in
the opinion of the Board, cannot properly be
carried on in conjunction with the performance
of the specified duties.

8.-(1) In any case in which the Board (a) refuse Board to to register any person or (b) remove the name of any give notice 30 person from the register they shall within one month of refusal to register or after such refusal or removal give notice thereof in removal writing to that person. from

(2) Any person aggrieved by the refusal of the register and Board to register him under this Act or by the removal provisions as to appeal. 35 of his name from the register may, within three months after the date on which notice is given to him by the Board, of such refusal or removal, appeal against the refusal or removal in manner provided by rules of court to the High Court, and on any such appeal the High Court 40 may give such directions in the matter as it thinks proper, including directions as to the costs of the appeal, and the Order of the High Court shall be final and conclusive and not subject to an appeal to any other court.

A.D. 1923.

Penalties.

Penalty for obtaining registration by false

representation.

Unregistered persons not to be

entitled to

66

(Registration).

66

66

66

9. From and after the expiration of the period of
two years from the commencment of this Act, any person
who, not being a person duly registered under this Act-
(a) uses the designation "land agent," estate
agent," surveyor,' quantity surveyor,
valuer," "house agent or auctioneer
when holding himself out as being able and
willing to undertake for or in consideration of
any payment or other remuneration, whether
monetary or otherwise, any of the specified 10
duties; or

(b) gives any certificate with respect to the perform-
ance by himself or by any other person
of any
of the specified duties or with respect to any
matter analogous to any of those duties;

shall be liable on summary conviction to a fine not
exceeding twenty pounds, and to a further fine not
exceeding one pound for each day on which any offence
continues or is repeated after conviction thereof.

15

10. Any person who wilfully procures or attempts 20 to procure himself to be registered under this Act by making or producing, or causing to be made or produced, any false or fraudulent declaration, certificate or representation, either orally or in writing or otherwise, and any person aiding and assisting him therein shall be 25 deemed guilty of a misdemeanour, and shall on conviction thereof be liable to a fine not exceeding one hundred pounds, or to be imprisoned with or without hard labour for any term not exceeding twelve months.

11. Any person who not being a person duly 30 registered under this Act shall, after the expiration of the period of two years from the commencement of this Act, undertake on behalf of any other person any of recover fees. the specified duties or any duties which may be prescribed by law as having to be undertaken by a person registered 35 under this Act, shall not be entitled to demand or recover or to institute or carry on proceedings in any court for the recovery of any fees or charges for or in respect of the undertaking of such duties.

As to corporate bodies.

12. (1) A body corporate may on behalf of any 40 other person and for or in consideration of any payment or other remuneration, whether monetary or otherwise,