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Estate Agents Act 1979

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This is the original version (as it was originally enacted).

26Enforcement authorities

(1)Without prejudice to section 25(1) above, the following authorities (in this Act referred to as " enforcement authorities ") have a duty to enforce this Act—

(a)the Director,

(b)in Great Britain, a local weights and measures authority,

and

(c)in Northern Ireland, the Department of Commerce for Northern Ireland.

(2)Where a local weights and measures authority in England and Wales propose to institute proceedings for an offence under this Act it shall, as between the authority and the Director, be the duty of the authority to give the Director notice of the intended proceedings, together with a summary of the facts on which the charges are to be founded, and postpone the institution of the proceedings until either—

(a)twenty-eight days have expired since that notice was given, or

(b)the Director has notified them of receipt of the notice and summary.

(3)Nothing in this section or in section 25 above authorises an enforcement authority to institute proceedings in Scotland for an offence.

(4)Every local weights and measures authority shall, whenever the Director requires, report to him in such form and with such particulars as he requires on the exercise of their functions under this Act.

(5)Where a complaint is made to the Secretary of State that all or any of the functions of a local weights and measures authority under this Act are not being properly discharged in any area, or he is of the opinion that an investigation should be made relating to the proper discharge of those functions in any area, he may cause a local inquiry to be held.

(6)Subsections (2), (3) and (5) of section 250 of the Local Government Act 1972 (evidence and costs at local inquiries), and, in a case where the Secretary of State so directs, subsection (4) of that section (costs of department), shall apply to an inquiry held under subsection (5) above as if it were an inquiry held in pursuance of that section.

(7)The person holding an inquiry under subsection (5) above shall make a written report of the results to the Secretary of State, who shall publish it together with such observations on it (if any) as he thinks fit.

(8)In the application of this section to Scotland, for the references in subsection (6) above to subsections (2), (3) and (5) of section 250 of the Local Government Act 1972 and subsection (4) of that section, there shall be substituted respectively references to subsections (4), (5) and (8) of section 210 of the Local Government (Scotland) Act 1973 and subsection (7) of that section.

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