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Estate Agents Act 1979

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This is the original version (as it was originally enacted).

33General interpretation provisions

(1)In this Act, unless the context otherwise requires,—

  • " associate " has the meaning assigned to it by section 32 above and " business associate" has the meaning assigned to it by section 31 above; " client account" has the meaning assigned to it by section 14(2) above;

  • " clients' money " has the meaning assigned to it by section 12(1) above;

  • " connected contract", in relation to the acquisition of an interest in land, has the meaning assigned to it by section 12(4) above;

  • " contract deposit " has the meaning assigned to it by section 12(2) above;

  • " controller ", in relation to a body corporate, has the meaning assigned to it by section 31(5) above ;

  • " Director " means the Director General of Fair Trading ;

  • " enforcement authority " has the meaning assigned to it by section 26(1) above ;

  • " estate agency work " has the meaning assigned to it by section 1(1) above;

  • " general notice " means a notice published by the Director at a time and in a manner appearing to him suitable for securing that the notice is seen within a reasonable time by persons likely to be affected by it;

  • " pre-contract deposit" has the meaning assigned to it by section 12(3) above;

  • " prescribed fee " means such fee as may be prescribed by regulations made by the Secretary of State;

  • " the statutory maximum ", in relation to a fine on summary conviction, means—

    (a)

    in England and Wales and Northern Ireland, the prescribed sum within the meaning of section 28 of the Criminal Law Act 1977 (at the passing of this Act £1,000); and

    (b)

    in Scotland, the prescribed sum within the meaning of section 289B of the Criminal Procedure (Scotland) Act 1975 (at the passing of this Act £1,000); and for the purposes of the application of this definition in Northern Ireland the provisions of the Criminal Law Act 1977 which relate to the sum mentioned in paragraph (a) above shall extend to Northern Ireland; and " unincorporated association " does not include a partnership.

(2)The power to make regulations under subsection (1) above prescribing fees shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

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