Part 3Amendment of the Estate Agents Act 1979

Prohibition and warning orders

I156Grounds for warning orders

1

Section 4 of the Estate Agents Act 1979 (warning orders) is amended as follows.

2

For subsection (1) substitute—

1

If the OFT is satisfied that any of subsections (1A), (1B) or (1C) apply in relation to a person it may by order notify that person that it is satisfied of the matters mentioned in that subsection.

1A

This subsection applies in relation to a person if—

a

in the course of estate agency work, he has engaged in conduct falling within paragraph (a), (b), (c), (ca) or (cb) of section 3(1); and

b

were he to engage again in any conduct falling within that paragraph, the OFT would consider him unfit and proceed to make a prohibition order.

1B

This subsection applies in relation to a person if—

a

in the course of estate agency work, he has engaged in conduct constituting a failure to comply with—

i

an undertaking mentioned in section 3(1)(ba); or

ii

an enforcement order mentioned in section 3(1)(bb); and

b

were he to fail again to comply with that undertaking or order by engaging in the same or similar conduct, the OFT would consider him unfit and proceed to make a prohibition order.

1C

This subsection applies in relation to a person if—

a

in the course of estate agency work, he has engaged in a practice mentioned in section 3(1)(d); and

b

were he to engage again in that practice, the OFT would consider him unfit and proceed to make a prohibition order.

3

In subsection (2) for the words from “a further” to “order” (in the second place it appears) substitute “ further conduct as mentioned in subsection (1A)(b) or (1B)(b) or engaging again in the practice specified in the order, as the case may be, ”.

4

In subsection (3) for the words from “fails to comply” to “order” (in the second place it appears) substitute “ engages in further conduct as mentioned in subsection (1A)(b) or (1B)(b) or engages again in the practice specified in the order, as the case may be, ”.

5

After subsection (3) insert—

4

In this section “unfit” means unfit as mentioned in subsection (2) of section 3 and “prohibition order” means an order under that section.