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Housing and Planning Act 2016

Status:

This is the original version (as it was originally enacted).

Enforcement of estate agents legislation

132Estate agents: lead enforcement authority

(1)Before section 25 of the Estate Agents Act 1979 insert—

24ALead enforcement authority

(1)In this Act “the lead enforcement authority” means—

(a)the Secretary of State, or

(b)a person whom the Secretary of State has arranged to be the lead enforcement authority in accordance with subsection (2).

(2)The Secretary of State may make arrangements for one of the following to be the lead enforcement authority for the purposes of this Act (for the whole of the United Kingdom) instead of the Secretary of State—

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

(b)the Department of Enterprise, Trade and Investment in Northern Ireland.

(3)The arrangements—

(a)may include provision for payments by the Secretary of State;

(b)may include provision about bringing the arrangements to an end.

(4)The Secretary of State may by regulations made by statutory instrument make transitional provision for when there is a change in the lead enforcement authority.

(5)The regulations may relate to a specific change in the lead enforcement authority or to changes that might arise from time to time.

(2)In section 26(1) of that Act (enforcement authorities), in paragraph (c), for “Department of Commerce for Northern Ireland” substitute “Department of Enterprise, Trade and Investment in Northern Ireland”.

(3)In section 33(1) of that Act (general interpretation), for the definition of “the lead enforcement authority” substitute—

  • “the lead enforcement authority” has the meaning given by section 24A;.

(4)In paragraph 13(9) of Schedule 5 to the Consumer Rights Act 2015 (powers under Part 3 of that Schedule to be exercisable for the purposes of certain functions of the lead enforcement authority) after “Great Britain” insert “, the Department of Enterprise, Trade and Investment in Northern Ireland or the Secretary of State”.

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