The Client Money Protection Schemes for Property Agents (Requirement to Belong to a Scheme etc.) Regulations 2019

Enforcement E+W

5.—(1) It is the duty of every local authority in England M1 to enforce the requirements of regulations 3 and 4 in its area F1 ... .

[F2 (1A) Paragraph (1) is subject to—

(a) regulation 8(3), and

(b) section 26 of the Tenant Fees Act 2019.]

(2) A breach of regulation 3 or 4 by a property agent is taken to have occurred in each local authority area in England in which—

(a) the agent has premises; or

(b) housing is situated in relation to which the property agent's English letting agency work M2 or English property management work(M3 ) is undertaken.

(3) A local authority in England must have regard to any guidance given by the Secretary of State [F3 or the lead enforcement authority (if not the Secretary of State)] about the exercise of its functions under these Regulations.

Textual Amendments

F1 Words in reg. 5(1) omitted (15.4.2019) by virtue of Tenant Fees Act 2019 (c. 4), ss. 29(6)(a), 34(1) (with s. 29(7)); S.I. 2019/857, reg. 2(d)

F2 Reg. 5(1A) inserted (15.4.2019) by Tenant Fees Act 2019 (c. 4), ss. 29(6)(b), 34(1) (with s. 29(7)); S.I. 2019/857, reg. 2(d)

F3 Words in reg. 5(3) inserted (15.4.2019) by Tenant Fees Act 2019 (c. 4), ss. 29(6)(c), 34(1) (with s. 29(7)); S.I. 2019/857, reg. 2(d)

Commencement Information

I1 Reg. 5 in force at 1.4.2019, see reg. 1(2)

Marginal Citations

M1 See section 135(5) of the Housing and Planning Act 2016 for the definition of local authority in England.

M2 See section 54(5) of the Housing and Planning Act 2016 for the definition of English letting agency work.

M3 See section 55(3) of the Housing and Planning Act 2016 for the definition of English property management work.