Estate Agents Act 1979 (c. 38)

Supervision, enforcement, publicity etc. U.K.

24 Supervision by Council on Tribunals. U.K.

F1 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 S. 24(1) repealed (1.10.1992) by Tribunals and Enquiries Act 1992 (c. 53), ss. 18(2), 19(2), Sch. 4 Pt.I.

F2 S. 24(2) repealed (1.11.2007) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 8 para. 8, Sch. 23 Pt. 1; S.I. 2007/2709, art. 3(b)(d)(i)

25 General duties of [F3 the lead enforcement authority] U.K.

(1) Subject to section 26(3) below, it is the duty of the [F4 lead enforcement authority]—

(a) generally to superintend the working and enforcement of this Act, and

(b) where necessary or expedient, [F5 itself] to take steps to enforce this Act.

(2) It is the duty of the [F6 lead enforcement authority], so far as appears to [F7 it] to be practicable and having regard both to the national interest and the interests of persons engaged in estate agency work and of consumers, to keep under review and from time to time advise the Secretary of State about—

(a) social and commercial developments in the United Kingdom and elsewhere relating to the carrying on of estate agency work and related activities; and

(b) the working and enforcement of this Act.

(3) The [F8 lead enforcement authority] shall arrange for the dissemination, in such form and manner as [F9 it] considers appropriate, of such information and advice as it may appear to [F7 it] expedient to give the public in the United Kingdom about the operation of this Act.

Textual Amendments

F3 Words in s.25 heading substituted (31.3.2014) by The Public Bodies (Abolition of the National Consumer Council and Transfer of the Office of Fair Trading’s Functions in relation to Estate Agents etc) Order 2014 (S.I. 2014/631), art. 1(5), Sch. 2 para. 1(9)(a) (with Sch. 1 para. 28, 2 paras. 13-15)

F4 Words in s. 25(1) substituted (31.3.2014) by The Public Bodies (Abolition of the National Consumer Council and Transfer of the Office of Fair Trading’s Functions in relation to Estate Agents etc) Order 2014 (S.I. 2014/631), art. 1(5), Sch. 2 para. 1(9)(b) (with Sch. 1 para. 28, 2 paras. 13-15)

F5 Word in s. 25(1) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 9(12)(b); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

F6 Words in s. 25(2) substituted (31.3.2014) by The Public Bodies (Abolition of the National Consumer Council and Transfer of the Office of Fair Trading’s Functions in relation to Estate Agents etc) Order 2014 (S.I. 2014/631), art. 1(5), Sch. 2 para. 1(9)(b) (with Sch. 1 para. 28, 2 paras. 13-15)

F7 Word in s. 25(2)(3) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 9(12)(c); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

F8 Words in s. 25(3) substituted (31.3.2014) by The Public Bodies (Abolition of the National Consumer Council and Transfer of the Office of Fair Trading’s Functions in relation to Estate Agents etc) Order 2014 (S.I. 2014/631), art. 1(5), Sch. 2 para. 1(9)(b) (with Sch. 1 para. 28, 2 paras. 13-15)

F9 Word in s. 25(3) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 9(12)(d); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

26 Enforcement authorities. U.K.

(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 [F10 lead enforcement authority],

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

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

F11 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 [F12 lead enforcement authority] requires, report to [F13 it] in such form and with such particulars as [F13 it] requires on the exercise of their functions under this Act.

(5)–(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14

Textual Amendments

F10 Words in s. 26(1)(a) substituted (31.3.2014) by The Public Bodies (Abolition of the National Consumer Council and Transfer of the Office of Fair Trading’s Functions in relation to Estate Agents etc) Order 2014 (S.I. 2014/631), art. 1(5), Sch. 2 para. 1(10)(a) (with Sch. 1 para. 28, 2 paras. 13-15)

F11 S. 26(2) repealed (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 9(13)(b), Sch. 26; S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

F12 Words in s. 26(4) substituted (31.3.2014) by The Public Bodies (Abolition of the National Consumer Council and Transfer of the Office of Fair Trading’s Functions in relation to Estate Agents etc) Order 2014 (S.I. 2014/631), art. 1(5), Sch. 2 para. 1(10)(a) (with Sch. 1 para. 28, 2 paras. 13-15)

F13 Word in s. 26(4) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 9(13)(c); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

F14 S. 26(5)–(8) repealed by Local Government, Planning and Land Act 1980 (c. 65, SIF 81:1, 2), s. 1(4), Sch. 34 Pt. IV

27 Obstruction and personation of authorised officers. U.K.

(1) Any person who—

(a) wilfully obstructs an authorised officer, or

F15 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) without reasonable cause fails to give an authorised officer [F16 any ] assistance or information he may reasonably require in performing his functions under this Act, or

(d) in giving information to an authorised officer, makes any statement which he knows to be false,

shall be liable on summary conviction to a fine not exceeding [F17 level 4 on the standard scale].

[F18 (1A) A failure to give assistance or information shall not constitute an offence under subsection (1)(c) if it is also a failure in relation to which an authorised officer may apply for an order under section 11A above.]

(2) A person who is not an authorised officer but purports to act as such shall be liable on summary conviction to a fine not exceeding [F17 level 5 on the standard scale].

(3) In this section “authorised officer” means a duly authorised officer of an enforcement authority who is acting in pursuance of this Act.

(4) Nothing in subsection (1) above requires a person to answer any question or give any information if to do so might incriminate that person or that person’s [F19 spouse or civil partner] .

Textual Amendments

F15 S. 27(1)(b) repealed (1.10.2008) by Consumers, Estate Agents and Redress Act 2007 (c. 17), ss. 58(4)(a)(i), 66(2), Sch. 8 (with s. 48(3)); S.I. 2008/905, art. 3(2), Sch. 2

F16 Word in s. 27(1)(c) substituted (1.10.2008) by Consumers, Estate Agents and Redress Act 2007 (c. 17), ss. 58(4)(a)(ii), 66(2) (with s. 48(3)); S.I. 2008/905, art. 3(2), Sch. 2

F17 Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G and (N.I.) by S.I. 1984/703 (N.I. 3), arts. 5, 6

F18 S. 27(1A) inserted (1.10.2008) by Consumers, Estate Agents and Redress Act 2007 (c. 17), ss. 58(4)(b), 66(2) (with s. 48(3)); S.I. 2008/905, art. 3(2), Sch. 2

F19 Words in s. 27(4) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(10)(b), Sch. 27 para. 62; S.I. 2005/3175, art. 2(2)