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Enterprise Act 2002

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Estate Agents Act 1979 (c. 38)U.K.

This section has no associated Explanatory Notes

9(1)The Estate Agents Act 1979 is amended as follows.

(2)In section 3 (orders prohibiting unfit persons from doing estate agency work)—

(a)in subsection (1), for “the Director General of Fair Trading (in this Act referred to as “the Director”)” there is substituted “ the Office of Fair Trading (in this Act referred to as “the OFT”) ”;

(b)for “Director” (in each place) there is substituted “ OFT ”;

(c)in subsection (2), for “he” there is substituted “ it ”;

(d)in subsections (4) and (5), for “he” (in each place) and “him” there is substituted “ it ”;

and in the cross-heading before that section, for “Director General of Fair Trading” there is substituted Office of Fair Trading.

(3)In section 4 (warning orders)—

(a)for “Director” (in each place) there is substituted “ OFT ”;

(b)in subsection (1), for “he” there is substituted “ it ”.

(4)In section 5 (supplementary provisions as to orders under sections 3 and 4), for “Director” (in each place) there is substituted “ OFT ”.

(5)In section 6 (revocation and variation of orders under sections 3 and 4)—

(a)for “Director” (in each place) there is substituted “ OFT ”;

(b)in subsection (1), for “him” there is substituted “ it ”;

(c)in subsections (3) to (5), for “he” (in each place) there is substituted “ it ”;

(d)in subsection (3), for “his” there is substituted “ its ”.

(6)In section 7 (appeals), in subsection (1), for “Director” (in both places) there is substituted “ OFT ”.

(7)In section 8 (register of orders etc.)—

(a)for “Director” (in each place) there is substituted “ OFT ”;

(b)in subsection (1), for “him” and “his” there is substituted “ it ” and “ its ” respectively;

(c)in subsection (3), for “his” there is substituted “ its ”;

(d)in subsection (4), for “he” there is substituted “ it ”;

(e)in subsection (5), for “him” there is substituted “ it ”.

(8)In section 9 (information for the Director)—

(a)for “Director” (in each place) there is substituted “ OFT ”;

(b)in subsection (1), for “him” (in each place) and “his” there is substituted “ it ” and “ its ” respectively.

(9)In—

(a)section 11 (powers of entry and inspection),

(b)section 13 (clients’ money held on trust or as agent), and

(c)section 15 (interest on clients’ money),

for “Director” there is substituted “ OFT ”.

(10)In section 17 (exemptions from section 16)—

(a)for “Director” (in each place) there is substituted “ OFT ”;

(b)in subsection (1), for “he” and “him” there is substituted “ it ”;

(c)in subsection (5), for “he” and “his” (in both places) there is substituted “ it ” and “ its ” respectively.

(11)In—

(a)section 19 (regulation of pre-contract deposits outside Scotland),

(b)section 20 (regulation of pre-contract deposits in Scotland), and

(c)section 21 (transactions in which an estate agent has a personal interest),

for “Director” there is substituted “ OFT ”.

(12)In section 25 (general duties of Director)—

(a)for “Director” (in each place) there is substituted “ OFT ”;

(b)in subsection (1), for “himself” there is substituted “ itself ”;

(c)in subsections (2) and (3), for “him” there is substituted “ it ”;

(d)in subsection (3), for “he” there is substituted “ it ”.

(13)In section 26 (enforcement authorities)—

(a)for “Director” (in each place) there is substituted “ OFT ”;

(b)subsection (2) (requirement to notify Director of intended prosecution) is omitted;

(c)in subsection (4), for “him” and “he” there is substituted “ it ”.

(14)In—

(a)section 29 (service of notices etc.), and

(b)section 30 (orders and regulations),

for “Director” (in each place) there is substituted “ OFT ”.

(15)In section 33 (general interpretation provisions)—

(a)the definition of “Director” shall cease to have effect;

(b)in the definition of “general notice”, for “Director” and “him” there is substituted “ OFT ” and “ it ” respectively;

(c)after the definition of “general notice” there is inserted—

OFT” means the Office of Fair Trading;.

(16)In Schedule 2 (procedure etc.)—

(a)for “Director” and “Director’s” (in each place) there is substituted “ OFT ” and “ OFT’s ”;

(b)in paragraph 1, for “his” and “he” there is substituted “ its ” and “ it ” respectively;

(c)in paragraphs 3 and 5, for “he” there is substituted “ it ”;

(d)in paragraph 6, for “his” (in both places) and “he” (in both places) there is substituted “ its ” and “ it ” respectively;

(e)in paragraph 7, for “his” and “he” there is substituted “ its ” and “ it ” respectively;

(f)in paragraph 8, for “his”, “he” (in both places) and “him” there is substituted “ its ”, “ it ” and “ it ” respectively;

(g)in paragraph 9(1), for “his” (in both places) there is substituted “ its ”;

(h)in paragraph 10(2), for “he” there is substituted “ it ”.

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