SCHEDULES

SCHEDULE 25Minor and consequential amendments

9Estate Agents Act 1979 (c. 38)

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 ”;

F1b

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9

In—

F2a

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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 ”.