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Enterprise and Regulatory Reform Bill |
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commons DisAgreeMENTS, REASONS, AMENDMENTS TO WORDS SO |
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RESTORED TO THE BILL AND AMENDMENTS IN LIEU |
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[The page and line references are to HL Bill 45, the bill as first printed for the Lords.] |
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35 | Page 54, line 40, leave out paragraph (a) |
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| COMMONS DISAGREEMENT AND REASON |
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| The Commons disagree to Lords Amendment No. 35 for the following Reason— |
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35A | Because it is appropriate for section 3 of the Equality Act 2006 to be repealed. |
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36 | Page 55, line 8, leave out subsection (6) |
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| COMMONS DISAGREEMENT AND REASON |
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| The Commons disagree to Lords Amendment No. 36 for the following Reason— |
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36A | Because it is more appropriate for the Commission for Equality and Human Rights to |
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| monitor progress by reference to its duties under sections 8 and 9 of the Equality Act 2006. |
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37 | Insert the following new Clause— |
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| “Equality Act 2010: caste discrimination |
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| (1) | The Equality Act 2010 is amended as follows. |
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| (2) | After section 9(1)(c) (race) insert— |
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| COMMONS DISAGREEMENT AND REASON |
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| The Commons disagree to Lords Amendment No. 37 for the following Reason— |
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37A | Because it is inappropriate to provide for caste to be an aspect of race for the purposes of the |
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| Equality Act 2010 without further consultation. |
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38 | Page 58, line 25, leave out subsection (3) |
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| COMMONS DISAGREEMENT AND AMENDMENTS TO WORDS SO |
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| The Commons disagree to Lords Amendment No. 38, and propose Amendments 38A and |
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| B to the words so restored to the Bill— |
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38A | Page 58, line 34, leave out from beginning to end of line 2 on page 59 |
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38B | Page 59, line 5, leave out “ , (2A) or (2B)” and insert “or (2A)” |
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40 | Insert the following new Clause— |
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| (1) | Section 1 of the Estate Agents Act 1979 (estate agency work) is amended as |
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| (2) | In subsection (1) for the words “to which this Act applies” substitute “and |
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| in subsection (1A) below to which this Act applies. |
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| (1A) | This Act also applies, subject to subsections (2) to (4) below, to— |
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| (a) | things done by any person in the course of a business |
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| (including a business in which he is employed) pursuant to |
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| instructions received from another person (in this section |
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| referred to as “the client”) who wishes to let or have the |
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| letting of an interest in land managed (for example, the |
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| collection of rents on his behalf)— |
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| (i) | for the purpose of, or with a view to, effecting the |
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| introduction to the client of a third person who |
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| wishes to let an interest in land; or |
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| (ii) | after such introduction has been effected in the |
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| course of that business, for the purpose of securing |
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| the letting of the interest in land; or |
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| (iii) | for the purpose of, or with a view to, managing the |
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| letting of the interest in land on behalf of the client; |
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| (iv) | for the purpose of, or with a view to, block |
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| management of interests in land; and |
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| (b) | management activities undertaken by any person in the |
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| course of a business (including a business in which he is |
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| employed) in connection with land or interests in land.”” |
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| COMMONS DISAGREEMENT AND AMENDMENTS IN LIEU |
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| The Commons disagree to Lords Amendment No. 40, but propose Amendments 40A to H |
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40A | Page 73, line 2, at end insert— |
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| “ | Redress schemes: lettings agency work |
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| (1) | The Secretary of State may by order require persons who engage in lettings |
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| agency work to be members of a redress scheme for dealing with |
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| complaints in connection with that work which is either— |
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| (a) | a redress scheme approved by the Secretary of State, or |
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| (b) | a government administered redress scheme. |
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| (2) | A “redress scheme” is a scheme which provides for complaints against |
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| members of the scheme to be investigated and determined by an |
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| (3) | A “government administered redress scheme” means a redress scheme |
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| (a) | administered by or on behalf of the Secretary of State, and |
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| (b) | designated for the purposes of the order by the Secretary of State. |
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| (4) | The order may provide for the duty mentioned in subsection (1) to apply— |
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| (a) | only to specified descriptions of persons who engage in lettings |
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| (b) | only in relation to specified descriptions of such work. |
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| (5) | The order may also provide for the duty not to apply in relation to |
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| complaints of any specified description (which may be framed by reference |
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| to a description of person making a complaint). |
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| (6) | Before making the order, the Secretary of State must be satisfied that all |
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| persons who are to be subject to the duty will be eligible to join a redress |
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| scheme before the duty applies to them. |
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| (7) | In this section, “lettings agency work” means things done by any person in |
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| the course of a business in response to instructions received from— |
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| (a) | a person seeking to find another person wishing to rent a dwelling- |
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| house in England under a domestic tenancy and, having found |
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| such a person, to grant such a tenancy (“a prospective landlord”); |
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| (b) | a person seeking to find a dwelling-house in England to rent under |
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| a domestic tenancy and, having found such a dwelling-house, to |
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| obtain such a tenancy of it (“a prospective tenant”). |
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| (8) | However, “lettings agency work” does not include any of the following |
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| things when done by a person who does no other things falling within |
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| (a) | publishing advertisements or disseminating information; |
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| (b) | providing a means by which— |
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| (i) | a prospective landlord or a prospective tenant can, in |
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| response to an advertisement or dissemimation of |
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| information, make direct contact with a prospective tenant |
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| or (as the case may be) prospective landlord; |
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| (ii) | a prospective landlord and a prospective tenant can |
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| continue to communicate directly with each other. |
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| (9) | “Lettings agency work” also does not include — |
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| (a) | things done by a local authority; |
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| (b) | things of a description, or things done by a person of a description, |
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| specified for the purposes of this section in an order made by the |
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| (10) | In subsection (7), “domestic tenancy” means— |
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| (a) | a tenancy which is an assured tenancy for the purposes of the |
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| Housing Act 1988 except where— |
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| (i) | the landlord is a private registered provider of social |
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| housing (as to which see section 80 of the Housing and |
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| Regeneration Act 2008), or |
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| (ii) | the tenancy is a long lease within the meaning given by |
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| section (Redress schemes: property management work)(10); |
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| (b) | a tenancy under which a dwelling-house is let as a separate |
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| dwelling and which is of a description specified for the purposes of |
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| this section in an order made by the Secretary of State. |
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| (11) | An order under subsection (10)(b) may not provide for any of the following |
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| to be a domestic tenancy— |
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| (a) | a tenancy where the landlord is a registered provider of social |
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| housing (as to which see section 80 of the Housing and |
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| (b) | a long lease within the meaning given by section (Redress schemes: |
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| property management work)(10).” |
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40B | Page 73, line 2, at end insert— |
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| “ | Redress schemes: property management work |
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| (1) | The Secretary of State may by order require persons who engage in |
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| property management work to be members of a redress scheme for dealing |
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| with complaints in connection with that work which is either— |
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| (a) | a redress scheme approved by the Secretary of State, or |
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| (b) | a government administered redress scheme. |
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| (2) | “Redress scheme” and “government administered redress scheme” have |
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| the same meanings as in section (Redress schemes: lettings agency work). |
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| (3) | The order may provide for the duty mentioned in subsection (1) to apply— |
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| (a) | only to specified descriptions of persons who engage in property |
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| (b) | only in relation to specified descriptions of such work. |
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| (4) | The order may also provide for the duty not to apply in relation to |
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| complaints of any specified description (which may be framed by reference |
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| to a description of person making a complaint). |
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| (5) | Before making the order, the Secretary of State must be satisfied that all |
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| persons who are to be subject to the duty will be eligible to join a redress |
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| scheme before the duty applies to them. |
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| (6) | In this section, “property management work” means things done by any |
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| person (“A”) in the course of a business in response to instructions received |
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| from another person (“C”) where— |
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| (a) | C wishes A to arrange services, repairs, maintenance, |
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| improvements or insurance or to deal with any other aspect of the |
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| management of premises in England on C’s behalf, and |
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| (b) | the premises consist of or include a dwelling-house let under a |
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| (7) | However, “property management work” does not include— |
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| (a) | things done by a person who is a social landlord for the purposes of |
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| Schedule 2 to the Housing Act 1996; |
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| (b) | things of a description, or things done by a person of a description, |
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| specified for the purposes of this section in an order made by the |
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| (8) | In subsection (6), “relevant tenancy” means— |
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| (a) | a tenancy which is an assured tenancy for the purposes of the |
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| (b) | a tenancy which is a regulated tenancy for the purposes of the Rent |
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| (c) | a long lease other than one to which Part 2 of the Landlord and |
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| (d) | a tenancy of a description specified for the purposes of this section |
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| in an order made by the Secretary of State. |
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| (9) | An order under subsection (8)(d) may not provide for a tenancy to which |
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| Part 2 of the Landlord and Tenant Act 1954 applies to be a relevant tenancy. |
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| (10) | In subsection (8)(c), “long lease” means a lease which is a long lease for the |
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| purposes of Chapter 1 of Part 1 of the Leasehold Reform, Housing and |
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| Urban Development Act 1993 or which, in the case of a shared ownership |
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| lease (within the meaning given by section 7(7) of that Act), would be such |
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| a lease if the tenant’s total share (within the meaning given by that section) |
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40C | Page 73, line 2, at end insert— |
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| “ | Orders under section (Redress schemes: lettings agency work) or (Redress |
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| schemes: property management work): enforcement |
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| (1) | An order under section (Redress schemes: lettings agency work)(1) or (Redress |
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| schemes: property management work)(1) may make provision — |
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| (a) | for sanctions to be imposed in respect of a breach of a requirement |
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| (b) | for the investigation of suspected breaches of such a requirement. |
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| (2) | The sanctions for which provision may be made in the order are— |
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| (a) | the imposition of civil penalties; |
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| (b) | the making of orders prohibiting a person from engaging in lettings |
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| agency work or (as the case may be) property management work or |
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| from engaging in a particular description of such work; |
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| (c) | the creation of criminal offences in respect of breaches of orders |
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| mentioned in paragraph (b). |
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| (3) | Provision made for the imposition of a sanction by virtue of subsection |
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| (a) | provision for appeals to a court or tribunal against the imposition of |
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| (b) | such other provision as the Secretary of State considers appropriate |
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| for safeguarding the interests of persons on whom the sanction may |
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| (4) | Provision made by virtue of this section may confer functions on a person |
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| that exercises functions of a public nature. |
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| (5) | The Secretary of State may make payments out of money provided by |
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| Parliament to a person on whom functions are conferred by virtue of this |
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40D | Page 73, line 2, at end insert— |
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| “ | Sections (Redress schemes: lettings agency work) to (Orders under section |
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| (Redress schemes: lettings agency work) or (Redress schemes: property |
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| management work): enforcement): minor definitions |
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| (1) | This section applies for the purposes of sections (Redress schemes: lettings |
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| agency work) to (Orders under section (Redress schemes: lettings agency work) or |
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| (Redress schemes: property management work): enforcement). |
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| (2) | References to persons who engage in lettings agency work or property |
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| management work do not include references to persons who engage in that |
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| work in the course of their employment under a contract of employment. |
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| (3) | A “dwelling house” may be a house or part of a house. |
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| (4) | “Local authority” means— |
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| (a) | a county or district council; |
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| (b) | a London borough council; |
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| (c) | the Common Council of the City of London in its capacity as a local |
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| (d) | the Council of the Isles of Scilly.” |
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40E | Page 73, line 2, at end insert— |
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| “ | Approval of redress schemes for the purposes of section (Redress schemes: |
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| lettings agency work) or (Redress schemes: property management work) |
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| (1) | The Secretary of State may by order make provision about the approval of |
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| redress schemes for the purposes of section (Redress schemes: lettings agency |
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| work) or (Redress schemes: property management work), including provision as |
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| (a) | the making of applications for approval; |
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| (b) | conditions which must be satisfied before approval may be given; |
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| (c) | conditions which must be complied with by administrators of |
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| approved redress schemes; |
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| (d) | the withdrawal of approval. |
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| (2) | The order may make provision about the conditions which must be |
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| satisfied before a scheme administered by or on behalf of the Secretary of |
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| State may be designated for the purposes of section (Redress schemes: lettings |
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| agency work) or (Redress schemes: property management work).” |
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40F | Page 73, line 2, at end insert— |
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| ‘ | Orders under sections (Redress schemes: lettings agency work) to (Approval of |
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| redress schemes for the purposes of section (Redress schemes: lettings |
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| agency work) or (Redress schemes: property management work)): |
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| (1) | The power to make an order under section (Redress schemes: lettings agency |
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| work), (Redress schemes: property management work) or (Approval of redress |
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| schemes for the purposes of section (Redress schemes: lettings agency work) or |
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| (Redress schemes: property management work)) includes power to make |
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| incidental, supplementary, consequential, transitional or saving provision, |
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| including doing so by amending any provision made by or under an Act. |
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| (2) | An order under any of those sections must be made by statutory |
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| (3) | A statutory instrument containing (whether alone or with other |
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| (a) | an order under section (Redress schemes: lettings agency work) or |
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| (Redress schemes: property management work) which includes— |
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| (i) | provision by virtue of section (Orders under section (Redress |
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| schemes: lettings agency work) or (Redress schemes: property |
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| management work): enforcement), or |
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| (ii) | provision by virtue of subsection (1) of this section that |
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| (b) | an order under section (Approval of redress schemes for the purposes of |
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| section (Redress schemes: lettings agency work) or (Redress schemes: |
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| property management work)), |
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| | may not be made unless a draft of the instrument has been laid before, and |
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| approved by a resolution of, each House of Parliament. |
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| (4) | A statutory instrument containing an order under section (Redress schemes: |
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| lettings agency work) or (Redress schemes: property management work), other |
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| than one to which subsection (3) applies, is subject to annulment in |
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| pursuance of a resolution of either House of Parliament. |
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| (5) | Nothing in sections (Redress schemes: lettings agency work) to (Approval of |
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| redress schemes for the purposes of section (Redress schemes: lettings agency work) |
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| or (Redress schemes: property management work)) prevents a redress scheme |
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| (a) | for membership to be open to persons who are not subject to the |
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| duty to be a member of the scheme; |
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| (b) | for the investigation and determination of any complaints in |
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| relation to which the duty does not apply, where the members |
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| concerned have voluntarily accepted the jurisdiction of the scheme |
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| (c) | for the exclusion from investigation and determination under the |
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| scheme of any complaint in such cases or circumstances as may be |
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| specified in or determined under the scheme.’. |
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40G | Page 76, line 2, at end insert— |
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