House of Commons

Session 2006-07 Publications on the internet Bill Home Page

Notices of Amendments

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given on

Monday 26th March 2007

For other Amendment(s) see the following page(s) of Supplement to Votes:
1-5, 7-9, 11 and 13-15

Public Bill Committee

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Consumers, Estate Agents & Redress Bill [Lords]

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Monitoring by Office of Fair Trading

Mr Clive Betts

NC4

To move the following Clause:—

‘(1) The Estate Agents Act 1979 (c. 38) is amended as follows.

(2) After section 22 insert—

“22A Monitoring of compliance by Office of Fair Trading

(1) An estate agent shall be obliged to register with the OFT and shall provide such information as the OFT may require.

(2) The Secretary of State shall prescribe a scale of fees to be charged to estate agents for registration.

(3) The OFT shall establish, or shall cause to be established, a unit to monitor compliance with the provisions of this Act and this unit shall have powers to make reasonable requirements of estate agents to ensure compliance with the provisions of this Act.

(4) In pursuance of subsections (1) and (3), the OFT—

(a) shall require estate agents to certify that they comply with the provisions of this Act and any code of practice to which they have subscribed;

(b) may require an estate agent to produce any records or information and to co-operate in any investigation; and

(c) may conduct or commission investigations and surveys to monitor compliance with the Act.

(5) Failure to comply with any requirement made by the OFT under this section shall be an offence punishable on summary conviction by a fine not exceeding level 5 on the standard scale.

(6) This section comes into force 18 months after the date on which the Consumers, Estate Agents and Redress Act 2007 receives Royal Assent.

(7) In subsection (2) above “prescribe” means prescribed by the Secretary of State by order made by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.”.

(8) In section 30(2) (orders and regulations), after ‘22’ insert ‘and 22A’.”.’.

Mr Clive Betts

57

Schedule 6, page 62, line 29, at end insert ‘(a)’.

Mr Clive Betts

58

Schedule 6, page 62, line 31, after ‘work”)’, insert—

‘(b) developing, directly marketing and selling residential property to members of the public’.

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Prepared: 27 March 2007