Consumer, Estate Agents & Redress Bill [Lords] - continued          House of Commons

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Monitoring by Office of Fair Trading

Mr Clive Betts


    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’.”.’.


       The following provisions shall apply to the Consumers, Estate Agents & Redress Bill [Lords]:


        1. The Bill shall be committed to a Public Bill Committee.

Proceedings in Public Bill Committee

        2. Proceedings in the Public Bill Committee shall (so far as not previously concluded) be brought to a conclusion on Thursday 26th April 2007.

        3. The Public Bill Committee shall have leave to sit twice on the first day on which it meets.

Consideration and Third Reading

        4. Proceedings on consideration shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which those proceedings are commenced.

        5. Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on that day.

        6. Standing Order No. 83B (Programming committees) shall not apply to proceedings on consideration and Third Reading.

Other proceedings

        7. Any other proceedings on the Bill (including any proceedings on any message from the Lords) may be programmed.

NOTICES WITHDRAWN The following Notices have been withdrawn:

Susan Kramer
Lorely Burt


Clause 4, page 3, line 33, at end add—

      ‘(6) An order under subsection (2) above is to be made by statutory instrument.

      (7) No such order shall be made unless a draft of it has been laid before, and approved by a resolution of, each House of Parliament.

Mr Clive Betts


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

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Prepared: 17 April 2007