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Public Bill Committee Proceedings: 24th April 2007        

18

 

Consumers, Estate Agents and Redress Bill[ [], continued

 
 

Monitoring by Office of Fair Trading

 

Mr Clive Betts

 

Susan Kramer

 

Lorely Burt

 

Not called  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’.”.’.

 



 
 

Public Bill Committee Proceedings: 24th April 2007        

19

 

Consumers, Estate Agents and Redress Bill[ [], continued

 
 

Mr Ian McCartney

 

Agreed to  

 

That certain written evidence already reported to the House be appended to the proceedings of

 

the Committee.

 

 

Bill, as amended, to be reported.

 


 
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