Search Legislation

Estate Agents Act 1979

Changes to legislation:

Estate Agents Act 1979 is up to date with all changes known to be in force on or before 28 March 2024. There are changes that may be brought into force at a future date. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the affected provisions when you open the content using the Table of Contents below.

View outstanding changes

Changes and effects yet to be applied to :

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

  1. Introductory Text

  2. Application of Act

    1. 1. Estate agency work.

    2. 2. Interests in land.

  3. Orders by the lead enforcement authority

    1. 3. Orders prohibiting unfit persons from doing estate agency work.

    2. 4. Warning orders.

    3. 5. Supplementary provisions as to orders under sections 3 and 4.

    4. 6. Revocation and variation of orders under sections 3 and 4.

    5. 7. Appeals.

    6. 8. Register of orders etc.

  4. Information, entry and inspection

    1. 9. Information for the lead enforcement authority

    2. 9A.Notice of convictions and judgments

    3. 10. Restriction on disclosure of information.

    4. 11. Powers of entry and inspection.

    5. 11A.Failure to produce information

  5. Clients’ money and accounts

    1. 12. Meaning of “clients’ money” etc.

    2. 13. Clients’ money held on trust or as agent.

    3. 14. Keeping of client accounts.

    4. 15. Interest on clients’ money.

    5. 16. Insurance cover for clients’ money.

    6. 17. Exemptions from section 16.

  6. Regulation of other aspects of estate agency work

    1. 18. Information to clients of prospective liabilities.

    2. 19. Regulation of pre-contract deposits outside Scotland.

  7. Supervision, enforcement, publicity, etc.

    1. 20. Prohibition of pre-contract deposits in Scotland.

    2. 21. Transactions in which an estate agent has a personal interest.

    3. 22. Standards of competence.

    4. 23. Bankrupts not to engage in estate agency work.

  8. Redress schemes

    1. 23A.Redress schemes

    2. 23B.Enforcement

    3. 23C.Meaning of residential property

  9. Supervision, enforcement, publicity etc.

    1. 24. Supervision by Council on Tribunals.

    2. 24A.Lead enforcement authority

    3. 25. General duties of the lead enforcement authority

    4. 26. Enforcement authorities.

    5. 27. Obstruction and personation of authorised officers.

  10. Supplementary

    1. 28. General provisions as to offences.

    2. 29. Service of notices etc.

    3. 30. Orders and regulations.

    4. 31. Meaning of “business associate” and “controller”.

    5. 32. Meaning of “associate”.

    6. 33. General interpretation provisions.

    7. 34. Financial provisions.

    8. 35. Scotland.

    9. 36. Short title, commencement and extent.

  11. SCHEDULES

    1. SCHEDULE 1

      Provisions Supplementary to Section 3(1)

      1. Spent convictions

        1. 1.A person is not to be treated for the purposes...

      2. Discrimination

        1. 2.A person shall be deemed to have committed discrimination for...

        2. 3.After the expiry of the period of five years beginning...

        3. 4.For the purposes of paragraphs 2 and 3 “discrimination” and...

        4. 5.In the application of paragraphs 2 to 4 above to...

        5. 6.In the application of paragraphs 2 to 4 above to...

    2. SCHEDULE 2

      Procedure etc.

      1. Part I Orders and Decisions Under Sections 3, 4 and 6

        1. Introductory

          1. 1.In this Schedule— (a) subject to sub-paragraph (2) below, references...

        2. Notice of proposal

          1. 2.(1) The lead enforcement authority shall give to the person...

        3. Hearing of representations

          1. 3.Where the lead enforcement authority receives notice under paragraph 2(3)(b)...

          2. 4.(1) In the course of the hearing of oral representations...

          3. 5.If the lead enforcement authority adjourns the hearing it shall...

        4. Decision

          1. 6.(1) The lead enforcement authority shall take into account in...

          2. 7.If the lead enforcement authority decides not to proceed with...

          3. 8.If the lead enforcement authority decides to proceed with its...

        5. Notification of decision

          1. 9.(1) Notice of the decision to make the order, and...

          2. 10.(1) Subject to sub-paragraph (2) below, the order to which...

      2. Part II Applications Under Sections 6(1) and 8(3)

        1. 11.Any reference in this Part of this Schedule to an...

        2. 12.An application shall be in writing and be in such...

        3. 13.The lead enforcement authority may by notice require the applicant...

        4. 14.If an application does not comply with paragraph 12 above...

    3. SCHEDULE 3

      Redress Schemes

      1. Approval of redress schemes

        1. 1.A redress scheme may be approved for the purposes of...

        2. 2.(1) A scheme may not be approved unless the lead...

        3. 3.(1) In determining whether a scheme, or any provisions mentioned...

        4. 4.The lead enforcement authority must not approve a scheme unless...

        5. 5.The lead enforcement authority must not approve a scheme if...

      2. Applications for approval to the lead enforcement authority

        1. 6.An application for approval by the lead enforcement authority of...

        2. 7.Where the lead enforcement authority is proposing to refuse an...

        3. 8.If the lead enforcement authority decides to refuse an application...

      3. Notification of changes to an approved scheme

        1. 9.The scheme administrator of a redress scheme which is approved...

      4. Withdrawal of approval by the lead enforcement authority

        1. 10.The lead enforcement authority may withdraw approval of a redress...

        2. 11.Before withdrawing approval of a scheme, the lead enforcement authority...

        3. 12.The lead enforcement authority must give the scheme administrator a...

        4. 13.If the lead enforcement authority decides to withdraw approval of...

      5. Revocation of designation by the Secretary of State

        1. 14.If the Secretary of State decides to revoke his designation...

      6. Defamation proceedings

        1. 15.For the purposes of the law relating to defamation, proceedings...

      7. Interpretation

        1. 16.In this Schedule— “ redress scheme ” has the meaning...

    4. SCHEDULE 4

      Penalty notices under section 23B(1)

      1. 1.A penalty charge notice given to a person under section...

      2. 2.The penalty charge specified in the notice shall be of...

      3. 3.(1) The period specified under paragraph 1(c) must not be...

      4. 4.The enforcement authority may, if they consider that the penalty...

      5. 5.(1) If, within the period specified under paragraph 1(c) (or...

      6. 6.(1) If after a review the penalty charge notice is...

      7. 7.If the penalty charge notice is withdrawn or quashed, the...

      8. 8.(1) The amount of the penalty charge is recoverable from...

      9. 9.In proceedings for the recovery of the penalty charge, a...

      10. 10.Section 29 (service of notices etc. ) applies in relation...

      11. 11.The Secretary of State may by regulations make provision supplementary...

      12. 12.Any power to make regulations under this Schedule shall be...

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources