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Estate Agents Act 1979
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Estate Agents Act 1979, Section 4 is up to date with all changes known to be in force on or before 28 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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- s. 21A inserted by 2007 c. 17 s. 54(1)
4 Warning orders.U.K.
[F1(1)If the [F2lead enforcement authority] is satisfied that any of subsections (1A), (1B) or (1C) apply in relation to a person it may by order notify that person that it is satisfied of the matters mentioned in that subsection.
(1A)This subsection applies in relation to a person if—
(a)in the course of estate agency work, he has engaged in conduct falling within paragraph (a), (b), (c), (ca) or (cb) of section 3(1); and
(b)were he to engage again in any conduct falling within that paragraph, the [F3lead enforcement authority] would consider him unfit and proceed to make a prohibition order.
(1B)This subsection applies in relation to a person if—
(a)in the course of estate agency work, he has engaged in conduct constituting a failure to comply with—
(i)an undertaking mentioned in section 3(1)(ba); or
(ii)an enforcement order mentioned in section 3(1)(bb); and
(b)were he to fail again to comply with that undertaking or order by engaging in the same or similar conduct, the [F4lead enforcement authority] would consider him unfit and proceed to make a prohibition order.
(1C)This subsection applies in relation to a person if—
(a)in the course of estate agency work, he has engaged in a practice mentioned in section 3(1)(d); and
(b)were he to engage again in that practice, the [F5lead enforcement authority] would consider him unfit and proceed to make a prohibition order.]
(2)An order under this section shall state whether, in the opinion of the [F6lead enforcement authority], [F7further conduct as mentioned in subsection (1A)(b) or (1B)(b) or engaging again in the practice specified in the order, as the case may be,] is addressed unfit to carry on estate agency work generally or estate agency work of a description specified in the order.
(3)If, after an order has been made under this section, the person to whom it is addressed [F8engages in further conduct as mentioned in subsection (1A)(b) or (1B)(b) or engages again in the practice specified in the order, as the case may be,] in accordance with subsection (2) above; and the [F9lead enforcement authority] may proceed to make an order under section 3 above accordingly.
[F10(4)In this section “unfit” means unfit as mentioned in subsection (2) of section 3 and “prohibition order” means an order under that section.]
Textual Amendments
F1S. 4(1)-(1C) substituted for s. 4(1) (1.10.2008) by Consumers, Estate Agents and Redress Act 2007 (c. 17), ss. 56(2), 66(2) (with s. 48(3)); S.I. 2008/905, art. 3(2), Sch. 2
F2Words in s. 4(1) substituted (31.3.2014) by The Public Bodies (Abolition of the National Consumer Council and Transfer of the Office of Fair Trading’s Functions in relation to Estate Agents etc) Order 2014 (S.I. 2014/631), art. 1(5), Sch. 2 para. 1(4)(a) (with Sch. 1 para. 28, 2 paras. 13-15)
F3Words in s. 4(1A)(b) substituted (31.3.2014) by The Public Bodies (Abolition of the National Consumer Council and Transfer of the Office of Fair Trading’s Functions in relation to Estate Agents etc) Order 2014 (S.I. 2014/631), art. 1(5), Sch. 2 para. 1(4)(a) (with Sch. 1 para. 28, 2 paras. 13-15)
F4Words in s. 4(1B)(b) substituted (31.3.2014) by The Public Bodies (Abolition of the National Consumer Council and Transfer of the Office of Fair Trading’s Functions in relation to Estate Agents etc) Order 2014 (S.I. 2014/631), art. 1(5), Sch. 2 para. 1(4)(a) (with Sch. 1 para. 28, 2 paras. 13-15)
F5Words in s. 4(1C)(b) substituted (31.3.2014) by The Public Bodies (Abolition of the National Consumer Council and Transfer of the Office of Fair Trading’s Functions in relation to Estate Agents etc) Order 2014 (S.I. 2014/631), art. 1(5), Sch. 2 para. 1(4)(a) (with Sch. 1 para. 28, 2 paras. 13-15)
F6Words in s. 4(2) substituted (31.3.2014) by The Public Bodies (Abolition of the National Consumer Council and Transfer of the Office of Fair Trading’s Functions in relation to Estate Agents etc) Order 2014 (S.I. 2014/631), art. 1(5), Sch. 2 para. 1(4)(a) (with Sch. 1 para. 28, 2 paras. 13-15)
F7Words in s. 4(2) substituted (1.10.2008) by Consumers, Estate Agents and Redress Act 2007 (c. 17), ss. 56(3), 66(2) (with s. 48(3)); S.I. 2008/905, art. 3(2), Sch. 2
F8Words in s. 4(3) substituted (1.10.2008) by Consumers, Estate Agents and Redress Act 2007 (c. 17), ss. 56(4), 66(2) (with s. 48(3)); S.I. 2008/905, art. 3(2), Sch. 2
F9Words in s. 4(3) substituted (31.3.2014) by The Public Bodies (Abolition of the National Consumer Council and Transfer of the Office of Fair Trading’s Functions in relation to Estate Agents etc) Order 2014 (S.I. 2014/631), art. 1(5), Sch. 2 para. 1(4)(a) (with Sch. 1 para. 28, 2 paras. 13-15)
F10S. 4(4) inserted (1.10.2008) by Consumers, Estate Agents and Redress Act 2007 (c. 17), ss. 56(5), 66(2) (with s. 48(3)); S.I. 2008/905, art. 3(2), Sch. 2
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