- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (01/07/2009)
- Gwreiddiol (Fel y'i Deddfwyd)
Version Superseded: 01/10/2010
Point in time view as at 01/07/2009.
Estate Agents Act 1979, SCHEDULE 1 is up to date with all changes known to be in force on or before 05 September 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.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
Section 3(1).
[F11U.K.A person is not to be treated for the purposes of section 3(1)(a) of this Act as having committed an offence if he has been convicted of that offence and that conviction is to be treated as spent for the purposes of the Rehabilitation of Offenders Act 1974 or any corresponding enactment for the time being in force in Northern Ireland.]
Textual Amendments
F1Sch. 1 para. 1 substituted (1.10.2008) by Consumers, Estate Agents and Redress Act 2007 (c. 17), ss. 55(5), 66(2) (with s. 48(3)); S.I. 2008/905, art. 3(2), Sch. 2
2U.K.A person shall be deemed to have committed discrimination for the purposes of section 3(1)(b) of this Act in the following cases only, namely—
(a)where a finding of discrimination has been made against him in proceedings under section 66 of the M1Sex Discrimination Act 1975 (in this Schedule referred to as “the 1975 Act”) and the finding has become final;
[F2(b)where a non-discrimination notice has been served on him under the 1975 Act and the notice has become final;
(c)if he is for the time being subject to the restraints of an injunction or order granted against him in proceedings under section 71 (persistent discrimination) or section 72(4) (enforcement of sections 38 to 40) of the 1975 Act;
(d)if, on an application under section 72(2)(a) of the 1975 Act, there has been a finding against him that a contravention of section 38, section 39 or section 40 of that Act has occurred and that finding has become final;]
[F2(b)where he has been given an unlawful act notice under section 21 of the Equality Act 2006 and no appeal under that section is pending or can be brought;
(c)where he is the subject of an injunction, interdict or order under section 24 (unlawful acts) or 25 (unlawful advertising, pressure, &c.) of the Equality Act 2006;
(d)where—
(i)a county court has determined in accordance with section 25 of the Equality Act 2006 that he committed an act which is unlawful under section 38, 39 or 40 of the Sex Discrimination Act 1975 or section 29, 30 or 31 of the Race Relations Act 1976 (unlawful advertising, pressure, &c.), and
(ii)no appeal under section 25 of the Equality Act 2006 is pending or can be brought (disregarding an appeal out of time);]
(e)where a finding of discrimination has been made against him in proceedings under section 57 of the M2Race Relations Act 1976 (in this Schedule referred to as “the 1976 Act”) and the finding has become final;
[F3(f)where a non-discrimination notice has been served on him under the 1976 Act and the notice has become final;
(g)if he is for the time being subject to the restraints of an injunction or order granted against him in proceedings under section 62 (persistent discrimination) or section 63(4) (enforcement of sections 29 to 31) of the 1976 Act; or
(h)if, on an application under section 63(2)(a) of the 1976 Act, there has been a finding against him that a contravention of section 29, section 30 or section 31 of that Act has occurred and that finding has become final;]
and the finding, notice, injunction [F4, interdict ] or order related or relates to discrimination falling within Part III of the 1975 Act or the 1976 Act (discrimination in fields other than employment).
Textual Amendments
F2Sch. 1 para. 2(b)-(d) substituted (E.W.S.) (1.10.2007) by Equality Act 2006 (c. 3), s. 93(1), Sch. 3 para. 38(2) (with s. 92); S.I. 2007/2603, art. 2(d)
F3Sch. 1 para. 2(f)(h) repealed (E.W.S.) (1.10.2007) by Equality Act 2006 (c. 3), s. 93(1), Sch. 3 para. 38(3), Sch. 4 (with s. 92); S.I. 2007/2603, art. 2(d)
F4Word in Sch. 1 para. 2 inserted (E.W.S.) (1.10.2007) by Equality Act 2006 (c. 3), s. 93(1), Sch. 3 para. 38(4) (with s. 92); S.I. 2007/2603, art. 2(d)
Marginal Citations
3U.K.After the expiry of the period of five years beginning on the day on which any such finding or notice as is referred to in paragraph 2 above became final, no person shall be treated for the purposes of section 3(1)(b) of this Act as having committed discrimination by reason only of that finding or notice.
4(1)So far as paragraphs 2 and 3 above relate to findings [F5and notices] under the 1975 Act, subsections [F6(1) and] (4) of section 82 of that Act (general interpretation provisions) shall have effect as if those paragraphs were contained in that Act.U.K.
(2)So far as paragraphs 2 and 3 above relate to findings [F5and notices] under the 1976 Act, subsections [F6(1) and] (4) of section 78 of that Act (general interpretation provisions) shall have effect as if those paragraphs were contained in that Act.
Textual Amendments
F5Words in Sch. 1 para. 4(1)(2) repealed (E.W.S.) (1.10.2007) by Equality Act 2006 (c. 3), s. 93(1), Sch. 3 para. 38(5)(a), Sch. 4 (with s. 92); S.I. 2007/2603, art. 2(d); S.I. 2007/2603, art. 2(d)
F6Words in Sch. 1 para. 4(1)(2) repealed (E.W.S.) (1.10.2007) by Equality Act 2006 (c. 3), s. 93(1), Sch. 3 para. 38(5)(b), Sch. 4 (with s. 92); S.I. 2007/2603, art. 2(d); S.I. 2007/2603, art. 2(d)
5U.K.In the application of paragraphs 2 to 4 above to Northern Ireland references to the 1975 Act shall be construed as references to the M3Sex Discrimination (Northern Ireland) Order 1976, and in particular—
(a)the references to sections 38, 39 and 40 of the 1975 Act shall be construed as references to Articles 39, 40 and 41 of that Order;
(b)the reference to subsections (1) and (4) of section 82 of the 1975 Act shall be construed as a reference to paragraphs (1), (2) and (5) or Article 2 of that Order; and
(c)other references to numbered sections of the 1975 Act shall be construed as references to the Articles of that Order bearing the same number;
[F7and there shall be omitted sub-paragraphs (e) to (h) of paragraph 2, sub-paragraph (2) of paragraph 4 and so much of paragraph 3 as relates to findings or notices under the 1976 Act.]
Textual Amendments
F7By S.I. 1997/869 (N.I. 6), art. 73, Sch. 2 para. 2(2); S.R. 1997/273, art. 2(4) it is provided (4.8.1997) that for these words in Sch. 1 para. 5 there shall be substituted para. 6
Marginal Citations
F8[6U.K.In the application of paragraphs 2 to 4 above to Northern Ireland references to the 1976 Act shall be construed as references to the Race Relations (Northern Ireland) Order 1997, and in particular the references to sections 29, 30, 31, 57, 62, 63(2)(a) and (4) and 78(1) and (4) of the 1976 Act shall be construed as references to Articles 29, 30, 31, 54, 59, 60(2)(a) and (4) and 2(2) and (3) respectively of that Order.]
Textual Amendments
F8By S.I. 1997/869 (N.I. 6), art. 73, Sch. 2 para. 2(2); S.R. 1997/273, art. 2(4) it is provided (4.8.1997) that for certain words in Sch. 1 para. 5 there shall be substituted para. 6
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
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.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys