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9(1)The Estate Agents Act 1979 is amended as follows.
(2)In section 3 (orders prohibiting unfit persons from doing estate agency work)—
(a)in subsection (1), for “the Director General of Fair Trading (in this Act referred to as “the Director”)” there is substituted “ the Office of Fair Trading (in this Act referred to as “the OFT”) ”;
(b)for “Director” (in each place) there is substituted “ OFT ”;
(c)in subsection (2), for “he” there is substituted “ it ”;
(d)in subsections (4) and (5), for “he” (in each place) and “him” there is substituted “ it ”;
and in the cross-heading before that section, for “Director General of Fair Trading” there is substituted “ Office of Fair Trading ”.
(3)In section 4 (warning orders)—
(a)for “Director” (in each place) there is substituted “ OFT ”;
(b)in subsection (1), for “he” there is substituted “ it ”.
(4)In section 5 (supplementary provisions as to orders under sections 3 and 4), for “Director” (in each place) there is substituted “ OFT ”.
(5)In section 6 (revocation and variation of orders under sections 3 and 4)—
(a)for “Director” (in each place) there is substituted “ OFT ”;
(b)in subsection (1), for “him” there is substituted “ it ”;
(c)in subsections (3) to (5), for “he” (in each place) there is substituted “ it ”;
(d)in subsection (3), for “his” there is substituted “ its ”.
(6)In section 7 (appeals), in subsection (1), for “Director” (in both places) there is substituted “ OFT ”.
(7)In section 8 (register of orders etc.)—
(a)for “Director” (in each place) there is substituted “ OFT ”;
(b)in subsection (1), for “him” and “his” there is substituted “ it ” and “ its ” respectively;
(c)in subsection (3), for “his” there is substituted “ its ”;
(d)in subsection (4), for “he” there is substituted “ it ”;
(e)in subsection (5), for “him” there is substituted “ it ”.
(8)In section 9 (information for the Director)—
(a)for “Director” (in each place) there is substituted “ OFT ”;
F1(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(9)In—
F2(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)section 13 (clients’ money held on trust or as agent), and
(c)section 15 (interest on clients’ money),
for “Director” there is substituted “ OFT ”.
(10)In section 17 (exemptions from section 16)—
(a)for “Director” (in each place) there is substituted “ OFT ”;
(b)in subsection (1), for “he” and “him” there is substituted “ it ”;
(c)in subsection (5), for “he” and “his” (in both places) there is substituted “ it ” and “ its ” respectively.
(11)In—
(a)section 19 (regulation of pre-contract deposits outside Scotland),
(b)section 20 (regulation of pre-contract deposits in Scotland), and
(c)section 21 (transactions in which an estate agent has a personal interest),
for “Director” there is substituted “ OFT ”.
(12)In section 25 (general duties of Director)—
(a)for “Director” (in each place) there is substituted “ OFT ”;
(b)in subsection (1), for “himself” there is substituted “ itself ”;
(c)in subsections (2) and (3), for “him” there is substituted “ it ”;
(d)in subsection (3), for “he” there is substituted “ it ”.
(13)In section 26 (enforcement authorities)—
(a)for “Director” (in each place) there is substituted “ OFT ”;
(b)subsection (2) (requirement to notify Director of intended prosecution) is omitted;
(c)in subsection (4), for “him” and “he” there is substituted “ it ”.
(14)In—
(a)section 29 (service of notices etc.), and
(b)section 30 (orders and regulations),
for “Director” (in each place) there is substituted “ OFT ”.
(15)In section 33 (general interpretation provisions)—
(a)the definition of “Director” shall cease to have effect;
(b)in the definition of “general notice”, for “Director” and “him” there is substituted “ OFT ” and “ it ” respectively;
(c)after the definition of “general notice” there is inserted—
““OFT” means the Office of Fair Trading;”.
(16)In Schedule 2 (procedure etc.)—
(a)for “Director” and “Director’s” (in each place) there is substituted “ OFT ” and “ OFT’s ”;
(b)in paragraph 1, for “his” and “he” there is substituted “ its ” and “ it ” respectively;
(c)in paragraphs 3 and 5, for “he” there is substituted “ it ”;
(d)in paragraph 6, for “his” (in both places) and “he” (in both places) there is substituted “ its ” and “ it ” respectively;
(e)in paragraph 7, for “his” and “he” there is substituted “ its ” and “ it ” respectively;
(f)in paragraph 8, for “his”, “he” (in both places) and “him” there is substituted “ its ”, “ it ” and “ it ” respectively;
(g)in paragraph 9(1), for “his” (in both places) there is substituted “ its ”;
(h)in paragraph 10(2), for “he” there is substituted “ it ”.
Textual Amendments
F1Sch. 25 para. 9(8)(b) repealed (1.10.2015) by Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 6 para. 85(c); S.I. 2015/1630, art. 3(i) (with art. 8)
F2Sch. 25 para. 9(9)(a) repealed (1.10.2015) by Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 6 para. 85(c); S.I. 2015/1630, art. 3(i) (with art. 8)
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