SCHEDULES

SCHEDULE 2 U.K. Procedure etc.

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

Introductory U.K.

1 U.K. In this Schedule—

(a) subject to sub-paragraph (2) below, references to “the person affected” are to the person in respect of whom the [F1 lead enforcement authority] proposes to make, or has made, an order under section 3 or section 4 of this Act, or who has made an application under section 6 of this Act for the variation or revocation of such an order; and

(b) references to the [F2 lead enforcement authority’s] “proposal” are to any proposal of [F3 its] to make such an order or to make a decision under subsection (4) or subsection (5) of section 6 of this Act on such an application.

(2) In the case of a proposal of the [F4 lead enforcement authority] to make an order under section 3 or section 4 of this Act against a partnership where, by virtue of section 5(2) of this Act, [F3 it] intends that the order shall have effect as an order against some or all of the partners individually, references in the following provisions of this Schedule to the person affected shall be construed, except where the contrary is provided, as references to each of the partners affected by the order, as well as to the partnership itself.

Textual Amendments

F1 Words in Sch. 2 para. 1(1)(a) 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(13)(a)(i) (with Sch. 1 para. 28, 2 paras. 13-15)

F2 Words in Sch. 2 para. 1(1)(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(13)(a)(ii) (with Sch. 1 para. 28, 2 paras. 13-15)

F3 Words in Sch. 2 para. 1 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 9(16)(b); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

F4 Words in Sch. 2 para. 1(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(13)(a)(iii) (with Sch. 1 para. 28, 2 paras. 13-15)

Notice of proposal U.K.

2 (1) The [F5 lead enforcement authority] shall give to the person affected a notice informing him of the proposal and of the [F6 lead enforcement authority’s] reason for it; but paragraph 1(2) above shall not apply for the purposes of this sub-paragraph. U.K.

(2) In the case of a proposal to make an order, the notice under sub-paragraph (1) above shall inform the person affected of the substance of the proposed order and, in the case of a proposal to make an order under section 3 of this Act, shall—

(a) set out those matters falling within subsection (1) of that section which the [F7 lead enforcement authority] intends should be specified as the grounds for the order, and

(b) specify any other matters of which the [F7 lead enforcement authority] has taken account under subsection (2) of that section, and

(c) if the [F7 lead enforcement authority] proposes to rely on section 4(3) of this Act to establish the unfitness of the person affected, state that fact.

(3) The notice given under sub-paragraph (1) above shall invite the person affected, within such period of not less than twenty-one days as may be specified in the notice—

(a) to submit to the [F8 lead enforcement authority] his representations in writing as to why the order should not be made or, as the case may be, should be varied or revoked in accordance with the application, and

(b) to give notice to the [F8 lead enforcement authority], if he thinks fit, that he wishes to make such representations orally,

and where notice is given under paragraph (b) above the [F8 lead enforcement authority] shall arrange for the oral representations to be heard.

Textual Amendments

F5 Words in Sch. 2 para. 2(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(13)(a)(iv)(aa) (with Sch. 1 para. 28, 2 paras. 13-15)

F6 Words in Sch. 2 para. 2(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(13)(a)(iv)(bb) (with Sch. 1 para. 28, 2 paras. 13-15)

F7 Words in Sch. 2 para. 2(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(13)(a)(v)(aa) (with Sch. 1 para. 28, 2 paras. 13-15)

F8 Words in Sch. 2 para. 2(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(13)(a)(v)(aa) (with Sch. 1 para. 28, 2 paras. 13-15)

Hearing of representations U.K.

3 U.K. Where the [F9 lead enforcement authority] receives notice under paragraph 2(3)(b) above [F10 it] shall give the person affected not less than twenty-one days’ notice, or such shorter notice as the person affected may consent to accept, of the date, time and place at which his representations are to be heard.

Textual Amendments

F9 Words in Sch. 2 para. 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(13)(a)(v)(bb) (with Sch. 1 para. 28, 2 paras. 13-15)

F10 Word in Sch. 2 para. 3 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 9(16)(c); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

4 (1) In the course of the hearing of oral representations the [F11 lead enforcement authority] shall, at the request of the person affected, permit any other person (in addition to the person affected) to make representations on his behalf or to give evidence or to introduce documents for him. U.K.

(2) The [F12 lead enforcement authority] shall not refuse to admit evidence solely on the grounds that it would not be admissible in a court of law.

Textual Amendments

F11 Words in Sch. 2 para. 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(13)(a)(v)(cc) (with Sch. 1 para. 28, 2 paras. 13-15)

F12 Words in Sch. 2 para. 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(13)(a)(v)(cc) (with Sch. 1 para. 28, 2 paras. 13-15)

5 U.K. If the [F13 lead enforcement authority] adjourns the hearing [F14 it] shall give the person affected reasonable notice of the date, time and place at which the hearing is to be resumed.

Textual Amendments

F13 Words in Sch. 2 para. 5 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(13)(a)(v)(dd) (with Sch. 1 para. 28, 2 paras. 13-15)

F14 Word in Sch. 2 para. 5 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 9(16)(c); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

Decision U.K.

6 (1) The [F15 lead enforcement authority] shall take into account in deciding whether to proceed with [F16 its] proposal any written or oral representations made in accordance with the preceding provisions of this Schedule. U.K.

(2) If the [F17 lead enforcement authority] considers that [F16 it] should proceed with [F16 its] proposal but for a reason which differs, or on grounds which differ, from those set out in the notice of the proposal under paragraph 2 above, [F16 it] shall give a further notice under that paragraph.

(3) In any case where—

(a) a notice under paragraph 2 above gives more than one reason for the proposal or (in the case of a proposal to make an order under section 3 of this Act) sets out more than one matter which the [F18 lead enforcement authority] intends should be specified as the grounds for the order, and

(b) it appears to the [F18 lead enforcement authority] that one or more of those reasons should be abandoned or, as the case may be, that one or more of those matters should not be so specified,

the [F18 lead enforcement authority] may nevertheless decide to proceed with [F16 its] proposal on the basis of any other reason given in the notice or, as the case may be, on any other grounds set out in the notice.

Textual Amendments

F15 Words in Sch. 2 para. 6(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(13)(a)(v)(ee) (with Sch. 1 para. 28, 2 paras. 13-15)

F16 Words in Sch. 2 para. 6 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 9(16)(d); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

F17 Words in Sch. 2 para. 6(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(13)(a)(v)(ee) (with Sch. 1 para. 28, 2 paras. 13-15)

F18 Words in Sch. 2 para. 6(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(13)(a)(v)(ee) (with Sch. 1 para. 28, 2 paras. 13-15)

7 U.K. If the [F19 lead enforcement authority] decides not to proceed with [F20 its] proposal [F20 it] shall give notice of that decision to the person affected and, in the case of a notice of a decision on an application under section 6 of this Act, such a notice shall be combined with a notice under subsection (3) of that section.

Textual Amendments

F19 Words in Sch. 2 para. 7 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(13)(a)(v)(ff) (with Sch. 1 para. 28, 2 paras. 13-15)

F20 Words in Sch. 2 para. 7 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 9(16)(e); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

8 U.K. If the [F21 lead enforcement authority] decides to proceed with [F22 its] proposal [F22 it] may, if [F22 it] thinks fit having regard to any representations made to [F22 it] —

(a) where the proposal is for the making of an order, make the order in a form which varies from that of the proposed order mentioned in the notice under paragraph 2 above, or

(b) where the proposal is to vary an order, make a variation other than that mentioned in the notice under paragraph 2 above, or

(c) where the proposal is to refuse to revoke an order, vary the order.

Textual Amendments

F21 Words in Sch. 2 para. 8 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(13)(a)(v)(gg) (with Sch. 1 para. 28, 2 paras. 13-15)

F22 Words in Sch. 2 para. 8 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 9(16)(f); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

Notification of decision U.K.

9 (1) Notice of the decision to make the order, and of the terms of the order or, as the case may be, notice of the decision on the application for variation or revocation of the order, shall be given to the person affected, together with the [F23 lead enforcement authority’s] reasons for [F24 its] decision, including the facts which in [F24 its] opinion justify the decision. U.K.

(2) The notice referred to in sub-paragraph (1) above shall also inform the person affected of his right to appeal against the decision and of the period within which an appeal may be brought and of how notice of appeal may be given.

Textual Amendments

F23 Words in Sch. 2 para. 9(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(13)(a)(vi) (with Sch. 1 para. 28, 2 paras. 13-15)

F24 Word in Sch. 2 para. 9(1) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 9(16)(g); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

10 (1) Subject to sub-paragraph (2) below, the order to which the decision relates or, as the case may be, any variation of an order for which the decision provides shall not come into operation until any appeal under section 7(1) of this Act and any further appeal has been finally determined or the period within which such an appeal may be brought has expired. U.K.

(2) Where the [F25 lead enforcement authority] states in the notice referred to in paragraph 9(1) above that [F26 it] is satisfied that there are special circumstances which require it, an order shall come into operation immediately upon the giving of notice of the decision to make it.

Textual Amendments

F25 Words in Sch. 2 para. 10(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(13)(a)(vii) (with Sch. 1 para. 28, 2 paras. 13-15)

F26 Word in Sch. 2 para. 10(2) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 9(16)(h); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)