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Estate Agents Act 1979

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Changes over time for: Paragraph 2

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Changes to legislation:

Estate Agents Act 1979, Paragraph 2 is up to date with all changes known to be in force on or before 05 March 2025. 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. Help about Changes to Legislation

[F12(1)A scheme may not be approved unless the [F2lead enforcement authority] considers that—U.K.

(a)the provisions of the scheme; and

(b)the manner in which it will be operated (so far as can be judged from facts known to the authority);

are satisfactory for the purposes of section 23A.

(2)Without prejudice to the generality of sub-paragraph (1), a scheme must not be approved unless the [F3lead enforcement authority] considers that it makes satisfactory provision about—

(a)the complaints which may be made under the scheme (which may include complaints about non-compliance with the provisions of a code of practice or other document);

(b)the ombudsman's duties and powers in relation to the investigation and determination of complaints (which may include power to decide not to investigate or determine a particular complaint);

(c)the redress which the ombudsman may require members to provide to complainants, which must include the types of redress specified in sub-paragraph (3);

(d)the enforcement of any requirement to provide redress imposed on a member in accordance with the scheme.

(3)The types of redress mentioned in sub-paragraph (2)(c) are—

(a)providing an apology or explanation;

(b)paying compensation; and

(c)taking such other actions in the interests of the complainant as the ombudsman may specify.]

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