Estate Agents Act 1979

Changes over time for: Section 10

Version Superseded: 01/04/1992

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Estate Agents Act 1979, Section 10 is up to date with all changes known to be in force on or before 19 January 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.

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10 Restriction on disclosure of information.U.K.

(1)Subject to subsections (3) to (5) below, no information obtained under or by virtue of this Act about any individual shall be disclosed without his consent.

(2)Subject to subsections (3) to (5) below, no information obtained under or by virtue of this Act about any business shall be disclosed except, so long as the business continues to be carried on, with the consent of the person for the time being carrying it on.

(3)Subsections (1) and (2) above do not apply to any disclosure of information made—

(a)for the purpose of facilitating the performance of any functions under this Act, the M1Trade Descriptions Act 1968,the M2Fair Trading Act 1973,the M3Consumer Credit Act 1974 orthe M4Restrictive Trade Practices Act 1976 [F1or the M5Competition Act 1980][F2or the Telecommunications Act 1984][F3or the Gas Act 1986][F4or the Airports Act 1986][F5or the Consumer Protection Act 1987][F6or the Water Act 1989] [F7the Water Industry Act 1991 or any of the other consolidation Acts (within the meaning of section 206 of that Act of 1991)] [F8or the Electricity Act 1989][F9or the Control of Misleading Advertisements Regulations 1988][F10or the Courts and Legal Services Act 1990][F11or the Consumer Protection (Northern Ireland) Order 1987]of any Minister of the Crown, any Northern Ireland department, the Director [F2the Director General of Telecommunications,][F3the Director General of Gas Supply,][F4the Civil Aviation Authority,][F6the Director General of Water Services,][F8the Director General of Electricity Supply,][F12or the Authorised Conveyancing Practitioners Board] or a local weights and measures authority in Great Britain, or

(b)in connection with the investigation of any criminal offence or for the purposes of any criminal proceedings, or

(c)for the purposes of any civil proceedings brought under or by virtue of this Act or any of the other enactments [F13or subordinate legislation]specified in paragraph (a) above.

(4)For the purpose of enabling the Director to use, in connection with his functions under this Act, information obtained by him in the exercise of functions under certain other enactments, the following amendments shall be made in provisions restricting disclosure of information . . . F14

(5)Nothing in subsections (1) and (2) above shall be construed—

(a)as limiting the particulars which may be entered in the register; or

(b)as applying to any information which has been made public as part of the register.

(6)Any person who discloses information in contravention of this section shall be liable on summary conviction to a fine not exceeding the statutory maximum and, on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or both.

Textual Amendments

F1Words added by Competition Act 1980 (c. 21, SIF 124:1), s. 19(4)(f)

F2Words inserted by Telecommunications Act 1984 (c. 12, SIF 96), s. 109(1), Sch. 4 para. 72, Sch. 5 para. 45

F3Words inserted (E.W.S.) by Gas Act 1986 (c. 44, SIF 44:2), s. 67(1), Sch. 7 para. 27

F4Words inserted by Airports Act 1986 (c. 31, SIF 9), s. 83(1), Sch. 4 para. 6

F5Words inserted by Consumer Protection Act 1987 (c. 43, SIF 109:1), s. 48(1), Sch. 4 para. 6

F6Words inserted (E.W.) by Water Act 1989 (c. 15, SIF 130), s. 190(1), Sch. 25 para. 57

F7Words in s. 10(3)(a) inserted (E.W.)(1.12.1991) by Water Consolidation (Consequential Provisions) Act 1991 (c. 60, SIF 130), ss. 2, 4(2), Sch. 1 para.33

F8Words inserted (E.W.S.) by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(1), Sch. 16 para. 24

F9Words inserted by S.I. 1988/915, art. 7(6)(d)(i)

F10Words inserted (prosp.) by Courts and Legal Services Act 1990 (c. 41, SIF 37), ss. 124(3), 125(3), Sch. 18 para. 22(1)(a)

F11Words inserted by S.I. 1987/2049 (N.I. 20), art. 35(1), Sch. 3 para. 4