Estate Agents Act 1979

5 Supplementary provisions as to orders under sections 3 and 4. U.K.

(1) The provisions of Part I of Schedule 2 to this Act shall have effect—

(a) with respect to the procedure to be followed before an order is made by the [F1 lead enforcement authority] under section 3 or section 4 above; and

(b) in connection with the making and coming into operation of any such order.

(2) Where an order is made by the [F2 lead enforcement authority] under section 3 or section 4 above against a partnership, it may, if the [F2 lead enforcement authority] thinks it appropriate, have effect also as an order against some or all of the partners individually, and in such a case the order shall so provide and shall specify the names of the partners affected by the order.

(3) Nothing in [F3 section 113 of the Equality Act 2010 (proceedings)] or Article 62 of the M1 Sex Discrimination (Northern Ireland) Order 1976 [F4 or Article 51 of the Race Relations (Northern Ireland) Order 1997] (restriction of sanctions for breaches of F5 ... [F6 those Orders]) shall be construed as applying to the making of an order by the [F7 lead enforcement authority] under section 3 above.

F8 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) In any case where—

(a) an order of the [F9 lead enforcement authority] under section 3 above specifies as grounds for the order the fact that the person concerned committed discrimination by reason of the existence of any such finding or notice as is referred to in paragraph 2 of Schedule 1 to this Act, and

(b) the period expires at the end of which, by virtue of paragraph 3 of that Schedule, the person concerned would no longer be treated for the purposes of section 3(1)(b) above as having committed discrimination by reason only of that finding or notice,

then, unless the order also specifies other grounds which remain valid, the order shall cease to have effect at the end of that period.

Textual Amendments

F1 Words in s. 5(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(4)(b) (with Sch. 1 para. 28, 2 paras. 13-15)

F2 Words in s. 5(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(4)(b) (with Sch. 1 para. 28, 2 paras. 13-15)

F3 Words in s. 5(3) substituted by Equality Act 2010 (c. 15), Sch. 26 Pt. 1 para. 5(a), Sch. 27 Pt. 1 (as amended) (1.10.2010) by S.I. 2010/2279, art. 1(2), Sch. 1 para. 2 (see S.I. 2010/2317, art. 2)

F4 Words in s. 5(3) inserted (4.8.1997) by S.I. 1997/869 (N.I. 6), art. 73, Sch. 2 para. 2(1); S.R. 1997/273, art. 2(4)

F5 Words in s. 5(3) repealed by Equality Act 2010 (c. 15), Sch. 26 Pt. 1 para. 5(b), Sch. 27 Pt. 1 (as amended) (1.10.2010) by S.I. 2010/2279, art. 1(2), Sch. 1 para. 2, Sch. 2 (see S.I. 2010/2317, art. 2)

F6 Words in s. 5(3) substituted (4.8.1997) by S.I. 1997/869 (N.I. 6), art. 73, Sch. 2 para. 2(1); S.R. 1997/273, art. 2(4)

F7 Words in s. 5(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(4)(b) (with Sch. 1 para. 28, 2 paras. 13-15)

F8 S. 5(4) repealed (1.10.2008) by Consumers, Estate Agents and Redress Act 2007 (c. 17), ss. 55(4), 66(2), Sch. 8 (with s. 48(3)); S.I. 2008/905, art. 3(2), Sch. 2

F9 Words in s. 5(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(4)(b) (with Sch. 1 para. 28, 2 paras. 13-15)

Marginal Citations

M1 S.I. 1976/1042 (N.I. 15)