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- Point in Time (31/03/2014)
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Version Superseded: 01/10/2015
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Estate Agents Act 1979, Section 9 is up to date with all changes known to be in force on or before 15 August 2024. 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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(1)The [F2lead enforcement authority] may, for the purpose of assisting [F3it] —
(a)to determine whether to make an order under section 3 or section 4 above, and
(b)in the exercise of any of [F3its] functions under sections 5, 6 and 8 above and 13 and 17 below,
by notice require any person to furnish to [F3it] such information as may be specified or described in the notice or to produce to [F3it] any documents so specified or described.
(2)A notice under this section—
(a)may specify the way in which and the time within which it is to be complied with and, in the case of a notice requiring the production of documents, the facilities to be afforded for making extracts, or taking copies of, the documents; and
(b)may be varied or revoked by a subsequent notice.
(3)Nothing in this section shall be taken to require a person who has acted as counsel or solicitor for any person to disclose any privileged communication made by or to him in that capacity.
(4)A person who—
F4(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)in furnishing any information in compliance with [F5 a notice under this section], makes any statement which he knows to be false in a material particular or recklessly makes any statement which is false in a material particular, or
(c)with intent to deceive, produces in compliance with such a notice a document which is false in a material particular,
shall be liable on conviction on indictment or on summary conviction to a fine which, on summary conviction, shall not exceed the statutory maximum.
F6(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)It shall be the duty of—
[F7(a)the Equal Opportunities Commission,]
[F7(a)the Commission for Equality and Human Rights, and]
(b)the Equal Opportunities Commission for Northern Ireland, [F8and
(c)the Commission for Racial Equality,]
to furnish to the [F9lead enforcement authority] such information relating to any finding, notice, injunction or order falling within paragraph 2 of Schedule 1 to this Act as is in their possession and appears to them to be relevant to the functions of the [F9lead enforcement authority] under this Act.
Textual Amendments
F1Words in s.9 heading 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)(f) (with Sch. 1 para. 28, 2 paras. 13-15)
F2Words in s. 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(4)(g) (with Sch. 1 para. 28, 2 paras. 13-15)
F3Words in s. 9(1) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 9(8)(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.)
F4S. 9(4)(a) repealed (1.10.2008) by Consumers, Estate Agents and Redress Act 2007 (c. 17), ss. 58(3)(a), 66(2), Sch. 8 (with s. 48(3)); S.I. 2008/905, art. 3(2), Sch. 2
F5Words in s. 9(4)(b) substituted (1.10.2008) by Consumers, Estate Agents and Redress Act 2007 (c. 17), ss. 58(3)(b), 66(2) (with s. 48(3)); S.I. 2008/905, art. 3(2), Sch. 2
F6S. 9(5) repealed (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 26; S.I. 2003/1397, art. 2(1), Sch. (with art. 8)
F7S. 9(6)(a) substituted (E.W.S.) (1.10.2007) by Equality Act 2006 (c. 3), s. 93(1), Sch. 3 para. 37(a) (with s. 92); S.I. 2007/2603, art. 2(d)
F8S. 9(6)(c) and preceding word repealed (E.W.S.) (1.10.2007) by Equality Act 2006 (c. 3), s. 93(1), Sch. 3 para. 37(b), Sch. 4 (with s. 92); S.I. 2007/2603, art. 2(d)
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