Part 3Amendment of the Estate Agents Act 1979
Prohibition and warning orders
I156Grounds for warning orders
1
Section 4 of the Estate Agents Act 1979 (warning orders) is amended as follows.
2
For subsection (1) substitute—
1
If the OFT is satisfied that any of subsections (1A), (1B) or (1C) apply in relation to a person it may by order notify that person that it is satisfied of the matters mentioned in that subsection.
1A
This subsection applies in relation to a person if—
a
in the course of estate agency work, he has engaged in conduct falling within paragraph (a), (b), (c), (ca) or (cb) of section 3(1); and
b
were he to engage again in any conduct falling within that paragraph, the OFT would consider him unfit and proceed to make a prohibition order.
1B
This subsection applies in relation to a person if—
a
in the course of estate agency work, he has engaged in conduct constituting a failure to comply with—
i
an undertaking mentioned in section 3(1)(ba); or
ii
an enforcement order mentioned in section 3(1)(bb); and
b
were he to fail again to comply with that undertaking or order by engaging in the same or similar conduct, the OFT would consider him unfit and proceed to make a prohibition order.
1C
This subsection applies in relation to a person if—
a
in the course of estate agency work, he has engaged in a practice mentioned in section 3(1)(d); and
b
were he to engage again in that practice, the OFT would consider him unfit and proceed to make a prohibition order.
3
In subsection (2) for the words from “a further” to “order”
(in the second place it appears) substitute “
further conduct as mentioned in subsection (1A)(b) or (1B)(b) or engaging again in the practice specified in the order, as the case may be,
”
.
4
In subsection (3) for the words from “fails to comply” to “order”
(in the second place it appears) substitute “
engages in further conduct as mentioned in subsection (1A)(b) or (1B)(b) or engages again in the practice specified in the order, as the case may be,
”
.
5
After subsection (3) insert—
4
In this section “unfit” means unfit as mentioned in subsection (2) of section 3 and “prohibition order” means an order under that section.