PART 3Miscellaneous and General
CHAPTER 3Duty of letting agents to publicise fees etc
87Enforcement of the duty
1
It is the duty of every local weights and measures authority in England and Wales to enforce the provisions of this Chapter in its area.
2
If a letting agent breaches the duty in section 83(3) (duty to publish list of fees etc on agent’s website), that breach is taken to have occurred in each area of a local weights and measures authority in England and Wales in which a dwelling-house to which the fees relate is located.
3
Where a local weights and measures authority in England and Wales is satisfied on the balance of probabilities that a letting agent has breached a duty imposed by or under section 83, the authority may impose a financial penalty on the agent in respect of that breach.
4
A local weights and measures authority in England and Wales may impose a penalty under this section in respect of a breach which occurs in England and Wales but outside that authority’s area (as well as in respect of a breach which occurs within that area).
5
But a local weights and measures authority in England and Wales may impose a penalty in respect of a breach which occurs outside its area and in the area of a local weights and measures authority in Wales only if it has obtained the consent of that authority.
6
Only one penalty under this section may be imposed on the same letting agent in respect of the same breach.
7
The amount of a financial penalty imposed under this section—
a
may be such as the authority imposing it determines, but
b
must not exceed £5,000.
8
Schedule 9 (procedure for and appeals against financial penalties) has effect.
9
A local weights and measures authority in England must have regard to any guidance issued by the Secretary of State about—
a
compliance by letting agents with duties imposed by or under section 83;
b
the exercise of its functions under this section or Schedule 9.
10
A local weights and measures authority in Wales must have regard to any guidance issued by the Welsh Ministers about—
a
compliance by letting agents with duties imposed by or under section 83;
b
the exercise of its functions under this section or Schedule 9.
11
The Secretary of State may by regulations made by statutory instrument—
a
amend any of the provisions of this section or Schedule 9 in their application in relation to local weights and measures authorities in England;
b
make consequential amendments to Schedule 5 in its application in relation to such authorities.
12
The Welsh Ministers may by regulations made by statutory instrument—
a
amend any of the provisions of this section or Schedule 9 in their application in relation to local weights and measures authorities in Wales;
b
make consequential amendments to Schedule 5 in its application in relation to such authorities.