PART 5Housing, estate agents and rentcharges: other changes
Client money protection schemes for property agents
I1135Enforcement of client money protection scheme regulations
1
The Secretary of State may by regulations make provision about the enforcement of a duty imposed by regulations under section 133.
2
The regulations may—
a
confer functions on a local authority in England;
b
require a property agent who fails to comply with a duty imposed by regulations under 133 to pay a financial penalty (or more than one penalty in the event of a continuing failure).
3
The provision that may be made under subsection (2)(a) includes provision requiring a local authority in England, when carrying out functions under the regulations, to have regard to guidance given by the Secretary of State.
4
The provision that may be made under subsection (2)(b) includes provision—
a
about the procedure to be followed in imposing penalties;
b
about the amount of penalties;
c
conferring rights of appeal against penalties;
d
for the enforcement of penalties;
e
authorising a local authority in England to use sums paid by way of penalties for the purposes of any of its functions.
5
In this section “local authority in England” means—
a
a district council,
b
a county council for an area for which there is no district council,
c
a London borough council,
d
the Common Council of the City of London, or
e
the Council of the Isles of Scilly.