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1.—(1) This Order may be cited as the Transfer of Functions (Estate Agents Appeals and Additional Scheduled Tribunal) Order 2009 and, subject to paragraph (2), comes into force on 1st September 2009.
(2) Article 4 comes into force on the day after the day on which this instrument is made.
2. The function of the Secretary of State to decide appeals under section 7(1) of the Estate Agents Act 1979(1) is transferred to the First-tier Tribunal.
3. A person who, immediately before this Order comes into force, holds an office listed in column (1) of the following table is to hold the office or offices listed in the corresponding entry in column (2) of the table.
| (1) Office held | (2) Office to be held |
|---|---|
| Person appointed to hear an appeal on behalf of the Secretary of State under regulation 19(1) of Estate Agents (Appeals) Regulations 1981(2) at any time after 2005, and who is on the panel of presiding members | Transferred-in judge of the First-tier Tribunal |
| Person appointed to hear an appeal on behalf of the Secretary of State under regulation 19(1) of Estate Agents (Appeals) Regulations 1981 at any time after 2005, and who is on the panel of legal members | Transferred-in judge of the First-tier Tribunal |
| Person appointed to hear an appeal on behalf of the Secretary of State under regulation 19(1) of Estate Agents (Appeals) Regulations 1981 at any time after 2005, and who is on the panel of other members | Transferred-in other member of the First-tier Tribunal |
4. In Part 4 of Schedule 6 to the Tribunals, Courts and Enforcement Act 2007 (tribunals for the purposes of section 30), insert the following entry at the appropriate place—
| “Panel | Section 189(6) of the Greater London Authority Act 1999(3)” |
5.—(1) Schedule 1 contains amendments to primary legislation as a consequence of the transfer effected by this Order.
(2) Schedule 2 contains repeals and revocations as a consequence of the amendments in Schedule 1.
(3) Schedule 3 contains transitional and saving provisions.
By authority of the Lord Chancellor
Bridget Prentice
Parliamentary Under-Secretary of State
Ministry of Justice
7th July 2009
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