Section 8 Register of orders etc.

United Kingdom

(1)

The F1lead enforcement authority shall establish and maintain a register on which there shall be entered particulars of every order made by F2it under section 3 or section 4 above and of its decision on any application for revocation or variation of such an order.

(2)

The particulars referred to in subsection (1) above shall include—

(a)

the terms of the order and of any variation of it; and

(b)

the date on which the order or variation came into operation or is expected to come into operation or if an appeal against the decision is pending and the order or variation has in consequence not come into operation, a statement to that effect.

(3)

The F3lead enforcement authority may, of F4its own motion or on the application of any person aggrieved, rectify the register by the addition, variation or removal of any particulars; and the provisions of Part II of Schedule 2 to this Act shall have effect in relation to an application under this subsection.

(4)

If it comes to the attention of the F5lead enforcement authority that any order of which particulars appear in the register is no longer in operation, F6it shall remove those particulars from the register.

(5)

Any person shall be entitled on payment of the prescribed fee—

(a)

to inspect the register during such office hours as may be specified by a general notice made by the F7lead enforcement authority and to take copies of any entry, or

(b)

to obtain from the lead enforcement authority a copy, certified by F8it to be correct, of any entry in the register.

(6)

A certificate given by the F9lead enforcement authority under subsection (5)(b) above shall be conclusive evidence of the fact that, on the date on which the certificate was given, the particulars contained in the copy to which the certificate relates were entered on the register; and particulars of any matters required to be entered on the register which are so entered shall be evidence and, in Scotland, sufficient evidence of those matters and shall be presumed, unless the contrary is proved, to be correct.

Annotations

Textual amendments

F1: Words in s. 8(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)(e) (with Sch. 1 para. 28, 2 paras. 13-15)
F2: Words in s. 8(1) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 9(7)(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.)
F3: Words in s. 8(3) 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)(e) (with Sch. 1 para. 28, 2 paras. 13-15)
F4: Word in s. 8(3) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 9(7)(c); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
F5: Words in s. 8(4) 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)(e) (with Sch. 1 para. 28, 2 paras. 13-15)
F6: Word in s. 8(4) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 9(7)(d); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
F7: Words in s. 8(5) 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)(e) (with Sch. 1 para. 28, 2 paras. 13-15)
F8: Word in s. 8(5) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 9(7)(e); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
F9: Words in s. 8(6) 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)(e) (with Sch. 1 para. 28, 2 paras. 13-15)

Notes on Orders by the lead enforcement authority

Textual amendments

F1: Words in cross-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(2) (with Sch. 1 para. 28, 2 paras. 13-15)