The Estate Agents (Specified Offences) (No. 2) Order 1991
S.I. 1991/1091 · Made 29 April 1991 · Extends to United Kingdom
Order made by the Secretary of State, laid before Parliament under section 3(6) of the Estate Agents Act 1979, for approval by resolution of each House of Parliament within twenty-eight days beginning with the day on which the Order was made, subject to extension for periods of dissolution, prorogation or adjournment for more than four days.
ESTATE AGENTS
Made 29th April 1991
Laid before Parliament 29th April 1991
Coming into force 1st June 1991
The Secretary of State, after consulting in accordance with section 30(1) of the Estate Agents Act 1979f1 the persons therein referred to, in exercise of the powers conferred on him by section 3(1)(a)(iii) of that Act and of all other powers enabling him in that behalf, hereby makes the following Order:—C1
Annotations to the whole text
Modifications
- C1
Order modified (temp.) (3.9.2001) by The Financial Services and Markets Act 2000 (Consequential Amendments) (Pre-Commencement Modifications) Order 2001 (S.I. 2001/2966), arts. 1, 14 (with art. 3)
Footnotes
- f1
Contents
1I1
This Order may be cited as the Estate Agents (Specified Offences)(No. 2) Order 1991 and shall come into force on 1st June 1991.
2I1
Offences committed under the provisions of the Acts and Orders listed in the Schedule to this Order are hereby specified for the purposes of section 3 of the Estate Agents Act 1979.
3I1
The Estate Agents (Specified Offences) Order 1991f1 is hereby revoked.
Signature
Edward Leigh
Parliamentary Under-Secretary of State,
Department of Trade and Industry
29th April 1991
SPECIFIED OFFENCESI1
| Act or Order | Provision | Description of Offence |
| Administration of Justice Act 1970f1 | Section 40(1)(a) | Unlawful harassment of debtors |
| Administration of Justice Act 1985f2 | Section 35 | Pretence of being a licensed conveyancer or recognised body |
| Building Societies Act 1986f3 | Paragraph 5 of Part III, and paragraph 6 of Part IV, of Schedule 8f4 | Performance by building society employee who has certain duties of service for associated body which carries out estate agency work |
| Company Directors Disqualification Act 1986f5 | Section 11(1) | Undischarged bankrupt acting as company director without leave |
| Section 12(2) | Acting as company director without leave where court revokes administration order | |
| Section 13 | Acting as a director in contravention of a disqualification order etc | |
| Companies (Northern Ireland) Order 1986f6 | Article 303(7) | Acting in contravention of a disqualification order |
| Article 310 | Undischarged bankrupt acting as company director without leave | |
| Consumer Credit Act 1974f7 | F1... | ... |
| ... | ... | |
| Section 46(1) | False or misleading advertisements | |
| Section 154 | Canvassing ancillary credit activities off trade premises | |
| Section 165(1) | Obstruction of authorised officer | |
| ... | ... | |
| F2... | ... | ... |
| F3... | ... | ... |
| Data Protection Act 1984f8 | Section 5 | Prohibition of unregistered holding etc of personal data |
| Section 6(6) | Provision of false etc information to Data Protection Registrar | |
| Section 10(9) | Failure to comply with an enforcement notice | |
| Section 15 | Unauthorised disclosure by computer bureau | |
| Financial Services Act 1986f9 | Section 4 | Carrying on investment business without authorisation etc |
| Section 57 | Issue of investment advertisements not approved by an authorised person | |
| Section 59(5) | Employment in contravention of disqualification direction | |
| Section 105(10)f10 | Investigation powers: Failure to comply with a requirement | |
| Section 111(1) | Furnishing false or misleading information to auditors etc | |
| Section 130 | Restriction on promotion of contracts of insurance | |
| Section 133(1)(b) | Misleading statements as to insurance | |
| Section 199(6)f11 | Obstruction of powers of entry | |
| Section 200(1), (2) and (3) | False or misleading statements etc | |
| Schedule 6 paragraph 5(3) | Failure in relation to attendance at, and evidence etc before, Financial Services Tribunal | |
| Malicious Communications Act 1988f12 | Section 1(1)(a)(i) and (ii) | Sending letters etc with intent to cause distress or anxiety |
| Malicious Communications (Northern Ireland) Order 1988f13 | Article 3(1)(a)(i) and (ii) | Sending letters etc with intent to cause distress or anxiety |
| F4Business Protection from Misleading Marketing Regulations 2008 | Regulation 6 | Misleading advertisements |
| Regulation 25 | Obstruction of authorised officers | |
| F5 ... | ... | ... |
| Trade Descriptions Act 1968f14 | F6... | F7... |
| ... | ... | |
| ... | ... | |
| Section 29(1) | Obstruction of authorised officers | |
| F8Digital Markets, Competition and Consumers Act 2024 | Section 237(1), (2), (3), (4), (6) and (7) | Offences relating to unfair commercial practices |
| F9Data Protection Act 2018 | Section 144 | False statements made in response to an information notice |
| Section 148 | Destroying or falsifying information and documents etc | |
Explanatory note
(This note is not part of the Order)
Section 3 of the Estate Agents Act 1979 confers power on theDirector General of Fair Trading to make orders prohibiting unfitpersons from doing estate agency work. This power may not, however, beexercised in relation to any person unless certain circumstances havearisen. One circumstance in which the power may be exercised is wherethe Director is satisfied that a person has been convicted of one ofcertain offences. These offences include any offence involving fraud orother dishonesty or violence, offences under certain sections of the1979 Act itself and any other offence that has been specified for thepurposes of section 3 by the Secretary of State.
Article 2 and the Schedule to this Order specify those otheroffences.