# The Property Misdescriptions Act 1991 (Repeal) Order 2013 S.I. 2013/1575 · made 26 June 2013 This Order repeals the Property Misdescriptions Act 1991 and makes consequential amendments to other enactments. Made under: European Communities Act 1972 (repealed) (Section 2) PDFs: Printed copy https://openlegislation.uk/property-misdescriptions-act-1991-repeal-order-2013/pdf/uksi_20131575_en.pdf; UK Explanatory Memorandum https://openlegislation.uk/property-misdescriptions-act-1991-repeal-order-2013/pdf/uksiem_20131575_en.pdf ## Introductory text Consumer Protection Made 26th June 2013 Laid before Parliament 28th June 2013 Coming into force 1st October 2013 The Secretary of State is a Minister designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to measures relating to consumer protection and in relation to measures relating to the control of advertising. The Secretary of State makes the following Order in exercise of the powers conferred by section 2(2) of that Act. ## 1 Citation and commencement This Order may be cited as the Property Misdescriptions Act 1991 (Repeal) Order 2013 and comes into force on 1 October 2013. ## 2 Repeal of the Property Misdescriptions Act 1991 The Property Misdescriptions Act 1991 is repealed. ## 3 Consequential amendments The amendments in the Schedule have effect. ## Signature Jo Swinson Parliamentary Under Secretary of State for Employment Relations and Consumer Affairs Department for Business, Innovation and Skills 26th June 2013 ## Schedule: CONSEQUENTIAL AMENDMENTS ### Part 1: Amendments to Acts ## 1 Railways Act 1993 In section 145 of the Railways Act 1993 (general restrictions on disclosure of information), in subsection (3), omit paragraph (o). ## 2 Greater London Authority Act 1999 In section 235 of the Greater London Authority Act 1999 (restrictions on disclosure of information), in subsection (3), omit paragraph (o). ## 3 Transport Act 2000 In Schedule 9 to the Transport Act 2000 (air traffic: information), in paragraph 3 (other permitted disclosures), in sub-paragraph (3), omit paragraph (m). ## 4 Criminal Justice and Police Act 2001 The Criminal Justice and Police Act 2001 is amended as follows. ## 5 Criminal Justice and Police Act 2001 In section 66 (general interpretation of Part 2), in subsection (4), omit paragraph (k). ## 6 Criminal Justice and Police Act 2001 In Schedule 1 (powers of seizure), in Part 1 (powers to which section 50 applies), omit paragraph 53. ## 7 Criminal Justice and Police Act 2001 In Schedule 2 (applications and minor and consequential amendments), in Part 2 (minor and consequential amendments), omit paragraph 20. ## 8 Enterprise Act 2002 The Enterprise Act 2002 is amended as follows. ## 9 Enterprise Act 2002 In section 247 (repeals), omit paragraph (h). ## 10 Enterprise Act 2002 In Schedule 14 (specified functions), omit “Property Misdescriptions Act 1991 (c.29)”. ## 11 Enterprise Act 2002 In Schedule 15 (enactments conferring functions), omit “Property Misdescriptions Act 1991 (c.29)”. ## 12 Regulatory Enforcement and Sanctions Act 2008 The Regulatory Enforcement and Sanctions Act 2008 is amended as follows. ## 13 Regulatory Enforcement and Sanctions Act 2008 In Schedule 3 (enactments specified for the purposes of Part 1), omit “Property Misdescriptions Act 1991 (c.29)”. ## 14 Regulatory Enforcement and Sanctions Act 2008 In Schedule 6 (enactments specified for the purposes of orders under Part 3), omit “Property Misdescriptions Act 1991 (c.29)”. ## 15 Civil Aviation Act 2012 In Schedule 6 to the Civil Aviation Act 2012 (restrictions on disclosing information), in paragraph 4 (other permitted disclosures), in sub-paragraph (3), omit “Property Misdescriptions Act 1991;”. ## 16 Land Registration etc. (Scotland) Act 2012 In schedule 5 to the Land Registration etc. (Scotland) Act 2012 (minor and consequential modifications), omit paragraph 32. ### Part 2: Amendments to secondary legislation ## 17 Estate Agents (Specified Offences) (No. 2) Order 1991 In the Schedule to the Estate Agents (Specified Offences) (No. 2) Order 1991 (specified offences), omit the entry relating to the Property Misdescriptions Act 1991. ## 18 Enterprise Act 2002 (Part 8 Notice to OFT of Intended Prosecution Specified Enactments, Revocation and Transitional Provision) Order 2003 In the Schedule to the Enterprise Act 2002 (Part 8 Notice to OFT of Intended Prosecution Specified Enactments, Revocation and Transitional Provision) Order 2003, omit the entry relating to the Property Misdescriptions Act 1991. ## 19 Enterprise Act 2002 (Part 8 Domestic Infringements) Order 2003 In the Schedule to the Enterprise Act 2002 (Part 8 Domestic Infringements) Order 2003, in Part 1 (legislation of the United Kingdom Parliament), omit the entry relating to the Property Misdescriptions Act 1991. ## 20 Legislative and Regulatory Reform (Regulatory Functions) Order 2007 The Legislative and Regulatory Reform (Regulatory Functions) Order 2007 is amended as follows. ## 21 Legislative and Regulatory Reform (Regulatory Functions) Order 2007 In Part 3 of the Schedule, under the heading “Estate agents”, omit “Property Misdescriptions Act 1991”. ## 22 Legislative and Regulatory Reform (Regulatory Functions) Order 2007 In Part 6 of the Schedule, omit “Property Misdescriptions Act 1991”. ## 23 Co-ordination of Regulatory Enforcement (Regulatory Functions in Scotland and Northern Ireland) Order 2009 In Schedule 1 to the Co-ordination of Regulatory Enforcement (Regulatory Functions in Scotland and Northern Ireland) Order 2009, in Part 2, omit “Property Misdescriptions Act 1991”. ## 24 Legislative and Regulatory Reform (Regulatory Functions) (Amendment) Order 2009 In the Schedule to the Legislative and Regulatory Reform (Regulatory Functions) (Amendment) Order 2009 (new Parts 5 to 13 to be inserted in the Schedule to the 2007 Order), omit “Property Misdescriptions Act 1991”. ## 25 Postal Services Act 2011 (Disclosure of Information) Order 2012 In article 4 of the Postal Services Act 2011 (Disclosure of Information) Order 2012 (Prescription of enactments), omit “the Property Misdescriptions Act 1991;”. ## Explanatory note (This note is not part of the Order) This Order repeals the Property Misdescriptions Act 1991 and makes consequential amendments to other enactments. Since the introduction of the 1991 Act, Directive 2005/29/EC of the European Parliament and of the Council concerning unfair business-to-consumer commercial practices (OJ No. L 149, 11.6.2005, p 22) and Directive 2006/114/EC of the European Parliament and of the Council concerning misleading and comparative advertising (OJ No. L 376, 27.12.2006, p 21) have been implemented in the United Kingdom. They provide the same protection for consumers as the 1991 Act but in a broader and more modern framework. The 1991 Act has therefore become unnecessary. Article 2 repeals the Property Misdescriptions Act 1991. Article 3 and the Schedule make consequential amendments to other enactments. An impact assessment has been prepared in relation to this Order and will be placed in the Library of each House of Parliament. Copies may also be obtained via www.gov.uk/government/uploads/system/uploads/attachment_data/file/34614/12-1154-estate-agents-market-regulatory-reform-impact.pdf. --- Source: https://www.legislation.gov.uk/uksi/2013/1575 (the official version) Page: https://openlegislation.uk/property-misdescriptions-act-1991-repeal-order-2013 Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.