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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.
Statutory Instruments
1991 No. 1091
ESTATE AGENTS
The Estate Agents (Specified Offences) (No. 2) Order 1991
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 section30(1) of the Estate Agents Act 1979(1) the persons therein referred to, in exercise of thepowers conferred on him by section 3(1)(a)(iii) of that Act and of allother powers enabling him in that behalf, hereby makes the followingOrder:-
1. This Order may be cited as the Estate Agents (Specified Offences)(No. 2) Order 1991 and shall come into force on 1st June 1991.
2. Offences committed under the provisions of the Acts and Orderslisted in the Schedule to this Order are hereby specified for thepurposes of section 3 of the Estate Agents Act 1979.
3. The Estate Agents (Specified Offences) Order 1991(2) is hereby revoked.
Edward Leigh
Parliamentary Under-Secretary of State,
Department of Trade and Industry
29th April 1991
Article 2
SCHEDULE SPECIFIED OFFENCES
| Act or Order | Provision | Description of Offence |
| Administration of Justice Act 1970(3) | Section 40(1)(a) | Unlawful harassment of debtors |
| Administration of Justice Act 1985(4) | Section 35 | Pretence of being a licensed conveyancer or recognised body |
| Building Societies Act 1986(5) | Paragraph 5 of Part III, and paragraph 6 of Part IV, of Schedule 8(6) | Performance by building society employee who has certain duties of service for associated body which carries out estate agency work |
| Company Directors Disqualification Act 1986(7) | 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 1986(8) | Article 303(7) | Acting in contravention of a disqualification order |
| Article 310 | Undischarged bankrupt acting as company director without leave | |
| Consumer Credit Act 1974(9) | Section 7 | Provision of false or misleading information to Director General of Fair Trading |
| Section 39(1), (2) and (3) | Licensing offences | |
| Section 46(1) | False or misleading advertisements | |
| Section 154 | Canvassing ancillary credit activities off trade premises | |
| Section 165(1) | Obstruction of authorised officer | |
| Section 167(2) | Breach of certain regulations | |
| Consumer Protection Act 1987(10) | Section 20(1) and (2) | Misleading indication of prices of goods, services, etc |
| Section 32(1) and (2)(b) | Obstruction of authorised officer | |
| Consumer Protection (Northern Ireland) Order 1987(11) | Article 13 paragraphs (1) and (2) | Misleading indication of prices of goods, services, etc |
| Article 24(1) and (2)(b) | Obstruction of authorised officer | |
| Data Protection Act 1984(12) | 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 1986(13) | 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)(14) | 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)(15) | 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 1988(16) | Section 1 (1)(a)(i) and (ii) | Sending letters etc with intent to cause distress or anxiety |
| Malicious Communications (Northern Ireland) Order 1988(17) | Article 3 (1)(a)(i) and (ii) | Sending letters etc with intent to cause distress or anxiety |
| Trade Descriptions Act 1968(18) | Section 1(1) | Applying false trade description in relation to goods |
| Section 13 | False representations as to supply of goods or services | |
| Section 14(1)(b) | False or misleading statements as to services etc | |
| Section 29(1) | Obstruction of authorised officers |
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.
S.I. 1991/860.
Schedule 8 was substituted by the Building Societies(Commercial Assets and Services) Order 1988 S.I. 1988/1141, article 5,Schedule 5.
S.I. 1986/1032 (N.I.6).
S.I. 1987/2049 (N.I.20).
Section 105 was amended by section 73 of the CompaniesAct 1989 (c. 40).
Section 199(6) was amended by section 76 of theCompanies Act 1989.
S.I. 1988/1849 (N.I.18).