Supervision, enforcement, publicity etc.

24 Supervision by Council on Tribunals.

F11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F102

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

25 General duties of F14the lead enforcement authority

1

Subject to section 26(3) below, it is the duty of the F15lead enforcement authority—

a

generally to superintend the working and enforcement of this Act, and

b

where necessary or expedient, F4itself to take steps to enforce this Act.

2

It is the duty of the F16lead enforcement authority, so far as appears to F5it to be practicable and having regard both to the national interest and the interests of persons engaged in estate agency work and of consumers, to keep under review and from time to time advise the Secretary of State about—

a

social and commercial developments in the United Kingdom and elsewhere relating to the carrying on of estate agency work and related activities; and

b

the working and enforcement of this Act.

3

The F17lead enforcement authority shall arrange for the dissemination, in such form and manner as F6it considers appropriate, of such information and advice as it may appear to F5it expedient to give the public in the United Kingdom about the operation of this Act.

26 Enforcement authorities.

1

Without prejudice to section 25(1) above, the following authorities (in this Act referred to as “enforcement authorities”) have a duty to enforce this Act—

a

the F18lead enforcement authority,

b

in Great Britain, a local weights and measures authority, and

c

in Northern Ireland, the Department of Commerce for Northern Ireland.

F72

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

Nothing in this section or in section 25 above authorises an enforcement authority to institute proceedings in Scotland for an offence.

4

Every local weights and measures authority shall, whenever the F19lead enforcement authority requires, report to F8it in such form and with such particulars as F8it requires on the exercise of their functions under this Act.

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

27 Obstruction and personation of authorised officers.

1

Any person who—

a

wilfully obstructs an authorised officer, or

F12b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

c

without reasonable cause fails to give an authorised officer F13 any assistance or information he may reasonably require in performing his functions under this Act, or

d

in giving information to an authorised officer, makes any statement which he knows to be false,

shall be liable on summary conviction to a fine not exceeding F3level 4 on the standard scale.

F111A

A failure to give assistance or information shall not constitute an offence under subsection (1)(c) if it is also a failure in relation to which an authorised officer may apply for an order under section 11A above.

2

A person who is not an authorised officer but purports to act as such shall be liable on summary conviction to a fine not exceeding F3level 5 on the standard scale.

3

In this section “authorised officer” means a duly authorised officer of an enforcement authority who is acting in pursuance of this Act.

4

Nothing in subsection (1) above requires a person to answer any question or give any information if to do so might incriminate that person or that person’s F9spouse or civil partner .