Estate Agents Act 1979

Notice of proposalU.K.

2(1)The [F1OFT] shall give to the person affected a notice informing him of the proposal and of the [F1OFT’s] reason for it; but paragraph 1(2) above shall not apply for the purposes of this sub-paragraph.U.K.

(2)In the case of a proposal to make an order, the notice under sub-paragraph (1) above shall inform the person affected of the substance of the proposed order and, in the case of a proposal to make an order under section 3 of this Act, shall—

(a)set out those matters falling within subsection (1) of that section which the [F1OFT] intends should be specified as the grounds for the order, and

(b)specify any other matters of which the [F1OFT] has taken account under subsection (2) of that section, and

(c)if the [F1OFT] proposes to rely on section 4(3) of this Act to establish the unfitness of the person affected, state that fact.

(3)The notice given under sub-paragraph (1) above shall invite the person affected, within such period of not less than twenty-one days as may be specified in the notice—

(a)to submit to the [F1OFT] his representations in writing as to why the order should not be made or, as the case may be, should be varied or revoked in accordance with the application, and

(b)to give notice to the [F1OFT] , if he thinks fit, that he wishes to make such representations orally,

and where notice is given under paragraph (b) above the [F1OFT] shall arrange for the oral representations to be heard.

Textual Amendments

F1Word in Sch. 2 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 9(16)(a); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)