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Estate Agents Act 1979, Section 26 is up to date with all changes known to be in force on or before 15 May 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(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 [F1lead enforcement authority],
(b)in Great Britain, a local weights and measures authority, and
(c)in Northern Ireland, the [F2Department of Enterprise, Trade and Investment in Northern Ireland] .
[F3(1A)For the investigatory powers available to an authority for the purposes of the duty in subsection (1), see Schedule 5 to the Consumer Rights Act 2015.]
F4(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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 [F5lead enforcement authority] requires, report to [F6it] in such form and with such particulars as [F6it] requires on the exercise of their functions under this Act.
(5)–(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7
Textual Amendments
F1Words in s. 26(1)(a) substituted (31.3.2014) by The Public Bodies (Abolition of the National Consumer Council and Transfer of the Office of Fair Trading’s Functions in relation to Estate Agents etc) Order 2014 (S.I. 2014/631), art. 1(5), Sch. 2 para. 1(10)(a) (with Sch. 1 para. 28, 2 paras. 13-15)
F2Words in s. 26(1)(c) substituted (1.10.2016) by Housing and Planning Act 2016 (c. 22), ss. 132(2), 216(3); S.I. 2016/733, reg. 4(1)(a)
F3S. 26(1A) inserted (1.10.2015) by Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 6 para. 24; S.I. 2015/1630, art. 3(i)
F4S. 26(2) repealed (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 9(13)(b), Sch. 26; S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
F5Words in s. 26(4) substituted (31.3.2014) by The Public Bodies (Abolition of the National Consumer Council and Transfer of the Office of Fair Trading’s Functions in relation to Estate Agents etc) Order 2014 (S.I. 2014/631), art. 1(5), Sch. 2 para. 1(10)(a) (with Sch. 1 para. 28, 2 paras. 13-15)
F6Word in s. 26(4) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 9(13)(c); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
F7S. 26(5)–(8) repealed by Local Government, Planning and Land Act 1980 (c. 65, SIF 81:1, 2), s. 1(4), Sch. 34 Pt. IV
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