Orders by F6the lead enforcement authority

Annotations:
Amendments (Textual)

6 Revocation and variation of orders under sections 3 and 4.

1

On an application made to F1it by the person in respect of whom the F7lead enforcement authority has made an order under section 3 or section 4 above, the F7lead enforcement authority may revoke or vary the order.

2

An application under subsection (1) above—

a

shall state the reasons why the applicant considers that the order should be revoked or varied;

b

in the case of an application for a variation, shall indicate the variation which the applicant seeks; and

c

shall be accompanied by the prescribed fee.

3

If the F8lead enforcement authority decides to accede to an application under subsection (1) above, F3it shall give notice in writing of F2its decision to the applicant and, upon the giving of that notice, the revocation or, as the case may be, the variation specified in the application shall take effect.

4

The F9lead enforcement authority may decide to refuse an application under subsection (1) above—

a

where it relates to an order under section 3 above, if F3it considers that the applicant remains unfit to carry on any estate agency work at all or, as the case may be, estate agency work of the description which is prohibited by the order; and

b

where it relates to an order under section 4 above, if F3it considers that the applicant may F4 engage in further conduct as mentioned in subsection (1A)(b) or (1B)(b) of that section or engage again in the practice specified in the order, as the case may be. .

5

If, on an application under subsection (1) above, the F10lead enforcement authority decides that—

a

F3it cannot accede to the application because F3it considers that the applicant remains unfit to carry on any estate agency work at all in a particular part of or area within the United Kingdom or remains unfit to carry on estate agency work of a particular description (either throughout the United Kingdom or in a particular part of or area within it) or, as the case may be, remains likely to fail to comply with a relevant statutory obligation or to engage in a particular practice, but

b

the order to which the application relates could, without detriment to the public, be varied in favour of the applicant,

the F10lead enforcement authority may make such a variation accordingly.

6

The provisions of Part II of Schedule 2 to this Act shall have effect in relation to any application to the F11lead enforcement authority under subsection (1) above and the provisions of Part I of that Schedule shall have effect—

a

with respect to the procedure to be followed before the F11lead enforcement authority comes to a decision under subsection (4) or subsection (5) above; and

b

in connection with the making and coming into operation of such a decision.

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