LegalizeThe 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 section 30(1) of the Estate Agents Act 1979[^f00001] the persons therein referred to, in exercise of the powers conferred on him by section 3(1)(a)(iii) of that Act and of all other powers enabling him in that behalf, hereby makes the following Order:—
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 Orders listed in the Schedule to this Order are hereby specified for the purposes of section 3 of the Estate Agents Act 1979.
3
The Estate Agents (Specified Offences) Order 1991[^f00002] is hereby revoked.
SCHEDULE — SPECIFIED OFFENCES
| Act or Order | Provision | Description of Offence |
|---|---|---|
| Administration of Justice Act 1970[^f00003] | Section 40(1)(a) | Unlawful harassment of debtors |
| Administration of Justice Act 1985[^f00004] | Section 35 | Pretence of being a licensed conveyancer or recognised body |
| Building Societies Act 1986[^f00005] | Paragraph 5 of Part III, and paragraph 6 of Part IV, of Schedule 8[^f00006] | 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[^f00007] | 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[^f00008] | Article 303(7) | Acting in contravention of a disqualification order |
| Article 310 | Undischarged bankrupt acting as company director without leave | |
| Consumer Credit Act 1974[^f00009] | ... | ... |
| ... | ... | |
| Section 46(1) | False or misleading advertisements | |
| Section 154 | Canvassing ancillary credit activities off trade premises | |
| Section 165(1) | Obstruction of authorised officer | |
| ... | ... | |
| ... | ... | ... |
| ... | ... | ... |
| Data Protection Act 1984[^f00012] | 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[^f00013] | 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)[^f00014] | 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)[^f00015] | 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[^f00016] | Section 1(1)(a)(i) and (ii) | Sending letters etc with intent to cause distress or anxiety |
| Malicious Communications (Northern Ireland) Order 1988[^f00017] | Article 3(1)(a)(i) and (ii) | Sending letters etc with intent to cause distress or anxiety |
| Business Protection from Misleading Marketing Regulations 2008 | Regulation 6 | Misleading advertisements |
| Regulation 25 | Obstruction of authorised officers | |
| ... | ... | ... |
| Trade Descriptions Act 1968[^f00018] | ... | ... |
| ... | ... | |
| ... | ... | |
| Section 29(1) | Obstruction of authorised officers | |
| Digital Markets, Competition and Consumers Act 2024 | Section 237(1), (2), (3), (4), (6) and (7) | Offences relating to unfair commercial practices |
| Data Protection Act 2018 | Section 144 | False statements made in response to an information notice |
| Section 148 | Destroying or falsifying information and documents etc | |
Signed
Edward Leigh — Parliamentary Under-Secretary of State, — Department of Trade and Industry — 29th April 1991
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.
Footnotes
[^f00001]: 1979 c. 38.
[^f00002]: S.I. 1991/860.
[^f00003]: 1970 c. 31.
[^f00004]: 1985 c. 61.
[^f00005]: 1986 c. 53.
[^f00006]: Schedule 8 was substituted by the Building Societies(Commercial Assets and Services) Order 1988 S.I. 1988/1141, article 5,Schedule 5.
[^f00007]: 1986 c. 46.
[^f00008]: S.I. 1986/1032 (N.I.6).
[^f00009]: 1974 c. 39.
[^f00012]: 1984 c. 35.
[^f00013]: 1986 c. 60.
[^f00014]: Section 105 was amended by section 73 of the CompaniesAct 1989 (c. 40).
[^f00015]: Section 199(6) was amended by section 76 of theCompanies Act 1989.
[^f00016]: 1988 c. 27.
[^f00017]: S.I. 1988/1849 (N.I.18).
[^f00018]: 1968 c. 29.
Editorial notes
[^key-70aa2d80a9afb967ada8f85458c6ef47]: Art. 1 in force at 1.6.1991, see art. 1
[^key-b50f044a4a5ffd8f27c34ddf61b2f53c]: Art. 2 in force at 1.6.1991, see art. 1
[^key-2b61c5d75535ec1a64cd5a77d76ac2fd]: Art. 3 in force at 1.6.1991, see art. 1
[^key-e3b4a6e473999c104b343a3736522b91]: Words in Sch. omitted (26.5.2008) by virtue of The Consumer Protection from Unfair Trading Regulations 2008 (S.I. 2008/1277), reg. 1, Sch. 2 para. 83(2), Sch. 4 Pt. 2 (with reg. 28(2)(3))
[^key-3659d9e8c8f6060be835a0ecfa77005e]: Words in Sch. omitted (26.5.2008) by virtue of The Consumer Protection from Unfair Trading Regulations 2008 (S.I. 2008/1277), reg. 1, Sch. 2 para. 83(3), Sch. 4 Pt. 2 (with reg. 28(2)(3))
[^key-735385d8eb2ced76b5df913a80862a50]: Words in Sch. inserted (26.5.2008) by The Consumer Protection from Unfair Trading Regulations 2008 (S.I. 2008/1277), reg. 1, Sch. 2 para. 83(4) (with reg. 28(2)(3))
[^key-1097eeb1ebeb549f4cffa06749fb9178]: Words in Sch. omitted (26.5.2008) by virtue of The Consumer Protection from Unfair Trading Regulations 2008 (S.I. 2008/1277), reg. 1, Sch. 2 para. 83(5)(a), Sch. 4 Pt. 2 (with reg. 28(2)(3))
[^key-4d19547b189cb72c5ab8573c4aae6304]: Words in Sch. omitted (26.5.2008) by virtue of The Consumer Protection from Unfair Trading Regulations 2008 (S.I. 2008/1277), reg. 1, Sch. 2 para. 83(5)(b), Sch. 4 Pt. 2 (with reg. 28(2)(3))
[^key-f0f4261030c20d6e4eb110d6d5ae0744]: Words in Sch. omitted (1.10.2013) by virtue of The Property Misdescriptions Act 1991 (Repeal) Order 2013 (S.I. 2013/1575), art. 1, Sch. para. 17
[^key-ef768ec33396d0d9d85d9bab741dbc05]: Words in Sch. omitted (26.7.2013 for specified purposes, 1.4.2014 in so far as not already in force) by virtue of The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No.2) Order 2013 (S.I. 2013/1881), art. 1(2)(6), Sch. para. 18
[^key-b22a05bd16365317695c7fc2b607084e]: Words in Sch. inserted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 228 (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)
[^key-91a103672fea3b513a8970facd591e29]: Words in Sch. substituted (6.4.2025) by The Digital Markets, Competition and Consumers Act 2024 (Consequential Amendments) Regulations 2025 (S.I. 2025/381), reg. 1(2), Sch. para. 23
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