Territorial Extent and Territorial Application Northern Ireland Estate agents’ duties Section 53: Membership of redress schemes
147.Section 53 introduces Schedule 6 which amends the Estate Agents Act 1979 (c.38) to enable the Secretary of State, by order, to require persons engaged in estate agency work to join a redress scheme dealing with complaints from buyers and sellers of residential property. In addition, the section amends section 3 of the 1979 Act by adding engaging in estate agency work when in breach of the duty imposed by such an order to the list of grounds on which the OFT may determine whether a person is unfit to carry on estate agency work.
148.This section also repeals sections 172 to 174 of the Housing Act 2004 (c.34) (which give the Secretary of State the power to require estate agents to belong to a redress scheme in relation to complaints regarding Home Information Packs ). The intention is to bring the repeal of sections 172 to 174 into force when an order made under the Estate Agents Act 1979 (as amended by Schedule 6) comes into force.