Commentary on provisions of Act Section 21: Enforcement of client money protection schemes for property agents
This section amends the Housing and Planning Act 2016. Subsection (2) amends section 134 of the Housing and Planning Act 2016 to provide that regulations under this clause may confer a discretion on the Secretary of State in connection with the approval or designation of a client money protection scheme, the conditions which must be complied with by the administrator of such a scheme, the amendment of such a scheme or the withdrawal of approval or revocation of designation of such a scheme. This amendment would not give the Secretary of State any additional powers but would provide clarification on those already in the Housing and Planning Act 2016.
	Subsection (3) amends section 135 of the Housing and Planning Act 2016 to specify enforcement of the requirement on property agents in the private rented sector to belong to a client money protection scheme will be undertaken by local weights and measures authorities. This has the effect of moving client money protection enforcement from district council to county council level (in non-unitary authorities).