Legislation Flashcards
Estate Agents Act 1979
- Make Estate Agents work in their client’s best interests and ensure sellers are treated fairly, promptly and honestly
- 6 principles
- S18 - What to agree in writing beforehand - TofE, Fees, Agency basis, Scope of work
- S21 - Declare personal interest before acting
Consumer Protection from Unfair Trading Regulations 2008
Business Protection from Misleading Marketing Regulations 2008
- CPR - Act fairly, provide accurate information, avoid unfair, misleading or aggressive practices
- BPR - Prohibits misleading business to business advertising, imposes restrictions on how businesses can compare products to their rivals’
Misrepresentation Act 1967
- Ensures parties have an option to pursue in contract law or law of tort if misrepresentation causes loss
- Contracts can be voided
- Can be negligent, fraudulent or innocent
Unfair Contract Terms 1977
- Imposes limits on extent of which contractual provisions like ‘exclusion clauses’ can be used to avoid liability
Town and Country Planning Act 1990 (as amended 2020)
- Amended in 2020
- Introduced new Use Class E: Commercial, Business and Service (A1, A2, A3, B1, B2, D1 and D2)
- A4, A5 and D2 -> Sui-Generis
- Laws on marketing boards - no more than 2 sq m (2.3 sq m if v-board), no more than 1m projecting from the property, must remove within 14 days of completion
Charities Act 2022
- Charities no longer need a report from a Chartered Surveyor to provide a S117 report - this can now be done internally
Health and Safety at Work etc Act 1974
- Provide a safe workplace, safe equipment, staff training, risk assessments, proper facilities and a competent person to oversee
- Responsbility to employees and members of the public
Control of Asbestos Regulations 2012
- The duty holder has a statutory duty to manage the risk of asbestos by identifying any asbestos containing material present in a building. If any is found, location and condition must be recorded
- Non compliance is an offence
Construction (Design & Management) Regulations 2015
- Improve H&S in construction
- Criminal offence to breach
- duty held by client, principal designer and principal contractor
The Regulatory Reform (Fire Safety) Order 2005
- Responsible person must adopt a self-assessment approach to fire safety
- Must keep a good record of risk assessment, fire policy and procedure
- Reasonable fire precautions required
Fire Safety Act 2021
- Extends requirements to structure and external walls of multi-occupancy residential buildings (cladding etc) so the responsible person must now ensure these are kept safe via an EWS1 Form
Equality Act 2010
- 9 protected characteristics - gender, sexual orientation, disability, gender reassignment, age, race, religion, marriage, pregnancy
*Disabled persons should not face barriers to access premises
Minimum Energy Efficiency Standards 2015
- Proposed minimum ratings
- Fine up to £150,000 for failure to comply
Bribery Act 2010
- Do not give or take bribes, bribe an official or fail to prevent bribes
- Have adequate measures in place against bribery - Proportionality, Top-level commitment, Risk assessment, Due Diligence, Communication, Monitor and review
Sanctions and Anti-Money Laundering Act 2018
- Enable UK to create its own sanctions framework whereby it can issue its own sanctions - prevent terrorist acts, interests of national security, discourage human rights abuse
- Make provision for the purposes of detection, investigation and prevention of money laundering and terrorist financing - identify and asses risks relating to ML, have policies, controls and procedures in place, take prescribed measures concerning their customers
Money Laundering & Terrorist Financing Regulations 2017
- Changed the approach to customer due diligence
- Seek to prevent new means of terrorist financing, including e-money and prepaid cards
- Improve transparency of beneficial ownership of companies and trusts
- Effectively enforcing sanctions
Proceeds of Crime Act 2002
*Relates to recovery and confiscation of proceeds made from money laundering and criminal activities
Data Protection Act 2018
- 3 principles - Fair, Lawful and Transparent
- Purpose Limitation, Data minimisation, Accuracy, Data retention, Data security, Accountability
- Data Controller - Someone who determines the purposes for which and the way in which personal data is processed
- Data Processor - Anyone who processes personal data on behalf of the data controller (excluding data controller’s employees)
GDPR
*EU law with mandatory rules for how organisations and companies must use personal data in an integrity friendly way
Freedom of Information Act 2000
*Provides a general right of access to all types of recorded information held by most UK public authorities
