Legislation Flashcards

1
Q

Estate Agents Act 1979

A
  • 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
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2
Q

Consumer Protection from Unfair Trading Regulations 2008

Business Protection from Misleading Marketing Regulations 2008

A
  • 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’
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3
Q

Misrepresentation Act 1967

A
  • 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
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4
Q

Unfair Contract Terms 1977

A
  • Imposes limits on extent of which contractual provisions like ‘exclusion clauses’ can be used to avoid liability
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5
Q

Town and Country Planning Act 1990 (as amended 2020)

A
  • 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
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6
Q

Charities Act 2022

A
  • Charities no longer need a report from a Chartered Surveyor to provide a S117 report - this can now be done internally
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7
Q

Health and Safety at Work etc Act 1974

A
  • 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
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8
Q

Control of Asbestos Regulations 2012

A
  • 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
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9
Q

Construction (Design & Management) Regulations 2015

A
  • Improve H&S in construction
  • Criminal offence to breach
  • duty held by client, principal designer and principal contractor
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10
Q

The Regulatory Reform (Fire Safety) Order 2005

A
  • 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
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11
Q

Fire Safety Act 2021

A
  • 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
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12
Q

Equality Act 2010

A
  • 9 protected characteristics - gender, sexual orientation, disability, gender reassignment, age, race, religion, marriage, pregnancy

*Disabled persons should not face barriers to access premises

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13
Q

Minimum Energy Efficiency Standards 2015

A
  • Proposed minimum ratings
  • Fine up to £150,000 for failure to comply
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14
Q

Bribery Act 2010

A
  • 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
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15
Q

Sanctions and Anti-Money Laundering Act 2018

A
  • 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
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16
Q

Proceeds of Crime Act 2002

A

*Relates to recovery and confiscation of proceeds made from money laundering and criminal activities

17
Q

Data Protection Act 2018

A
  • 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)
18
Q

GDPR

A

*EU law with mandatory rules for how organisations and companies must use personal data in an integrity friendly way

19
Q

Freedom of Information Act 2000

A

*Provides a general right of access to all types of recorded information held by most UK public authorities

20
Q

Money Laundering & Terrorist Financing Regulations 2017

A
  • 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