Moved by
Baroness Hayter of Kentish Town
99C: After Clause 121, insert the following new Clause—
“Client money protection schemes: approval or designation
(1) The Secretary of State may by regulations make provision about the approval or designation of client money protection schemes for the purposes of regulations under section (Power to require property agents to join client money protection schemes).
(2) The regulations may, in particular, make provision about—
(a) the making of applications for approval;
(b) conditions which must be satisfied before approval may be given or a scheme may be designated;
(c) conditions which must be complied with by administrators of approved or designated client money protection schemes (including conditions requiring the issue of certificates for the purposes of regulations under section (Power to require property agents to join client money protection schemes)(3) and about the form of those certificates);
(d) the withdrawal of approval or revocation of a designation.”
99D: After Clause 121, insert the following new Clause—
“Enforcement of client money protection scheme regulations
(1) The Secretary of State may by regulations make provision about the enforcement of a duty imposed by regulations under section (Power to require property agents to join client money protection schemes).
(2) The regulations may—
(a) confer functions on a local authority in England;
(b) require a property agent who fails to comply with a duty imposed by regulations under (Power to require property agents to join client money protection schemes) to pay a financial penalty (or more than one penalty in the event of a continuing failure).
(3) The provision that may be made under subsection (2)(a) includes provision requiring a local authority in England, when carrying out functions under the regulations, to have regard to guidance given by the Secretary of State.
(4) The provision that may be made under subsection (2)(b) includes provision—
(a) about the procedure to be followed in imposing penalties;
(b) about the amount of penalties;
(c) conferring rights of appeal against penalties;
(d) for the enforcement of penalties;
(e) authorising a local authority in England to use sums paid by way of penalties for the purposes of any of its functions.
(5) In this section “local authority in England” means—
(a) a district council,
(b) a county council for an area for which there is no district council,
(c) a London borough council,
(d) the Common Council of the City of London, or
(e) the Council of the Isles of Scilly.”