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The Secretary of State for Trade and Industry has a quasi-judicial role in relation to appeals under the Estate Agents Act.
Such appeals can be brought against decisions of the Office of Fair Trading (OFT) that a person should be prohibited from
estate agency work.
Appeals to the Secretary of State are heard on his behalf by a panel of independent persons appointed by the Secretary of
State for that purpose. Both the OFT and the appellant can argue their case before the panel which then makes a report to
the Secretary of State. The report includes the recommendations of the panel on whether the appeal should be allowed or dismissed.
It is the Secretary of State’s policy that he will;
• save in exceptional cases, follow the recommendations of the panel.
• not depart from the panel’s recommendations without first having invited the parties to make representations.
Exceptional cases would include where the Secretary of State considers that the panel is wrong in law or where new evidence
comes to light after the hearing including evidence that the panel was misled.
Please see our Estate Agents Act Appeal Process Guide for further information. A copy of this guide is sent by the OFT to
those who can appeal.
The majority of our hearings are open to the public and notices giving the time and place of the hearing are published in
newspapers local to the appellant. When an appeal is concluded, the outcome is also usually published in a local newspaper.
Recent and forthcoming public hearings and the outcome of public appeal hearings within the last six months are also listed
on our web pages (follow links in the menu on the left).
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