Fifty-second Regional Committee for Europe: Copenhagen, 16–19 September 2002: full report on the external evaluation of the WHO Regional Office’s health care reform programmes
In this Act—
Except where this Act otherwise provides, a reference in this Act to a consumer advocacy body is a reference to—
Citizens Advice,
Citizens Advice Scotland,
Consumer Scotland, or
the GCCNI.
Except where this Act otherwise provides—
a function conferred on Citizens Advice, Citizens Advice Scotland or Consumer Scotland by or under this Act may be carried out by that body jointly with one or both of the other bodies, and
each of those bodies may carry out on behalf of another of those bodies a function that is conferred on that other body by or under this Act, with the agreement of that other body.
A function conferred on the GCCNI by this Act may be exercised by the GCCNI only in relation to consumer matters that relate to postal services in Northern Ireland.
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The territorial committees may exercise, on behalf of the Council, the following functions—
in the case of the Scottish Consumer Council, the Council’s functions under sections 8 to 17, 19 and 21 to 26, so far as they are exercisable in relation to Scotland;
in the case of the Welsh Consumer Council, the Council’s functions under those sections, so far as they are exercisable in relation to Wales;
in the case of the Northern Ireland Postal Services Committee—
the Council’s functions under sections 8 to 12, 15 to 17, 19, 21 and 23 to 26 so far as they are exercisable in relation to Northern Ireland, and
the Council’s functions under section 22 so far as they are exercisable in relation to consumer matters which relate to relevant postal services in relation to Northern Ireland.
For the purpose of facilitating or improving co-ordination in relation to the carrying out of its functions, the Council may from time to time—
impose restrictions or conditions on the exercise by a territorial committee of a function by virtue of subsection (1);
give a territorial committee general or specific directions relating to the exercise of a function by virtue of that subsection.
Nothing in subsection (1) prevents the Council from exercising any of its functions referred to in that subsection.
A territorial committee also has the following purposes—
the provision of advice and information to the Council about consumer matters affecting the area for which the committee is established,
the provision of advice to the Council about the exercise of the Council’s functions in so far as they affect that area, and
such other purposes as the Council may determine (including the exercise of any functions delegated to the committee under paragraph 23 of Schedule 1).
In this Part “consumer” and “consumer matters” have the meaning given by this section.
“Consumer” means—
a person who purchases, uses or receives, in Great Britain, goods or services which are supplied in the course of a business carried on by the person supplying or seeking to supply them, or
a person who purchases, uses or receives postal services in Northern Ireland.
“Consumer” includes both an existing consumer and a future consumer.
For the purposes of subsection (2)—
a person who uses services includes, in relation to postal services, an addressee;
“goods” includes land or an interest in land;
“business” includes a profession and the activities of any government department, local or public authority or other public body.
“Consumer matters” means—
the interests of consumers, and
any matter connected with those interests.
In this Part “designated consumers” means—
consumers in relation to gas conveyed through pipes or electricity conveyed by distribution systems or transmission systems, and
consumers in relation to postal services.
The Secretary of State may, by order, amend subsection (1) so as—
to make any description of consumers within subsection (3) “designated consumers” for the purposes of this Part;
to provide for any description of consumers to cease to be “designated consumers” for those purposes.
The consumers within this subsection are consumers in England and Wales in relation to services provided by a water undertaker, a sewerage undertaker , a water supply licensee or a sewerage licensee, in the undertaker's or licensee's capacity as such.
Before making an order under subsection (2), the Secretary of State must consult—
except in the case of an order which relates only to consumers in Northern Ireland, Citizens Advice,
in the case of a relevant order other than one relating only to consumers in Northern Ireland or consumers within subsection (3), Citizens Advice Scotland and Consumer Scotland,
in the case of a relevant order, the Scottish Ministers,
in the case of an order which relates to consumers in Northern Ireland in relation to postal services, the GCCNI,
the Welsh Ministers, and
such other persons as the Secretary of State considers appropriate.
For this purpose a “relevant order” is an order which relates to any description of—
consumers in relation to gas conveyed through pipes or electricity conveyed by distribution systems or transmission systems, or
consumers in relation to postal services.
The GCCNI must before each programme year publish a document (the “forward work programme”) containing—
a statement of any priorities of the GCCNI for the year in relation to designated consumers generally or any description of designated consumers;
a general description of the main activities (including any projects) which it plans to undertake during the year in relation to designated consumers generally or any description of designated consumers;
a statement of any other priorities of the GCCNI for the year;
a general description of any other projects which it plans to undertake during the year (other than those comprising routine activities in the exercise of its functions).
The description of a project under subsection (1)(b) or (d) must include the objectives of the project.
The forward work programme for any year must also include—
an estimate of the overall expenditure which the GCCNI expects to incur during the year in the exercise of its functions, and
an estimate of the expenditure (if any) which the GCCNI expects to incur during the year in the exercise of its functions in relation to designated consumers.
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consumers in relation to gas conveyed through pipes or electricity conveyed by distribution systems or transmission systems;
consumers in relation to relevant postal services;
consumers who are designated consumers by virtue of an order under section 4(2)(a).
In preparing a draft of the forward work programme for any year, the GCCNI must consult—
Citizens Advice, and
Consumer Scotland.
Before publishing the forward work programme for any year, the GCCNI must publish a notice— and must consider any representations which are duly made and not withdrawn.
containing a draft of the forward work programme, and
specifying the period within which representations about the proposals contained in it may be made,
The notice under subsection (5) must be published by the GCCNI in such manner as it considers appropriate for the purpose of bringing the matters contained in the notice to the attention of persons likely to have an interest in them.
The GCCNI must send a copy of any notice given by it under subsection (5) to—
the Secretary of State,
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the Office of Fair Trading, and
any regulatory body which the GCCNI considers might have an interest in the content of the notice.
References in this section to “designated consumers” are references to designated consumers who are consumers in relation to postal services in Northern Ireland.
In this section “programme year” means—
the period beginning on 1st April 2014 and ending with the next following 31st March, and
each successive period of 12 months.
In exercising its functions the GCCNI must comply with the requirements of this section.
The GCCNI must have regard to the forward work programme published under section 5.
The GCCNI must have regard to the interests of consumers in different areas.
The GCCNI must have regard to the interests of consumers that are one or more of the following—
disabled or chronically sick individuals;
individuals of pensionable age;
individuals with low incomes;
individuals residing in rural areas.
But nothing in subsection (4) is to be taken as implying that regard may not be had to the interests of other descriptions of consumers.
The GCCNI must have regard to the need to use its resources in the most efficient and economic way.
In discharging the duty imposed by subsection (6), the GCCNI must take account of the existence of any other public bodies with the same functions as, or similar functions to, those of the GCCNI and the activities carried on by such bodies.
The GCCNI must exercise its functions in the manner which it considers is best calculated to contribute to the achievement of sustainable development.
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A person is of pensionable age for the purposes of this section if—
the person has attained pensionable age (within the meaning given by the rules in paragraph 1 of Schedule 4 to the Pensions Act 1995 (c. 26)), or
in the case of a man born before 6 December 1953, he is the same age as a woman who has attained pensionable age (within the meaning so given).
Subject to section 13 (investigation of complaints relating to the disconnection of gas or electricity), nothing in this Part imposes on a consumer advocacy body a duty to exercise any of its functions on behalf of or at the request of a particular consumer.
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The Council must prepare a report for each financial year on its activities during the year (“the annual report”).
The annual report must—
contain a report on the progress of the projects described in the Council’s forward work programme for that year published under section 5,
contain details of any activities undertaken in that year under section 22 (voluntary activities), and
deal with such other matters as the Secretary of State may from time to time direct.
As soon as reasonably practicable after the end of each financial year, the Council must send a copy of the annual report prepared for that year to—
the Secretary of State,
the Scottish Ministers, and
the Welsh Ministers.
The Secretary of State must lay a copy of the annual report before Parliament.
The Council must arrange for the annual report to be published.
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The GCCNI may—
provide advice and information to persons within subsection (2) about consumer matters,
make proposals to such persons about consumer matters, and
represent the views of consumers on consumer matters to such persons.
Those persons are—
any Minister of the Crown or government department;
the Scottish Ministers;
the Welsh Ministers;
any regulatory body established by or under an enactment;
the European Commission or any other international organisation;
any other person whom the GCCNI considers might have an interest in the matter in question.
In this section “ enactment ” means— whenever passed or made.
an Act of Parliament,
an Act of the Scottish Parliament,
a Measure or Act of the National Assembly for Wales, or
Northern Ireland legislation,
The GCCNI may obtain and keep under review—
information about consumer matters,
information about the views of consumers on consumer matters, and
information of such other description as may be prescribed by the Secretary of State by order.
The GCCNI may facilitate the dissemination to consumers of advice and information—
about the GCCNI and its functions,
about consumer matters, and
about such other matters as may be prescribed by the Secretary of State by order.
In exercising the power conferred by subsection (1) the GCCNI may (among other things)—
publish or otherwise make available information in any manner the GCCNI thinks appropriate for the purpose of bringing it to the attention of those likely to be interested;
support (financially or otherwise), facilitate or co-ordinate the activities of other persons.
The GCCNI may investigate—
a complaint made by or on behalf of a consumer which appears to the GCCNI to raise one or more issues of general relevance concerning consumer matters that relate to postal services in Northern Ireland.
any matter which appears to the GCCNI to be, or to be related to, a problem which affects or may affect consumers of postal services in Northern Ireland.
For this purpose, a complaint raises an issue of general relevance if it raises—
a novel issue which affects or may affect consumers generally or consumers of a particular description, or
any other issue which has or may have an important effect on consumers generally or consumers of a particular description.
Subsection (3) applies to a complaint which is made—
by or on behalf of a vulnerable person in that person's capacity as a designated consumer (“the designated consumer”),
against a person (“ the supplier ”) who in the course of a business carried on by the supplier supplies or seeks to supply, or refuses to supply, goods or services to the designated consumer, and
in respect of a matter connected with the supply of goods or services by the supplier to the designated consumer or a refusal by the supplier to supply goods or services to the designated consumer.
For this purpose a person is “vulnerable” if the consumer advocacy body to which the complaint is referred is satisfied that it is not reasonable to expect that person to pursue the complaint on that person's own behalf.
Where a complaint to which this subsection applies is referred to a consumer advocacy body by or on behalf of the designated consumer, that consumer advocacy body may investigate the complaint for the purpose of determining whether it is appropriate to take any action under subsection (4).
Where it appears to a consumer advocacy body to be appropriate to do so with a view to assisting in reaching a satisfactory resolution of a complaint referred to it under this section, that consumer advocacy body may—
provide advice to the designated consumer or, if the complaint was made by another person on the designated consumer's behalf, that person;
make representations on behalf of the designated consumer to the supplier about anything to which the complaint relates.
Where a complaint is referred to Citizens Advice, Citizens Advice Scotland or Consumer Scotland, that body may agree with another of those bodies that the complaint is to be treated as having been referred to that other body.
If two of those bodies so agree in a particular case, subsections (3) and (4) and sections 14(2) to (4) and 15(1) are to have effect accordingly.
This section applies to—
a complaint by a gas consumer against a gas transporter, in respect of the disconnection of, or a threat to disconnect, the consumer's premises by the gas transporter;
a complaint by a gas consumer against a gas transporter, following such a disconnection, in respect of a refusal by the gas transporter to reconnect the premises;
a complaint by a gas consumer against a gas supplier, in respect of the cutting off of, or a threat to cut off, a supply of gas to the consumer's premises by the gas supplier;
a complaint by a gas consumer against a gas supplier, following such a cutting off, in respect of a refusal by the gas supplier to restore the supply to the premises;
a complaint by a gas consumer against a gas supplier, in respect of the failure of a prepayment system;
a complaint by an electricity consumer against an electricity supplier, an electricity distributor or a transmission licence holder, in respect of the disconnection of, or a threat to disconnect, the consumer's premises by the electricity supplier, electricity distributor or licence holder;
a complaint by an electricity consumer against an electricity supplier, electricity distributor or transmission licence holder, following such a disconnection by the supplier, distributor or licence holder, in respect of a refusal by the supplier, distributor or licence holder to reconnect the premises;
a complaint by an electricity consumer against an electricity supplier, in respect of the failure of a prepayment system.
Where a complaint to which this section applies is referred to a consumer advocacy body by or on behalf of the complainant, that consumer advocacy body must investigate the complaint for the purpose of determining whether it is appropriate to take any action under subsection (3).
Where it appears to a consumer advocacy body to be appropriate to do so with a view to assisting in reaching a satisfactory resolution of a complaint referred to it under this section, that consumer advocacy body must—
provide advice to the complainant, or
make representations on behalf of the complainant to the person against whom the complaint is made about anything to which the complaint relates.
A consumer advocacy body may refuse to investigate a complaint, or part of a complaint, if—
the complaint or part appears to the consumer advocacy body to be frivolous or vexatious;
the complaint or part falls within a class of matter which a regulatory body is under a duty (whether imposed by or under an enactment or otherwise) to investigate;
the complaint or part is being dealt with, or the consumer advocacy body is satisfied that it would be better dealt with, under an ombudsman scheme or any other redress scheme or in legal proceedings;
the consumer advocacy body considers that there has been undue delay in the making of the complaint or part, or the provision of evidence to support it;
the consumer advocacy body considers that there are other compelling reasons why it is inappropriate for the complaint or part to be investigated by the consumer advocacy body.
A consumer advocacy body may refuse to investigate a complaint until the complainant has taken such steps as appear to the consumer advocacy body to be reasonable for the purpose of giving the person against whom the complaint is made a reasonable opportunity to deal with it.
Where a complaint is referred to a consumer advocacy body, that body may agree with another consumer advocacy body that the complaint is to be treated as having been referred to that other body.
In subsection (1)—
in paragraphs (a) and (b) “ disconnection ” in relation to any premises, means disconnection from a main of a gas transporter or the discontinuation of the conveyance of gas to the premises;
in paragraphs (b), (d) and (g), the references to a gas consumer or electricity consumer are references to a person who was such a consumer at the time the disconnection of, or cutting off of the supply to, the premises occurred;
in paragraphs (e) and (h), references to the failure of a prepayment system are references to—
a failure in the facilities for payment for the supply of gas or electricity which results in a consumer with a prepayment meter being unable to make a payment for the supply of gas or electricity, or
where a payment has been made for the supply of gas or electricity through a prepayment meter, a case where the supply is not given through the prepayment meter because of a defect in the meter or in the facilities for payment.
If two consumer advocacy bodies so agree in a particular case, subsections (2) to (5) and section 14(2) to (4) are to have effect accordingly.
In this section—
“regulated electricity provider” means a person holding a licence under section 6(1)(c) or (d) of the Electricity Act 1989 (c. 29);
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is to hold and vacate office in accordance with the terms and conditions of the member’s appointment, and
may resign or be removed from office in accordance with those terms and conditions.
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If, after the day appointed by a transfer scheme, the transferor and the Council so agree in writing, the scheme shall for all purposes be deemed to have come into force on that day with such modifications as may be agreed. An agreement under this paragraph may, in connection with giving effect to modifications to the scheme, include supplementary, incidental, transitional and consequential provision.
For the purposes of the Taxation of Chargeable Gains Act 1992 (c. 12), a transfer of an asset by a transfer scheme is to be treated as a disposal of that asset to the Council for a consideration of such amount as would secure that, on the disposal, neither a gain nor a loss accrues to the transferor.
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for “the Council”, in the first place, substitute “the Consumer Council for Postal Services”, and
omit “or of the Secretary of State in relation to the establishment of the Council”.
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a non-executive member ceases to be a member otherwise than on the expiry of the member’s term of office, and
it appears to the Secretary of State that there are circumstances which make it right for that person to receive compensation,
an Act of Parliament,
the Postal Services Act 2011;
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In section 25 of the Electricity Act 1989 (orders for securing compliance), in subsection (8), in the definition of “relevant requirement” for “or section 27(4)(b) of the Utilities Act 2000 (order to comply with a direction under section 24 of that Act)” substitute “ or section 25(5) of the Consumers, Estate Agents and Redress Act 2007 (directions to comply with requirements under section 24 of that Act) ”.
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Northern Ireland legislation,
“ enforcement function ”, in relation to the Authority, means any of its functions under section 28 or 30A of the Gas Act 1986 or section 25 or 27A of the Electricity Act 1989.
This paragraph applies to— The functions of the Gas and Electricity Consumer Council under section 32 or 33 of the Gas Act 1986 are exercisable by the Council in relation to the complaint or matter, but as if in section 32(8) of that Act the reference to the Utilities Act 2000 (c. 27) or the Gas Act 1986 included a reference to this Act and to Part 9 of the Enterprise Act 2002 (c. 40). Sub-paragraph (2) applies— “The appointed day” is the day on which section 30(1) comes into force.
After the abolition of the Consumer Council for Postal Services under section 30(2), any duty of the Consumer Council for Postal Services to make an annual report, in relation to any financial year for which such a report has not been made, is to be discharged by the Council. The period between the abolition of the Consumer Council for Postal Services and the end of the preceding financial year (if less than 12 months) is to be treated as the financial year for which the last annual report is required. If that period is 9 months or longer the Council must make the last annual report as soon as practicable after the end of that period. If that period is shorter than 9 months the last annual report must be made no later than the first report of the Council under section 7. In this paragraph—
In section 3 of the Estate Agents Act 1979 (prohibition orders), in subsection (3) for “paragraphs (c) and (d)” substitute “paragraphs (ba) to (d)”.
This paragraph applies to— The functions of the Gas and Electricity Consumer Council under section 46 or 46A of the Electricity Act 1989 are exercisable by the Council in relation to the complaint or matter, but as if in section 46(8) of that Act the reference to the Utilities Act 2000 or the Electricity Act 1989 included a reference to this Act and Part 9 of the Enterprise Act 2002. Sub-paragraph (2) applies— “The appointed day” is the day on which section 30(1) comes into force.
In section 6 of that Act (revocation and variation of orders)—
in subsection (4) in paragraph (b), for the words from “again fail to comply” to the end of the paragraph substitute “engage in further conduct as mentioned in subsection (1A)(b) or (1B)(b) of that section or engage again in the practice specified in the order, as the case may be.”; and
omit subsection (7).
In section 30(2) of that Act (orders and regulations to which duty to consult applies), after “19” insert “, 21A”.
“water supply licensee” means a person holding a water supply licence under Chapter 1A of Part 2 of the Water Industry Act 1991.
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So far as it relates to corporation tax, this Schedule is to be construed as one with the Corporation Tax Acts.
The Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246) apply to a transfer which relates to rights or liabilities under a contract of employment whether or not the transfer would, apart from this paragraph, be a relevant transfer for the purposes of those regulations.
In section 2 (strategy relating to fuel poverty) in subsection (4)(c) for “Gas and Electricity Consumer Council” substitute “National Consumer Council”.
Where an employee of the transferor becomes an employee of the Council by virtue of a transfer scheme—
a period of employment with the transferor is to be treated as a period of employment with the Council, and
the transfer to the Council is not to be treated as a break in service.
“redress scheme” means a scheme under which consumer complaints may be made to, and investigated and determined by, an independent person (“the independent person”);
“relevant regulator”, in relation to a regulated provider, means the body specified in the corresponding entry in column 3 of the table. Regulated provider Relevant consumer Relevant regulator A person holding a licence under section 7A(1) of the Gas Act 1986 (c. 44) (supply licences). A person who is a consumer in relation to gas supplied by a gas supplier (within the meaning of Part 1 of that Act). The Gas and Electricity Markets Authority. A person holding a licence under section 7(2) of the Gas Act 1986 (transportation licences). A person (other than a gas licensee) who is a consumer in relation to services provided by a gas transporter (within the meaning of Part 1 of that Act). The Gas and Electricity Markets Authority. A person holding a licence under section 6(1)(d) of the Electricity Act 1989 (c. 29) (supply licences). A person who is a consumer in relation to electricity supplied by an electricity supplier (within the meaning of Part 1 of that Act). The Gas and Electricity Markets Authority. A person holding a licence under section 6(1)(c) of the Electricity Act 1989 (distribution licences). A person (other than an electricity licensee) who is a consumer in relation to services provided by an electricity distributor (within the meaning of Part 1 of that Act). The Gas and Electricity Markets Authority. A person holding a licence under Part 2 of the Postal Services Act 2000 (c. 26). A person who is a consumer in relation to relevant postal services (within the meaning of section 41). The Postal Services Commission. A water undertaker, sewerage undertaker or licensed water supplier. A person who is a consumer in relation to services provided by a water undertaker, sewerage undertaker or licensed water supplier in its capacity as such. The Water Services Regulation Authority.
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This paragraph applies to any matter which, immediately before the appointed day, is under investigation by the Consumer Council for Postal Services under— The functions of the Consumer Council for Postal Services under section 56 or 57 of the Postal Services Act 2000 are exercisable by the Council in relation to the matter, and any agreement between the Consumer Council for Postal Services and the Commission under section 56(3) of that Act has effect as if agreed between the Council and the Commission. Sub-paragraph (2) applies— “The appointed day” is the day on which section 30(2) comes into force.
The property, rights and liabilities that may be transferred by a transfer scheme include property, rights and liabilities that would not otherwise be capable of being transferred or assigned. The transfers authorised by sub-paragraph (1) include transfers of interests and rights that are to take effect in accordance with the scheme as if there were— as there would otherwise be by reason of a provision within sub-paragraph (3). A provision is within this sub-paragraph to the extent that it has effect (whether under an enactment or agreement or otherwise) in relation to the terms on which the transferor is entitled or subject to anything to which the transfer relates.
A transfer scheme may define the property, rights and liabilities to be transferred by specifying them or describing them.
A transfer scheme may contain supplementary, incidental, transitional and consequential provision.
In this section, a reference to a consumer advocacy body does not include a reference to the GCCNI.
In this section references to a complaint are to a complaint within section 11(1)(a) or to which section 12(3) or 13 applies.
Where it appears to the consumer advocacy body in question that a complaint relates to a matter in respect of which any of the Authority's enforcement functions may be exercisable, that body must refer the complaint to the Authority unless it is satisfied that the Authority is already aware of the matter.
Where a complaint to which section 13 applies is referred to the Authority under subsection (2), the consumer advocacy body in question is not required to investigate the complaint under subsection (2) of that section until the Authority has had a reasonable opportunity to exercise its enforcement functions in relation to the matter to which the complaint relates.
On investigating a complaint, the consumer advocacy body in question must inform the complainant if it considers that the complaint relates to a matter of a kind which can be referred by the complainant to the Authority under any provision of the Gas Act 1986 (c. 44) or the Electricity Act 1989 (c. 29).
In this section, a reference to a consumer advocacy body does not include a reference to the GCCNI.
In this section—
“modify” has the same meaning as in Part 1.
“ authorised person ” has the same meaning as in section 27;
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“regulated gas provider” means a person holding a licence under section 7(2) or 7A(1) of the Gas Act 1986 (c. 44).
A consumer advocacy body must refer any complaint within section 11(1)(a), or to which section 12(3) applies, to the Office of Communications (“OFCOM”) if that consumer advocacy body considers that—
the subject matter of the complaint indicates that a regulatory condition imposed under Part 3 of the Postal Services Act 2011 has been contravened,
the subject matter of the complaint is a referable matter, or
it is appropriate to do so.
The consumer advocacy bodies and OFCOM must, from time to time, agree the descriptions of matters which are to be referred to OFCOM and, for the purposes of subsection (1)(b), a matter is a “referable matter” if it is of a description for the time being so agreed.
Without prejudice to the generality of section 11—
Citizens Advice , Citizens Advice Scotland and Consumer Scotland may investigate any matter relating to the number and location of public post offices in England, Wales and Scotland;
the GCCNI may investigate any matter relating to the number and location of public post offices in Northern Ireland.
In this section “ public post office ” has the same meaning as in the Postal Services Act 2000 (c. 26) (see section 125(1) of that Act).
The GCCNI may prepare a report in relation to any matter falling within the scope of its functions under this Act.
The GCCNI may publish any report prepared under this section.
The Secretary of State may direct the GCCNI to prepare, and submit to the Secretary of State within a specified period, a report in respect of any matter specified in the direction which relates to consumer matters which relate to postal services in Northern Ireland.
The Secretary of State may publish any report submitted under this section.
The GCCNI may issue advice or guidance to any person with a view to improving standards of service and promoting best practice in connection with the handling of complaints made by consumers or any other matter affecting the interests of consumers.
The GCCNI may publish advice or information about consumer matters if it appears to the GCCNI that its publication would promote the interests of consumers.
For this purpose “information about consumer matters” includes information about the views of consumers on consumer matters.
A consumer advocacy body must prepare, and keep under review—
guidance for energy consumers (the “energy consumer guidance”), and
a summary prepared in accordance with subsection (4) (the “concise guidance”).
The energy consumer guidance must address the matters included in any document published by the European Commission pursuant to Article 3(16) of the Electricity Directive or Article 3(12) of the Gas Directive which is in force immediately before IP completion day.
The energy consumer guidance may include any other information relating to the rights of energy consumers which the consumer advocacy body in question thinks appropriate.
The concise guidance must—
summarise any information in the energy consumer guidance which in the view of the consumer advocacy body in question is particularly relevant to the interests of energy consumers, and
state where a copy of the energy consumer guidance can be obtained.
In preparing and reviewing its energy consumer guidance and its concise guidance a consumer advocacy body must consult—
the Secretary of State,
the Gas and Electricity Markets Authority, and
any other person the consumer advocacy body in question considers appropriate.
A consumer advocacy body must publish the first version of its energy consumer guidance and its concise guidance on its website.
If, following a review, a consumer advocacy body considers it necessary to amend its energy consumer guidance and its concise guidance, the consumer advocacy body must, as soon as is reasonably practicable—
publish the amended version on its website, and
inform any person it consulted in accordance with subsection (5) that it has done so.
A consumer advocacy body may also make the first and any amended version of its energy consumer guidance and its concise guidance available in any other manner the consumer advocacy body thinks appropriate for the purpose of bringing that guidance to the attention of those likely to be interested.
Until a consumer advocacy body has published the first version of its energy consumer guidance and its concise guidance, it must— the last version of the energy consumer guidance and the concise guidance to be published by the National Consumer Council under this section (as it had effect immediately before the amendments made to this Act by the Public Bodies (Abolition of the National Consumer Council and Transfer of the Office of Fair Trading’s Functions in relation to Estate Agents etc) Order 2014 (S.I. 2014/…) came into force.
publish on its website, and
make available in any other manner that it thinks appropriate for the purpose of bringing them to the attention of those likely to be interested,
Nothing in this section prevents a consumer advocacy body from publishing its energy consumer guidance or its concise summary in a document that includes the energy consumer guidance or, as the case may be, the concise summary of another consumer advocacy body.
In this section, a reference to a consumer advocacy body does not include a reference to Citizens Advice Scotland or the GCCNI.
In this section—
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It is the duty of the Council and each designated body to enter into co-operation arrangements under this section.
In this section—
“modify” has the same meaning as in Part 1.
an Act of the Scottish Parliament,
The Postal Services Act 2000 is amended as follows.
In the Criminal Justice and Police Act 2001 —
in section 66 (general interpretation of Part 2), in subsection (4)(e) for “section 11(1) of the Estate Agents Act 1979” substitute “section 11(1) to (1C) of the Estate Agents Act 1979”, and
in Part 1 of Schedule 1 (powers of seizure to which section 50 applies), in paragraph 24 for “section 11(1)(c) of the Estate Agents Act 1979” substitute “section 11(1B) of the Estate Agents Act 1979”.
The Electricity Act 1989 is amended as follows.
In section 44 (review and information), in subsection (5) for “section 58(1)” substitute “section 24(1) of the Consumers, Estate Agents and Redress Act 2007”.
In section 3B (guidance on social and environmental matters), for subsection (3)(b) substitute—.
In section 61 (forward work programme)—
in subsection (1) omit—
“and the Council”, and
“each” (in the second place),
in subsection (2)(b) omit “or the Council”,
in subsection (3) omit “or the Council”, and
in subsection (5)—
in paragraph (a) omit “or (as the case may be) the Commission”, and
in paragraph (b) omit “or (as the case may be) the Council”.
In section 25 (orders for securing compliance), in subsection (6) for first “and” substitute “or”.
In section 126 (index of defined expressions), in the entry for “The Council”, in the second column for “Section 2(1)” substitute “Section 125(1)”.
Schedule 7 (disclosure of information) is amended as follows. In paragraph 1, after sub-paragraph (1)(b) insert, and In paragraph 3— In paragraph 5(1)—
In Schedule 8 (amendments of enactments), in paragraph 10 for “that Schedule to that Act” substitute “Schedule 2 to the Parliamentary Commissioner Act 1967”.
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The co-operation arrangements must set out—
in the case of the Financial Services Consumer Panel, the procedure for consulting and making nominations for the purposes of paragraph 1(4)(a) of Schedule 1 to this Act and section 10(5A) of the Financial Services and Markets Act 2000 (c. 8);
in the case of the OFCOM Consumer Panel, the procedure for consulting and making nominations for the purposes of paragraph 1(4)(b) of Schedule 1 to this Act and section 17(4A) of the Communications Act 2003.
As soon as practicable after agreement is reached between the Council and a designated body on co-operation arrangements, the Council and the body must prepare a memorandum setting them out and send a copy of it to the Secretary of State.
The Council and a designated body must keep under review any co-operation arrangements entered into by them under this section.
As soon as practicable after agreement is reached on any changes to co-operation arrangements, the Council and the designated body to which they relate must revise their memorandum and send a copy of the revised memorandum to the Secretary of State.
The Secretary of State must lay a copy of any document received under this section before each House of Parliament.
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The Council may provide for any person advice or assistance, including research or other services, as respects any matter in which the Council has skill, experience or expertise.
The Council may make such charges as it thinks fit in respect of anything done in exercise of its powers under this section.
The Council may spend such sums as it considers reasonable in the exploitation of commercial opportunities arising from the activities it carries on in the exercise of its functions.
The Council may—
establish one or more bodies corporate to exercise on behalf of the Council such of its functions under this section, in such circumstances, as the Council may determine;
acquire an interest in an existing body corporate with a view to it exercising on behalf of the Council such of its functions under this section, in such circumstances, as the Council may determine.
The Council may acquire an interest in a body corporate under subsection (4)(b) only with the consent of the Secretary of State.
If the Secretary of State gives such consent, the Secretary of State must publish a notice stating that consent has been given and specifying the reasons for giving consent.
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The Council may do anything (other than borrow money) which is calculated to facilitate, or is incidental or conducive to, the exercise of any of its functions.
The Council must not acquire or dispose of any interest in land, except with the approval of the Secretary of State.
Subsection (2) does not apply to an acquisition of an interest in land under a transfer scheme (within the meaning of section 35).
A consumer advocacy body may, by notice, require a person within subsection (3) to supply it with such information as is specified or described in the notice within such reasonable period as is so specified.
In the case of the GCCNI, the information specified or described in a notice under subsection (1) must be information the GCCNI requires for the purpose of exercising its functions.
In the case of Citizens Advice , Citizens Advice Scotland or Consumer Scotland, the information specified or described in a notice under subsection (1) must be information it requires—
for the purpose of exercising a function conferred on it by or under an enactment, or
for the purpose of exercising a function it has that—
is not conferred by or under an enactment, and
corresponds to a function conferred on the GCCNI under section 8, 9, 10, 11 or 19, disregarding for these purposes the limitations relating to postal services in Northern Ireland in sections 1(4) and 11(1).
The persons referred to in subsection (1) are—
the Competition and Markets Authority;
a designated regulator;
any person who supplies goods or services in the course of a business carried on by that person;
any other person specified or of a description specified by the Secretary of State by order for the purposes of this subsection.
For the purposes of subsection (2A) “enactment” means an Act, an Act of the Scottish Parliament, a measure or Act of the National Assembly for Wales or Northern Ireland legislation.
A notice under subsection (1) may specify the manner and form in which any information is to be provided.
Before giving a notice under subsection (1), or specifying the manner or form in which any information is to be provided, a consumer advocacy body must have regard to the desirability of minimising the costs, or any other detriment, to the person to whom the notice is to be given.
If a person within subsection (3)(a) or (b) fails to comply with a notice under subsection (1), the person must, if so required by the consumer advocacy body in question, give notice to that body of the reasons for the failure.
An order under subsection (3)(d) may provide either—
that subsection (6) is to apply in relation to a person specified or of a description specified by the order as it applies to a person within subsection (3)(a) or (b), or
that section 26 is to apply in relation to such a person.
A consumer advocacy body may publish any notice received under subsection (6).
In this section—
Information provided to a consumer advocacy body because of a notice under subsection (1) may be provided by that body to the other consumer advocacy bodies.
Where a regulated provider fails to comply with a notice under section 24(1), the consumer advocacy body in question may refer the failure to—
a person prescribed by the Secretary of State by order for the purposes of this section, or
if no person has been so prescribed, the relevant regulator.
Subsection (1) applies only to the extent that the notice relates to information which is held or may be obtained by the regulated provider in the person's capacity as a regulated provider.
For the purposes of this section—
“enactment” means— whenever passed or made;
Where a failure is referred under subsection (1), the designated investigator must—
consider any representations made by the consumer advocacy body or the regulated provider, and
determine whether the regulated provider is entitled to refuse to comply with the notice by virtue of provision made under section 28 (exemptions from requirements to provide information).
If the designated investigator determines that the regulated provider is not entitled to refuse to comply with the notice, the designated investigator must direct the regulated provider to comply with it.
The designated investigator must give the consumer advocacy body and the regulated provider notice of—
a determination under subsection (4)(b) and the reasons for it, and
any direction under subsection (5).
An obligation imposed by virtue of subsection (5) on a postal operator is enforceable by OFCOM under Schedule 7 to the Postal Services Act 2011 (enforcement of regulatory requirements).
An obligation imposed by virtue of subsection (5) on a water undertaker, sewerage undertaker , water supply licensee or sewerage licensee is enforceable by the Water Services Regulation Authority under section 18 of the Water Industry Act 1991 (c. 56) (orders for securing compliance).
Schedule 2 makes provision about the enforcement of obligations imposed by virtue of subsection (5) on other regulated providers.
This section applies where a person (“ the defaulter ”) refuses, or otherwise fails, to comply with a notice given to the defaulter under section 24(1) and the defaulter is—
within section 24(3)(c), or
a person in relation to whom this section applies by virtue of provision made under section 24(7)(b).
But this section does not apply in relation to a notice if, or to the extent that, section 25(1) applies in relation to the notice.
The consumer advocacy body in question may apply to the court for an order requiring the defaulter to comply with the notice or with such directions for the like purpose as may be contained in the order.
An order under this section may, in particular, provide that all the costs or expenses of and incidental to the application are to be borne—
by the defaulter, or
if officers of a company or other association are responsible for the failure to comply with the notice, by those officers.
In this section “the court”—
in relation to England and Wales or Northern Ireland, means the High Court, and
in relation to Scotland, means the Court of Session.
An authorised person may, by notice, require—
the GCCNI to supply it with such information in relation to consumer matters that relate to postal services in Northern Ireland, as is specified or described in the notice within such reasonable period as is so specified, or
Citizens Advice , Citizens Advice Scotland or Consumer Scotland to supply it with such information relating to its functions conferred by or under section 24 or any other enactment as is specified or described in the notice within such reasonable period as is so specified.
For the purpose of subsection (1)(b), “enactment” means any provision of an Act, Act of the Scottish Parliament, a Measure or Act of the National Assembly for Wales or Northern Ireland legislation.
The information specified or described in a notice under subsection (1) must be information the authorised person requires for the purpose of exercising its functions.
“ Authorised person ” means—
the Competition and Markets Authority;
a designated regulator (within the meaning of section 24(9);
any person specified or of a description specified by the Secretary of State by order.
A notice under subsection (1) may specify the manner and form in which any information is to be provided.
Before giving a notice under subsection (1) or specifying the manner or form in which any information is to be provided, an authorised person must have regard to the desirability of minimising the costs, or any other detriment, to the consumer advocacy body in question.
If a consumer advocacy body fails to comply with a notice under subsection (1), it must, if so required by the authorised person which gave that notice, give notice to the authorised person of the reasons for the failure.
An authorised person may publish any notice received by it under subsection (6).
The Secretary of State may make regulations prescribing—
descriptions of persons to whom a consumer advocacy body may not give a notice under section 24(1);
descriptions of information which a person may refuse to supply in accordance with a notice under section 24(1) or 27(1);
circumstances in which a person may refuse to comply with such a notice.
No person may be required by a notice under section 24(1) or 27(1) or a court order under section 26—
to provide any information which that person could not be compelled to supply in evidence in civil proceedings before the High Court or the Court of Session, or
to produce any document which that person could not be compelled to produce in such proceedings.
In Schedule 14 to the Enterprise Act 2002 (c. 40) (restrictions on disclosure: list of enactments under or by virtue of which information is obtained), at the appropriate place in the list insert— “ Consumers, Estate Agents and Redress Act 2007. ”
In Schedule 15 to that Act (enactments in relation to which disclosure may be made), at the appropriate place in the list insert— “ Consumers, Estate Agents and Redress Act 2007. ”
For the purposes of Part 9 of the Enterprise Act 2002 (c. 40) (information) the following information is to be regarded as “specified information” within the meaning of that Part—
information obtained by Citizens Advice , Citizens Advice Scotland or Consumer Scotland under or by virtue of Part 1 of the the Gas Act 1986 (c. 44), Part 1 of the Electricity Act 1989 (c. 29) , the Utilities Act 2000 (c. 27) or Part 8 of the Energy Act 2023 (c. 52);
information obtained by the consumer advocacy bodies under or by virtue of the Postal Services Act 2011.
Citizens Advice and Citizens Advice Scotland are to be treated as public authorities for the purposes of section 238(1) of the Enterprise Act 2002 only so far as regards functions conferred on the body in question under or by virtue of—
the enactments mentioned in subsection (3), or
this Act.
Part 9 of the Enterprise Act 2002 (which among other things restricts the disclosure of certain information) does not limit the information which may be—
made available by the GCCNI under section 8 or 10,
included in, or made public as part of, a report of the GCCNI under any provision of this Part,
published by the GCCNI under section 19(2) ...,
published or made available by Citizens Advice or Consumer Scotland under subsection (7) or (8) of section 19A,
published by an authorised person under section 27(7),
published by Citizens Advice , Citizens Advice Scotland or Consumer Scotland under section 24(8),
published by a consumer advocacy body under section 45, or
published by Citizens Advice or Citizens Advice Scotland under section 33DA of the Gas Act 1986 or section 42AA of the Electricity Act 1989.
If and so far as a relevant function is exercisable by Citizens Advice , Citizens Advice Scotland or Consumer Scotland it is to be regarded as a function of that body under this Act for the purpose of enabling that body to receive information under section 241(3) of the Enterprise Act 2002 (disclosure to facilitate the exercise of another person’s function).
Before disclosing any specified information by virtue of subsection (4) (other than by publishing it as mentioned in subsection (4)(e) or (f)), the consumer advocacy body in question or the authorised person must consult—
if the information relates to the affairs of an individual, that individual, and
if the information relates to the business of an undertaking, the person for the time being carrying on the business.
“Relevant function” means , in relation to Citizens Advice or Citizens Advice Scotland, a function that— and, in relation to Consumer Scotland, a function conferred under section 3, 4 or 5 of the Consumer Scotland Act 2020 (asp 11).
is not conferred by or under an enactment, and
corresponds to a function conferred on the GCCNI under section 8, 9, 10, 11 or 19, disregarding for these purposes the limitations relating to postal services in Northern Ireland in sections 1(4) and 11(1).
Before disclosing any specified information by virtue of subsection (4) (other than by publishing it as mentioned in subsection (4)(e) or (f)), the consumer advocacy body in question or the authorised person must also have regard to the considerations set out in subsections (2) to (4) of section 244 of the Enterprise Act 2002. For this purpose, references to “the authority” in those subsections are to be read as references to the consumer advocacy body in question or the the authorised person, as appropriate.
In this section—
a Measure or Act of the National Assembly for Wales, or
The Water Industry (Scotland) Act 2002;
In section 28 of the Gas Act 1986 (orders for securing compliance with certain provisions), in subsection (8), in the definition of “relevant requirement” for “or section 27(4)(b) of the Utilities Act 2000 (order to comply with a direction under section 24 of that Act)” substitute “ or section 25(5) of the Consumers, Estate Agents and Redress Act 2007 (directions to comply with requirements under section 24 of that Act) ”.
The Gas and Electricity Consumer Council is abolished.
The Consumer Council for Postal Services is abolished.
Subject to any modifications made by this Act— are transferred by this section to the Council.
the functions of the Gas and Electricity Consumer Council under the Gas Act 1986 (c. 44), the Electricity Act 1989 (c. 29) and the Utilities Act 2000 (c. 27), and
the functions of the Consumer Council for Postal Services under the Postal Services Act 2000 (c. 26),
Accordingly—
“ the Council ” means the National Consumer Council;
“ the Council ” means the National Consumer Council;
“ the Council ” means the National Consumer Council,
“ Council ” means the National Consumer Council;
Schedule 3 contains transitional provisions.
The Secretary of State may by order designate the Consumer Council for Water for abolition.
An order under this section must specify the earliest date on which a transfer order or an abolition order under section 32 may take effect in respect of the Consumer Council for Water.
Before making an order under this section the Secretary of State must consult—
the Consumer Council for Water,
Citizens Advice, and
such other persons as the Secretary of State considers appropriate.
An order under this section may only be made with the consent of the Welsh Ministers.
Where the Consumer Council for Water is designated for abolition under section 31, the Secretary of State may make in respect of it—
one or more transfer orders;
an abolition order.
A transfer order is an order which provides for the transfer to Citizens Advice of any function of the Consumer Council for Water.
An abolition order is an order which provides for the abolition of the Consumer Council for Water.
No provision of an order under this section may take effect before the date specified under section 31(2).
A transfer order may be made only with the consent of Citizens Advice.
A transfer order or abolition order may be made only with the consent of the Welsh Ministers.
This section applies where the Consumer Council for Water has been designated for abolition under section 31.
In this section “ payment conditions ” means—
in the case of an appointment under Chapter 1 of Part 2 of the Water Industry Act 1991 (c. 56), conditions included in the appointment by virtue of section 11(1)(c) of that Act, and
in the case of a water supply licence under Chapter 1A of that Part, conditions included in the licence by virtue of section 17G(1)(b) of that Act.
The payment conditions of such an appointment or licence may (without prejudice to the generality of sections 11(1)(c) and 17G(1)(b) of that Act) require the payment by the company holding the appointment or licence of sums relating to any of the expenses mentioned in subsection (4).
Those expenses are—
the appropriate proportion of the expenses of Citizens Advice (other than those expenses within paragraph (b) and any expenses which relate to taking on functions transferred from the Consumer Council for Water);
any expenses of Citizens Advice, the Secretary of State or the Consumer Council for Water which relate to a transfer scheme made in respect of the Consumer Council for Water under section 35(2)(a) or (7);
the expenses of the Secretary of State which relate to the abolition of the Consumer Council for Water;
the expenses of Citizens Advice expanding a qualifying consumer advice scheme to enable it to cater for water consumers;
the appropriate proportion of the expenses of Citizens Advice on, or in connection with, the support of a qualifying consumer advice scheme.
The “appropriate proportion” of any relevant expenses means such proportion of the expenses as the Secretary of State considers is reasonable having regard to—
in the case of expenses within subsection (4)(a), the functions exercisable by Citizens Advice in relation to water consumers;
in the case of expenses within subsection (4)(e), the functions under a qualifying consumer advice scheme which are exercisable in relation to water consumers.
The Authority may, in accordance with this section, modify any payment conditions where it considers it necessary or expedient to do so in consequence of, or of preparations for—
the abolition of the Consumer Council for Water, or
a transfer order or abolition order under section 32.
The Authority may, in accordance with this section, make such incidental or consequential modifications of the other conditions which are included in— as it considers necessary or expedient in consequence of, or of preparations for, an event mentioned in subsection (6)(a) or (b).
an appointment under Chapter 1 of Part 2 of the Water Industry Act 1991 (c. 56), or
a water supply licence under Chapter 1A of that Part,
Before modifying under subsection (6) or (7) the conditions included in an appointment or licence, the Authority must consult the company holding the appointment or licence.
The Secretary of State may, after consulting the Welsh Ministers, give directions to the Authority for the purpose of securing that sums relating to any of the expenses mentioned in subsection (4) are included in the sums payable by virtue of payment conditions; and the Authority must comply with any such direction.
In this section—
Section 1
“enactment” means— whenever passed or made;
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“sewerage licensee” has the same meaning as in Part 1;
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is to hold and vacate office in accordance with the terms and conditions of the member’s appointment, and
may resign or be removed from office in accordance with those terms and conditions.
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After the abolition of the Gas and Electricity Consumer Council under section 30(1), any duty of the Gas and Electricity Consumer Council to make an annual report, in relation to any financial year for which such a report has not been made, is to be discharged by the Council. The period between the abolition of the Gas and Electricity Consumer Council and the end of the preceding financial year (if less than 12 months) is to be treated as its financial year for which the last annual report is required. If that period is 9 months or longer the Council must make the last annual report as soon as practicable after the end of that period. If that period is shorter than 9 months the last annual report must be made no later than the first report of the Council under section 7. In this paragraph—
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a non-executive member of a territorial committee ceases to be a member of the committee otherwise than on the expiry of the member’s term of office, and
it appears to the Secretary of State that there are circumstances which make it right for that person to receive compensation,
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its own procedure (including quorum), and
the procedure (including quorum) of its committees and sub-committees.
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any vacancy among the members of the Council or of any of its committees or sub-committees, or
any defect in the appointment of any member of the Council or of any of its committees or sub-committees, or any disqualification of a person as chairman or another member of the Council.
Section 25
“scheme administrator”, in relation to a redress scheme, means the person who administers the scheme,
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In this Schedule—
In section 35(3)(d) of the Taxation of Chargeable Gains Act 1992 (no gain no loss disposals), after sub-paragraph (xvi) insert—
The Gas Act 1986 is amended as follows.
In section 4AB (guidance on social and environmental matters), for subsection (3)(b) substitute—.
In section 28 (orders for securing compliance with certain provisions), in subsection (6) for first “and” substitute “or”.
Section 30
Section 35
Section 45
The Gas Act 1986 (c. 44) is amended as follows. In section 28 (orders for securing compliance with certain provisions), in the definition of “relevant requirement” in subsection (8), after “33D” insert “, 33DB”. After section 33DA insert—
The Electricity Act 1989 (c. 29) is amended as follows. In section 25 (orders for securing compliance), in the definition of “relevant requirement” in subsection (8), after “42A” insert “, 42AB”. After section 42AA insert—
The Postal Services Act 2000 (c. 26) is amended as follows. In section 22 (final orders), in the definition of “relevant requirement” in subsection (5) (as substituted by paragraph 3(2) of Schedule 2 and amended by section 52), after “or” at the end of paragraph (a) insert—. After section 61 insert—
Section 53
The Estate Agents Act 1979 (c. 38) is amended as follows.
After section 23 insert—
After Schedule 2 insert—
After Schedule 3 (as inserted by paragraph 3) insert—
Section 63
Section 64 Short title and chapter Extent of repeal Public Records Act 1958 (c. 51) In Schedule 1, in the Table at the end of paragraph 3, the entries relating to the Consumer Council for Postal Services and the Gas and Electricity Consumer Council. Parliamentary Commissioner Act 1967 (c. 13) In Schedule 2 the entries relating to the Consumer Council for Postal Services, the Gas and Electricity Consumer Council and the National Consumer Council. House of Commons Disqualification Act 1975 (c. 24) In Schedule 1— in Part 2 the entries relating to the Consumer Council for Postal Services and the Gas and Electricity Consumer Council, and in Part 3 the entries relating to the Chairman and Deputy Chairman of the National Consumer Council. Race Relations Act 1976 (c. 74) In Schedule 1A, in Part 2, the entries for the Consumer Council for Postal Services (“Postwatch”), the Gas and Electricity Consumer Council (Energywatch) and the National Consumer Council. Estate Agents Act 1979 (c. 38) Section 5(4). Section 6(7). Section 9(4)(a). Section 27(1)(b). Gas Act 1986 (c. 44) Sections 32 and 33. Electricity Act 1989 (c. 29) Sections 46 and 46A. Postal Services Act 2000 (c. 26) Section 2. In section 39 “or of the Secretary of State in relation to the establishment of the Council”. Sections 51 to 59. In section 61— in subsection (1) “and the Council” and “each” (in the second place), in subsection (2)(b) “or the Council”, in subsection (3) “or the Council”, in subsection (5)(a) “or (as the case may be) the Commission”, and in subsection (5)(b) “or (as the case may be) the Council”. Schedule 2. In Schedule 7, paragraph 5(1)(d) and the “or” immediately preceding it. In Schedule 8, paragraphs 9 and 14(2). Utilities Act 2000 (c. 27) Section 2. Section 3(6). In section 4— in subsection (1) “and the Council” and “each” (in the second place), in subsection (3) “or the Council”, in subsection (4) “or the Council”, in subsection (5) “or the Council”, and subsection (7). In section 8— subsection (3)(b) and the “and” immediately preceding it, and subsection (7). Sections 17, 18(1) to (4) and (7), 19, 20(1) to (4), 21 to 27. In section 105— in subsection (5) “and” immediately preceding paragraph (l), in subsection (8)(a) “33DA or” and “42AA or”, and in subsection (8)(c) “, the Council”. Schedule 2. In Schedule 6, paragraphs 12(f) (and the “and” immediately preceding it), 22(b), 40(b) and 42. In Schedule 7— paragraphs 24 and 25, in paragraph 26(1), “or the Council”, paragraphs 28 and 30, paragraphs 31 and 32. Freedom of Information Act 2000 (c. 36) In Schedule 1, in Part 6, the entries for the Consumer Council for Postal Services, the Gas and Electricity Consumer Council and the National Consumer Council. Warm Homes and Energy Conservation Act 2000 (c. 31) Section 2(9). Enterprise Act 2002 (c. 40) In Schedule 25, paragraphs 15(7), 20(8) and 42(6). Energy Act 2004 (c. 20) Section 179(3)(b) and (e). Housing Act 2004 (c. 34) Sections 172 to 174.
For the purposes of this section a qualifying public consumer advice scheme is a scheme that is supported by Citizens Advice or Citizens Advice Scotland, or by them jointly, in a manner that the Office of Fair Trading is prohibited from supporting by section 8A of the Enterprise Act 2002.
The Secretary of State may pay such sums as the Secretary of State may, with the approval of the Treasury, determine by way of compensation to any person who—
ceases to be a member of the Consumer Council for Postal Services, the Gas and Electricity Consumer Council, or the Consumer Council for Water by virtue of the abolition of the body in question by or under this Part, or
ceases to be a member of the company called the National Consumer Council (a company limited by guarantee and registered under the Companies Acts) by virtue of its dissolution.
The compensation is payable in respect of loss of office, or loss or diminution of pension rights.
This section applies to—
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if a transfer order has been made under section 32 (whether or not it has taken effect), the Consumer Council for Water;
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The Secretary of State may direct a body to which this section applies—
to make a scheme or schemes for the transfer of its property, rights and liabilities to Citizens Advice;
to transfer such property, rights or obligations as are specified in the direction to a person (other than Citizens Advice) so specified (“the specified transferee”).
Before giving, varying or revoking a direction under subsection (2), the Secretary of State must consult—
the body to which the direction is to be or has been given,
Citizens Advice, and
in the case of a direction under subsection (2)(b), the specified transferee.
A body given a direction under subsection (2)(a) must consult Citizens Advice before making a transfer scheme.
A transfer scheme made pursuant to a direction under subsection (2)(a) has effect—
only if approved by the Secretary of State, and
subject to any modifications made by the Secretary of State.
Before making any modifications the Secretary of State must consult the body to which the direction was given.
The Secretary of State may make a scheme or schemes for the transfer to Citizens Advice of the property, rights and liabilities of a body to which this section applies.
Schedule 4 makes further provision about transfer schemes.
In this section “ transfer scheme ” means a scheme made under or by virtue of subsection (2)(a) or (7).
The Secretary of State may direct a body to which section 35 applies to supply to the Secretary of State such information specified or described in the direction as the Secretary of State may require in relation to—
the body's property, rights or liabilities, or
the exercise by the body of its functions.
A direction under subsection (1)—
must specify the period within which the information is to be provided, and
may require the information to be supplied in a specified form.
A body given a direction under subsection (1) must comply with it within the specified period.
The Secretary of State may direct a body to which section 35 applies not to take any action of a specified kind, or in specified circumstances.
Before giving, varying or revoking a direction under this section, the Secretary of State must consult—
the body to which the direction is to be or has been given, and
Citizens Advice.
In this section “ specified ” means specified in the direction given by the Secretary of State.
The Secretary of State may, by order, confer on Citizens Advice or Citizens Advice Scotland any other function or functions if the Secretary of State considers that it is in the interests of consumers generally, or consumers of a particular description, to do so.
The Secretary of State may only confer a function on Citizens Advice or Citizens Advice Scotland under this section if the function appears to the Secretary of State to be connected (directly or indirectly) to an existing or former function of the Council.
Before making an order under subsection (1), the Secretary of State must consult—
the body on which the Secretary of State proposes to confer a function or functions,
if it appears to the Secretary of State that the exercise of any function conferred by the order might affect Wales in relation to any matter as respects which functions are exercisable by the Welsh Ministers, those Ministers, and
such other persons as the Secretary of State considers appropriate.
An order under this section may not— unless that body consents to the conferring or modifying of the function.
confer a function on Citizens Advice or Citizens Advice Scotland, or
modify a function conferred on Citizens Advice or Citizens Advice Scotland by an order under this section,
An order under this section may not make provision which would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament.
An order under this section which makes provision which would be within the legislative competence of the National Assembly for Wales if it were contained in an Act of the Assembly may only be made with the consent of the Assembly.
In subsection (5) “ the Assembly Act provisions ” has the meaning given by section 103(8) of the Government of Wales Act 2006 (c. 32).
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This section applies where the Secretary of State is satisfied that satisfactory arrangements are in place for a body (other than the Council) to exercise functions corresponding to the functions exercisable by the Council in relation to Northern Ireland.
The Secretary of State may by order repeal—
section 1(2)(c) (requirement to establish and maintain the Northern Ireland Postal Services Committee);
section 2(1)(c) (functions which the Northern Ireland Postal Services Committee is authorised to exercise);
section 3(2)(b) (Northern Ireland consumers of relevant postal services);
section 16(1)(b)(investigations relating to public post offices in Northern Ireland);
any other provision of this Part, so far as it extends to Northern Ireland.
Before making an order under this section, the Secretary of State must consult—
the Council, and
such other persons as the Secretary of State considers appropriate.
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In section 17 of the Communications Act 2003 (c. 21) (membership etc of the Consumer Panel)—
after subsection (4) insert—, and
in subsection (5) for “subsection (3) or (4)” substitute “ subsections (3) to (4A) ” .
In this Part—
...
“relevant regulator”, in relation to a regulated provider, means the body specified in the corresponding entry in column 3 of the table. Regulated provider Relevant consumer Relevant regulator A person holding a licence under section 7A(1) of the Gas Act 1986 (c. 44) (supply licences). A person who is a consumer in relation to gas supplied by a gas supplier (within the meaning of Part 1 of that Act). The Gas and Electricity Markets Authority. A person holding a licence under section 7(2) of the Gas Act 1986 (transportation licences). A person (other than a gas licensee) who is a consumer in relation to services provided by a gas transporter (within the meaning of Part 1 of that Act). The Gas and Electricity Markets Authority. A person holding a licence under section 6(1)(d) of the Electricity Act 1989 (c. 29) (supply licences). A person who is a consumer in relation to electricity supplied by an electricity supplier (within the meaning of Part 1 of that Act). The Gas and Electricity Markets Authority. A person holding a licence under section 6(1)(c) of the Electricity Act 1989 (distribution licences). A person (other than an electricity licensee) who is a consumer in relation to services provided by an electricity distributor (within the meaning of Part 1 of that Act). The Gas and Electricity Markets Authority. ... ... ... A water undertaker, sewerage undertaker , water supply licensee or sewerage licensee. A person who is a consumer in relation to services provided by a water undertaker, sewerage undertaker , water supply licensee or sewerage licensee in the undertaker's or licensee's capacity as such. The Water Services Regulation Authority.
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In Schedule 15 to the Water Industry Act 1991 (disclosure of information)—
The National Consumer Council.
The Consumers, Estate Agents and Redress Act 2007.
The Utilities Act 2000 is amended as follows.
The Housing Act 2004 is amended as follows. In section 166 (enforcement authorities), in subsection (2) for the words from “to enforce” to the end of the subsection substitute “to enforce the duties under sections 155 to 159 and 167(4) in their area.” In section 168 (penalty charge notices), in subsection (1) for the words from “a breach of” to the end of the subsection substitute “a breach of any duty under sections 155 to 159 and 167(4), give a penalty charge notice to that person.”
In section 4 (forward work programmes)—
in subsection (1) omit—
“and the Council”, and
“each” (in the second place),
in subsection (3) omit “or the Council”,
in subsection (4) omit “or the Council”,
in subsection (5) omit “or the Council”, and
omit subsection (7).
In section 105 (general restrictions on disclosure of information)—
in subsection (5) omit “and” immediately preceding paragraph (l) and after that paragraph insert, and,
in subsection (6), at the end insert—,
in subsection (8) omit—
in paragraph (a) “33DA or”, and “42AA or”, and
in paragraph (c) “, the Council”, and
after subsection (11) insert—
In this Part—
expressions used, as regards matters relating to gas, which are defined in section 48 of the Gas Act 1986 have the same meaning as in Part 1 of that Act, and
expressions used, as regards matters relating to electricity, which are defined in section 64 of the Electricity Act 1989, have the same meaning as in Part 1 of that Act.
The Secretary of State, or any other Minister of the Crown may, from time to time make grants to a consumer advocacy body in connection with functions conferred on it by or by virtue of this Act or any other enactment.
In the case of the GCCNI , grants under paragraph (1) may only be made in relation to consumer matters that relate to postal services in Northern Ireland.
In this section “enactment” means—
an Act of Parliament,
an Act of the Scottish Parliament,
a Measure or Act of the National Assembly for Wales, or
Northern Ireland legislation.
A person listed in paragraph (2) is not liable in damages for anything done or omitted to be done in the exercise or purported exercise of any of the functions conferred by this or any other relevant enactment.
The persons referred to in paragraph (1) are—
Citizens Advice and Citizens Advice Scotland;
an employee of Citizens Advice or Citizens Advice Scotland;
a person contracted to work for Citizens Advice or Citizens Advice Scotland;
a charity trustee of Citizens Advice or Citizens Advice Scotland.
Paragraph (1) does not apply—
if it is shown that the act or omission was in bad faith, or
so as to prevent an award of damages made in respect of an act or omission on the ground that the act or omission was unlawful as a result of section 6(1) of the Human Rights Act 1998.
In this section—
In this Part—
In this Part—
In this Part references to a regulator's regulated providers are to the regulated providers in relation to which the regulator is the relevant regulator.
In this section—
A regulator must by regulations prescribe standards for the handling by its regulated providers of consumer complaints made to them.
The regulations may prescribe standards in relation to all consumer complaints, or consumer complaints of a kind specified in the regulations.
In particular, the regulations may specify a kind of consumer complaint by reference to the subject-matter of a complaint, or the description of person making a complaint.
Regulations under this section may be made only with the consent of the Secretary of State.
A regulator must make arrangements for securing that regulations made by it under this section are available to the public, by whatever means it considers appropriate.
If a date is prescribed in relation to a regulator for the purposes of this subsection, from that date subsection (1) has effect in relation to that regulator as if, in that subsection, for “must” there were substituted “may”.
In subsection (6) “prescribed” means prescribed by order made by the Secretary of State under this section.
Before prescribing a date in relation to a regulator for the purposes of subsection (6), the Secretary of State must consult—
the regulator,
Citizens Advice,
Citizens Advice Scotland,
such other persons as the Secretary of State considers appropriate.
Consumer Scotland, and
This section does not apply to the Water Services Regulation Authority.
Before making regulations under section 43 a regulator must—
arrange for such research as it considers appropriate with a view to discovering the views of a representative sample of persons likely to be affected, and consider the results,
publish a notice of its proposals (a “proposals notice”) in such manner as the regulator considers appropriate for bringing it to the attention of those likely to be affected by the proposals,
consider any representations duly made, and
consult persons or bodies appearing to it to be representative of persons likely to be affected by the proposals.
The proposals notice must—
set out the standards the regulator proposes to prescribe,
give the reasons why the regulator proposes to prescribe those standards,
explain how the standards will be enforced, and
specify a time (not being earlier than the end of the period of 30 days beginning with the day on which the notice is published) before which representations may be made.
The requirements of subsection (1) may be satisfied by action taken before the commencement of this section or the passing of this Act.
This section applies in relation to standards prescribed by a regulator by regulations under section 43 in relation to its regulated providers (or some of them).
This section also applies in relation to standards for the handling of complaints made about postal operators by users of their services which are contained in consumer protection conditions imposed under Part 3 of the Postal Services Act 2011.
Citizens Advice, Citizens Advice Scotland and Consumer Scotland must publish such statistical information as Citizens Advice, Citizens Advice Scotland or, as the case may be, Consumer Scotland consider appropriate relating to the levels of compliance with the standards which those regulated providers or postal operators have achieved.
That information must be published in such form and manner, and with such frequency, as the consumer advocacy body in question thinks appropriate.
The GCCNI must publish such statistical information as it considers appropriate relating to the levels of compliance with the standards which those postal operators have achieved.
Schedule 5 makes further provision with respect to information about compliance with complaints handling standards.
A regulator may make regulations requiring each of its regulated providers in relation to which standards are prescribed under section 43 to give to the provider's relevant consumers such information as may be specified or described in the regulations about—
the standards, and
the levels of compliance with those standards achieved by the provider.
Regulations under this section may include provision specifying the form and manner in which, and the frequency with which, information is to be given.
The Secretary of State may by order require regulated providers to be members of a redress scheme which is—
approved by their relevant regulator in accordance with section 49, or
administered by the Secretary of State (or a person appointed by the Secretary of State) and designated by the Secretary of State as an appropriate redress scheme in relation to them.
The order may provide that the requirement applies only in relation to consumer complaints of a kind specified in the order.
In particular, the order may specify a kind of consumer complaint by reference to the subject-matter of a complaint, or the description of person making a complaint.
Before making an order under this section the Secretary of State must consult—
each relevant regulator (in relation to regulated providers to which the order will apply), and
other persons appearing to the Secretary of State to be representative of persons who have an interest in the matter.
The requirements of subsection (4) may be satisfied by consultation undertaken before the commencement of this section or the passing of this Act.
An order under this section which applies to a water undertaker or sewerage undertaker for an area which is wholly or mainly in Wales may be made only with the consent of the Welsh Ministers.
The Secretary of State may not make an order under this section unless satisfied, in relation to each regulated provider to which the order will apply, that—
there is at least one qualifying redress scheme which the provider is eligible to join and membership of which will satisfy the requirement imposed by the order, or
there will be such a scheme when the order comes into force.
The Secretary of State may not designate a scheme in relation to regulated providers under subsection (1)(b) unless the Secretary of State is satisfied that the scheme is one which could be approved by their relevant regulator in accordance with section 49.
The Secretary of State may establish or administer a scheme for the purposes of subsection (1)(b), or provide financial assistance to a person who establishes or administers such a scheme; and such a scheme may provide for fees to be payable by members of the scheme.
In this Part— and references to approval of a redress scheme are to approval of the scheme for the purposes of section 47(1)(a).
In the definition of “redress scheme”, “independent”, in relation to a consumer complaint, means independent of—
the regulated provider against whom the complaint is made, and
the regulator who is the relevant regulator in relation to the regulated provider.
Nothing in this Part prevents a qualifying redress scheme providing—
for membership to be open to persons who are not subject to any duty to belong to a qualifying redress scheme;
for the investigation and determination of complaints other than those in relation to which such a duty applies, made against members who have voluntarily accepted the jurisdiction of the scheme over such complaints.
For the purposes of the law relating to defamation, proceedings under a qualifying redress scheme (in relation to a consumer complaint and a regulated provider to which an order under section 47 applies) are to be treated in the same way as proceedings before a court.
In deciding whether to approve a redress scheme, a regulator must have regard to—
the provisions of the scheme;
the manner in which the scheme will be operated (so far as that can be judged from the facts known to the regulator);
the interests of relevant consumers (in relation to the regulator's regulated providers);
such principles as—
in the opinion of the regulator constitute generally accepted principles of best practice in relation to schemes for providing redress to consumers, and
it is reasonable to regard as applicable to the scheme.
In considering the interests of relevant consumers under subsection (1)(c), the regulator must in particular have regard to the number of other redress schemes applying to its regulated providers which are (or are likely to become) qualifying redress schemes.
A regulator must not approve a redress scheme unless—
membership of the scheme is open to all the regulator's regulated providers, and those regulated providers may not be expelled from membership of the scheme,
if, at the time the approval is given, any of the regulator's regulated providers are required under section 47 to be a member of a redress scheme (or would be so required but for the fact that an order which has been made under that section is not yet in force), the scheme covers all the consumer complaints to which the requirement applies,
the independent person may require regulated providers to provide complainants with the types of redress listed in subsection (6) (whether or not other types of redress are available), and
the regulator considers that the scheme makes satisfactory provision about the matters listed in subsection (7).
Subsection (3)(a) does not prevent the Gas and Electricity Markets Authority approving— and, in the case of such a scheme, subsection (3)(b) applies as if the reference to the regulator's regulated providers were to the regulated gas providers or, as the case may be, regulated electricity providers.
a scheme which is open to all regulated gas providers, but not regulated electricity providers,
a scheme which is open to all regulated electricity providers, but not regulated gas providers,
For this purpose—
The types of redress mentioned in subsection (3)(c) are—
providing an apology or explanation,
paying compensation, and
taking such other action in the interests of the complainant as the independent person may specify.
The matters mentioned in subsection (3)(d) are—
the matters about which complaints may be made (which may include non-compliance with a code of practice or other document);
the independent person's duties and powers in relation to the investigation and determination of complaints (which may include power to decide not to investigate or determine a complaint);
the enforcement of any requirement to provide redress imposed on a regulated provider in accordance with the scheme;
the provision of information by the independent person to the regulator and to persons within subsection (8);
the provision of information by the independent person—
to Citizens Advice Scotland, for the purposes of any qualifying public consumer advice scheme supported by the body (on its own or jointly with one or both of Citizens Advice and Consumer Scotland),
to Consumer Scotland, for the purposes of any qualifying public consumer advice scheme supported by the body (on its own or jointly with one or both of Citizens Advice and Citizens Advice Scotland), and
to persons who operate a qualifying public consumer advice scheme supported by Citizens Advice , Citizens Advice Scotland or Consumer Scotland, or by all or any two of those bodies jointly, for the purposes of that scheme;
the acceptance and handling of complaints transferred from redress schemes which have their approval withdrawn under section 51.
The persons within this subsection are—
any other body having regulatory functions in relation to the regulated providers to which the scheme applies;
persons exercising functions under other redress schemes which apply to the regulator's regulated providers;
Citizens Advice;
so far as regards schemes to be approved by the Gas and Electricity Markets Authority, Citizens Advice Scotland and Consumer Scotland;
the Secretary of State.
For the purposes of this section a qualifying public consumer advice scheme is a scheme that is supported by Citizens Advice , Citizens Advice Scotland or Consumer Scotland, or by all or any two of them jointly, in a manner that the Office of Fair Trading is prohibited from supporting by section 8A of the Enterprise Act 2002.
An application for approval of a redress scheme must be made in such manner, and accompanied by such information, as the regulator to which the application is made may determine.
Section 51 applies if the regulator is minded to refuse an application for approval.
The scheme administrator of a redress scheme approved by a regulator must notify the regulator of any change to the scheme before the end of the period of 14 days beginning with the day on which the change is made.
A regulator may, in accordance with section 51, withdraw its approval of a redress scheme, and may do so generally or in relation to consumer complaints of a description specified by the regulator.
In particular, a regulator may withdraw its approval in relation to consumer complaints made on or after a date specified by the regulator.
Before refusing or withdrawing its approval of a redress scheme, the regulator must give the scheme administrator a notice—
stating that the regulator proposes to refuse or withdraw its approval,
giving the reasons for the proposed refusal or withdrawal, and
specifying a time (not being earlier than the end of the period of 30 days beginning with the day on which the notice is given to the scheme administrator) before which representations about the proposed refusal or withdrawal may be made.
The regulator must give notice to the scheme administrator of—
the regulator's decision on a proposal to refuse or withdraw approval, and
the reasons for its decision.
In the case of a decision to withdraw approval, the regulator must also give notice of its decision and the reasons for it to the Secretary of State.
The scheme administrator must give a copy of the notice under subsection (2) to each member of the scheme.
If the regulator decides to withdraw approval, the withdrawal has effect in accordance with, and from the date specified in, the notice under subsection (2).
Where a redress scheme designated under section 47(1)(b) is administered by a person appointed by the Secretary of State, this section (other than subsection (3)) applies in relation to a revocation by the Secretary of State of that person's appointment as it applies in relation to a withdrawal by a regulator of the approval of a redress scheme.
In section 28 of the Gas Act 1986 (c. 44) (orders for securing compliance), in subsection (8), in the definition of “relevant requirement”, after “that Act)” (as inserted by paragraph 1 of Schedule 2) insert “ , or section 43, 46 or 47 of that Act (complaints). ”
In section 25 of the Electricity Act 1989 (c. 29) (orders for securing compliance), in subsection (8), in the definition of “relevant requirement”, after “that Act)” (as inserted by paragraph 2 of Schedule 2) insert “ , or section 43, 46 or 47 of that Act (complaints). ”
A requirement imposed under section 47 on a water undertaker, sewerage undertaker , water supply licensee or sewerage licensee is enforceable by the Water Services Regulation Authority under section 18 of the Water Industry Act 1991 (c. 56) (orders for securing compliance).
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Schedule 6 (which amends the Estate Agents Act 1979 (c. 38) to make provision for redress schemes dealing with complaints about estate agents) has effect.
In section 3(1) of the Estate Agents Act 1979 (grounds for making prohibition orders), after paragraph (c) insert—.
Sections 172 to 174 of the Housing Act 2004 (c. 34) (redress schemes dealing with complaints about the activities of estate agents in relation to home information packs) are omitted.
After section 21 of the Estate Agents Act 1979 (transactions in which an estate agent has a personal interest) insert—
In section 3(1) of that Act (grounds for making prohibition orders), in paragraph (c), for “21” substitute “ 21A ”.
Section 3(1) of the Estate Agents Act 1979 (c. 38) (grounds for making prohibition orders) is amended as follows.
In paragraph (a), for “has been convicted of” substitute “ has committed ”.
After paragraph (b) insert—.
Section 5(4) of that Act (which provides for section 3 orders based on a person's conviction to cease to have effect when the conviction is spent) is omitted.
For paragraph 1 of Schedule 1 to that Act substitute—
Section 4 of the Estate Agents Act 1979 (warning orders) is amended as follows.
For subsection (1) substitute—
In subsection (2) for the words from “a further” to “order” (in the second place it appears) substitute “ further conduct as mentioned in subsection (1A)(b) or (1B)(b) or engaging again in the practice specified in the order, as the case may be, ”.
In subsection (3) for the words from “fails to comply” to “order” (in the second place it appears) substitute “ engages in further conduct as mentioned in subsection (1A)(b) or (1B)(b) or engages again in the practice specified in the order, as the case may be, ”.
After subsection (3) insert—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 11 of the Estate Agents Act 1979 (c. 38) (powers of entry and inspection) is amended as follows.
For subsection (1) substitute—
For subsection (4) substitute—
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In section 3(1) of that Act (grounds for making prohibition orders), after paragraph (ca) (inserted by section 53(2)) insert—.
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omit paragraph (a); and
in paragraph (b) for “such a notice” substitute “a notice under this section”.
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in subsection (1)—
omit paragraph (b); and
in paragraph (c) for “other” substitute “any”; and
after subsection (1) insert—
The Secretary of State may make regulations entitling a consumer who is a party to a protected contract to cancel the contract.
A protected contract is a contract between a consumer and a trader which is for the supply of goods or services to the consumer by a trader and is made—
during a solicited visit by a trader to the consumer's home or place of work, or to the home of another individual, or
after an offer made by the consumer during such a visit.
A visit is solicited if it is made at the express request of the consumer.
Regulations made under this section may make any provision which may be made by regulations under section 2(2) of the European Communities Act 1972 (c. 68) (by virtue of section 2(4) of that Act).
The regulations may in particular make provision—
as to the circumstances in which the consumer may cancel the contract and the effect of such a cancellation;
requiring the trader to inform the consumer of the matters within paragraph (a);
for the enforcement of any requirement imposed by virtue of paragraph (b).
For the purposes of this section, “consumer” and “trader” in relation to a contract have the same meaning as they have for the purposes of the relevant Directive in relation to transactions within that Directive.
“The relevant Directive” means—
Council Directive 85/577/EEC to protect the consumer in respect of contracts negotiated away from business premises, as it has effect from time to time, or
if that Directive is repealed and re-enacted (with or without modification), that Directive as re-enacted.
An order or regulations under this Act must be made by statutory instrument.
The Statutory Instruments Act 1946 (c. 36) is to apply in relation to any power of a regulator to make regulations under section 43 or 46 as if the regulator were a Minister of the Crown.
Any order or regulations under this Act may—
make provision generally or subject to exceptions or in relation to specified cases or descriptions of case;
make different provision for different cases or circumstances or for different purposes;
provide for a person to exercise a discretion in dealing with any matter;
make incidental, supplementary, consequential, transitory and transitional provision and savings.
A provision of this Act which permits regulations or orders to make provision of a specified kind is without prejudice to the generality of subsection (3).
In the case of an order or regulations made by the Secretary of State, the provision which may be made by virtue of subsection (3)(d) includes provision modifying any provision made by or under any enactment.
For this purpose—
Nothing in this section authorises an order or regulations under this Act to make provision which would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament.
The Documentary Evidence Act 1868 (c. 37) (proof of order and regulations etc) has effect as if—
the regulators were included in column 1 of the Schedule to that Act, and
the entry in column 2 of that Schedule corresponding to each regulator mentioned the regulator and persons authorised to act on the regulator's behalf.
Nothing in this section applies in relation to a court order under section 26.
In this section “regulator” means—
the Gas and Electricity Markets Authority, ...
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A requirement or power under this Act to give a notice (or to notify) is a requirement or power to give notice in writing.
A requirement or power under this Act to give a direction (or to direct) is a requirement or power to give a direction in writing.
Any power conferred by this Act to give a direction includes power to vary or revoke the direction.
Any instrument to which this subsection applies is subject to annulment in pursuance of a resolution of either House of Parliament.
Subsection (1) applies to any order or regulations made by the Secretary of State under any provision of this Act except—
an order or regulations to which subsection (3) applies, or
an order under section 66 (commencement).
An order or regulations containing (whether alone or with other provision) provision made under or by virtue of any of the following provisions may not be made unless a draft of the order or regulations has been laid before, and approved by a resolution of, each House of Parliament—
section 4 (“designated consumers”);
section 24(3)(d) (power to specify persons from whom the consumer advocacy bodies may require information);
section 31 (designation of the Consumer Council for Water for abolition);
section 37(1) (conferral of additional functions on Citizens Advice or Citizens Advice Scotland);
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section 59 (contracts concluded away from business premises), so far as it enables provision to be made modifying an Act of Parliament;
section 60(5) (consequential provision etc), so far as it enables such provision to be made;
section 63(2) (consequential provision etc), so far as it enables such provision to be made.
In subsection (3), “modify” has the same meaning as in Part 1.
Schedule 7 contains minor and consequential amendments.
The Secretary of State may by order make such consequential, supplementary, incidental, transitory or transitional provision or savings (including provision modifying any provision made by or under an enactment) as the Secretary of State considers necessary or expedient in connection with the coming into force of any provision made by or under this Act.
An order under this section may make such adaptations of provisions of this Act brought into force as appear to be necessary or expedient in consequence of other provisions of this Act not yet having come into force.
In this section—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
any member of the Council,
the Chief Executive of the Council, or
any person who has been authorised (whether generally or specifically) by the Council for the purpose.
For the purposes of Schedule 29 to the Finance Act 2002 (c. 23)— Expressions used in this paragraph and in that Schedule have the same meanings in this paragraph as in that Schedule.
On the day appointed by a transfer scheme the property, rights and liabilities which are the subject of the scheme are transferred to the Council in accordance with the provisions of the scheme. Sub-paragraph (1) has effect in relation to property, rights or liabilities to which it applies in spite of any provision (of whatever nature) which would prevent or restrict the transfer of the property, rights or liabilities otherwise than by virtue of that sub-paragraph.
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So far as is appropriate in consequence of the transfer, anything done by the transferor for the purposes of or in connection with anything transferred which is in effect immediately before it is transferred is to be treated as if done by the Council. A transfer does not affect the validity of anything done by or in relation to the transferor before the transfer takes effect. There may be continued by or in relation to the Council anything (including legal proceedings) relating to anything transferred which is in the process of being done by or in relation to the transferor immediately before it is transferred. So far as is appropriate in consequence of the transfer, the Council is substituted for the transferor in any agreement, instrument or other document relating to anything transferred.
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is to be received in evidence, and
is to be taken to be executed or signed in that way, unless the contrary is proved.
An order under this section may not make provision which would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament.
Schedule 8 contains repeals (including repeals of spent provisions).
Subject to subsections (2) to (6), this Act extends to England and Wales, Scotland and Northern Ireland.
The following provisions extend to England and Wales and Scotland only—
section 13 (investigation of complaints relating to disconnection of gas or electricity);
section 14 (reference of matters to Gas and Electricity Markets Authority);
section 19A (guidance for energy consumers);
section 37 (extension of the functions of Citizens Advice and Citizens Advice Scotland).
Sections 31 to 33 (abolition of Consumer Council for Water) extend to England and Wales only.
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Any amendment or repeal made by this Act has the same extent as the enactment to which it relates.
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This section and sections 60 to 62, 65 and 67 come into force on the day this Act is passed.
Subject to that, the provisions of this Act come into force on such day as may be appointed by order of the Secretary of State.
This Act may be cited as the Consumers, Estate Agents and Redress Act 2007.