(1) 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—
(a) the body's property, rights or liabilities, or
(b) the exercise by the body of its functions.
(2) A direction under subsection (1)—
(a) must specify the period within which the information is to be provided, and
(b) may require the information to be supplied in a specified form.
(3) A body given a direction under subsection (1) must comply with it within the specified period.
(4) 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.
(5) Before giving, varying or revoking a direction under this section, the Secretary of State must consult—
(a) the body to which the direction is to be or has been given, and
(b) Citizens Advice.
(6) In this section “ specified ” means specified in the direction given by the Secretary of State.
37 Extension of the functions of Citizens Advice and Citizens Advice Scotland
(1) 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.
(2) 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.
(3) Before making an order under subsection (1), the Secretary of State must consult—
(a) the body on which the Secretary of State proposes to confer a function or functions,
(b) 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
(c) such other persons as the Secretary of State considers appropriate.
(3A) An order under this section may not—
(a) confer a function on Citizens Advice or Citizens Advice Scotland, or
(b) modify a function conferred on Citizens Advice or Citizens Advice Scotland by an order under this section,
unless that body consents to the conferring or modifying of the function.
(4) 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.
(5) 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.
(6) In subsection (5) “ the Assembly Act provisions ” has the meaning given by section 103(8) of the Government of Wales Act 2006 (c. 32).
In section 17 of the Communications Act 2003 (c. 21) (membership etc of the Consumer Panel)—
(a) after subsection (4) insert—
(4A) The Secretary of State may direct OFCOM to appoint as a member of the Consumer Panel a person specified by the Secretary of State who—
(a) is a non-executive member of the National Consumer Council, and
(b) is nominated for the purposes of this subsection by the National Consumer Council after consultation with OFCOM.
(4B) Only one person may, at any time, be a member of the Consumer Panel appointed in accordance with a direction under subsection (4A); but that does not prevent OFCOM appointing as a member of the Consumer Panel any person who is also a member of the National Consumer Council.
(4C) A person appointed in accordance with a direction under subsection (4A) ceases to be a member of the Panel on ceasing to be a non-executive member of the National Consumer Council.
, and
(b) in subsection (5) for “subsection (3) or (4)” substitute “ subsections (3) to (4A) ” .
(1) 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.
(2) 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.
(3) In this section “enactment” means—
(a) an Act of Parliament,
(b) an Act of the Scottish Parliament,
(c) a Measure or Act of the National Assembly for Wales, or
(d) Northern Ireland legislation.
(1) 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.
(2) The persons referred to in paragraph (1) are—
(a) Citizens Advice and Citizens Advice Scotland;
(b) an employee of Citizens Advice or Citizens Advice Scotland;
(c) a person contracted to work for Citizens Advice or Citizens Advice Scotland;
(d) a charity trustee of Citizens Advice or Citizens Advice Scotland.
(3) Paragraph (1) does not apply—
(a) if it is shown that the act or omission was in bad faith, or
(b) 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.
(4) In this section—
“charity trustee” in relation to Citizens Advice, has the meaning given by section 177 of the Charities Act 2011 and in relation to Citizens Advice Scotland, has the meaning given by section 106 of the Charities and Trustee Investment (Scotland) Act 2005 ;
“relevant enactment” means a provision of—
the Gas Act 1986;
the Electricity Act 1989;
The Postal Services Act 2000;
the Utilities Act 2000;
the Warm Homes and Energy Conservation Act 2000;
the Communications Act 2003;
the Postal Services Act 2011;
The Water Industry (Scotland) Act 2002;
the Water Services etc (Scotland) Act 2005;
this Act.
(1) In this Part—
“ distribution system ” has the meaning given by section 4(4) of the Electricity Act 1989 (c. 29);
...
“ functions ” includes powers and duties;
“ gas ” has the meaning given by section 48(1) of the Gas Act 1986 (c. 44);
...
“ modify ” includes amend, add to, revoke or repeal (and references to “modification” are to be read accordingly);
“ postal operator ” has the same meaning as in Part 3 of the Postal Services Act 2011 (see section 65 of that Act);
“ postal services ” has the same meaning as in the Part 3 of the Postal Services Act 2011 (see section 65 of that Act);
“ regulatory body ” means a person who exercises regulatory functions in relation to a particular description of persons with a view to ensuring compliance with particular standards of conduct (whether statutory or non-statutory) by those persons;
...
“sewerage licensee” means a person holding a sewerage licence under Chapter 1A of Part 2 of the Water Industry Act 1991;
“water supply licensee” means a person holding a water supply licence under Chapter 1A of Part 2 of the Water Industry Act 1991.
(2) In this Part—
(a) 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
(b) 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.
(1) In this Part—
“regulated provider” means a person within an entry in column 1 of the table;
“relevant consumer”, in relation to a regulated provider, means a person within the corresponding entry in column 2 of the table;
“relevant regulator”, in relation to a regulated provider, means the body specified in the corresponding entry in column 3 of the table.
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.
(2) In this Part—
“consumer” has the same meaning as in Part 1;
“consumer complaint” means a complaint which is made against a regulated provider by or on behalf of a person in that person's capacity as a relevant consumer in relation to the regulated provider;
...
“regulator” means a body listed in column 3 of the table.
“sewerage licensee” has the same meaning as in Part 1;
“water supply licensee” has the same meaning as in Part 1.
(3) 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.
(4) In this section—
“electricity licensee” means—
an electricity supplier (within the meaning of Part 1 of the Electricity Act 1989);
an electricity distributor (within the meaning of that Part);
the holder of a licence under section 6(1)(a), (b) or (e) of that Act (generation licences, transmission licences and interconnector licences), except where the holder is acting otherwise than for purposes connected with the carrying on of activities authorised by the licence;
“gas licensee” means—
a gas supplier (within the meaning of Part 1 of the Gas Act 1986 (c. 44));
a gas transporter (within the meaning of that Part);
a gas shipper (within the meaning of that Part);
the holder of a licence under section 7ZA of that Act (licences for operation of gas interconnectors), except where the holder is acting otherwise than for purposes connected with the carrying on of activities authorised by the licence.
(1) A regulator must by regulations prescribe standards for the handling by its regulated providers of consumer complaints made to them.
(2) The regulations may prescribe standards in relation to all consumer complaints, or consumer complaints of a kind specified in the regulations.
(3) 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.
(4) Regulations under this section may be made only with the consent of the Secretary of State.
(5) 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.
(6) 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”.
(7) In subsection (6) “prescribed” means prescribed by order made by the Secretary of State under this section.
(8) Before prescribing a date in relation to a regulator for the purposes of subsection (6), the Secretary of State must consult—
(a) the regulator,
(b) Citizens Advice,
(ba) Citizens Advice Scotland,
(bb) Consumer Scotland, and
(c) such other persons as the Secretary of State considers appropriate.
(9) This section does not apply to the Water Services Regulation Authority.
44 Requirements for making regulations under section 43
(1) Before making regulations under section 43 a regulator must—
(a) 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,
(b) 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,
(c) consider any representations duly made, and
(d) consult persons or bodies appearing to it to be representative of persons likely to be affected by the proposals.
(2) The proposals notice must—
(a) set out the standards the regulator proposes to prescribe,
(b) give the reasons why the regulator proposes to prescribe those standards,
(c) explain how the standards will be enforced, and
(d) 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.
(3) The requirements of subsection (1) may be satisfied by action taken before the commencement of this section or the passing of this Act.
45 Information with respect to compliance with complaints handling standards
(1) 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).
(1A) 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.
(2) 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.
(2A) 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.
(3) That information must be published in such form and manner, and with such frequency, as the consumer advocacy body in question thinks appropriate.
(4) Schedule 5 makes further provision with respect to information about compliance with complaints handling standards.
(1) 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—
(a) the standards, and
(b) the levels of compliance with those standards achieved by the provider.
(2) Regulations under this section may include provision specifying the form and manner in which, and the frequency with which, information is to be given.
(1) The Secretary of State may by order require regulated providers to be members of a redress scheme which is—
(a) approved by their relevant regulator in accordance with section 49, or
(b) 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.
(2) The order may provide that the requirement applies only in relation to consumer complaints of a kind specified in the order.
(3) 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.
(4) Before making an order under this section the Secretary of State must consult—
(a) each relevant regulator (in relation to regulated providers to which the order will apply), and
(b) other persons appearing to the Secretary of State to be representative of persons who have an interest in the matter.
(5) The requirements of subsection (4) may be satisfied by consultation undertaken before the commencement of this section or the passing of this Act.
(6) 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.
(7) 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—
(a) 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
(b) there will be such a scheme when the order comes into force.
(8) 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.
(9) 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.
(1) In this Part—
“qualifying redress scheme” means a redress scheme within paragraph (a) or (b) of section 47(1);
“redress scheme” means a scheme under which consumer complaints may be made to, and investigated and determined by, an independent person (“the independent person”);
“scheme administrator”, in relation to a redress scheme, means the person who administers the scheme,
and references to approval of a redress scheme are to approval of the scheme for the purposes of section 47(1)(a).
(2) In the definition of “redress scheme”, “independent”, in relation to a consumer complaint, means independent of—
(a) the regulated provider against whom the complaint is made, and
(b) the regulator who is the relevant regulator in relation to the regulated provider.
(3) Nothing in this Part prevents a qualifying redress scheme providing—
(a) for membership to be open to persons who are not subject to any duty to belong to a qualifying redress scheme;
(b) 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.
(4) 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.
(1) In deciding whether to approve a redress scheme, a regulator must have regard to—
(a) the provisions of the scheme;
(b) the manner in which the scheme will be operated (so far as that can be judged from the facts known to the regulator);
(c) the interests of relevant consumers (in relation to the regulator's regulated providers);
(d) such principles as—
(i) in the opinion of the regulator constitute generally accepted principles of best practice in relation to schemes for providing redress to consumers, and
(ii) it is reasonable to regard as applicable to the scheme.
(2) 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.
(3) A regulator must not approve a redress scheme unless—
(a) 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,
(b) 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,
(c) 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
(d) the regulator considers that the scheme makes satisfactory provision about the matters listed in subsection (7).
(4) Subsection (3)(a) does not prevent the Gas and Electricity Markets Authority approving—
(a) a scheme which is open to all regulated gas providers, but not regulated electricity providers,
(b) a scheme which is open to all regulated electricity providers, but not regulated gas providers,
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.
(5) For this purpose—
“regulated electricity provider” means a person holding a licence under section 6(1)(c) or (d) of the Electricity Act 1989 (c. 29);
“regulated gas provider” means a person holding a licence under section 7(2) or 7A(1) of the Gas Act 1986 (c. 44).
(6) The types of redress mentioned in subsection (3)(c) are—
(a) providing an apology or explanation,
(b) paying compensation, and
(c) taking such other action in the interests of the complainant as the independent person may specify.
(7) The matters mentioned in subsection (3)(d) are—
(a) the matters about which complaints may be made (which may include non-compliance with a code of practice or other document);
(b) 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);
(c) the enforcement of any requirement to provide redress imposed on a regulated provider in accordance with the scheme;
(d) the provision of information by the independent person to the regulator and to persons within subsection (8);
(e) the provision of information by the independent person—
(i) 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),
(ia) 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
(ii) 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;
(f) the acceptance and handling of complaints transferred from redress schemes which have their approval withdrawn under section 51.
(8) The persons within this subsection are—
(a) any other body having regulatory functions in relation to the regulated providers to which the scheme applies;
(b) persons exercising functions under other redress schemes which apply to the regulator's regulated providers;
(c) Citizens Advice;
(ca) so far as regards schemes to be approved by the Gas and Electricity Markets Authority, Citizens Advice Scotland and Consumer Scotland;
(d) the Secretary of State.
(9) 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.
(1) 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.
(2) Section 51 applies if the regulator is minded to refuse an application for approval.
(3) 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.
(4) 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.
(5) In particular, a regulator may withdraw its approval in relation to consumer complaints made on or after a date specified by the regulator.
(1) Before refusing or withdrawing its approval of a redress scheme, the regulator must give the scheme administrator a notice—
(a) stating that the regulator proposes to refuse or withdraw its approval,
(b) giving the reasons for the proposed refusal or withdrawal, and
(c) 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.
(2) The regulator must give notice to the scheme administrator of—
(a) the regulator's decision on a proposal to refuse or withdraw approval, and
(b) the reasons for its decision.
(3) 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.
(4) The scheme administrator must give a copy of the notice under subsection (2) to each member of the scheme.
(5) 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).
(6) 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.
52 Enforcement of requirements imposed under Part 2
(1) 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). ”
(2) 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). ”
(3) 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).
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) 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.
(2) In section 3(1) of the Estate Agents Act 1979 (grounds for making prohibition orders), after paragraph (c) insert—
(ca) has engaged in estate agency work in relation to residential property in breach of the duty imposed by an order under section 23A(1) below; or
.
(3) 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.
(1) Section 3(1) of the Estate Agents Act 1979 (c. 38) (grounds for making prohibition orders) is amended as follows.
(2) In paragraph (a), for “has been convicted of” substitute “ has committed ”.
(3) After paragraph (b) insert—
(ba) has failed to comply with an undertaking accepted from him under section 217, 218 or 219 of the Enterprise Act 2002 and given in relation to estate agency work; or
(bb) has failed to comply with an enforcement order under section 217 of the Enterprise Act 2002 which was made against him in relation to estate agency work; or
.
(4) 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.
(5) For paragraph 1 of Schedule 1 to that Act substitute—
1 A person is not to be treated for the purposes of section 3(1)(a) of this Act as having committed an offence if he has been convicted of that offence and that conviction is to be treated as spent for the purposes of the Rehabilitation of Offenders Act 1974 or any corresponding enactment for the time being in force in Northern Ireland.
(1) Section 4 of the Estate Agents Act 1979 (warning orders) is amended as follows.
(2) For subsection (1) substitute—
(1) If the OFT is satisfied that any of subsections (1A), (1B) or (1C) apply in relation to a person it may by order notify that person that it is satisfied of the matters mentioned in that subsection.
(1A) This subsection applies in relation to a person if—
(a) in the course of estate agency work, he has engaged in conduct falling within paragraph (a), (b), (c), (ca) or (cb) of section 3(1); and
(b) were he to engage again in any conduct falling within that paragraph, the OFT would consider him unfit and proceed to make a prohibition order.
(1B) This subsection applies in relation to a person if—
(a) in the course of estate agency work, he has engaged in conduct constituting a failure to comply with—
(i) an undertaking mentioned in section 3(1)(ba); or
(ii) an enforcement order mentioned in section 3(1)(bb); and
(b) were he to fail again to comply with that undertaking or order by engaging in the same or similar conduct, the OFT would consider him unfit and proceed to make a prohibition order.
(1C) This subsection applies in relation to a person if—
(a) in the course of estate agency work, he has engaged in a practice mentioned in section 3(1)(d); and
(b) were he to engage again in that practice, the OFT would consider him unfit and proceed to make a prohibition order.
(3) 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, ”.
(4) 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, ”.
(5) After subsection (3) insert—
(4) In this section “unfit” means unfit as mentioned in subsection (2) of section 3 and “prohibition order” means an order under that section.
59 Contracts concluded away from business premises
(1) The Secretary of State may make regulations entitling a consumer who is a party to a protected contract to cancel the contract.
(2) 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—
(a) during a solicited visit by a trader to the consumer's home or place of work, or to the home of another individual, or
(b) after an offer made by the consumer during such a visit.
(3) A visit is solicited if it is made at the express request of the consumer.
(4) 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).
(5) The regulations may in particular make provision—
(a) as to the circumstances in which the consumer may cancel the contract and the effect of such a cancellation;
(b) requiring the trader to inform the consumer of the matters within paragraph (a);
(c) for the enforcement of any requirement imposed by virtue of paragraph (b).
(6) 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.
(7) “The relevant Directive” means—
(a) 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
(b) if that Directive is repealed and re-enacted (with or without modification), that Directive as re-enacted.
(1) An order or regulations under this Act must be made by statutory instrument.
(2) 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.
(3) Any order or regulations under this Act may—
(a) make provision generally or subject to exceptions or in relation to specified cases or descriptions of case;
(b) make different provision for different cases or circumstances or for different purposes;
(c) provide for a person to exercise a discretion in dealing with any matter;
(d) make incidental, supplementary, consequential, transitory and transitional provision and savings.
(4) 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).
(5) 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.
(6) For this purpose—
“enactment” means—
an Act of Parliament (including, in the case of an order under section 32, this Act),
an Act of the Scottish Parliament,
a Measure or Act of the National Assembly for Wales, or
Northern Ireland legislation,
whenever passed or made;
“modify” has the same meaning as in Part 1.
(7) 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.
(8) The Documentary Evidence Act 1868 (c. 37) (proof of order and regulations etc) has effect as if—
(a) the regulators were included in column 1 of the Schedule to that Act, and
(b) 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.
(9) Nothing in this section applies in relation to a court order under section 26.
(10) In this section “regulator” means—
(a) the Gas and Electricity Markets Authority, ...
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) A requirement or power under this Act to give a notice (or to notify) is a requirement or power to give notice in writing.
(2) 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.
(3) Any power conferred by this Act to give a direction includes power to vary or revoke the direction.
62 Parliamentary control of orders and regulations
(1) Any instrument to which this subsection applies is subject to annulment in pursuance of a resolution of either House of Parliament.
(2) Subsection (1) applies to any order or regulations made by the Secretary of State under any provision of this Act except—
(a) an order or regulations to which subsection (3) applies, or
(b) an order under section 66 (commencement).
(3) 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—
(a) section 4 (“designated consumers”);
(b) section 24(3)(d) (power to specify persons from whom the consumer advocacy bodies may require information);
(c) section 31 (designation of the Consumer Council for Water for abolition);
(d) section 37(1) (conferral of additional functions on Citizens Advice or Citizens Advice Scotland);
(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(f) section 59 (contracts concluded away from business premises), so far as it enables provision to be made modifying an Act of Parliament;
(g) section 60(5) (consequential provision etc), so far as it enables such provision to be made;
(h) section 63(2) (consequential provision etc), so far as it enables such provision to be made.
(4) In subsection (3), “modify” has the same meaning as in Part 1.
63 Minor, consequential and transitional provision
(1) Schedule 7 contains minor and consequential amendments.
(2) 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.
(3) 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.
(4) 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,
whenever passed or made;
“modify” has the same meaning as in Part 1.
(5) 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.
(1) Subject to subsections (2) to (6), this Act extends to England and Wales, Scotland and Northern Ireland.
(2) The following provisions extend to England and Wales and Scotland only—
(a) section 13 (investigation of complaints relating to disconnection of gas or electricity);
(b) section 14 (reference of matters to Gas and Electricity Markets Authority);
(ba) section 19A (guidance for energy consumers);
(c) section 37 (extension of the functions of Citizens Advice and Citizens Advice Scotland).
(3) Sections 31 to 33 (abolition of Consumer Council for Water) extend to England and Wales only.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) Any amendment or repeal made by this Act has the same extent as the enactment to which it relates.
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) This section and sections 60 to 62, 65 and 67 come into force on the day this Act is passed.
(2) 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.
Section 1
Part 1 THE CONSUMER ADVOCACY BODIES
Membership
Terms of appointment and tenure of members
Part 2 Staff of the Council
The Chief Executive
Other staff
The Superannuation Act 1972
Arrangements for assistance
Part 3 Territorial, regional and other committees
Constitution of territorial committees
Regional committees
Constitution of regional committees
Other committees
General provision about committees
Terms of appointment etc
Part 4 Procedure etc
Procedure
Delegation
Application of seal and proof of instruments
Offices
Part 5 Funding and accounts
Funding
Accounts
Part 6 Status etc
Status
Disqualification
Freedom of information
Public records
Parliamentary Commissioner Act 1967
Exemption from liability in damages
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 2 Enforcement of information requirements
Section 25
Gas Act 1986 (c. 44)
1 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) ”.
Electricity Act 1989 (c. 29)
2 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) ”.
Postal Services Act 2000 (c. 26)
3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 3 Abolition of consumer bodies: transitional provision
Section 30
Complaints and investigations functions of Gas and Electricity Consumer Council
1 (1) This paragraph applies to—
(a) any complaint to which section 32(1) of the Gas Act 1986 (c. 44) applies which is referred to the Gas and Electricity Consumer Council before the appointed day;
(b) any matter under investigation by the Gas and Electricity Consumer Council under section 33 of that Act immediately before the appointed day.
(2) 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).
(3) Sub-paragraph (2) applies—
(a) notwithstanding the repeal of sections 32 and 33 of the Gas Act 1986 by this Act, and
(b) whether or not the complaint is within section 11, 12 or 13, or the matter is within section 11.
(4) “The appointed day” is the day on which section 30(1) comes into force.
2 (1) This paragraph applies to—
(a) any complaint to which section 46(1) of the Electricity Act 1989 (c. 29) applies which is referred to the Gas and Electricity Consumer Council before the appointed day;
(b) any matter under investigation by the Gas and Electricity Consumer Council under section 46A of that Act immediately before the appointed day.
(2) 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.
(3) Sub-paragraph (2) applies—
(a) notwithstanding the repeal of sections 46 and 46A of the Electricity Act 1989 by this Act, and
(b) whether or not the complaint is within section 11, 12 or 13, or the matter is within section 11.
(4) “The appointed day” is the day on which section 30(1) comes into force.
Annual reports of the Gas and Electricity Consumer Council
3 (1) 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.
(2) 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.
(3) 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.
(4) 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.
(5) In this paragraph—
“annual report” means a report required by paragraph 6 of Schedule 2 to the Utilities Act 2000 (c. 27);
“financial year” means a year ending with 31 March.
Complaints and investigations functions of Consumer Council for Postal Services
4 (1) This paragraph applies to any matter which, immediately before the appointed day, is under investigation by the Consumer Council for Postal Services under—
(a) section 56(1) of the Postal Services Act 2000 (c. 26) (complaints referred to the Consumer Council for Postal Services), or
(b) section 57 of that Act (power of that Council to investigate other matters).
(2) 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.
(3) Sub-paragraph (2) applies—
(a) notwithstanding the repeal of sections 56 and 57 of the Postal Services Act 2000 by this Act;
(b) whether or not the matter is within section 11 or 16.
(4) “The appointed day” is the day on which section 30(2) comes into force.
Annual reports of the Consumer Council for Postal Services
5 (1) 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.
(2) 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.
(3) 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.
(4) 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.
(5) In this paragraph—
“annual report” means a report required by section 55(1) of the Postal Services Act 2000 (c. 26);
“financial year” means a year ending with 31 March.
Section 35
Preliminary
1 In this Schedule—
“transfer scheme” has the meaning given by section 35;
“transferor” means the body to which section 35 applies and to which the transfer scheme relates.
Contents of transfer schemes
2 (1) 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.
(2) 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—
(a) no such requirement to obtain a person's consent or concurrence,
(b) no such liability in respect of a contravention of any other requirement, and
(c) no such interference with any interest or right,
as there would otherwise be by reason of a provision within sub-paragraph (3).
(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.
3 A transfer scheme may define the property, rights and liabilities to be transferred by specifying them or describing them.
4 A transfer scheme may contain supplementary, incidental, transitional and consequential provision.
Effect of transfers
5 (1) On the day appointed by a transfer scheme the property, rights and liabilities which are the subject of the scheme are transferred to Citizens Advice in accordance with the provisions of the scheme.
(2) 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.
6 (1) 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 Citizens Advice.
(2) A transfer does not affect the validity of anything done by or in relation to the transferor before the transfer takes effect.
(3) There may be continued by or in relation to Citizens Advice 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.
(4) So far as is appropriate in consequence of the transfer, Citizens Advice is substituted for the transferor in any agreement, instrument or other document relating to anything transferred.
Staff
7 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.
8 Where an employee of the transferor becomes an employee of Citizens Advice by virtue of a transfer scheme—
(a) a period of employment with the transferor is to be treated as a period of employment with Citizens Advice, and
(b) the transfer to Citizens Advice is not to be treated as a break in service.
Chargeable gains: asset to be treated as disposed of without a gain or loss
9 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 Citizens Advice for a consideration of such amount as would secure that, on the disposal, neither a gain nor a loss accrues to the transferor.
Continuity in relation to transfer of intangible assets
10 (1) For the purposes of Schedule 29 to the Finance Act 2002 (c. 23)—
(a) a transfer by a transfer scheme of a chargeable intangible asset of the transferor is to be treated as a tax-neutral transfer, and
(b) an intangible fixed asset which is an existing asset of the transferor at the time of the transfer is to be treated, on and after the transfer, as an existing asset in the hands of Citizens Advice.
(2) Expressions used in this paragraph and in that Schedule have the same meanings in this paragraph as in that Schedule.
Corporation Tax Acts
11 So far as it relates to corporation tax, this Schedule is to be construed as one with the Corporation Tax Acts.
Modification of transfer schemes after appointed day
12 (1) If, after the day appointed by a transfer scheme, the transferor and Citizens Advice 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.
(2) An agreement under this paragraph may, in connection with giving effect to modifications to the scheme, include supplementary, incidental, transitional and consequential provision.
SCHEDULE 5 Information relating to compliance with complaints handling standards
Section 45
1 (1) The Gas Act 1986 (c. 44) is amended as follows.
(2) In section 28 (orders for securing compliance with certain provisions), in the definition of “relevant requirement” in subsection (8), after “33D” insert “ , 33DB ”.
(3) After section 33DA insert—
Information relating to complaints handling standards
33DB (1) This section applies in relation to standards prescribed by the Authority by regulations under section 43 of the Consumers, Estate Agents and Redress Act 2007 (standards for complaints handling) in relation to licence holders (or some of them).
(2) The Authority must from time to time collect information with respect to the levels of compliance with the standards which those licence holders have achieved.
(3) At such times as the Authority may direct, each of those licence holders must give the Authority such information as the Authority may direct with respect to the levels of compliance with the standards which the licence holder has achieved.
2 (1) The Electricity Act 1989 (c. 29) is amended as follows.
(2) In section 25 (orders for securing compliance), in the definition of “relevant requirement” in subsection (8), after “42A” insert “ , 42AB ”.
(3) After section 42AA insert—
Information relating to complaints handling standards
42AB (1) This section applies in relation to standards prescribed by the Authority by regulations under section 43 of the Consumers, Estate Agents and Redress Act 2007 (standards for complaints handling) in relation to licence holders (or some of them).
(2) The Authority must from time to time collect information with respect to the levels of compliance with the standards which those licence holders have achieved.
(3) At such times as the Authority may direct, each of those licence holders must give the Authority such information as the Authority may direct with respect to the levels of compliance with the standards which the licence holder has achieved.
3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 53
1 The Estate Agents Act 1979 (c. 38) is amended as follows.
2 After section 23 insert—
Redress schemes
Redress schemes
23A (1) The Secretary of State may by order require persons who engage in estate agency work in relation to residential property (“relevant estate agency work”) to be members of an approved redress scheme for dealing with complaints in connection with that work.
(2) An order may provide for the duty to apply—
(a) only to specified descriptions of persons who engage in estate agency work; and
(b) in relation to any relevant estate agency work carried out by a person to whom the duty applies or only in relation to specified descriptions of work (which may be framed by reference to descriptions of residential property).
(3) An order may also provide for the duty not to apply in relation to complaints of any specified description (which may be framed by reference to a description of person making a complaint).
(4) In subsections (1) and (2)(a), the reference to persons who engage in estate agency work does not include a reference to persons who engage in that work in the course of their employment.
(5) The power to make an order shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(6) Before making an order the Secretary of State must be satisfied that all persons who are to be subject to the duty will be eligible to join a suitable approved redress scheme before the duty applies to them.
For this purpose the Secretary of State may disregard persons who cannot lawfully engage in the relevant estate agency work to which the duty applies.
(7) Nothing in this section prevents an approved redress scheme from providing—
(a) for membership to be open to persons who are not subject to the duty;
(b) for the investigation and determination of any complaints in relation to which the duty does not apply, where the members concerned have voluntarily accepted the jurisdiction of the scheme over those complaints;
(c) for the exclusion from investigation and determination under the scheme of any complaint in such cases or circumstances as may be specified in or determined under the scheme.
(8) For the purposes of this section—
(a) a “redress scheme” is a scheme which provides for complaints against members of the scheme to be investigated and determined by an independent person (“the ombudsman”);
(b) a redress scheme is “approved” if—
(i) it is for the time being approved by the OFT under Schedule 3; or
(ii) it is administered by or on behalf of the Secretary of State and designated by him as an approved redress scheme for the purposes of this section;
(c) a “complaint” is a complaint made by a person by virtue of his being or having been a seller or buyer of residential property;
(d) “seller”, in relation to residential property, means a person who claims that he is or may become interested in disposing of an interest in land in respect of that property (and includes a person who disposes of such an interest);
(e) “buyer”, in relation to residential property, means a person who claims that he is or may become interested in acquiring an interest in land in respect of that property (and includes a person who acquires such an interest).
(9) The Secretary of State may not designate a scheme as an approved redress scheme for the purposes of this section unless the Secretary of State is satisfied that the scheme is one which could be approved by the OFT in accordance with paragraphs 2 to 5 of Schedule 3.
(10) Schedule 3 (which makes further provision in connection with the approval of redress schemes etc.) shall have effect.
(11) In this section—
“order” means an order under subsection (1);
“the duty” means the requirement under an order to be a member of an approved redress scheme.
Enforcement
23B (1) If a duly authorised officer of an enforcement authority other than the OFT believes that a person has engaged (or is engaging) in estate agency work in relation to residential property in breach of the duty imposed by an order under section 23A(1) he may give a penalty charge notice to that person.
(2) A penalty charge notice may not be given after the end of the period of six months beginning with the day (or in the case of a continuing breach the last day) on which the breach of duty was committed.
(3) Schedule 4 (which makes further provision in connection with penalty charge notices) shall have effect.
(4) An enforcement authority other than the OFT must notify the OFT if it believes that a person has engaged (or is engaging) in estate agency work in relation to residential property in breach of the duty imposed by an order under section 23A(1).
Meaning of residential property
23C (1) For the purposes of sections 23A and 23B “residential property”—
(a) has the meaning given by subsection (2); but
(b) does not include land of a description specified in an order made by the Secretary of State for the purposes of this section.
(2) “Residential property” means any land that consists of or includes a building or part of a building—
(a) the whole or part of which is used as a dwelling or as more than one dwelling; or
(b) that is (or is to be) offered for sale on the basis that the whole or part of it is suitable for such use or is intended to be so suitable by the time the seller disposes of his interest in it.
(3) In subsection (2), the reference to a building or part of a building (so far as relating to paragraph (b) of that subsection) includes a reference to a building or part that is being or is to be constructed.
(4) A description of land specified by order under subsection (1)(b) may be framed by reference to the purpose or purposes for which the land (or part of it) is or is intended to be used.
(5) The power to make an order under subsection (1)(b) shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
3 After Schedule 2 insert—
SCHEDULE 3
Redress Schemes
Section 23A(10)
Approval of redress schemes
1 A redress scheme may be approved for the purposes of section 23A by the OFT acting in accordance with paragraphs 2 to 8.
2 (1) A scheme may not be approved unless the OFT considers that—
(a) the provisions of the scheme; and
(b) the manner in which it will be operated (so far as can be judged from facts known to the authority);
are satisfactory for the purposes of section 23A.
(2) Without prejudice to the generality of sub-paragraph (1), a scheme must not be approved unless the OFT considers that it makes satisfactory provision about—
(a) the complaints which may be made under the scheme (which may include complaints about non-compliance with the provisions of a code of practice or other document);
(b) the ombudsman'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 particular complaint);
(c) the redress which the ombudsman may require members to provide to complainants, which must include the types of redress specified in sub-paragraph (3);
(d) the enforcement of any requirement to provide redress imposed on a member in accordance with the scheme.
(3) The types of redress mentioned in sub-paragraph (2)(c) are—
(a) providing an apology or explanation;
(b) paying compensation; and
(c) taking such other actions in the interests of the complainant as the ombudsman may specify.
3 (1) In determining whether a scheme, or any provisions mentioned in paragraph 2(2), are satisfactory the OFT must have regard to—
(a) the interests of members of the scheme and of sellers and buyers of residential properties; and
(b) such principles as—
(i) in the opinion of the OFT constitute generally accepted principles of best practice in relation to consumer redress schemes, and
(ii) it is reasonable to regard as applicable to the scheme.
(2) In considering the interests mentioned in sub-paragraph (1)(a), the OFT may have regard to the number of other redress schemes which are (or are likely to become) approved redress schemes.
4 The OFT must not approve a scheme unless it considers that the scheme makes satisfactory provision about the provision of information by the ombudsman or the scheme administrator to—
(a) persons exercising functions under other approved schemes;
(b) persons exercising functions under other consumer redress schemes; and
(c) the OFT or any other person exercising regulatory functions in relation to the activities of persons engaging in estate agency work.
5 The OFT must not approve a scheme if it considers that the scheme provides for membership to be revoked on any unfair grounds.
Applications for approval to the OFT
6 An application for approval by the OFT of a redress scheme must—
(a) be made in such manner as the OFT may determine; and
(b) be accompanied by such information as the OFT may require.
7 Where the OFT is proposing to refuse an application for approval it must give the applicant a notice stating—
(a) that it is proposing to refuse the application;
(b) the grounds for the proposed refusal; and
(c) that representations about the proposed refusal may be made within such period of not less than 30 days as is specified in the notice.
8 If the OFT decides to refuse an application for approval, it must give the applicant a notice stating—
(a) the OFT's decision to refuse the application; and
(b) the reasons for the decision.
Notification of changes to an approved scheme
9 The scheme administrator of a redress scheme which is approved by the OFT must notify the OFT 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.
Withdrawal of approval by the OFT
10 The OFT may withdraw approval of a redress scheme which is for the time being approved by it.
11 Before withdrawing approval of a scheme, the OFT must give the scheme administrator a notice stating—
(a) that it proposes to withdraw its approval;
(b) the grounds for the proposed withdrawal of approval; and
(c) that representations about the proposed withdrawal may be made within such period of not less than 30 days as is specified in the notice.
12 The OFT must give the scheme administrator a notice stating—
(a) its decision on a proposal to withdraw approval; and
(b) the reasons for its decision.
13 If the OFT decides to withdraw approval of a scheme—
(a) the withdrawal has effect from such date as may be specified in the notice under paragraph 12;
(b) the scheme administrator must give a copy of the notice under paragraph 12 to every member of the scheme.
Revocation of designation by the Secretary of State
14 If the Secretary of State decides to revoke his designation of a scheme for the purposes of section 23A, he must give every member of the scheme a notice stating—
(a) that he has decided to revoke the designation;
(b) the reasons for his decision; and
(c) the date from which the revocation has effect.
Defamation proceedings
15 For the purposes of the law relating to defamation, proceedings under an approved redress scheme in relation to the investigation and determination of a complaint are to be treated in the same way as proceedings before a court.
Interpretation
16 In this Schedule—
“redress scheme” has the meaning given in section 23A(8)(a);
“approved redress scheme” has the meaning given in section 23A(8)(b);
“buyer”, in relation to residential property, has the meaning given in section 23A(8)(e);
“complaint” has the meaning given in section 23A(8)(c);
“ombudsman” means the independent person mentioned in section 23A(8)(a);
“residential property” has the meaning given in section 23C;
“scheme administrator”, in relation to a redress scheme, means the person who administers the scheme;
“seller”, in relation to residential property, has the meaning given by section 23A(8)(d).
4 After Schedule 3 (as inserted by paragraph 3) insert—
SCHEDULE 4
Penalty notices under section 23B(1)
Section 23B(3)
1 A penalty charge notice given to a person under section 23B(1) by a duly authorised officer of an enforcement authority other than the OFT must—
(a) state the officer's belief that that person has committed a breach of the duty imposed by an order under section 23A(1);
(b) give such other particulars of the circumstances as may be necessary to give reasonable notice of the breach of duty;
(c) require that person, within a period specified in the notice—
(i) to pay a penalty charge specified in the notice; or
(ii) to give notice to the enforcement authority that he wishes to review the notice;
(d) state the effect of paragraph 8;
(e) specify the person to whom and the address at which the penalty charge may be paid and the method or methods by which payment may be made; and
(f) specify the person to whom and the address at which a notice requesting a review may be sent (and to which any representations relating to the review may be addressed).
2 The penalty charge specified in the notice shall be of such amount (not exceeding £1,000) as may be prescribed for the time being by regulations made by the Secretary of State.
3 (1) The period specified under paragraph 1(c) must not be less than 28 days beginning with the day after that on which the penalty charge notice was given.
(2) The enforcement authority may extend the period for complying with the requirement mentioned in paragraph 1(c) in any particular case if they consider it appropriate to do so.
4 The enforcement authority may, if they consider that the penalty charge notice ought not to have been given, give the recipient a notice withdrawing the penalty charge notice.
5 (1) If, within the period specified under paragraph 1(c) (or that period as extended under paragraph 3(2)), the recipient of the penalty charge notice gives notice to the enforcement authority requesting a review, the authority shall—
(a) consider any representations made by the recipient and all other circumstances of the case;
(b) decide whether to confirm or withdraw the notice; and
(c) give notice of their decision to the recipient.
(2) A notice under sub-paragraph (1)(c) confirming the penalty charge notice must also state the effect of paragraphs 6(1) to (3) and 8(1) and (3).
(3) If the authority are not satisfied—
(a) that the recipient committed the breach of duty specified in the notice;
(b) that the notice was given within the time allowed by section 23B(2) and complies with the other requirements imposed by or under this Schedule; and
(c) that in the circumstances of the case it was appropriate for a penalty charge notice to be given to the recipient;
they shall withdraw the penalty charge notice.
6 (1) If after a review the penalty charge notice is confirmed by the enforcement authority, the recipient may, within the period of 28 days beginning with the day after that on which the notice under paragraph 5(1)(c) is given, appeal to a county court or, in Scotland, to the sheriff against the penalty charge notice.
(2) The county court or the sheriff may extend the period for appealing against the notice.
(3) Such an appeal must be on one (or more) of the following grounds—
(a) that the recipient did not commit the breach of duty specified in the penalty charge notice;
(b) that the notice was not given within the time allowed by section 23B(2) or does not comply with any other requirement imposed by or under this Schedule; or
(c) that in the circumstances of the case it was inappropriate for the notice to be given to the recipient.
(4) An appeal against a penalty charge notice shall be by way of a rehearing; and the county court or sheriff shall either uphold the notice or quash it.
7 If the penalty charge notice is withdrawn or quashed, the authority shall repay any amount previously paid as a penalty charge in pursuance of the notice.
8 (1) The amount of the penalty charge is recoverable from the recipient of the penalty charge notice as a debt owed to the authority unless—
(a) the notice has been withdrawn or quashed; or
(b) the charge has been paid.
(2) Proceedings for the recovery of the penalty charge may not be commenced before the end of the period mentioned in paragraph 5(1).
(3) And if within that period the recipient of the penalty charge notice gives notice to the authority that he wishes the authority to review the penalty charge notice, such proceedings may not be commenced—
(a) before the end of the period mentioned in paragraph 6(1); and
(b) where the recipient appeals against the penalty charge notice, before the end of the period of 28 days beginning with the day on which the appeal is withdrawn or determined.
9 In proceedings for the recovery of the penalty charge, a certificate which—
(a) purports to be signed by or on behalf of the person having responsibility for the financial affairs of the enforcement authority; and
(b) states that payment of the penalty charge was or was not received by a date specified in the certificate;
is evidence of the facts stated.
10 Section 29 (service of notices etc.) applies in relation to—
(a) any penalty charge notice which is to be given under section 23B(1) by a duly authorised officer of an enforcement authority other than the OFT; and
(b) any notice which is to be given under paragraph 5(1)(c) of this Schedule by such an enforcement authority;
as it applies in relation to any notice which under this Act is to be given to any person by the OFT.
11 The Secretary of State may by regulations make provision supplementary or incidental to the provisions of this Schedule, including in particular provision prescribing—
(a) the form of penalty charge notices or of any other notice mentioned in this Schedule;
(b) circumstances in which penalty charge notices may not be given;
(c) the method or methods by which penalty charges may be paid.
12 Any power to make regulations under this Schedule shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Section 63
Estate Agents Act 1979 (c. 38)
1 In section 3 of the Estate Agents Act 1979 (prohibition orders), in subsection (3) for “paragraphs (c) and (d)” substitute “ paragraphs (ba) to (d) ”.
2 In section 6 of that Act (revocation and variation of orders)—
(a) 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
(b) omit subsection (7).
Gas Act 1986 (c. 44)
4 The Gas Act 1986 is amended as follows.
5 In section 4AB (guidance on social and environmental matters), for subsection (3)(b) substitute—
(b) the Council;
.
6 In section 28 (orders for securing compliance with certain provisions), in subsection (6) for first “and” substitute “ or ”.
Electricity Act 1989 (c. 29)
7 The Electricity Act 1989 is amended as follows.
8 In section 3B (guidance on social and environmental matters), for subsection (3)(b) substitute—
(b) the Council;
.
9 In section 25 (orders for securing compliance), in subsection (6) for first “and” substitute “ or ”.
Water Industry Act 1991 (c. 56)
10 In Schedule 15 to the Water Industry Act 1991 (disclosure of information)—
(a) in Part 1 (persons in respect of whose functions disclosure may be made), at the end insert— “ The National Consumer Council. ”, and
(b) in Part 2 (enactments etc in respect of which disclosure may be made), after the entry for the Railways Act 2005 insert— “ The Consumers, Estate Agents and Redress Act 2007. ”
Taxation of Chargeable Gains Act 1992 (c. 12)
11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Postal Services Act 2000 (c. 26)
12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
17 In Schedule 8 (amendments of enactments), in paragraph 10 for “that Schedule to that Act” substitute “ Schedule 2 to the Parliamentary Commissioner Act 1967 ”.
Utilities Act 2000 (c. 27)
18 The Utilities Act 2000 is amended as follows.
19 In section 4 (forward work programmes)—
(a) in subsection (1) omit—
(i) “and the Council”, and
(ii) “each” (in the second place),
(b) in subsection (3) omit “or the Council”,
(c) in subsection (4) omit “or the Council”,
(d) in subsection (5) omit “or the Council”, and
(e) omit subsection (7).
20 In section 105 (general restrictions on disclosure of information)—
(a) in subsection (5) omit “and” immediately preceding paragraph (l) and after that paragraph insert
, and
(m) the National Consumer Council.
,
(b) in subsection (6), at the end insert—
(x) the Consumers, Estate Agents and Redress Act 2007.
,
(c) in subsection (8) omit—
(i) in paragraph (a) “33DA or”, and “42AA or”, and
(ii) in paragraph (c) “, the Council”, and
(d) after subsection (11) insert—
(11A) Nothing in this section applies to information within section 29(3) of the Consumers, Estate Agents and Redress Act 2007 (application of disclosure regime in Part 9 of the Enterprise Act 2002 to information obtained by the Council).
Warm Homes and Energy Conservation Act 2000 (c. 31)
21 In section 2 (strategy relating to fuel poverty) in subsection (4)(c) for “Gas and Electricity Consumer Council” substitute “ National Consumer Council ”.
Criminal Justice and Police Act 2001 (c. 16)
22 In the Criminal Justice and Police Act 2001 —
(a) 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
(b) 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 ”.
Housing Act 2004 (c. 34)
23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .