House of Commons Hansard Debates for 16 Jan 1992

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(9) Where the Council includes any recommendation in a report under this section, the report shall give the Council's reasons for making the recommendation.

(10) Where--

(a) a report is sent to any electricity supplier under subsection (6) above ; and

(b) the report includes a recommendation directed to that supplier,

he shall have regard to it and notify the Council of the action which he has taken, or proposes to take, to comply with the recommendation.

(11) Where an electricity supplier fails to comply (whether wholly or partly) with a recommendation under subsection (7) above the Council shall refer the matter to the Director.".'.

New clause 34-- Electricity Act 1989 (functions of director) -- In section 47 of the Electricity Act 1989 (general functions of Director) subsection (4) shall cease to have effect.'.

New clause 35-- Electricity Act 1984 (duty of consumers' council to advise Director) --

For section 51 of the Electricity Act 1989 (general duty of consumers' committees to advise director etc.) there shall be substituted--.

"It shall be the duty of the Council to keep under review matters affecting the interests of consumers of electricity supplied to premises and to advise the Secretary of State, or as the case may be, the Director on any matter which--

(a) appears to it to affect the interests of consumers or potential consumers of electricity ; and

(b) is referred to it by the Secretary of State or the Director or is a matter on which it considers it should offer advice.".'. New clause 36-- Electricity Act 1989 (reports of consumers' committees) --

For section 52 of the Electricity Act 1989 (periodical and other reports of consumers' committees) there shall be substituted-- "52. ----(1) The Council shall, as soon as practicable after the end of each calendar year, make to the Director and to the Secretary of State a report on its activities during that year.

(2) Each report shall include a statement of the matters on which, during the year to which it relates, the Council has advised the Secretary of State or the Director under section X above. (3) The Council shall arrange for every such report to be published in such a manner as it considers appropriate.

(4) In making any such report, the Council shall have regard to the need for excluding, so far as that is practicable--

(a) any matter which relates to the affairs of an individual where the publication of that matter would or might in the opinion of the Council, seriously and prejudicially affect the interests of that individual ; and

(b) any matter which relates specifically to the affairs of a particular body of persons, whether corporate or unincorporate, where publication of that matter would or might, in the opinion of the Council, seriously and prejudicially affect the interests of that body.".'.

New clause 37-- Electricity Act 1989 (National Consumers' Consultative Council)--

Section 53 of the Electricity Act 1989 (the National Consumers' Consultative Committee) shall cease to have effect.'.

New clause 38-- Electricity Act 1989 (Abolition of Consumers' Council)--

In section 54 of the Electricity Act 1989 (abolition of Consumers' etc. Councils) the following paragraphs shall be inserted after paragraph (c)--

"(d

(the consumers' councils established under this Act ; and) (

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(e) the National Consumers' Consultative Committee.".'.

New clause 39-- Electricity Act 1984 (Schedule 2)--

Schedule 2 of the Electricity Act 1989 shall cease to have effect.'.

New clause 40-- Telecommunications Act 1984 (investigation of complaints)--

In section 49 of the Telecommunications Act 1984 (investigation of complaints) the following paragraph shall be inserted in subsection (1) after paragraph (b)--

" ; or

New clause 41-- Telecommunications Act 1984 (Telecommunications' Consumers Council) --

For section 54 of the Telecommunications Act 1984 there shall be substituted--

"The Telecommunications Consumers' Council.

54.--(1) There shall be a body corporate to be known as the Telecommunications Consumers' Council (in this Part referred to as the Council') for the purpose of performing the functions assigned to it by this Part.

(2) The Council shall consist of a chairman and such other members as the Secretary of State may from time to time appoint.

(3) In appointing members for the Council, the Secretary of State shall so far as practicable, ensure--

(a) that the members of the Council include members who, by reason of their familiarity with the special requirements and circumstances of the different areas of Great Britain or of small businesses, are able together to represent the interests of consumers of telecommunication services in all those areas and such businesses ; and

(b) that the interests of consumers of telecommunication services in different areas are represented by different members wherever that appears to the Secretary of State to be appropriate having regard to the manner in which the various parts of the telecommunication services in Great Britain organise themselves.

(4) In appointing members for the Council, the Secretary of State shall have regard to the desirability of appointing persons who have experience in or knowledge of activities connected with telecommunication services.

(5) A member of the Council shall hold and vacate office in accordance with the terms of the instrument appointing him and shall, on ceasing to hold office, be eligible for re-appointment. (6) The provisions of Schedule X to this Act shall have effect with respect to the Council.".'.

New clause 42-- Telecommunications Act 1984 (duty of Council) -- The following section shall be inserted in the Telecommunications Act 1984, after section 54--

--"Duty of the Council

54A.--It shall be the duty of the Council to keep under review matters affecting the interests of consumers of telecommunication services and to advise the Secretary of State, or as the case may be, the Director on any matter which

(a) appears to it to affect the interests of consumers or potential consumers of telecommunication services ; and

(b) is referred to it by the Secretary of State or the Director or is a matter on which it considers it should offer advice.".'. New clause 43-- Telecommunications Act 1984 (annual and other reports)--

The following section shall be inserted in the Telecommunications Act 1984, after section 54A--

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--"Annual and other reports

54B.--(1) The Council shall, as soon as practicable after the end of each calendar year, make to the Director and to the Secretary of State a report on its activities during that year.

(2) Each report shall include a statement of the matters on which, during the year to which it relates, the Council has advised the Secretary of State or the Director under section 54A above. (3) The Council shall arrange for every such report to be published in such a manner as it considers appropriate.

(4) In making any such report, the Council shall have regard to the need for excluding, so far as that is practicable--

New clause 44-- Telecommunications Act 1984 (information by Director)--

The following section shall be inserted in the Telecommunications Act 1984, after section 54B--

--"Information to be furnished by the Director

54C.--The Director shall give information collected by or furnished to him under section 27C above to the Council, with a view to facilitating the exercise of the Council's functions under this Part.".'.

New clause 45-- Telecommunications Act 1984 (Investigation of complaints by Council)--

The following section shall be inserted in the Telecommunications Act 1984, after section 54C--

"Investigation of complaints by the Council.

-- --54D. ----(1) It shall be the duty of the Council to investigate any matter to which subsection (2) below applies and which is the subject of a representation (other than one appearing to the Council to be frivolous) made to the Council by or on behalf of a person appearing to the Council to have an interest in that matter. (2) This subsection applies to--

(a) any matter in respect of which any functions of the Director under this Part are or may be exercisable ;

(b) any matter which relates to telecommunication services provided or telecommunication apparatus supplied in the United Kingdom ; and (c) any matter which relates to the supply of telecommunications and in respect of which any functions of the Director General of Fair Trading under the Fair Trading Act 1973 or the Competition Act 1980 are or may be exercisable.

(3) Where on an investigation under subsection (1) above any matter appears to the Council to be a matter falling within subsection (2) above in respect of which it would be appropriate for the Director General of Fair Trading to exercise any functions under this Part, the Council shall refer that matter to the Director with a view to his exercising those functions with respect to that matter. (4) Where under an investigation under subsection (1) above any matter appears to the Council to be a matter falling within paragraph (a) of subsection (2) above the Council may prepare a written report on that matter and shall (subject to section 48 below) send a copy of any such report to--

(a) any person to whom the report refers or who (whether or not he has made a representation to the Council) appears to the Council to have an interest in the matter to which the report relates ;

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(b) the Director General of Fair Trading or any person whose functions under any enactment appear to the Council to be exercisable in relation to that matter ;

(c) any person who appears to the Council to be a person who ought to take account of the report in determining how to act in relation to that matter ;

(d) the Director.

(5) In reporting on a matter under subsection (4), the Council may recommend--

(a) that the matter be reconsidered by the telecommunications supplier concerned ;

(b) that the Director consider exercising any of his functions under this Part.

(6) More than one recommendation may be included in a report under this section.

(7) Where the Council includes any recommendation in a report under this section, the report shall give the Council's reasons for making the recommendation.

(8) Where--

(a) a report is sent to any telecommunications supplier under subsection (6) above ; and

(b) the report includes a recommendation directed to that supplier,

he shall have regard to it and notify the Council of the action which he has taken, or proposes to take, to comply with the recommendation.

(9) Where a telecommunications supplier fails to comply (whether wholly or partly) with a recommendation under subsection (5) above the Council shall refer the matter to the Director.".'.

New clause 46-- Telecommunications Act 1984 (Advisory Bodies)-- Section 54 of the Telecommunications Act 1984 (power to establish advisory bodies) shall cease to have effect.'.

New clause 47-- Telecommunications Act 1984 (Advisory Bodies) (No. 2)--

The advisory bodies established under the Telecommunications Act 1984 shall cease to have effect.'.

New clause 48-- Water Industry Act 1991 (Customer Services Committee)--

-. (1) Section 28 of the Water Industry Act 1991 (customer services committees) shall be amended as follows.

(2) In subsection (1) for the word "Director" in each place it occurs there shall be substituted the words "Secretary of State". (3) In subsection (3) for "Director" there shall be substituted "Secretary of State".

(4) For subsection (4) there shall be substituted--

"(4) A customer services committee shall consist of--

(a) a chairman appointed by the Secretary of State ; and (b) such members (not less than ten nor more than twenty) of other members appointed by the Secretary of State as he may determine :" (5) In subsection (5) for the word "Director" in each place where it occurs there shall be substituted the words "Secretary of State ".'.

New clause 49-- Water Industry Act 1991 (duties of customer services committees)--

--. (1) Section 29 of the Water Industry Act 1991 (duties of customer services committees) shall be amended as follows. (2) The following paragraph shall be inserted after paragraph (c) of subsection (1)--

"and

(d) to advise the Secretary of State or as the case may be, the Director on any such matter as the committee considers appropriate.".

(3) In subsection (2) the words "Subject to subsection (3) below," shall cease to have effect.

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(4) In subsection (3) for "refer to the Director" there shall be substituted "investigate".

(5) Subsections (4) to (6) shall cease to have effect.

(6) The following subsections shall be inserted after subsection (3)--

"(3A) Where under an investigation of a complaint under this section any matter appears to the committee to be a matter falling under paragraphs (a) or (b) of subsection (3) above the committee may prepare a written report on that matter and shall (subject to section ( ) below) send a copy of any such report to--

(a) any person to whom the report refers or who (whether or not he has made a representation to the committee) appears to the committee to have an interest in the matter to which the report relates ; (b) the Director General of Fair Trading or any person whose functions under any enactment appear to the committee to be exercisable in relation to that matter ;

(c) any person who appears to the committee to be a person who ought to take account of the report in determining how to act in relation to that matter ;

(d) the Director.

(6B) In reporting on a matter under subsection (6A), the committee may recommend--

(a) that the matter be reconsidered by the company concerned ; (b) that the Director consider exercising any of his functions under this Part.

(6C) More than one recommendation may be included in a report under this section.

(6D) Where the committee includes any recommendation in a report under this section, the report shall give the committee's reasons for making the recommendation.

(6F) Where--

(a) a report is sent to any company under subsection (6A) above ; and

(b) the report includes a recommendation directed to that company, the company shall have regard to it and notify the committee of the action which it has taken, or proposes to take, to comply with the recommendation.

(6G) Where a company fails to comply (whether wholly or partly) with a recommendation under subsection (6B) above the committee shall refer the matter to the Director.".'.

New clause 50-- Water Act 1991 (Other functions of consumer services committees) --

The following section shall be inserted in the Water Industry Act 1991, after section 29--

"Other functions of consumer service committees.

29A. ----(1) Every consumer committee shall, as soon as practicable after the end of each calendar year, make to the Director and to the Secretary of State a report on its activities during that year. (2) Each report shall include a statement of the matters on which, during the year to which it relates, the committee has advised the Secretary of State or the Director under section 29 above. (3) The committee shall arrange for every such report to be published in such a manner as it considers appropriate.

(4) In making any such report, the committee shall have regard to the need for excluding, so far as that is practicable

(a) any matter which relates to the affairs of an individual where the publication of that matter would or might in the opinion of the committee, seriously and prejudicially affect the interests of that individual ; and

(b) any matter which relates specifically to the affairs of a particular body of persons, whether corporate or unincorporate, where publication of that matter

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