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CHAPTER III |
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FUNCTIONS OF THE GAS AND ELECTRICITY CONSUMER COUNCIL |
| Preliminary. |
17. - (1) In this Chapter-
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"consumers" includes both existing consumers and future consumers; |
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"the interests of consumers" means the interests of consumers in relation to gas conveyed through pipes or electricity conveyed by distribution systems; and |
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"consumer matter" means any matter connected with the interests of consumers. |
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(2) In considering the interests of consumers the Council shall have regard to the interests of-
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(a) individuals who are disabled or chronically sick; |
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(b) individuals of pensionable age; |
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(c) individuals with low incomes; and |
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(d) individuals residing in rural areas,
but that is not to be taken as implying that regard may not be had to the interests of other descriptions of consumer. |
| Acquisition and review of information. |
18. - (1) The Council has the function of obtaining and keeping under review-
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(a) information about consumer matters, including matters affecting consumers in different areas of Great Britain; and |
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(b) information about the views of consumers on such matters, including the views of consumers in different areas. |
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(2) As part of the arrangements it makes for carrying out that function, the Council-
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(a) shall establish one or more committees of the Council for, or for areas within, Wales and Scotland; and |
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(b) may establish one or more committees of the Council for, or for areas within, England. |
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(3) The purposes of a committee established under subsection (2) (in this Act referred to as a "regional committee") shall be-
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(a) the provision of advice and information to the Council on consumer matters affecting the area for which the committee is established; and |
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(b) such other purposes as the Council may determine. |
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(4) The Council shall maintain in each of England, Wales and Scotland at least one office at which consumers may apply for information.
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(5) After section 41H of the 1986 Act (which is inserted by section 85 below) there is inserted-
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| "Service by Authority of certain notices on Council. |
41I. Where the Authority is required by any provision of this Part to publish a notice or any other document, the Authority shall send a copy of the document to the Council".
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(6) Before section 57 of the 1989 Act (restriction on disclosure of information) there is inserted-
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| "Service by Authority of certain notices on Council. |
56G. Where the Authority is required by any provision of this Part to publish a notice or any other document, the Authority shall send a copy of the document to the Council".
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(7) Paragraphs 10 to 14 of Schedule 2 have effect in relation to regional committees.
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| Provision of advice and information to public authorities and other persons. |
19. - (1) The Council has the function of-
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(a) making proposals, or providing advice and information, about consumer matters (including matters affecting consumers in different areas), and |
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(b) representing the views of consumers on such matters (including the views of consumers in different areas),
to public authorities, persons authorised by a licence or exemption under the 1986 Act or the 1989 Act and other persons whose activities may affect the interests of consumers. |
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(2) Subject to subsection (5), information which relates to the affairs of any particular individual or body of persons (corporate or unincorporate) shall not be disclosed in the exercise of the Council's function under this section unless one or more of paragraphs (a) to (c) of subsection (3) applies to the information.
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(3) Information relating to a particular individual or body may be disclosed if-
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(a) the individual or body has consented to the disclosure; |
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(b) it is information that is available to the public from some other source; or |
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(c) it is not information the disclosure of which would or might, in the opinion of the Council, seriously and prejudicially affect the interests of the individual or body. |
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(4) Before deciding to disclose any information relating to a particular individual or body in pursuance of subsection (3)(c), the Council shall-
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(a) consult that individual or body; and |
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(b) have regard to any opinion expressed by the Authority as to the application of subsection (3)(c) to the information or as to the desirability or otherwise of its disclosure;
and paragraph (b) applies whether the opinion is given in relation to the information itself or to information of a description which applies to that information. |
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(5) Subsections (2) to (4) do not apply to a disclosure of information which is made to the Authority, the Secretary of State, the Competition Commission or any other public authority.
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(6) The disclosure by the Council of information in the exercise of its function under this section does not contravene section 42 of the 1986 Act or section 57 of the 1989 Act.
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| Provision of information to consumers. |
20. - (1) The Council has the function of providing information about consumer matters, in such form as appears to the Council to be most useful to the recipients, to consumers of electricity or gas supplied by persons authorised to do so by a licence or exemption.
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(2) That function may be exercised by-
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(a) publishing information in any manner the Council thinks appropriate for the purpose of bringing it to the attention of those likely to be interested; or |
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(b) furnishing information to any consumer (whether in response to a request or otherwise). |
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(3) Information may only be disclosed in the exercise of that function if it is information that is available to the public from some other source.
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(4) After section 33D of the 1986 Act there is inserted-
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| "Publication of statistical information about standards of performance. |
33DA. - (1) It shall be the duty of the Council to publish, in such form and manner and with such frequency as it thinks appropriate, such statistical information as it considers appropriate in relation to-
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(a) the levels of performance achieved by gas suppliers and gas transporters in respect of- |
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(i) standards of performance prescribed or determined under sections 33A, 33AA, 33B and 33BA; and
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(ii) energy efficiency targets under section 33BC; and
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(b) complaints made by consumers about any matter relating to the activities of such suppliers or transporters and the handling of such complaints. |
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(2) In subsection (1)(b) "complaints" includes complaints made directly to gas suppliers and gas transporters (or anyone carrying on activities on their behalf) and complaints to the Authority or the Council."
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(5) After section 42A of the 1989 Act there is inserted-
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| "Publication of statistical information about standards of performance. |
42AA. - (1) It shall be the duty of the Council to publish, in such form and manner and with such frequency as it thinks appropriate, such statistical information as it considers appropriate relating to-
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(a) the levels of performance achieved by electricity suppliers and electricity distributors in respect of- |
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(i) standards of performance prescribed or determined under sections 39, 39A, 40 and 40A; and
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(ii) energy efficency targets under section 41A; and
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(b) complaints made by consumers about any matter relating to the activities of such suppliers or distributors and the handling of such complaints. |
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(2) In subsection (1)(b) "complaints" includes complaints made directly to electricity suppliers and electricity distributors (or anyone carrying on activities on their behalf) and complaints to the Authority or the Council."
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(6) In consequence of this section, section 33C(4) and (5) of the 1986 Act and section 42(4) and (5) of the 1989 Act shall cease to have effect.
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| Power to publish advice and information about consumer matters. |
21. - (1) If it appears to the Council that the publication of any advice and information about consumer matters (including information about the views of consumers on such matters) would promote the interests of consumers, the Council may publish that advice or information in such manner as it thinks fit.
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(2) Information which relates to the affairs of any particular individual or body of persons (corporate or unincorporate) shall not be published under this section unless one or more of paragraphs (a) to (c) of subsection (3) applies to the information.
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(3) Information relating to a particular individual or body may be published if-
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(a) that individual or body has consented to the publication; |
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(b) it is information that is available to the public from some other source; or |
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(c) it is not information the publication of which would or might, in the opinion of the Council, seriously and prejudicially affect the interests of that individual or body. |
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(4) Before deciding to publish any information relating to a particular individual or body in pursuance of subsection (3)(c), the Council shall-
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(a) consult that individual or body; and |
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(b) have regard to any opinion expressed by the Authority as to the application of subsection (3)(c) to the information or as to the desirability or otherwise of its publication;
and paragraph (b) applies whether the opinion is given in relation to the information itself or to information of a description which applies to that information. |
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(5) The publication by the Council of information under this section does not contravene section 42 of the 1986 Act or section 57 of the 1989 Act.
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