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Property Repairs (Prohibition of Cold-calling) Bill

Property Repairs (Prohibition of Cold-calling) Bill





In this Act—

“business” includes a trade or profession;

“consumer” means a person other than a body corporate, who is acting for

purposes which can be regarded as outside his business;


“enforcement authority” means a local weights and measures authority;

“local authority” means—


in relation to England—


a county council,


a district council,



a London borough council,


the Common Council of the City of London in its capacity

as a local authority,


the Council of the Isles of Scilly,


in relation to Wales, a county council or a county borough




in relation to Scotland, a council constituted under section 2 of

the Local Government etc. (Scotland) Act 1994 (c. 39);

a “person linked to a trader” means—


a person acting or claiming or purporting to act in the trader's


name or on his behalf, or


a person in whose name or on whose behalf the trader is acting

or is claiming or purporting so to act;

“prescribed” means prescribed by regulations made by the Secretary of



“property service” means a service consisting of the doing of something

to buildings or land, or fittings, machinery or equipment in or

connected with buildings or land, and including the fixing of things to

buildings or land or, as the case may be, to things so fixed.

“public telecommunications operator” means—



a person authorised, by a licence to which section 9 of the

Telecommunications Act 1984 (c. 12) applies, to run a public

telecommunications system, or


a person to whom the telecommunications code has been

applied pursuant to section 10 of that Act;


“statutory undertaker” means any public gas transporter, water or

sewerage undertaker, any holder of a licence under section 6 of the

Electricity Act 1989 (c. 29), or any public telecommunications operator;

“trader” means a person who is acting for the purpose of his business

whether for profit or not, and anyone acting in the name or on behalf of


such a person, but does not include the following persons—


a local authority,


a government department,


a statutory undertaker acting for the purpose of repairing or

replacing equipment or apparatus provided by them on the


premises concerned, or taking a meter reading,


any other person carrying out functions under any enactment,


a landlord exercising rights under a lease,



Property Repairs (Prohibition of Cold-calling) Bill




a person acting on behalf or at the request of any of the persons

mentioned in paragraphs (a) to (e) above and (if appropriate) in

the circumstances mentioned in those paragraphs,


Corresponding provision for Northern Ireland

An Order in Council under paragraph 1(1) of the Schedule to the Northern


Ireland Act 2000 (c. 1) (legislation for Northern Ireland during suspension of

devolved government) which contains a statement that it is made only for

purposes corresponding to those of this Act.


Short title, commencement and extent


This Act may be cited as the Property Repairs (Prohibition of Cold-calling) Act




This Act shall not come into force until such day as the Secretary of State may

by order made by statutory instrument appoint.


Subject to subsection (4), this Act extends to England, Wales and Scotland.


Section 13 extends to Northern Ireland only.




Property Repairs (Prohibition of Cold-calling) Bill






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Revised 8 March 2004