|
| |
|
respects which functions are exercisable by the Welsh Ministers, those |
| |
| |
(c) | such other persons as the Secretary of State considers appropriate. |
| |
(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 |
| 5 |
| |
(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 a Measure of the Assembly (or, if the order is made after the Assembly Act |
| |
provisions come into force, an Act of the Assembly) may only be made with the |
| 10 |
| |
(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). |
| |
38 | Removal of the Council’s functions in relation to Northern Ireland |
| |
(1) | This section applies where the Secretary of State is satisfied that satisfactory |
| 15 |
arrangements are in place for a body (other than the Council) to exercise |
| |
functions corresponding to the functions exercisable by the Council in relation |
| |
| |
(2) | The Secretary of State may by order repeal— |
| |
(a) | section 1(2)(c) (requirement to establish and maintain the Northern |
| 20 |
Ireland Postal Services Committee); |
| |
(b) | section 2(1)(c) (functions which the Northern Ireland Postal Services |
| |
Committee is authorised to exercise); |
| |
(c) | section 3(2)(b) (Northern Ireland consumers of relevant postal |
| |
| 25 |
(d) | section 16(1)(b) (investigations relating to public post offices in |
| |
| |
(e) | any other provision of this Part, so far as it extends to Northern Ireland. |
| |
(3) | Before making an order under this section, the Secretary of State must |
| |
| 30 |
| |
(b) | such other persons as the Secretary of State considers appropriate. |
| |
Representation on other consumer panels |
| |
39 | The Financial Services Consumer Panel |
| |
In section 10 of the Financial Services and Markets Act 2000 (c. 8) (the |
| 35 |
Consumer Panel), after subsection (5) insert— |
| |
“(5A) | The Secretary of State may direct the Authority to appoint as a member |
| |
of the Consumer Panel a person specified by the Secretary of State |
| |
| |
(a) | is a non-executive member of the National Consumer Council, |
| 40 |
| |
(b) | is nominated for the purposes of this subsection by the National |
| |
Consumer Council after consultation with the Authority. |
| |
|
| |
|
| |
|
(5B) | Only one person may, at any time, be a member of the Consumer Panel |
| |
appointed in accordance with a direction under subsection (5A); but |
| |
that does not prevent the Authority appointing as a member of the |
| |
Consumer Panel any person who is also a member of the National |
| |
| 5 |
(5C) | A person appointed in accordance with a direction under subsection |
| |
(5A) ceases to be a member of the Panel on ceasing to be a non- |
| |
executive member of the National Consumer Council.” |
| |
40 | The OFCOM Consumer Panel |
| |
In section 17 of the Communications Act 2003 (c. 21) (membership etc of the |
| 10 |
| |
(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 |
| |
| 15 |
(a) | is a non-executive member of the National Consumer |
| |
| |
(b) | is nominated for the purposes of this subsection by the |
| |
National Consumer Council after consultation with |
| |
| 20 |
(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. |
| 25 |
(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 |
| |
| |
(b) | in subsection (5) for “subsection (3) or (4)” substitute “subsections (3) to |
| 30 |
| |
| |
41 | Interpretation of Part 1 |
| |
| |
“distribution system” has the meaning given by section 4(4) of the |
| 35 |
Electricity Act 1989 (c. 29); |
| |
“financial year” (except in Schedule 3) means— |
| |
(a) | the period beginning with the day on which the Council is |
| |
established and ending with the next following 31 March, and |
| |
(b) | each successive period of 12 months; |
| 40 |
“functions” includes powers and duties; |
| |
“gas” has the meaning given by section 48(1) of the Gas Act 1986 (c. 44); |
| |
“licensed water supplier” means a company holding a water supply |
| |
licence under Chapter 1A of Part 2 of the Water Industry Act 1991 |
| |
| 45 |
|
| |
|
| |
|
“modify” includes amend, add to, revoke or repeal (and references to |
| |
“modification” are to be read accordingly); |
| |
“postal services” has the same meaning as in the Postal Services Act 2000 |
| |
(c. 26) (see section 125(1) of that Act); |
| |
“regulatory body” means a person who exercises regulatory functions in |
| 5 |
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; |
| |
“relevant postal services” means any postal services provided in |
| |
connection with the provision of a universal postal service (within the |
| 10 |
meaning of the Postal Services Act 2000) and any other postal services |
| |
which are provided, or authorised or required to be provided, by a |
| |
licence holder under Part 2 of that Act in accordance with a licence |
| |
| |
| 15 |
(a) | expressions used, as regards matters relating to gas, which are defined |
| |
in section 48 of the Gas Act 1986 (c. 44) have the same meaning as in |
| |
| |
(b) | expressions used, as regards matters relating to electricity, which are |
| |
defined in section 64 of the Electricity Act 1989 (c. 29), have the same |
| 20 |
meaning as in Part 1 of that Act. |
| |
| |
Complaints handling and redress schemes |
| |
| |
42 | Interpretation of Part 2 |
| 25 |
| |
“regulated provider” means a person within an entry in column 1 of the |
| |
| |
“relevant consumer”, in relation to a regulated provider, means a person |
| |
within the corresponding entry in column 2 of the table; |
| 30 |
“relevant regulator”, in relation to a regulated provider, means the body |
| |
specified in the corresponding entry in column 3 of the table. |
| |
| | | | | | | A person holding a licence under |
| A person who is a consumer in |
| | | | | section 7A(1) of the Gas Act 1986 |
| relation to gas supplied by a gas |
| | | 35 | | | supplier (within the meaning of |
| | | | | | | | | | | A person holding a licence under |
| A person (other than a gas |
| | | | | section 7(2) of the Gas Act 1986 |
| licensee) who is a consumer in |
| | | | | (transportation licences). |
| relation to services provided by |
| | | 40 | | | a gas transporter (within the |
| | | | | | meaning of Part 1 of that Act). |
| | | |
|
|
| |
|
| |
|
| | | | | | | A person holding a licence under |
| A person who is a consumer in |
| | | | | section 6(1)(d) of the Electricity Act |
| relation to electricity supplied |
| | | | | 1989 (c. 29) (supply licences). |
| by an electricity supplier (within |
| | | | | | the meaning of Part 1 of that |
| | | 5 | | | | | | | | A person holding a licence under |
| | | | | | section 6(1)(c) of the Electricity Act |
| electricity licensee) who is a |
| | | | | 1989 (distribution licences). |
| consumer in relation to services |
| | | | | | provided by an electricity |
| | | 10 | | | distributor (within the meaning |
| | | | | | | | | | | A person holding a licence under Part |
| A person who is a consumer in |
| | | | | 2 of the Postal Services Act 2000 (c. 26). |
| relation to relevant postal |
| | | | | | services (within the meaning of |
| | | 15 | | | | | | | | A water undertaker, sewerage |
| A person who is a consumer in |
| | | | | undertaker or licensed water supplier. |
| relation to services provided by |
| | | | | | a water undertaker, sewerage |
| | | | | | undertaker or licensed water |
| | | 20 | | | supplier in its capacity as such. |
| | | |
|
|
| |
“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 |
| 25 |
as a relevant consumer in relation to the regulated provider; |
| |
“licensed water supplier” has the same meaning as in Part 1; |
| |
“regulator” means a body listed in column 3 of the table. |
| |
(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. |
| 30 |
| |
“electricity licensee” means— |
| |
(a) | an electricity supplier (within the meaning of Part 1 of the |
| |
| |
(b) | an electricity distributor (within the meaning of that Part); |
| 35 |
(c) | 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; |
| 40 |
| |
(a) | a gas supplier (within the meaning of Part 1 of the Gas Act 1986 |
| |
| |
(b) | a gas transporter (within the meaning of that Part); |
| |
(c) | a gas shipper (within the meaning of that Part); |
| 45 |
(d) | 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. |
| |
|
| |
|