House of Commons portcullis
House of Commons
Session 2006 - 07
Internet Publications
Other Bills before Parliament

Consumers, Estate Agents and Redress Bill [HL]


Consumers, Estate Agents and Redress Bill [HL]
Part 1 — The National Consumer Council

22

 

respects which functions are exercisable by the Welsh Ministers, those

Ministers, and

(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

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 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

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).

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

to Northern Ireland.

(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

services);

25

(d)   

section 16(1)(b) (investigations relating to public post offices in

Northern Ireland);

(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

consult—

30

(a)   

the Council, and

(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

who—

(a)   

is a non-executive member of the National Consumer Council,

40

and

(b)   

is nominated for the purposes of this subsection by the National

Consumer Council after consultation with the Authority.

 
 

Consumers, Estate Agents and Redress Bill [HL]
Part 1 — The National Consumer Council

23

 

(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

Consumer Council.

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

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—

15

(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.

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

Council.”, and

(b)   

in subsection (5) for “subsection (3) or (4)” substitute “subsections (3) to

30

(4A)”.

Interpretation

41      

Interpretation of Part 1

(1)   

In this Part—

“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

(c. 56);

45

 
 

Consumers, Estate Agents and Redress Bill [HL]
Part 2 — Complaints handling and redress schemes

24

 

“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

under that Part.

(2)   

In this Part—

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

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 (c. 29), have the same

20

meaning as in Part 1 of that Act.

Part 2

Complaints handling and redress schemes

Introductory

42      

Interpretation of Part 2

25

(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;

30

“relevant regulator”, in relation to a regulated provider, means the body

specified in the corresponding entry in column 3 of the table.

 

Regulated provider

Relevant consumer

Relevant regulator

 
 

A person holding a licence under

A person who is a consumer in

The Gas and

 
 

section 7A(1) of the Gas Act 1986

relation to gas supplied by a gas

Electricity Markets

 

35

 

(supply licences).

supplier (within the meaning of

Authority

 
  

Part 1 of that Act).

  
 

A person holding a licence under

A person (other than a gas

The Gas and

 
 

section 7(2) of the Gas Act 1986

licensee) who is a consumer in

Electricity Markets

 
 

(transportation licences).

relation to services provided by

Authority

 

40

  

a gas transporter (within the

  
  

meaning of Part 1 of that Act).

  
 
 

Consumers, Estate Agents and Redress Bill [HL]
Part 2 — Complaints handling and redress schemes

25

 
 

Regulated provider

Relevant consumer

Relevant regulator

 
 

A person holding a licence under

A person who is a consumer in

The Gas and

 
 

section 6(1)(d) of the Electricity Act

relation to electricity supplied

Electricity Markets

 
 

1989 (c. 29) (supply licences).

by an electricity supplier (within

Authority

 
  

the meaning of Part 1 of that

  

5

  

Act).

  
 

A person holding a licence under

A person (other than an

The Gas and

 
 

section 6(1)(c) of the Electricity Act

electricity licensee) who is a

Electricity Markets

 
 

1989 (distribution licences).

consumer in relation to services

Authority

 
  

provided by an electricity

  

10

  

distributor (within the meaning

  
  

of Part 1 of that Act).

  
 

A person holding a licence under Part

A person who is a consumer in

The Postal Services

 
 

2 of the Postal Services Act 2000 (c. 26).

relation to relevant postal

Commission

 
  

services (within the meaning of

  

15

  

section 41).

  
 

A water undertaker, sewerage

A person who is a consumer in

The Water Services

 
 

undertaker or licensed water supplier.

relation to services provided by

Regulation Authority

 
  

a water undertaker, sewerage

  
  

undertaker or licensed water

  

20

  

supplier in its capacity as such.

  
 

(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

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

(4)   

In this section—

“electricity licensee” means—

(a)   

an electricity supplier (within the meaning of Part 1 of the

Electricity Act 1989);

(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

“gas licensee” means—

(a)   

a gas supplier (within the meaning of Part 1 of the Gas Act 1986

(c. 44));

(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.

 
 

 
previous section contents continue
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries

© Parliamentary copyright 2007
Revised 8 February 2007