Consumers, Estate Agents and Redress Bill [HL]

House of Commons

Session 2006 - 07
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Other Bills before Parliament

Consumers, Estate Agents and Redress Bill [HL]

Consumers, Estate Agents and Redress Bill [HL]
Part 1 — The National Consumer Council
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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
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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).
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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
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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);
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(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.
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(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.”
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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—
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(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.
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(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.
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(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;
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“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);
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Consumers, Estate Agents and Redress Bill [HL]
Part 2 — Complaints handling and redress schemes
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“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
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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—
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(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
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meaning as in Part 1 of that Act.
Part 2
Complaints handling and redress schemes
Introductory
42
Interpretation of Part 2
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(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;
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“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

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(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
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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

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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

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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
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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.
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(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);
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(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;
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“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);
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(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.