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Consumers, Estate Agents and Redress Bill [HL]


Consumers, Estate Agents and Redress Bill [HL]
Part 4 — Miscellaneous and general

40

 

(h)   

section 63(2) (consequential provision etc), so far as it enables such

provision to be made.

(4)   

In subsection (3), “modify” has the same meaning as in Part 1.

Amendments, transitional provision and repeals

63      

Minor, consequential and transitional provision

5

(1)   

Schedule 7 contains minor and consequential amendments.

(2)   

The Secretary of State may by order make such consequential, supplementary,

incidental, transitory or transitional provision or savings (including provision

modifying any provision made by or under an enactment) as the Secretary of

State considers necessary or expedient in connection with the coming into force

10

of any provision made by or under this Act.

(3)   

An order under this section may make such adaptations of provisions of this

Act brought into force as appear to be necessary or expedient in consequence

of other provisions of this Act not yet having come into force.

(4)   

In this section—

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“enactment” means—

(a)   

an Act of Parliament,

(b)   

an Act of the Scottish Parliament,

(c)   

a Measure or Act of the National Assembly for Wales, or

(d)   

Northern Ireland legislation,

20

whenever passed or made;

“modify” has the same meaning as in Part 1.

(5)   

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

Act of that Parliament.

25

64      

Repeals

Schedule 8 contains repeals (including repeals of spent provisions).

General

65      

Extent

(1)   

Subject to subsections (2) to (6), this Act extends to England and Wales,

30

Scotland and Northern Ireland.

(2)   

The following provisions extend to England and Wales and Scotland only—

(a)   

section 13 (investigation of complaints relating to disconnection of gas

or electricity);

(b)   

section 14 (reference of disputes to Gas and Electricity Markets

35

Authority);

(c)   

section 37 (extension of the Council’s functions: Great Britain).

(3)   

Sections 31 to 33 (abolition of Consumer Council for Water) extend to England

and Wales only.

 
 

Consumers, Estate Agents and Redress Bill [HL]
Part 4 — Miscellaneous and general

41

 

(4)   

Section 43 (standards for handling complaints) extends to Northern Ireland,

but only to the extent that it applies to the Postal Services Commission.

(5)   

Section 47 (membership of redress scheme) extends to Northern Ireland, but

only to the extent that it applies in relation to regulated providers (within the

meaning of Part 2) holding a licence under section 2 of the Postal Services Act

5

2000 (c. 26).

(6)   

Any amendment or repeal made by this Act has the same extent as the

enactment to which it relates.

(7)   

This section is subject to any provision made under section 38 (removal of the

Council’s functions in relation to Northern Ireland).

10

66      

Commencement

(1)   

This section and sections 60 to 62, 65 and 67 come into force on the day this Act

is passed.

(2)   

Subject to that, the provisions of this Act come into force on such day as may

be appointed by order of the Secretary of State.

15

67      

Short title

(1)   

This Act may be cited as the Consumers, Estate Agents and Redress Act 2007.

(2)   

Nothing in this Act shall impose any charge on the people or on public

funds, or vary the amount or incidence of or otherwise alter any such charge

in any manner, or affect the assessment, levying, administration or

20

application of any money raised by any such charge.

 
 

42

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

 

Schedules

Schedule 1

Section 1

 

The National Consumer Council

Part 1

Members of the Council

5

Membership

1     (1)  

The Council is to consist of the following members—

(a)   

a chairman (“the Council Chairman”) appointed by the Secretary of

State,

(b)   

the chairman of each territorial committee, and

10

(c)   

such other members as may be appointed by the Secretary of State.

      (2)  

In this Schedule—

(a)   

references to executive members of the Council are to the members

of the Council appointed from the staff of the Council, and

(b)   

references to non-executive members of the Council are to the

15

members of the Council who are not executive members.

      (3)  

The Council Chairman must be a non-executive member of the Council.

      (4)  

The persons appointed under sub-paragraph (1)(c) may include one or both

of the following—

(a)   

a member of the Consumer Panel established by the Financial

20

Services Authority under the Financial Services and Markets Act

2000 (c. 8) nominated for the appointment by that Panel after

consultation with the Council Chairman and the Financial Services

Authority;

(b)   

a member of the Consumer Panel established by the Office of

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Communications under the Communications Act 2003 (c. 21)

nominated for the appointment by that Panel after consultation with

the Council Chairman and the Office of Communications.

      (5)  

Nothing in sub-paragraph (4) prevents the Secretary of State from

appointing under sub-paragraph (1)(c) a person who is a member of either

30

Panel but is not the subject of a nomination for the purposes of sub-

paragraph (4).

      (6)  

A person may be appointed under sub-paragraph (1)(c) only if—

(a)   

in the case of an appointment of a non-executive member, the

Secretary of State has consulted the Council Chairman about the

35

appointment;

 

 

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

43

 

(b)   

in the case of an appointment of an executive member, the person has

been nominated by the Council Chairman for appointment to the

Council.

      (7)  

In making appointments to the Council under sub-paragraph (1)(c) the

Secretary of State must secure that a majority of the members of the Council

5

are non-executive members.

      (8)  

In making appointments to the Council, the Secretary of State must have

regard to the desirability of including among the members of the Council

one or more persons with experience of work among, and the special needs

of, disabled persons.

10

Terms of appointment and tenure of members

2          

Subject to this Schedule, a member of the Council—

(a)   

is to hold and vacate office in accordance with the terms and

conditions of the member’s appointment, and

(b)   

may resign or be removed from office in accordance with those terms

15

and conditions.

3     (1)  

The Council may pay, or make provision for paying—

(a)   

its non-executive members such remuneration as the Secretary of

State may determine, and

(b)   

any of its members such travelling and other allowances as the

20

Secretary of State may determine.

      (2)  

The Council may—

(a)   

pay to or in respect of any person who is or has been a non-executive

member such pension, allowances or gratuities as the Secretary of

State may determine, or

25

(b)   

make such payments as the Secretary of State may determine

towards provision for the payment of a pension, allowance or

gratuity to or in respect of such a person.

4     (1)  

A non-executive member must be appointed for a fixed period.

      (2)  

The period for which a non-executive member is appointed must not exceed

30

5 years.

      (3)  

A person who has held office as a non-executive member may be re-

appointed as a non-executive member, once only, for a further period

(whether consecutive or not) not exceeding 5 years.

5     (1)  

A person ceases to be a member of the Council if—

35

(a)   

in the case of the Council Chairman, the person ceases to hold that

office or becomes a member of the staff of the Council;

(b)   

in the case of a member within paragraph 1(1)(b), the person ceases

to be the chairman of a territorial committee;

(c)   

in the case of any other non-executive member, the person becomes

40

a member of the staff of the Council;

(d)   

in the case of an executive member, the person ceases to be a member

of the staff of the Council;

(e)   

in the case of a non-executive member appointed by virtue of a

nomination within paragraph 1(4), the person ceases to be a member

45

of the Panel which made the nomination.

 

 

Consumers, Estate Agents and Redress Bill [HL]
Schedule 1 — The National Consumer Council
Part 2 — Staff of the Council

44

 

      (2)  

The Secretary of State may remove any person from office as chairman or

another member of the Council on the grounds that the person is unable,

unfit or unwilling to discharge the functions of the office.

6          

Where—

(a)   

a non-executive member ceases to be a member otherwise than on

5

the expiry of the member’s term of office, and

(b)   

it appears to the Secretary of State that there are circumstances which

make it right for that person to receive compensation,

           

the Council may make a payment to that person of such amount as the

Secretary of State may determine.

10

Part 2

Staff of the Council

The Chief Executive

7     (1)  

The Council is to employ a person as its Chief Executive.

      (2)  

The first appointment of a Chief Executive—

15

(a)   

is to be made by the Secretary of State, and

(b)   

is to be on such terms and conditions as are determined by the

Secretary of State.

      (3)  

Subsequent appointments of a Chief Executive—

(a)   

are to be made by the Council with the approval of the Secretary of

20

State, and

(b)   

are to be on such terms and conditions as are determined by the

Council with the approval of the Secretary of State.

Other staff

8     (1)  

The Council may appoint such other staff, on such terms and conditions, as

25

it considers appropriate.

      (2)  

The approval of the Secretary of State as to numbers and as to terms and

conditions of staff is required for the exercise by the Council of its powers

under sub-paragraph (1).

The Superannuation Act 1972

30

9     (1)  

The persons to whom section 1 of the Superannuation Act 1972 (c. 11)

(persons to or in respect of whom benefits may be provided by schemes

under that section) applies are to include the Chief Executive and the other

employees of the Council.

      (2)  

Accordingly, in Schedule 1 to that Act (employment to which

35

superannuation schemes may extend), in the list of other bodies, at the

appropriate place insert—

“The National Consumer Council established under the Consumers,

Estate Agents and Redress Act 2007.”

      (3)  

The Council must pay to the Minister for the Civil Service, at such times as

40

that Minister may direct, such sums as that Minister may determine in

 

 

Consumers, Estate Agents and Redress Bill [HL]
Schedule 1 — The National Consumer Council
Part 3 — Territorial, regional and other committees

45

 

respect of the increase attributable to sub-paragraph (1) in the sums payable

out of money provided by Parliament under that Act.

Arrangements for assistance

10    (1)  

The Council may make arrangements with such persons as it considers

appropriate for assistance to be provided to it.

5

      (2)  

Arrangements may include the paying of fees to such persons.

Part 3

Territorial, regional and other committees

Constitution of territorial committees

11    (1)  

A territorial committee is to consist of a chairman, and such other members,

10

as the Secretary of State may appoint.

      (2)  

In this Schedule—

(a)   

references to executive members of a territorial committee are to the

members of the committee appointed from the staff of the Council,

and

15

(b)   

references to non-executive members of a territorial committee are to

the members who are not executive members of the committee.

      (3)  

The chairman of a territorial committee must be a non-executive member of

the committee.

      (4)  

In appointing persons to a territorial committee the Secretary of State must

20

secure that a majority of the members of the committee are non-executive

members.

      (5)  

Before appointing a person as a non-executive member of a territorial

committee the Secretary of State must consult—

(a)   

the Council Chairman,

25

(b)   

except where the appointment is as chairman, the chairman of the

territorial committee,

(c)   

in the case of the Scottish Consumer Council, the Scottish Ministers,

and

(d)   

in the case of the Welsh Consumer Council, the Welsh Ministers,

30

           

about the appointment.

      (6)  

A person may be appointed as an executive member of a territorial

committee only if the person has been nominated for the appointment by the

Council Chairman, after consultation with the chairman of the territorial

committee.

35

      (7)  

In making appointments to a territorial committee, the Secretary of State

must have regard to the desirability of including among the members of the

committee one or more persons with experience of work among, and the

special needs of, disabled persons.

 

 

Consumers, Estate Agents and Redress Bill [HL]
Schedule 1 — The National Consumer Council
Part 3 — Territorial, regional and other committees

46

 

Regional committees

12    (1)  

The Council may, with the approval of the Secretary of State, establish one

or more committees for areas within the United Kingdom.

      (2)  

In this Schedule references to a “regional committee” are to a committee

established under sub-paragraph (1).

5

      (3)  

The purposes of a regional committee are—

(a)   

the provision of advice and information to the Council about such

consumer matters affecting the area for which the committee is

established as may be specified by the Council, and

(b)   

such other purposes as the Council may determine.

10

      (4)  

The Council may not abolish a regional committee, or alter the area for

which a regional committee is established, except with the approval of the

Secretary of State.

      (5)  

If the Council proposes to do anything mentioned in sub-paragraph (1) or

(4), it must, after consulting the Secretary of State, give notice—

15

(a)   

describing its proposals, and

(b)   

specifying the period (not being less than 2 months) starting with the

date of the notice within which representations may be made with

respect to the proposals,

           

and consider any representations that are duly made and not withdrawn.

20

      (6)  

A notice under sub-paragraph (5) must be given by publishing it in such

manner as the Council considers appropriate for bringing the proposals to

the attention of those likely to be affected by them.

      (7)  

The Secretary of State may not give his approval under sub-paragraph (4)

until after the period specified in the notice under sub-paragraph (5).

25

Constitution of regional committees

13    (1)  

A regional committee is to consist of a chairman, and such other members,

as the Council may appoint.

      (2)  

In this Schedule—

(a)   

references to executive members of a regional committee are to the

30

members of the committee appointed from the staff of the Council,

and

(b)   

references to non-executive members of a regional committee are to

the members who are not executive members of the committee.

      (3)  

The chairman of a regional committee must be a non-executive member of

35

the committee.

      (4)  

In appointing persons to a regional committee the Council must secure that

a majority of the members of the committee are non-executive members.

      (5)  

In making appointments to a regional committee, the Council must have

regard to the desirability of including among the members of the committee

40

one or more persons with experience of work among, and the special needs

of, disabled persons.

 

 

 
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