|
| |
| |
(h) | section 63(2) (consequential provision etc), so far as it enables such |
| |
| |
(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. |
| |
| 15 |
| |
(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 |
| |
“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 |
| |
| 25 |
| |
Schedule 8 contains repeals (including repeals of spent provisions). |
| |
| |
| |
(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 |
| |
| |
(b) | section 14 (reference of disputes to Gas and Electricity Markets |
| 35 |
| |
(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 |
| |
| |
| |
| |
|
| |
| |
(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 |
| |
(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 |
| |
(1) | This section and sections 60 to 62, 65 and 67 come into force on the day this Act |
| |
| |
(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 |
| |
(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. |
| |
| |
| |
|
| |
| |
| |
| |
| |
The National Consumer Council |
| |
| |
| 5 |
| |
1 (1) | The Council is to consist of the following members— |
| |
(a) | a chairman (“the Council Chairman”) appointed by the Secretary of |
| |
| |
(b) | the chairman of each territorial committee, and |
| 10 |
(c) | such other members as may be appointed by the Secretary of State. |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(b) | a member of the Consumer Panel established by the Office of |
| 25 |
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- |
| |
| |
(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 |
| |
| |
| |
|
| |
| |
(b) | in the case of an appointment of an executive member, the person has |
| |
been nominated by the Council Chairman for appointment to the |
| |
| |
(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 |
| |
| 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 |
| |
3 (1) | The Council may pay, or make provision for paying— |
| |
(a) | its non-executive members such remuneration as the Secretary of |
| |
| |
(b) | any of its members such travelling and other allowances as the |
| 20 |
Secretary of State may determine. |
| |
| |
(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 |
| |
| 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 |
| |
(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. |
| |
| |
| |
|
| |
| |
(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. |
| |
| |
(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 |
| |
| |
| |
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 |
| |
| |
(3) | Subsequent appointments of a Chief Executive— |
| |
(a) | are to be made by the Council with the approval of the Secretary of |
| 20 |
| |
(b) | are to be on such terms and conditions as are determined by the |
| |
Council with the approval of the Secretary of State. |
| |
| |
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 |
| |
| |
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 |
| |
| |
| |
|
| |
| |
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. |
| |
| |
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. |
| |
| |
(a) | references to executive members of a territorial committee are to the |
| |
members of the committee appointed from the staff of the Council, |
| |
| 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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(c) | in the case of the Scottish Consumer Council, the Scottish Ministers, |
| |
| |
(d) | in the case of the Welsh Consumer Council, the Welsh Ministers, |
| 30 |
| |
(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 |
| |
| 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. |
| |
| |
| |
|
| |
| |
| |
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 |
| |
| |
(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. |
| |
| |
(a) | references to executive members of a regional committee are to the |
| 30 |
members of the committee appointed from the staff of the Council, |
| |
| |
(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 |
| |
(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 |
| |
| |
| |
| |
|
