Consumers, Estate Agents and Redress Bill [HL]

House of Commons

Session 2006 - 07
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Consumers, Estate Agents and Redress Bill [HL]

Consumers, Estate Agents and Redress Bill [HL]
Schedule 1 — The National Consumer Council
Part 3 — Territorial, regional and other committees
47

Other committees
14
The Council may establish such other committees as it considers
appropriate.
General provision about committees
15    (1)
In this paragraph and paragraphs 16 and 17 “committee” means—
5
(a)
a territorial committee,
(b)
a regional committee, or
(c)
a committee established under paragraph 14.
      (2)
A committee may establish sub-committees.
      (3)
The members of a committee or sub-committee may include persons who
10
are not members of the Council.
      (4)
The members of a sub-committee established by a committee may include
persons who are not members of the committee.
Terms of appointment etc
16
Subject to this Schedule, a member of a committee—
15
(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
and conditions.
17    (1)
The Council may—
20
(a)
pay to any non-executive member of a committee or sub-committee,
such remuneration as the Secretary of State may determine;
(b)
pay to any member of a committee or sub-committee, such travelling
and other allowances as the Secretary of State may determine.
      (2)
For the purposes of sub-paragraph (1), the non-executive members of a
25
committee established under paragraph 14 or a sub-committee are such of
its members as are not also members of the staff of the Council.
      (3)
The Council may—
(a)
pay to or in respect of any person who is or has been a non-executive
member of a territorial committee such pension, allowances or
30
gratuities as the Secretary of State may determine, or
(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.
18    (1)
A non-executive member of a territorial or regional committee must be
35
appointed for a fixed period.
      (2)
The period for which a non-executive member of a territorial or regional
committee is appointed must not exceed 5 years.
      (3)
A person who has held office as a non-executive member of a territorial or
regional committee may be re-appointed as a non-executive member of that
40
committee, once only, for a further period (whether consecutive or not) not
exceeding 5 years.

Consumers, Estate Agents and Redress Bill [HL]
Schedule 1 — The National Consumer Council
Part 4 — Procedure etc
48

19    (1)
A person ceases to be a member of a territorial or regional committee
where—
(a)
in the case of the chairman of the committee, the person ceases to
hold that office or becomes a member of the staff of the Council;
(b)
in the case of any other non-executive member, the person becomes
5
a member of the staff of the Council;
(c)
in the case of an executive member, the person ceases to be a member
of the staff of the Council.
      (2)
The Secretary of State may remove any person from office as chairman or
another member of a territorial committee on the grounds that the person is
10
unable, unfit or unwilling to discharge the functions of the office.
20
Where—
(a)
a non-executive member of a territorial committee ceases to be a
member of the committee otherwise than on the expiry of the
member’s term of office, and
15
(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.
Part 4
20
Procedure etc
Procedure
21
The Council may regulate—
(a)
its own procedure (including quorum), and
(b)
the procedure (including quorum) of its committees and sub-
25
committees.
22
The validity of any act of the Council is not affected by—
(a)
any vacancy among the members of the Council or of any of its
committees or sub-committees, or
(b)
any defect in the appointment of any member of the Council or of
30
any of its committees or sub-committees, or any disqualification of a
person as chairman or another member of the Council.
Delegation
23    (1)
The Council may authorise—
(a)
the Council Chairman or any other member of the Council,
35
(b)
any of its committees or sub-committees, or
(c)
the Chief Executive or any other member of staff,

to exercise, on behalf of the Council, such of its functions, in such
circumstances, as the Council may determine.
      (2)
Any committee established by the Council may delegate functions
40
(including functions delegated to the committee) to—
(a)
the Council Chairman or any other member of the Council,
(b)
any member of the committee,
(c)
a sub-committee of the committee, or

Consumers, Estate Agents and Redress Bill [HL]
Schedule 1 — The National Consumer Council
Part 5 — Funding and accounts
49

(d)
the Chief Executive or any other member of staff.
Application of seal and proof of instruments
24
The application of the seal of the Council is to be authenticated by the
signature of—
(a)
any member of the Council,
5
(b)
the Chief Executive of the Council, or
(c)
any person who has been authorised (whether generally or
specifically) by the Council for the purpose.
25
Any contract or instrument which, if entered into or executed by an
individual, would not need to be under seal may be entered into or executed
10
on behalf of the Council by any person who has been authorised (whether
generally or specifically) by the Council for the purpose.
26
A document purporting to be duly executed under the seal of the Council,
or signed on its behalf—
(a)
is to be received in evidence, and
15
(b)
is to be taken to be executed or signed in that way, unless the
contrary is proved.
Offices
27    (1)
The Council must maintain an office in each of England, Northern Ireland,
Scotland and Wales.
20
      (2)
The Council may, with the approval of the Secretary of State, establish
additional offices in the United Kingdom.
Part 5
Funding and accounts
Funding
25
28
The Secretary of State may pay the Council out of money provided by
Parliament such sums as the Secretary of State may determine towards the
Council’s expenses.
29    (1)
Section 8 of the Utilities Act 2000 (c. 27) (payments by licence holders
relating to new arrangements) is amended as follows.
30
      (2)
In subsection (2) after “subsection (3)” insert “or (3A)”.
      (3)
In subsection (3)—
(a)
for “Those expenses” substitute “The expenses within this
subsection”,
(b)
in paragraph (a) for “Council” substitute “Gas and Electricity
35
Consumer Council”, and
(c)
omit paragraph (b) and the “and” immediately preceding it.
      (4)
After that subsection insert—
“(3A)
The expenses within this subsection are—

Consumers, Estate Agents and Redress Bill [HL]
Schedule 1 — The National Consumer Council
Part 5 — Funding and accounts
50

(a)
the appropriate proportion of the expenses of the Council
(including expenses which relate to its establishment but not
expenses within paragraph (c));
(b)
the appropriate proportion of the expenses of the Secretary of
State which relate to the establishment of the Council;
5
(c)
any expenses of the Council, the Secretary of State or the Gas
and Electricity Consumer Council which relate to a transfer
scheme made in respect of the Gas and Electricity Consumer
Council under section 35(2)(a) or (7) of the Consumers, Estate
Agents and Redress Act 2007;
10
(d)
the expenses of the Secretary of State which relate to the
abolition of the Gas and Electricity Consumer Council;
(e)
the expenses of the Office of Fair Trading which relate to the
expansion of an OFT scheme to enable it to cater for gas and
electricity consumers;
15
(f)
the appropriate proportion of the expenses of the Office of
Fair Trading on, or in connection with, the support of any
OFT scheme.
(3B)
The “appropriate proportion” of any expenses means such
proportion of the expenses as the Secretary of State considers is
20
reasonable having regard to—
(a)
in the case of expenses within subsection (3A)(a) or (b), the
functions exercisable by the Council in relation to gas and
electricity consumers, and
(b)
in the case of expenses within subsection (3A)(f), the
25
functions under the OFT scheme which are exercisable in
relation to gas and electricity consumers.”
      (5)
In subsection (4) for paragraphs (a) and (b) substitute—
“(a)
the establishment of the Council, or
(b)
the abolition of the Gas and Electricity Consumer Council.”
30
      (6)
For subsection (5) substitute—
“(5)
The Authority may, in accordance with this section, make such
incidental or consequential modifications of—
(a)
the other conditions of a gas licence or an electricity licence,
or
35
(b)
any code or agreement relevant to the conditions of such a
licence,

as it considers necessary or expedient in consequence of, or of
preparations for, an event mentioned in subsection (4)(a) or (b).”
      (7)
In subsection (6) after “licence” insert “or any code or agreement”.
40
      (8)
Omit subsection (7).
      (9)
For subsection (8) substitute—
“(8)
The powers of the Authority under subsection (4) (as amended by
paragraph 29 of Schedule 1 to the Consumers, Estate Agents and
Redress Act 2007), and subsection (5) as it applies in relation to that
45
subsection, may not be exercised after the end of the period of 2 years
beginning with the commencement of that paragraph.”

Consumers, Estate Agents and Redress Bill [HL]
Schedule 1 — The National Consumer Council
Part 5 — Funding and accounts
51

     (10)
In subsection (9) after “(3)” insert “or (3A)”.
     (11)
After that subsection insert—
“(10)
For the purposes of this section—
“consumer” has the same meaning as in Part 1 of the
Consumers, Estate Agents and Redress Act 2007 (see section
5
3 of that Act);
“gas and electricity consumers” means consumers in relation to
gas conveyed through pipes or electricity conveyed by
distribution systems or transmission systems;
“OFT scheme” means any public consumer advice scheme
10
supported by the Office of Fair Trading.”
30
In section 39 of the Postal Services Act 2000 (c. 26) (recovery of costs of the
Council etc)—
(a)
for “the Council”, in the first place, substitute “the Consumer Council
for Postal Services”, and
15
(b)
omit “or of the Secretary of State in relation to the establishment of
the Council”.
31    (1)
After section 39 of that Act insert—
“39A
Licences and the new arrangements
(1)
The conditions of a licence may require the payment by the licence
20
holder of sums relating to any of the expenses mentioned in
subsection (2).
(2)
The expenses within this subsection are—
(a)
the appropriate proportion of the expenses of the Council
(including expenses which relate to its establishment but not
25
expenses within paragraph (c));
(b)
the appropriate proportion of the expenses of the Secretary of
State which relate to the establishment of the Council;
(c)
any expenses of the Council, the Secretary of State or the
Consumer Council for Postal Services which relate to a
30
transfer scheme made in respect of the Consumer Council for
Postal Services under section 35(2)(a) or (7) of the Consumers,
Estate Agents and Redress Act 2007;
(d)
the expenses of the Secretary of State which relate to the
abolition of the Consumer Council for Postal Services;
35
(e)
the expenses of the Office of Fair Trading which relate to the
expansion of an OFT scheme to enable it to cater for postal
services consumers;
(f)
the appropriate proportion of the expenses of the Office of
Fair Trading on, or in connection with, the support of any
40
OFT scheme.
(3)
The “appropriate proportion” of any expenses means such
proportion of the expenses as the Secretary of State considers is
reasonable having regard to—
(a)
in the case of expenses within subsection (2)(a) or (b), the
45
functions exercisable by the Council in relation to postal
services consumers, and

Consumers, Estate Agents and Redress Bill [HL]
Schedule 1 — The National Consumer Council
Part 5 — Funding and accounts
52

(b)
in the case of expenses within subsection (2)(f), the functions
under the OFT scheme which are exercisable in relation to
those consumers.
(4)
The Commission may, in accordance with this section, modify any
condition included in a licence by virtue of section 39 where the
5
Commission considers it necessary or expedient to do so in
consequence of, or of preparations for—
(a)
the establishment of the Council, or
(b)
the abolition of the Consumer Council for Postal Services.
(5)
The Commission may, in accordance with this section, make such
10
incidental or consequential modifications of the other conditions of a
licence, as it considers necessary or expedient in consequence of, or
of preparations for, an event mentioned in subsection (4)(a) or (b).
(6)
Before modifying the conditions of a licence under subsection (4) or
(5) the Commission must consult the licence holder.
15
(7)
The powers of the Commission under subsection (4) or (5) may not
be exercised after the end of the period of 2 years beginning with the
commencement of those subsections.
(8)
The Secretary of State may give directions to the Commission for the
purpose of securing that sums relating to any of the expenses
20
mentioned in subsection (2) are included in the sums payable by
virtue of conditions in licences and the Commission must comply
with any such direction.
(9)
In this section—
“consumer” has the same meaning as in Part 1 of the
25
Consumers, Estate Agents and Redress Act 2007 (see section
3 of that Act);
“postal services consumers” means consumers in relation to
relevant postal services (within the meaning of section 41);
“OFT scheme” means any public consumer advice scheme
30
supported by the Office of Fair Trading.”
Accounts
32    (1)
The Council must—
(a)
keep proper accounts and proper records in relation to the accounts,
and
35
(b)
prepare in respect of each financial year a statement of accounts.
      (2)
Each statement of accounts must comply with any directions given by the
Secretary of State, with the approval of the Treasury, as to—
(a)
the information to be contained in it and the manner in which it is to
be presented;
40
(b)
the methods and principles according to which the statement is to be
prepared;
(c)
the additional information (if any) which is to be provided for the
information of Parliament.
      (3)
The Council must give a copy of each statement of accounts—
45
(a)
to the Secretary of State, and

Consumers, Estate Agents and Redress Bill [HL]
Schedule 1 — The National Consumer Council
Part 6 — Status etc
53

(b)
to the Comptroller and Auditor General,

before the end of the month of August next following the financial year to
which the statement relates.
      (4)
The Comptroller and Auditor General must—
(a)
examine, certify and report on each statement of accounts which is
5
received under sub-paragraph (3), and
(b)
lay a copy of each statement and of the report before Parliament.
Part 6
Status etc
Status
10
33    (1)
The Council is not to be regarded—
(a)
as the servant or agent of the Crown, or
(b)
as enjoying any status, immunity or privilege of the Crown.
      (2)
Accordingly, the Council’s property is not to be regarded as property of or
held on behalf of the Crown.
15
Disqualification
34    (1)
In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975
(c. 24) (bodies of which all members are disqualified) at the appropriate
place insert—
“The National Consumer Council.”
20
      (2)
In Part 3 of that Schedule (other disqualifying offices) at the appropriate
place insert—
“A member of a committee of the National Consumer Council
established under section 1 of, or paragraph 12 of Schedule 1
to, the Consumers, Estate Agents and Redress Act 2007
25
(territorial and regional committees).”
      (3)
In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification
Act 1975 (c. 25) (bodies of which all members are disqualified) at the
appropriate place insert—
“The National Consumer Council.”
30
      (4)
In Part 3 of that Schedule (other disqualifying offices) at the appropriate
place insert—
“A member of a committee of the National Consumer Council
established under section 1 of, or paragraph 12 of Schedule 1
to, the Consumers, Estate Agents and Redress Act 2007
35
(territorial and regional committees).”
Freedom of information
35
In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (c. 36) (other
public bodies and offices which are public authorities) at the appropriate
place insert—
40
“The National Consumer Council.”