|
| |
|
(a) | a complaint by a gas consumer against a gas transporter, in respect of |
| |
the disconnection of, or a threat to disconnect, the consumer’s premises |
| |
| |
(b) | a complaint by a gas consumer against a gas transporter, following |
| |
such a disconnection, in respect of a refusal by the gas transporter to |
| 5 |
| |
(c) | a complaint by a gas consumer against a gas supplier, in respect of the |
| |
cutting off of, or a threat to cut off, a supply of gas to the consumer’s |
| |
premises by the gas supplier; |
| |
(d) | a complaint by a gas consumer against a gas supplier, following such a |
| 10 |
cutting off, in respect of a refusal by the gas supplier to restore the |
| |
| |
(e) | a complaint by a gas consumer against a gas supplier, in respect of the |
| |
failure of a prepayment system; |
| |
(f) | a complaint by an electricity consumer against an electricity supplier, |
| 15 |
an electricity distributor or a transmission licence holder, in respect of |
| |
the disconnection of, or a threat to disconnect, the consumer’s premises |
| |
by the electricity supplier, electricity distributor or licence holder; |
| |
(g) | a complaint by an electricity consumer against an electricity supplier, |
| |
electricity distributor or transmission licence holder, following such a |
| 20 |
disconnection by the supplier, distributor or licence holder, in respect |
| |
of a refusal by the supplier, distributor or licence holder to reconnect |
| |
| |
(h) | a complaint by an electricity consumer against an electricity supplier, |
| |
in respect of the failure of a prepayment system. |
| 25 |
(2) | Where a complaint to which this section applies is referred to the Council by or |
| |
on behalf of the complainant, the Council must investigate the complaint for |
| |
the purpose of determining whether it is appropriate to take any action under |
| |
| |
(3) | Where it appears to the Council to be appropriate to do so with a view to |
| 30 |
assisting in reaching a satisfactory resolution of a complaint referred to it under |
| |
this section, the Council must— |
| |
(a) | provide advice to the complainant, or |
| |
(b) | make representations on behalf of the complainant to the person |
| |
against whom the complaint is made about anything to which the |
| 35 |
| |
(4) | The Council may refuse to investigate a complaint, or part of a complaint, if— |
| |
(a) | the complaint or part appears to the Council to be frivolous or |
| |
| |
(b) | the complaint or part falls within a class of matter which a regulatory |
| 40 |
body is under a duty (whether imposed by or under an enactment or |
| |
otherwise) to investigate; |
| |
(c) | the complaint or part is being dealt with, or the Council is satisfied that |
| |
it would be better dealt with, under an ombudsman scheme or any |
| |
other redress scheme or in legal proceedings; |
| 45 |
(d) | the Council considers that there has been undue delay in the making of |
| |
the complaint or part, or the provision of evidence to support it; |
| |
(e) | the Council considers that there are other compelling reasons why it is |
| |
inappropriate for the complaint or part to be investigated by the |
| |
| 50 |
|
| |
|
| |
|
(5) | The Council may refuse to investigate a complaint until the complainant has |
| |
taken such steps as appear to the Council to be reasonable for the purpose of |
| |
giving the person against whom the complaint is made a reasonable |
| |
opportunity to deal with it. |
| |
| 5 |
(a) | in paragraphs (a) and (b) “disconnection” in relation to any premises, |
| |
means disconnection from a main of a gas transporter or the |
| |
discontinuation of the conveyance of gas to the premises; |
| |
(b) | in paragraphs (b), (d) and (g), the references to a gas consumer or |
| |
electricity consumer are references to a person who was such a |
| 10 |
consumer at the time the disconnection of, or cutting off of the supply |
| |
to, the premises occurred; |
| |
(c) | in paragraphs (e) and (h), references to the failure of a prepayment |
| |
system are references to— |
| |
(i) | a failure in the facilities for payment for the supply of gas or |
| 15 |
electricity which results in a consumer with a prepayment |
| |
meter being unable to make a payment for the supply of gas or |
| |
| |
(ii) | where a payment has been made for the supply of gas or |
| |
electricity through a prepayment meter, a case where the |
| 20 |
supply is not given through the prepayment meter because of a |
| |
defect in the meter or in the facilities for payment. |
| |
| |
“electricity consumer” means an individual who is a consumer in relation |
| |
to electricity supplied by an authorised supplier; |
| 25 |
| |
(a) | an Act of Parliament, |
| |
(b) | an Act of the Scottish Parliament, or |
| |
(c) | a Measure or Act of the National Assembly for Wales, |
| |
| 30 |
“gas consumer” means an individual who is a consumer in relation to gas |
| |
supplied by an authorised supplier; |
| |
“the consumer’s premises”— |
| |
(a) | in relation to an electricity consumer, means the premises to |
| |
which the electricity supplied to the consumer by the |
| 35 |
authorised supplier is supplied; |
| |
(b) | in relation to a gas consumer, means the premises to which the |
| |
gas supplied to the consumer is conveyed by the gas |
| |
| |
“redress scheme” means a scheme under which complaints may be made |
| 40 |
to, and investigated and determined by, an independent person. |
| |
14 | Reference of matters to the Gas and Electricity Markets Authority |
| |
(1) | In this section references to a complaint are to a complaint within section |
| |
11(1)(a) or to which section 12(3) or 13 applies. |
| |
(2) | Where it appears to the Council that a complaint relates to a matter in respect |
| 45 |
of which any of the Authority’s enforcement functions may be exercisable, the |
| |
Council must refer the complaint to the Authority unless it is satisfied that the |
| |
Authority is already aware of the matter. |
| |
|
| |
|
| |
|
(3) | Where a complaint to which section 13 applies is referred to the Authority |
| |
under subsection (2), the Council is not required to investigate the complaint |
| |
under subsection (2) of that section until the Authority has had a reasonable |
| |
opportunity to exercise its enforcement functions in relation to the matter to |
| |
which the complaint relates. |
| 5 |
(4) | On investigating a complaint, the Council must inform the complainant if it |
| |
considers that the complaint relates to a matter of a kind which can be referred |
| |
by the complainant to the Authority under any provision of the Gas Act 1986 |
| |
(c. 44) or the Electricity Act 1989 (c. 29). |
| |
| 10 |
“the Authority” means the Gas and Electricity Markets Authority; |
| |
“enforcement function”, in relation to the Authority, means any of its |
| |
functions under section 28 or 30A of the Gas Act 1986 or section 25 or |
| |
27A of the Electricity Act 1989. |
| |
15 | Reference of matters to the Postal Services Commission |
| 15 |
(1) | The Council must refer any complaint within section 11(1)(a), or to which |
| |
section 12(3) applies, to the Postal Services Commission (“the Commission”) if |
| |
the Council considers that— |
| |
(a) | the subject matter of the complaint indicates that a condition of a licence |
| |
under Part 2 of the Postal Services Act 2000 (c. 26) has been |
| 20 |
| |
(b) | the subject matter of the complaint is a referable matter, or |
| |
(c) | it is appropriate to do so. |
| |
(2) | The Council and the Commission must, from time to time, agree the |
| |
descriptions of matters which are to be referred to the Commission and, for the |
| 25 |
purposes of subsection (1)(b), a matter is a “referable matter” if it is of a |
| |
description for the time being so agreed. |
| |
16 | Investigations relating to public post offices |
| |
(1) | Without prejudice to the generality of section 11, the Council may investigate |
| |
| 30 |
(a) | the number and location of public post offices in England and Wales |
| |
| |
(b) | the number and location of public post offices in Northern Ireland. |
| |
(2) | In this section “public post office” has the same meaning as in the Postal |
| |
Services Act 2000 (see section 42(3) of that Act). |
| 35 |
Other functions of the Council |
| |
17 | Reports by the Council |
| |
(1) | The Council may prepare a report in relation to any matter falling within the |
| |
| |
(2) | The Council may publish any report prepared under this section. |
| 40 |
|
| |
|
| |
|
18 | Secretary of State’s power to require reports |
| |
(1) | The Secretary of State may direct the Council to prepare, and submit to the |
| |
Secretary of State within a specified period, a report in respect of any matter |
| |
specified in the direction which relates to consumer matters. |
| |
(2) | The Secretary of State may publish any report submitted under this section. |
| 5 |
19 | Advice, information and guidance |
| |
(1) | The Council may issue advice or guidance to any person with a view to |
| |
improving standards of service and promoting best practice in connection with |
| |
the handling of complaints made by consumers or any other matter affecting |
| |
the interests of consumers. |
| 10 |
(2) | The Council may publish advice or information about consumer matters if it |
| |
appears to the Council that its publication would promote the interests of |
| |
| |
(3) | For this purpose “information about consumer matters” includes information |
| |
about the views of consumers on consumer matters. |
| 15 |
20 | Duty to enter into co-operation arrangements |
| |
(1) | It is the duty of the Council and each designated body to enter into co- |
| |
operation arrangements under this section. |
| |
| |
“co-operation arrangements” means arrangements made by the Council |
| 20 |
and a designated body with a view to securing co-operation between |
| |
| |
(a) | the exchange of information between them, |
| |
(b) | the co-ordination of any activities they carry on in connection |
| |
with their functions relating to the provision of advice or |
| 25 |
information to consumers, and |
| |
(c) | consistent treatment of matters which affect both of them; |
| |
| |
(a) | the Office of Fair Trading; |
| |
(b) | the Consumer Panel established by the Financial Services |
| 30 |
Authority under the Financial Services and Markets Act 2000 |
| |
(c. 8) (“the Financial Services Consumer Panel”); |
| |
(c) | the Consumer Panel established by the Office of |
| |
Communications under the Communications Act 2003 (c. 21) |
| |
(“the OFCOM Consumer Panel”); |
| 35 |
(d) | a person designated by the Secretary of State by order for the |
| |
purposes of this section. |
| |
(3) | The co-operation arrangements must set out— |
| |
(a) | in the case of the Financial Services Consumer Panel, the procedure for |
| |
consulting and making nominations for the purposes of paragraph |
| 40 |
1(4)(a) of Schedule 1 to this Act and section 10(5A) of the Financial |
| |
Services and Markets Act 2000; |
| |
(b) | in the case of the OFCOM Consumer Panel, the procedure for |
| |
consulting and making nominations for the purposes of paragraph |
| |
|
| |
|
| |
|
1(4)(b) of Schedule 1 to this Act and section 17(4A) of the |
| |
| |
(4) | As soon as practicable after agreement is reached between the Council and a |
| |
designated body on co-operation arrangements, the Council and the body |
| |
must prepare a memorandum setting them out and send a copy of it to the |
| 5 |
| |
(5) | The Council and a designated body must keep under review any co-operation |
| |
arrangements entered into by them under this section. |
| |
(6) | As soon as practicable after agreement is reached on any changes to co- |
| |
operation arrangements, the Council and the designated body to which they |
| 10 |
relate must revise their memorandum and send a copy of the revised |
| |
memorandum to the Secretary of State. |
| |
(7) | The Secretary of State must lay a copy of any document received under this |
| |
section before each House of Parliament. |
| |
21 | Power to co-operate and give assistance |
| 15 |
The Council may make arrangements to co-operate with and give assistance to |
| |
any person if it considers that to do so would facilitate or be conducive to the |
| |
exercise of its own functions. |
| |
| |
(1) | The Council may provide for any person advice or assistance, including |
| 20 |
research or other services, as respects any matter in which the Council has skill, |
| |
| |
(2) | The Council may make such charges as it thinks fit in respect of anything done |
| |
in exercise of its powers under this section. |
| |
(3) | The Council may spend such sums as it considers reasonable in the |
| 25 |
exploitation of commercial opportunities arising from the activities it carries |
| |
on in the exercise of its functions. |
| |
| |
(a) | establish one or more bodies corporate to exercise on behalf of the |
| |
Council such of its functions under this section, in such circumstances, |
| 30 |
as the Council may determine; |
| |
(b) | acquire an interest in an existing body corporate with a view to it |
| |
exercising on behalf of the Council such of its functions under this |
| |
section, in such circumstances, as the Council may determine. |
| |
(5) | The Council may acquire an interest in a body corporate under subsection |
| 35 |
(4)(b) only with the consent of the Secretary of State. |
| |
23 | Supplementary powers etc |
| |
(1) | The Council may do anything (other than borrow money) which is calculated |
| |
to facilitate, or is incidental or conducive to, the exercise of any of its functions. |
| |
(2) | The Council must not acquire or dispose of any interest in land, except with the |
| 40 |
approval of the Secretary of State. |
| |
|
| |
|
| |
|
(3) | Subsection (2) does not apply to an acquisition of an interest in land under a |
| |
transfer scheme (within the meaning of section 35). |
| |
| |
24 | Provision of information to the Council |
| |
(1) | The Council may, by notice, require a person within subsection (3) to supply it |
| 5 |
with such information as is specified or described in the notice within such |
| |
reasonable period as is so specified. |
| |
(2) | The information specified or described in a notice under subsection (1) must be |
| |
information the Council requires for the purpose of exercising its functions. |
| |
(3) | The persons referred to in subsection (1) are— |
| 10 |
(a) | the Office of Fair Trading; |
| |
(b) | a designated regulator; |
| |
(c) | any person who supplies goods or services in the course of a business |
| |
carried on by that person; |
| |
(d) | any other person specified or of a description specified by the Secretary |
| 15 |
of State by order for the purposes of this subsection. |
| |
(4) | A notice under subsection (1) may specify the manner and form in which any |
| |
information is to be provided. |
| |
(5) | Before giving a notice under subsection (1), or specifying the manner or form |
| |
in which any information is to be provided, the Council must have regard to |
| 20 |
the desirability of minimising the costs, or any other detriment, to the person |
| |
to whom the notice is to be given. |
| |
(6) | If a person within subsection (3)(a) or (b) fails to comply with a notice under |
| |
subsection (1), the person must, if so required by the Council, give notice to the |
| |
Council of the reasons for the failure. |
| 25 |
(7) | An order under subsection (3)(d) may provide either— |
| |
(a) | that subsection (6) is to apply in relation to a person specified or of a |
| |
description specified by the order as it applies to a person within |
| |
subsection (3)(a) or (b), or |
| |
(b) | that section 26 is to apply in relation to such a person. |
| 30 |
(8) | The Council may publish any notice received under subsection (6). |
| |
| |
“designated regulator” means— |
| |
(a) | the Gas and Electricity Markets Authority; |
| |
(b) | the Postal Services Commission; |
| 35 |
(c) | the Water Services Regulation Authority; |
| |
(d) | any other person prescribed by the Secretary of State by order |
| |
for the purposes of this subsection; |
| |
“goods” includes land or an interest in land. |
| |
25 | Enforcement by regulator of section 24 notice |
| 40 |
(1) | Where a regulated provider fails to comply with a notice under section 24(1), |
| |
the Council may refer the failure to— |
| |
|
| |
|
| |
|
(a) | a person prescribed by the Secretary of State by order for the purposes |
| |
| |
(b) | if no person has been so prescribed, the relevant regulator. |
| |
(2) | Subsection (1) applies only to the extent that the notice relates to information |
| |
which is held or may be obtained by the regulated provider in its capacity as a |
| 5 |
| |
(3) | For the purposes of this section— |
| |
“designated investigator”, in relation to a failure to comply with a notice |
| |
under section 24(1), means the person to whom the failure is referred |
| |
| 10 |
“regulated provider” means a person listed in the first column of the |
| |
| |
“relevant regulator”, in relation to a regulated provider, means the body |
| |
listed in relation to the regulated provider in the second column of that |
| |
| 15 |
| | | | | | A person holding a licence |
| The Gas and Electricity Markets |
| | | | under section 7, 7ZA or 7A of |
| | | | | | | | | | A person holding a licence |
| The Gas and Electricity Markets |
| | 20 | | under section 6 of the Electricity |
| | | | | | | | | | A person holding a licence |
| The Postal Services Commission. |
| | | | under Part 2 of the Postal |
| | | | | | | | 25 | | A water undertaker, sewerage |
| The Water Services Regulation |
| | | | undertaker or licensed water |
| | | | | | | | |
|
(4) | Where a failure is referred under subsection (1), the designated investigator |
| |
| 30 |
(a) | consider any representations made by the Council or the regulated |
| |
| |
(b) | determine whether the regulated provider is entitled to refuse to |
| |
comply with the notice by virtue of provision made under section 28 |
| |
(exemptions from requirements to provide information). |
| 35 |
(5) | If the designated investigator determines that the regulated provider is not |
| |
entitled to refuse to comply with the notice, the designated investigator must |
| |
direct the regulated provider to comply with it. |
| |
(6) | The designated investigator must give the Council and the regulated provider |
| |
| 40 |
(a) | a determination under subsection (4)(b) and the reasons for it, and |
| |
(b) | any direction under subsection (5). |
| |
|
| |
|