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Consumers, Estate Agents and Redress Bill [HL]


Consumers, Estate Agents and Redress Bill [HL]
Schedule 2 — Enforcement of information requirements

55

 

Schedule 2

Section 25

 

Enforcement of information requirements

Gas Act 1986 (c. 44)

1          

In section 28 of the Gas Act 1986 (orders for securing compliance with certain

provisions), in subsection (8), in the definition of “relevant requirement” for

5

“or section 27(4)(b) of the Utilities Act 2000 (order to comply with a direction

under section 24 of that Act)” substitute “or section 25(5) of the Consumers,

Estate Agents and Redress Act 2007 (directions to comply with requirements

under section 24 of that Act)”.

Electricity Act 1989 (c. 29)

10

2          

In section 25 of the Electricity Act 1989 (orders for securing compliance), in

subsection (8), in the definition of “relevant requirement” for “or section

27(4)(b) of the Utilities Act 2000 (order to comply with a direction under

section 24 of that Act)” substitute “or section 25(5) of the Consumers, Estate

Agents and Redress Act 2007 (directions to comply with requirements under

15

section 24 of that Act)”.

Postal Services Act 2000 (c. 26)

3     (1)  

The Postal Services Act 2000 is amended as follows.

      (2)  

In section 22 (final orders)—

(a)   

in subsection (1)—

20

(i)   

in paragraph (a) for “any condition of his licence” substitute

“any relevant requirement”,

(ii)   

in paragraph (b) for “condition” substitute “requirement”,

and

(iii)   

for “the condition” substitute “the requirement”, and

25

(b)   

for subsection (5) substitute—

“(5)   

In this Act—

“final order” means an order under this section;

“relevant requirement”, in relation to a licence holder,

means—

30

(a)   

a condition of the licence holder’s licence, or

(b)   

an obligation imposed on the licence holder

by virtue of section 25(5) of the Consumers,

Estate Agents and Redress Act 2007

(directions to comply with requirements to

35

provide information under section 24 of that

Act).”

      (3)  

In section 23 (provisional orders)—

(a)   

in subsection (1)—

(i)   

in paragraph (a), for “any condition of his licence or is likely

40

to contravene any such condition” substitute “any relevant

requirement or is likely to contravene any such requirement”,

and

 

 

Consumers, Estate Agents and Redress Bill [HL]
Schedule 2 — Enforcement of information requirements

56

 

(ii)   

for “the licence condition” substitute “the relevant

requirement”,

(b)   

for subsection (2)(a) substitute—

“(a)   

that the licence holder is contravening any relevant

requirement or is likely to contravene any such

5

requirement, and”, and

(c)   

in subsection (3) for “licence condition” substitute “relevant

requirement”.

      (4)  

In section 24 (confirmation of provisional orders), in subsection (1)—

(a)   

for paragraph (a) substitute—

10

“(a)   

it is satisfied that the licence holder is contravening

any relevant requirement or is likely to contravene

any such requirement, and”, and

(b)   

in paragraph (b) for “condition” substitute “requirement”.

      (5)  

In section 25 (exceptions from duty to make or confirm enforcement orders),

15

in paragraph (b) for “condition” substitute “relevant requirement”.

      (6)  

In section 26 (enforcement orders: main procedural requirements), in

subsection (2)—

(a)   

in paragraph (c) for “condition” substitute “relevant requirement”,

and

20

(b)   

in paragraph (d) for “condition” substitute “relevant requirement”.

      (7)  

In section 30 (financial penalties)—

(a)   

in subsection (1)—

(i)   

in paragraph (a) for “condition of his licence” substitute

“relevant requirement”, and

25

(ii)   

in paragraph (b) for “condition” substitute “requirement”,

and

(b)   

in subsection (3) for “condition” substitute “relevant requirement”.

      (8)  

In section 32 (imposition of financial penalties: main procedural

requirements)—

30

(a)   

in subsection (2)(c), for “condition” substitute “relevant

requirement”, and

(b)   

in subsection (4)(c), for “condition” substitute “relevant

requirement”.

      (9)  

In section 34 (time-limit on the imposition of penalties)—

35

(a)   

in subsection (1) for “licence condition” substitute “relevant

requirement”, and

(b)   

in subsection (2) for “licence condition” substitute “relevant

requirement”.

     (10)  

In section 126 (index of defined expressions) at the appropriate place in the

40

table insert—

 

“Relevant requirement

Section 22(5)”

 
 

 

Consumers, Estate Agents and Redress Bill [HL]
Schedule 3 — Abolition of consumer bodies: transitional provision

57

 

Schedule 3

Section 30

 

Abolition of consumer bodies: transitional provision

Complaints and investigations functions of Gas and Electricity Consumer Council

1     (1)  

This paragraph applies to—

(a)   

any complaint to which section 32(1) of the Gas Act 1986 (c. 44)

5

applies which is referred to the Gas and Electricity Consumer

Council before the appointed day;

(b)   

any matter under investigation by the Gas and Electricity Consumer

Council under section 33 of that Act immediately before the

appointed day.

10

      (2)  

The functions of the Gas and Electricity Consumer Council under section 32

or 33 of the Gas Act 1986 are exercisable by the Council in relation to the

complaint or matter, but as if in section 32(8) of that Act the reference to the

Utilities Act 2000 (c. 27) or the Gas Act 1986 included a reference to this Act

and to Part 9 of the Enterprise Act 2002 (c. 40).

15

      (3)  

Sub-paragraph (2) applies—

(a)   

notwithstanding the repeal of sections 32 and 33 of the Gas Act 1986

by this Act, and

(b)   

whether or not the complaint is within section 11, 12 or 13, or the

matter is within section 11.

20

      (4)  

“The appointed day” is the day on which section 30(1) comes into force.

2     (1)  

This paragraph applies to—

(a)   

any complaint to which section 46(1) of the Electricity Act 1989 (c. 29)

applies which is referred to the Gas and Electricity Consumer

Council before the appointed day;

25

(b)   

any matter under investigation by the Gas and Electricity Consumer

Council under section 46A of that Act immediately before the

appointed day.

      (2)  

The functions of the Gas and Electricity Consumer Council under section 46

or 46A of the Electricity Act 1989 are exercisable by the Council in relation to

30

the complaint or matter, but as if in section 46(8) of that Act the reference to

the Utilities Act 2000 or the Electricity Act 1989 included a reference to this

Act and Part 9 of the Enterprise Act 2002.

      (3)  

Sub-paragraph (2) applies—

(a)   

notwithstanding the repeal of sections 46 and 46A of the Electricity

35

Act 1989 by this Act, and

(b)   

whether or not the complaint is within section 11, 12 or 13, or the

matter is within section 11.

      (4)  

“The appointed day” is the day on which section 30(1) comes into force.

Annual reports of the Gas and Electricity Consumer Council

40

3     (1)  

After the abolition of the Gas and Electricity Consumer Council under

section 30(1), any duty of the Gas and Electricity Consumer Council to make

an annual report, in relation to any financial year for which such a report has

not been made, is to be discharged by the Council.

 

 

Consumers, Estate Agents and Redress Bill [HL]
Schedule 3 — Abolition of consumer bodies: transitional provision

58

 

      (2)  

The period between the abolition of the Gas and Electricity Consumer

Council and the end of the preceding financial year (if less than 12 months)

is to be treated as its financial year for which the last annual report is

required.

      (3)  

If that period is 9 months or longer the Council must make the last annual

5

report as soon as practicable after the end of that period.

      (4)  

If that period is shorter than 9 months the last annual report must be made

no later than the first report of the Council under section 7.

      (5)  

In this paragraph—

“annual report” means a report required by paragraph 6 of Schedule 2

10

to the Utilities Act 2000 (c. 27);

“financial year” means a year ending with 31 March.

Complaints and investigations functions of Consumer Council for Postal Services

4     (1)  

This paragraph applies to any matter which, immediately before the

appointed day, is under investigation by the Consumer Council for Postal

15

Services under—

(a)   

section 56(1) of the Postal Services Act 2000 (c. 26) (complaints

referred to the Consumer Council for Postal Services), or

(b)   

section 57 of that Act (power of that Council to investigate other

matters).

20

      (2)  

The functions of the Consumer Council for Postal Services under section 56

or 57 of the Postal Services Act 2000 are exercisable by the Council in relation

to the matter, and any agreement between the Consumer Council for Postal

Services and the Commission under section 56(3) of that Act has effect as if

agreed between the Council and the Commission.

25

      (3)  

Sub-paragraph (2) applies—

(a)   

notwithstanding the repeal of sections 56 and 57 of the Postal

Services Act 2000 by this Act;

(b)   

whether or not the matter is within section 11 or 16.

      (4)  

“The appointed day” is the day on which section 30(2) comes into force.

30

Annual reports of the Consumer Council for Postal Services

5     (1)  

After the abolition of the Consumer Council for Postal Services under

section 30(2), any duty of the Consumer Council for Postal Services to make

an annual report, in relation to any financial year for which such a report has

not been made, is to be discharged by the Council.

35

      (2)  

The period between the abolition of the Consumer Council for Postal

Services and the end of the preceding financial year (if less than 12 months)

is to be treated as the financial year for which the last annual report is

required.

      (3)  

If that period is 9 months or longer the Council must make the last annual

40

report as soon as practicable after the end of that period.

      (4)  

If that period is shorter than 9 months the last annual report must be made

no later than the first report of the Council under section 7.

 

 

Consumers, Estate Agents and Redress Bill [HL]
Schedule 4 — Transfer of property etc to Council

59

 

      (5)  

In this paragraph—

“annual report” means a report required by section 55(1) of the Postal

Services Act 2000 (c. 26);

“financial year” means a year ending with 31 March.

Schedule 4

5

Section 35

 

Transfer of property etc to Council

Preliminary

1          

In this Schedule—

“transfer scheme” has the meaning given by section 35;

“transferor” means the body to which section 35 applies and to which

10

the transfer scheme relates.

Contents of transfer schemes

2     (1)  

The property, rights and liabilities that may be transferred by a transfer

scheme include property, rights and liabilities that would not otherwise be

capable of being transferred or assigned.

15

      (2)  

The transfers authorised by sub-paragraph (1) include transfers of interests

and rights that are to take effect in accordance with the scheme as if there

were—

(a)   

no such requirement to obtain a person’s consent or concurrence,

(b)   

no such liability in respect of a contravention of any other

20

requirement, and

(c)   

no such interference with any interest or right,

           

as there would otherwise be by reason of a provision within sub-paragraph

(3).

      (3)  

A provision is within this sub-paragraph to the extent that it has effect

25

(whether under an enactment or agreement or otherwise) in relation to the

terms on which the transferor is entitled or subject to anything to which the

transfer relates.

3          

A transfer scheme may define the property, rights and liabilities to be

transferred by specifying them or describing them.

30

4          

A transfer scheme may contain supplementary, incidental, transitional and

consequential provision.

Effect of transfers

5     (1)  

On the day appointed by a transfer scheme the property, rights and

liabilities which are the subject of the scheme are transferred to the Council

35

in accordance with the provisions of the scheme.

      (2)  

Sub-paragraph (1) has effect in relation to property, rights or liabilities to

which it applies in spite of any provision (of whatever nature) which would

prevent or restrict the transfer of the property, rights or liabilities otherwise

than by virtue of that sub-paragraph.

40

 

 

Consumers, Estate Agents and Redress Bill [HL]
Schedule 4 — Transfer of property etc to Council

60

 

6     (1)  

So far as is appropriate in consequence of the transfer, anything done by the

transferor for the purposes of or in connection with anything transferred

which is in effect immediately before it is transferred is to be treated as if

done by the Council.

      (2)  

A transfer does not affect the validity of anything done by or in relation to

5

the transferor before the transfer takes effect.

      (3)  

There may be continued by or in relation to the Council anything (including

legal proceedings) relating to anything transferred which is in the process of

being done by or in relation to the transferor immediately before it is

transferred.

10

      (4)  

So far as is appropriate in consequence of the transfer, the Council is

substituted for the transferor in any agreement, instrument or other

document relating to anything transferred.

Staff

7          

The Transfer of Undertakings (Protection of Employment) Regulations 2006

15

(S.I. 2006/246) apply to a transfer which relates to rights or liabilities under

a contract of employment whether or not the transfer would, apart from this

paragraph, be a relevant transfer for the purposes of those regulations.

8          

Where an employee of the transferor becomes an employee of the Council

by virtue of a transfer scheme—

20

(a)   

a period of employment with the transferor is to be treated as a

period of employment with the Council, and

(b)   

the transfer to the Council is not to be treated as a break in service.

Chargeable gains: asset to be treated as disposed of without a gain or loss

9          

For the purposes of the Taxation of Chargeable Gains Act 1992 (c. 12), a

25

transfer of an asset by a transfer scheme is to be treated as a disposal of that

asset to the Council for a consideration of such amount as would secure that,

on the disposal, neither a gain nor a loss accrues to the transferor.

Continuity in relation to transfer of intangible assets

10    (1)  

For the purposes of Schedule 29 to the Finance Act 2002 (c. 23)—

30

(a)   

a transfer by a transfer scheme of a chargeable intangible asset of the

transferor is to be treated as a tax-neutral transfer, and

(b)   

an intangible fixed asset which is an existing asset of the transferor at

the time of the transfer is to be treated, on and after the transfer, as

an existing asset in the hands of the Council.

35

      (2)  

Expressions used in this paragraph and in that Schedule have the same

meanings in this paragraph as in that Schedule.

Corporation Tax Acts

11         

So far as it relates to corporation tax, this Schedule is to be construed as one

with the Corporation Tax Acts.

40

 

 

Consumers, Estate Agents and Redress Bill [HL]
Schedule 5 — Information relating to compliance with complaints handling standards

61

 

Modification of transfer schemes after appointed day

12    (1)  

If, after the day appointed by a transfer scheme, the transferor and the

Council so agree in writing, the scheme shall for all purposes be deemed to

have come into force on that day with such modifications as may be agreed.

      (2)  

An agreement under this paragraph may, in connection with giving effect to

5

modifications to the scheme, include supplementary, incidental, transitional

and consequential provision.

Schedule 5

Section 45

 

Information relating to compliance with complaints handling standards

1     (1)  

The Gas Act 1986 (c. 44) is amended as follows.

10

      (2)  

In section 28 (orders for securing compliance with certain provisions), in the

definition of “relevant requirement” in subsection (8), after “33D” insert “,

33DB”.

      (3)  

After section 33DA insert—

“33DB   

    Information relating to complaints handling standards

15

(1)   

This section applies in relation to standards prescribed by the

Authority by regulations under section 43 of the Consumers, Estate

Agents and Redress Act 2007 (standards for complaints handling) in

relation to licence holders (or some of them).

(2)   

The Authority must from time to time collect information with

20

respect to the levels of compliance with the standards which those

licence holders have achieved.

(3)   

At such times as the Authority may direct, each of those licence

holders must give the Authority such information as the Authority

may direct with respect to the levels of compliance with the

25

standards which the licence holder has achieved.”

2     (1)  

The Electricity Act 1989 (c. 29) is amended as follows.

      (2)  

In section 25 (orders for securing compliance), in the definition of “relevant

requirement” in subsection (8), after “42A” insert “, 42AB”.

      (3)  

After section 42AA insert—       

30

“42AB   

Information relating to complaints handling standards

(1)   

This section applies in relation to standards prescribed by the

Authority by regulations under section 43 of the Consumers, Estate

Agents and Redress Act 2007 (standards for complaints handling) in

relation to licence holders (or some of them).

35

(2)   

The Authority must from time to time collect information with

respect to the levels of compliance with the standards which those

licence holders have achieved.

(3)   

At such times as the Authority may direct, each of those licence

holders must give the Authority such information as the Authority

40

 

 

 
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