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Enforcement of information requirements |
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1 | In section 28 of the Gas Act 1986 (orders for securing compliance with certain |
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provisions), in subsection (8), in the definition of “relevant requirement” for |
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“or section 27(4)(b) of the Utilities Act 2000 (order to comply with a direction |
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under section 24 of that Act)” substitute “or section 25(5) of the Consumers, |
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Estate Agents and Redress Act 2007 (directions to comply with requirements |
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under section 24 of that Act)”. |
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Electricity Act 1989 (c. 29) |
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2 | In section 25 of the Electricity Act 1989 (orders for securing compliance), in |
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subsection (8), in the definition of “relevant requirement” for “or section |
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27(4)(b) of the Utilities Act 2000 (order to comply with a direction under |
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section 24 of that Act)” substitute “or section 25(5) of the Consumers, Estate |
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Agents and Redress Act 2007 (directions to comply with requirements under |
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section 24 of that Act)”. |
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Postal Services Act 2000 (c. 26) |
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3 (1) | The Postal Services Act 2000 is amended as follows. |
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(2) | In section 22 (final orders)— |
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(i) | in paragraph (a) for “any condition of his licence” substitute |
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“any relevant requirement”, |
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(ii) | in paragraph (b) for “condition” substitute “requirement”, |
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(iii) | for “the condition” substitute “the requirement”, and |
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(b) | for subsection (5) substitute— |
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“final order” means an order under this section; |
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“relevant requirement”, in relation to a licence holder, |
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(a) | a condition of the licence holder’s licence, or |
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(b) | an obligation imposed on the licence holder |
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by virtue of section 25(5) of the Consumers, |
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Estate Agents and Redress Act 2007 |
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(directions to comply with requirements to |
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provide information under section 24 of that |
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(3) | In section 23 (provisional orders)— |
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(i) | in paragraph (a), for “any condition of his licence or is likely |
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to contravene any such condition” substitute “any relevant |
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requirement or is likely to contravene any such requirement”, |
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(ii) | for “the licence condition” substitute “the relevant |
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(b) | for subsection (2)(a) substitute— |
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“(a) | that the licence holder is contravening any relevant |
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requirement or is likely to contravene any such |
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(c) | in subsection (3) for “licence condition” substitute “relevant |
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(4) | In section 24 (confirmation of provisional orders), in subsection (1)— |
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(a) | for paragraph (a) substitute— |
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“(a) | it is satisfied that the licence holder is contravening |
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any relevant requirement or is likely to contravene |
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any such requirement, and”, and |
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(b) | in paragraph (b) for “condition” substitute “requirement”. |
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(5) | In section 25 (exceptions from duty to make or confirm enforcement orders), |
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in paragraph (b) for “condition” substitute “relevant requirement”. |
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(6) | In section 26 (enforcement orders: main procedural requirements), in |
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(a) | in paragraph (c) for “condition” substitute “relevant requirement”, |
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(b) | in paragraph (d) for “condition” substitute “relevant requirement”. |
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(7) | In section 30 (financial penalties)— |
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(i) | in paragraph (a) for “condition of his licence” substitute |
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“relevant requirement”, and |
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(ii) | in paragraph (b) for “condition” substitute “requirement”, |
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(b) | in subsection (3) for “condition” substitute “relevant requirement”. |
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(8) | In section 32 (imposition of financial penalties: main procedural |
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(a) | in subsection (2)(c), for “condition” substitute “relevant |
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(b) | in subsection (4)(c), for “condition” substitute “relevant |
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(9) | In section 34 (time-limit on the imposition of penalties)— |
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(a) | in subsection (1) for “licence condition” substitute “relevant |
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(b) | in subsection (2) for “licence condition” substitute “relevant |
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(10) | In section 126 (index of defined expressions) at the appropriate place in the |
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Abolition of consumer bodies: transitional provision |
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Complaints and investigations functions of Gas and Electricity Consumer Council |
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1 (1) | This paragraph applies to— |
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(a) | any complaint to which section 32(1) of the Gas Act 1986 (c. 44) |
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applies which is referred to the Gas and Electricity Consumer |
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Council before the appointed day; |
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(b) | any matter under investigation by the Gas and Electricity Consumer |
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Council under section 33 of that Act immediately before the |
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(2) | The functions of the Gas and Electricity Consumer Council under section 32 |
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or 33 of the Gas Act 1986 are exercisable by the Council in relation to the |
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complaint or matter, but as if in section 32(8) of that Act the reference to the |
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Utilities Act 2000 (c. 27) or the Gas Act 1986 included a reference to this Act |
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and to Part 9 of the Enterprise Act 2002 (c. 40). |
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(3) | Sub-paragraph (2) applies— |
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(a) | notwithstanding the repeal of sections 32 and 33 of the Gas Act 1986 |
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(b) | whether or not the complaint is within section 11, 12 or 13, or the |
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matter is within section 11. |
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(4) | “The appointed day” is the day on which section 30(1) comes into force. |
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2 (1) | This paragraph applies to— |
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(a) | any complaint to which section 46(1) of the Electricity Act 1989 (c. 29) |
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applies which is referred to the Gas and Electricity Consumer |
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Council before the appointed day; |
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(b) | any matter under investigation by the Gas and Electricity Consumer |
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Council under section 46A of that Act immediately before the |
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(2) | The functions of the Gas and Electricity Consumer Council under section 46 |
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or 46A of the Electricity Act 1989 are exercisable by the Council in relation to |
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the complaint or matter, but as if in section 46(8) of that Act the reference to |
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the Utilities Act 2000 or the Electricity Act 1989 included a reference to this |
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Act and Part 9 of the Enterprise Act 2002. |
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(3) | Sub-paragraph (2) applies— |
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(a) | notwithstanding the repeal of sections 46 and 46A of the Electricity |
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Act 1989 by this Act, and |
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(b) | whether or not the complaint is within section 11, 12 or 13, or the |
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matter is within section 11. |
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(4) | “The appointed day” is the day on which section 30(1) comes into force. |
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Annual reports of the Gas and Electricity Consumer Council |
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3 (1) | After the abolition of the Gas and Electricity Consumer Council under |
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section 30(1), any duty of the Gas and Electricity Consumer Council to make |
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an annual report, in relation to any financial year for which such a report has |
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not been made, is to be discharged by the Council. |
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(2) | The period between the abolition of the Gas and Electricity Consumer |
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Council and the end of the preceding financial year (if less than 12 months) |
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is to be treated as its financial year for which the last annual report is |
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(3) | If that period is 9 months or longer the Council must make the last annual |
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report as soon as practicable after the end of that period. |
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(4) | If that period is shorter than 9 months the last annual report must be made |
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no later than the first report of the Council under section 7. |
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“annual report” means a report required by paragraph 6 of Schedule 2 |
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to the Utilities Act 2000 (c. 27); |
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“financial year” means a year ending with 31 March. |
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Complaints and investigations functions of Consumer Council for Postal Services |
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4 (1) | This paragraph applies to any matter which, immediately before the |
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appointed day, is under investigation by the Consumer Council for Postal |
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(a) | section 56(1) of the Postal Services Act 2000 (c. 26) (complaints |
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referred to the Consumer Council for Postal Services), or |
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(b) | section 57 of that Act (power of that Council to investigate other |
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(2) | The functions of the Consumer Council for Postal Services under section 56 |
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or 57 of the Postal Services Act 2000 are exercisable by the Council in relation |
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to the matter, and any agreement between the Consumer Council for Postal |
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Services and the Commission under section 56(3) of that Act has effect as if |
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agreed between the Council and the Commission. |
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(3) | Sub-paragraph (2) applies— |
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(a) | notwithstanding the repeal of sections 56 and 57 of the Postal |
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Services Act 2000 by this Act; |
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(b) | whether or not the matter is within section 11 or 16. |
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(4) | “The appointed day” is the day on which section 30(2) comes into force. |
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Annual reports of the Consumer Council for Postal Services |
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5 (1) | After the abolition of the Consumer Council for Postal Services under |
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section 30(2), any duty of the Consumer Council for Postal Services to make |
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an annual report, in relation to any financial year for which such a report has |
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not been made, is to be discharged by the Council. |
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(2) | The period between the abolition of the Consumer Council for Postal |
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Services and the end of the preceding financial year (if less than 12 months) |
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is to be treated as the financial year for which the last annual report is |
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(3) | If that period is 9 months or longer the Council must make the last annual |
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report as soon as practicable after the end of that period. |
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(4) | If that period is shorter than 9 months the last annual report must be made |
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no later than the first report of the Council under section 7. |
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“annual report” means a report required by section 55(1) of the Postal |
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Services Act 2000 (c. 26); |
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“financial year” means a year ending with 31 March. |
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Transfer of property etc to Council |
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“transfer scheme” has the meaning given by section 35; |
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“transferor” means the body to which section 35 applies and to which |
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the transfer scheme relates. |
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Contents of transfer schemes |
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2 (1) | The property, rights and liabilities that may be transferred by a transfer |
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scheme include property, rights and liabilities that would not otherwise be |
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capable of being transferred or assigned. |
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(2) | The transfers authorised by sub-paragraph (1) include transfers of interests |
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and rights that are to take effect in accordance with the scheme as if there |
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(a) | no such requirement to obtain a person’s consent or concurrence, |
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(b) | no such liability in respect of a contravention of any other |
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(c) | no such interference with any interest or right, |
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| as there would otherwise be by reason of a provision within sub-paragraph |
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(3) | A provision is within this sub-paragraph to the extent that it has effect |
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(whether under an enactment or agreement or otherwise) in relation to the |
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terms on which the transferor is entitled or subject to anything to which the |
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3 | A transfer scheme may define the property, rights and liabilities to be |
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transferred by specifying them or describing them. |
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4 | A transfer scheme may contain supplementary, incidental, transitional and |
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5 (1) | On the day appointed by a transfer scheme the property, rights and |
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liabilities which are the subject of the scheme are transferred to the Council |
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in accordance with the provisions of the scheme. |
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(2) | Sub-paragraph (1) has effect in relation to property, rights or liabilities to |
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which it applies in spite of any provision (of whatever nature) which would |
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prevent or restrict the transfer of the property, rights or liabilities otherwise |
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than by virtue of that sub-paragraph. |
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6 (1) | So far as is appropriate in consequence of the transfer, anything done by the |
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transferor for the purposes of or in connection with anything transferred |
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which is in effect immediately before it is transferred is to be treated as if |
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(2) | A transfer does not affect the validity of anything done by or in relation to |
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the transferor before the transfer takes effect. |
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(3) | There may be continued by or in relation to the Council anything (including |
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legal proceedings) relating to anything transferred which is in the process of |
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being done by or in relation to the transferor immediately before it is |
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(4) | So far as is appropriate in consequence of the transfer, the Council is |
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substituted for the transferor in any agreement, instrument or other |
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document relating to anything transferred. |
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7 | The Transfer of Undertakings (Protection of Employment) Regulations 2006 |
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(S.I. 2006/246) apply to a transfer which relates to rights or liabilities under |
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a contract of employment whether or not the transfer would, apart from this |
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paragraph, be a relevant transfer for the purposes of those regulations. |
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8 | Where an employee of the transferor becomes an employee of the Council |
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by virtue of a transfer scheme— |
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(a) | a period of employment with the transferor is to be treated as a |
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period of employment with the Council, and |
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(b) | the transfer to the Council is not to be treated as a break in service. |
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Chargeable gains: asset to be treated as disposed of without a gain or loss |
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9 | For the purposes of the Taxation of Chargeable Gains Act 1992 (c. 12), a |
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transfer of an asset by a transfer scheme is to be treated as a disposal of that |
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asset to the Council for a consideration of such amount as would secure that, |
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on the disposal, neither a gain nor a loss accrues to the transferor. |
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Continuity in relation to transfer of intangible assets |
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10 (1) | For the purposes of Schedule 29 to the Finance Act 2002 (c. 23)— |
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(a) | a transfer by a transfer scheme of a chargeable intangible asset of the |
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transferor is to be treated as a tax-neutral transfer, and |
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(b) | an intangible fixed asset which is an existing asset of the transferor at |
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the time of the transfer is to be treated, on and after the transfer, as |
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an existing asset in the hands of the Council. |
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(2) | Expressions used in this paragraph and in that Schedule have the same |
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meanings in this paragraph as in that Schedule. |
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11 | So far as it relates to corporation tax, this Schedule is to be construed as one |
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with the Corporation Tax Acts. |
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Modification of transfer schemes after appointed day |
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12 (1) | If, after the day appointed by a transfer scheme, the transferor and the |
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Council so agree in writing, the scheme shall for all purposes be deemed to |
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have come into force on that day with such modifications as may be agreed. |
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(2) | An agreement under this paragraph may, in connection with giving effect to |
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modifications to the scheme, include supplementary, incidental, transitional |
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and consequential provision. |
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Information relating to compliance with complaints handling standards |
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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 “, |
| |
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(3) | After section 33DA insert— |
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“33DB | Information relating to complaints handling standards |
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(1) | This section applies in relation to standards prescribed by the |
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Authority by regulations under section 43 of the Consumers, Estate |
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Agents and Redress Act 2007 (standards for complaints handling) in |
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relation to licence holders (or some of them). |
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(2) | The Authority must from time to time collect information with |
| 20 |
respect to the levels of compliance with the standards which those |
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licence holders have achieved. |
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(3) | At such times as the Authority may direct, each of those licence |
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holders must give the Authority such information as the Authority |
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may direct with respect to the levels of compliance with the |
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standards which the licence holder has achieved.” |
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2 (1) | The Electricity Act 1989 (c. 29) is amended as follows. |
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(2) | In section 25 (orders for securing compliance), in the definition of “relevant |
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requirement” in subsection (8), after “42A” insert “, 42AB”. |
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(3) | After section 42AA insert— |
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“42AB | Information relating to complaints handling standards |
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(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 |
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|
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|