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 6 — Estate Agents’ Redress Schemes
69

      (3)
If the authority are not satisfied—
(a)
that the recipient committed the breach of duty specified in
the notice;
(b)
that the notice was given within the time allowed by
section 23B(2) and complies with the other requirements
5
imposed by or under this Schedule; and
(c)
that in the circumstances of the case it was appropriate for
a penalty charge notice to be given to the recipient,

they shall withdraw the penalty charge notice.
6     (1)
If after a review the penalty charge notice is confirmed by the
10
enforcement authority, the recipient may, within the period of 28
days beginning with the day after that on which the notice under
paragraph 5(1)(c) is given, appeal to a county court or, in Scotland,
to the sheriff against the penalty charge notice.
      (2)
The county court or the sheriff may extend the period for
15
appealing against the notice.
      (3)
Such an appeal must be on one (or more) of the following
grounds—
(a)
that the recipient did not commit the breach of duty
specified in the penalty charge notice;
20
(b)
that the notice was not given within the time allowed by
section 23B(2) or does not comply with any other
requirement imposed by or under this Schedule; or
(c)
that in the circumstances of the case it was inappropriate
for the notice to be given to the recipient.
25
      (4)
An appeal against a penalty charge notice shall be by way of a
rehearing; and the county court or sheriff shall either uphold the
notice or quash it.
7
If the penalty charge notice is withdrawn or quashed, the
authority shall repay any amount previously paid as a penalty
30
charge in pursuance of the notice.
8     (1)
The amount of the penalty charge is recoverable from the recipient
of the penalty charge notice as a debt owed to the authority
unless—
(a)
the notice has been withdrawn or quashed; or
35
(b)
the charge has been paid.
      (2)
Proceedings for the recovery of the penalty charge may not be
commenced before the end of the period mentioned in paragraph
5(1).
      (3)
And if within that period the recipient of the penalty charge notice
40
gives notice to the authority that he wishes the authority to review
the penalty charge notice, such proceedings may not be
commenced—
(a)
before the end of the period mentioned in paragraph 6(1);
and
45
(b)
where the recipient appeals against the penalty charge
notice, before the end of the period of 28 days beginning

Consumers, Estate Agents and Redress Bill [HL]
Schedule 7 — Minor and consequential amendments
70

with the day on which the appeal is withdrawn or
determined.
9
In proceedings for the recovery of the penalty charge, a certificate
which—
(a)
purports to be signed by or on behalf of the person having
5
responsibility for the financial affairs of the enforcement
authority; and
(b)
states that payment of the penalty charge was or was not
received by a date specified in the certificate;

is evidence of the facts stated.
10
10
Section 29 (service of notices etc.) applies in relation to—
(a)
any penalty charge notice which is to be given under
section 23B(1) by a duly authorised officer of an
enforcement authority other than the OFT; and
(b)
any notice which is to be given under paragraph 5(1)(c) of
15
this Schedule by such an enforcement authority;

as it applies in relation to any notice which under this Act is to be
given to any person by the OFT.
11
The Secretary of State may by regulations make provision
supplementary or incidental to the provisions of this Schedule,
20
including in particular provision prescribing—
(a)
the form of penalty charge notices or of any other notice
mentioned in this Schedule;
(b)
circumstances in which penalty charge notices may not be
given;
25
(c)
the method or methods by which penalty charges may be
paid.
12
Any power to make regulations under this Schedule shall be
exercisable by statutory instrument which shall be subject to
annulment in pursuance of a resolution of either House of
30
Parliament.”
Schedule 7
Section 63

Minor and consequential amendments
Estate Agents Act 1979 (c. 38)
1
In section 3 of the Estate Agents Act 1979 (prohibition orders), in subsection
35
(3) for “paragraphs (c) and (d)” substitute “paragraphs (ba) to (d)”.
2
In section 6 of that Act (revocation and variation of orders)—
(a)
in subsection (4) in paragraph (b), for the words from “again fail to
comply” to the end of the paragraph substitute “engage in further
conduct as mentioned in subsection (1A)(b) or (1B)(b) of that section
40
or engage again in the practice specified in the order, as the case may
be.”; and
(b)
omit subsection (7).

Consumers, Estate Agents and Redress Bill [HL]
Schedule 7 — Minor and consequential amendments
71

3
In section 30(2) of that Act (orders and regulations to which duty to consult
applies), after “19” insert “, 21A”.
Gas Act 1986 (c. 44)
4
The Gas Act 1986 is amended as follows.
5
In section 4AB (guidance on social and environmental matters), for
5
subsection (3)(b) substitute—
“(b)
the Council;”.
6
In section 28 (orders for securing compliance with certain provisions), in
subsection (6) for first “and” substitute “or”.
Electricity Act 1989 (c. 29)
10
7
The Electricity Act 1989 is amended as follows.
8
In section 3B (guidance on social and environmental matters), for subsection
(3)(b) substitute—
“(b)
the Council;”.
9
In section 25 (orders for securing compliance), in subsection (6) for first
15
“and” substitute “or”.
Water Industry Act 1991 (c. 56)
10
In Schedule 15 to the Water Industry Act 1991 (disclosure of information)—
(a)
in Part 1 (persons in respect of whose functions disclosure may be
made), at the end insert—
20
“The National Consumer Council.”, and
(b)
in Part 2 (enactments etc in respect of which disclosure may be
made), after the entry for the Railways Act 2005 insert—
“The Consumers, Estate Agents and Redress Act 2007.”
Taxation of Chargeable Gains Act 1992 (c. 12)
25
11
In section 35(3)(d) of the Taxation of Chargeable Gains Act 1992 (no gain no
loss disposals), after sub-paragraph (xvi) insert—
“(xvii)
paragraph 9 of Schedule 4 to the Consumers, Estate
Agents and Redress Act 2007.”
Postal Services Act 2000 (c. 26)
30
12
The Postal Services Act 2000 is amended as follows.
13
In section 44 (review and information), in subsection (5) for “section 58(1)”
substitute “section 24(1) of the Consumers, Estate Agents and Redress Act
2007”.
14
In section 61 (forward work programme)—
35
(a)
in subsection (1) omit—
(i)
“and the Council”, and
(ii)
“each” (in the second place),
(b)
in subsection (2)(b) omit “or the Council”,

Consumers, Estate Agents and Redress Bill [HL]
Schedule 7 — Minor and consequential amendments
72

(c)
in subsection (3) omit “or the Council”, and
(d)
in subsection (5)—
(i)
in paragraph (a) omit “or (as the case may be) the
Commission”, and
(ii)
in paragraph (b) omit “or (as the case may be) the Council”.
5
15
In section 126 (index of defined expressions), in the entry for “The Council”,
in the second column for “Section 2(1)” substitute “Section 125(1)”.
16    (1)
Schedule 7 (disclosure of information) is amended as follows.
      (2)
In paragraph 1, after sub-paragraph (1)(b) insert “, and
(c)
it is not information within section 29(3) of the Consumers,
10
Estate Agents and Redress Act 2007 (application of
disclosure regime in Part 9 of the Enterprise Act 2002 to
information obtained by the Council).”
      (3)
In paragraph 3—
(a)
for sub-paragraph (2)(u) substitute—
15
“(u)
the National Consumer Council.”, and
(b)
at the end of sub-paragraph (3) of that paragraph insert—
“(rr)
the Consumers, Estate Agents and Redress Act
2007.”
      (4)
In paragraph 5(1)—
20
(a)
after paragraph (b) insert “or”, and
(b)
omit paragraph (d) and the “or” immediately preceding it.
17
In Schedule 8 (amendments of enactments), in paragraph 10 for “that
Schedule to that Act” substitute “Schedule 2 to the Parliamentary
Commissioner Act 1967”.
25
Utilities Act 2000 (c. 27)
18
The Utilities Act 2000 is amended as follows.
19
In section 4 (forward work programmes)—
(a)
in subsection (1) omit—
(i)
“and the Council”, and
30
(ii)
“each” (in the second place),
(b)
in subsection (3) omit “or the Council”,
(c)
in subsection (4) omit “or the Council”,
(d)
in subsection (5) omit “or the Council”, and
(e)
omit subsection (7).
35
20
In section 105 (general restrictions on disclosure of information)—
(a)
in subsection (5) omit “and” immediately preceding paragraph (l)
and after that paragraph insert “, and
(m)
the National Consumer Council.”,
(b)
in subsection (6), at the end insert—
40
“(v)
the Consumers, Estate Agents and Redress Act
2007.”,
(c)
in subsection (8) omit—
(i)
in paragraph (a) “33DA or”, and “42AA or”, and

Consumers, Estate Agents and Redress Bill [HL]
Schedule 8 — Repeals
73

(ii)
in paragraph (c) “, the Council”, and
(d)
after subsection (11) insert—
“(11A)
Nothing in this section applies to information within section
29(3) of the Consumers, Estate Agents and Redress Act 2007
(application of disclosure regime in Part 9 of the Enterprise
5
Act 2002 to information obtained by the Council).”
Warm Homes and Energy Conservation Act 2000 (c. 31)
21
In section 2 (strategy relating to fuel poverty) in subsection (4)(c) for “Gas
and Electricity Consumer Council” substitute “National Consumer
Council”.
10
Criminal Justice and Police Act 2001 (c. 16)
22
In the Criminal Justice and Police Act 2001 —
(a)
in section 66 (general interpretation of Part 2), in subsection (4)(e) for
“section 11(1) of the Estate Agents Act 1979” substitute “section 11(1)
to (1C) of the Estate Agents Act 1979”, and
15
(b)
in Part 1 of Schedule 1 (powers of seizure to which section 50
applies), in paragraph 24 for “section 11(1)(c) of the Estate Agents
Act 1979” substitute “section 11(1B) of the Estate Agents Act 1979”.
Housing Act 2004 (c. 34)
23    (1)
The Housing Act 2004 is amended as follows.
20
      (2)
In section 166 (enforcement authorities), in subsection (2) for the words from
“to enforce” to the end of the subsection substitute “to enforce the duties
under sections 155 to 159 and 167(4) in their area.”
      (3)
In section 168 (penalty charge notices), in subsection (1) for the words from
“a breach of” to the end of the subsection substitute “a breach of any duty
25
under sections 155 to 159 and 167(4), give a penalty charge notice to that
person.”
Schedule 8
Section 64

Repeals

Short title and chapter
Extent of repeal

30

Public Records Act 1958 (c. 51)
In Schedule 1, in the Table at the end of

paragraph 3, the entries relating to the

Consumer Council for Postal Services and the

Gas and Electricity Consumer Council.

Parliamentary Commissioner
In Schedule 2 the entries relating to the

35

Act 1967 (c. 13)
Consumer Council for Postal Services, the

Gas and Electricity Consumer Council and

the National Consumer Council.

Consumers, Estate Agents and Redress Bill [HL]
Schedule 8 — Repeals
74

Short title and chapter
Extent of repeal

House of Commons
In Schedule 1—

Disqualification Act 1975
(a)
in Part 2 the entries relating to the

(c. 24)
Consumer Council for Postal Services

and the Gas and Electricity Consumer

5

Council, and

(b)
in Part 3 the entries relating to the

Chairman and Deputy Chairman of the

National Consumer Council.

Race Relations Act 1976 (c. 74)
In Schedule 1A, in Part 2, the entries for the

10

Consumer Council for Postal Services

(“Postwatch”), the Gas and Electricity

Consumer Council (Energywatch) and the

National Consumer Council.

Estate Agents Act 1979 (c. 38)
Section 5(4).

15

Section 6(7).

Section 9(4)(a).

Section 27(1)(b).

Gas Act 1986 (c. 44)
Sections 32 and 33.

Electricity Act 1989 (c. 29)
Sections 46 and 46A.

20

Postal Services Act 2000 (c. 26)
Section 2.

In section 39 “or of the Secretary of State in

relation to the establishment of the Council”.

Sections 51 to 59.

In section 61—

25

(a)
in subsection (1) “and the Council” and

“each” (in the second place),

(b)
in subsection (2)(b) “or the Council”,

(c)
in subsection (3) “or the Council”,

(d)
in subsection (5)(a) “or (as the case may

30

be) the Commission”, and

(e)
in subsection (5)(b) “or (as the case may

be) the Council”.

Schedule 2.

In Schedule 7, paragraph 5(1)(d) and the “or”

35

immediately preceding it.

In Schedule 8, paragraphs 9 and 14(2).

Utilities Act 2000 (c. 27)
Section 2.

Section 3(6).

In section 4—

40

(a)
in subsection (1) “and the Council” and

“each” (in the second place),

(b)
in subsection (3) “or the Council”,

(c)
in subsection (4) “or the Council”,

(d)
in subsection (5) “or the Council”, and

45

(e)
subsection (7).

In section 8—

(a)
subsection (3)(b) and the “and”

immediately preceding it, and

(b)
subsection (7).

50

Consumers, Estate Agents and Redress Bill [HL]
Schedule 8 — Repeals
75

Short title and chapter
Extent of repeal

Utilities Act 2000 (c. 27)—cont.
Sections 17, 18(1) to (4) and (7), 19, 20(1) to (4),

21 to 27.

In section 105—

(a)
in subsection (5) “and” immediately

5

preceding paragraph (l),

(b)
in subsection (8)(a) “33DA or” and

“42AA or”, and

(c)
in subsection (8)(c) “, the Council”.

Schedule 2.

10

In Schedule 6, paragraphs 12(f) (and the “and”

immediately preceding it), 22(b), 40(b) and

42.

In Schedule 7—

(a)
paragraphs 24 and 25,

15

(b)
in paragraph 26(1), “or the Council”,

(c)
paragraphs 28 and 30,

(d)
paragraphs 31 and 32.

Freedom of Information Act
In Schedule 1, in Part 6, the entries for the

2000 (c. 36)
Consumer Council for Postal Services, the

20

Gas and Electricity Consumer Council and

the National Consumer Council.

Warm Homes and Energy
Section 2(9).

Conservation Act 2000 (c. 31)

Enterprise Act 2002 (c. 40)
In Schedule 25, paragraphs 15(7), 20(8) and

25

42(6).

Energy Act 2004 (c. 20)
Section 179(3)(b) and (e).

Housing Act 2004 (c. 34)
Sections 172 to 174.