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The Authority must make and maintain effective arrangements for consulting practitioners and consumers on the extent to which its general policies and practices are consistent with its general duties under section 2.
Modifications etc. (not altering text)
C1S. 8 excluded (17.8.2001) by S.I. 2001/2617, arts. 2(a), 4(3), 8, Sch. 2 para. 5
(1)Arrangements under section 8 must include the establishment and maintenance of a panel of persons (to be known as “the Practitioner Panel”) to represent the interests of practitioners.
(2)The Authority must appoint one of the members of the Practitioner Panel to be its chairman.
(3)The Treasury’s approval is required for the appointment or dismissal of the chairman.
(4)The Authority must have regard to any representations made to it by the Practitioner Panel.
(5)The Authority must appoint to the Practitioner Panel such—
(a)individuals who are authorised persons,
(b)persons representing authorised persons,
(c)persons representing recognised investment exchanges, and
(d)persons representing recognised clearing houses,
as it considers appropriate.
(1)Arrangements under section 8 must include the establishment and maintenance of a panel of persons (to be known as “the Consumer Panel”) to represent the interests of consumers.
(2)The Authority must appoint one of the members of the Consumer Panel to be its chairman.
(3)The Treasury’s approval is required for the appointment or dismissal of the chairman.
(4)The Authority must have regard to any representations made to it by the Consumer Panel.
(5)The Authority must appoint to the Consumer Panel such consumers, or persons representing the interests of consumers, as it considers appropriate.
[F1(5A)The Secretary of State may direct the Authority to appoint as a member of the Consumer Panel a person specified by the Secretary of State who—
(a)is a non-executive member of the National Consumer Council, and
(b)is nominated for the purposes of this subsection by the National Consumer Council after consultation with the Authority.
(5B)Only one person may, at any time, be a member of the Consumer Panel appointed in accordance with a direction under subsection (5A); but that does not prevent the Authority appointing as a member of the Consumer Panel any person who is also a member of the National Consumer Council.
(5C)A person appointed in accordance with a direction under subsection (5A) ceases to be a member of the Panel on ceasing to be a non-executive member of the National Consumer Council.]
(6)The Authority must secure that the membership of the Consumer Panel is such as to give a fair degree of representation to those who are using, or are or may be contemplating using, services otherwise than in connection with businesses carried on by them.
(7)“Consumers” means persons, other than authorised persons—
(a)who are consumers for the purposes of section 138; or
(b)who, in relation to regulated activities carried on otherwise than by authorised persons, would be consumers for those purposes if the activities were carried on by authorised persons.
Textual Amendments
F1S. 10(5A)-(5C) inserted (21.12.2007) by Consumers, Estate Agents and Redress Act 2007 (c. 17), ss. 39, 66(2) (with s. 6(9)); S.I. 2007/3546, art. 3, Sch.
Modifications etc. (not altering text)
C2S. 10(7) modified (18.6.2001) by S.I. 2001/1821, arts. 1(1), 3(4)
(1)This section applies to a representation made, in accordance with arrangements made under section 8, by the Practitioner Panel or by the Consumer Panel.
(2)The Authority must consider the representation.
(3)If the Authority disagrees with a view expressed, or proposal made, in the representation, it must give the Panel a statement in writing of its reasons for disagreeing.