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Consumers, Estate Agents and Redress Act 2007

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  1. Introductory Text

  2. Part 1 The National Consumer Council

    1. The National Consumer Council and territorial committees

      1. 1.Establishment of the National Consumer Council and its territorial committees

      2. 2.The territorial committees

    2. “Consumer”, “consumer matters” and “designated consumers”

      1. 3.“Consumer” and “consumer matters”

      2. 4.“Designated consumers”

    3. Determining priorities

      1. 5.Forward work programmes

      2. 6.General provision about functions

    4. Annual report

      1. 7.Annual report

    5. The core functions

      1. 8.The representative function

      2. 9.The research function

      3. 10.The information function

    6. Powers of investigation

      1. 11.General powers of investigation

      2. 12.Investigation of complaints made by vulnerable designated consumers

      3. 13.Investigation of complaints relating to disconnection of gas or electricity

      4. 14.Reference of matters to the Gas and Electricity Markets Authority

      5. 15.Reference of matters to the Postal Services Commission

      6. 16.Investigations relating to public post offices

    7. Other functions of the Council

      1. 17.Reports by the Council

      2. 18.Secretary of State's power to require reports

      3. 19.Advice, information and guidance

      4. 20.Duty to enter into co-operation arrangements

      5. 21.Power to co-operate and give assistance

      6. 22.Voluntary activities

      7. 23.Supplementary powers etc

    8. Information

      1. 24.Provision of information to the Council

      2. 25.Enforcement by regulator of section 24 notice

      3. 26.Enforcement by court of section 24 notice

      4. 27.Provision of information by the Council

      5. 28.Exemptions from requirements to provide information

      6. 29.Disclosure of information

    9. Abolition of consumer bodies

      1. 30.Abolition of “Energywatch” and “Postwatch”

      2. 31.Designation of the Consumer Council for Water for abolition

      3. 32.Transfer orders and abolition orders

      4. 33.Supplementary provision about transfer and abolition orders

    10. Abolition: supplementary provision

      1. 34.Compensation for loss of office

      2. 35.Transfer of property etc

      3. 36.Directions

    11. Alteration of the Council's functions

      1. 37.Extension of the Council's functions: Great Britain

      2. 38.Removal of the Council's functions in relation to Northern Ireland

    12. Representation on other consumer panels

      1. 39.The Financial Services Consumer Panel

      2. 40.The OFCOM Consumer Panel

    13. Interpretation

      1. 41.Interpretation of Part 1

  3. Part 2 Complaints handling and redress schemes

    1. Introductory

      1. 42.Interpretation of Part 2

    2. Standards for handling complaints

      1. 43.Standards for handling complaints

      2. 44.Requirements for making regulations under section 43

      3. 45.Information with respect to compliance with complaints handling standards

      4. 46.Supply of information to consumers

    3. Requirements relating to redress schemes

      1. 47.Membership of redress scheme

      2. 48.Membership of redress schemes: supplementary

      3. 49.Approval of redress schemes

      4. 50.Approval of redress schemes: supplementary

      5. 51.Procedure for refusing or withdrawing approval

    4. Enforcement

      1. 52.Enforcement of requirements imposed under Part 2

  4. Part 3 Amendment of the Estate Agents Act 1979

    1. Estate agents' duties

      1. 53.Membership of redress schemes

      2. 54.Duty to keep records

    2. Prohibition and warning orders

      1. 55.Grounds for prohibition orders

      2. 56.Grounds for warning orders

    3. Investigatory powers

      1. 57.Powers of entry and inspection

      2. 58.Failure to produce information

  5. Part 4 Miscellaneous and general

    1. Contracts concluded away from business premises

      1. 59.Contracts concluded away from business premises

    2. Subordinate legislation

      1. 60.Orders and regulations

      2. 61.Directions

      3. 62.Parliamentary control of orders and regulations

    3. Amendments, transitional provision and repeals

      1. 63.Minor, consequential and transitional provision

      2. 64.Repeals

    4. General

      1. 65.Extent

      2. 66.Commencement

      3. 67.Short title

  6. SCHEDULES

    1. SCHEDULE 1

      The National Consumer Council

      1. Part 1 Members of the Council

        1. Membership

          1. 1.(1) The Council is to consist of the following members—...

        2. Terms of appointment and tenure of members

          1. 2.Subject to this Schedule, a member of the Council—

          2. 3.(1) The Council may pay, or make provision for paying—...

          3. 4.(1) A non-executive member must be appointed for a fixed...

          4. 5.(1) A person ceases to be a member of the...

          5. 6.Where— (a) a non-executive member ceases to be a member...

      2. Part 2 Staff of the Council

        1. The Chief Executive

          1. 7.(1) The Council is to employ a person as its...

        2. Other staff

          1. 8.(1) The Council may appoint such other staff, on such...

        3. The Superannuation Act 1972

          1. 9.(1) The persons to whom section 1 of the Superannuation...

        4. Arrangements for assistance

          1. 10.(1) The Council may make arrangements with such persons as...

      3. Part 3 Territorial, regional and other committees

        1. Constitution of territorial committees

          1. 11.(1) A territorial committee is to consist of a chairman,...

        2. Regional committees

          1. 12.(1) The Council may, with the approval of the Secretary...

        3. Constitution of regional committees

          1. 13.(1) A regional committee is to consist of a chairman,...

        4. Other committees

          1. 14.The Council may establish such other committees as it considers...

        5. General provision about committees

          1. 15.(1) In this paragraph and paragraphs 16 and 17 “committee”...

        6. Terms of appointment etc

          1. 16.Subject to this Schedule, a member of a committee—

          2. 17.(1) The Council may— (a) pay to any non-executive member...

          3. 18.(1) A non-executive member of a territorial or regional committee...

          4. 19.(1) A person ceases to be a member of a...

          5. 20.Where— (a) a non-executive member of a territorial committee ceases...

      4. Part 4 Procedure etc

        1. Procedure

          1. 21.The Council may regulate— (a) its own procedure (including quorum),...

          2. 22.The validity of any act of the Council is not...

        2. Delegation

          1. 23.(1) The Council may authorise— (a) the Council Chairman or...

        3. Application of seal and proof of instruments

          1. 24.The application of the seal of the Council is to...

          2. 25.Any contract or instrument which, if entered into or executed...

          3. 26.A document purporting to be duly executed under the seal...

        4. Offices

          1. 27.(1) The Council must maintain an office in each of...

      5. Part 5 Funding and accounts

        1. Funding

          1. 28.The Secretary of State may pay the Council out of...

          2. 29.(1) Section 8 of the Utilities Act 2000 (c. 27)...

          3. 30.In section 39 of the Postal Services Act 2000 (c....

          4. 31.(1) After section 39 of that Act insert— Licences and...

        2. Accounts

          1. 32.(1) The Council must— (a) keep proper accounts and proper...

      6. Part 6 Status etc

        1. Status

          1. 33.(1) The Council is not to be regarded—

        2. Disqualification

          1. 34.(1) In Part 2 of Schedule 1 to the House...

        3. Freedom of information

          1. 35.In Part 6 of Schedule 1 to the Freedom of...

        4. Public records

          1. 36.(1) In Schedule 1 to the Public Records Act 1958...

        5. Parliamentary Commissioner Act 1967

          1. 37.In Schedule 2 to the Parliamentary Commissioner Act 1967 (c....

        6. Exemption from liability in damages

          1. 38.(1) This paragraph applies to— (a) the Council;

    2. SCHEDULE 2

      Enforcement of information requirements

      1. Gas Act 1986 (c. 44)

        1. 1.In section 28 of the Gas Act 1986 (orders for...

      2. Electricity Act 1989 (c. 29)

        1. 2.In section 25 of the Electricity Act 1989 (orders for...

      3. Postal Services Act 2000 (c. 26)

        1. 3.(1) The Postal Services Act 2000 is amended as follows....

    3. SCHEDULE 3

      Abolition of consumer bodies: transitional provision

      1. Complaints and investigations functions of Gas and Electricity Consumer Council

        1. 1.(1) This paragraph applies to— (a) any complaint to which...

        2. 2.(1) This paragraph applies to— (a) any complaint to which...

      2. Annual reports of the Gas and Electricity Consumer Council

        1. 3.(1) After the abolition of the Gas and Electricity Consumer...

      3. Complaints and investigations functions of Consumer Council for Postal Services

        1. 4.(1) This paragraph applies to any matter which, immediately before...

      4. Annual reports of the Consumer Council for Postal Services

        1. 5.(1) After the abolition of the Consumer Council for Postal...

    4. SCHEDULE 4

      Transfer of property etc to Council

      1. Preliminary

        1. 1.In this Schedule— “transfer scheme” has the meaning given by...

      2. Contents of transfer schemes

        1. 2.(1) The property, rights and liabilities that may be transferred...

        2. 3.A transfer scheme may define the property, rights and liabilities...

        3. 4.A transfer scheme may contain supplementary, incidental, transitional and consequential...

      3. Effect of transfers

        1. 5.(1) On the day appointed by a transfer scheme the...

        2. 6.(1) So far as is appropriate in consequence of the...

      4. Staff

        1. 7.The Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I....

        2. 8.Where an employee of the transferor becomes an employee of...

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

        1. 9.For the purposes of the Taxation of Chargeable Gains Act...

      6. Continuity in relation to transfer of intangible assets

        1. 10.(1) For the purposes of Schedule 29 to the Finance...

      7. Corporation Tax Acts

        1. 11.So far as it relates to corporation tax, this Schedule...

      8. Modification of transfer schemes after appointed day

        1. 12.(1) If, after the day appointed by a transfer scheme,...

    5. SCHEDULE 5

      Information relating to compliance with complaints handling standards

      1. 1.(1) The Gas Act 1986 (c. 44) is amended as...

      2. 2.(1) The Electricity Act 1989 (c. 29) is amended as...

      3. 3.(1) The Postal Services Act 2000 (c. 26) is amended...

    6. SCHEDULE 6

      Estate Agents' Redress Schemes

      1. 1.The Estate Agents Act 1979 (c. 38) is amended as...

      2. 2.After section 23 insert— Redress schemes Redress schemes (1) The Secretary of State may by order require persons...

      3. 3.After Schedule 2 insert— SCHEDULE 3 Redress Schemes Section 23A(10)...

      4. 4.After Schedule 3 (as inserted by paragraph 3) insert— SCHEDULE...

    7. SCHEDULE 7

      Minor and consequential amendments

      1. Estate Agents Act 1979 (c. 38)

        1. 1.In section 3 of the Estate Agents Act 1979 (prohibition...

        2. 2.In section 6 of that Act (revocation and variation of...

        3. 3.In section 30(2) of that Act (orders and regulations to...

      2. Gas Act 1986 (c. 44)

        1. 4.The Gas Act 1986 is amended as follows.

        2. 5.In section 4AB (guidance on social and environmental matters), for...

        3. 6.In section 28 (orders for securing compliance with certain provisions),...

      3. Electricity Act 1989 (c. 29)

        1. 7.The Electricity Act 1989 is amended as follows.

        2. 8.In section 3B (guidance on social and environmental matters), for...

        3. 9.In section 25 (orders for securing compliance), in subsection (6)...

      4. Water Industry Act 1991 (c. 56)

        1. 10.In Schedule 15 to the Water Industry Act 1991 (disclosure...

      5. Taxation of Chargeable Gains Act 1992 (c. 12)

        1. 11.In section 35(3)(d) of the Taxation of Chargeable Gains Act...

      6. Postal Services Act 2000 (c. 26)

        1. 12.The Postal Services Act 2000 is amended as follows.

        2. 13.In section 44 (review and information), in subsection (5) for...

        3. 14.In section 61 (forward work programme)— (a) in subsection (1)...

        4. 15.In section 126 (index of defined expressions), in the entry...

        5. 16.(1) Schedule 7 (disclosure of information) is amended as follows....

        6. 17.In Schedule 8 (amendments of enactments), in paragraph 10 for...

      7. Utilities Act 2000 (c. 27)

        1. 18.The Utilities Act 2000 is amended as follows.

        2. 19.In section 4 (forward work programmes)— (a) in subsection (1)...

        3. 20.In section 105 (general restrictions on disclosure of information)—

      8. Warm Homes and Energy Conservation Act 2000 (c. 31)

        1. 21.In section 2 (strategy relating to fuel poverty) in subsection...

      9. Criminal Justice and Police Act 2001 (c. 16)

        1. 22.In the Criminal Justice and Police Act 2001 —

      10. Housing Act 2004 (c. 34)

        1. 23.(1) The Housing Act 2004 is amended as follows.

    8. SCHEDULE 8

      Repeals

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