Consumers, Estate Agents and Redress Act 2007

Prospective

Determining priorities E+W+S+N.I.

5 Forward work programmes E+W+S+N.I.

(1) The Council must before each financial year publish a document (the “forward work programme”) containing—

(a) a statement of any priorities of the Council for the year in relation to designated consumers generally or any description of designated consumers;

(b) a general description of the main activities (including any projects) which it plans to undertake during the year in relation to designated consumers generally or any description of designated consumers;

(c) a statement of any other priorities of the Council for the year;

(d) a general description of any other projects which it plans to undertake during the year (other than those comprising routine activities in the exercise of its functions).

(2) The description of a project under subsection (1)(b) or (d) must include the objectives of the project.

(3) The forward work programme for any year must also include—

(a) an estimate of the overall expenditure which the Council expects to incur during the year in the exercise of its functions, and

(b) an estimate of the expenditure (if any) which the Council expects to incur during the year in the exercise of its functions in relation to designated consumers.

(4) An estimate under subsection (3)(b) must identify the expenditure (if any) which the Council expects to incur in the exercise of its functions in relation to each of the following—

(a) consumers in relation to gas conveyed through pipes or electricity conveyed by distribution systems or transmission systems;

(b) consumers in relation to relevant postal services;

(c) consumers who are designated consumers by virtue of an order under section 4(2)(a).

(5) Before publishing the forward work programme for any year, the Council must publish a notice—

(a) containing a draft of the forward work programme, and

(b) specifying the period within which representations about the proposals contained in it may be made,

and must consider any representations which are duly made and not withdrawn.

(6) The notice under subsection (5) must be published by the Council in such manner as it considers appropriate for the purpose of bringing the matters contained in the notice to the attention of persons likely to have an interest in them.

(7) The Council must send a copy of any notice given by it under subsection (5) to—

(a) the Secretary of State,

(b) the Scottish Ministers,

(c) the Welsh Ministers,

(d) the Office of Fair Trading, and

(e) any regulatory body which the Council considers might have an interest in the content of the notice.

6 General provision about functions E+W+S+N.I.

(1) In exercising its functions the Council must comply with the requirements of this section.

(2) The Council must have regard to the forward work programme published under section 5.

(3) The Council must have regard to the interests of consumers in different areas.

(4) The Council must have regard to the interests of consumers that are one or more of the following—

(a) disabled or chronically sick individuals;

(b) individuals of pensionable age;

(c) individuals with low incomes;

(d) individuals residing in rural areas.

(5) But nothing in subsection (4) is to be taken as implying that regard may not be had to the interests of other descriptions of consumers.

(6) The Council must have regard to the need to use its resources in the most efficient and economic way.

(7) In discharging the duty imposed by subsection (6), the Council must take account of the existence of any other public bodies with the same functions as, or similar functions to, those of the Council and the activities carried on by such bodies.

(8) The Council must exercise its functions in the manner which it considers is best calculated to contribute to the achievement of sustainable development.

(9) Subject to section 13 (investigation of complaints relating to disconnection of gas or electricity), nothing in this Part imposes on the Council a duty to exercise any of its functions on behalf of or at the request of a particular consumer.

(10) A person is of pensionable age for the purposes of this section if—

(a) the person has attained pensionable age (within the meaning given by the rules in paragraph 1 of Schedule 4 to the Pensions Act 1995 (c. 26)), or

(b) in the case of a man born before 6 April 1955, he is the same age as a woman who has attained pensionable age (within the meaning so given).