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Part 1U.K.[F1THE CONSUMER ADVOCACY BODIES]

Textual Amendments

F1Pt. 1 heading substituted (1.4.2014) by The Public Bodies (Abolition of the National Consumer Council and Transfer of the Office of Fair Trading's Functions in relation to Estate Agents etc) Order 2014 (S.I. 2014/631), art. 1(3), Sch. 1 para. 12(2) (with Sch. 1 para. 28, Sch. 2 paras. 13-15)

Modifications etc. (not altering text)

C1Pt. 1 power to apply (with modifications) conferred (26.10.2023) by Energy Act 2023 (c. 52), s. 334(2)(l), Sch. 18 para. 61(1)

C2Pt. 1 power to extend (N.I.) conferred (26.10.2023) by Energy Act 2023 (c. 52), s. 334(2)(l), Sch. 18 para. 61(3)

Powers of investigationU.K.

11 General powers of investigationU.K.

(1)[F2The GCCNI] may investigate—

(a) a complaint made by or on behalf of a consumer which appears to [F3the GCCNI] to raise one or more issues of general relevance [F4 concerning consumer matters that relate to postal services in Northern Ireland. ]

(b) any matter which appears to [F5 the GCCNI] to be, or to be related to, a problem which affects or may affect [F6 consumers of postal services in Northern Ireland. ]

(2)For this purpose, a complaint raises an issue of general relevance if it raises—

(a)a novel issue which affects or may affect consumers generally or consumers of a particular description, or

(b)any other issue which has or may have an important effect on consumers generally or consumers of a particular description.

Textual Amendments

Commencement Information

I1 S. 11 in force at 1.10.2008 by S.I. 2008/2550 , art. 2 , Sch.

12 Investigation of complaints made by vulnerable designated consumersU.K.

(1)Subsection (3) applies to a complaint which is made—

(a)by or on behalf of a vulnerable person in that person's capacity as a designated consumer (“the designated consumer”),

(b) against a person (“ the supplier ”) who in the course of a business carried on by the supplier supplies or seeks to supply, or refuses to supply, goods or services to the designated consumer, and

(c)in respect of a matter connected with the supply of goods or services by the supplier to the designated consumer or a refusal by the supplier to supply goods or services to the designated consumer.

(2)For this purpose a person is “vulnerable” if [F7the consumer advocacy body to which the complaint is referred] is satisfied that it is not reasonable to expect that person to pursue the complaint on that person's own behalf.

(3)Where a complaint to which this subsection applies is referred to [F8a consumer advocacy body] by or on behalf of the designated consumer, [F9that consumer advocacy body] may investigate the complaint for the purpose of determining whether it is appropriate to take any action under subsection (4).

(4)Where it appears to [F10a consumer advocacy body] to be appropriate to do so with a view to assisting in reaching a satisfactory resolution of a complaint referred to it under this section, [F11that consumer advocacy body] may—

(a)provide advice to the designated consumer or, if the complaint was made by another person on the designated consumer's behalf, that person;

(b)make representations on behalf of the designated consumer to the supplier about anything to which the complaint relates.

[F12(5)Where a complaint is referred to Citizens Advice, Citizens Advice Scotland or Consumer Scotland, that body may agree with another of those bodies that the complaint is to be treated as having been referred to that other body.]

[F13(6) If [F14two of those bodies] so agree in a particular case, subsections (3) and (4) and sections 14(2) to (4) and 15(1) are to have effect accordingly. ]

Textual Amendments

Commencement Information

I2 S. 12 in force at 1.10.2008 by S.I. 2008/2550 , art. 2 , Sch.

13 Investigation of complaints relating to disconnection of gas or electricityE+W+S

(1)This section applies to—

(a)a complaint by a gas consumer against a gas transporter, in respect of the disconnection of, or a threat to disconnect, the consumer's premises by the gas transporter;

(b)a complaint by a gas consumer against a gas transporter, following such a disconnection, in respect of a refusal by the gas transporter to reconnect the premises;

(c)a complaint by a gas consumer against a gas supplier, in respect of the cutting off of, or a threat to cut off, a supply of gas to the consumer's premises by the gas supplier;

(d)a complaint by a gas consumer against a gas supplier, following such a cutting off, in respect of a refusal by the gas supplier to restore the supply to the premises;

(e)a complaint by a gas consumer against a gas supplier, in respect of the failure of a prepayment system;

(f)a complaint by an electricity consumer against an electricity supplier, an electricity distributor or a transmission licence holder, in respect of the disconnection of, or a threat to disconnect, the consumer's premises by the electricity supplier, electricity distributor or licence holder;

(g)a complaint by an electricity consumer against an electricity supplier, electricity distributor or transmission licence holder, following such a disconnection by the supplier, distributor or licence holder, in respect of a refusal by the supplier, distributor or licence holder to reconnect the premises;

(h)a complaint by an electricity consumer against an electricity supplier, in respect of the failure of a prepayment system.

(2)Where a complaint to which this section applies is referred to[F15a consumer advocacy body] by or on behalf of the complainant, [F16that consumer advocacy body] must investigate the complaint for the purpose of determining whether it is appropriate to take any action under subsection (3).

(3)Where it appears to [F17a consumer advocacy body] to be appropriate to do so with a view to assisting in reaching a satisfactory resolution of a complaint referred to it under this section, [F18that consumer advocacy body] must—

(a)provide advice to the complainant, or

(b)make representations on behalf of the complainant to the person against whom the complaint is made about anything to which the complaint relates.

(4)[F19A consumer advocacy body] may refuse to investigate a complaint, or part of a complaint, if—

(a)the complaint or part appears to [F20the consumer advocacy body] to be frivolous or vexatious;

(b)the complaint or part falls within a class of matter which a regulatory body is under a duty (whether imposed by or under an enactment or otherwise) to investigate;

(c)the complaint or part is being dealt with, or [F21the consumer advocacy body] is satisfied that it would be better dealt with, under an ombudsman scheme or any other redress scheme or in legal proceedings;

(d)[F22the consumer advocacy body] considers that there has been undue delay in the making of the complaint or part, or the provision of evidence to support it;

(e)[F23the consumer advocacy body] considers that there are other compelling reasons why it is inappropriate for the complaint or part to be investigated by [F23the consumer advocacy body].

(5)[F24A consumer advocacy body] may refuse to investigate a complaint until the complainant has taken such steps as appear to [F25the consumer advocacy body] to be reasonable for the purpose of giving the person against whom the complaint is made a reasonable opportunity to deal with it.

[F26(5A)Where a complaint is referred to a consumer advocacy body, that body may agree with another consumer advocacy body that the complaint is to be treated as having been referred to that other body.]

[F27(5B) If [F28two consumer advocacy bodies] so agree in a particular case, subsections (2) to (5) and section 14(2) to (4) are to have effect accordingly.]

(6)In subsection (1)—

(a) in paragraphs (a) and (b) “ disconnection ” in relation to any premises, means disconnection from a main of a gas transporter or the discontinuation of the conveyance of gas to the premises;

(b)in paragraphs (b), (d) and (g), the references to a gas consumer or electricity consumer are references to a person who was such a consumer at the time the disconnection of, or cutting off of the supply to, the premises occurred;

(c)in paragraphs (e) and (h), references to the failure of a prepayment system are references to—

(i)a failure in the facilities for payment for the supply of gas or electricity which results in a consumer with a prepayment meter being unable to make a payment for the supply of gas or electricity, or

(ii)where a payment has been made for the supply of gas or electricity through a prepayment meter, a case where the supply is not given through the prepayment meter because of a defect in the meter or in the facilities for payment.

[F29(6A) In this section, a reference to a consumer advocacy body does not include a reference to the GCCNI . ]

(7)In this section—

Textual Amendments

Commencement Information

I3 S. 13 in force at 1.10.2008 by S.I. 2008/2550 , art. 2 , Sch.

14 Reference of matters to the Gas and Electricity Markets AuthorityE+W+S

(1)In this section references to a complaint are to a complaint within section 11(1)(a) or to which section 12(3) or 13 applies.

(2)Where it appears to [F30the consumer advocacy body in question] that a complaint relates to a matter in respect of which any of the Authority's enforcement functions may be exercisable, [F31that body] must refer the complaint to the Authority unless it is satisfied that the Authority is already aware of the matter.

(3)Where a complaint to which section 13 applies is referred to the Authority under subsection (2), [F32the consumer advocacy body in question] is not required to investigate the complaint under subsection (2) of that section until the Authority has had a reasonable opportunity to exercise its enforcement functions in relation to the matter to which the complaint relates.

(4)On investigating a complaint, [F33the consumer advocacy body in question] must inform the complainant if it considers that the complaint relates to a matter of a kind which can be referred by the complainant to the Authority under any provision of the Gas Act 1986 (c. 44) or the Electricity Act 1989 (c. 29).

[F34(4A) In this section, a reference to a consumer advocacy body does not include a reference to the GCCNI.]

(5)In this section—

Textual Amendments

Commencement Information

I4 S. 14 in force at 1.10.2008 by S.I. 2008/2550 , art. 2 , Sch.

15 [F35 Reference of postal matters to OFCOM] U.K.

(1)[F36 A consumer advocacy body ] must refer any complaint within section 11(1)(a), or to which section 12(3) applies, to [F37 the Office of Communications (“OFCOM”) ] if [F38 that consumer advocacy body ] considers that—

(a)the subject matter of the complaint indicates that [F39a regulatory condition imposed under Part 3 of the Postal Services Act 2011] has been contravened,

(b)the subject matter of the complaint is a referable matter, or

(c)it is appropriate to do so.

(2)[F40 The consumer advocacy bodies ] and [F41OFCOM] must, from time to time, agree the descriptions of matters which are to be referred to [F41OFCOM] and, for the purposes of subsection (1)(b), a matter is a “referable matter” if it is of a description for the time being so agreed.

Textual Amendments

F37 Words in s. 15(1) substituted (1.10.2011) by Postal Services Act 2011 (c. 5) , s. 93(2) (3) , Sch. 12 para. 177(3)(a) ; S.I. 2011/2329 , art. 3

F39 Words in s. 15(1)(a) substituted (1.10.2011) by Postal Services Act 2011 (c. 5) , s. 93(2) (3) , Sch. 12 para. 177(3)(b) ; S.I. 2011/2329 , art. 3

F41 Word in s. 15(2) substituted (1.10.2011) by Postal Services Act 2011 (c. 5) , s. 93(2) (3) , Sch. 12 para. 177(4) ; S.I. 2011/2329 , art. 3

Commencement Information

I5 S. 15 in force at 1.10.2008 by S.I. 2008/2550 , art. 2 , Sch.

16 Investigations relating to public post officesU.K.

[F42(1)Without prejudice to the generality of section 11—

(a)Citizens Advice[F43, Citizens Advice Scotland and Consumer Scotland] may investigate any matter relating to the number and location of public post offices in England, Wales and Scotland;

(b) the GCCNI may investigate any matter relating to the number and location of public post offices in Northern Ireland.]

(2) In this section “public post office” has the same meaning as in the Postal Services Act 2000 (c. 26) (see [F44section 125(1)] of that Act).

Textual Amendments

F44 Words in s. 16(2) substituted (1.10.2011) by Postal Services Act 2011 (c. 5) , s. 93(2) (3) , Sch. 12 para. 178 ; S.I. 2011/2329 , art. 3

Commencement Information

I6 S. 16 in force at 1.10.2008 by S.I. 2008/2550 , art. 2 , Sch.