Consumers, Estate Agents and Redress Act 2007

Section 25

SCHEDULE 2 E+W+S+N.I. Enforcement of information requirements

Gas Act 1986 (c. 44) E+W+S+N.I.

1 In section 28 of the Gas Act 1986 (orders for securing compliance with certain provisions), in subsection (8), in the definition of “relevant requirement” for “or section 27(4)(b) of the Utilities Act 2000 (order to comply with a direction under section 24 of that Act)” substitute “ or section 25(5) of the Consumers, Estate Agents and Redress Act 2007 (directions to comply with requirements under section 24 of that Act) ”. E+W+S+N.I.

Electricity Act 1989 (c. 29) E+W+S+N.I.

2 In section 25 of the Electricity Act 1989 (orders for securing compliance), in subsection (8), in the definition of “relevant requirement” for “or section 27(4)(b) of the Utilities Act 2000 (order to comply with a direction under section 24 of that Act)” substitute “ or section 25(5) of the Consumers, Estate Agents and Redress Act 2007 (directions to comply with requirements under section 24 of that Act) ”. E+W+S+N.I.

Postal Services Act 2000 (c. 26) E+W+S+N.I.

3 (1) The Postal Services Act 2000 is amended as follows. E+W+S+N.I.

(2) In section 22 (final orders)—

(a) in subsection (1)—

(i) in paragraph (a) for “any condition of his licence” substitute “ any relevant requirement ”,

(ii) in paragraph (b) for “condition” substitute “ requirement ”, and

(iii) for “the condition” substitute “ the requirement ”, and

(b) for subsection (5) substitute—

“(5) In this Act—

• “final order” means an order under this section;

• “relevant requirement”, in relation to a licence holder, means—

  (a)

  a condition of the licence holder's licence, or

  (b)

  an obligation imposed on the licence holder by virtue of section 25(5) of the Consumers, Estate Agents and Redress Act 2007 (directions to comply with requirements to provide information under section 24 of that Act).”

(3) In section 23 (provisional orders)—

(a) in subsection (1)—

(i) in paragraph (a), for “any condition of his licence or is likely to contravene any such condition” substitute “ any relevant requirement or is likely to contravene any such requirement ”, and

(ii) for “the licence condition” substitute “ the relevant requirement ”,

(b) for subsection (2)(a) substitute—

“(a) that the licence holder is contravening any relevant requirement or is likely to contravene any such requirement, and”, and

(c) in subsection (3) for “licence condition” substitute “ relevant requirement ”.

(4) In section 24 (confirmation of provisional orders), in subsection (1)—

(a) for paragraph (a) substitute—

“(a) it is satisfied that the licence holder is contravening any relevant requirement or is likely to contravene any such requirement, and”, and

(b) in paragraph (b) for “condition” substitute “ requirement ”.

(5) In section 25 (exceptions from duty to make or confirm enforcement orders), in paragraph (b) for “condition” substitute “ relevant requirement ”.

(6) In section 26 (enforcement orders: main procedural requirements), in subsection (2)—

(a) in paragraph (c) for “condition” substitute “ relevant requirement ”, and

(b) in paragraph (d) for “condition” substitute “ relevant requirement ”.

(7) In section 30 (financial penalties)—

(a) in subsection (1)—

(i) in paragraph (a) for “condition of his licence” substitute “ relevant requirement ”, and

(ii) in paragraph (b) for “condition” substitute “ requirement ”, and

(b) in subsection (3) for “condition” substitute “ relevant requirement ”.

(8) In section 32 (imposition of financial penalties: main procedural requirements)—

(a) in subsection (2)(c), for “condition” substitute “ relevant requirement ”, and

(b) in subsection (4)(c), for “condition” substitute “ relevant requirement ”.

(9) In section 34 (time-limit on the imposition of penalties)—

(a) in subsection (1) for “licence condition” substitute “ relevant requirement ”, and

(b) in subsection (2) for “licence condition” substitute “ relevant requirement ”.

(10) In section 126 (index of defined expressions) at the appropriate place in the table insert—

“Relevant requirement

Section 22(5)”