2007 No. 3546 (C.154)

consumer protection

The Consumers, Estate Agents and Redress Act 2007 (Commencement No. 2) Order 2007

Made

The Secretary of State makes the following Order in exercise of the power conferred by section 66(2) of the Consumers, Estate Agents and Redress Act 20071.

Citation1

This Order may be cited as the Consumers, Estate Agents and Redress Act 2007 (Commencement No. 2) Order 2007.

Interpretation2

In this Order “the Act” means the Consumers, Estate Agents and Redress Act 2007.

Commencement3

The provisions of the Act specified in the Schedule shall come into force on 21 December 2007.

Gareth ThomasParliamentary Under-Secretary of State for Trade and Consumer AffairsDepartment for Business, Enterprise and Regulatory Reform

SCHEDULEPROVISIONS COMING INTO FORCE ON 21 DECEMBER 2007

Article 3

Provisions

Subject Matter of Provisions

Section 1(1), (2)(a) and (b), (3) and (4)

Establishment of the National Consumer Council and its territorial committees

Section 2(1)(a) and (b) (in so far as they relate to sections 9 and 10(1)(a) and (2)) and (2)-(4)

The territorial committees

Section 3

Definitions of “consumer” and “consumer matters”

Section 4

Definition of “designated consumers”

Section 6(1) and (3)-(10)

General provision about functions

Section 9

The research function

Section 10(1)(a) and (2)

The information function

Section 20

Duty to enter into co-operation arrangements

Section 22

Voluntary activities

Section 23

Supplementary powers etc

Section 30(4)(c) (for the purposes of section 39A of the Postal Services Act 20002) and (d) (for the purposes of section 8 of the Utilities Act 20003)

Definition of Council

Section 35

Transfer of property etc

Section 36

Directions

Section 39

The Financial Services Consumer Panel

Section 40

The OFCOM Consumer Panel

Section 41

Interpretation of Part 1

Section 42

Interpretation of Part 2

Section 43

Standards for handling complaints

Section 44

Requirements for making regulations under section 43

Section 46

Supply of information to consumers

Section 47

Membership of redress scheme

Section 48

Membership of redress schemes: supplementary

Section 49

Approval of redress schemes

Section 50

Approval of redress schemes: supplementary

Section 51

Procedure for refusing or withdrawing approval

Section 59

Contracts concluded away from business premises

Section 63(1) (insofar as it relates to provisions in Schedule 7 brought into force on 21 December 2007 by this Order) and (2)-(5)

Minor, consequential and transitional provisions

Section 64 insofar as it relates to provisions in Schedule 8 brought into force on 21 December 2007 by this Order

Repeals

Paragraphs 1-26, 28–31 and 33-38 of Schedule 1

The National Consumer Council

Schedule 4

Transfer of Property etc to Council

Paragraph 11 of Schedule 7

Amendment to Taxation of Chargeable Gains Act 19924

In Schedule 8, the entry relating to section 2 of the Postal Services Act 2000 (insofar as it relates to the words “(in this Act referred to as “the Council”)” in section 2(1) for the purposes of section 39A of that Act), and the entries relating to section 39 of the Postal Services Act 2000 and section 8 of the Utilities Act 2000

Repeals

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force further provisions of the Consumers, Estate Agents and Redress Act 2007 as specified in the Schedule. The provisions in the Schedule relate to (a) the establishment of the National Consumer Council and the transfer of property etc to the Council, (b) standards for complaint handling in the gas, electricity and postal services sectors, (c) requirements relating to redress schemes and (d) the power of the Secretary of State to make regulations in relation to contracts concluded away from business premises. The Schedule comes into force on 21 December 2007.

The remaining provisions of the Consumers, Estate Agents and Redress Act 2007 will be brought into force by subsequent Orders.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

The following provisions of the Consumers, Estate Agents and Redress Act 2007 have been brought into force by the Consumers, Estate Agents and Redress Act 2007 (Commencement No. 1) Order 2007.

Provisions

Subject Matter of Provisions

Section 53(1)

Giving effect to Schedule 6

Schedule 6

Amendments to the Estate Agents Act 1979 to make provision for redress schemes dealing with complaints about estate agents