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26th September 2008
The Secretary of State makes the following Order in exercise of the powers conferred by sections 60(3) and 66(2) of the Consumers, Estate Agents and Redress Act 2007(1)
1. (1) This Order may be cited as the Consumers, Estate Agents and Redress Act 2007 (Commencement No. 5 and Savings and Transitional Provisions) Order 2008.
(2) In this Order “the Act” means the Consumers, Estate Agents and Redress Act 2007.
2. Subject to article 3, the provisions of the Act specified in the Schedule shall come into force on 1st October 2008.
3. (1) Nothing in the coming into force of the repeal of paragraph 8 of Schedule 2 to the Utilities Act 2000(2) by Schedule 8 to the Act shall affect the duties contained in that provision relating to the statement of accounts in respect of the financial year commencing on 1st April 2007.
(2) Nothing in the coming into force of the repeals of paragraph 16 of Schedule 2 to the Postal Services Act 2000(3) and paragraph 8 of Schedule 2 to the Utilities Act 2000 by Schedule 8 to the Act shall affect the duties contained in those provisions relating to the statements of accounts in respect of the financial year commencing on 1st April 2008, but those provisions shall have effect so as to require the statements to be prepared by the National Consumer Council and sent by it to the Secretary of State and to the Comptroller and Auditor General.
(3) For the purposes of paragraph (2), the financial year commencing on 1st April 2008 is to be treated as ending on 30th September 2008.
Parliamentary Under-Secretary of State for Trade and Consumer Affairs
Department for Business, Enterprise and Regulatory Reform
26th September 2008
|Provision||Subject Matter of Provision|
|Section 1, in so far as it is not already in force||Establishment of Northern Ireland Postal Services Committee|
|Section 2, in so far as it is not already in force||The territorial committees|
|Section 6, in so far as it is not already in force||Duty to have regard to forward work programme|
|Section 7||Annual report|
|Section 8||The representative function|
|Section 10, in so far as it is not already in force||The information function|
|Section 11||General powers of investigation|
|Section 12||Investigation of complaints made by vulnerable designated consumers|
|Section 13||Investigation of complaints relating to disconnection of gas or electricity|
|Section 14||Reference of matters to the Gas and Electricity Markets Authority|
|Section 15||Reference of matters to the Postal Services Commission|
|Section 16||Investigations relating to public post offices|
|Section 17||Reports by the Council|
|Section 18||Secretary of State’s power to require reports|
|Section 19||Advice, information and guidance|
|Section 21||Power to co-operate and give assistance|
|Section 24||Provision of information to the Council|
|Section 25||Enforcement by regulator of section 24 notice|
|Section 26||Enforcement by court of section 24 notice|
|Section 27||Provision of information by the Council|
|Section 28||Exemptions from requirements to provide information|
|Section 29||Disclosure of information|
|Section 30, in so far as it is not already in force||Abolition of “Energywatch” and “Postwatch”|
|Section 31||Designation of the Consumer Council for Water for abolition|
|Section 32||Transfer orders and abolition orders|
|Section 33||Supplementary provision about transfer and abolition orders|
|Section 34||Compensation for loss of office|
|Section 37||Extension of the Council’s functions: Great Britain|
|Section 38||Removal of the Council’s functions in relation to Northern Ireland|
|Section 45||Information with respect to compliance with complaints handling standards|
|Section 52||Enforcement of requirements imposed under Part 2|
|Section 53, in so far as it is not otherwise in force on 1st October 2008||Repeal of sections 172-174 of the Housing Act 2004(4)|
|Section 63(1), in so far as it relates to provisions in Schedule 7 brought into force by this Order||Minor and consequential amendments|
|Section 64, in so far as it is not otherwise in force on 1st October 2008||Repeals|
|Schedule 1, in so far as it is not already in force||The Council’s offices|
|Schedule 2||Enforcement of information requirements|
|Schedule 3||Abolition of consumer bodies: transitional provision|
|Schedule 5||Information relating to compliance with complaints handling standards|
|Paragraphs 4-10 and 12-23 of Schedule 7||Minor and consequential amendments|
|Schedule 8, in so far as it is not otherwise in force on 1st October 2008||Repeals|
(This note is not part of the Order)
This Order brings into force on 1st October 2008 (subject to the savings and transitional provisions in Article 3) further provisions of the Consumers, Estate Agents and Redress Act 2007 (“the Act”) as specified in the Schedule to this Order (Article 2). The provisions relate to the National Consumer Council established by the Act, complaints handling and redress schemes (including repeal of the provisions in the Housing Act 2004 relating to redress schemes dealing with complaints about the activities of estate agents in relation to home information packs), minor and consequential amendments and repeals.
Article 3 contains savings and transitional provisions to preserve after 1st October 2008 the statutory duties relating to the statements of accounts of the Gas and Electricity Consumer Council (“Energywatch”) and the Consumer Council for Postal Services (“Postwatch”) in respect of the financial years commencing, in the case of Energywatch, on 1st April 2007 and 1st April 2008, and, in the case of Postwatch, on 1st April 2008, notwithstanding the repeal on 1st October 2008 of the provisions containing those duties. However, in respect of the financial year commencing on 1st April 2008, the duties to prepare statements of accounts, and to send them to the Secretary of State and the Comptroller and Auditor General, are transferred to the National Consumer Council, and that financial year is to be treated as ending immediately before the abolition of Energywatch and Postwatch.
The remaining provisions of the Act will be brought into force by subsequent 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, or will be brought into force on 1st October 2008, by commencement order made before the date of this Order.
|Provision||Date of Commencement||S.I. No.|
|Section 1(1), (2)(a) and (b), (3) and (4)||21.12.07||2007/3546|
|Section 2(1)(a) and (b) (in so far as they relate to sections 9 and 10(1)(a) and (2)) and (2)-(4)||21.12.07||2007/3546|
|Section 6(1) and (3)-(10)||21.12.07||2007/3546|
|Section 10(1)(a) and (2)||21.12.07||2007/3546|
|Section 30(4)(c) (for the purposes of section 39A of the Postal Services Act 2000 (c.26)) and (d) (for the purposes of section 8 of the Utilities Act 2000 (c.27))||21.12.07||2007/3546|
|Section 63(1) (in so far as it relates to provisions in Schedule 7 brought into force on 21st December 2007) and (2)-(5)||21.12.07||2007/3546|
|Section 63(1) (in so far as it relates to provisions in Schedule 7 to be brought into force on 1st October 2008 by S.I. 2008/905)||1.10.08||2008/905|
|Section 64 (in so far as it relates to provisions in Schedule 8 brought into force on 21st December 2007)||21.12.07||2007/3546|
|Section 64 (in so far as it relates to provisions in Schedule 8 to be brought into force on 1st October 2008 by S.I. 2008/905)||1.10.08||2008/905|
|Paragraphs 1-26, 28-31 and 33-38 of Schedule 1||21.12.07||2007/3546|
|Paragraph 32 of Schedule 1||1.4.08||2008/905|
|Paragraphs 1 and 2 of Schedule 7||1.10.08||2008/905|
|Paragraph 11 of Schedule 7||21.12.07||2007/3546|
|In Schedule 8, the entry relating to the Estate Agents Act 1979 (c.38)||1.10.08||2008/905|
|In Schedule 8, the entry relating to section 2 of the Postal Services Act 2000 (in so far 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||21.12.07||2007/3546|
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