Consumers, Estate Agents and Redress Act 2007 (c. 17)

Part 1 U.K. The National Consumer Council

Other functions of the Council U.K.

17 Reports by the Council U.K.

(1) The Council may prepare a report in relation to any matter falling within the scope of its functions.

(2) The Council may publish any report prepared under this section.

Commencement Information

I1 S. 17 in force at 1.10.2008 by S.I. 2008/2550 , art. 2 , Sch.

18 Secretary of State's power to require reports U.K.

(1) The Secretary of State may direct the Council to prepare, and submit to the Secretary of State within a specified period, a report in respect of any matter specified in the direction which relates to consumer matters.

(2) The Secretary of State may publish any report submitted under this section.

Commencement Information

I2 S. 18 in force at 1.10.2008 by S.I. 2008/2550 , art. 2 , Sch.

19 Advice, information and guidance U.K.

(1) The Council may issue advice or guidance to any person with a view to improving standards of service and promoting best practice in connection with the handling of complaints made by consumers or any other matter affecting the interests of consumers.

(2) The Council may publish advice or information about consumer matters if it appears to the Council that its publication would promote the interests of consumers.

(3) For this purpose “information about consumer matters” includes information about the views of consumers on consumer matters.

Commencement Information

I3 S. 19 in force at 1.10.2008 by S.I. 2008/2550 , art. 2 , Sch.

[F1 19A Guidance for energy consumers U.K.

(1) The Council must prepare, and keep under review—

(a) guidance for energy consumers (the “energy consumer guidance”), and

(b) a summary prepared in accordance with subsection (4) (the “concise guidance”).

(2) The energy consumer guidance must address the matters included in any document published by the European Commission pursuant to Article 3(16) of the Electricity Directive or Article 3(12) of the Gas Directive.

(3) The energy consumer guidance may include any other information relating to the rights of energy consumers which the Council thinks appropriate.

(4) The concise guidance must—

(a) summarise any information in the energy consumer guidance which in the Council’s view is particularly relevant to the interests of energy consumers, and

(b) state where a copy of the energy consumer guidance can be obtained.

(5) In preparing and reviewing the energy consumer guidance and the concise guidance the Council must consult—

(a) the Secretary of State,

(b) the Gas and Electricity Markets Authority, and

(c) any other person the Council considers appropriate.

(6) The Council must publish the first version of the energy consumer guidance and the concise guidance on its website by 1 December 2011.

(7) If, following a review, the Council considers it necessary to amend the energy consumer guidance or the concise guidance, the Council must, as soon as is reasonably practicable—

(a) publish the amended version on its website, and

(b) inform any person it consulted in accordance with subsection (5) that it has done so.

(8) The Council may also make the first and any amended version of the energy consumer guidance and the concise guidance available in any other manner the Council thinks appropriate for the purpose of bringing that guidance to the attention of those likely to be interested.

(9) In this section—

• “the Electricity Directive” means Directive 2009/72/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in electricity and repealing Directive 2003/54/EC;

• “energy consumer” means an individual who is—

  (a)

  a consumer in relation to gas supplied by an authorised supplier for consumption by the consumer’s own household;

  (b)

  a consumer in relation to electricity supplied by an authorised supplier for consumption by the consumer’s own household;

• “the Gas Directive” means Directive 2009/73/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in natural gas and repealing Directive 2003/55/EC.]

Textual Amendments

F1 S. 19A inserted (10.11.2011) by The Electricity and Gas (Internal Markets) Regulations 2011 (S.I. 2011/2704) , regs. 1(1) , 3(2)

20 Duty to enter into co-operation arrangements U.K.

(1) It is the duty of the Council and each designated body to enter into co-operation arrangements under this section.

(2) In this section—

• “co-operation arrangements” means arrangements made by the Council and a designated body with a view to securing co-operation between them, including—

  (a)

  the exchange of information between them,

  (b)

  the co-ordination of any activities they carry on in connection with their functions relating to the provision of advice or information to consumers, and

  (c)

  consistent treatment of matters which affect both of them;

• “designated body” means—

  (a)

  the Office of Fair Trading;

  (b)

  F2 ...

  (c)

  the Consumer Panel established by the Office of Communications under the Communications Act 2003 (c. 21) (“the OFCOM Consumer Panel”);

  (d)

  a person designated by the Secretary of State by order for the purposes of this section.

(3) The co-operation arrangements must set out—

F3 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) in the case of the OFCOM Consumer Panel, the procedure for consulting and making nominations for the purposes of paragraph 1(4)(b) of Schedule 1 to this Act and section 17(4A) of the Communications Act 2003.

(4) As soon as practicable after agreement is reached between the Council and a designated body on co-operation arrangements, the Council and the body must prepare a memorandum setting them out and send a copy of it to the Secretary of State.

(5) The Council and a designated body must keep under review any co-operation arrangements entered into by them under this section.

(6) As soon as practicable after agreement is reached on any changes to co-operation arrangements, the Council and the designated body to which they relate must revise their memorandum and send a copy of the revised memorandum to the Secretary of State.

(7) The Secretary of State must lay a copy of any document received under this section before each House of Parliament.

Textual Amendments

F2 Words in s. 20(2) repealed (1.4.2013) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 19 (with Sch. 20); S.I. 2013/423, Sch.

F3 S. 20(3)(a) repealed (1.4.2013) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 19 (with Sch. 20); S.I. 2013/423, Sch.

Commencement Information

I4 S. 20 in force at 21.12.2007 by S.I. 2007/3546 , art. 3 , Sch.

[F4 20A Duty to enter into co-operation arrangements about Scottish Water U.K.

(1) It is the duty of the Council and each designated body to enter into co-operation arrangements under this section.

(2) In this section—

• “ co-operation arrangements ” has the same meaning as in section 20(2),

• “ designated body ” means—

  (a)

  the Scottish Public Services Ombudsman, and

  (b)

  the Water Industry Commission for Scotland.

(3) As soon as practicable after agreement is reached between the Council and a designated body on co-operation arrangements, the Council and the body must prepare a memorandum setting them out and send a copy of it to the Scottish Ministers.

(4) The Council and the designated body must keep under review any co-operation arrangements entered into by them under this section.

(5) As soon as practicable after agreement is reached on any changes to co-operation arrangements, the Council and the designated body to which they relate must revise their memorandum and send a copy of the revised memorandum to the Scottish Ministers.]

Textual Amendments

F4 S. 20A inserted (S.) (15.8.2011) by Public Services Reform (Scotland) Act 2010 (asp 8) , s. 134(7) (8) , Sch. 2 para. 18 ; S.S.I. 2011/278 , art. 2(d)

21 Power to co-operate and give assistance U.K.

The Council may make arrangements to co-operate with and give assistance to any person if it considers that to do so would facilitate or be conducive to the exercise of its own functions.

Commencement Information

I5 S. 21 in force at 1.10.2008 by S.I. 2008/2550, art. 2, Sch.

22 Voluntary activities U.K.

(1) The Council may provide for any person advice or assistance, including research or other services, as respects any matter in which the Council has skill, experience or expertise.

(2) The Council may make such charges as it thinks fit in respect of anything done in exercise of its powers under this section.

(3) The Council may spend such sums as it considers reasonable in the exploitation of commercial opportunities arising from the activities it carries on in the exercise of its functions.

(4) The Council may—

(a) establish one or more bodies corporate to exercise on behalf of the Council such of its functions under this section, in such circumstances, as the Council may determine;

(b) acquire an interest in an existing body corporate with a view to it exercising on behalf of the Council such of its functions under this section, in such circumstances, as the Council may determine.

(5) The Council may acquire an interest in a body corporate under subsection (4)(b) only with the consent of the Secretary of State.

(6) If the Secretary of State gives such consent, the Secretary of State must publish a notice stating that consent has been given and specifying the reasons for giving consent.

Commencement Information

I6 S. 22 in force at 21.12.2007 by S.I. 2007/3546, art. 3, Sch.

23 Supplementary powers etc U.K.

(1) The Council may do anything (other than borrow money) which is calculated to facilitate, or is incidental or conducive to, the exercise of any of its functions.

(2) The Council must not acquire or dispose of any interest in land, except with the approval of the Secretary of State.

(3) Subsection (2) does not apply to an acquisition of an interest in land under a transfer scheme (within the meaning of section 35).

Commencement Information

I7 S. 23 in force at 21.12.2007 by S.I. 2007/3546, art. 3, Sch.