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Consumers, Estate Agents and Redress Act 2007, Section 33 is up to date with all changes known to be in force on or before 25 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)This section applies where the Consumer Council for Water has been designated for abolition under section 31.
(2) In this section “ payment conditions ” means—
(a)in the case of an appointment under Chapter 1 of Part 2 of the Water Industry Act 1991 (c. 56), conditions included in the appointment by virtue of section 11(1)(c) of that Act, and
(b)in the case of a water supply licence under Chapter 1A of that Part, conditions included in the licence by virtue of section 17G(1)(b) of that Act.
(3)The payment conditions of such an appointment or licence may (without prejudice to the generality of sections 11(1)(c) and 17G(1)(b) of that Act) require the payment by the company holding the appointment or licence of sums relating to any of the expenses mentioned in subsection (4).
(4)Those expenses are—
(a) the appropriate proportion of the expenses of [F1Citizens Advice] (other than those expenses within paragraph (b) and [F2 any expenses which relate to taking on functions transferred from the Consumer Council for Water ] );
(b) any expenses of [F3Citizens Advice] , the Secretary of State or the Consumer Council for Water which relate to a transfer scheme made in respect of the Consumer Council for Water under section 35(2)(a) or (7);
(c)the expenses of the Secretary of State which relate to the abolition of the Consumer Council for Water;
(d) the expenses of [F4Citizens Advice] expanding [F5 a qualifying consumer advice scheme ] to enable it to cater for water consumers;
(e) the appropriate proportion of the expenses of [F6Citizens Advice] on, or in connection with, the support of [F7 a qualifying consumer advice scheme ] .
(5)The “appropriate proportion” of any relevant expenses means such proportion of the expenses as the Secretary of State considers is reasonable having regard to—
(a) in the case of expenses within subsection (4)(a), the functions exercisable by [F8Citizens Advice] in relation to water consumers;
(b)in the case of expenses within subsection (4)(e), the functions under [F9a qualifying consumer advice scheme] which are exercisable in relation to water consumers.
(6)The Authority may, in accordance with this section, modify any payment conditions where it considers it necessary or expedient to do so in consequence of, or of preparations for—
(a)the abolition of the Consumer Council for Water, or
(b)a transfer order or abolition order under section 32.
(7)The Authority may, in accordance with this section, make such incidental or consequential modifications of the other conditions which are included in—
(a)an appointment under Chapter 1 of Part 2 of the Water Industry Act 1991 (c. 56), or
(b)a water supply licence under Chapter 1A of that Part,
as it considers necessary or expedient in consequence of, or of preparations for, an event mentioned in subsection (6)(a) or (b).
(8)Before modifying under subsection (6) or (7) the conditions included in an appointment or licence, the Authority must consult the company holding the appointment or licence.
(9)The Secretary of State may, after consulting the Welsh Ministers, give directions to the Authority for the purpose of securing that sums relating to any of the expenses mentioned in subsection (4) are included in the sums payable by virtue of payment conditions; and the Authority must comply with any such direction.
[F10(9A) For the purposes of this section a qualifying public consumer advice scheme is a scheme that is supported by Citizens Advice or Citizens Advice Scotland , or by them jointly, in a manner that the Office of Fair Trading is prohibited from supporting by section 8A of the Enterprise Act 2002. ]
(10)In this section—
“ the Authority ” means the Water Services Regulation Authority;
F11...
“ water consumers ” means consumers in relation to services provided by a water undertaker, a sewerage undertaker [F12, a water supply licensee or a sewerage licensee] , in [F13the undertaker's or licensee's capacity] as such.
Textual Amendments
F1Words in s. 33(4)(a) 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(35)(a)(i) (with Sch. 1 para. 28, Sch. 2 paras. 13-15)
F2Words in s. 33(4)(a) 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(35)(a)(ii) (with Sch. 1 para. 28, Sch. 2 paras. 13-15)
F3Words in s. 33(4)(b) 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(35)(a)(iii) (with Sch. 1 para. 28, Sch. 2 paras. 13-15)
F4Words in s. 33(4)(d) inserted (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(35)(a)(iv) (with Sch. 1 para. 28, Sch. 2 paras. 13-15)
F5Words in s. 33(4)(d) 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(35)(a)(v) (with Sch. 1 para. 28, Sch. 2 paras. 13-15)
F6Words in s. 33(4)(e) 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(35)(a)(vi) (with Sch. 1 para. 28, Sch. 2 paras. 13-15)
F7Words in s. 33(4)(e) 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(35)(a)(vii) (with Sch. 1 para. 28, Sch. 2 paras. 13-15)
F8Words in s. 33(5)(a) 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(35)(b)(i) (with Sch. 1 para. 28, Sch. 2 paras. 13-15)
F9Words in s. 33(5)(b) 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(35)(b)(ii) (with Sch. 1 para. 28, Sch. 2 paras. 13-15)
F10S. 33(9A) inserted (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(35)(c) (with Sch. 1 para. 28, Sch. 2 paras. 13-15)
F11Words in s. 33(10) omitted (1.4.2014) by virtue of 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(35)(d) (with Sch. 1 para. 28, Sch. 2 paras. 13-15)
F12Words in s. 33(10) substituted (1.4.2017) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 139(a); S.I. 2017/462, art. 3(k)(xxv)
F13Words in s. 33(10) substituted (1.4.2017) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 139(b); S.I. 2017/462, art. 3(k)(xxv)
Commencement Information
I1 S. 33 in force at 1.10.2008 by S.I. 2008/2550 , art. 2 , Sch.
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