Consumers, Estate Agents and Redress Act 2007

13 Investigation of complaints relating to disconnection of gas or electricityE+W+S

This section has no associated Explanatory Notes

(1)This section applies to—

(a)a complaint by a gas consumer against a gas transporter, in respect of the disconnection of, or a threat to disconnect, the consumer's premises by the gas transporter;

(b)a complaint by a gas consumer against a gas transporter, following such a disconnection, in respect of a refusal by the gas transporter to reconnect the premises;

(c)a complaint by a gas consumer against a gas supplier, in respect of the cutting off of, or a threat to cut off, a supply of gas to the consumer's premises by the gas supplier;

(d)a complaint by a gas consumer against a gas supplier, following such a cutting off, in respect of a refusal by the gas supplier to restore the supply to the premises;

(e)a complaint by a gas consumer against a gas supplier, in respect of the failure of a prepayment system;

(f)a complaint by an electricity consumer against an electricity supplier, an electricity distributor or a transmission licence holder, in respect of the disconnection of, or a threat to disconnect, the consumer's premises by the electricity supplier, electricity distributor or licence holder;

(g)a complaint by an electricity consumer against an electricity supplier, electricity distributor or transmission licence holder, following such a disconnection by the supplier, distributor or licence holder, in respect of a refusal by the supplier, distributor or licence holder to reconnect the premises;

(h)a complaint by an electricity consumer against an electricity supplier, in respect of the failure of a prepayment system.

(2)Where a complaint to which this section applies is referred to[F1a consumer advocacy body] by or on behalf of the complainant, [F2that consumer advocacy body] must investigate the complaint for the purpose of determining whether it is appropriate to take any action under subsection (3).

(3)Where it appears to [F3a consumer advocacy body] to be appropriate to do so with a view to assisting in reaching a satisfactory resolution of a complaint referred to it under this section, [F4that consumer advocacy body] must—

(a)provide advice to the complainant, or

(b)make representations on behalf of the complainant to the person against whom the complaint is made about anything to which the complaint relates.

(4)[F5A consumer advocacy body] may refuse to investigate a complaint, or part of a complaint, if—

(a)the complaint or part appears to [F6the consumer advocacy body] to be frivolous or vexatious;

(b)the complaint or part falls within a class of matter which a regulatory body is under a duty (whether imposed by or under an enactment or otherwise) to investigate;

(c)the complaint or part is being dealt with, or [F7the consumer advocacy body] is satisfied that it would be better dealt with, under an ombudsman scheme or any other redress scheme or in legal proceedings;

(d)[F8the consumer advocacy body] considers that there has been undue delay in the making of the complaint or part, or the provision of evidence to support it;

(e)[F9the consumer advocacy body] considers that there are other compelling reasons why it is inappropriate for the complaint or part to be investigated by [F9the consumer advocacy body].

(5)[F10A consumer advocacy body] may refuse to investigate a complaint until the complainant has taken such steps as appear to [F11the consumer advocacy body] to be reasonable for the purpose of giving the person against whom the complaint is made a reasonable opportunity to deal with it.

[F12(5A)Where a complaint is referred to a consumer advocacy body, that body may agree with another consumer advocacy body that the complaint is to be treated as having been referred to that other body.]

[F13(5B) If [F14two consumer advocacy bodies] so agree in a particular case, subsections (2) to (5) and section 14(2) to (4) are to have effect accordingly.]

(6)In subsection (1)—

(a) in paragraphs (a) and (b) “ disconnection ” in relation to any premises, means disconnection from a main of a gas transporter or the discontinuation of the conveyance of gas to the premises;

(b)in paragraphs (b), (d) and (g), the references to a gas consumer or electricity consumer are references to a person who was such a consumer at the time the disconnection of, or cutting off of the supply to, the premises occurred;

(c)in paragraphs (e) and (h), references to the failure of a prepayment system are references to—

(i)a failure in the facilities for payment for the supply of gas or electricity which results in a consumer with a prepayment meter being unable to make a payment for the supply of gas or electricity, or

(ii)where a payment has been made for the supply of gas or electricity through a prepayment meter, a case where the supply is not given through the prepayment meter because of a defect in the meter or in the facilities for payment.

[F15(6A) In this section, a reference to a consumer advocacy body does not include a reference to the GCCNI . ]

(7)In this section—

“ electricity consumer ” means an individual who is a consumer in relation to electricity supplied by an authorised supplier;
“ enactment ” means—
(a)
an Act of Parliament,
(b)
an Act of the Scottish Parliament, or
(c)
a Measure or Act of the National Assembly for Wales,
whenever passed or made;
“ gas consumer ” means an individual who is a consumer in relation to gas supplied by an authorised supplier;
“the consumer's premises”—
(a)
in relation to an electricity consumer, means the premises to which the electricity supplied to the consumer by the authorised supplier is supplied;
(b)
in relation to a gas consumer, means the premises to which the gas supplied to the consumer is conveyed by the gas transporter;
“ redress scheme ” means a scheme under which complaints may be made to, and investigated and determined by, an independent person.