C1C2Part 1F17THE CONSUMER ADVOCACY BODIES

Annotations:
Amendments (Textual)
F17

Pt. 1 heading 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(2) (with Sch. 1 para. 28, Sch. 2 paras. 13-15)

Modifications etc. (not altering text)
C1

Pt. 1 power to apply (with modifications) conferred (26.10.2023) by Energy Act 2023 (c. 52), s. 334(2)(l), Sch. 18 para. 61(1)

C2

Pt. 1 power to extend (N.I.) conferred (26.10.2023) by Energy Act 2023 (c. 52), s. 334(2)(l), Sch. 18 para. 61(3)

Information

I1 29 C1C2Disclosure of information

1

In Schedule 14 to the Enterprise Act 2002 (c. 40) (restrictions on disclosure: list of enactments under or by virtue of which information is obtained), at the appropriate place in the list insert— “ Consumers, Estate Agents and Redress Act 2007. ”

2

In Schedule 15 to that Act (enactments in relation to which disclosure may be made), at the appropriate place in the list insert— “ Consumers, Estate Agents and Redress Act 2007. ”

3

For the purposes of Part 9 of the Enterprise Act 2002 (c. 40) (information) the following information is to be regarded as “specified information” within the meaning of that Part—

a

information obtained by F10Citizens AdviceF20, Citizens Advice Scotland or Consumer Scotland under or by virtue of Part 1 of the the Gas Act 1986 (c. 44), Part 1 of the Electricity Act 1989 (c. 29) or the Utilities Act 2000 (c. 27);

b

information obtained by F5the consumer advocacy bodies under or by virtue of F1the Postal Services Act 2011.

F43A

Citizens Advice and Citizens Advice Scotland are to be treated as public authorities for the purposes of section 238(1) of the Enterprise Act 2002 only so far as regards functions conferred on the body in question under or by virtue of—

a

the enactments mentioned in subsection (3), or

b

this Act.

3B

If and so far as a relevant function is exercisable by Citizens AdviceF23, Citizens Advice Scotland or Consumer Scotland it is to be regarded as a function of that body under this Act for the purpose of enabling that body to receive information under section 241(3) of the Enterprise Act 2002 (disclosure to facilitate the exercise of another person’s function).

3C

“Relevant function” meansF21, in relation to Citizens Advice or Citizens Advice Scotland, a function that—

a

is not conferred by or under an enactment, and

b

corresponds to a function conferred on the GCCNI under section 8, 9, 10, 11 or 19, disregarding for these purposes the limitations relating to postal services in Northern Ireland in sections 1(4) and 11(1).

F22and, in relation to Consumer Scotland, a function conferred under section 3, 4 or 5 of the Consumer Scotland Act 2020 (asp 11).

4

Part 9 of the Enterprise Act 2002 (which among other things restricts the disclosure of certain information) does not limit the information which may be—

a

made available by F11the GCCNI under section 8 or 10,

b

included in, or made public as part of, a report of F12the GCCNI under any provision of this Part,

c

published by F6the GCCNI under section 19(2) F2 ...,

F3ca

published or made available by F7Citizens Advice or F18Consumer Scotland under F8 subsection (7) or (8) of section 19A,

cb

published by F9Citizens AdviceF19, Citizens Advice Scotland or Consumer Scotland under section 24(8),

d

published by an authorised person under section 27(7),

e

published by F13a consumer advocacy body under section 45, or

f

published by F14Citizens Advice or Citizens Advice Scotland under section 33DA of the Gas Act 1986 or section 42AA of the Electricity Act 1989.

5

Before disclosing any specified information by virtue of subsection (4) (other than by publishing it as mentioned in subsection (4)(e) or (f)),F15the consumer advocacy body in question or the authorised person must consult—

a

if the information relates to the affairs of an individual, that individual, and

b

if the information relates to the business of an undertaking, the person for the time being carrying on the business.

6

Before disclosing any specified information by virtue of subsection (4) (other than by publishing it as mentioned in subsection (4)(e) or (f)), F16the consumer advocacy body in question or the authorised person must also have regard to the considerations set out in subsections (2) to (4) of section 244 of the Enterprise Act 2002.

For this purpose, references to “the authority” in those subsections are to be read as references to F16the consumer advocacy body in question or the the authorised person, as appropriate.

7

In this section—

  • “ authorised person ” has the same meaning as in section 27;

  • “ specified information ” has the meaning given by section 238(1) of the Enterprise Act 2002.