Legalize / United Kingdom / Public General Act

Consumers, Estate Agents and Redress Act 2007

Type Public General Act

Publication 2007-07-19

State In force

Department Statute Law Database

Source legislation.gov.uk

Reform history JSON API

Part 1 — THE CONSUMER ADVOCACY BODIES

The consumer advocacy bodies

Provision of information by the Council

1

(1) In this Act—

“Citizens Advice” means the National Association of Citizens Advice Bureaux;

“Citizens Advice Scotland” means the Scottish Association of Citizens Advice Bureaux;

“the GCCNI” means the General Consumer Council for Northern Ireland.

(2) Except where this Act otherwise provides, a reference in this Act to a consumer advocacy body is a reference to—

(a) Citizens Advice,

(b) Citizens Advice Scotland,

(ba) Consumer Scotland, or

(3) Except where this Act otherwise provides—

(a) a function conferred on Citizens Advice, Citizens Advice Scotland or Consumer Scotland by or under this Act may be carried out by that body jointly with one or both of the other bodies, and

(b) each of those bodies may carry out on behalf of another of those bodies a function that is conferred on that other body by or under this Act, with the agreement of that other body.

(4) A function conferred on the GCCNI by this Act may be exercised by the GCCNI only in relation to consumer matters that relate to postal services in Northern Ireland.

The territorial committees

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“Consumer”, “consumer matters” and “designated consumers”

Requirements for making regulations under section 43

3

(1) In this Part “consumer” and “consumer matters” have the meaning given by this section.

(2) “Consumer” means—

(a) a person who purchases, uses or receives, in Great Britain, goods or services which are supplied in the course of a business carried on by the person supplying or seeking to supply them, or

(b) a person who purchases, uses or receives postal services in Northern Ireland.

(3) “Consumer” includes both an existing consumer and a future consumer.

(4) For the purposes of subsection (2)—

(a) a person who uses services includes, in relation to postal services, an addressee;

(b) “goods” includes land or an interest in land;

(c) “business” includes a profession and the activities of any government department, local or public authority or other public body.

(5) “Consumer matters” means—

(a) the interests of consumers, and

(b) any matter connected with those interests.

“Designated consumers”

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(1) In this Part “designated consumers” means—

(a) consumers in relation to gas conveyed through pipes or electricity conveyed by distribution systems or transmission systems, and

(b) consumers in relation to postal services.

(2) The Secretary of State may, by order, amend subsection (1) so as—

(a) to make any description of consumers within subsection (3) “designated consumers” for the purposes of this Part;

(b) to provide for any description of consumers to cease to be “designated consumers” for those purposes.

(3) The consumers within this subsection are consumers in England and Wales in relation to services provided by a water undertaker, a sewerage undertaker , a water supply licensee or a sewerage licensee, in the undertaker's or licensee's capacity as such.

(4) Before making an order under subsection (2), the Secretary of State must consult—

(a) except in the case of an order which relates only to consumers in Northern Ireland, Citizens Advice,

(aa) in the case of a relevant order other than one relating only to consumers in Northern Ireland or consumers within subsection (3), Citizens Advice Scotland and Consumer Scotland,

(ab) in the case of an order which relates to consumers in Northern Ireland in relation to postal services, the GCCNI,

(b) in the case of a relevant order, the Scottish Ministers,

(d) such other persons as the Secretary of State considers appropriate.

(5) For this purpose a “relevant order” is an order which relates to any description of—

(a) consumers in relation to gas conveyed through pipes or electricity conveyed by distribution systems or transmission systems, or

(b) consumers in relation to postal services.

Determining priorities

Forward work programmes

5

(1) The GCCNI must before each programme year publish a document (the “forward work programme”) containing—

(a) a statement of any priorities of the GCCNI for the year in relation to designated consumers generally or any description of designated consumers;

(b) a general description of the main activities (including any projects) which it plans to undertake during the year in relation to designated consumers generally or any description of designated consumers;

(d) a general description of any other projects which it plans to undertake during the year (other than those comprising routine activities in the exercise of its functions).

(2) The description of a project under subsection (1)(b) or (d) must include the objectives of the project.

(3) The forward work programme for any year must also include—

(a) an estimate of the overall expenditure which the GCCNI expects to incur during the year in the exercise of its functions, and

(b) an estimate of the expenditure (if any) which the GCCNI expects to incur during the year in the exercise of its functions in relation to designated consumers.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4A) In preparing a draft of the forward work programme for any year, the GCCNI must consult—

(a) Citizens Advice, and

(b) Consumer Scotland.

(5) Before publishing the forward work programme for any year, the GCCNI must publish a notice—

(a) containing a draft of the forward work programme, and

(b) specifying the period within which representations about the proposals contained in it may be made,

and must consider any representations which are duly made and not withdrawn.

(6) The notice under subsection (5) must be published by the GCCNI in such manner as it considers appropriate for the purpose of bringing the matters contained in the notice to the attention of persons likely to have an interest in them.

(7) The GCCNI must send a copy of any notice given by it under subsection (5) to—

(a) the Secretary of State,

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) the Office of Fair Trading, and

(e) any regulatory body which the GCCNI considers might have an interest in the content of the notice.

(8) References in this section to “designated consumers” are references to designated consumers who are consumers in relation to postal services in Northern Ireland.

(9) In this section “programme year” means—

(a) the period beginning on 1st April 2014 and ending with the next following 31st March, and

(b) each successive period of 12 months.

General provision about functions

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(1) In exercising its functions the GCCNI must comply with the requirements of this section.

(2) The GCCNI must have regard to the forward work programme published under section 5.

(3) The GCCNI must have regard to the interests of consumers in different areas.

(4) The GCCNI must have regard to the interests of consumers that are one or more of the following—

(a) disabled or chronically sick individuals;

(b) individuals of pensionable age;

(d) individuals residing in rural areas.

(5) But nothing in subsection (4) is to be taken as implying that regard may not be had to the interests of other descriptions of consumers.

(6) The GCCNI must have regard to the need to use its resources in the most efficient and economic way.

(7) In discharging the duty imposed by subsection (6), the GCCNI must take account of the existence of any other public bodies with the same functions as, or similar functions to, those of the GCCNI and the activities carried on by such bodies.

(8) The GCCNI must exercise its functions in the manner which it considers is best calculated to contribute to the achievement of sustainable development.

(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) A person is of pensionable age for the purposes of this section if—

(a) the person has attained pensionable age (within the meaning given by the rules in paragraph 1 of Schedule 4 to the Pensions Act 1995 (c. 26)), or

(b) in the case of a man born before 6 December 1953, he is the same age as a woman who has attained pensionable age (within the meaning so given).

Annual report

7

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The core functions

The representative function

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(1) The GCCNI may—

(a) provide advice and information to persons within subsection (2) about consumer matters,

(b) make proposals to such persons about consumer matters, and

(2) Those persons are—

(a) any Minister of the Crown or government department;

(b) the Scottish Ministers;

(d) any regulatory body established by or under an enactment;

(e) the European Commission or any other international organisation;

(f) any other person whom the GCCNI considers might have an interest in the matter in question.

(3) In this section “ enactment ” means—

(a) an Act of Parliament,

(b) an Act of the Scottish Parliament,

(d) Northern Ireland legislation,

whenever passed or made.

The research function

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The GCCNI may obtain and keep under review—

(a) information about consumer matters,

(b) information about the views of consumers on consumer matters, and

The information function

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(1) The GCCNI may facilitate the dissemination to consumers of advice and information—

(a) about the GCCNI and its functions,

(b) about consumer matters, and

(2) In exercising the power conferred by subsection (1) the GCCNI may (among other things)—

(a) publish or otherwise make available information in any manner the GCCNI thinks appropriate for the purpose of bringing it to the attention of those likely to be interested;

(b) support (financially or otherwise), facilitate or co-ordinate the activities of other persons.

Powers of investigation

Voluntary activities

11

(1) The GCCNI may investigate—

(a) a complaint made by or on behalf of a consumer which appears to the GCCNI to raise one or more issues of general relevance concerning consumer matters that relate to postal services in Northern Ireland.

(b) any matter which appears to the GCCNI to be, or to be related to, a problem which affects or may affect consumers of postal services in Northern Ireland.

(2) For this purpose, a complaint raises an issue of general relevance if it raises—

(a) a novel issue which affects or may affect consumers generally or consumers of a particular description, or

(b) any other issue which has or may have an important effect on consumers generally or consumers of a particular description.

Investigation of complaints made by vulnerable designated consumers

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(1) Subsection (3) applies to a complaint which is made—

(a) by or on behalf of a vulnerable person in that person's capacity as a designated consumer (“the designated consumer”),

(b) against a person (“ the supplier ”) who in the course of a business carried on by the supplier supplies or seeks to supply, or refuses to supply, goods or services to the designated consumer, and

(c) in respect of a matter connected with the supply of goods or services by the supplier to the designated consumer or a refusal by the supplier to supply goods or services to the designated consumer.

(2) For this purpose a person is “vulnerable” if the consumer advocacy body to which the complaint is referred is satisfied that it is not reasonable to expect that person to pursue the complaint on that person's own behalf.

(3) Where a complaint to which this subsection applies is referred to a consumer advocacy body by or on behalf of the designated consumer, that consumer advocacy body may investigate the complaint for the purpose of determining whether it is appropriate to take any action under subsection (4).

(4) Where it appears to a 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, that consumer advocacy body may—

(a) provide advice to the designated consumer or, if the complaint was made by another person on the designated consumer's behalf, that person;

(b) make representations on behalf of the designated consumer to the supplier about anything to which the complaint relates.

(5) Where a complaint is referred to Citizens Advice, Citizens Advice Scotland or Consumer Scotland, that body may agree with another of those bodies that the complaint is to be treated as having been referred to that other body.

(6) If two of those bodies so agree in a particular case, subsections (3) and (4) and sections 14(2) to (4) and 15(1) are to have effect accordingly.

Investigation of complaints relating to disconnection of gas or electricity

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(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 a consumer advocacy body by or on behalf of the complainant, that 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 a 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, that 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) A consumer advocacy body may refuse to investigate a complaint, or part of a complaint, if—

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

(5) A consumer advocacy body may refuse to investigate a complaint until the complainant has taken such steps as appear to the 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.

(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.

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