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Consumers, Estate Agents and Redress Act 2007

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InformationU.K.

24 Provision of information to [F1the consumer advocacy bodies]U.K.

(1)[F2A consumer advocacy body] may, by notice, require a person within subsection (3) to supply it with such information as is specified or described in the notice within such reasonable period as is so specified.

(2)[F3 In the case of the GCCNI, the] information specified or described in a notice under subsection (1) must be information [F4 the GCCNI] requires for the purpose of exercising its functions.

[F5(2A) In the case of Citizens Advice or Citizens Advice Scotland, the information specified or described in a notice under subsection (1) must be information it requires—

(a)for the purpose of exercising a function conferred on it by or under an enactment, or

(b)for the purpose of exercising a function it has that—

(i)is not conferred by or under an enactment, and

(ii) 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).

(2B)For the purposes of subsection (2A) “enactment” means an Act, an Act of the Scottish Parliament, a measure or Act of the National Assembly for Wales or Northern Ireland legislation.]

(3)The persons referred to in subsection (1) are—

(a)the [F6Competition and Markets Authority];

(b)a designated regulator;

(c)any person who supplies goods or services in the course of a business carried on by that person;

(d)any other person specified or of a description specified by the Secretary of State by order for the purposes of this subsection.

(4)A notice under subsection (1) may specify the manner and form in which any information is to be provided.

(5)Before giving a notice under subsection (1), or specifying the manner or form in which any information is to be provided, [F7a consumer advocacy body] must have regard to the desirability of minimising the costs, or any other detriment, to the person to whom the notice is to be given.

(6)If a person within subsection (3)(a) or (b) fails to comply with a notice under subsection (1), the person must, if so required by [F8the consumer advocacy body in question], give notice to [F9that body] of the reasons for the failure.

(7)An order under subsection (3)(d) may provide either—

(a)that subsection (6) is to apply in relation to a person specified or of a description specified by the order as it applies to a person within subsection (3)(a) or (b), or

(b)that section 26 is to apply in relation to such a person.

(8)[F10A consumer advocacy body] may publish any notice received under subsection (6).

[F11(8A)Information provided to a consumer advocacy body because of a notice under subsection (1) may be provided by that body to the other consumer advocacy bodies.]

(9)In this section—

  • “ designated regulator ” means—

    (a)

    the Gas and Electricity Markets Authority;

    (b)

    [F12the Office of Communications;]

    (c)

    the Water Services Regulation Authority;

    (ca)

    [F13the Water Industry Commission for Scotland;]

    (d)

    any other person prescribed by the Secretary of State by order for the purposes of this subsection;

  • “ goods ” includes land or an interest in land.

Textual Amendments

F12 Words in s. 24(9) substituted (1.10.2011) by Postal Services Act 2011 (c. 5) , s. 93(2) (3) , Sch. 12 para. 179 ; S.I. 2011/2329 , art. 3

Commencement Information

I1 S. 24 in force at 1.10.2008 by S.I. 2008/2550 , art. 2 , Sch.

25 Enforcement by regulator of section 24 noticeU.K.

(1)Where a regulated provider fails to comply with a notice under section 24(1), [F14the consumer advocacy body in question] may refer the failure to—

(a)a person prescribed by the Secretary of State by order for the purposes of this section, or

(b)if no person has been so prescribed, the relevant regulator.

(2)Subsection (1) applies only to the extent that the notice relates to information which is held or may be obtained by the regulated provider in its capacity as a regulated provider.

(3)For the purposes of this section—

  • “ designated investigator ”, in relation to a failure to comply with a notice under section 24(1), means the person to whom the failure is referred under subsection (1);

  • “ regulated provider ” means a person listed in the first column of the following table;

  • “ relevant regulator ”, in relation to a regulated provider, means the body listed in relation to the regulated provider in the second column of that table.

    Table
    Regulated providerRelevant regulator
    A person holding a licence under section 7, 7ZA[F15 or 7A][F15, 7A or 7AB] of the Gas Act 1986 (c. 44).The Gas and Electricity Markets Authority.
    A person holding a licence under section 6 of the Electricity Act 1989 (c. 29) .The Gas and Electricity Markets Authority.
    [F16A postal operator.The Office of Communications.]
    A water undertaker, sewerage undertaker or licensed water supplier.The Water Services Regulation Authority.
    [F17The Water Industry Commission for Scotland.The Water Industry Commission for Scotland.]

(4)Where a failure is referred under subsection (1), the designated investigator must—

(a)consider any representations made by [F18the consumer advocacy body] or the regulated provider, and

(b)determine whether the regulated provider is entitled to refuse to comply with the notice by virtue of provision made under section 28 (exemptions from requirements to provide information).

(5)If the designated investigator determines that the regulated provider is not entitled to refuse to comply with the notice, the designated investigator must direct the regulated provider to comply with it.

(6)The designated investigator must give [F19the consumer advocacy body] and the regulated provider notice of—

(a)a determination under subsection (4)(b) and the reasons for it, and

(b)any direction under subsection (5).

[F20(6A) An obligation imposed by virtue of subsection (5) on a postal operator is enforceable by OFCOM under Schedule 7 to the Postal Services Act 2011 (enforcement of regulatory requirements). ]

(7)An obligation imposed by virtue of subsection (5) on a water undertaker, sewerage undertaker or licensed water supplier is enforceable by the Water Services Regulation Authority under section 18 of the Water Industry Act 1991 (c. 56) (orders for securing compliance).

(8)Schedule 2 makes provision about the enforcement of obligations imposed by virtue of subsection (5) on other regulated providers.

Textual Amendments

F16 Words in s. 25(3) substituted (1.10.2011) by Postal Services Act 2011 (c. 5) , s. 93(2) (3) , Sch. 12 para. 180(2) ; S.I. 2011/2329 , art. 3

Commencement Information

I2 S. 25 in force at 1.10.2008 by S.I. 2008/2550 , art. 2 , Sch.

26 Enforcement by court of section 24 noticeU.K.

(1) This section applies where a person (“ the defaulter ”) refuses, or otherwise fails, to comply with a notice given to the defaulter under section 24(1) and the defaulter is—

(a)within section 24(3)(c), or

(b)a person in relation to whom this section applies by virtue of provision made under section 24(7)(b).

(2)But this section does not apply in relation to a notice if, or to the extent that, section 25(1) applies in relation to the notice.

(3)[F21The consumer advocacy body in question] may apply to the court for an order requiring the defaulter to comply with the notice or with such directions for the like purpose as may be contained in the order.

(4)An order under this section may, in particular, provide that all the costs or expenses of and incidental to the application are to be borne—

(a)by the defaulter, or

(b)if officers of a company or other association are responsible for the failure to comply with the notice, by those officers.

(5)In this section “the court”—

(a)in relation to England and Wales or Northern Ireland, means the High Court, and

(b)in relation to Scotland, means the Court of Session.

Textual Amendments

Commencement Information

I3 S. 26 in force at 1.10.2008 by S.I. 2008/2550 , art. 2 , Sch.

27 Provision of information by [F22a consumer advocacy body]U.K.

[F23(1)An authorised person may, by notice, require—

(a) the GCCNI to supply it with such information in relation to consumer matters that relate to postal services in Northern Ireland, as is specified or described in the notice within such reasonable period as is so specified, or

(b)Citizens Advice or Citizens Advice Scotland to supply it with such information relating to its functions conferred by or under section 24 or any other enactment as is specified or described in the notice within such reasonable period as is so specified.

(1A)For the purpose of subsection (1)(b), “enactment” means any provision of an Act, Act of the Scottish Parliament, a Measure or Act of the National Assembly for Wales or Northern Ireland legislation.]

(2)The information specified or described in a notice under subsection (1) must be information the authorised person requires for the purpose of exercising its functions.

(3) “ Authorised person ” means—

(a)the [F24Competition and Markets Authority];

(b)a designated regulator (within the meaning of section 24(9);

(c)any person specified or of a description specified by the Secretary of State by order.

(4)A notice under subsection (1) may specify the manner and form in which any information is to be provided.

(5)Before giving a notice under subsection (1) or specifying the manner or form in which any information is to be provided, an authorised person must have regard to the desirability of minimising the costs, or any other detriment, to [F25the consumer advocacy body in question].

(6)If [F26a consumer advocacy body] fails to comply with a notice under subsection (1), it must, if so required by the authorised person which gave that notice, give notice to the authorised person of the reasons for the failure.

(7)An authorised person may publish any notice received by it under subsection (6).

Textual Amendments

Commencement Information

I4 S. 27 in force at 1.10.2008 by S.I. 2008/2550 , art. 2 , Sch.

28 Exemptions from requirements to provide informationU.K.

(1)The Secretary of State may make regulations prescribing—

(a)descriptions of persons to whom [F27a consumer advocacy body] may not give a notice under section 24(1);

(b)descriptions of information which a person may refuse to supply in accordance with a notice under section 24(1) or 27(1);

(c)circumstances in which a person may refuse to comply with such a notice.

(2)No person may be required by a notice under section 24(1) or 27(1) or a court order under section 26—

(a)to provide any information which that person could not be compelled to supply in evidence in civil proceedings before the High Court or the Court of Session, or

(b)to produce any document which that person could not be compelled to produce in such proceedings.

Textual Amendments

Commencement Information

I5 S. 28 in force at 1.10.2008 by S.I. 2008/2550 , art. 2 , Sch.

29 Disclosure of informationU.K.

(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 [F28Citizens Advice or Citizens Advice 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 [F29the consumer advocacy bodies] under or by virtue of [F30the Postal Services Act 2011].

[F31(3A)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 Advice or Citizens Advice 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” means 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). ]

(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 [F32 the GCCNI] under section 8 or 10,

(b) included in, or made public as part of, a report of [F33 the GCCNI] under any provision of this Part,

(c) published by [F34 the GCCNI] under section 19(2) F35 ...,

[F36(ca) published or made available by [F37Citizens Advice or Citizens Advice Scotland] under [F38 subsection (7) or (8) ] of section 19A,

(cb) published by [F39Citizens Advice or Citizens Advice Scotland] under section 24(8), ]

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

(e)published by [F40a consumer advocacy body] under section 45, or

(f) published by [F41Citizens 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)),[F42the 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)), [F43the 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 [F43the 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.

Textual Amendments

F30 Words in s. 29(3)(b) substituted (1.10.2011) by Postal Services Act 2011 (c. 5) , s. 93(2) (3) , Sch. 12 para. 181 ; S.I. 2011/2329 , art. 3

Commencement Information

I6 S. 29 in force at 1.10.2008 by S.I. 2008/2550 , art. 2 , Sch.

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