PART IIIAPPOINTMENT AND REGULATION OF UNDERTAKERS

CHAPTER IIICONSUMER PROTECTION: THE GENERAL CONSUMER COUNCIL

Articles 52 and 53: supplementaryI154

1

The Department may make regulations prescribing—

a

descriptions of information which a body to which a direction is given under Article 52 or 53 may refuse to supply; or

b

circumstances in which such a body may refuse to comply with a direction given under either of those Articles.

2

The Council may, if no person is prescribed for the purpose under paragraph (3), refer a failure by a company holding an appointment under Chapter I to comply with a direction under Article 52 to the Authority.

3

The Department may make regulations for the purpose of enabling a failure to comply with a direction under Article 52 or 53 to be referred by the body which gave the direction to such person (other than the Authority) as may be prescribed by the regulations.

4

A person to whom such a failure is referred (whether under paragraph (2) or regulations under paragraph (3)) shall—

a

consider any representations made by either party;

b

determine whether the person failing to comply with the direction is entitled to refuse to do so, and, if not, order him to comply with the direction; and

c

give notice of his determination and any order under sub-paragraph (b), with reasons, to both parties.

5

The duty of a company holding an appointment under Chapter I to comply with an order under this Article shall be enforceable by the Authority under Article 30.

6

Subject to Article 57, a notice under paragraph (4) may be published by either party to the reference.