C3C4Part 1F184THE CONSUMER ADVOCACY BODIES
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)
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)
F186The consumer advocacy bodies
S. 1 cross-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(3) (with Sch. 1 para. 28 , Sch. 2 paras. 13-15 )
F251The consumer advocacy bodies
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,
F200ba
Consumer Scotland, or
c
the GCCNI.
F2013
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.
F292The territorial committees
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“Consumer”, “consumer matters” and “designated consumers”
I13“Consumer” and “consumer matters”
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 F3postal 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 F4postal 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.
I24“Designated consumers”
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 F5postal 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
4
Before making an order under subsection (2), the Secretary of State must consult—
F30a
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 F202and 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,
c
the Welsh Ministers, and
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 F6postal services.
Determining priorities
I135Forward work programmes F31of the GCCNI
1
F35The GCCNI must F36before each programme year publish a document (the “forward work programme”) containing—
a
a statement of any priorities of F37the 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;
c
a statement of any other priorities of F38the GCCNI for the year;
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 F39the GCCNI expects to incur during the year in the exercise of its functions, and
b
an estimate of the expenditure (if any) which F40the GCCNI expects to incur during the year in the exercise of its functions in relation to designated consumers.
F344
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F324A
In preparing a draft of the forward work programme for any year, the GCCNI must consult—
a
Citizens Advice , and
b
F203Consumer Scotland .
5
Before publishing the forward work programme for any year, F41the 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 F42the 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
F43The GCCNI must send a copy of any notice given by it under subsection (5) to—
a
the Secretary of State,
F44b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F44c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
d
the Office of Fair Trading, and
e
any regulatory body which F45the GCCNI considers might have an interest in the content of the notice.
F338
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.
6 General provision about functions F46 of the GCCNI
I31
In exercising its functions F47 the GCCNI must comply with the requirements of this section.
I142
F48 The GCCNI must have regard to the forward work programme published under section 5.
I33
F49 The GCCNI must have regard to the interests of consumers in different areas.
I34
F50 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;
c
individuals with low incomes;
d
individuals residing in rural areas.
I35
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.
I36
F51 The GCCNI must have regard to the need to use its resources in the most efficient and economic way.
I37
I38
F53The GCCNI must exercise its functions in the manner which it considers is best calculated to contribute to the achievement of sustainable development.
F549
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I310
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 beforeF22 6 December 1953, he is the same age as a woman who has attained pensionable age (within the meaning so given).
6AF26Exercise of functions of consumer advocacy bodies
Subject to section 13 (investigation of complaints relating to the disconnection of gas or electricity), nothing in this Part imposes on a consumer advocacy body a duty to exercise any of its functions on behalf of or at the request of a particular consumer.
Annual report
F55 7 Annual report
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F56 7A Annual report on Scottish Water related activities
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The core functions
I15 8 The representative function
1
F57The 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
c
represent the views of consumers on consumer matters to such persons.
2
Those persons are—
a
any Minister of the Crown or government department;
b
the Scottish Ministers;
c
the Welsh 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 F58the 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,
c
a Measure or Act of the National Assembly for Wales, or
d
Northern Ireland legislation,
whenever passed or made.
I4 9 The research function
F59The GCCNI may obtain and keep under review—
a
information about consumer matters,
b
information about the views of consumers on consumer matters, and
c
information of such other description as may be prescribed by the Secretary of State by order.
10The information function
1
F60 The GCCNI may facilitate the dissemination to consumers of advice and information—
I16 b
about consumer matters, and
I16 c
about such other matters as may be prescribed by the Secretary of State by order.
I5 2
In exercising the power conferred by subsection (1) F62 the GCCNI may (among other things)—
a
publish or otherwise make available information in any manner F63 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
I17 11 General powers of investigation
1
F64The GCCNI may investigate—
a
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.
I18 12 Investigation of complaints made by vulnerable designated consumers
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 F70the 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
4
Where it appears to F73a 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, F74that 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.
F2045
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.
F696
If F205two 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.
I19 13 Investigation of complaints relating to disconnection of gas or electricity
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
3
Where it appears to F79a 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, F80that 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
F81A consumer advocacy body may refuse to investigate a complaint, or part of a complaint, if—
a
the complaint or part appears to F82the 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 F83the 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
F84the 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;
5
F2065A
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.
F755B
If F207two 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.
F766A
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;
- a
“ 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;
- a
“ redress scheme ” means a scheme under which complaints may be made to, and investigated and determined by, an independent person.
I20 14 Reference of matters to the Gas and Electricity Markets Authority
1
In this section references to a complaint are to a complaint within section 11(1)(a) or to which section 12(3) or 13 applies.
2
Where it appears to F89the consumer advocacy body in question that a complaint relates to a matter in respect of which any of the Authority's enforcement functions may be exercisable, F90that body must refer the complaint to the Authority unless it is satisfied that the Authority is already aware of the matter.
3
Where a complaint to which section 13 applies is referred to the Authority under subsection (2), F91the consumer advocacy body in question is not required to investigate the complaint under subsection (2) of that section until the Authority has had a reasonable opportunity to exercise its enforcement functions in relation to the matter to which the complaint relates.
4
On investigating a complaint, F92the consumer advocacy body in question must inform the complainant if it considers that the complaint relates to a matter of a kind which can be referred by the complainant to the Authority under any provision of the Gas Act 1986 (c. 44) or the Electricity Act 1989 (c. 29).
F884A
In this section, a reference to a consumer advocacy body does not include a reference to the GCCNI.
5
In this section—
“ the Authority ” means the Gas and Electricity Markets Authority;
“ enforcement function ”, in relation to the Authority, means any of its functions under section 28 or 30A of the Gas Act 1986 or section 25 or 27A of the Electricity Act 1989.
I21 15 F7 Reference of postal matters to OFCOM
1
F93 A consumer advocacy body must refer any complaint within section 11(1)(a), or to which section 12(3) applies, to F8 the Office of Communications (“OFCOM”) if F94 that consumer advocacy body considers that—
a
the subject matter of the complaint indicates that F9a regulatory condition imposed under Part 3 of the Postal Services Act 2011 has been contravened,
b
the subject matter of the complaint is a referable matter, or
c
it is appropriate to do so.
2
I22 16 Investigations relating to public post offices
F961
Without prejudice to the generality of section 11—
a
Citizens AdviceF208, Citizens Advice Scotland and Consumer Scotland may investigate any matter relating to the number and location of public post offices in England, Wales and Scotland;
b
the GCCNI may investigate any matter relating to the number and location of public post offices in Northern Ireland.
2
In this section “public post office” has the same meaning as in the Postal Services Act 2000 (c. 26) (see F11section 125(1) of that Act).
Other functions of F185the consumer advocacy bodies
Words in s. 17 cross-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(21) (with Sch. 1 para. 28, Sch. 2 paras. 13-15)
I23 17 Reports by F97 the GCCNI
1
2
F100 The GCCNI may publish any report prepared under this section.
I24 18 Secretary of State's power to require reports
1
2
The Secretary of State may publish any report submitted under this section.
I25 19 Advice, information and guidance
1
F103The GCCNI may issue advice or guidance to any person with a view to improving standards of service and promoting best practice in connection with the handling of complaints made by consumers or any other matter affecting the interests of consumers.
2
3
For this purpose “ information about consumer matters ” includes information about the views of consumers on consumer matters.
19AF19Guidance for energy consumers
1
F107A consumer advocacy body must prepare, and keep under review—
a
guidance for energy consumers (the “energy consumer guidance”), and
b
a summary prepared in accordance with subsection (4) (the “concise guidance”).
2
The energy consumer guidance must address the matters included in any document published by the European Commission pursuant to Article 3(16) of the Electricity Directive or Article 3(12) of the Gas Directive F199which is in force immediately before IP completion day.
3
The energy consumer guidance may include any other information relating to the rights of energy consumers which F108the consumer advocacy body in question thinks appropriate.
4
The concise guidance must—
a
summarise any information in the energy consumer guidance which F109in the view of the consumer advocacy body in question is particularly relevant to the interests of energy consumers, and
b
state where a copy of the energy consumer guidance can be obtained.
5
In preparing and reviewing F110its energy consumer guidance and its concise guidanceF111a consumer advocacy body must consult—
a
the Secretary of State,
b
the Gas and Electricity Markets Authority, and
c
any other person F112the consumer advocacy body in question considers appropriate.
F1136
A consumer advocacy body must publish the first version of its energy consumer guidance and its concise guidance on its website.
7
If, following a review, F114a consumer advocacy body considers it necessary to amend F115its energy consumer guidance and its concise guidance, F116the consumer advocacy body must, as soon as is reasonably practicable—
a
publish the amended version on its website, and
b
inform any person it consulted in accordance with subsection (5) that it has done so.
8
F117A consumer advocacy body may also make the first and any amended version of F118its energy consumer guidance and its concise guidance available in any other manner F119the consumer advocacy body thinks appropriate for the purpose of bringing that guidance to the attention of those likely to be interested.
F1068A
Until a consumer advocacy body has published the first version of its energy consumer guidance and its concise guidance, it must—
a
publish on its website, and
b
make available in any other manner that it thinks appropriate for the purpose of bringing them to the attention of those likely to be interested,
the last version of the energy consumer guidance and the concise guidance to be published by the National Consumer Council under this section (as it had effect immediately before the amendments made to this Act 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/…) came into force.
8B
Nothing in this section prevents a consumer advocacy body from publishing its energy consumer guidance or its concise summary in a document that includes the energy consumer guidance or, as the case may be, the concise summary of another consumer advocacy body.
8C
In this section, a reference to a consumer advocacy body does not include a reference to F209Citizens Advice Scotland or the GCCNI.
9
In this section—
“the Electricity Directive” means Directive 2009/72/ EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in electricity and repealing Directive 2003/54/ EC ;
“energy consumer” means an individual who is—
- a
a consumer in relation to gas supplied by an authorised supplier for consumption by the consumer’s own household;
- b
a consumer in relation to electricity supplied by an authorised supplier for consumption by the consumer’s own household;
- a
F197“the Gas Directive” means Directive 2009/73/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in natural gas and repealing Directive 2003/55/EC( ), as amended by the 2019 Amending Directive;
F198“the 2019 Amending Directive” means Directive (EU) 2019/692 of the European Parliament and of the Council of 17 April 2019 amending Directive 2009/73/EC concerning common rules for the internal market in natural gas.
F120 20 Duty to enter into co-operation arrangements
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F121 20A Duty to enter into co-operation arrangements about Scottish Water
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F28 21 Power to co-operate and give assistance
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F28 22 Voluntary activities
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F28 23 Supplementary powers etc
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Information
I26C3C4C2 24 C3C4Provision of information to F122the consumer advocacy bodies
1
F125A 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
F1232A
In the case of Citizens AdviceF210, Citizens Advice Scotland or Consumer 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 F132Competition 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, F128a 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
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
F131A consumer advocacy body may publish any notice received under subsection (6).
F1248A
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—
“ goods ” includes land or an interest in land.
I27 25 C3C4Enforcement by regulator of section 24 notice
1
Where a regulated provider fails to comply with a notice under section 24(1), F133the 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 F189the person's 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.
TableRegulated provider
Relevant regulator
A person holding a licence under section 7, 7ZA
F23 or 7AF23, 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.
F13A postal operator.
The Office of Communications.
A water undertaker, sewerage undertaker F188, water supply licensee or sewerage licensee.
The Water Services Regulation Authority.
F2The 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 F134the 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 F135the 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).
F146A
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 undertakerF187, water supply licensee or sewerage licensee 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.
I28 26 C3C4Enforcement by court of section 24 notice
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
F136The 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.
I29 27 C3C4Provision of information by F137a consumer advocacy body
F1381
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 AdviceF211, Citizens Advice Scotland or Consumer 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 F141Competition 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 F139the consumer advocacy body in question.
6
If F140a 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).
I30 28 C3C4Exemptions from requirements to provide information
1
The Secretary of State may make regulations prescribing—
a
descriptions of persons to whom F142a 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.
I31 29 C3C4Disclosure 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
F1433A
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 AdviceF217, 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” meansF215, 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).
F216and, 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 F150the GCCNI under section 8 or 10,
b
included in, or made public as part of, a report of F151the GCCNI under any provision of this Part,
F21ca
cb
d
published by an authorised person under section 27(7),
e
published by F152a consumer advocacy body under section 45, or
f
published by F153Citizens 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)),F154the 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)), F155the 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 F155the 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.
Abolition of consumer bodies
30Abolition of “Energywatch” and “Postwatch”
I32 1
The Gas and Electricity Consumer Council is abolished.
I32 2
The Consumer Council for Postal Services is abolished.
I32 3
Subject to any modifications made by this Act—
a
the functions of the Gas and Electricity Consumer Council under the Gas Act 1986 (c. 44), the Electricity Act 1989 (c. 29) and the Utilities Act 2000 (c. 27), and
b
the functions of the Consumer Council for Postal Services under the Postal Services Act 2000 (c. 26),
are transferred by this section to the Council.
4
Accordingly—
I32 a
in section 66 of the Gas Act 1986 (general interpretation), for the definition of “the Council” substitute—
“ the Council ” means the National Consumer Council;
I32 b
in section 111(1) of the Electricity Act 1989 (general interpretation), for the definition of “the Council” substitute—
“ the Council ” means the National Consumer Council;
I32 5
Schedule 3 contains transitional provisions.
I34 31 Designation of the Consumer Council for Water for abolition
1
The Secretary of State may by order designate the Consumer Council for Water for abolition.
2
An order under this section must specify the earliest date on which a transfer order or an abolition order under section 32 may take effect in respect of the Consumer Council for Water.
3
Before making an order under this section the Secretary of State must consult—
a
the Consumer Council for Water,
b
F156Citizens Advice , and
c
such other persons as the Secretary of State considers appropriate.
4
An order under this section may only be made with the consent of the Welsh Ministers.
I35 32 Transfer orders and abolition orders
1
Where the Consumer Council for Water is designated for abolition under section 31, the Secretary of State may make in respect of it—
a
one or more transfer orders;
b
an abolition order.
2
A transfer order is an order which provides for the transfer to F158Citizens Advice of any function of the Consumer Council for Water.
3
An abolition order is an order which provides for the abolition of the Consumer Council for Water.
4
No provision of an order under this section may take effect before the date specified under section 31(2).
F1574A
A transfer order may be made only with the consent of Citizens Advice.
5
A transfer order or abolition order may be made only with the consent of the Welsh Ministers.
I36 33 Supplementary provision about transfer and abolition orders
1
This section applies where the Consumer Council for Water has been designated for abolition under section 31.
2
In this section “ payment conditions ” means—
a
in the case of an appointment under Chapter 1 of Part 2 of the Water Industry Act 1991 (c. 56), conditions included in the appointment by virtue of section 11(1)(c) of that Act, and
b
in the case of a water supply licence under Chapter 1A of that Part, conditions included in the licence by virtue of section 17G(1)(b) of that Act.
3
The payment conditions of such an appointment or licence may (without prejudice to the generality of sections 11(1)(c) and 17G(1)(b) of that Act) require the payment by the company holding the appointment or licence of sums relating to any of the expenses mentioned in subsection (4).
4
Those expenses are—
a
b
any expenses of F162Citizens Advice , the Secretary of State or the Consumer Council for Water which relate to a transfer scheme made in respect of the Consumer Council for Water under section 35(2)(a) or (7);
c
the expenses of the Secretary of State which relate to the abolition of the Consumer Council for Water;
d
5
The “appropriate proportion” of any relevant expenses means such proportion of the expenses as the Secretary of State considers is reasonable having regard to—
a
in the case of expenses within subsection (4)(a), the functions exercisable by F167Citizens Advice in relation to water consumers;
b
in the case of expenses within subsection (4)(e), the functions under F168a qualifying consumer advice scheme which are exercisable in relation to water consumers.
6
The Authority may, in accordance with this section, modify any payment conditions where it considers it necessary or expedient to do so in consequence of, or of preparations for—
a
the abolition of the Consumer Council for Water, or
b
a transfer order or abolition order under section 32.
7
The Authority may, in accordance with this section, make such incidental or consequential modifications of the other conditions which are included in—
a
an appointment under Chapter 1 of Part 2 of the Water Industry Act 1991 (c. 56), or
b
a water supply licence under Chapter 1A of that Part,
as it considers necessary or expedient in consequence of, or of preparations for, an event mentioned in subsection (6)(a) or (b).
8
Before modifying under subsection (6) or (7) the conditions included in an appointment or licence, the Authority must consult the company holding the appointment or licence.
9
The Secretary of State may, after consulting the Welsh Ministers, give directions to the Authority for the purpose of securing that sums relating to any of the expenses mentioned in subsection (4) are included in the sums payable by virtue of payment conditions; and the Authority must comply with any such direction.
F1599A
For the purposes of this section a qualifying public consumer advice scheme is a scheme that is supported by Citizens Advice or Citizens Advice Scotland , or by them jointly, in a manner that the Office of Fair Trading is prohibited from supporting by section 8A of the Enterprise Act 2002.
10
In this section—
Abolition: supplementary provision
I37 34 Compensation for loss of office
1
The Secretary of State may pay such sums as the Secretary of State may, with the approval of the Treasury, determine by way of compensation to any person who—
a
ceases to be a member of the Consumer Council for Postal Services, the Gas and Electricity Consumer Council, or the Consumer Council for Water by virtue of the abolition of the body in question by or under this Part, or
b
ceases to be a member of the company called the National Consumer Council (a company limited by guarantee and registered under the Companies Acts) by virtue of its dissolution.
2
The compensation is payable in respect of loss of office, or loss or diminution of pension rights.
I8 35 Transfer of property etc
1
This section applies to—
F170 a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F170 b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c
if a transfer order has been made under section 32 (whether or not it has taken effect), the Consumer Council for Water;
F170 d
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
The Secretary of State may direct a body to which this section applies—
a
to make a scheme or schemes for the transfer of its property, rights and liabilities to F171Citizens Advice ;
b
to transfer such property, rights or obligations as are specified in the direction to a person (other than F171Citizens Advice) so specified (“the specified transferee”).
3
Before giving, varying or revoking a direction under subsection (2), the Secretary of State must consult—
a
the body to which the direction is to be or has been given,
b
F182Citizens Advice, and
c
in the case of a direction under subsection (2)(b), the specified transferee.
4
A body given a direction under subsection (2)(a) must consult F172Citizens Advice before making a transfer scheme.
5
A transfer scheme made pursuant to a direction under subsection (2)(a) has effect—
a
only if approved by the Secretary of State, and
b
subject to any modifications made by the Secretary of State.
6
Before making any modifications the Secretary of State must consult the body to which the direction was given.
7
The Secretary of State may make a scheme or schemes for the transfer to F173Citizens Advice of the property, rights and liabilities of a body to which this section applies.
8
Schedule 4 makes further provision about transfer schemes.
9
In this section “ transfer scheme ” means a scheme made under or by virtue of subsection (2)(a) or (7).
I9 36 Directions
1
The Secretary of State may direct a body to which section 35 applies to supply to the Secretary of State such information specified or described in the direction as the Secretary of State may require in relation to—
a
the body's property, rights or liabilities, or
b
the exercise by the body of its functions.
2
A direction under subsection (1)—
a
must specify the period within which the information is to be provided, and
b
may require the information to be supplied in a specified form.
3
A body given a direction under subsection (1) must comply with it within the specified period.
4
The Secretary of State may direct a body to which section 35 applies not to take any action of a specified kind, or in specified circumstances.
5
Before giving, varying or revoking a direction under this section, the Secretary of State must consult—
a
the body to which the direction is to be or has been given, and
b
F174Citizens Advice .
6
In this section “ specified ” means specified in the direction given by the Secretary of State.
Alteration of F183the functions of Citizens Advice and Citizens Advice Scotland
Words in s. 37 cross-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(38) (with Sch. 1 para. 28, Sch. 2 paras. 13-15)
I38 37 F175Extension of the functions of Citizens Advice and Citizens Advice Scotland
1
The Secretary of State may, by order, confer on F177Citizens Advice or Citizens Advice Scotland any other function or functions if the Secretary of State considers that it is in the interests of consumers generally, or consumers of a particular description, to do so.
2
The Secretary of State may only confer a function on F178Citizens Advice or Citizens Advice Scotland under this section if the function appears to the Secretary of State to be connected (directly or indirectly) to an existing or former function of the Council.
3
Before making an order under subsection (1), the Secretary of State must consult—
a
F179the body on which the Secretary of State proposes to confer a function or functions,
b
if it appears to the Secretary of State that the exercise of any function conferred by the order might affect Wales in relation to any matter as respects which functions are exercisable by the Welsh Ministers, those Ministers, and
c
such other persons as the Secretary of State considers appropriate.
F1763A
An order under this section may not—
a
confer a function on Citizens Advice or Citizens Advice Scotland, or
b
modify a function conferred on Citizens Advice or Citizens Advice Scotland by an order under this section,
unless that body consents to the conferring or modifying of the function.
4
An order under this section may not make provision which would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament.
5
An order under this section which makes provision which would be within the legislative competence of the National Assembly for Wales if it were contained in F196an Act of the Assembly may only be made with the consent of the Assembly.
6
In subsection (5) “ the Assembly Act provisions ” has the meaning given by section 103(8) of the Government of Wales Act 2006 (c. 32).
F18038 Removal of the Council's functions in relation to Northern Ireland
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Representation on other consumer panels
F24I10 39 The Financial Services Consumer Panel
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I11 40 The OFCOM Consumer Panel
In section 17 of the Communications Act 2003 (c. 21) (membership etc of the Consumer Panel)—
a
after subsection (4) insert—
4A
The Secretary of State may direct OFCOM to appoint as a member of the Consumer Panel a person specified by the Secretary of State who—
a
is a non-executive member of the National Consumer Council, and
b
is nominated for the purposes of this subsection by the National Consumer Council after consultation with OFCOM.
4B
Only one person may, at any time, be a member of the Consumer Panel appointed in accordance with a direction under subsection (4A); but that does not prevent OFCOM appointing as a member of the Consumer Panel any person who is also a member of the National Consumer Council.
4C
A person appointed in accordance with a direction under subsection (4A) ceases to be a member of the Panel on ceasing to be a non-executive member of the National Consumer Council.
b
in subsection (5) for “subsection (3) or (4)” substitute
“
subsections (3) to (4A)
”
.
F27Provision about consumer advocacy bodies
Ss. 40A, 40B and cross-heading inserted (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(41) (with Sch. 1 para. 28 , Sch. 2 paras. 13-15 )
40AGrants to consumer advocacy bodies
1
The Secretary of State, or any other Minister of the Crown may, from time to time make grants to a consumer advocacy body in connection with functions conferred on it by or by virtue of this Act or any other enactment.
2
In the case of the GCCNI , grants under paragraph (1) may only be made in relation to consumer matters that relate to postal services in Northern Ireland.
3
In this section “enactment” means—
a
an Act of Parliament,
b
an Act of the Scottish Parliament,
c
a Measure or Act of the National Assembly for Wales, or
d
Northern Ireland legislation.
40BExemption from liability in damages
1
A person listed in paragraph (2) is not liable in damages for anything done or omitted to be done in the exercise or purported exercise of any of the functions conferred by this or any other relevant enactment.
2
The persons referred to in paragraph (1) are—
a
Citizens Advice and Citizens Advice Scotland;
b
an employee of Citizens Advice or Citizens Advice Scotland;
c
a person contracted to work for Citizens Advice or Citizens Advice Scotland;
d
a charity trustee of Citizens Advice or Citizens Advice Scotland.
3
Paragraph (1) does not apply—
a
if it is shown that the act or omission was in bad faith, or
b
so as to prevent an award of damages made in respect of an act or omission on the ground that the act or omission was unlawful as a result of section 6(1) of the Human Rights Act 1998.
4
In this section—
“charity trustee” in relation to Citizens Advice, has the meaning given by section 177 of the Charities Act 2011 and in relation to Citizens Advice Scotland, has the meaning given by section 106 of the Charities and Trustee Investment (Scotland) Act 2005 ;
“relevant enactment” means a provision of—
- a
the Gas Act 1986;
- b
the Electricity Act 1989;
- c
The Postal Services Act 2000;
- d
the Utilities Act 2000;
- e
the Warm Homes and Energy Conservation Act 2000;
- f
the Communications Act 2003;
- g
the Postal Services Act 2011;
- h
The Water Industry (Scotland) Act 2002;
- i
the Water Services etc (Scotland) Act 2005;
- j
this Act.
- a
Interpretation
I12 41 Interpretation of Part 1
C1 1
In this Part—
“ distribution system ” has the meaning given by section 4(4) of the Electricity Act 1989 (c. 29);
F181 ...
“ functions ” includes powers and duties;
“ gas ” has the meaning given by section 48(1) of the Gas Act 1986 (c. 44);
F194...
“ modify ” includes amend, add to, revoke or repeal (and references to “modification” are to be read accordingly);
F16 “ postal operator ” has the same meaning as in Part 3 of the Postal Services Act 2011 (see section 65 of that Act);
“ postal services ” has the same meaning as in the F17 Part 3 of the Postal Services Act 2011 (see section 65 of that Act) ;
“ regulatory body ” means a person who exercises regulatory functions in relation to a particular description of persons with a view to ensuring compliance with particular standards of conduct (whether statutory or non-statutory) by those persons;
F18 ...
F195“sewerage licensee” means a person holding a sewerage licence under Chapter 1A of Part 2 of the Water Industry Act 1991;
F195“water supply licensee” means a person holding a water supply licence under Chapter 1A of Part 2 of the Water Industry Act 1991.
2
In this Part—
a
expressions used, as regards matters relating to gas, which are defined in section 48 of the Gas Act 1986 have the same meaning as in Part 1 of that Act, and
b
expressions used, as regards matters relating to electricity, which are defined in section 64 of the Electricity Act 1989, have the same meaning as in Part 1 of that Act.
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)