Consumers, Estate Agents and Redress Act 2007

Standards for handling complaints U.K.

43 Standards for handling complaints U.K.

(1) A regulator must by regulations prescribe standards for the handling by its regulated providers of consumer complaints made to them.

(2) The regulations may prescribe standards in relation to all consumer complaints, or consumer complaints of a kind specified in the regulations.

(3) In particular, the regulations may specify a kind of consumer complaint by reference to the subject-matter of a complaint, or the description of person making a complaint.

(4) Regulations under this section may be made only with the consent of the Secretary of State.

(5) A regulator must make arrangements for securing that regulations made by it under this section are available to the public, by whatever means it considers appropriate.

(6) If a date is prescribed in relation to a regulator for the purposes of this subsection, from that date subsection (1) has effect in relation to that regulator as if, in that subsection, for “must” there were substituted “may”.

(7) In subsection (6) “prescribed” means prescribed by order made by the Secretary of State under this section.

(8) Before prescribing a date in relation to a regulator for the purposes of subsection (6), the Secretary of State must consult—

(a) the regulator,

[F1 (b) Citizens Advice,

(ba) Citizens Advice Scotland,]

[F2 (bb) Consumer Scotland,] and

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

(9) This section does not apply to the Water Services Regulation Authority.

Textual Amendments

F1 S. 43(8)(b)(ba) substituted (1.4.2014) for s. 43(8)(b) 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(43) (with Sch. 1 para. 28, Sch. 2 paras. 13-15)

F2 S. 43(8)(bb) inserted (13.1.2022) by The Consumer Scotland Act 2020 (Consequential Provisions and Modifications) Order 2022 (S.I. 2022/34), art. 1(1), Sch. para. 7(12) (with art. 5)

Commencement Information

I1 S. 43 in force at 21.12.2007 by S.I. 2007/3546, art. 3, Sch.

44 Requirements for making regulations under section 43 U.K.

(1) Before making regulations under section 43 a regulator must—

(a) arrange for such research as it considers appropriate with a view to discovering the views of a representative sample of persons likely to be affected, and consider the results,

(b) publish a notice of its proposals (a “proposals notice”) in such manner as the regulator considers appropriate for bringing it to the attention of those likely to be affected by the proposals,

(c) consider any representations duly made, and

(d) consult persons or bodies appearing to it to be representative of persons likely to be affected by the proposals.

(2) The proposals notice must—

(a) set out the standards the regulator proposes to prescribe,

(b) give the reasons why the regulator proposes to prescribe those standards,

(c) explain how the standards will be enforced, and

(d) specify a time (not being earlier than the end of the period of 30 days beginning with the day on which the notice is published) before which representations may be made.

(3) The requirements of subsection (1) may be satisfied by action taken before the commencement of this section or the passing of this Act.

Commencement Information

I2 S. 44 in force at 21.12.2007 by S.I. 2007/3546, art. 3, Sch.

45 Information with respect to compliance with complaints handling standards U.K.

(1) This section applies in relation to standards prescribed by a regulator by regulations under section 43 in relation to its regulated providers (or some of them).

[F3 (1A) This section also applies in relation to standards for the handling of complaints made about postal operators by users of their services which are contained in consumer protection conditions imposed under Part 3 of the Postal Services Act 2011.]

(2) [F4 Citizens Advice, Citizens Advice Scotland and Consumer Scotland must publish such statistical information as Citizens Advice, Citizens Advice Scotland or, as the case may be, Consumer Scotland] [F5 consider] appropriate relating to the levels of compliance with the standards which those regulated providers[F6 or postal operators] have achieved.

[F7 (2A) The GCCNI must publish such statistical information as it considers appropriate relating to the levels of compliance with the standards which those postal operators have achieved. ]

(3) That information must be published in such form and manner, and with such frequency, as [F8 the consumer advocacy body in question] thinks appropriate.

(4) Schedule 5 makes further provision with respect to information about compliance with complaints handling standards.

Textual Amendments

F3 S. 45(1A) inserted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 184(2); S.I. 2011/2329, art. 3

F4 Words in s. 45(2) substituted (13.1.2022) by The Consumer Scotland Act 2020 (Consequential Provisions and Modifications) Order 2022 (S.I. 2022/34), art. 1(1), Sch. para. 7(13) (with art. 5)

F5 Words in s. 45(2) 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(44)(a)(ii) (with Sch. 1 para. 28, Sch. 2 paras. 13-15)

F6 Words in s. 45(2) inserted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 184(3); S.I. 2011/2329, art. 3

F7 S. 45(2A) 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(44)(b) (with Sch. 1 para. 28, Sch. 2 paras. 13-15)

F8 Words in s. 45(3) 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(44)(c) (with Sch. 1 para. 28, Sch. 2 paras. 13-15)

Commencement Information

I3 S. 45 in force at 1.10.2008 by S.I. 2008/2550, art. 2, Sch.

46 Supply of information to consumers U.K.

(1) A regulator may make regulations requiring each of its regulated providers in relation to which standards are prescribed under section 43 to give to the provider's relevant consumers such information as may be specified or described in the regulations about—

(a) the standards, and

(b) the levels of compliance with those standards achieved by the provider.

(2) Regulations under this section may include provision specifying the form and manner in which, and the frequency with which, information is to be given.

Commencement Information

I4 S. 46 in force at 21.12.2007 by S.I. 2007/3546, art. 3, Sch.