Office of Public Sector Information
PART 1 continued
The Council may make arrangements to co-operate with and give assistance to any person if it considers that to do so would facilitate or be conducive to the exercise of its own functions.
(1) The Council may provide for any person advice or assistance, including research or other services, as respects any matter in which the Council has skill, experience or expertise.
(2) The Council may make such charges as it thinks fit in respect of anything done in exercise of its powers under this section.
(3) The Council may spend such sums as it considers reasonable in the exploitation of commercial opportunities arising from the activities it carries on in the exercise of its functions.
(4) The Council may—
(a) establish one or more bodies corporate to exercise on behalf of the Council such of its functions under this section, in such circumstances, as the Council may determine;
(b) acquire an interest in an existing body corporate with a view to it exercising on behalf of the Council such of its functions under this section, in such circumstances, as the Council may determine.
(5) The Council may acquire an interest in a body corporate under subsection (4)(b) only with the consent of the Secretary of State.
(6) If the Secretary of State gives such consent, the Secretary of State must publish a notice stating that consent has been given and specifying the reasons for giving consent.
(1) The Council may do anything (other than borrow money) which is calculated to facilitate, or is incidental or conducive to, the exercise of any of its functions.
(2) The Council must not acquire or dispose of any interest in land, except with the approval of the Secretary of State.
(3) Subsection (2) does not apply to an acquisition of an interest in land under a transfer scheme (within the meaning of section 35).
(1) The Council 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) The information specified or described in a notice under subsection (1) must be information the Council requires for the purpose of exercising its functions.
(3) The persons referred to in subsection (1) are—
(a) the Office of Fair Trading;
(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, the Council 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 the Council, give notice to the Council 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) The Council may publish any notice received under subsection (6).
(9) In this section—
“designated regulator” means—
the Gas and Electricity Markets Authority;
the Postal Services Commission;
the Water Services Regulation Authority;
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.
(1) Where a regulated provider fails to comply with a notice under section 24(1), the Council 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.
| Regulated provider | Relevant regulator |
|---|---|
| A person holding a licence under section 7, 7ZA or 7A 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. |
| A person holding a licence under Part 2 of the Postal Services Act 2000 (c. 26). | The Postal Services Commission. |
| A water undertaker, sewerage undertaker or licensed water supplier. | The Water Services Regulation Authority. |
(4) Where a failure is referred under subsection (1), the designated investigator must—
(a) consider any representations made by the Council 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 the Council 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).
(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.
(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) The Council 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.
(1) An authorised person may, by notice, require the Council to supply it with such information as is specified or described in the notice within such reasonable period as is so specified.
(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 Office of Fair Trading;
(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 the Council.
(6) If the Council 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).
(1) The Secretary of State may make regulations prescribing—
(a) descriptions of persons to whom the Council 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.
(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 the Council 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 the Council under or by virtue of the Postal Services Act 2000 (c. 26).
(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 the Council under section 8 or 10,
(b) included in, or made public as part of, a report of the Council under any provision of this Part,
(c) published by the Council under section 19(2) or 24(8),
(d) published by an authorised person under section 27(7),
(e) published by the Council under section 45, or
(f) published by the Council 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)), the Council or 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)), the Council or 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 the Council or 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.
(1) The Gas and Electricity Consumer Council is abolished.
(2) The Consumer Council for Postal Services is abolished.
(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—
(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;”,
(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;”,
(c) in section 125(1) of the Postal Services Act 2000 (interpretation), after the definition of “correspondent” insert—
““the Council” means the National Consumer Council,”, and
(d) in section 106(1) of the Utilities Act 2000 (interpretation), for the definition of “Council” substitute—
““Council” means the National Consumer Council;”.
(5) Schedule 3 contains transitional provisions.
(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) the Council, 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.
(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 the Council 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).
(5) A transfer order or abolition order may be made only with the consent of the Welsh Ministers.
(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) the appropriate proportion of the expenses of the Council (other than those expenses within paragraph (b) and any expenses relating to the establishment of the Council);
(b) any expenses of the Council, 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) the expenses of expanding an OFT scheme to enable it to cater for water consumers;
(e) the appropriate proportion of the expenses of the Office of Fair Trading on, or in connection with, the support of any OFT scheme.
(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 the Council in relation to water consumers;
(b) in the case of expenses within subsection (4)(e), the functions under the OFT 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.
(10) In this section—
“the Authority” means the Water Services Regulation Authority;
“OFT scheme” means any public consumer advice scheme supported by the Office of Fair Trading;
“water consumers” means consumers in relation to services provided by a water undertaker, a sewerage undertaker or a licensed water supplier, in its capacity as such.
(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.
(1) This section applies to—
(a) the Consumer Council for Postal Services;
(b) the Gas and Electricity Consumer Council;
(c) if a transfer order has been made under section 32 (whether or not it has taken effect), the Consumer Council for Water;
(d) the company called the National Consumer Council (a company limited by guarantee and registered under the Companies Acts).
(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 the Council;
(b) to transfer such property, rights or obligations as are specified in the direction to a person (other than the Council) 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) the Council, 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 the Council 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 the Council 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).
(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) the Council.
(6) In this section “specified” means specified in the direction given by the Secretary of State.
(1) The Secretary of State may, by order, confer on the Council 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 the Council 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) the Council,
(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.
(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 a Measure of the Assembly (or, if the order is made after the Assembly Act provisions come into force, an 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).
(1) This section applies where the Secretary of State is satisfied that satisfactory arrangements are in place for a body (other than the Council) to exercise functions corresponding to the functions exercisable by the Council in relation to Northern Ireland.
(2) The Secretary of State may by order repeal—
(a) section 1(2)(c) (requirement to establish and maintain the Northern Ireland Postal Services Committee);
(b) section 2(1)(c) (functions which the Northern Ireland Postal Services Committee is authorised to exercise);
(c) section 3(2)(b) (Northern Ireland consumers of relevant postal services);
(d) section 16(1)(b)(investigations relating to public post offices in Northern Ireland);
(e) any other provision of this Part, so far as it extends to Northern Ireland.
(3) Before making an order under this section, the Secretary of State must consult—
(a) the Council, and
(b) such other persons as the Secretary of State considers appropriate.
In section 10 of the Financial Services and Markets Act 2000 (c. 8) (the Consumer Panel), after subsection (5) insert—
“(5A) The Secretary of State may direct the Authority 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 the Authority.
(5B) Only one person may, at any time, be a member of the Consumer Panel appointed in accordance with a direction under subsection (5A); but that does not prevent the Authority appointing as a member of the Consumer Panel any person who is also a member of the National Consumer Council.
(5C) A person appointed in accordance with a direction under subsection (5A) ceases to be a member of the Panel on ceasing to be a non-executive member of the National Consumer Council.”
Consumers, Estate Agents and Redress Act 2007