Office of Public Sector Information
SCHEDULE 1 continued PART 6 continued
34 (1) In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (c. 24) (bodies of which all members are disqualified) at the appropriate place insert—
“The National Consumer Council.”
(2) In Part 3 of that Schedule (other disqualifying offices) at the appropriate place insert—
“A member of a committee of the National Consumer Council established under section 1 of, or paragraph 12 of Schedule 1 to, the Consumers, Estate Agents and Redress Act 2007 (territorial and regional committees).”
(3) In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (c. 25) (bodies of which all members are disqualified) at the appropriate place insert—
“The National Consumer Council.”
(4) In Part 3 of that Schedule (other disqualifying offices) at the appropriate place insert—
“A member of a committee of the National Consumer Council established under section 1 of, or paragraph 12 of Schedule 1 to, the Consumers, Estate Agents and Redress Act 2007 (territorial and regional committees).”
35 In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (c. 36) (other public bodies and offices which are public authorities) at the appropriate place insert—
“The National Consumer Council.”
36 (1) In Schedule 1 to the Public Records Act 1958 (c. 51) (definition of public records) at the appropriate place in Part 2 of the Table at the end of paragraph 3 insert—
“The National Consumer Council.”
(2) The records of the Council are to include—
(a) on and after commencement of section 30(1), the records of the Gas and Electricity Consumer Council, and
(b) on and after commencement of section 30(2), the records of the Consumer Council for Postal Services,
and those records are to be dealt with accordingly under the Public Records Act 1958.
37 In Schedule 2 to the Parliamentary Commissioner Act 1967 (c. 13) (departments and authorities subject to investigation) at the appropriate place insert—
“The National Consumer Council.”
38 (1) This paragraph applies to—
(a) the Council;
(b) a member of the Council;
(c) a member of any territorial committee, regional committee or other committee or sub-committee of the Council;
(d) the Chief Executive or any other member of the Council’s staff.
(2) A person to whom this paragraph applies is not liable in damages for anything done or omitted in the exercise or purported exercise of the functions of the Council conferred by or by virtue of this or any other enactment.
(3) But sub-paragraph (2) 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 (c. 42).
(4) In this paragraph “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.
Section 25
1 In section 28 of the Gas Act 1986 (orders for securing compliance with certain provisions), in subsection (8), in the definition of “relevant requirement” for “or section 27(4)(b) of the Utilities Act 2000 (order to comply with a direction under section 24 of that Act)” substitute “or section 25(5) of the Consumers, Estate Agents and Redress Act 2007 (directions to comply with requirements under section 24 of that Act)”.
2 In section 25 of the Electricity Act 1989 (orders for securing compliance), in subsection (8), in the definition of “relevant requirement” for “or section 27(4)(b) of the Utilities Act 2000 (order to comply with a direction under section 24 of that Act)” substitute “or section 25(5) of the Consumers, Estate Agents and Redress Act 2007 (directions to comply with requirements under section 24 of that Act)”.
3 (1) The Postal Services Act 2000 is amended as follows.
(2) In section 22 (final orders)—
(a) in subsection (1)—
(i) in paragraph (a) for “any condition of his licence” substitute “any relevant requirement”,
(ii) in paragraph (b) for “condition” substitute “requirement”, and
(iii) for “the condition” substitute “the requirement”, and
(b) for subsection (5) substitute—
“(5) In this Act—
“final order” means an order under this section;
“relevant requirement”, in relation to a licence holder, means—
a condition of the licence holder’s licence, or
an obligation imposed on the licence holder by virtue of section 25(5) of the Consumers, Estate Agents and Redress Act 2007 (directions to comply with requirements to provide information under section 24 of that Act).”
(3) In section 23 (provisional orders)—
(a) in subsection (1)—
(i) in paragraph (a), for “any condition of his licence or is likely to contravene any such condition” substitute “any relevant requirement or is likely to contravene any such requirement”, and
(ii) for “the licence condition” substitute “the relevant requirement”,
(b) for subsection (2)(a) substitute—
“(a) that the licence holder is contravening any relevant requirement or is likely to contravene any such requirement, and”, and
(c) in subsection (3) for “licence condition” substitute “relevant requirement”.
(4) In section 24 (confirmation of provisional orders), in subsection (1)—
(a) for paragraph (a) substitute—
“(a) it is satisfied that the licence holder is contravening any relevant requirement or is likely to contravene any such requirement, and”, and
(b) in paragraph (b) for “condition” substitute “requirement”.
(5) In section 25 (exceptions from duty to make or confirm enforcement orders), in paragraph (b) for “condition” substitute “relevant requirement”.
(6) In section 26 (enforcement orders: main procedural requirements), in subsection (2)—
(a) in paragraph (c) for “condition” substitute “relevant requirement”, and
(b) in paragraph (d) for “condition” substitute “relevant requirement”.
(7) In section 30 (financial penalties)—
(a) in subsection (1)—
(i) in paragraph (a) for “condition of his licence” substitute “relevant requirement”, and
(ii) in paragraph (b) for “condition” substitute “requirement”, and
(b) in subsection (3) for “condition” substitute “relevant requirement”.
(8) In section 32 (imposition of financial penalties: main procedural requirements)—
(a) in subsection (2)(c), for “condition” substitute “relevant requirement”, and
(b) in subsection (4)(c), for “condition” substitute “relevant requirement”.
(9) In section 34 (time-limit on the imposition of penalties)—
(a) in subsection (1) for “licence condition” substitute “relevant requirement”, and
(b) in subsection (2) for “licence condition” substitute “relevant requirement”.
(10) In section 126 (index of defined expressions) at the appropriate place in the table insert—
| “Relevant requirement | Section 22(5)” |
Consumers, Estate Agents and Redress Act 2007