Consumers, Estate Agents and Redress Act 2007

Alteration of the Council’s functions

37Extension of the Council’s functions: Great Britain

(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).

38Removal of the Council’s functions in relation to Northern Ireland

(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.