Consumers, Estate Agents and Redress Act 2007

Section 30

SCHEDULE 3Abolition of consumer bodies: transitional provision

Complaints and investigations functions of Gas and Electricity Consumer Council

1(1)This paragraph applies to—

(a)any complaint to which section 32(1) of the Gas Act 1986 (c. 44) applies which is referred to the Gas and Electricity Consumer Council before the appointed day;

(b)any matter under investigation by the Gas and Electricity Consumer Council under section 33 of that Act immediately before the appointed day.

(2)The functions of the Gas and Electricity Consumer Council under section 32 or 33 of the Gas Act 1986 are exercisable by the Council in relation to the complaint or matter, but as if in section 32(8) of that Act the reference to the Utilities Act 2000 (c. 27) or the Gas Act 1986 included a reference to this Act and to Part 9 of the Enterprise Act 2002 (c. 40).

(3)Sub-paragraph (2) applies—

(a)notwithstanding the repeal of sections 32 and 33 of the Gas Act 1986 by this Act, and

(b)whether or not the complaint is within section 11, 12 or 13, or the matter is within section 11.

(4)“The appointed day” is the day on which section 30(1) comes into force.

2(1)This paragraph applies to—

(a)any complaint to which section 46(1) of the Electricity Act 1989 (c. 29) applies which is referred to the Gas and Electricity Consumer Council before the appointed day;

(b)any matter under investigation by the Gas and Electricity Consumer Council under section 46A of that Act immediately before the appointed day.

(2)The functions of the Gas and Electricity Consumer Council under section 46 or 46A of the Electricity Act 1989 are exercisable by the Council in relation to the complaint or matter, but as if in section 46(8) of that Act the reference to the Utilities Act 2000 or the Electricity Act 1989 included a reference to this Act and Part 9 of the Enterprise Act 2002.

(3)Sub-paragraph (2) applies—

(a)notwithstanding the repeal of sections 46 and 46A of the Electricity Act 1989 by this Act, and

(b)whether or not the complaint is within section 11, 12 or 13, or the matter is within section 11.

(4)“The appointed day” is the day on which section 30(1) comes into force.

Annual reports of the Gas and Electricity Consumer Council

3(1)After the abolition of the Gas and Electricity Consumer Council under section 30(1), any duty of the Gas and Electricity Consumer Council to make an annual report, in relation to any financial year for which such a report has not been made, is to be discharged by the Council.

(2)The period between the abolition of the Gas and Electricity Consumer Council and the end of the preceding financial year (if less than 12 months) is to be treated as its financial year for which the last annual report is required.

(3)If that period is 9 months or longer the Council must make the last annual report as soon as practicable after the end of that period.

(4)If that period is shorter than 9 months the last annual report must be made no later than the first report of the Council under section 7.

(5)In this paragraph—

• “annual report” means a report required by paragraph 6 of Schedule 2 to the Utilities Act 2000 (c. 27);

• “financial year” means a year ending with 31 March.

Complaints and investigations functions of Consumer Council for Postal Services

4(1)This paragraph applies to any matter which, immediately before the appointed day, is under investigation by the Consumer Council for Postal Services under—

(a)section 56(1) of the Postal Services Act 2000 (c. 26) (complaints referred to the Consumer Council for Postal Services), or

(b)section 57 of that Act (power of that Council to investigate other matters).

(2)The functions of the Consumer Council for Postal Services under section 56 or 57 of the Postal Services Act 2000 are exercisable by the Council in relation to the matter, and any agreement between the Consumer Council for Postal Services and the Commission under section 56(3) of that Act has effect as if agreed between the Council and the Commission.

(3)Sub-paragraph (2) applies—

(a)notwithstanding the repeal of sections 56 and 57 of the Postal Services Act 2000 by this Act;

(b)whether or not the matter is within section 11 or 16.

(4)“The appointed day” is the day on which section 30(2) comes into force.

Annual reports of the Consumer Council for Postal Services

5(1)After the abolition of the Consumer Council for Postal Services under section 30(2), any duty of the Consumer Council for Postal Services to make an annual report, in relation to any financial year for which such a report has not been made, is to be discharged by the Council.

(2)The period between the abolition of the Consumer Council for Postal Services and the end of the preceding financial year (if less than 12 months) is to be treated as the financial year for which the last annual report is required.

(3)If that period is 9 months or longer the Council must make the last annual report as soon as practicable after the end of that period.

(4)If that period is shorter than 9 months the last annual report must be made no later than the first report of the Council under section 7.

(5)In this paragraph—

• “annual report” means a report required by section 55(1) of the Postal Services Act 2000 (c. 26);

• “financial year” means a year ending with 31 March.