Explanatory Notes

Consumers, Estate Agents and Redress Act 2007

2007 CHAPTER 17

19th July 2007

Territorial Extent and Territorial Application

Northern Ireland

Part 2: Complaints Handling and Redress Schemes
Overview of Part 2
Section 52: Enforcement of requirements imposed under Part 2

145.Section 52 makes provision in relation to the enforcement of complaint handling standards prescribed by a regulator under Part 2 of the Act and in relation to any requirement to belong to a redress scheme which has been imposed by the Secretary of State by order under Part 2. These requirements will be enforced under the regulatory regimes in the electricity, gas, postal services and water sectors (where appropriate).

146.Subsections (1) to (4) make amendments to the relevant legislation to provide for this. The effect of the enforcement provisions is that the relevant regulator may impose an order to secure compliance with the above requirements. The service provider is obliged to comply with such an order and breach of the order can be enforced in the civil courts. Breach of such an order may also render the service provider liable to pay damages to any person who has suffered loss as the result of that breach. In addition to the above, sectoral legislation permits the regulator to impose a financial penalty for breach of the above requirements.