Consumers, Estate Agents and Redress Act 2007

Part 6Status etc

Status

33(1)The Council is not to be regarded—

(a)as the servant or agent of the Crown, or

(b)as enjoying any status, immunity or privilege of the Crown.

(2)Accordingly, the Council’s property is not to be regarded as property of or held on behalf of the Crown.

Disqualification

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).”

Freedom of information

35In 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.”

Public records

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.

Parliamentary Commissioner Act 1967

37In 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.”

Exemption from liability in damages

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.