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Consumers, Estate Agents and Redress Act 2007

Status:

This is the original version (as it was originally enacted).

35Transfer of property etc

This section has no associated Explanatory Notes

(1)This section applies to—

(a)the Consumer Council for Postal Services;

(b)the Gas and Electricity Consumer Council;

(c)if a transfer order has been made under section 32 (whether or not it has taken effect), the Consumer Council for Water;

(d)the company called the National Consumer Council (a company limited by guarantee and registered under the Companies Acts).

(2)The Secretary of State may direct a body to which this section applies—

(a)to make a scheme or schemes for the transfer of its property, rights and liabilities to the Council;

(b)to transfer such property, rights or obligations as are specified in the direction to a person (other than the Council) so specified (“the specified transferee”).

(3)Before giving, varying or revoking a direction under subsection (2), the Secretary of State must consult—

(a)the body to which the direction is to be or has been given,

(b)the Council, and

(c)in the case of a direction under subsection (2)(b), the specified transferee.

(4)A body given a direction under subsection (2)(a) must consult the Council before making a transfer scheme.

(5)A transfer scheme made pursuant to a direction under subsection (2)(a) has effect—

(a)only if approved by the Secretary of State, and

(b)subject to any modifications made by the Secretary of State.

(6)Before making any modifications the Secretary of State must consult the body to which the direction was given.

(7)The Secretary of State may make a scheme or schemes for the transfer to the Council of the property, rights and liabilities of a body to which this section applies.

(8)Schedule 4 makes further provision about transfer schemes.

(9)In this section “transfer scheme” means a scheme made under or by virtue of subsection (2)(a) or (7).

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