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The Consumers, Estate Agents and Redress Act 2007 (Commencement No. 2) Order 2007

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Statutory Instruments

2007 No. 3546 (C.154)

consumer protection

The Consumers, Estate Agents and Redress Act 2007 (Commencement No. 2) Order 2007

Made

17th December 2007

The Secretary of State makes the following Order in exercise of the power conferred by section 66(2) of the Consumers, Estate Agents and Redress Act 2007(1).

Citation

1.  This Order may be cited as the Consumers, Estate Agents and Redress Act 2007 (Commencement No. 2) Order 2007.

Interpretation

2.  In this Order “the Act” means the Consumers, Estate Agents and Redress Act 2007.

Commencement

3.  The provisions of the Act specified in the Schedule shall come into force on 21 December 2007.

Gareth Thomas

Parliamentary Under-Secretary of State for Trade and Consumer Affairs

Department for Business, Enterprise and Regulatory Reform

17th December 2007

Article 3

SCHEDULEPROVISIONS COMING INTO FORCE ON 21 DECEMBER 2007

ProvisionsSubject Matter of Provisions
Section 1(1), (2)(a) and (b), (3) and (4)Establishment of the National Consumer Council and its territorial committees
Section 2(1)(a) and (b) (in so far as they relate to sections 9 and 10(1)(a) and (2)) and (2)-(4)The territorial committees
Section 3Definitions of “consumer” and “consumer matters”
Section 4Definition of “designated consumers”
Section 6(1) and (3)-(10)General provision about functions
Section 9The research function
Section 10(1)(a) and (2)The information function
Section 20Duty to enter into co-operation arrangements
Section 22Voluntary activities
Section 23Supplementary powers etc
Section 30(4)(c) (for the purposes of section 39A of the Postal Services Act 2000(2)) and (d) (for the purposes of section 8 of the Utilities Act 2000(3))Definition of Council
Section 35Transfer of property etc
Section 36Directions
Section 39The Financial Services Consumer Panel
Section 40The OFCOM Consumer Panel
Section 41Interpretation of Part 1
Section 42Interpretation of Part 2
Section 43Standards for handling complaints
Section 44Requirements for making regulations under section 43
Section 46Supply of information to consumers
Section 47Membership of redress scheme
Section 48Membership of redress schemes: supplementary
Section 49Approval of redress schemes
Section 50Approval of redress schemes: supplementary
Section 51Procedure for refusing or withdrawing approval
Section 59Contracts concluded away from business premises
Section 63(1) (insofar as it relates to provisions in Schedule 7 brought into force on 21 December 2007 by this Order) and (2)-(5)Minor, consequential and transitional provisions
Section 64 insofar as it relates to provisions in Schedule 8 brought into force on 21 December 2007 by this OrderRepeals
Paragraphs 1-26, 28–31 and 33-38 of Schedule 1The National Consumer Council
Schedule 4Transfer of Property etc to Council
Paragraph 11 of Schedule 7Amendment to Taxation of Chargeable Gains Act 1992(4)
In Schedule 8, the entry relating to section 2 of the Postal Services Act 2000 (insofar as it relates to the words “(in this Act referred to as “the Council”)” in section 2(1) for the purposes of section 39A of that Act), and the entries relating to section 39 of the Postal Services Act 2000 and section 8 of the Utilities Act 2000Repeals

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force further provisions of the Consumers, Estate Agents and Redress Act 2007 as specified in the Schedule. The provisions in the Schedule relate to (a) the establishment of the National Consumer Council and the transfer of property etc to the Council, (b) standards for complaint handling in the gas, electricity and postal services sectors, (c) requirements relating to redress schemes and (d) the power of the Secretary of State to make regulations in relation to contracts concluded away from business premises. The Schedule comes into force on 21 December 2007.

The remaining provisions of the Consumers, Estate Agents and Redress Act 2007 will be brought into force by subsequent Orders.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

The following provisions of the Consumers, Estate Agents and Redress Act 2007 have been brought into force by the Consumers, Estate Agents and Redress Act 2007 (Commencement No. 1) Order 2007.

ProvisionsSubject Matter of Provisions
Section 53(1)Giving effect to Schedule 6
Schedule 6Amendments to the Estate Agents Act 1979 to make provision for redress schemes dealing with complaints about estate agents

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