Consumers, Estate Agents and Redress Act 2007 (c. 17)

(The document as of February, 2008)

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8 If the OFT decides to refuse an application for approval, it must give the applicant a notice stating--

(a) the OFT's decision to refuse the application; and

(b) the reasons for the decision.

Notification of changes to an approved scheme

9 The scheme administrator of a redress scheme which is approved by the OFT must notify the OFT of any change to the scheme before the end of the period of 14 days beginning with the day on which the change is made.

Withdrawal of approval by the OFT

10 The OFT may withdraw approval of a redress scheme which is for the time being approved by it.

11 Before withdrawing approval of a scheme, the OFT must give the scheme administrator a notice stating--

(a) that it proposes to withdraw its approval;

(b) the grounds for the proposed withdrawal of approval; and

(c) that representations about the proposed withdrawal may be made within such period of not less than 30 days as is specified in the notice.

12 The OFT must give the scheme administrator a notice stating--

(a) its decision on a proposal to withdraw approval; and

(b) the reasons for its decision.

13 If the OFT decides to withdraw approval of a scheme--

(a) the withdrawal has effect from such date as may be specified in the notice under paragraph 12;

(b) the scheme administrator must give a copy of the notice under paragraph 12 to every member of the scheme.

Revocation of designation by the Secretary of State

14 If the Secretary of State decides to revoke his designation of a scheme for the purposes of section 23A, he must give every member of the scheme a notice stating--

(a) that he has decided to revoke the designation;

(b) the reasons for his decision; and

Defamation proceedings

15 For the purposes of the law relating to defamation, proceedings under an approved redress scheme in relation to the investigation and determination of a complaint are to be treated in the same way as proceedings before a court.

Interpretation

16 In this Schedule--

"redress scheme" has the meaning given in section 23A(8)(a);
"approved redress scheme" has the meaning given in section 23A(8)(b);
"buyer", in relation to residential property, has the meaning given in section 23A(8)(e);
"complaint" has the meaning given in section 23A(8)(c);
"ombudsman" means the independent person mentioned in section 23A(8)(a);
"residential property" has the meaning given in section 23C;
"scheme administrator", in relation to a redress scheme, means the person who administers the scheme;
"seller", in relation to residential property, has the meaning given by section 23A(8)(d). "

4 After Schedule 3 (as inserted by paragraph 3) insert--

Section 23B(3)

" SCHEDULE 4 Penalty notices under section 23B(1)

1 A penalty charge notice given to a person under section 23B(1) by a duly authorised officer of an enforcement authority other than the OFT must--

(a) state the officer's belief that that person has committed a breach of the duty imposed by an order under section 23A(1);

(b) give such other particulars of the circumstances as may be necessary to give reasonable notice of the breach of duty;

(i) to pay a penalty charge specified in the notice; or

(ii) to give notice to the enforcement authority that he wishes to review the notice;

(d) state the effect of paragraph 8;

(e) specify the person to whom and the address at which the penalty charge may be paid and the method or methods by which payment may be made; and

(f) specify the person to whom and the address at which a notice requesting a review may be sent (and to which any representations relating to the review may be addressed).

2 The penalty charge specified in the notice shall be of such amount (not exceeding £1,000) as may be prescribed for the time being by regulations made by the Secretary of State.

3 (1) The period specified under paragraph 1(c) must not be less than 28 days beginning with the day after that on which the penalty charge notice was given.

(2) The enforcement authority may extend the period for complying with the requirement mentioned in paragraph 1(c) in any particular case if they consider it appropriate to do so.

4 The enforcement authority may, if they consider that the penalty charge notice ought not to have been given, give the recipient a notice withdrawing the penalty charge notice.

5 (1) If, within the period specified under paragraph 1(c) (or that period as extended under paragraph 3(2)), the recipient of the penalty charge notice gives notice to the enforcement authority requesting a review, the authority shall--

(a) consider any representations made by the recipient and all other circumstances of the case;

(b) decide whether to confirm or withdraw the notice; and

(2) A notice under sub-paragraph (1)(c) confirming the penalty charge notice must also state the effect of paragraphs 6(1) to (3) and 8(1) and (3).

(3) If the authority are not satisfied--

(a) that the recipient committed the breach of duty specified in the notice;

(b) that the notice was given within the time allowed by section 23B(2) and complies with the other requirements imposed by or under this Schedule; and

they shall withdraw the penalty charge notice.

6 (1) If after a review the penalty charge notice is confirmed by the enforcement authority, the recipient may, within the period of 28 days beginning with the day after that on which the notice under paragraph 5(1)(c) is given, appeal to a county court or, in Scotland, to the sheriff against the penalty charge notice.

(2) The county court or the sheriff may extend the period for appealing against the notice.

(3) Such an appeal must be on one (or more) of the following grounds--

(a) that the recipient did not commit the breach of duty specified in the penalty charge notice;

(b) that the notice was not given within the time allowed by section 23B(2) or does not comply with any other requirement imposed by or under this Schedule; or

(4) An appeal against a penalty charge notice shall be by way of a rehearing; and the county court or sheriff shall either uphold the notice or quash it.

7 If the penalty charge notice is withdrawn or quashed, the authority shall repay any amount previously paid as a penalty charge in pursuance of the notice.

8 (1) The amount of the penalty charge is recoverable from the recipient of the penalty charge notice as a debt owed to the authority unless--

(a) the notice has been withdrawn or quashed; or

(b) the charge has been paid.

(2) Proceedings for the recovery of the penalty charge may not be commenced before the end of the period mentioned in paragraph 5(1).

(3) And if within that period the recipient of the penalty charge notice gives notice to the authority that he wishes the authority to review the penalty charge notice, such proceedings may not be commenced--

(a) before the end of the period mentioned in paragraph 6(1); and

(b) where the recipient appeals against the penalty charge notice, before the end of the period of 28 days beginning with the day on which the appeal is withdrawn or determined.

9 In proceedings for the recovery of the penalty charge, a certificate which--

(a) purports to be signed by or on behalf of the person having responsibility for the financial affairs of the enforcement authority; and

(b) states that payment of the penalty charge was or was not received by a date specified in the certificate;

is evidence of the facts stated.

10 Section 29 (service of notices etc.) applies in relation to--

(a) any penalty charge notice which is to be given under section 23B(1) by a duly authorised officer of an enforcement authority other than the OFT; and

(b) any notice which is to be given under paragraph 5(1)(c) of this Schedule by such an enforcement authority;

as it applies in relation to any notice which under this Act is to be given to any person by the OFT.

11 The Secretary of State may by regulations make provision supplementary or incidental to the provisions of this Schedule, including in particular provision prescribing--

(a) the form of penalty charge notices or of any other notice mentioned in this Schedule;

(b) circumstances in which penalty charge notices may not be given;

12 Any power to make regulations under this Schedule shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament. "

Section 63

SCHEDULE 7 Minor and consequential amendments

Estate Agents Act 1979 (c. 38)

1 In section 3 of the Estate Agents Act 1979 (prohibition orders), in subsection (3) for "paragraphs (c) and (d)" substitute "paragraphs (ba) to (d)".

2 In section 6 of that Act (revocation and variation of orders)--

(a) in subsection (4) in paragraph (b), for the words from "again fail to comply" to the end of the paragraph substitute "engage in further conduct as mentioned in subsection (1A)(b) or (1B)(b) of that section or engage again in the practice specified in the order, as the case may be."; and

(b) omit subsection (7).

3 In section 30(2) of that Act (orders and regulations to which duty to consult applies), after "19" insert ", 21A".

Gas Act 1986 (c. 44)

4 The Gas Act 1986 is amended as follows.

5 In section 4AB (guidance on social and environmental matters), for subsection (3)(b) substitute--

" (b) the Council; " .

6 In section 28 (orders for securing compliance with certain provisions), in subsection (6) for first "and" substitute "or".

Electricity Act 1989 (c. 29)

7 The Electricity Act 1989 is amended as follows.

8 In section 3B (guidance on social and environmental matters), for subsection (3)(b) substitute--

" (b) the Council; " .

9 In section 25 (orders for securing compliance), in subsection (6) for first "and" substitute "or".

Water Industry Act 1991 (c. 56)

10 In Schedule 15 to the Water Industry Act 1991 (disclosure of information)--

(a) in Part 1 (persons in respect of whose functions disclosure may be made), at the end insert--

" The National Consumer Council. " , and

(b) in Part 2 (enactments etc in respect of which disclosure may be made), after the entry for the Railways Act 2005 insert--

" The Consumers, Estate Agents and Redress Act 2007. "

Taxation of Chargeable Gains Act 1992 (c. 12)

11 In section 35(3)(d) of the Taxation of Chargeable Gains Act 1992 (no gain no loss disposals), after sub-paragraph (xvi) insert--

" (xvii) paragraph 9 of Schedule 4 to the Consumers, Estate Agents and Redress Act 2007. "

Postal Services Act 2000 (c. 26)

12 The Postal Services Act 2000 is amended as follows.

13 In section 44 (review and information), in subsection (5) for "section 58(1)" substitute "section 24(1) of the Consumers, Estate Agents and Redress Act 2007".

14 In section 61 (forward work programme)--

(a) in subsection (1) omit--

(i) "and the Council", and

(ii) "each" (in the second place),

(b) in subsection (2)(b) omit "or the Council",

(d) in subsection (5)--

(i) in paragraph (a) omit "or (as the case may be) the Commission", and

(ii) in paragraph (b) omit "or (as the case may be) the Council".

15 In section 126 (index of defined expressions), in the entry for "The Council", in the second column for "Section 2(1)" substitute "Section 125(1)".

16 (1) Schedule 7 (disclosure of information) is amended as follows.

(2) In paragraph 1, after sub-paragraph (1)(b) insert " , and

(c) it is not information within section 29(3) of the Consumers, Estate Agents and Redress Act 2007 (application of disclosure regime in Part 9 of the Enterprise Act 2002 to information obtained by the Council). "

(3) In paragraph 3--

(a) for sub-paragraph (2)(u) substitute--

" (u) the National Consumer Council. " , and

(b) at the end of sub-paragraph (3) of that paragraph insert--

" (rr) the Consumers, Estate Agents and Redress Act 2007. "

(4) In paragraph 5(1)--

(a) after paragraph (b) insert "or", and

(b) omit paragraph (d) and the "or" immediately preceding it.

17 In Schedule 8 (amendments of enactments), in paragraph 10 for "that Schedule to that Act" substitute "Schedule 2 to the Parliamentary Commissioner Act 1967".

Utilities Act 2000 (c. 27)

18 The Utilities Act 2000 is amended as follows.

19 In section 4 (forward work programmes)--

(a) in subsection (1) omit--

(i) "and the Council", and

(ii) "each" (in the second place),

(b) in subsection (3) omit "or the Council",

(d) in subsection (5) omit "or the Council", and

(e) omit subsection (7).

20 In section 105 (general restrictions on disclosure of information)--

(a) in subsection (5) omit "and" immediately preceding paragraph (l) and after that paragraph insert " , and

(m) the National Consumer Council. " ,

(b) in subsection (6), at the end insert--

" (v) the Consumers, Estate Agents and Redress Act 2007. " ,

(i) in paragraph (a) "33DA or", and "42AA or", and

(ii) in paragraph (c) ", the Council", and

(d) after subsection (11) insert--

" (11A) Nothing in this section applies to information within section 29(3) of the Consumers, Estate Agents and Redress Act 2007 (application of disclosure regime in Part 9 of the Enterprise Act 2002 to information obtained by the Council). "

Warm Homes and Energy Conservation Act 2000 (c. 31)

21 In section 2 (strategy relating to fuel poverty) in subsection (4)(c) for "Gas and Electricity Consumer Council" substitute "National Consumer Council".

Criminal Justice and Police Act 2001 (c. 16)

22 In the Criminal Justice and Police Act 2001 --

(a) in section 66 (general interpretation of Part 2), in subsection (4)(e) for "section 11(1) of the Estate Agents Act 1979" substitute "section 11(1) to (1C) of the Estate Agents Act 1979", and

(b) in Part 1 of Schedule 1 (powers of seizure to which section 50 applies), in paragraph 24 for "section 11(1)(c) of the Estate Agents Act 1979" substitute "section 11(1B) of the Estate Agents Act 1979".

Housing Act 2004 (c. 34)

23 (1) The Housing Act 2004 is amended as follows.

(2) In section 166 (enforcement authorities), in subsection (2) for the words from "to enforce" to the end of the subsection substitute "to enforce the duties under sections 155 to 159 and 167(4) in their area."

(3) In section 168 (penalty charge notices), in subsection (1) for the words from "a breach of" to the end of the subsection substitute "a breach of any duty under sections 155 to 159 and 167(4), give a penalty charge notice to that person."

Section 64

SCHEDULE 8 Repeals

Short title and chapter	Extent of repeal
Public Records Act 1958 (c. 51)	In Schedule 1, in the Table at the end of paragraph 3, the entries relating to the Consumer Council for Postal Services and the Gas and Electricity Consumer Council.
Parliamentary Commissioner Act 1967 (c. 13)	In Schedule 2 the entries relating to the Consumer Council for Postal Services, the Gas and Electricity Consumer Council and the National Consumer Council.
House of Commons Disqualification Act 1975 (c. 24)	In Schedule 1-- (a) in Part 2 the entries relating to the Consumer Council for Postal Services and the Gas and Electricity Consumer Council, and (b) in Part 3 the entries relating to the Chairman and Deputy Chairman of the National Consumer Council.
Race Relations Act 1976 (c. 74)	In Schedule 1A, in Part 2, the entries for the Consumer Council for Postal Services ("Postwatch"), the Gas and Electricity Consumer Council (Energywatch) and the National Consumer Council.
Estate Agents Act 1979 (c. 38)	Section 5(4). Section 6(7). Section 9(4)(a). Section 27(1)(b).
Gas Act 1986 (c. 44)	Sections 32 and 33.
Electricity Act 1989 (c. 29)	Sections 46 and 46A.
Postal Services Act 2000 (c. 26)	Section 2. In section 39 "or of the Secretary of State in relation to the establishment of the Council". Sections 51 to 59. In section 61-- (a) in subsection (1) "and the Council" and "each" (in the second place), (b) in subsection (2)(b) "or the Council", (c) in subsection (3) "or the Council", (d) in subsection (5)(a) "or (as the case may be) the Commission", and (e) in subsection (5)(b) "or (as the case may be) the Council". Schedule 2. In Schedule 7, paragraph 5(1)(d) and the "or" immediately preceding it. In Schedule 8, paragraphs 9 and 14(2).
Utilities Act 2000 (c. 27)	Section 2. Section 3(6). In section 4-- (a) in subsection (1) "and the Council" and "each" (in the second place), (b) in subsection (3) "or the Council", (c) in subsection (4) "or the Council", (d) in subsection (5) "or the Council", and (e) subsection (7). In section 8-- (a) subsection (3)(b) and the "and" immediately preceding it, and (b) subsection (7). Sections 17, 18(1) to (4) and (7), 19, 20(1) to (4), 21 to 27. In section 105-- (a) in subsection (5) "and" immediately preceding paragraph (l), (b) in subsection (8)(a) "33DA or" and "42AA or", and (c) in subsection (8)(c) ", the Council". Schedule 2. In Schedule 6, paragraphs 12(f) (and the "and" immediately preceding it), 22(b), 40(b) and 42. In Schedule 7-- (a) paragraphs 24 and 25, (b) in paragraph 26(1), "or the Council", (c) paragraphs 28 and 30, (d) paragraphs 31 and 32.
Freedom of Information Act 2000 (c. 36)	In Schedule 1, in Part 6, the entries for the Consumer Council for Postal Services, the Gas and Electricity Consumer Council and the National Consumer Council.
Warm Homes and Energy Conservation Act 2000 (c. 31)	Section 2(9).
Enterprise Act 2002 (c. 40)	In Schedule 25, paragraphs 15(7), 20(8) and 42(6).
Energy Act 2004 (c. 20)	Section 179(3)(b) and (e).
Housing Act 2004 (c. 34)	Sections 172 to 174.

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