# The Consumers, Estate Agents and Redress Act 2007 (Commencement No. 5 and Savings and Transitional Provisions) Order 2008

S.I. 2008/2550 · made 26 September 2008

This Order brings into force on 1st October 2008 (subject to the savings and transitional provisions in Article 3) further provisions of the Consumers, Estate Agents and Redress Act 2007 (“the Act”) as specified in the Schedule to this Order (Article 2). The provisions relate to the National Consumer Council established by the Act, complaints handling and redress schemes (including repeal of the provisions in the Housing Act 2004 relating to redress schemes dealing with complaints about the activities of estate agents in relation to home information packs), minor and consequential amendments and repeals.

Made under: Consumers, Estate Agents and Redress Act 2007 (Section 60, Section 66)

PDFs: Printed copy https://openlegislation.uk/consumers-estate-agents-and-redress-act-2007-commencement-no-5-and-savings-and-transitional-provisions-order-2008/pdf/uksi_20082550_en.pdf

## Introductory text

Consumer Protection
Made 26th September 2008
The Secretary of State makes the following Order in exercise of the powers conferred by sections 60(3) and 66(2) of the Consumers, Estate Agents and Redress Act 2007

## 1 Citation and interpretation

(1) This Order may be cited as the Consumers, Estate Agents and Redress Act 2007 (Commencement No. 5 and Savings and Transitional Provisions) Order 2008.
(2) In this Order “the Act” means the Consumers, Estate Agents and Redress Act 2007.

## 2 Commencement

Subject to article 3, the provisions of the Act specified in the Schedule shall come into force on 1st October 2008.

## 3 Savings and transitional provisions

(1) Nothing in the coming into force of the repeal of paragraph 8 of Schedule 2 to the Utilities Act 2000 by Schedule 8 to the Act shall affect the duties contained in that provision relating to the statement of accounts in respect of the financial year commencing on 1st April 2007.
(2) Nothing in the coming into force of the repeals of paragraph 16 of Schedule 2 to the Postal Services Act 2000 and paragraph 8 of Schedule 2 to the Utilities Act 2000 by Schedule 8 to the Act shall affect the duties contained in those provisions relating to the statements of accounts in respect of the financial year commencing on 1st April 2008, but those provisions shall have effect so as to require the statements to be prepared by the National Consumer Council and sent by it to the Secretary of State and to the Comptroller and Auditor General.
(3) For the purposes of paragraph (2), the financial year commencing on 1st April 2008 is to be treated as ending on 30th September 2008.

## Signature

Gareth Thomas
Parliamentary Under-Secretary of State for Trade and Consumer Affairs
Department for Business, Enterprise and Regulatory Reform
26th September 2008

## PROVISIONS COMING INTO FORCE ON 1ST OCTOBER 2008

Provision
Subject Matter of Provision
Section 1, in so far as it is not already in force
Establishment of Northern Ireland Postal Services Committee
Section 2, in so far as it is not already in force
The territorial committees
Section 6, in so far as it is not already in force
Duty to have regard to forward work programme
Section 7
Annual report
Section 8
The representative function
Section 10, in so far as it is not already in force
The information function
Section 11
General powers of investigation
Section 12
Investigation of complaints made by vulnerable designated consumers
Section 13
Investigation of complaints relating to disconnection of gas or electricity
Section 14
Reference of matters to the Gas and Electricity Markets Authority
Section 15
Reference of matters to the Postal Services Commission
Section 16
Investigations relating to public post offices
Section 17
Reports by the Council
Section 18
Secretary of State’s power to require reports
Section 19
Advice, information and guidance
Section 21
Power to co-operate and give assistance
Section 24
Provision of information to the Council
Section 25
Enforcement by regulator of section 24 notice
Section 26
Enforcement by court of section 24 notice
Section 27
Provision of information by the Council
Section 28
Exemptions from requirements to provide information
Section 29
Disclosure of information
Section 30, in so far as it is not already in force
Abolition of “Energywatch” and “Postwatch”
Section 31
Designation of the Consumer Council for Water for abolition
Section 32
Transfer orders and abolition orders
Section 33
Supplementary provision about transfer and abolition orders
Section 34
Compensation for loss of office
Section 37
Extension of the Council’s functions: Great Britain
Section 38
Removal of the Council’s functions in relation to Northern Ireland
Section 45
Information with respect to compliance with complaints handling standards
Section 52
Enforcement of requirements imposed under Part 2
Section 53, in so far as it is not otherwise in force on 1st October 2008
Repeal of sections 172-174 of the Housing Act 2004
Section 63(1), in so far as it relates to provisions in Schedule 7 brought into force by this Order
Minor and consequential amendments
Section 64, in so far as it is not otherwise in force on 1st October 2008
Repeals
Schedule 1, in so far as it is not already in force
The Council’s offices
Schedule 2
Enforcement of information requirements
Schedule 3
Abolition of consumer bodies: transitional provision
Schedule 5
Information relating to compliance with complaints handling standards
Paragraphs 4-10 and 12-23 of Schedule 7
Minor and consequential amendments
Schedule 8, in so far as it is not otherwise in force on 1st October 2008
Repeals

## Explanatory note

(This note is not part of the Order)
This Order brings into force on 1st October 2008 (subject to the savings and transitional provisions in Article 3) further provisions of the Consumers, Estate Agents and Redress Act 2007 (“the Act”) as specified in the Schedule to this Order (Article 2). The provisions relate to the National Consumer Council established by the Act, complaints handling and redress schemes (including repeal of the provisions in the Housing Act 2004 relating to redress schemes dealing with complaints about the activities of estate agents in relation to home information packs), minor and consequential amendments and repeals.
Article 3 contains savings and transitional provisions to preserve after 1st October 2008 the statutory duties relating to the statements of accounts of the Gas and Electricity Consumer Council (“Energywatch”) and the Consumer Council for Postal Services (“Postwatch”) in respect of the financial years commencing, in the case of Energywatch, on 1st April 2007 and 1st April 2008, and, in the case of Postwatch, on 1st April 2008, notwithstanding the repeal on 1st October 2008 of the provisions containing those duties. However, in respect of the financial year commencing on 1st April 2008, the duties to prepare statements of accounts, and to send them to the Secretary of State and the Comptroller and Auditor General, are transferred to the National Consumer Council, and that financial year is to be treated as ending immediately before the abolition of Energywatch and Postwatch.
The remaining provisions of the Act will be brought into force by subsequent orders.

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Source: https://www.legislation.gov.uk/uksi/2008/2550 (the official version)
Page: https://openlegislation.uk/consumers-estate-agents-and-redress-act-2007-commencement-no-5-and-savings-and-transitional-provisions-order-2008
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

