§ 54D.—(1) It shall be the duty of the Council to investigate any matter to which subsection (2) below applies and which is the subject of a representation (other than one appearing to the Council to be frivolous) made to the Council by or on behalf of a person appearing to the Council to have an interest in that matter.
§ (2) This subsection applies to—
- (a) any matter in respect of which any functions of the Director under this Part are or may be exercisable;
- (b) any matter which relates to telecommunication services provided or telecommunication apparatus supplied in the United Kingdom; and
- (c) any matter which relates to the supply of telecommunications and in respect of which any functions of the Director General of Fair Trading under the Fair Trading Act 1973 or the Competition Act 1980 are or may be exercisable.
§ (3) Where on an investigation under subsection (I) above any matter appears to the Council to be a matter falling within subsection (2) above in respect of which it would be appropriate for the Director General of Fair Trading to exercise any functions under this Part, the Council shall refer that matter to the Director with a view to his exercising those functions with respect to that matter.
§ (4) Where under an investigation under subsection (I) above any matter appears to the Council to be a matter falling within paragraph (a) of subsection (2) above the Council may prepare a written report on that matter and shall (subject to section 48 below) send a copy of any such report to—
- (a) any person to whom the report refers or who (whether or not he has made a representation to the Council) appears to the Council to have an interest in the matter to which the report relates;
- (b) the Director General of Fair Trading or any person whose functions under any enactment appear to the Council to be exercisable in relation to that matter;
- (c) any person who appears to the Council to be a person who ought to take account of the report in determining how to act in relation to that matter;
- (d) the Director.
§ (5) In reporting on a matter under subsection (4), the Council may recommend—
- that the matter be reconsidered by the telecommunications supplier concerned;
- that the Director consider exercising any of his functions under this Part.
§ (6) More than one recommendation may be included in a report under this section.
§ (7) Where the Council includes any recommendation in a report under this section, the report shall give the Council's reasons for making the recommendation.
§ (8) Where—
- (a) a report is sent to any telecommunications supplier under subsection (6) above; and
- (b) the report includes a recommendation directed to that supplier,
§ (9) Where a telecommunications supplier fails to comply (whether wholly or partly) with a recommendation under subsection (5) above the Council shall refer the matter to the Director.".'.
§
New clause 46—Telecommunications Act 1984 (Advisory Bodies)—
'Section 54 of the Telecommunications Act 1984 (power to establish advisory bodies) shall cease to have effect.'.
§
New clause 47—Telecommunications Act 1984 (Advisory Bodies) (No. 2 )—
'The advisory bodies established under the Telecommunications Act 1984 shall cease to have effect.'.
§ New clause 48—Water Industry Act 1991 (Customer Services Committee)—
§ '-. (1) Section 28 of the Water Industry Act 1991 (customer services committees) shall be amended as follows.
§ (2) In subsection (1) for the word "Director" in each place it occurs there shall be substituted the words "Secretary of State".
§ (3) In subsection (3) for "Director" there shall be substituted "Secretary of State".
§
(4) For subsection (4) there shall be substituted—
(4) A customer services committee shall consist of—
§ (5) In subsection (5) for the word "Director" in each place where it occurs there shall be substituted the words "Secretary of State ".'.
§
New clause—Water Industry Act 1991 (duties of customer services committees)—
'—(1) Section 29 of the Water Industry Act 1991 (duties of customer services committees) shall be amended as follows.
§
(2) The following paragraph shall be inserted after paragraph (c) of subsection (1)—
and
(d) to advise the Secretary of State or as the case may be, the Director on any such matter as the committee considers appropriate.".
§ (3) In subsection (2) the words "Subject to subsection (3) below," shall cease to have effect.
1122§ (4) In subsection (3) for "refer to the Director" there shall be substituted "investigate".
§ (5) Subsections (4) to (6) shall cease to have effect.
§ (6) The following subsections shall be inserted after subsection (3)—
§ "(3A) Where under an investigation of a complaint under this section any matter appears to the committee to be a matter falling under paragraphs (a) or (b) of subsection (3) above the committee may prepare a written report on that matter and shall (subject to section ( ) below) send a copy of any such report to—
- (a) any person to whom the report refers or who (whether or not he has made a representation to the committee) appears to the committee to have an interest in the matter to which the report relates;
- (b) the Director General of Fair Trading or any person whose functions under any enactment appear to the committee to be exercisable in relation to that matter;
- (c) any person who appears to the committee to be a person who ought to take account of the report in determining how to act in relation to that matter;
- (d) the Director.
§ (6B) In reporting on a matter under subsection (6A), the committee may recommend—
- (a) that the matter be reconsidered ;by the company concerned;
- (b) that the Director consider exercising any of his functions under this Part.
§ (6C) More than one recommendation may be included in a report under this section.
§ (6D) Where the committee includes any recommendation in a report under this section, the report shall give the committee's reasons for making the recommendation.
§ (6F) Where—
- (a) a report is sent to any company under subsection (6A) above; and
- (b) the report includes a recommendation directed to that company, the company shall have regard to it and notify the committee of the action which it has taken, or proposes to take, to comply with the recommendation.
§ (6G) Where a company fails to comply (whether wholly or partly) with a recommendation under subsection (6B) above the committee shall refer the matter to the Director.".'.
§
New clause 50—Water Act 1991 (Other functions of consumer services committees)—
'The following section shall be inserted in the Water Industry Act 1991, after section 29—