§ 2. (1) There shall be a body corporate to be known as the Electricity Consumers' Council (in this Part referred to as 'the Council') for the purpose of performing the functions assigned to it by this Part.
§ (2) The Council shall consist of a chairman and such other members as the Secretary of State may from time to time appoint.
§ (3) In appointing members for the Council, the Secretary of State shall so far as practicable, ensure—
- (a) that the members of the Council include members who, by reason of their familiarity with the special requirements and circumstances of the different areas of Great Britain or of small businesses, are able together to represent the interests of consumers of electricity supplied to premises in all those areas and such businesses; and
- (b) that the interests of consumers of electricity supplied to premises in different areas are represented by different members wherever that appears to the Secretary of State to be appropriate having regard to the manner in which the various parts of the electricity supply industry in Great Britain organise themselves.
§ (4) In appointing members of the Council, the Secretary of State shall have regard to the desirability of appointing persons who have experience in or knowledge of activities connected with the supply of electricity to premises.
§ (5) A member of the Council shall hold and vacate office in accordance with the terms of the instrument appointing him and shall, on ceasing to hold office, be eligible for re-appointment.
§ (6) The provisions of Schedule X to this Act shall effect with respect to the Council.".'.
§ New Clause 31—Electricity Act 1989 (information by Director)—
§ 'The following section shall be inserted in the Electricity Act 1989, after section 42
§ "42A. The Director shall give information collected by or furnished to him under section 42 above to the Council, with a view to facilitating the exercise of the Council's functions under this Part.".'.
§ New clause 32—Electricity Act 1989 (investigation of enforcement matters)—
§ 'For section 45 of the Electricity Act 1989 (investigation of enforcement matters) there shall be inserted—
§ "45.—(1) It shall be the duty of the Director to investigate any matter which appears to him to be an enforcement matter and which—
- (a) is the subject of a representation (other than one appearing to the Director to be frivolous) made to the Director by or on behalf of a person appearing to the Director to have an interest in that matter; or
- (b) is referred to him by the Council under subsection ( ) of section 46 below.
§ (2) in this section and section 46 below "enforcement matter" means any matter in respect of which any functions of the Director under section 25 above are or may be exercisable.".'.
§
New Clause 33—Electricity Act 1989 (investigation of certain matters)—
'For section 46 of the Electricity Act 1989 (investigation of certain other matters) there shall be substituted—
§ "46.—(1) It shall be the duty of the Council to investigate any matter which to which subsection (2) below applies and which—
- (a) 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; or
- (b) is referred to it by the Director under subsection (11) below.
§ (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 (other than an enforcement matter) which relates to the supply of electricity to premises. and
- (c) any matter which relates to the supply of electricity 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) Subject to subsection (4) below, it shall be the duty of the Director to refer to the Council any matter which appears to the Director to be a matter (other than an enforcement matter) falling within paragraph (b) of subsection (2) above and which is the subject of a representation (other than one appearing to the Director to be frivolous) made to the Director by or on behalf of a person appearing to the Director to have an interest in that matter.
§ (4) Nothing in subsection (3) above shall require the Director to refer to the Council any matter in respect of which he is already considering exercising functions under this Part.
§ (5) Where on an investigation under subsection (1) 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.
§ (6) Where under an investigation under subsection (1) above any matter appears to the Council to be an enforcement matter the Council may prepare a written report on that matter and shall (subject to section 57 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;
- 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.
§ (7) In reporting on a matter under subsection (6), the Council may recommend—
- (a) that the matter be reconsidered by the electricity supplier concerned;
- (b) that the Director consider exercising any of his functions under this Part.
§ (8) More than one recommendation may be included in a report under this section.
1118§ (9) Where the Council includes any recommendation in a report under this section, the report shall give the Council's reasons for making the recommendation.
§ (10) Where—
- (a) a report is sent to any electricity supplier under subsection (6) above; and
- (b) the report includes a recommendation directed to that supplier,
§ (11) Where an electricity supplier fails to comply (whether wholly or partly) with a recommendation under subsection (7) above the Council shall refer the matter to the Director.".'.
§
New clause 34—Electricity Act 1989 (functions of director)—
'In section 47 of the Electricity Act 1989 (general functions of Director) subsection (4) shall cease to have effect.'.
§ New clause 35—Electricity Act 1984 (duty of consumers' council to advise Director)—
§ 'For section 51 of the Electricity Act 1989 (general duty of consumers' committees to advise director etc.) there shall be substituted—.
§ "It shall be the duty of the Council to keep under review matters affecting the interests of consumers of electricity supplied to premises and to advise the Secretary of State, or as the case may be, the Director on any matter which—
- (a) appears to it to affect the interests of consumers or potential consumers of electricity; and
- (b) is referred to it by the Secretary of State or the Director or is a matter on which it considers it should offer advice.".'.
§ New clause 36—Electricity Act 1989 (reports of consumers' committees)—
§ 'For section 52 of the Electricity Act 1989 (periodical and other reports of consumers' committees) there shall be substituted—
§ "52.—(1) The Council shall, as soon as practicable after the end of each calendar year, make to the Director and to the Secretary of State a report on its activities during that year.
§ (2) Each report shall include a statement of the matters on which, during the year to which it relates, the Council has advised the Secretary of State or the Director under section X above.
§ (3) The Council shall arrange for every such report to be published in such a manner as it considers appropriate.
§ (4) In making any such report, the Council shall have regard to the need for excluding, so far as that is practicable—
- (a) any matter which relates to the affairs of an individual where the publication of that matter would or might in the opinion of the Council, seriously and prejudicially affect the interests of that individual; and
- (b) any matter which relates specifically to the affairs of a particular body of persons, whether corporate or unincorporate, where publication of that matter would or might, in the opinion of the Council, seriously and prejudicially affect the interests of that body.".'.
§
New clause 37—Electricity Act 1989 (National Consumers' Consultative Council)—
'Section 53 of the Electricity Act 1989 (the National Consumers' Consultative Committee) shall cease to have effect.'.
§ New clause 38—Electricity Act 1989 (Abolition of Consumers' Council)—
§ 'In section 54 of the Electricity Act 1989 (abolition of Consumers' etc. Councils) the following paragraphs shall be inserted after paragraph (c)—
§ "(d) the consumers' councils established under this Act; and
1119§ (e) the National Consumers' Consultative Committee.".'.
§
New clause 39—Electricity Act 1984 (Schedule 2)—
'Schedule 2 of the Electricity Act 1989 shall cease to have effect.'.
§
New clause 40—Telecommunications Act 1984 (investigation of complaints)—
'In section 49 of the Telecommunications Act 1984 (investigation of complaints) the following paragraph shall be inserted in subsection (1) after paragraph (b)—
;or
(c) is referred to him by the Council under subsection (ii) of section 54D below.".'.
§ New clause 41—Telecommunications Act 1984 (Telecommunications' Consumers Council)—
§ 'For section 54 of the Telecommunications Act 1984 there shall be substituted