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

Part 1 U.K. [F1 THE CONSUMER ADVOCACY BODIES]

Textual Amendments

F1 Pt. 1 heading substituted (1.4.2014) by The Public Bodies (Abolition of the National Consumer Council and Transfer of the Office of Fair Trading's Functions in relation to Estate Agents etc) Order 2014 (S.I. 2014/631), art. 1(3), Sch. 1 para. 12(2) (with Sch. 1 para. 28, Sch. 2 paras. 13-15)

Modifications etc. (not altering text)

C1 Pt. 1 power to apply (with modifications) conferred (26.10.2023) by Energy Act 2023 (c. 52), s. 334(2)(l), Sch. 18 para. 61(1)

C2 Pt. 1 power to extend (N.I.) conferred (26.10.2023) by Energy Act 2023 (c. 52), s. 334(2)(l), Sch. 18 para. 61(3)

[F2 Provision about consumer advocacy bodies U.K.

Textual Amendments

F2 Ss. 40A, 40B and cross-heading inserted (1.4.2014) by The Public Bodies (Abolition of the National Consumer Council and Transfer of the Office of Fair Trading's Functions in relation to Estate Agents etc) Order 2014 (S.I. 2014/631) , art. 1(3) , Sch. 1 para. 12(41) (with Sch. 1 para. 28 , Sch. 2 paras. 13-15 )

40B Exemption from liability in damages U.K.

(1) A person listed in paragraph (2) is not liable in damages for anything done or omitted to be done in the exercise or purported exercise of any of the functions conferred by this or any other relevant enactment.

(2) The persons referred to in paragraph (1) are—

(a) Citizens Advice and Citizens Advice Scotland;

(b) an employee of Citizens Advice or Citizens Advice Scotland;

(c) a person contracted to work for Citizens Advice or Citizens Advice Scotland;

(d) a charity trustee of Citizens Advice or Citizens Advice Scotland.

(3) Paragraph (1) does not apply—

(a) if it is shown that the act or omission was in bad faith, or

(b) so as to prevent an award of damages made in respect of an act or omission on the ground that the act or omission was unlawful as a result of section 6(1) of the Human Rights Act 1998.

(4) In this section—

• “charity trustee” in relation to Citizens Advice, has the meaning given by section 177 of the Charities Act 2011 and in relation to Citizens Advice Scotland, has the meaning given by section 106 of the Charities and Trustee Investment (Scotland) Act 2005 ;

• “relevant enactment” means a provision of—

  (a)

  the Gas Act 1986;

  (b)

  the Electricity Act 1989;

  (c)

  The Postal Services Act 2000;

  (d)

  the Utilities Act 2000;

  (e)

  the Warm Homes and Energy Conservation Act 2000;

  (f)

  the Communications Act 2003;

  (g)

  the Postal Services Act 2011;

  (h)

  The Water Industry (Scotland) Act 2002;

  (i)

  the Water Services etc (Scotland) Act 2005;

  (j)

  this Act.]