Clause 49 - Consumer complaints
Water Bill [Lords]
10:30 am
Mr David Amess (Southend West, Conservative)
With this it will be convenient to discuss the following:
Amendment No. 154, in
clause 49, page 59, line 39, at end insert—
'(12A) Where a report is made to the Authority pursuant to subsection (10), and the report shows that, in the opinion of the Council, the relevant undertaker (in respect of any matter relating to its functions) by failing properly to consult the complainant, or by acting unreasonably caused the complainant to suffer loss or damage or be subjected to inconvenience, the Authority may direct the relevant undertaker to pay to the complainant an amount, not exceeding £5000, in respect of that loss, damage or inconvenience.
(12B) The Authority shall not direct a relevant undertaker to pay an amount to a complainant pursuant to subsection (12A) in respect of any loss, damage or inconvenience for which compensation is recoverable under any other enactment except in so far as it appears to be appropriate to do so by reason of the failure of the amount of any such compensation to reflect the fact that it was not reasonable for the relevant undertaker to cause the complainant to sustain the loss or damage or to be subjected to the inconvenience.'.