Draft Regulations laid before the Scottish Parliament under section 26(3)(a) of the Consumer Scotland Act 2020 for approval by resolution of the Scottish Parliament
2022 No.
The Consumer Scotland (Transfer of Functions) Regulations 2022
Made
Coming into force
The Scottish Ministers make the following Regulations in exercise of the powers conferred on them by section 20(1) and (2) and section 27 of the Consumer Scotland Act 20201 and all other powers enabling them to do so.
In accordance with section 26(3)(a) of that Act, a draft of these Regulations has been laid before and approved by resolution of the Scottish Parliament.
In accordance with section 20(4) of that Act, the Scottish Ministers have consulted such persons as they consider appropriate, including Consumer Scotland and Citizens Advice Scotland.
Citation, commencement and interpretation1
1
These Regulations may be cited as the Consumer Scotland (Transfer of Functions) Regulations 2022 and come into force on 1 April 2022.
2
In these Regulations, “Citizens Advice Scotland” means the Scottish Association of Citizens Advice Bureaux2.
3
Any modification made by these Regulations has the same extent as the provision modified.
Modifications of Acts of the Scottish Parliament2
The modifications specified in the schedule have effect.
Transitional and saving provision3
1
Nothing in these Regulations affects the validity of anything done (or having effect as if done) by or in relation to Citizens Advice Scotland before their coming into force.
2
Anything done (or having effect as if done) at the coming into force of these Regulations by or in relation to Citizens Advice Scotland, so far as it relates to any function of Citizens Advice Scotland transferred to Consumer Scotland by these Regulations, has effect, so far as is necessary for continuing its effect after the coming into force of these Regulations, as if done by or in relation to Consumer Scotland.
3
Anything (including legal proceedings) which at the coming into force of these Regulations is in the process of being done by or in relation to Citizens Advice Scotland, so far as it relates to any function transferred by these Regulations, may be continued by or in relation to Consumer Scotland.
4
So far as may be necessary for the purposes of or in consequence of a transfer of a function by these Regulations, a reference to Citizens Advice Scotland in a Scottish instrument or other document is to be treated as a reference to Consumer Scotland.
SCHEDULEMODIFICATIONS OF ACTS OF THE SCOTTISH PARLIAMENT
Water Industry (Scotland) Act 20021
1
The Water Industry (Scotland) Act 20023 is amended as follows.
2
In section 44 (power of the Commission to require information) in subsection (4), after “Citizens Advice Scotland”, insert “or Consumer Scotland”
.
3
In section 65 (funding of the Commission and Citizens Advice Scotland)—
a
in the heading, for “Citizens Advice Scotland” substitute “Consumer Scotland”
,
b
in subsection (2A)—
i
for “Citizens Advice Scotland” substitute “Consumer Scotland”
,
ii
for “Citizens Advice Scotland’s”, substitute “Consumer Scotland’s”
, and
c
in subsection (2B), for “Citizens Advice Scotland” substitute “Consumer Scotland”
.
4
In section 276 (approval of customer standards code)—
a
in subsection (1), for “Citizens Advice Scotland” substitute “Consumer Scotland”
,
b
in subsection (4), for “Citizens Advice Scotland” substitute “Consumer Scotland”
.
5
In section 287 (consultation code), in subsection (3)(a) in both places where it appears, for “Citizens Advice Scotland” substitute “Consumer Scotland”
.
6
In section 29B8 (determination of maximum charges) in subsection (4)(a)(iii) for “Citizens Advice Scotland” substitute “Consumer Scotland”
.
7
In section 29D9 (statements regarding charges) in subsection (5)(b) for “Citizens Advice Scotland” substitute “Consumer Scotland”
.
8
In section 56A10 (directions may set objectives) in subsection (4) for “Citizens Advice Scotland” substitute “Consumer Scotland”
.
9
In section 5711 (information and reports) in subsection 6(a) for “Citizens Advice Scotland” substitute “Consumer Scotland”
.
Water Services etc. (Scotland) Act 20052
1
The Water Services etc. (Scotland) Act 200512 is amended as follows.
2
In section 1913 (disconnections code) in subsection (4)(c), for “Citizens Advice Scotland” substitute “Consumer Scotland”
.
3
In section 20B14 (Commission’s scheme) in subsection (4)(c), for “Citizens Advice Scotland” substitute “Consumer Scotland”
.
Public Services Reform (Scotland) Act 20103
1
The Public Services Reform (Scotland) Act 201015 is amended as follows.
2
In section 316 (transfer to certain bodies of functions of Waterwatch Scotland)—
a
in subsection (4), for “Citizens Advice Scotland” substitute “Consumer Scotland”
,
b
in subsection (5), for “Citizens Advice Scotland” substitute “Consumer Scotland”
, and
c
omit subsection (8).
(This note is not part of the Regulations)