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Textual Amendments
F1Pt. 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)
C1Pt. 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)
C2Pt. 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)
(1)[F3The GCCNI] must [F4before each programme year] publish a document (the “forward work programme”) containing—
(a)a statement of any priorities of [F5the GCCNI] for the year in relation to designated consumers generally or any description of designated consumers;
(b)a general description of the main activities (including any projects) which it plans to undertake during the year in relation to designated consumers generally or any description of designated consumers;
(c)a statement of any other priorities of [F6the GCCNI] for the year;
(d)a general description of any other projects which it plans to undertake during the year (other than those comprising routine activities in the exercise of its functions).
(2)The description of a project under subsection (1)(b) or (d) must include the objectives of the project.
(3)The forward work programme for any year must also include—
(a)an estimate of the overall expenditure which [F7the GCCNI] expects to incur during the year in the exercise of its functions, and
(b)an estimate of the expenditure (if any) which [F8the GCCNI] expects to incur during the year in the exercise of its functions in relation to designated consumers.
F9(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F10(4A) In preparing a draft of the forward work programme for any year, the GCCNI must consult—
(a) Citizens Advice , and
(b)[F11Consumer Scotland] .]
(5)Before publishing the forward work programme for any year, [F12the GCCNI] must publish a notice—
(a)containing a draft of the forward work programme, and
(b)specifying the period within which representations about the proposals contained in it may be made,
and must consider any representations which are duly made and not withdrawn.
(6)The notice under subsection (5) must be published by [F13the GCCNI] in such manner as it considers appropriate for the purpose of bringing the matters contained in the notice to the attention of persons likely to have an interest in them.
(7)[F14The GCCNI] must send a copy of any notice given by it under subsection (5) to—
(a)the Secretary of State,
F15(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F15(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d)the Office of Fair Trading, and
(e)any regulatory body which [F16the GCCNI] considers might have an interest in the content of the notice.
[F17(8)References in this section to “designated consumers” are references to designated consumers who are consumers in relation to postal services in Northern Ireland.
(9)In this section “programme year” means—
(a)the period beginning on 1st April 2014 and ending with the next following 31st March, and
(b)each successive period of 12 months.]
Textual Amendments
F2 Words in s. 5 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(7)(a) (with Sch. 1 para. 28 , Sch. 2 paras. 13-15 )
F3 Words in s. 5(1) 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(7)(b)(i) (with Sch. 1 para. 28 , Sch. 2 paras. 13-15 )
F4 Words in s. 5(1) 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(7)(b)(ii) (with Sch. 1 para. 28 , Sch. 2 paras. 13-15 )
F5 Words in s. 5(1)(a) 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(7)(b)(iii) (with Sch. 1 para. 28 , Sch. 2 paras. 13-15 )
F6 Words in s. 5(1)(c) 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(7)(b)(iv) (with Sch. 1 para. 28 , Sch. 2 paras. 13-15 )
F7 Words in s. 5(3)(a) 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(7)(c)(i) (with Sch. 1 para. 28 , Sch. 2 paras. 13-15 )
F8 Words in s. 5(3)(b) 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(7)(c)(ii) (with Sch. 1 para. 28 , Sch. 2 paras. 13-15 )
F9 S. 5(4) omitted (1.4.2014) by virtue of 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(7)(d) (with Sch. 1 para. 28 , Sch. 2 paras. 13-15 )
F10 S. 5(4A) 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(7)(e) (with Sch. 1 para. 28 , Sch. 2 paras. 13-15 )
F11Words in s. 5(4A)(b) substituted (13.1.2022) by The Consumer Scotland Act 2020 (Consequential Provisions and Modifications) Order 2022 (S.I. 2022/34), art. 1(1), Sch. para. 7(4) (with art. 5)
F12 Words in s. 5(5) 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(7)(f) (with Sch. 1 para. 28 , Sch. 2 paras. 13-15 )
F13 Words in s. 5(6) 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(7)(g) (with Sch. 1 para. 28 , Sch. 2 paras. 13-15 )
F14 Words in s. 5(7) 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(7)(h)(i) (with Sch. 1 para. 28 , Sch. 2 paras. 13-15 )
F15 S. 5(7)(b)(c) omitted (1.4.2014) by virtue of 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(7)(h)(ii) (with Sch. 1 para. 28 , Sch. 2 paras. 13-15 )
F16 Words in s. 5(7)(e) 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(7)(h)(iii) (with Sch. 1 para. 28 , Sch. 2 paras. 13-15)
F17 S. 5(8)(9) 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(7)(i) (with Sch. 1 para. 28 , Sch. 2 paras. 13-15 )
Commencement Information
I1 S. 5 in force at 7.5.2008 by S.I. 2008/1262 , art. 3
(1) In exercising its functions [F19 the GCCNI] must comply with the requirements of this section.
(2)[F20 The GCCNI] must have regard to the forward work programme published under section 5.
(3)[F21 The GCCNI] must have regard to the interests of consumers in different areas.
(4)[F22 The GCCNI] must have regard to the interests of consumers that are one or more of the following—
(a)disabled or chronically sick individuals;
(b)individuals of pensionable age;
(c)individuals with low incomes;
(d)individuals residing in rural areas.
(5)But nothing in subsection (4) is to be taken as implying that regard may not be had to the interests of other descriptions of consumers.
(6)[F23 The GCCNI] must have regard to the need to use its resources in the most efficient and economic way.
(7) In discharging the duty imposed by subsection (6), [F24 the GCCNI] must take account of the existence of any other public bodies with the same functions as, or similar functions to, those of [F24 the GCCNI] and the activities carried on by such bodies.
(8)[F25The GCCNI] must exercise its functions in the manner which it considers is best calculated to contribute to the achievement of sustainable development.
F26(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(10)A person is of pensionable age for the purposes of this section if—
(a)the person has attained pensionable age (within the meaning given by the rules in paragraph 1 of Schedule 4 to the Pensions Act 1995 (c. 26)), or
(b)in the case of a man born before[F27 6 December 1953], he is the same age as a woman who has attained pensionable age (within the meaning so given).
Textual Amendments
F18Words in s. 6 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(8)(a) (with Sch. 1 para. 28, Sch. 2 paras. 13-15)
F19Words in s. 6(1) 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(8)(b)(i) (with Sch. 1 para. 28, Sch. 2 paras. 13-15)
F20Words in s. 6(2) 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(8)(c)(i) (with Sch. 1 para. 28, Sch. 2 paras. 13-15)
F21Words in s. 6(3) 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(8)(c)(ii) (with Sch. 1 para. 28, Sch. 2 paras. 13-15)
F22Words in s. 6(4) 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(8)(c)(iii) (with Sch. 1 para. 28, Sch. 2 paras. 13-15)
F23Words in s. 6(6) 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(8)(c)(iv) (with Sch. 1 para. 28, Sch. 2 paras. 13-15)
F24Words in s. 6(7) 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(8)(b)(ii) (with Sch. 1 para. 28, Sch. 2 paras. 13-15)
F25Words in s. 6(8) 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(8)(c)(v) (with Sch. 1 para. 28, Sch. 2 paras. 13-15)
F26S. 6(9) omitted (1.4.2014) by virtue of 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(8)(d) (with Sch. 1 para. 28, Sch. 2 paras. 13-15)
F27 Words in s. 6(10)(b) substituted (3.1.2012) by Pensions Act 2011 (c. 19) , s. 38(3)(a) , Sch. 1 para. 7
Commencement Information
I2 S. 6(1)(3)-(10) in force at 21.12.2007 by S.I. 2007/3546 , art. 3 , Sch.
I3 S. 6(2) in force at 1.10.2008 by S.I. 2008/2550 , art. 2 , Sch.
Subject to section 13 (investigation of complaints relating to the disconnection of gas or electricity), nothing in this Part imposes on a consumer advocacy body a duty to exercise any of its functions on behalf of or at the request of a particular consumer.]
Textual Amendments