SCHEDULE 1Transfer of certain functions of the National Consumer Council, transfer of certain consumer advice scheme functions of the OFT and consequential, supplementary, incidental and transitional provision
PART 1Amendments to Acts
Gas Act 19864
1
The Gas Act 198626 is amended as follows.
2
In section 4AB (guidance on social and environmental matters)27, in subsection (3) for paragraph (b) substitute—
b
Citizens Advice;
ba
Citizens Advice Scotland;
3
In section 6A (exemptions from prohibition)28, in subsection (1B)(a) for “and the Council” substitute “, Citizens Advice and Citizens Advice Scotland”.
4
In section 8 (standard conditions of licences)29, in subsection (5)(b) for “and to the Council” substitute “, to Citizens Advice and to Citizens Advice Scotland”.
5
In section 23 (modifications of conditions of licences)30, in subsection (4)(b)—
a
omit the “and” following sub-paragraph (iii);
b
for sub-paragraph (iv) substitute—
iv
Citizens Advice, and
v
Citizens Advice Scotland.
6
In section 23B (appeal to the Competition Commission)31—
a
in subsection (2)(d) for “the Council” substitute “Citizens Advice or Citizens Advice Scotland or those bodies acting jointly”;
b
in subsection (4)(c) for “by the Council,” substitute “by Citizens Advice or Citizens Advice Scotland or those bodies acting jointly,”.
7
In section 27A (determination of certain disputes)32, in subsection (1)(a) for the words from “Authority by” to “the Council;” substitute—
Authority—
i
by either party, or
ii
with the consent of either party, by Citizens Advice or Citizens Advice Scotland or Citizens Advice and Citizens Advice Scotland acting jointly;
8
In section 30A (penalties)33, in subsection (7)—
a
omit the “and” following paragraph (b);
b
for paragraph (c) substitute—
c
by serving a copy of the notice on Citizens Advice; and
d
by serving a copy of the notice on Citizens Advice Scotland.
9
In section 33AB (standards of performance in individual cases: disputes)34, in subsection (1)—
a
in paragraph (a) for the words from “Authority by” to “the Council;” substitute—
Authority—
i
by either party, or
ii
with the consent of either party, by Citizens Advice or Citizens Advice Scotland or Citizens Advice and Citizens Advice Scotland acting jointly;
b
in paragraph (b) for “the Council” substitute “Citizens Advice or Citizens Advice Scotland”.
10
In section 33BAA (procedures for prescribing or determining standards of performance)35, in subsection (1)(c) for “the Council” substitute “Citizens Advice and Citizens Advice Scotland”.
11
In section 33BC (promotion of reductions in carbon emissions: gas transporters and gas suppliers)36, in subsection (11) for “the Council” substitute “Citizens Advice, Citizens Advice Scotland”.
12
In section 33DA (publication of statistical information about standards of performance)37—
a
in subsection (1) for the words from the beginning to “considers appropriate” substitute “It shall be the duty of both Citizens Advice and Citizens Advice Scotland to secure the publication, in such form and manner and with such frequency as the particular body thinks appropriate, of such statistical information as the particular body considers appropriate”;
b
after subsection (1) insert—
1A
Citizens Advice and Citizens Advice Scotland may comply with the duty in subsection (1) by publishing information jointly or by securing that information is published on behalf of both of them.
c
in subsection (2) for “or the Council” substitute “, Citizens Advice or Citizens Advice Scotland”.
13
In section 41D (application by Authority for order including new activities)38, in subsection (2) for “the Council” substitute “Citizens Advice and Citizens Advice Scotland”.
14
In section 41E (references to Competition Commission)39, in subsection (4) for “the Council” substitute “Citizens Advice and Citizens Advice Scotland”.
15
In section 41F (reports on references)40—
a
in subsection (7)—
i
for “send another copy to the Council” substitute “send a copy of the report to Citizens Advice and Citizens Advice Scotland”;
ii
for “that other copy” substitute “the copy sent to Citizens Advice and Citizens Advice Scotland”;
b
in subsection (8), for “the Council” substitute “Citizens Advice and Citizens Advice Scotland”.
16
In section 41G (application by Authority for order excluding activities)41, in subsection (2)(a) for “and the Council” substitute “, Citizens Advice and Citizens Advice Scotland”.
17
In section 41H (consultation by Secretary of State about order excluding activities)42, in subsection (2)(a) for “and the Council” substitute “, Citizens Advice and Citizens Advice Scotland”.
18
In section 41I (service by Authority of certain notices on Council)43—
a
in the heading for “Council” substitute “Citizens Advice and Citizens Advice Scotland”;
b
for “the Council” substitute “Citizens Advice and Citizens Advice Scotland”.
19
In section 66 (general interpretation)44—
a
at the appropriate place insert—
“Citizens Advice” means the National Association of Citizens Advice Bureaux;
“Citizens Advice Scotland” means the Scottish Association of Citizens Advice Bureaux;
b
omit the definition of “the Council”.
20
In Schedule 2B (the gas code)—
a
in paragraph 6A(4)45, for paragraph (a) substitute—
a
Citizens Advice;
aa
Citizens Advice Scotland;
b
in paragraph 8(11)(b)46 for “and to the Council” substitute “, to Citizens Advice and to Citizens Advice Scotland”.