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

Utilities Act 20008

1

The Utilities Act 200071 is amended as follows.

2

In section 3 (transfer to Authority and Council of functions, property etc.)—

a

in the heading omit “and Council”;

b

in subsection (3) omit “or to the Council”;

c

omit subsection (4);

d

in subsection (8) omit “or Council”.

3

In section 4 (forward work programmes)72, in subsection (6) for “the Council” substitute “Citizens Advice and Citizens Advice Scotland”.

4

In section 5 (annual and other reports of Authority)73, in subsection (7) for “the Council” substitute “Citizens Advice and Citizens Advice Scotland”.

5

Omit section 7 (co-operation between Authority and Council).

6

In section 8 (payments by licence holders relating to new arrangements)74—

a

in subsection (3A)—

i

omit paragraphs (a) and (b);

ii

after paragraph (b) insert—

ba

the appropriate proportion of the expenses of Citizens Advice (including expenses relating to taking on functions transferred from the National Consumer Council but not including expenses within paragraph (ca));

bb

the appropriate proportion of the expenses of Citizens Advice Scotland (including expenses relating to taking on functions transferred from the National Consumer Council but not including expenses within paragraph (cb));

iii

in paragraph (c) omit “the Council,”;

iv

after paragraph (c) insert—

ca

the appropriate proportion of the expenses of Citizens Advice which relate to a transfer scheme made in respect of the National Consumer Council under section 23 of the Public Bodies Act 2011;

cb

the appropriate proportion of the expenses of Citizens Advice Scotland which relate to a transfer scheme made in respect of the National Consumer Council under section 23 of the Public Bodies Act 2011;

v

after paragraph (d) insert—

da

the appropriate proportion of the expenses of the Secretary of State which relate to the abolition of the National Consumer Council and the transfer of functions to Citizens Advice and Citizens Advice Scotland;

db

the appropriate proportion of the expenses of the Secretary of State which relate to the transfer of functions and the conferring of functions on Citizens Advice and Citizens Advice Scotland 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/…);

dc

the appropriate proportion of the expenses of the Secretary of State which relate to a transfer scheme made in respect of the National Consumer Council under section 23 of the Public Bodies Act 2011;

b

in subsection (3B)—

i

in paragraph (a) for “subsection (3A)(a) or (b)” substitute “subsection (3A)(ba), (bb), (ca), (cb) or (db)”;

ii

in paragraph (a) for “the Council” substitute “Citizens Advice or Citizens Advice Scotland, as the case may be,”;

iii

omit the “and” after paragraph (a);

iv

after paragraph (a) insert—

aa

in the case of expenses within subsection (3A)(da) or (dc), the functions exercised by the National Consumer Council in relation to gas and electricity consumers, and

c

in subsection (4)—

i

omit paragraph (a) and the “or” following it;

ii

after paragraph (b) insert—

c

the abolition of the National Consumer Council, or

d

the conferring of functions which are exercisable in relation to gas and electricity consumers on Citizens Advice or Citizens Advice Scotland 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/...).

d

in subsection (10), omit the definitions of—

i

“Citizens Advice”, and

ii

“Citizens Advice Scotland”.

7

In section 103 (overall carbon emissions reduction targets)75, in subsection (4) for “the Council” substitute “Citizens Advice, Citizens Advice Scotland”.

8

In section 103A (overall home heating cost reduction targets)76, in subsection (5) for “the Council” substitute “Citizens Advice, Citizens Advice Scotland”.

9

In section 105 (general restrictions on disclosure of information)—

a

in subsection (3)(a) for “the Council” substitute “Citizens Advice, Citizens Advice Scotland”;

b

in subsection (5)—

i

omit the “and” after paragraph (l);

ii

for paragraph (m) substitute—

m

 Citizens Advice, and

n

Citizens Advice Scotland.

c

in subsection (11A) for “the Council” substitute “Citizens Advice or Citizens Advice Scotland”.

10

In section 106 (interpretation)77, in subsection (1)—

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 “Council”.