PART 1

Consumer Scotland

Review of performance and modification of functions

Review of Consumer Scotland's performance
19
1
Consumer Scotland must, at least once in every review period, appoint a suitable individual or body to review and prepare a report on the performance of its functions during the period.
2
The report under subsection (1) must be prepared as soon as reasonably practicable after the end of the review period to which it relates.
3
For the purposes of subsection (1), an individual or body is suitable only if—
a
the individual or body has expertise likely to be relevant to the assessment of the performance of Consumer Scotland's functions, and
b
the individual or body is not—
i
a member of Consumer Scotland,
ii
disqualified from appointment as such a member by virtue of paragraph 3 of schedule 1, or
iii
a member of staff of Consumer Scotland.
4
Consumer Scotland may make such payment to an individual or body appointed under subsection (1) in respect of a review as it, with the approval of the Scottish Ministers, determines.
5
Consumer Scotland must—
a
publish each report prepared under subsection (1),
b
lay a copy of it before the Scottish Parliament, and
c
send a copy of it to the Scottish Ministers.
6
In this section, “review period” means—
a
the period of 3 years beginning with the date on which section 1 comes into force, and
b
each subsequent period of 5 years.

Power to modify Consumer Scotland's functions
20
1
Subject to subsection (3), the Scottish Ministers may by regulations—
a
confer functions on Consumer Scotland,
b
vary the functions of Consumer Scotland,
c
remove functions from Consumer Scotland.
2
In subsection (1)—
a
the reference to conferring functions on Consumer Scotland includes reference to transferring functions from another person to Consumer Scotland, and
b
the reference to removing functions from Consumer Scotland includes reference to transferring functions from Consumer Scotland to another person.
3
Regulations under subsection (1) may not remove Consumer Scotland's functions under section 2.
4
Before laying a draft of a Scottish statutory instrument containing regulations under subsection (1) before the Scottish Parliament, the Scottish Ministers must consult—
a
Consumer Scotland,
b
any person to whom, or from whom, functions are being transferred, and
c
such other persons as they consider appropriate.
5
Regulations under subsection (1) may modify this Act or any other enactment.