Consumer Scotland Act 2020

PART 2 Consumer interests

21 Duty to have regard to consumer interests

(1) A relevant public authority must, when making decisions of a strategic nature about how to exercise its functions, have regard to—

(a) the impact of those decisions on consumers in Scotland, and

(b) the desirability of reducing harm to consumers in Scotland.

(2) For the purpose of this section and sections 22 and 23, “relevant public authority” means a person with functions of a public nature who is specified (by name or description) in regulations made by the Scottish Ministers.

(3) Regulations under subsection (2) may specify a person—

(a) in relation to the exercise of all of the person’s functions, or

(b) in respect of the exercise of certain specified functions only.

(4) Before laying a draft of a Scottish statutory instrument containing regulations under subsection (2) before the Scottish Parliament, the Scottish Ministers must consult such persons as they consider appropriate.

(5) Where the Scottish Ministers propose to specify a person under subsection (2) who is not currently a relevant public authority, the persons consulted under subsection (4) must include the person whom they propose to specify.

22 Guidance about section 21 duty

(1) Consumer Scotland may, with the approval of the Scottish Ministers, issue guidance about the duty imposed under section 21.

(2) A relevant public authority must have regard to any guidance issued under subsection (1).

(3) Before issuing guidance under subsection (1), Consumer Scotland must consult such persons as it considers appropriate.

(4) The persons consulted under subsection (3) must include all relevant public authorities to whom the guidance is addressed.

(5) Guidance under subsection (1) may be addressed to—

(a) one or more relevant public authorities identified in the guidance, or

(b) all relevant public authorities.

(6) Consumer Scotland must make guidance issued under subsection (1) publicly available.

(7) The power to issue guidance under subsection (1) includes the power to—

(a) issue guidance which varies guidance issued under that subsection,

(b) revoke guidance issued under that subsection.

23 Reporting on section 21 duty

(1) A relevant public authority must publish information about the steps which it has taken to comply with the duty imposed under section 21.

(2) In complying with subsection (1), a relevant public authority—

(a) may publish the information—

(i) in relation to such period as it determines of up to a maximum of 12 months,

(ii) in such manner as it considers appropriate (for example, in an annual or other report),

(b) must publish the information no later than 12 months after the end of period to which it relates.

(3) Regulations under section 21(2) may specify relevant public authorities to which this section does not apply.