Consumer Scotland Act 2020

2020 asp 11

The Bill for this Act of the Scottish Parliament was passed by the Parliament on 6th May 2020 and received Royal Assent on 9th June 2020

An Act of the Scottish Parliament to establish Consumer Scotland and provide for its functions as a consumer advocacy and advice body; and to require regard to be had to consumer interests.

PART 1 S Consumer Scotland

Establishment S

1 Consumer Scotland S

(1) A body corporate to be known as Consumer Scotland (in Gaelic, Luchd-Cleachdaidh Alba) is established.

(2) Consumer Scotland has the functions conferred on it by or under this Act and any other enactment.

(3) Schedule 1 makes further provision about the status, membership, procedures and powers of Consumer Scotland.

Commencement Information

I1 S. 1 in force at 1.4.2022 by S.S.I. 2021/464, reg. 2

Functions S

2 The general function of providing consumer advocacy and advice S

(1) Consumer Scotland has the general function of providing consumer advocacy and advice with a view to—

(a) reducing harm to consumers in Scotland,

(b) increasing confidence among consumers in Scotland in dealing with businesses that supply goods and services to consumers,

(c) increasing the extent to which consumer matters are taken into account by public authorities in Scotland,

(d) promoting—

(i) sustainable consumption of natural resources, and

(ii) other environmentally sustainable practices,

in relation to the acquisition, use and disposal of goods by consumers in Scotland,

(e) otherwise advancing inclusion, fairness, prosperity and other aspects of wellbeing in Scotland.

(2) In exercising its general function, Consumer Scotland has the particular functions set out in sections 3 to 6.

Commencement Information

I2 S. 2 in force at 1.4.2022 by S.S.I. 2021/464, reg. 2

3 The representative function S

(1) Consumer Scotland may—

(a) provide advice and information to persons mentioned in subsection (3) about consumer matters,

(b) make proposals to such persons about consumer matters, and

(c) represent the views of consumers on consumer matters to such persons.

(2) Where the Scottish Ministers ask Consumer Scotland to provide them with such advice, information, proposals or representations, Consumer Scotland must, so far as is reasonably practicable and consistent with its other functions, do so.

(3) The persons referred to in subsection (1) are—

(a) the Scottish Ministers,

(b) any Minister of the Crown or government department,

(c) any local authority,

(d) any regulatory body established by or under an enactment,

(e) any other person whom Consumer Scotland considers might have an interest in the matter in question.

Commencement Information

I3 S. 3 in force at 1.4.2022 by S.S.I. 2021/464, reg. 2

4 The research and investigation function S

(1) Consumer Scotland may obtain, analyse, and keep under review—

(a) information about consumer matters,

(b) information about the views of consumers on consumer matters, and

(c) information of such other description as may be prescribed by the Scottish Ministers by regulations.

(2) Consumer Scotland may also undertake investigations—

(a) into sectors or practices which it considers cause, or may cause, harm to consumers, or

(b) otherwise for the purpose of fulfilling its general function.

Commencement Information

I4 S. 4 in force at 1.4.2022 by S.S.I. 2021/464, reg. 2

5 The information function S

(1) Consumer Scotland may provide or secure the provision of advice and information to consumers—

(a) about Consumer Scotland and its functions,

(b) about consumer matters (as they relate to consumers generally or individually), and

(c) about such other matters as may be prescribed by the Scottish Ministers by regulations.

(2) In exercising the power conferred by subsection (1), Consumer Scotland may (among other things)—

(a) publish or otherwise make available information in any manner Consumer Scotland considers appropriate for the purpose of bringing it to the attention of those likely to have an interest in it,

(b) support (financially or otherwise), facilitate or co-ordinate the activities of other persons.

Commencement Information

I5 S. 5 in force at 1.4.2022 by S.S.I. 2021/464, reg. 2

6 The recall of goods function S

(1) Consumer Scotland must establish and operate, or secure the establishment and operation of, a publicly available database of recalls of goods in Scotland which Consumer Scotland considers to be major (either in terms of the significance of the potential risk to individuals from the goods or the scale of the recall).

(2) Consumer Scotland may take such further steps as it considers appropriate to provide or secure the provision of advice and information to consumers about such recalls.

(3) In exercising its functions under this section, Consumer Scotland may (among other things)—

(a) publish or otherwise make available information in any manner Consumer Scotland considers appropriate for the purpose of bringing it to the attention of those likely to have an interest in it,

(b) support (financially or otherwise), facilitate or co-ordinate the activities of other persons.

(4) For the purpose of subsection (1), a recall of goods includes a case where, instead of goods being taken back from consumers, corrective measures are being taken in relation to them.

Commencement Information

I6 S. 6 in force at 1.4.2022 by S.S.I. 2021/464, reg. 2

7 General provision about functions S

(1) In exercising its functions, Consumer Scotland must comply with the requirements of this section.

(2) Consumer Scotland must have regard to the forward work programme published under section 14.

(3) Consumer Scotland must have regard to—

(a) the activities carried on by specified persons and any other persons with the same functions as, or similar functions to, Consumer Scotland, and

(b) the desirability of working in collaboration with others where appropriate.

(4) Consumer Scotland must have regard to the interests of vulnerable consumers.

(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) Consumer Scotland must have regard to the environmental impact of the actions of consumers.

(7) Consumer Scotland must have regard to the importance of communicating in an inclusive way.

(8) In subsection (3)(a), “specified” means specified in regulations made by the Scottish Ministers.

(9) In subsection (7), “communicating in an inclusive way” means communicating in a way that ensures that individuals who have difficulty communicating (in relation to speech, language or otherwise) can receive information and express themselves in ways that best meet each individual's needs.

Commencement Information

I7 S. 7 in force at 1.4.2022 by S.S.I. 2021/464, reg. 2

8 Exercise of functions S

Nothing in this Act imposes on Consumer Scotland a duty to exercise any of its functions on behalf of or at the request of a particular consumer.

Commencement Information

I8 S. 8 in force at 1.4.2022 by S.S.I. 2021/464, reg. 2

Information-gathering S

9 Requirement to provide information to Consumer Scotland S

(1) Consumer Scotland may, by notice, require a person falling within subsection (2)—

(a) to provide it with such information as is specified or described in the notice and which it requires for the purpose of exercising its functions, and

(b) to do so within such reasonable period as is specified in the notice.

(2) The persons referred to in subsection (1) are–

(a) a designated regulator,

(b) a regulated provider,

(c) any other person who supplies goods or services in the course of a business carried on by that person,

(d) any other person specified, or of a description specified, by the Scottish Ministers by regulations for the purposes of this subsection.

(3) A notice under subsection (1) may specify the manner and form in which the information is to be provided.

(4) Before giving a notice under subsection (1), or specifying the manner or form in which information is to be provided, Consumer Scotland must have regard to the desirability of minimising the cost, or any other detriment, to the person to whom the notice is to be given.

(5) Regulations under subsection (2)(d) may provide either–

(a) that section 10 (failure by a designated regulator) is to apply in relation to a person specified, or of a description specified, by the regulations as it applies to a designated regulator, or

(b) that section 12 (enforcement by the court) is to apply in relation to such a person.

(6) In this section and sections 10 to 12—

(a) “designated regulator” means a regulator specified by the Scottish Ministers by regulations for the purpose of this subsection,

(b) “regulated provider” means a person—

(i) who is specified, or of a description specified, as such by the Scottish Ministers by regulations for the purpose of this subsection, and

(ii) who is subject to regulation by a designated regulator specified in relation to the person in those regulations.

(7) Before making regulations under subsection (6), the Scottish Ministers must consult such persons as they consider appropriate.

(8) Where the Scottish Ministers propose to specify a regulator under subsection (6)—

(a) who is not currently a designated regulator, or

(b) in relation to a person—

(i) who is, or is to be, a regulated provider, and

(ii) in relation to whom the regulator is not currently the designated regulator,

the persons consulted under subsection (7) must include the regulator whom they propose to specify.

Commencement Information

I9 S. 9 in force at 1.4.2022 by S.S.I. 2021/464, reg. 2

10 Failure by a designated regulator to comply with a section 9 notice S

(1) If a designated regulator fails to comply with a notice under section 9(1), the regulator must, if so required by Consumer Scotland, provide Consumer Scotland with a written statement setting out the reasons for the failure.

(2) Consumer Scotland may publish any statement received under subsection (1).

Commencement Information

I10 S. 10 in force at 1.4.2022 by S.S.I. 2021/464, reg. 2

11 Enforcement by a designated regulator of a section 9 notice S

(1) Where a regulated provider fails to comply with a notice under section 9(1), Consumer Scotland may refer the failure to the relevant designated regulator.

(2) Subsection (1) applies only to the extent that the notice relates to information which is held or may be obtained by the regulated provider in the person's capacity as a regulated provider.

(3) Where a failure is referred under subsection (1), the relevant designated regulator must—

(a) consider any representations made by Consumer Scotland or the regulated provider, and

(b) determine whether the regulated provider is entitled to refuse to comply with the notice by virtue of provision made under section 13 (exemptions from requirement to provide information).

(4) If the relevant designated regulator determines that the regulated provider is not entitled to refuse to comply with the notice, the relevant designated regulator must direct the regulated provider to comply with it.

(5) The relevant designated regulator must give Consumer Scotland and the regulated provider notice of—

(a) a determination under subsection (3)(b) and the reasons for it, and

(b) any direction under subsection (4).

(6) For the purposes of this section, “relevant designated regulator”, in relation to a regulated provider, means the designated regulator specified in relation to the regulated provider in regulations under section 9(6)(b).

Commencement Information

I11 S. 11 in force at 1.4.2022 by S.S.I. 2021/464, reg. 2

12 Enforcement by the court of a section 9 notice S

(1) This section applies—

(a) where a person (“the defaulter”) refuses, or otherwise fails, to comply with a notice given to the defaulter under section 9(1),

(b) where the defaulter is—

(i) a person falling within section 9(2)(b) or (c), or

(ii) a person in relation to whom this section applies by virtue of provision made under section 9(5)(b), and

(c) in the case where the defaulter is a regulated provider, where, or to the extent that, section 11(1) does not apply in relation to the notice.

(2) The Court of Session may, on the application of Consumer Scotland, grant an order requiring the defaulter to comply with—

(a) the notice, or

(b) such directions for the like purpose as are contained in the order.

Commencement Information

I12 S. 12 in force at 1.4.2022 by S.S.I. 2021/464, reg. 2

13 Exemptions from requirement to provide information S

(1) No person may be required by a notice under section 9(1) or a court order under section 12 to produce a document or otherwise provide information which that person would be entitled to refuse to produce or provide in proceedings before the Court of Session.

(2) The Scottish Ministers may by regulations specify—

(a) persons or descriptions of persons to whom Consumer Scotland may not give a notice under section 9(1),

(b) information or descriptions of information which a person may refuse to supply in accordance with such a notice,

(c) circumstances in which a person may refuse to comply with such a notice.

Commencement Information

I13 S. 13 in force at 1.4.2022 by S.S.I. 2021/464, reg. 2

Accountability S

14 Forward work programmes S

(1) Consumer Scotland must before each programme year prepare and publish a document (the “forward work programme”) containing—

(a) a statement of any priorities of Consumer Scotland for the year in relation to consumers generally and in relation to vulnerable consumers,

(b) a general description of the main activities (including any investigations) which it plans to undertake during the year in relation to consumers generally and in relation to vulnerable consumers,

(c) a statement of any other priorities of Consumer Scotland for the year,

(d) a general description of any other investigations which it plans to undertake during the year (other than those comprising routine activities in the exercise of its functions).

(2) The description of an investigation under subsection (1)(b) or (d) must include the objectives of the investigation.

(3) In preparing the forward work programme for any year, Consumer Scotland must have regard to the views of consumers and other persons, bodies and organisations having an interest in consumer matters.

(4) Consumer Scotland must lay a copy of any forward work programme published under subsection (1) before the Scottish Parliament.

(5) In this section, “programme year” means—

(a) the first period of 12 months beginning on 1 April following the day this section comes into force, and

(b) each successive period of 12 months.

Commencement Information

I14 S. 14 in force at 1.4.2022 by S.S.I. 2021/464, reg. 2

15 Reports on investigations S

(1) Consumer Scotland must, as soon as reasonably practicable after the conclusion of any investigation conducted under section 4(2), prepare and publish a report setting out—

(a) its findings,

(b) any recommendations arising out of the investigation,

(c) how, in conducting the investigation, Consumer Scotland has had regard to any activities carried on by specified persons and any other persons with the same functions as, or similar functions to, Consumer Scotland.

(2) Consumer Scotland must send a copy of each report prepared under subsection (1) to the Scottish Ministers.

(3) In subsection (1)(c), “specified” means specified in regulations made by the Scottish Ministers under section 7(8).

Commencement Information

I15 S. 15 in force at 1.4.2022 by S.S.I. 2021/464, reg. 2

16 Annual report S

(1) Consumer Scotland must, as soon as reasonably practicable after the end of each financial year—

(a) prepare and publish a report on its activities during the year,

(b) lay a copy of the report before the Scottish Parliament, and

(c) send a copy of the report to the Scottish Ministers.

(2) It is for Consumer Scotland to determine the form and content of each report.

(3) Without prejudice to the generality of subsection (2), a report under subsection (1) must set out how Consumer Scotland has had regard to any activities carried on by specified persons and any other persons with the same functions as, or similar functions to, Consumer Scotland.

(4) In subsection (3), “specified” means specified in regulations made by the Scottish Ministers under section 7(8).

Commencement Information

I16 S. 16 in force at 1.4.2022 by S.S.I. 2021/464, reg. 2

17 Consumer welfare report S

(1) Consumer Scotland must, as soon as reasonably practicable after the end of each reporting period, prepare and publish a report on—

(a) how well the interests of consumers are being served in Scotland, and

(b) where harm is being caused to the interests of consumers in Scotland, the nature and extent of that harm.

(2) A report under subsection (1) must set out how Consumer Scotland has had regard to the interests of vulnerable consumers.

(3) In preparing a report under subsection (1), Consumer Scotland must have regard to the views of consumers and other persons, bodies and organisations having an interest in consumer matters.

(4) Consumer Scotland must—

(a) lay a copy of each report prepared under subsection (1) before the Scottish Parliament, and

(b) send a copy of it to the Scottish Ministers.

(5) In this section, “reporting period” means—

(a) the period of 3 years beginning with 1 April next following the coming into force of this section, and

(b) each subsequent period of 3 years.

Commencement Information

I17 S. 17 in force at 1.4.2022 by S.S.I. 2021/464, reg. 2

Finance S

18 Grants and loans by Consumer Scotland S

(1) Consumer Scotland may make grants and loans to such persons as it considers appropriate for the purposes of, or in connection with, or where it appears to it to be otherwise conducive to, the performance of its functions.

(2) A grant or loan under subsection (1) is subject to such conditions (including conditions as to repayment) as Consumer Scotland may determine.

Commencement Information

I18 S. 18 in force at 1.4.2022 by S.S.I. 2021/464, reg. 2

Review of performance and modification of functions S

19 Review of Consumer Scotland's performance S

(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.

Commencement Information

I19 S. 19 in force at 1.4.2022 by S.S.I. 2021/464, reg. 2

20 Power to modify Consumer Scotland's functions S

(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.

Commencement Information

I20 S. 20 in force at 1.4.2022 by S.S.I. 2021/464, reg. 2

PART 2 S Consumer interests

21 Duty to have regard to consumer interests S

(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.

Commencement Information

I21 S. 21 in force at 1.4.2022 by S.S.I. 2021/464, reg. 2

22 Guidance about section 21 duty S

(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.

Commencement Information

I22 S. 22 in force at 1.4.2022 by S.S.I. 2021/464, reg. 2

23 Reporting on section 21 duty S

(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.

Commencement Information

I23 S. 23 in force at 1.4.2022 by S.S.I. 2021/464, reg. 2

PART 3 S Interpretation and final provisions

24 Meaning of “consumer” S

(1) In this Act, “consumer” means—

(a) an individual—

(i) who purchases, uses or receives, in Scotland, goods or services which are supplied in the course of a business carried on by the person supplying them, and

(ii) who is not purchasing, using or receiving the goods or services wholly or mainly in the course of a business carried on by the individual, or

(b) a business (including a business carried on by an individual)—

(i) which is no larger than a small business, and

(ii) which purchases, uses or receives, in Scotland, goods or services which are supplied in the course of a business carried on by the person supplying them.

(2) For the purposes of subsection (1)—

(a) a consumer includes both an existing consumer and a potential consumer,

(b) a person who uses services includes, in relation to postal services, an addressee.

Commencement Information

I24 S. 24 in force at 1.4.2022 by S.S.I. 2021/464, reg. 2

25 Interpretation S

In this Act—

• “business” includes a profession, a not for profit enterprise (within the meaning of section 252(1F) of the Town and Country Planning (Scotland) Act 1997) and the activities of any government department, local or public authority or other public body,

• “consumer” has the meaning given by section 24,

• “consumer matters” means—

  (a)

  the interests of consumers, and

  (b)

  any matter connected with those interests,

• “goods” includes land or an interest in land,

• “vulnerable consumers” means consumers who, by reason of their circumstances or characteristics—

  (a)

  may have significantly fewer or less favourable options as consumers than a typical consumer, or

  (b)

  are otherwise at a significantly greater risk of—

  (i)

  harm being caused to their interests as consumers, or

  (ii)

  harm caused to those interests being more substantial,

  than would be the case for a typical consumer.

26 Regulations S

(1) Any power conferred by this Act on the Scottish Ministers to make regulations includes the power to make—

(a) different provision for different cases or descriptions of case or for different purposes,

(b) such incidental, supplementary, consequential, transitional, transitory or saving provision as the Scottish Ministers consider necessary or expedient.

(2) Regulations under the following sections are subject to the affirmative procedure—

(a) section 9(2)(d),

(b) section 21(2).

(3) Regulations under section 20(1) or 27(1)—

(a) which add to, replace or omit any part of the text of an Act are subject to the affirmative procedure,

(b) otherwise, are subject to the negative procedure.

(4) Regulations under the following provisions are subject to the negative procedure—

(a) section 4(1)(c),

(b) section 5(1)(c),

(c) section 7(8),

(d) section 9(6)(a) and (b),

(e) section 13(2),

(f) paragraph 2(6) of schedule 1.

(5) This section does not apply to regulations under section 29(2).

27 Ancillary provision S

(1) The Scottish Ministers may by regulations make any incidental, supplementary, consequential, transitional, transitory or saving provision they consider appropriate for the purposes of, in connection with or for giving full effect to this Act or any provision made under it.

(2) Regulations under subsection (1) may modify any enactment (including this Act).

28 Amendment of public bodies legislation S

Schedule 2 amends other Acts so that their provisions apply to Consumer Scotland.

Commencement Information

I25 S. 28 in force at 1.4.2022 by S.S.I. 2021/464, reg. 2

29 Commencement S

(1) This section and sections 25, 26, 27 and 30 come into force on the day after Royal Assent.

(2) The other provisions of this Act come into force on such day as the Scottish Ministers may by regulations appoint.

(3) Regulations under subsection (2) may—

(a) make different provision for different purposes,

(b) include transitional, transitory or saving provision.

30 Short title S

The short title of this Act is the Consumer Scotland Act 2020.

SCHEDULE 1 S Consumer Scotland

(introduced by section 1(3))

Status S

1 (1) Consumer Scotland— S

(a) is not a servant or agent of the Crown, and

(b) does not enjoy any status, immunity or privilege of the Crown.

(2) Consumer Scotland's members are not to be regarded as civil servants.

Commencement Information

I26 Sch. 1 para. 1 in force at 1.4.2022 by S.S.I. 2021/464, reg. 2

Membership S

2 (1) Consumer Scotland is to consist of— S

(a) a member appointed by the Scottish Ministers to chair Consumer Scotland, and

(b) at least 2 but no more than 4 other members appointed by the Scottish Ministers.

(2) ​A member is appointed for such period not exceeding 5 years as the Scottish Ministers determine.

(3) The Scottish Ministers may reappoint as a member a person who is, or has been, a member of Consumer Scotland.

(4) The Scottish Ministers must, when appointing members of Consumer Scotland—

(a) do so in a manner which encourages equal opportunities and in particular the observance of the equal opportunity requirements,

(b) have regard to the desirability of having at least one member who has personal experience of being a vulnerable consumer or who otherwise has experience in dealing with or knowledge of the difficulties faced by vulnerable consumers.

(5) The Scottish Ministers may determine other terms and conditions of membership in relation to matters not covered by this Act.

(6) The Scottish Ministers may by regulations amend sub-paragraph (1)(b) to substitute for the minimum or maximum number of members for the time being specified such other number or numbers of members.

(7) In sub-paragraph (4)(a), “equal opportunities” and “equal opportunity requirements” have the same meanings as in Section L2 (equal opportunities) of Part 2 of schedule 5 of the Scotland Act 1998.

Commencement Information

I27 Sch. 1 para. 2 in force at 1.4.2022 by S.S.I. 2021/464, reg. 2

Persons who may not be members S

3 (1) The Scottish Ministers may not appoint a person as a member of Consumer Scotland if— S

(a) the person is—

(i) a member of the Scottish Parliament,

(ii) a member of the House of Commons,

(iii) a member of the House of Lords,

(iv) a member of the National Assembly for Wales,

(v) a member of the Northern Ireland Assembly,

(vi) a member of the European Parliament,

(vii) a councillor of a local authority,

(viii) the holder of any other relevant elective office within the meaning of paragraph 1(8) of schedule 7 of the Political Parties, Elections and Referendums Act 2000,

(ix) a member of the Scottish Government,

(x) a Minister of the Crown,

(xi) an office-holder of the Crown in right of Her Majesty's Government in the United Kingdom,

(xii) an office-holder in the Scottish Administration,

(xiii) a civil servant,

(b) the person is insolvent,

(c) the person is or has been disqualified as a company director under the Company Directors Disqualification Act 1986,

(d) the person is or has been disqualified as a charity trustee under the Charities and Trustee Investment (Scotland) Act 2005, or

(e) the person is or has been disqualified under any disqualification provision analogous to either of those mentioned in paragraphs (c) and (d), anywhere in the world.

(2) For the purposes of sub-paragraph (1)(b), a person becomes insolvent when—

(a) the person's estate is sequestrated,

(b) the person grants a trust deed for creditors or makes a composition or arrangement with creditors,

(c) the person is the subject of any other kind of arrangement analogous to either of those described in paragraphs (a) and (b), anywhere in the world.

Commencement Information

I28 Sch. 1 para. 3 in force at 1.4.2022 by S.S.I. 2021/464, reg. 2

Early termination of membership S

4 (1) A member of Consumer Scotland may resign by giving notice in writing to the Scottish Ministers. S

(2) A person's membership of Consumer Scotland ends if the person becomes disqualified as a member after appointment.

(3) A person becomes disqualified as a member after appointment if, during the person's period of appointment as a member, any of paragraphs (a) to (e) of paragraph 3(1) applies to the person.

(4) The Scottish Ministers may, by giving notice to the member in writing, remove a member if—

(a) the member has been absent, without reasonable excuse, from 3 consecutive meetings of Consumer Scotland, or

(b) the Scottish Ministers consider that the member is—

(i) unable to perform the functions of a member, or

(ii) unsuitable to continue as a member.​

Commencement Information

I29 Sch. 1 para. 4 in force at 1.4.2022 by S.S.I. 2021/464, reg. 2

Members' remuneration, allowances and pensions S

5 (1) Consumer Scotland may pay each member such remuneration and allowances (including expenses) as it, with the approval of the Scottish Ministers, determines. S

(2) Consumer Scotland may pay, or make arrangements for the payment of, such pensions, allowances and gratuities to, or in respect of, any person who is or has been a member of Consumer Scotland as it, with the approval of the Scottish Ministers, determines.

(3) Those arrangements may include—

(a) making payments towards the provision of those pensions, allowances and gratuities,

(b) providing and maintaining schemes for the payment of those pensions, allowances and gratuities.

(4) The reference in sub-paragraph (2) to pensions, allowances and gratuities includes pensions, allowances and gratuities by way of compensation for loss of office.

Commencement Information

I30 Sch. 1 para. 5 in force at 1.4.2022 by S.S.I. 2021/464, reg. 2

Chief executive and other staff S

6 (1) Consumer Scotland is to have, as a member of staff, a chief executive. S

(2) Consumer Scotland is to appoint each chief executive with the approval of the Scottish Ministers.

(3) The chief executive may not be a member of Consumer Scotland.

(4) Consumer Scotland may appoint other staff.

(5) The chief executive and other staff are appointed on such terms and conditions as Consumer Scotland, with the approval of the Scottish Ministers, determines.

Commencement Information

I31 Sch. 1 para. 6 in force at 1.4.2022 by S.S.I. 2021/464, reg. 2

Pensions of chief executive and other staff S

7 (1) Consumer Scotland may pay or make arrangements for the payment of pensions, allowances and gratuities to, or in respect of, any person who is or has been a member of staff of Consumer Scotland. S

(2) Those arrangements may include—

(a) making payments towards the provision of those pensions, allowances and gratuities,

(b) providing and maintaining schemes for the payment of those pensions, allowances and gratuities.

(3) The reference in sub-paragraph (1) to pensions, allowances and gratuities includes pensions, allowances and gratuities by way of compensation for loss of office.

Commencement Information

I32 Sch. 1 para. 7 in force at 1.4.2022 by S.S.I. 2021/464, reg. 2

Committees S

8 (1) Consumer Scotland may establish committees and sub-committees. S

(2) The membership of a committee or sub-committee may include or consist of persons who are not members of Consumer Scotland (but those persons are not entitled to vote at meetings).

(3) Consumer Scotland may—

(a) pay each member of a committee or sub-committee who is not a member of or a member of staff of Consumer Scotland remuneration and allowances (including expenses), and

(b) pay, or make arrangements for the payment of, allowances and gratuities to, or in respect of, any person who is or has been a member of a committee or sub-committee who is not a member of or a member of staff of Consumer Scotland.

(4) Those arrangements may include—

(a) making payments towards the provision of those allowances and gratuities,

(b) providing and maintaining schemes for the payment of those allowances and gratuities to, or in respect of, any person who is or has been a member of a committee or sub-committee.

(5) The reference in sub-paragraph (3) to allowances and gratuities include allowances and gratuities by way of compensation for loss of office as a member of a committee or sub-committee.

Commencement Information

I33 Sch. 1 para. 8 in force at 1.4.2022 by S.S.I. 2021/464, reg. 2

Authority to perform functions S

9 (1) ​Consumer Scotland may authorise— S

(a) any of its members,

(b) any committee or sub-committee established by it,

(c) its chief executive, or

(d) any other member of its staff,

to perform such of its functions (and to such extent) as it determines.

(2) But Consumer Scotland may not authorise another person to perform any of the following functions—

(a) approving any annual budget or financial plan,

(b) approving annual reports or accounts.

(3) The giving of authority under this paragraph to perform a function does not—

(a) affect Consumer Scotland's responsibility for the performance of the function, or

(b) prevent Consumer Scotland from performing the function itself.

Commencement Information

I34 Sch. 1 para. 9 in force at 1.4.2022 by S.S.I. 2021/464, reg. 2

Regulation of procedure S

10 S Consumer Scotland may regulate its own procedure (including quorum) and that of any committee or sub-committee.

Commencement Information

I35 Sch. 1 para. 10 in force at 1.4.2022 by S.S.I. 2021/464, reg. 2

Validity of things done S

11 S The validity of anything done by Consumer Scotland or its committees or sub-committees is not affected by—

(a) a vacancy in membership,

(b) a defect in the appointment of a member,

(c) the disqualification of a person as a member after appointment.

Commencement Information

I36 Sch. 1 para. 11 in force at 1.4.2022 by S.S.I. 2021/464, reg. 2

General powers S

12 S Consumer Scotland may do anything which appears to it—

(a) to be necessary or expedient for the purposes of, or in connection with, the performance of its functions, or

(b) to be otherwise conducive to the performance of its functions.

Commencement Information

I37 Sch. 1 para. 12 in force at 1.4.2022 by S.S.I. 2021/464, reg. 2

Location of office S

13 S Consumer Scotland's determination of the location of its office premises is subject to the approval of the Scottish Ministers.

Commencement Information

I38 Sch. 1 para. 13 in force at 1.4.2022 by S.S.I. 2021/464, reg. 2

SCHEDULE 2 S Application of public bodies legislation

(introduced by section 28)

Ethical Standards in Public Life etc. (Scotland) Act 2000 S

1 S In the Ethical Standards in Public Life etc. (Scotland) Act 2000, in schedule 3 (devolved public bodies), after the entry relating to Community Justice Scotland insert— “ Consumer Scotland ”.

Commencement Information

I39 Sch. 2 para. 1 in force at 1.4.2022 by S.S.I. 2021/464, reg. 2

Scottish Public Services Ombudsman Act 2002 S

2 S In the Scottish Public Services Ombudsman Act 2002, in schedule 2 (listed authorities), after paragraph 21ZZC insert—

“21ZZD Consumer Scotland.”.

Commencement Information

I40 Sch. 2 para. 2 in force at 1.4.2022 by S.S.I. 2021/464, reg. 2

Freedom of Information (Scotland) Act 2002 S

3 S In the Freedom of Information (Scotland) Act 2002, in Part 2 of schedule 1 (non-ministerial office holders in the Scottish Administration), after paragraph 7 insert—

“7ZA Consumer Scotland.”.

Commencement Information

I41 Sch. 2 para. 3 in force at 1.4.2022 by S.S.I. 2021/464, reg. 2

Public Appointments and Public Bodies etc. (Scotland) Act 2003 S

4 S In the Public Appointments and Public Bodies etc. (Scotland) Act 2003, in schedule 2 (the specified authorities), under the heading “Executive bodies”, after the entry relating to Community Justice Scotland insert— “ Consumer Scotland ”.

Commencement Information

I42 Sch. 2 para. 4 in force at 1.4.2022 by S.S.I. 2021/464, reg. 2

Public Services Reform (Scotland) Act 2010 S

5 S In the Public Services Reform (Scotland) Act 2010—

(a) in schedule 5 (improvement of public functions: listed bodies), under the heading “Scottish public authorities with mixed functions or no reserved functions”, after the entry relating to the Common Services Agency for the Scottish Health Service insert— “ Consumer Scotland ”,

(b) in schedule 8 (listed public bodies), after the entry relating to Community Justice Scotland insert— “ Consumer Scotland ”.

Commencement Information

I43 Sch. 2 para. 5 in force at 1.4.2022 by S.S.I. 2021/464, reg. 2

Public Records (Scotland) Act 2011 S

6 S In the Public Records (Scotland) Act 2011, in the schedule, under the heading “Scottish Administration” after the entry relating to the Chief Medical Officer of the Scottish Administration insert— “ Consumer Scotland ”.

Commencement Information

I44 Sch. 2 para. 6 in force at 1.4.2022 by S.S.I. 2021/464, reg. 2

Procurement Reform (Scotland) Act 2014 S

7 S In the Procurement Reform (Scotland) Act 2014, in Part 1 of the schedule (contracting authorities: Scottish Administration and Scottish Parliament), after paragraph 13C insert—

“13D Consumer Scotland”.

Commencement Information

I45 Sch. 2 para. 7 in force at 1.4.2022 by S.S.I. 2021/464, reg. 2

Gender Representation on Public Boards (Scotland) Act 2018 S

8 S In the Gender Representation on Public Boards (Scotland) Act 2018, in schedule 1 (public authorities), after the entry relating to Community Justice Scotland insert— “ Consumer Scotland ”.

Commencement Information

I46 Sch. 2 para. 8 in force at 1.4.2022 by S.S.I. 2021/464, reg. 2

Islands (Scotland) Act 2018 S

9 S In the Islands (Scotland) Act 2018, in the schedule, under the heading “Scottish public authorities with mixed functions or no reserved functions”, after the entry relating to Children's Hearings Scotland insert—

“9A Consumer Scotland”.

Commencement Information

I47 Sch. 2 para. 9 in force at 1.4.2022 by S.S.I. 2021/464, reg. 2