Consumer Scotland Act 2020

Review of performance and modification of functions

19 Review of Consumer Scotland’s performance

(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.

20 Power to modify Consumer Scotland’s functions

(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.