Textual Amendments
F1Pt. 1 heading substituted (1.4.2014) 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. 2014/631), art. 1(3), Sch. 1 para. 12(2) (with Sch. 1 para. 28, Sch. 2 paras. 13-15)
Textual Amendments
F2Words in s. 37 cross-heading substituted (1.4.2014) 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. 2014/631), art. 1(3), Sch. 1 para. 12(38) (with Sch. 1 para. 28, Sch. 2 paras. 13-15)
(1) The Secretary of State may, by order, confer on [F4Citizens Advice or Citizens Advice Scotland] any other function or functions if the Secretary of State considers that it is in the interests of consumers generally, or consumers of a particular description, to do so.
(2) The Secretary of State may only confer a function on [F5Citizens Advice or Citizens Advice Scotland] under this section if the function appears to the Secretary of State to be connected (directly or indirectly) to an existing or former function of the Council.
(3)Before making an order under subsection (1), the Secretary of State must consult—
(a)[F6the body on which the Secretary of State proposes to confer a function or functions],
(b)if it appears to the Secretary of State that the exercise of any function conferred by the order might affect Wales in relation to any matter as respects which functions are exercisable by the Welsh Ministers, those Ministers, and
(c)such other persons as the Secretary of State considers appropriate.
[F7(3A)An order under this section may not—
(a) confer a function on Citizens Advice or Citizens Advice Scotland, or
(b) modify a function conferred on Citizens Advice or Citizens Advice Scotland by an order under this section,
unless that body consents to the conferring or modifying of the function.]
(4)An order under this section may not make provision which would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament.
(5)An order under this section which makes provision which would be within the legislative competence of the National Assembly for Wales if it were contained in [F8an Act of the Assembly] may only be made with the consent of the Assembly.
(6) In subsection (5) “ the Assembly Act provisions ” has the meaning given by section 103(8) of the Government of Wales Act 2006 (c. 32).
Textual Amendments
F3Words in s. 37 heading substituted (1.4.2014) 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. 2014/631), art. 1(3), Sch. 1 para. 12(39)(a) (with Sch. 1 para. 28, Sch. 2 paras. 13-15)
F4Words in s. 37(1) substituted (1.4.2014) 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. 2014/631), art. 1(3), Sch. 1 para. 12(39)(b) (with Sch. 1 para. 28, Sch. 2 paras. 13-15)
F5Words in s. 37(2) substituted (1.4.2014) 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. 2014/631), art. 1(3), Sch. 1 para. 12(39)(c) (with Sch. 1 para. 28, Sch. 2 paras. 13-15)
F6Words in s. 37(3)(a) substituted (1.4.2014) 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. 2014/631), art. 1(3), Sch. 1 para. 12(39)(d) (with Sch. 1 para. 28, Sch. 2 paras. 13-15)
F7S. 37(3A) inserted (1.4.2014) 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. 2014/631), art. 1(3), Sch. 1 para. 12(39)(e) (with Sch. 1 para. 28, Sch. 2 paras. 13-15)
F8Words in s. 37(5) substituted (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 6 para. 70 (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(r)
Commencement Information
I1 S. 37 in force at 1.10.2008 by S.I. 2008/2550 , art. 2 , Sch.
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Textual Amendments