Part 1

THE CONSUMER ADVOCACY BODIES

Information

Provision of information to the consumer advocacy bodies
24
1
A consumer advocacy body may, by notice, require a person within subsection (3) to supply it with such information as is specified or described in the notice within such reasonable period as is so specified.
2
In the case of the GCCNI, the information specified or described in a notice under subsection (1) must be information the GCCNI requires for the purpose of exercising its functions.
2A
In the case of
Citizens Advice
, Citizens Advice Scotland or Consumer Scotland
, the information specified or described in a notice under subsection (1) must be information it requires—
a
for the purpose of exercising a function conferred on it by or under an enactment, or
b
for the purpose of exercising a function it has that—
i
is not conferred by or under an enactment, and
ii
corresponds to a function conferred on the
GCCNI
under section 8, 9, 10, 11 or 19, disregarding for these purposes the limitations relating to postal services in Northern Ireland in sections 1(4) and 11(1).
2B
For the purposes of subsection (2A) “enactment” means an Act, an Act of the Scottish Parliament, a measure or Act of the National Assembly for Wales or Northern Ireland legislation.
3
The persons referred to in subsection (1) are—
a
the Competition and Markets Authority;
b
a designated regulator;
c
any 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 Secretary of State by order for the purposes of this subsection.
4
A notice under subsection (1) may specify the manner and form in which any information is to be provided.
5
Before giving a notice under subsection (1), or specifying the manner or form in which any information is to be provided, a consumer advocacy body must have regard to the desirability of minimising the costs, or any other detriment, to the person to whom the notice is to be given.
6
If a person within subsection (3)(a) or (b) fails to comply with a notice under subsection (1), the person must, if so required by the consumer advocacy body in question, give notice to that body of the reasons for the failure.
7
An order under subsection (3)(d) may provide either—
a
that subsection (6) is to apply in relation to a person specified or of a description specified by the order as it applies to a person within subsection (3)(a) or (b), or
b
that section 26 is to apply in relation to such a person.
8
A consumer advocacy body may publish any notice received under subsection (6).
8A
Information provided to a consumer advocacy body because of a notice under subsection (1) may be provided by that body to the other consumer advocacy bodies.
9
In this section—
- “
designated regulator
” means—
  1. the Gas and Electricity Markets Authority;
  2. the Office of Communications;
  3. the Water Services Regulation Authority;
  4. the Water Industry Commission for Scotland;
  5. any other person prescribed by the Secretary of State by order for the purposes of this subsection;
- “
goods
” includes land or an interest in land.
S. 24 in force at 1.10.2008 by S.I. 2008/2550 , art. 2 , Sch.
Words in s. 24(9) inserted (S.) (15.8.2011) by Public Services Reform (Scotland) Act 2010 (asp 8) , s. 134(7) (8) , Sch. 2 para. 19 ; S.S.I. 2011/278 , art. 2(d)
Words in s. 24(9) substituted (1.10.2011) by Postal Services Act 2011 (c. 5) , s. 93(2) (3) , Sch. 12 para. 179 ; S.I. 2011/2329 , art. 3
Words in s. 24 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(27)(a) (with Sch. 1 para. 28, Sch. 2 para. 13-15)
S. 24(2A)(2B) 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(27)(d) (with Sch. 1 para. 28, Sch. 2 paras. 13-15)
S. 24(8A) 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(27)(h) (with Sch. 1 para. 28, Sch. 2 paras. 13-15)
Words in s. 24(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(27)(b) (with Sch. 1 para. 28, Sch. 2 paras. 13-15)
Words in s. 24(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(27)(c)(i) (with Sch. 1 para. 28, Sch. 2 paras. 13-15)
Words in s. 24(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(27)(c)(ii) (with Sch. 1 para. 28, Sch. 2 paras. 13-15)
Words in s. 24(5) 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(27)(e) (with Sch. 1 para. 28, Sch. 2 paras. 13-15)
Words in s. 24(6) 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(27)(f)(i) (with Sch. 1 para. 28, Sch. 2 paras. 13-15)
Words in s. 24(6) 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(27)(f)(ii) (with Sch. 1 para. 28, Sch. 2 paras. 13-15)
Words in s. 24(8) 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(27)(g) (with Sch. 1 para. 28, Sch. 2 paras. 13-15)
Words in s. 24(3)(a) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 173 (with art. 3)
Pt. 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)
Words in s. 24(2A) substituted (13.1.2022) by The Consumer Scotland Act 2020 (Consequential Provisions and Modifications) Order 2022 (S.I. 2022/34), art. 1(1), Sch. para. 7(9) (with art. 5)
S. 24 power to apply (with modifications) conferred (26.10.2023) by Energy Act 2023 (c. 52), s. 334(2)(l), Sch. 18 para. 61(2)
Pt. 1: power to apply (with modifications) conferred (26.10.2023) by Energy Act 2023 (c. 52), s. 334(2)(l), Sch. 18 para. 61(1)
Pt. 1: power to extend (N.I.) conferred (26.10.2023) by Energy Act 2023 (c. 52), s. 334(2)(l), Sch. 18 para. 61(3)
Pt. 1 applied (with modifications) (1.4.2025 for specified purposes) by The Heat Networks (Market Framework) (Great Britain) Regulations 2025 (S.I. 2025/269), regs. 1(3)(d)(4), 54