Part 1THE CONSUMER ADVOCACY BODIES

Alteration of the functions of Citizens Advice and Citizens Advice Scotland

37 F1Extension of the functions of Citizens Advice and Citizens Advice Scotland

(1)

The Secretary of State may, by order, confer on F2Citizens 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 F3Citizens 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)

F4the 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.

F5(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 F6an 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).