SCHEDULE 1Transfer of certain functions of the National Consumer Council, transfer of certain consumer advice scheme functions of the OFT and consequential, supplementary, incidental and transitional provision
PART 1Amendments to Acts
Public Records Act 19581
In Part 2 of Schedule 1 to the Public Records Act 195821 (definition of public record: other establishments and organisations) omit the entry relating to the National Consumer Council.
Parliamentary Commissioner Act 19672
In Schedule 2 to the Parliamentary Commissioner Act 196722 (departments etc. subject to investigation) omit the entry relating to the National Consumer Council.
House of Commons Disqualification Act 19753
In Schedule 1 to the House of Commons Disqualification Act 197523 (offices disqualifying for membership)—
a
in Part 2 (bodies of which all members are disqualified)24 omit the entry relating to the National Consumer Council;
b
in Part 3 (other disqualifying offices)25 omit the entry relating to a member of a committee of the National Consumer Council established under section 1 of, or paragraph 12 of Schedule 1 to, the Consumers, Estate Agents and Redress Act 2007.
Gas Act 19864
1
The Gas Act 198626 is amended as follows.
2
In section 4AB (guidance on social and environmental matters)27, in subsection (3) for paragraph (b) substitute—
b
Citizens Advice;
ba
Citizens Advice Scotland;
3
In section 6A (exemptions from prohibition)28, in subsection (1B)(a) for “and the Council” substitute “, Citizens Advice and Citizens Advice Scotland”.
4
In section 8 (standard conditions of licences)29, in subsection (5)(b) for “and to the Council” substitute “, to Citizens Advice and to Citizens Advice Scotland”.
5
In section 23 (modifications of conditions of licences)30, in subsection (4)(b)—
a
omit the “and” following sub-paragraph (iii);
b
for sub-paragraph (iv) substitute—
iv
Citizens Advice, and
v
Citizens Advice Scotland.
6
In section 23B (appeal to the Competition Commission)31—
a
in subsection (2)(d) for “the Council” substitute “Citizens Advice or Citizens Advice Scotland or those bodies acting jointly”;
b
in subsection (4)(c) for “by the Council,” substitute “by Citizens Advice or Citizens Advice Scotland or those bodies acting jointly,”.
7
In section 27A (determination of certain disputes)32, in subsection (1)(a) for the words from “Authority by” to “the Council;” substitute—
Authority—
i
by either party, or
ii
with the consent of either party, by Citizens Advice or Citizens Advice Scotland or Citizens Advice and Citizens Advice Scotland acting jointly;
8
In section 30A (penalties)33, in subsection (7)—
a
omit the “and” following paragraph (b);
b
for paragraph (c) substitute—
c
by serving a copy of the notice on Citizens Advice; and
d
by serving a copy of the notice on Citizens Advice Scotland.
9
In section 33AB (standards of performance in individual cases: disputes)34, in subsection (1)—
a
in paragraph (a) for the words from “Authority by” to “the Council;” substitute—
Authority—
i
by either party, or
ii
with the consent of either party, by Citizens Advice or Citizens Advice Scotland or Citizens Advice and Citizens Advice Scotland acting jointly;
b
in paragraph (b) for “the Council” substitute “Citizens Advice or Citizens Advice Scotland”.
10
In section 33BAA (procedures for prescribing or determining standards of performance)35, in subsection (1)(c) for “the Council” substitute “Citizens Advice and Citizens Advice Scotland”.
11
In section 33BC (promotion of reductions in carbon emissions: gas transporters and gas suppliers)36, in subsection (11) for “the Council” substitute “Citizens Advice, Citizens Advice Scotland”.
12
In section 33DA (publication of statistical information about standards of performance)37—
a
in subsection (1) for the words from the beginning to “considers appropriate” substitute “It shall be the duty of both Citizens Advice and Citizens Advice Scotland to secure the publication, in such form and manner and with such frequency as the particular body thinks appropriate, of such statistical information as the particular body considers appropriate”;
b
after subsection (1) insert—
1A
Citizens Advice and Citizens Advice Scotland may comply with the duty in subsection (1) by publishing information jointly or by securing that information is published on behalf of both of them.
c
in subsection (2) for “or the Council” substitute “, Citizens Advice or Citizens Advice Scotland”.
13
In section 41D (application by Authority for order including new activities)38, in subsection (2) for “the Council” substitute “Citizens Advice and Citizens Advice Scotland”.
14
In section 41E (references to Competition Commission)39, in subsection (4) for “the Council” substitute “Citizens Advice and Citizens Advice Scotland”.
15
In section 41F (reports on references)40—
a
in subsection (7)—
i
for “send another copy to the Council” substitute “send a copy of the report to Citizens Advice and Citizens Advice Scotland”;
ii
for “that other copy” substitute “the copy sent to Citizens Advice and Citizens Advice Scotland”;
b
in subsection (8), for “the Council” substitute “Citizens Advice and Citizens Advice Scotland”.
16
In section 41G (application by Authority for order excluding activities)41, in subsection (2)(a) for “and the Council” substitute “, Citizens Advice and Citizens Advice Scotland”.
17
In section 41H (consultation by Secretary of State about order excluding activities)42, in subsection (2)(a) for “and the Council” substitute “, Citizens Advice and Citizens Advice Scotland”.
18
In section 41I (service by Authority of certain notices on Council)43—
a
in the heading for “Council” substitute “Citizens Advice and Citizens Advice Scotland”;
b
for “the Council” substitute “Citizens Advice and Citizens Advice Scotland”.
19
In section 66 (general interpretation)44—
a
at the appropriate place insert—
“Citizens Advice” means the National Association of Citizens Advice Bureaux;
“Citizens Advice Scotland” means the Scottish Association of Citizens Advice Bureaux;
b
omit the definition of “the Council”.
20
In Schedule 2B (the gas code)—
a
in paragraph 6A(4)45, for paragraph (a) substitute—
a
Citizens Advice;
aa
Citizens Advice Scotland;
b
in paragraph 8(11)(b)46 for “and to the Council” substitute “, to Citizens Advice and to Citizens Advice Scotland”.
Electricity Act 19895
1
The Electricity Act 198947 is amended as follows.
2
In section 3B (guidance on social and environmental matters)48, in subsection (3) for paragraph (b) substitute—
b
Citizens Advice;
ba
Citizens Advice Scotland;
3
In section 5 (exemptions from prohibition), in subsection (3)(a) for “and the Council” substitute “, Citizens Advice and Citizens Advice Scotland”.
4
In section 8A (standard conditions of licences)49, in subsection (4)(b) for “and the Council” substitute “, Citizens Advice and Citizens Advice Scotland”.
5
In section 11A (modification of conditions of licences)50, in subsection (4)(b)—
a
omit the “and” after sub-paragraph (ii);
b
for sub-paragraph (iii) substitute—
iii
Citizens Advice, and
iv
Citizens Advice Scotland.
6
In section 11C (appeal to the Competition Commission)51—
a
in subsection (2)(d), for “the Council” substitute “Citizens Advice or Citizens Advice Scotland or those bodies acting jointly”;
b
in subsection (4)(c) for “the Council” substitute “Citizens Advice or Citizens Advice Scotland or those bodies acting jointly”.
7
In section 23 (determination of disputes)52, in subsection (1A)(a) for the words from “Authority by” to “the Council;” substitute—
Authority—
i
by either party, or
ii
with the consent of either party, by Citizens Advice or Citizens Advice Scotland or Citizens Advice and Citizens Advice Scotland acting jointly;
8
In section 27A (penalties)53, in subsection (7)—
a
omit the “and” following paragraph (b);
b
for paragraph (c) substitute—
c
by serving a copy of the notice on Citizens Advice; and
d
by serving a copy of the notice on Citizens Advice Scotland.
9
In section 32L (renewables obligation orders: procedure)54, in subsection (1), for paragraph (b) substitute—
b
Citizens Advice,
ba
Citizens Advice Scotland,
10
In section 39B (standards of performance in individual cases: disputes)55, in subsection (1)—
a
in paragraph (a) for the words from “the Authority” to “the Council;” substitute—
Authority—
i
by either party, or
ii
with the consent of either party, by Citizens Advice or Citizens Advice Scotland or Citizens Advice and Citizens Advice Scotland acting jointly;
b
in paragraph (b) for “the Council” substitute “Citizens Advice or Citizens Advice Scotland”.
11
In section 40B (procedures for prescribing or determining standards of performance)56, in subsection (1)(c) for “the Council” substitute “Citizens Advice and Citizens Advice Scotland”.
12
In section 41A57 (promotion of reductions in carbon emissions: electricity distributors and electricity suppliers), in subsection (11) for “the Council” substitute “Citizens Advice, Citizens Advice Scotland”.
13
In section 42AA (publication of statistical information about standards of performance)58—
a
in subsection (1) for the words from the beginning to “considers appropriate” substitute “It shall be the duty of both Citizens Advice and Citizens Advice Scotland to secure the publication, in such form and manner and with such frequency as the particular body thinks appropriate, of such statistical information as the particular body considers appropriate”;
b
after subsection (1) insert—
1A
Citizens Advice and Citizens Advice Scotland may comply with the duty in subsection (1) by publishing information jointly or by securing that information is published on behalf of both of them.
c
in subsection (2) for “or the Council” substitute “, Citizens Advice or Citizens Advice Scotland”.
14
In section 56B (application by Authority for order including new activities)59, in subsection (2) for “the Council” substitute “Citizens Advice and Citizens Advice Scotland”.
15
In section 56C (references to Competition Commission)60, in subsection (4) for “the Council” substitute “Citizens Advice and Citizens Advice Scotland”.
16
In section 56D (reports on references)61—
a
in subsection (7)—
i
for “send another copy to the Council” substitute “send a copy of the report to Citizens Advice and Citizens Advice Scotland”;
ii
for “that other copy” substitute “the copy sent to Citizens Advice and Citizens Advice Scotland”;
b
in subsection (8) for “the Council” substitute “Citizens Advice and Citizens Advice Scotland”.
17
In section 56E (application by Authority for order excluding activities)62, in subsection (2)(a) for “the Council” substitute “, Citizens Advice and Citizens Advice Scotland”.
18
In section 56F (consultation by Secretary of State about order excluding activities)63, in subsection (2)(a) for “and the Council” substitute “, Citizens Advice and Citizens Advice Scotland”.
19
In section 56G (service by Authority of certain notices on Council)64—
a
in the heading for “Council” substitute “Citizens Advice and Citizens Advice Scotland”;
b
for “the Council” substitute “Citizens Advice and Citizens Advice Scotland”.
20
In section 111 (general interpretation)65, in subsection (1)—
a
at the appropriate place insert—
“Citizens Advice” means the National Association of Citizens Advice Bureaux;
“Citizens Advice Scotland” means the Scottish Association of Citizens Advice Bureaux;
b
omit the definition of “the Council”.
21
In Schedule 6 (the electricity code) in paragraph 3(10)(b)66 for “and to the Council” substitute “, to Citizens Advice and to Citizens Advice Scotland”.
22
In Schedule 7 (use etc. of electricity meters), in paragraph 12(5), for paragraph (a) substitute—
a
Citizens Advice;
aa
Citizens Advice Scotland;
Water Industry Act 19916
In Schedule 15 to the Water Industry Act 199167, in Part 1 (persons in respect of whose functions disclosure may be made)—
a
after the entry for the Office of Rail Regulation insert—
The National Association of Citizens Advice Bureaux.
b
omit the entry relating to the National Consumer Council.
Postal Services Act 20007
1
The Postal Services Act 200068 is amended as follows.
2
In section 93 (power to modify sections 89 to 92)69, in subsection (2) for “the Council” substitute “, Citizens Advice, Citizens Advice Scotland, the GCCNI”.
3
In section 102 (power to ensure compliance with the Postal Services Directive)70—
a
in subsection (3)(a) for “or the Council” substitute “, Citizens Advice, Citizens Advice Scotland or the GCCNI”;
b
after subsection (5) insert—
6
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
In section 125 (interpretation), in subsection (1)—
a
omit the definition of “the Council”;
b
at the appropriate place insert—
“Citizens Advice” means the National Association of Citizens Advice Bureaux,
“Citizens Advice Scotland” means the Scottish Association of Citizens Advice Bureaux,
“the GCCNI” means the General Consumer Council for Northern Ireland,
Utilities Act 20008
1
The Utilities Act 200071 is amended as follows.
2
In section 3 (transfer to Authority and Council of functions, property etc.)—
a
in the heading omit “and Council”;
b
in subsection (3) omit “or to the Council”;
c
omit subsection (4);
d
in subsection (8) omit “or Council”.
3
In section 4 (forward work programmes)72, in subsection (6) for “the Council” substitute “Citizens Advice and Citizens Advice Scotland”.
4
In section 5 (annual and other reports of Authority)73, in subsection (7) for “the Council” substitute “Citizens Advice and Citizens Advice Scotland”.
5
Omit section 7 (co-operation between Authority and Council).
6
In section 8 (payments by licence holders relating to new arrangements)74—
a
in subsection (3A)—
i
omit paragraphs (a) and (b);
ii
after paragraph (b) insert—
ba
the appropriate proportion of the expenses of Citizens Advice (including expenses relating to taking on functions transferred from the National Consumer Council but not including expenses within paragraph (ca));
bb
the appropriate proportion of the expenses of Citizens Advice Scotland (including expenses relating to taking on functions transferred from the National Consumer Council but not including expenses within paragraph (cb));
iii
in paragraph (c) omit “the Council,”;
iv
after paragraph (c) insert—
ca
the appropriate proportion of the expenses of Citizens Advice which relate to a transfer scheme made in respect of the National Consumer Council under section 23 of the Public Bodies Act 2011;
cb
the appropriate proportion of the expenses of Citizens Advice Scotland which relate to a transfer scheme made in respect of the National Consumer Council under section 23 of the Public Bodies Act 2011;
v
after paragraph (d) insert—
da
the appropriate proportion of the expenses of the Secretary of State which relate to the abolition of the National Consumer Council and the transfer of functions to Citizens Advice and Citizens Advice Scotland;
db
the appropriate proportion of the expenses of the Secretary of State which relate to the transfer of functions and the conferring of functions on Citizens Advice and Citizens Advice Scotland 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/…);
dc
the appropriate proportion of the expenses of the Secretary of State which relate to a transfer scheme made in respect of the National Consumer Council under section 23 of the Public Bodies Act 2011;
b
in subsection (3B)—
i
in paragraph (a) for “subsection (3A)(a) or (b)” substitute “subsection (3A)(ba), (bb), (ca), (cb) or (db)”;
ii
in paragraph (a) for “the Council” substitute “Citizens Advice or Citizens Advice Scotland, as the case may be,”;
iii
omit the “and” after paragraph (a);
iv
after paragraph (a) insert—
aa
in the case of expenses within subsection (3A)(da) or (dc), the functions exercised by the National Consumer Council in relation to gas and electricity consumers, and
c
in subsection (4)—
i
omit paragraph (a) and the “or” following it;
ii
after paragraph (b) insert—
c
the abolition of the National Consumer Council, or
d
the conferring of functions which are exercisable in relation to gas and electricity consumers on Citizens Advice or Citizens Advice Scotland 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/...).
d
in subsection (10), omit the definitions of—
i
“Citizens Advice”, and
ii
“Citizens Advice Scotland”.
7
In section 103 (overall carbon emissions reduction targets)75, in subsection (4) for “the Council” substitute “Citizens Advice, Citizens Advice Scotland”.
8
In section 103A (overall home heating cost reduction targets)76, in subsection (5) for “the Council” substitute “Citizens Advice, Citizens Advice Scotland”.
9
In section 105 (general restrictions on disclosure of information)—
a
in subsection (3)(a) for “the Council” substitute “Citizens Advice, Citizens Advice Scotland”;
b
in subsection (5)—
i
omit the “and” after paragraph (l);
ii
for paragraph (m) substitute—
m
Citizens Advice, and
n
Citizens Advice Scotland.
c
in subsection (11A) for “the Council” substitute “Citizens Advice or Citizens Advice Scotland”.
10
In section 106 (interpretation)77, in subsection (1)—
a
at the appropriate place insert—
“Citizens Advice” means the National Association of Citizens Advice Bureaux;
“Citizens Advice Scotland” means the Scottish Association of Citizens Advice Bureaux;
b
omit the definition of “Council”.
Warm Homes and Energy Conservation Act 20009
1
The Warm Homes and Energy Conservation Act 200078 is amended as follows.
2
In section 2 (strategy relating to fuel poverty), in subsection (4)(c) for “the National Consumer Council” substitute “Citizens Advice”.
3
In section 4 (interpretation, short title, commencement and extent), after subsection (1) insert—
1A
In this Act “Citizens Advice” means the National Association of Citizens Advice Bureaux.
Freedom of Information Act 200010
1
In Schedule 1 to the Freedom of Information Act 200079 (list of public authorities), Part 6 (other public bodies and offices: general) is amended as follows.
2
In the entry relating to the National Association of Citizens Advice Bureaux—
a
for “Bureaux, in” substitute—
Bureaux—
a
in
b
after the paragraph (a) so formed insert—
b
in respect of information relating to the functions transferred to it by Article 3(1)(a), (b) or (c) of 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/…).
3
Omit the entry relating to the National Consumer Council.
Communications Act 200311
1
The Communications Act 200380 is amended as follows.
2
In section 17 (membership etc. of the Consumer Panel)81—
a
in subsection (4A) for paragraphs (a) and (b) substitute—
a
is an employee of the National Association of Citizens Advice Bureaux (“Citizens Advice”), and
b
is nominated for the purposes of this subsection by Citizens Advice after consultation with OFCOM.
b
in subsection (4B) for “a member of the National Consumer Council” substitute “an employee of Citizens Advice”;
c
after subsection (4B) insert—
4BA
The Secretary of State may direct OFCOM to appoint as a member of the Consumer Panel a person specified by the Secretary of State who—
a
is an employee of the Scottish Association of Citizens Advice Bureaux (“Citizens Advice Scotland”) Citizens Advice Scotland, and
b
is nominated for the purposes of this subsection by Citizens Advice Scotland after consultation with OFCOM.
4BB
Only one person may, at any time, be a member of the Consumer Panel appointed in accordance with a direction under subsection (4BA); but that does not prevent OFCOM appointing as a member of the Consumer Panel any person who is also an employee of Citizens Advice Scotland.
d
for subsection (4C) substitute—
4C
A person appointed in accordance with a direction under subsection (4A) or (4BA) ceases to be a member of the Consumer Panel—
a
on ceasing to be an employee of Citizens Advice or, as the case may be, Citizens Advice Scotland, or
b
if Citizens Advice or, as the case may be, Citizens Advice Scotland decide that the person is no longer to be on the Consumer Panel.
e
in subsection (5) after “to (4A)” insert “and (4BA)”.
Consumers, Estate Agents and Redress Act 200712
1
The 2007 Act82 is amended as follows.
2
For the heading to Part 1 substitute “THE CONSUMER ADVOCACY BODIES”.
3
For the italic heading before section 1 substitute “The consumer advocacy bodies”.
4
For section 1 (establishment of the National Consumer Council and its territorial committees) substitute—
1The consumer advocacy bodies
1
In this Act—
“Citizens Advice” means the National Association of Citizens Advice Bureaux;
“Citizens Advice Scotland” means the Scottish Association of Citizens Advice Bureaux;
“the GCCNI” means the General Consumer Council for Northern Ireland.
2
Except where this Act otherwise provides, a reference in this Act to a consumer advocacy body is a reference to—
a
Citizens Advice,
b
Citizens Advice Scotland, or
c
the GCCNI.
3
Except where this Act otherwise provides, Citizens Advice and Citizens Advice Scotland may jointly carry out a function conferred by or under this Act on Citizens Advice or Citizens Advice Scotland, and each may if the other agrees carry out on behalf of the other a function conferred on the other by or under this Act.
4
A function conferred on the GCCNI by this Act may be exercised by the GCCNI only in relation to consumer matters that relate to postal services in Northern Ireland.
5
Omit section 2 (the territorial committees).
6
In section 4 (“designated consumers”), in subsection (4) (consultation before making an order), for paragraph (a) substitute—
a
except in the case of an order which relates only to consumers in Northern Ireland, Citizens Advice,
aa
in the case of a relevant order other than one relating only to consumers in Northern Ireland or consumers within subsection (3), Citizens Advice Scotland,
ab
in the case of an order which relates to consumers in Northern Ireland in relation to postal services, the GCCNI,
7
In section 5 (forward work programmes)—
a
in the heading, at the end insert “of the GCCNI”;
b
in subsection (1)—
i
for “The Council” substitute “The GCCNI”;
ii
for “before each financial year” substitute “before each programme year”;
iii
in paragraph (a) for “the Council” substitute “the GCCNI”;
iv
in paragraph (c) for “the Council” substitute “the GCCNI”;
c
in subsection (3)—
i
in paragraph (a) for “the Council” substitute “the GCCNI”;
ii
in paragraph (b) for “the Council” substitute “the GCCNI”;
d
omit subsection (4);
e
after subsection (4) insert—
4A
In preparing a draft of the forward work programme for any year, the GCCNI must consult—
a
Citizens Advice, and
b
Citizens Advice Scotland.
f
in subsection (5) for “the Council” substitute “the GCCNI”;
g
in subsection (6) for “the Council” substitute “the GCCNI”;
h
in subsection (7)—
i
for “The Council” substitute “The GCCNI”;
ii
omit paragraphs (b) and (c);
iii
in paragraph (e) for “the Council” substitute “the GCCNI”;
i
after subsection (7) insert—
8
References in this section to “designated consumers” are references to designated consumers who are consumers in relation to postal services in Northern Ireland.
9
In this section “programme year” means—
a
the period beginning on 1st April 2014 and ending with the next following 31st March, and
b
each successive period of 12 months.
8
In section 6 (general provision about functions)83—
a
in the heading, at the end insert “of the GCCNI”;
b
in the following provisions for “the Council” substitute “the GCCNI”—
i
subsection (1);
ii
subsection (7) (in both places);
c
in the following provisions for “The Council” substitute “The GCCNI”—
i
subsection (2);
ii
subsection (3);
iii
subsection (4);
iv
subsection (6);
v
subsection (8);
d
omit subsection (9).
9
After section 6 insert—
Exercise of functions of consumer advocacy bodies6A
Subject to section 13 (investigation of complaints relating to the disconnection of gas or electricity), nothing in this Part imposes on a consumer advocacy body a duty to exercise any of its functions on behalf of or at the request of a particular consumer.
10
Omit section 7 (annual report) and the italic heading before it.
11
Omit section 7A (annual report on Scottish Water related activities)84.
12
In section 8 (the representative function)—
a
in subsection (1) for “The Council” substitute “The GCCNI”;
b
in subsection (2)(f) for “the Council” substitute “the GCCNI”.
13
In section 9 (the research function) for “The Council” substitute “The GCCNI”.
14
In section 10 (the information function)—
a
in subsection (1)—
i
for “The Council” substitute “The GCCNI”;
ii
in paragraph (a) for “the Council” substitute “the GCCNI”;
b
in subsection (2)—
i
for “the Council”, in the first place it occurs, substitute “the GCCNI”;
ii
in paragraph (a) for “the Council” substitute “the GCCNI”;
15
In section 11 (general powers of investigation)—
a
in subsection (1)—
i
for “The Council” substitute “The GCCNI”;
ii
in paragraph (a)—
aa
for “the Council” substitute “the GCCNI”;
bb
after “general relevance” insert “concerning consumer matters that relate to postal services in Northern Ireland.”;
iii
in paragraph (b)—
aa
for “the Council” substitute “the GCCNI”;
bb
for the words from “consumers generally” to the end substitute “consumers of postal services in Northern Ireland.”.
16
In section 12 (investigation of complaints made by vulnerable designated consumers)—
a
in subsection (2) for “the Council” substitute “the consumer advocacy body to which the complaint is referred”;
b
in subsection (3)—
i
for “the Council”, in the first place it occurs, substitute “a consumer advocacy body”;
ii
for “the Council”, in the second place it occurs substitute “that consumer advocacy body”;
c
in subsection (4)—
i
for “the Council”, in the first place it occurs, substitute “a consumer advocacy body”;
ii
for “the Council”, in the second place it occurs, substitute “that consumer advocacy body”;
d
after subsection (4) insert—
5
Where a complaint is referred to Citizens Advice or Citizens Advice Scotland, those bodies may agree that the complaint is to be treated as having been referred to the other of them.
6
If Citizens Advice and Citizens Advice Scotland so agree in a particular case, subsections (3) and (4) and sections 14(2) to (4) and 15(1) are to have effect accordingly.
17
In section 13 (investigation of complaints relating to disconnection of gas or electricity)—
a
in subsection (2)—
i
for “the Council”, in the first place it occurs, substitute “a consumer advocacy body”;
ii
for “the Council”, in the second place it occurs, substitute “that consumer advocacy body”;
b
in subsection (3)—
i
for “the Council” in the first place it occurs substitute “a consumer advocacy body”;
ii
for “the Council” in the second place it occurs, substitute “that consumer advocacy body”;
c
in subsection (4)—
i
for “The Council” substitute “A consumer advocacy body”;
ii
in paragraph (a) for “the Council” substitute “the consumer advocacy body”;
iii
in paragraph (c) for “the Council” substitute “the consumer advocacy body”;
iv
in paragraph (d) for “the Council” substitute “the consumer advocacy body”;
v
in paragraph (e), for “the Council”, in both places it occurs, substitute “the consumer advocacy body”;
d
in subsection (5)—
i
for “The Council” substitute “A consumer advocacy body”;
ii
for “the Council” substitute “the consumer advocacy body”;
e
after subsection (5) insert—
5A
Where a complaint is referred to Citizens Advice or Citizens Advice Scotland, those bodies may agree that the complaint is to be treated as having been referred to the other of them.
5B
If Citizens Advice or Citizens Advice Scotland so agree in a particular case, subsections (2) to (5) and section 14(2) to (4) are to have effect accordingly.
f
After subsection (6) insert—
6A
In this section, a reference to a consumer advocacy body does not include a reference to the GCCNI.
18
In section 14 (reference of matters to the Gas and Electricity Markets Authority)—
a
in subsection (2)—
i
for “the Council”, in the first place it occurs, substitute “the consumer advocacy body in question”;
ii
for “the Council”, in the second place it occurs, substitute “that body”;
b
in subsection (3) for “the Council” substitute “the consumer advocacy body in question”;
c
in subsection (4) for “the Council” substitute “the consumer advocacy body in question”;
d
after subsection (4) insert—
4A
In this section, a reference to a consumer advocacy body does not include a reference to the GCCNI.
19
In section 15 (reference of postal matters to OFCOM85—
a
in subsection (1)—
i
for “The Council” substitute “A consumer advocacy body”;
ii
for “the Council” substitute “that consumer advocacy body”;
b
in subsection (2) for “The Council” substitute “The consumer advocacy bodies”.
20
In section 16 (investigations relating to public post offices)86, for subsection (1) substitute—
1
Without prejudice to the generality of section 11—
a
Citizens Advice and Citizens Advice Scotland may investigate any matter relating to the number and location of public post offices in England, Wales and Scotland;
b
the GCCNI may investigate any matter relating to the number and location of public post offices in Northern Ireland.
21
In the italic heading before section 17, for “the Council” substitute “the consumer advocacy bodies”.
22
In section 17 (reports by the National Consumer Council)—
a
in the heading, for “the Council” substitute “the GCCNI”;
b
in subsections (1)—
i
for “The Council” substitute “The GCCNI”;
ii
at the end insert “under this Act.”;
c
in subsection (2) for “The Council” substitute “The GCCNI”.
23
In section 18 (Secretary of State’s power to require reports), in subsection (1)—
a
for “the Council” substitute “the GCCNI”;
b
after the words “consumer matters” insert “which relate to postal services in Northern Ireland”.
24
In section 19 (advice, information and guidance)—
a
in subsection (1) for “The Council” substitute “The GCCNI”;
b
in subsection (2)—
i
for “The Council” substitute “The GCCNI”;
ii
for “the Council” substitute “the GCCNI”.
25
In section 19A (guidance for energy consumers)87—
a
in subsection (1) for “The Council” substitute “A consumer advocacy body”;
b
in subsection (3) for “the Council” substitute “the consumer advocacy body in question”;
c
in subsection (4)(a) for “in the Council’s view” substitute “in the view of the consumer advocacy body in question”;
d
in subsection (5)—
i
for “the energy consumer guidance and the concise guidance” substitute “its energy consumer guidance and its concise guidance”;
ii
for “the Council” substitute “a consumer advocacy body”;
iii
in paragraph (c) for “the Council” substitute “the consumer advocacy body in question”;
e
for subsection (6) substitute—
6
A consumer advocacy body must publish the first version of its energy consumer guidance and its concise guidance on its website.
f
in subsection (7)—
i
for “the Council”, in the first place it occurs, substitute “a consumer advocacy body”;
ii
for “the energy consumer guidance and the concise guidance” substitute “its energy consumer guidance and its concise guidance”;
iii
for “the Council, in the second place it occurs, substitute “the consumer advocacy body”;
g
in subsection (8)—
i
for “The Council” substitute “A consumer advocacy body”;
ii
for “the energy consumer guidance and the concise guidance” substitute “its energy consumer guidance and its concise guidance”;
iii
for “the Council” substitute “the consumer advocacy body”;
iv
after subsection (8) insert—
8A
Until a consumer advocacy body has published the first version of its energy consumer guidance and its concise guidance, it must—
a
publish on its website, and
b
make available in any other manner that it thinks appropriate for the purpose of bringing them to the attention of those likely to be interested,
the last version of the energy consumer guidance and the concise guidance to be published by the National Consumer Council under this section (as it had effect immediately before the amendments made to this Act 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/…) came into force.
8B
Nothing in this section prevents a consumer advocacy body from publishing its energy consumer guidance or its concise summary in a document that includes the energy consumer guidance or, as the case may be, the concise summary of another consumer advocacy body.
8C
In this section, a reference to a consumer advocacy body does not include a reference to the GCCNI.
26
27
In section 24 (provision of information to the Council)90—
a
in the heading, for “the Council” substitute “the consumer advocacy bodies”;
b
in subsection (1) for “The Council” substitute “A consumer advocacy body”;
c
in subsection (2)—
i
for “The” substitute “In the case of the GCCNI, the”;
ii
for “the Council” substitute “the GCCNI”;
d
after subsection (2) insert—
2A
In the case of Citizens Advice or Citizens Advice 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.
e
in subsection (5) for “the Council” substitute “a consumer advocacy body”;
f
in subsection (6)—
i
for “the Council”, in the first place it occurs, substitute “the consumer advocacy body in question”;
ii
for “the Council”, in the second place it occurs, substitute “that body”;
g
in subsection (8) for “The Council” substitute “A consumer advocacy body”;
h
after subsection (8) insert—
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.
28
In section 25 (enforcement by regulator of section 24 notice)91—
a
in subsection (1) for “the Council” substitute “the consumer advocacy body in question”;
b
in subsections (4)(a) and (6) for “the Council” substitute “the consumer advocacy body”.
29
In section 26 (enforcement by court of section 24 notice), in subsection (3) for “The Council” substitute “The consumer advocacy body in question”.
30
In section 27 (provision of information by the Council)—
a
for “the Council” in the heading substitute “a consumer advocacy body”;
b
for subsection (1) substitute—
1
An authorised person may, by notice, require—
a
the GCCNI to supply it with such information in relation to consumer matters that relate to postal services in Northern Ireland, as is specified or described in the notice within such reasonable period as is so specified, or
b
Citizens Advice or Citizens Advice Scotland to supply it with such information relating to its functions conferred by or under section 24 or any other enactment as is specified or described in the notice within such reasonable period as is so specified.
1A
For the purpose of subsection (1)(b), “enactment” means any provision of an Act, Act of the Scottish Parliament, a Measure or Act of the National Assembly for Wales or Northern Ireland legislation.
c
in subsection (5) for “the Council” substitute “the consumer advocacy body in question”;
d
in subsection (6) for “the Council” substitute “a consumer advocacy body”.
31
In section 28 (exemptions from requirements to provide information), in subsection (1)(a) for “the Council” substitute “a consumer advocacy body”.
32
In section 29 (disclosure of information)92—
a
in subsection (3)—
i
in paragraph (a) for “the Council” substitute “Citizens Advice or Citizens Advice Scotland”;
ii
in paragraph (b) for “the Council” substitute “the consumer advocacy bodies”;
b
after subsection (3) insert—
3A
Citizens Advice and Citizens Advice Scotland are to be treated as public authorities for the purposes of section 238(1) of the Enterprise Act 2002 only so far as regards functions conferred on the body in question under or by virtue of—
a
the enactments mentioned in subsection (3), or
b
this Act.
3B
If and so far as a relevant function is exercisable by Citizens Advice or Citizens Advice Scotland it is to be regarded as a function of that body under this Act for the purpose of enabling that body to receive information under section 241(3) of the Enterprise Act 2002 (disclosure to facilitate the exercise of another person’s function).
3C
“Relevant function” means a function that—
a
is not conferred by or under an enactment, and
b
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).
c
in subsection (4)—
i
in paragraph (a) for “the Council” substitute “the GCCNI”;
ii
in paragraph (b) for “the Council” substitute “the GCCNI”;
iii
in paragraph (c) for “the Council” substitute “the GCCNI”;
iv
in paragraph (ca) for “the Council” substitute “Citizens Advice or Citizens Advice Scotland”;
v
in paragraph (ca) for “any of subsections (6) to (8)” substitute “subsection (7) or (8)”;
vi
in paragraph (cb) for “the Council” substitute “Citizens Advice or Citizens Advice Scotland”;
vii
in paragraph (e) for “the Council” substitute “a consumer advocacy body”;
viii
in paragraph (f) for “the Council” substitute “Citizens Advice or Citizens Advice Scotland”;
d
in subsection (5) for “the Council or” substitute “the consumer advocacy body in question or the”;
e
in subsection (6) for “the Council or”, in both places it occurs, substitute “the consumer advocacy body in question or the”.
33
In section 31 (designation of the Consumer Council for Water for abolition), in subsection (3)(b) for “the Council” substitute “Citizens Advice”.
34
In section 32 (transfer orders and abolition orders)—
a
in subsection (2) for “the Council” substitute “Citizens Advice”;
b
after subsection (4) insert—
4A
A transfer order may be made only with the consent of Citizens Advice.
35
In section 33 (supplementary provision about transfer and abolition orders)—
a
in subsection (4)—
i
in paragraph (a) for “the Council”, in the first place it occurs, substitute “Citizens Advice”;
ii
in paragraph (a) for “any expenses relating to the establishment of the Council” substitute “any expenses which relate to taking on functions transferred from the Consumer Council for Water”;
iii
in paragraph (b) for “the Council” substitute “Citizens Advice”;
iv
in paragraph (d) after “expenses of” insert “Citizens Advice”;
v
in paragraph (d) for “an OFT scheme” substitute “a qualifying consumer advice scheme”;
vi
in paragraph (e) for “the Office of Fair Trading” substitute “Citizens Advice”;
vii
in paragraph (e) for “any OFT scheme” substitute “a qualifying consumer advice scheme”;
b
in subsection (5)—
i
in paragraph (a) for “the Council” substitute “Citizens Advice”;
ii
in paragraph (b) for “the OFT scheme” substitute “a qualifying consumer advice scheme”;
c
after subsection (9) insert—
9A
For the purposes of this section a qualifying public consumer advice scheme is a scheme that is supported by Citizens Advice or Citizens Advice Scotland, or by them jointly, in a manner that the Office of Fair Trading is prohibited from supporting by section 8A of the Enterprise Act 2002.
d
in subsection (10), omit the definition of “OFT scheme”.
36
In section 35 (transfer of property etc)—
a
in subsection (1) omit paragraphs (a), (b) and (d);
b
in subsection (2) for “the Council”, in both places it occurs, substitute “Citizens Advice”;
c
in subsection (3)(a) for “the Council” substitute “Citizens Advice”;
d
in subsection (4) for “the Council” substitute “Citizens Advice”;
e
in subsection (7) for “the Council” substitute “Citizens Advice”;
37
In section 36 (directions), in subsection (5)(b) for “the Council” substitute “Citizens Advice”.
38
In the italic heading before section 37 for “the Council’s functions” substitute “the functions of Citizens Advice and Citizens Advice Scotland”.
39
In section 37 (extension of the Council’s functions: Great Britain—
a
for the heading substitute “Extension of the functions of Citizens Advice and Citizens Advice Scotland”;
b
in subsection (1) for “the Council” substitute “Citizens Advice or Citizens Advice Scotland”;
c
in subsection (2) for “the Council”, in the first place it occurs, substitute “Citizens Advice or Citizens Advice Scotland”;
d
in subsection (3)(a) for “the Council” substitute “the body on which the Secretary of State proposes to confer a function or functions”;
e
after subsection (3) insert—
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.
40
41
After section 40 insert—
Provision about consumer advocacy bodies
40AGrants to consumer advocacy bodies
1
The Secretary of State, or any other Minister of the Crown may, from time to time make grants to a consumer advocacy body in connection with functions conferred on it by or by virtue of this Act or any other enactment.
2
In the case of the GCCNI, grants under paragraph (1) may only be made in relation to consumer matters that relate to postal services in Northern Ireland.
3
In this section “enactment” means—
a
an Act of Parliament,
b
an Act of the Scottish Parliament,
c
a Measure or Act of the National Assembly for Wales, or
d
Northern Ireland legislation.
40BExemption from liability in damages
1
A person listed in paragraph (2) is not liable in damages for anything done or omitted to be done in the exercise or purported exercise of any of the functions conferred by this or any other relevant enactment.
2
The persons referred to in paragraph (1) are—
a
Citizens Advice and Citizens Advice Scotland;
b
an employee of Citizens Advice or Citizens Advice Scotland;
c
a person contracted to work for Citizens Advice or Citizens Advice Scotland;
d
a charity trustee of Citizens Advice or Citizens Advice Scotland.
3
Paragraph (1) does not apply—
a
if it is shown that the act or omission was in bad faith, or
b
so as to prevent an award of damages made in respect of an act or omission on the ground that the act or omission was unlawful as a result of section 6(1) of the Human Rights Act 199895.
4
In this section—
“charity trustee” in relation to Citizens Advice, has the meaning given by section 177 of the Charities Act 201196 and in relation to Citizens Advice Scotland, has the meaning given by section 106 of the Charities and Trustee Investment (Scotland) Act 200597;
“relevant enactment” means a provision of—
- a
the Gas Act 1986;
- b
the Electricity Act 1989;
- c
The Postal Services Act 2000;
- d
the Utilities Act 2000;
- e
the Warm Homes and Energy Conservation Act 2000;
- f
the Communications Act 2003;
- g
the Postal Services Act 2011;
- h
The Water Industry (Scotland) Act 2002;
- i
the Water Services etc (Scotland) Act 2005;
- j
this Act.
42
In section 41 (interpretation of Part 1)98 omit the definition of “financial year”.
43
In section 43 (standards for handling complaints), in subsection (8), for paragraph (b) and the “and” following it substitute—
b
Citizens Advice,
ba
Citizens Advice Scotland, and
44
In section 45 (information with respect to compliance with complaints handling standards)—
a
in subsection (2)—
i
for “The Council” substitute “Citizens Advice and Citizens Advice Scotland”;
ii
for “it considers” substitute “Citizens Advice or, as the case may be, Citizens Advice Scotland consider”;
b
after subsection (2) insert—
2A
The GCCNI must publish such statistical information as it considers appropriate relating to the levels of compliance with the standards which those postal operators have achieved.
c
in subsection (3) for “the Council” substitute “the consumer advocacy body in question”.
45
In section 49 (approval of redress schemes)—
a
in subsection (7)(e) for sub-paragraphs (i) and (ii) substitute—
i
to Citizens Advice Scotland, for the purposes of any qualifying public consumer advice scheme supported by it (on its own or jointly with Citizens Advice), and
ii
to persons who operate a qualifying public consumer advice scheme supported by Citizens Advice or Citizens Advice Scotland, or by them jointly, for the purposes of that scheme;
b
in subsection (8) for paragraph (c) substitute—
c
Citizens Advice;
ca
so far as regards schemes to be approved by the Gas and Electricity Markets Authority, Citizens Advice Scotland;
c
after subsection (8) insert—
9
For the purposes of this section a qualifying public consumer advice scheme is a scheme that is supported by Citizens Advice or Citizens Advice Scotland, or by them jointly, in a manner that the Office of Fair Trading is prohibited from supporting by section 8A of the Enterprise Act 2002.
46
In section 62 (parliamentary control of orders and regulations), in subsection (3)—
a
in paragraph (b) for “Council” substitute “the consumer advocacy bodies”;
b
in paragraph (d) for “the Council” substitute “Citizens Advice or Citizens Advice Scotland”;
c
omit paragraph (e).
47
In section 65 (extent)—
a
in subsection (2)(c) for “the Council’s functions: Great Britain” substitute “the functions of Citizens Advice and Citizens Advice Scotland”;
b
omit subsection (7).
48
Omit Schedule 1 (the National Consumer Council).
49
In Schedule 4 (transfer of property etc to the National Consumer Council) for “the Council”, in each place it occurs, substitute “Citizens Advice”.
Postal Services Act 201113
1
The Postal Services Act 201199 is amended as follows.
2
In section 51 (consumer protection conditions)100—
a
in subsection (2)(c)—
i
omit the “and” following paragraph (b);
ii
in paragraph (c) omit “the National Consumer Council,”;
iii
in paragraph (c) for “or Citizens Advice Scotland” substitute “, Citizens Advice Scotland or the General Consumer Council for Northern Ireland”;
iv
after paragraph (c) insert—
and
d
to make payments relating to qualifying consumer expenses of the Secretary of State.
b
for subsection (4) substitute—
4
The reference in subsection (2)(c) to qualifying consumer expenses of Citizens Advice, Citizens Advice Scotland or the General Consumer Council for Northern Ireland is to—
a
such proportion of the expenses of Citizens Advice as the Secretary of State considers reasonable having regard to the functions exercisable by it in relation to users of postal services (including expenses which relate to taking on functions transferred from the National Consumer Council, but not including expenses within paragraph (b)),
b
such proportion of the expenses of Citizens Advice relating to a transfer scheme made in respect of the National Consumer Council under section 23 of the Public Bodies Act 2011 as the Secretary of State considers reasonable having regard to the functions exercisable by Citizens Advice in relation to users of postal services,
c
such proportion of the expenses of Citizens Advice incurred in connection with its support of any qualifying public consumer advice scheme as the Secretary of State considers reasonable having regard to the functions under the scheme exercisable in relation to users of postal services,
d
such proportion of the expenses of Citizens Advice Scotland as the Secretary of State considers reasonable having regard to the functions exercisable by it in relation to users of postal services (including expenses which relate to taking on functions transferred from the National Consumer Council, but not including expenses within paragraph (e)),
e
such proportion of the expenses of Citizens Advice Scotland relating to a transfer scheme made in respect of the National Consumer Council under section 23 of the Public Bodies Act 2011 as the Secretary of State considers reasonable having regard to the functions exercisable by Citizens Advice Scotland in relation to users of postal services,
f
such proportion of the expenses of Citizens Advice Scotland incurred in connection with its support of any qualifying public consumer advice scheme as the Secretary of State considers reasonable having regard to the functions under the scheme exercisable in relation to users of postal services, and
g
such proportion of the expenses of the General Consumer Council for Northern Ireland as the Secretary of State considers reasonable having regard to the functions exercisable by it in relation to users of postal services (including expenses which relate to taking on functions transferred from the National Consumer Council).
c
after subsection (4) insert—
4ZA
The reference in subsection (2)(d) to qualifying consumer expenses of the Secretary of State is to—
a
such proportion of the expenses of the Secretary of State relating to the abolition of the National Consumer Council as the Secretary of State considers reasonable having regard to the functions exercised by the National Consumer Council in relation to users of postal services,
b
such proportion of the expenses of the Secretary of State relating to the conferring of functions on Citizens Advice, Citizens Advice Scotland and the General Consumer Council for Northern Ireland 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/…) as the Secretary of State considers reasonable having regard to the functions exercisable by any of those bodies in relation to users of postal services, and
c
such proportion of the expenses of the Secretary of State relating to a transfer scheme made in respect of the National Consumer Council under section 23 of the Public Bodies Act 2011 as the Secretary of State considers reasonable having regard to the functions exercised by the National Consumer Council in relation to users of postal services.
d
in subsection (6) after “subsection (2)(c)” insert “or (d)”;
e
in subsection (8) omit the definitions of—
i
“Citizens Advice”;
ii
“Citizens Advice Scotland”.
3
In section 56 (general restriction on disclosure of information), in subsection (6)(b) for “the National Consumer Council” substitute “Citizens Adviceetc”.
4
In section 57 (decisions by OFCOM to impose regulatory conditions, penalties etc), in subsection (1)(e) for “National Consumer Council” substitute “Citizens Adviceetc”.
5
In section 61 (duties in relation to social and environmental matters)—
a
in subsection (3) for paragraph (b) (and the “and” following it) substitute—
b
Citizens Advice,
ba
Citizens Advice Scotland,
bb
if the guidance relates to Northern Ireland, the General Consumer Council for Northern Ireland, and
b
after subsection (3) insert—
3A
The Secretary of State is not required to consult Citizens Advice or Citizens Advice Scotland if the draft guidance relates only to Northern Ireland.
6
In section 65 (interpretation of Part 3 etc), in subsection (1) at the appropriate place insert—
“Citizens Advice” means the National Association of Citizens Advice Bureaux,
“Citizens Advice Scotland” means the Scottish Association of Citizens Advice Bureaux;
7
In Schedule 5 (approval of redress schemes), in paragraph 1—
a
in sub-paragraph (6)(e), omit the words from “(and, in” to “mentioned there)”;
b
omit sub-paragraph (7)(c);
c
for sub-paragraph (7)(e) and (f) substitute—
e
Citizens Advice,
f
Citizens Advice Scotland, and
g
the General Consumer Council for Northern Ireland.
8
In Schedule 7 (enforcement of regulatory requirements) in paragraph 1(2)(b)(ii) for “National Consumer Council” substitute “Citizens Adviceetc”.
Public Bodies Act 201114
In Schedule 1 to the Public Bodies Act 2011 (bodies and offices subject to the power to abolish in section 1) omit the entry for the National Consumer Council.
PART 2Amendments to Acts of the Scottish Parliament
Water Industry (Scotland) Act 2002 (asp 3)15
1
The Water Industry (Scotland) Act 2002101 is amended as follows.
2
In section 2A (National Consumer Council representations)102—
a
in the heading for “National Consumer Council” substitute “Citizens Advice Scotland”;
b
in subsection (1) for “the National Consumer Council (“the Council”)” substitute “Citizens Advice Scotland”;
c
in subsection (2) for “the Council” substitute “ Citizens Advice Scotland”.
3
In section 4 (power of the Commission to require information)103, in subsection (4) for “the National Consumer Council” substitute “Citizens Advice Scotland”.
4
In section 5 (annual reports by, and information from, the Commission)104, in subsection (2)(a)(i) for “the National Consumer Council” substitute “Citizens Advice Scotland”.
5
In section 6 (funding of the Commission and the National Consumer Council)105—
a
in the heading for “the National Consumer Council” substitute “Citizens Advice Scotland”;
b
in subsection (2A)—
i
for “the National Consumer Council” substitute “Citizens Advice Scotland”;
ii
for “the Council’s” substitute “Citizens Advice Scotland’s”;
c
in subsection (2B) for “the Council” substitute “Citizens Advice Scotland”.
6
In section 27 (approval of customer standards code)106—
a
in subsection (1) for “the National Consumer Council” substitute “Citizens Advice Scotland”;
b
in subsection (4) for “the National Consumer Council” substitute “Citizens Advice Scotland”.
7
In section 28 (consultation code)107, in subsection (3)(a)—
a
for “the National Consumer Council” substitute “Citizens Advice Scotland”;
b
for “the Council” substitute “Citizens Advice Scotland”.
8
In section 29B (determination of maximum charges)108, in subsection (4)(a)(iii) for “the National Consumer Council” substitute “Citizens Advice Scotland”.
9
In section 29D (statements regarding charges)109, in subsection (5)(b) for “the National Consumer Council” substitute “Citizens Advice Scotland”.
10
In section 56A (directions may set objectives)110, in subsection (4) for “the National Consumer Council” substitute “Citizens Advice Scotland”.
11
In section 57 (information and reports)111, in subsection (6)(a) for “the National Consumer Council” substitute “Citizens Advice Scotland”.
12
In section 70 (interpretation), in subsection (1) at the appropriate place insert—
“Citizens Advice Scotland” means the Scottish Association of Citizens Advice Bureaux,
Scottish Public Services Ombudsman Act 2002 (asp 11)16
In Part 2 of Schedule 2 to the Scottish Public Services Ombudsman Act 2002112 (entries amendable by Order in Council: cross-border public authorities), omit “79 National Consumer Council”.
Freedom of Information (Scotland) Act 2002 (asp 13)17
1
The Freedom of Information (Scotland) Act 2002113 is amended as follows.
2
In paragraph 79A of Part 7 of Schedule 1 (others)—
a
for “function” substitute “functions”;
b
at the end insert “and articles 3(1)(a), (b) and (d) of the Public Bodies (Abolition of the National Consumer Council and the Transfer of the Office of Fair Trading’s Functions in relation to Estate Agents etc) Order 2014 (S.I. 2014/…)”.
Water Services etc (Scotland) Act 2005 (asp 3)18
1
The Water Services etc (Scotland) Act 2005114 is amended as follows.
2
In section 19 (disconnections code)115, in subsection (4)(c) for “the National Consumer Council” substitute “Citizens Advice Scotland”.
3
In section 20B (Commission’s scheme)116, in subsection (4)(c) for “the National Consumer Council” substitute “Citizens Advice Scotland”.
Public Services Reform (Scotland) Act 2010 (asp 8)19
1
The Public Services Reform (Scotland) Act 2010117 is amended as follows.
2
In section 3 (transfer to certain bodies of functions of Waterwatch Scotland)—
a
in subsection (4) for “The National Consumer Council” substitute “Citizens Advice Scotland”;
b
in subsection (5) for “the National Consumer Council” substitute “Citizens Advice Scotland”;
c
after subsection (7) insert—
8
In this section “Citizens Advice Scotland” means the Scottish Association of Citizens Advice Bureaux.
3
In Part 1 of Schedule 2 (transfer of Waterwatch Scotland functions: modifications of enactments), omit paragraphs 16 to 18.
PART 3Amendment to Northern Ireland legislation
Northern Ireland Assembly Disqualification Act 197520
In the Northern Ireland Assembly Disqualification Act 1975118, Schedule 1 Part 3 (other disqualifying offices)119 omit “A member of a committee of the National Consumer Council established under section 1 of, or paragraph 12 of Schedule 1 to, the Consumers, Estate Agents and Redress Act 2007 (territorial and regional committees).”.
The General Consumer Council (Northern Ireland) Order 198421
1
In the General Consumer Council (Northern Ireland) Order 1984120, Schedule 1 (provision as to the GCCNI) is amended as follows.
2
In paragraph 12 (reports and accounts)—
a
in sub-paragraph (1) after “the Department” insert “and the Secretary of State.”;
b
after sub-paragraph (1) insert—
1A
The Secretary of State shall lay a copy of the report before Parliament.
c
in sub-paragraph (5)—
i
at the end of paragraph (a) omit “and”;
ii
after paragraph (b) insert—
; and
c
the Secretary of State.
d
in sub-paragraph (6)(b) after “the Department” insert “and the Secretary of State.”.
e
after sub-paragraph (6A) insert—
6B
The Secretary of State shall lay a copy of the statement of accounts and of the Comptroller and Auditor General’s report before Parliament.
3
After paragraph 14 insert—
Exemption from liability in damages15
1
The Council and the persons listed in paragraph (2) are not liable in damages for anything done or omitted to be done in exercise or purported exercise of any of the functions transferred to it under the following enactments—
a
the Postal Services Act 2000;
b
the Consumers, Estate Agents and Redress Act 2007;
c
the Postal Services Act 2011.
2
The persons referred to in sub-paragraph (1) are—
a
an employee of the Council;
b
a person contracted to work for the Council.
3
Sub-paragraph 1 does not apply—
a
if it is shown that the act or omission was in bad faith, or
b
so as to prevent an award of damages made in respect of an act or omission on the ground that the act or omission was unlawful as a result of section 6(1) of the Human Rights Act 1998.
PART 4Statutory Instruments
Enterprise Act 2002 (Bodies Designated to make Super-Complaints) Order 200422
In the Schedule to the Enterprise Act 2002 (Bodies Designated to make Super-Complaints) Order 2004121 omit “3. The National Consumer Council.”.
Gas and Electricity (Consumer Complaints Handling Standards) Regulations 200823
1
The Gas and Electricity (Consumer Complaints Handling Standards) Regulations 2008122 are amended as follows.
2
In regulation 2(1) (interpretation)—
a
after the definition of “the Authority” insert—
“Citizens Advice” means the National Association of Citizens Advice Bureaux;
“Citizens Advice Scotland” means the Scottish Association of Citizens Advice Bureaux;
b
after the definition of “complaints handling procedure” insert—
“the consumer advice scheme” means the consumer advice scheme supported by Citizens Advice or Citizens Advice Scotland, or by them jointly, under article 2 of the Public Bodies (The Office of Fair Trading Transfer of Consumer Advice Scheme Function and Modification of Enforcement Functions) Order 2013 S.I. 2013/783;
c
after the definition of “consumer advice scheme” so inserted, insert—
“consumer advocacy body” means Citizens Advice or Citizens Advice Scotland;
d
omit the definition of “Consumer Direct” and “the Council”.
3
In regulation 8 (section 12 and 13 complaints)—
a
in paragraph (1) for “the Council” substitute “the consumer advocacy bodies”;
b
in paragraph (2) for “the Council” substitute “a consumer advocacy body”.
4
In regulation 9 (referral of consumers from Consumer Direct)—
a
in the heading, for “Consumer Direct” substitute “the consumer advice scheme”;
b
in paragraph (1)—
i
for the first mention of “Consumer Direct” substitute “the consumer advocacy bodies”;
ii
for the second mention of Consumer Direct” substitute “the consumer advocacy bodies”;
c
in paragraph (2) for “Consumer Direct” substitute “the consumer advocacy bodies”.
Infrastructure Planning (National Policy Statement Consultation) Regulations 200924
For sub-paragraph (x) of regulation 3(3) of the Infrastructure Planning (National Policy Statement Consultation) Regulations 2009123, substitute—
x
The National Association of Citizens Advice Bureaux;
xa
The Scottish Association of Citizens Advice Bureaux
Electricity (Standards of Performance) Regulations 201025
1
The Electricity (Standards of Performance) Regulations 2010124 are amended as follows.
2
In regulation 3(1) (general interpretation)—
a
omit the definition of “the Council”;
b
at the appropriate place insert—
“consumer advocacy body” means the National Association of Citizens Advice Bureaux or the Scottish Association of Citizens Advice Bureaux;
3
In regulation 24 (notice of rights)125 in paragraphs (1)(a) and (2)(a), for “the Council” substitute “the consumer advocacy bodies”.
4
In regulation 25 (information to be given to customers about overall performance) in paragraph (1)(a), for “the Council” substitute “the consumer advocacy bodies”.
5
In Schedule 2 (standards of performance – practice and procedure for determinations: determination of disputes) in paragraph 1(2)(a), for “the Council” substitute “a consumer advocacy body”.
Electricity (Connection Standards of Performance) Regulations 201026
1
The Electricity (Connection Standards of Performance) Regulations 2010126 are amended as follows.
2
In regulation 2(1) (interpretation)—
a
omit the definition of “the Council”.
b
at the appropriate place insert—
“consumer advocacy body” means the National Association of Citizens Advice Bureaux or the Scottish Association of Citizens Advice Bureaux;
3
In regulation 18 (notice of rights) in paragraph (1)(a), for “the Council” substitute “the consumer advocacy bodies”.
4
In Schedule 2 (practice and procedure for determinations) in paragraph 1(2)(a), for “the Council” substitute “a consumer advocacy body”.
Postal Services Act 2011 (Disclosure of Information) Order 201227
In Article 3 (prescription of bodies and persons) of the Postal Services Act 2011 (Disclosure of Information) Order 2012127—
a
omit “the National Consumer Council;”;
b
at the appropriate place insert—
the General Consumer Council for Northern Ireland;
the National Association of Citizens Advice Bureaux;
the Scottish Association of Citizens Advice Bureaux;
PART 5Transitional provisions
28
1
Nothing in this Order affects the validity of anything done (or having effect as if done) by or in relation to the National Consumer Council before the coming into force of articles 2 and 3.
2
Anything done (or having effect as if done) by or in relation to the National Consumer Council, so far as it relates to any of the functions transferred by article 3, has effect, so far as is necessary for continuing its effect after the coming into force of articles 2 and 3, as if done by or in relation to the transferee or transferees.
3
Anything (including legal proceedings) which at the coming into force of articles 2 and 3 is in the process of being done by or in relation to the National Consumer Council, so far as it relates to any function transferred by article 3, may be continued by or in relation to the transferee or transferees to which that function is transferred
4
So far as is necessary or appropriate for the purposes of or in consequence of the transfer effected by article 3, after the coming into force of articles 2 and 3, a reference to the National Consumer Council in an instrument or other document is to be treated as a reference to the transferee or the transferees to which that function is transferred.
5
Money paid by a person to the Gas and Electricity Markets Authority or the Office of Communications because of the obligation to make payments with respect to the expenses of the National Consumer Council under—
a
a condition imposed by the Gas and Electricity Markets Authority128 under section 8 of the Utilities Act 2000, or
b
a condition imposed by the Office of Communications129 under section 51 of the Postal Services Act 2011,
is to be treated by the Gas and Electricity Markets Authority or, as the case may be, the Office of Communications, as money paid by that person because of an obligation to make payments under such a condition with respect to those expenses of one or more of the transferees, that relate to a function transferred by article 3.
6
In this article “transferee” means—
a
Citizens Advice,
b
Citizens Advice Scotland, or
c
the GCCNI.