2022 No. 34

Constitutional Law

Devolution, Scotland

Consumer Protection

The Consumer Scotland Act 2020 (Consequential Provisions and Modifications) Order 2022

Made12th January 2022

Coming into force13th January 2022

The Secretary of State makes the following Order in exercise of the powers conferred by sections 104, 112(1), 113(2), (4), (5) and (7), and 114(1) of the Scotland Act 19981.

In accordance with paragraphs 1, 2 and 3 of Schedule 7 to that Act, a draft of this Order has been laid before and approved by a resolution of each House of Parliament.

Citation, commencement and extent1.

(1)

This Order may be cited as the Consumer Scotland Act 2020 (Consequential Provisions and Modifications) Order 2022 and comes into force on the day after the day on which it is made.

(2)

Any modification made by this Order has the same extent as the provision modified.

Status of Consumer Scotland as part of the Scottish Administration2.

Consumer Scotland2 is part of the Scottish Administration3.

Construction of references to an office-holder in the Scottish Administration3.

(1)

Unless the context otherwise requires, references in the Scotland Act 1998 and any other enactment (except the Crown Suits (Scotland) Act 18574) to an office-holder in the Scottish Administration are to be taken to include a reference to Consumer Scotland.

(2)

Paragraph (1) applies whether or not the enactment defines the expression “office-holder in the Scottish Administration” by reference to the Scotland Act 1998 or any specific provision of that Act.

Modifications4.

The modifications specified in the Schedule have effect.

Transitional and saving provisions5.

(1)

Nothing in this Order affects the validity of anything done (or having effect as if done) by or in relation to the Scottish Association of Citizens Advice Bureaux5 before its coming into force.

(2)

Anything done (or having effect as if done) at the coming into force of this Order by or in relation to the Scottish Association of Citizens Advice Bureaux, so far as it relates to any function of the Scottish Association of Citizens Advice Bureaux transferred to Consumer Scotland by this Order, has effect, so far as is necessary for continuing its effect after the coming into force of this Order, as if done by or in relation to Consumer Scotland.

(3)

Anything (including legal proceedings) which at the coming into force of this Order is in the process of being done by or in relation to the Scottish Association of Citizens Advice Bureaux, so far as it relates to any function transferred by this Order, may be continued by or in relation to Consumer Scotland.

(4)

So far as may be necessary for the purposes of or in consequence of a transfer of a function by this Order, a reference to the Scottish Association of Citizens Advice Bureaux in an instrument or other document is to be treated as a reference to Consumer Scotland.

Alister Jack

Secretary of State

Office of the Secretary of State for Scotland

Dover House

London

12th January 2022

SCHEDULE

Article 4

PART 1MODIFICATIONS OF PUBLIC GENERAL ACTS

House of Commons Disqualification Act 1975

1. (1)

The House of Commons Disqualification Act 19756 is amended as follows.

(2)

In Part 2 of Schedule 1 (bodies of which all members are disqualified), insert the following entry at the appropriate place—

“Consumer Scotland.”.

Gas Act 1986

2. (1)

The Gas Act 19867 is amended as follows.

(2)

In section 4AB8 (guidance on social and environmental matters), in subsection (3)(ba), for “Citizens Advice Scotland” substitute “Consumer Scotland”.

(3)

In section 6A9 (exemptions from prohibition on unlicensed activities), in subsection (1B)(a), for “Citizens Advice Scotland” substitute “Consumer Scotland”.

(4)

In section 810 (standard conditions of licenses), in subsection (5)(b), for “Citizens Advice Scotland” substitute “Consumer Scotland”.

(5)

In section 2311 (modification of conditions of licenses), in subsection (4)(b)(v), for “Citizens Advice Scotland” substitute “Consumer Scotland”.

(6)

In section 23B12 (appeal to the Competition and Markets Authority)—

(a)

in subsection (2)(d), for “Citizens Advice Scotland” substitute “Consumer Scotland”, and

(b)

in subsection (4)(c), for “Citizens Advice Scotland” substitute “Consumer Scotland”.

(7)

In section 27A13 (determination of disputes by the Gas and Electricity Markets Authority), in subsection (1)(a)(ii), for “Citizens Advice or Citizens Advice Scotland or Citizens Advice and Citizens Advice Scotland acting jointly” substitute “Citizens Advice, Citizens Advice Scotland or Consumer Scotland or those bodies or any two of them acting jointly”.

(8)

In section 30A14 (penalties), in subsection (7)(d), for “Citizens Advice Scotland” substitute “Consumer Scotland”.

(9)

In section 33AB15 (standards of performance in individual cases: disputes)—

(a)

in subsection (1)(a)(ii), for “Citizens Advice or Citizens Advice Scotland or Citizens Advice and Citizens Advice Scotland acting jointly” substitute “Citizens Advice, Citizens Advice Scotland or Consumer Scotland or those bodies or any two of them acting jointly”, and

(b)

in subsection (1)(b), for “or Citizens Advice Scotland” substitute “, Citizens Advice Scotland or Consumer Scotland”.

(10)

In section 33BAA16 (procedures for prescribing or determining standards of performance), in subsection (1)(c), for “Citizens Advice Scotland” substitute “Consumer Scotland”.

(11)

In section 33BC17 (promotion of reductions in carbon emissions), in subsection (11), for “Citizens Advice Scotland” substitute “Consumer Scotland”.

(12)

In section 41D18 (application by the Gas and Electricity Markets Authority for order including new activities), in subsection (2), for “Citizens Advice Scotland” substitute “Consumer Scotland”.

(13)

In section 41E19 (references to the Competition and Markets Authority), in subsection (4), for “Citizens Advice Scotland” substitute “Consumer Scotland”.

(14)

In section 41F20 (reports on references)—

(a)

in subsection (7), for “Citizens Advice Scotland”, in both places it occurs, substitute “Consumer Scotland”, and

(b)

in subsection (8), for “Citizens Advice Scotland” substitute “Consumer Scotland”.

(15)

In section 41G21 (application by the Gas and Electricity Markets Authority for order excluding activities), in subsection (2)(a), for “Citizens Advice Scotland” substitute “Consumer Scotland”.

(16)

In section 41H22 (consultation by Secretary of State about order excluding activities), in subsection (2)(a), for “Citizens Advice Scotland” substitute “Consumer Scotland”.

(17)

In section 41I23 (service of notices)—

(a)

in the heading, for “Citizens Advice Scotland” substitute “Consumer Scotland”, and

(b)

for “Citizens Advice Scotland” substitute “Consumer Scotland”.

(18)

In Schedule 2B24 (the Gas Code)—

(a)

in paragraph 6A25 (use of pre-payment meters), in subparagraph (4)(aa), for “Citizens Advice Scotland” substitute “Consumer Scotland”, and

(b)

in paragraph 826 (deemed contracts), in subparagraph (11)(b), for “Citizens Advice Scotland” substitute “Consumer Scotland”.

Electricity Act 1989

3. (1)

The Electricity Act 198927 is amended as follows.

(2)

In section 3B28 (guidance on social and environmental matters), in subsection (3)(ba), for “Citizens Advice Scotland” substitute “Consumer Scotland”.

(3)

In section 529 (exemptions from prohibition on unlicensed supply), in subsection (3)(a), for “Citizens Advice Scotland” substitute “Consumer Scotland”.

(4)

In section 8A30 (standard conditions of licenses), in subsection (4)(b), for “Citizens Advice Scotland” substitute “Consumer Scotland”.

(5)

In section 11A31 (modifications of conditions of licenses), in subsection (4)(b)(iv), for “Citizens Advice Scotland” substitute “Consumer Scotland”.

(6)

In section 11C32 (appeal to the Competition and Markets Authority)—

(a)

in subsection (2)(d), for “Citizens Advice Scotland” substitute “Consumer Scotland”, and

(b)

in subsection (4)(c), for “Citizens Advice Scotland” substitute “Consumer Scotland”.

(7)

In section 2333 (determination of disputes), in subsection (1A)(a)(ii), for “Citizens Advice or Citizens Advice Scotland or Citizens Advice and Citizens Advice Scotland acting jointly” substitute “Citizens Advice, Citizens Advice Scotland or Consumer Scotland or those bodies or any two of them acting jointly”.

(8)

In section 27A34 (penalties), in subsection (7)(d), for “Citizens Advice Scotland” substitute “Consumer Scotland”.

(9)

In section 32L35 (renewables obligation orders: procedure), in subsection (1)(ba), for “Citizens Advice Scotland” substitute “Consumer Scotland”.

(10)

In section 39B36 (standards of performance in individual cases: disputes)—

(a)

(b)

in subsection (1)(b), for “or Citizens Advice Scotland” substitute “, Citizens Advice Scotland or Consumer Scotland”.

(11)

In section 40B37 (procedures for prescribing or determining standards of performance), in subsection (1)(c), for “Citizens Advice Scotland” substitute “Consumer Scotland”.

(12)

In section 41A(38) (promotion of reductions in carbon emissions), in subsection (11), for “Citizens Advice Scotland” substitute “Consumer Scotland”.

(13)

In section 56B39 (application by the Gas and Electricity Markets Authority for order including new activities), in subsection (2), for “Citizens Advice Scotland” substitute “Consumer Scotland”.

(14)

In section 56C40 (references to the Competition and Markets Authority), in subsection (4), for “Citizens Advice Scotland” substitute “Consumer Scotland”.

(15)

In section 56D41 (reports on references)—

(a)

in subsection (7), for “Citizens Advice Scotland”, in both places it occurs, substitute “Consumer Scotland”, and

(b)

in subsection (8), for “Citizens Advice Scotland” substitute “Consumer Scotland”.

(16)

In section 56E42 (application by the Gas and Electricity Markets Authority for order excluding activities), in subsection (2)(a), for “Citizens Advice Scotland” substitute “Consumer Scotland”.

(17)

In section 56F43 (consultation by Secretary of State about order excluding activities), in subsection (2)(a), for “Citizens Advice Scotland” substitute “Consumer Scotland”.

(18)

In section 56G44 (service of notices)—

(a)

in the heading, for “Citizens Advice Scotland” substitute “Consumer Scotland”, and

(b)

for “Citizens Advice Scotland” substitute “Consumer Scotland”.

(19)

In Schedule 645, in paragraph 3(10)(b) (the Electricity Code: deemed contracts), for “Citizens Advice Scotland” substitute “Consumer Scotland”.

(20)

In Schedule 746, in paragraph 12(5)(aa) (special provision for pre-payment electricity meters), for “Citizens Advice Scotland” substitute “Consumer Scotland”.

Postal Services Act 2000

4. (1)

The Postal Services Act 200047 is amended as follows.

(2)

In section 9348 (power to modify sections 89 to 92), in subsection (2), after “Citizens Advice Scotland,” insert “Consumer Scotland,”.

Utilities Act 2000

5. (1)

The Utilities Act 200049 is amended as follows.

(2)

In section 450 (forward work programmes), in subsection (6), for “Citizens Advice Scotland” substitute “Consumer Scotland”.

(3)

In section 551 (annual and other reports of the Gas and Electricity Markets Authority), in subsection (7), for “Citizens Advice Scotland” substitute “Consumer Scotland”.

(4)

In section 10352 (overall carbon emissions reduction targets), in subsection (4), for “Citizens Advice Scotland” substitute “Consumer Scotland”.

(5)

In section 103A53 (overall home-heating cost reduction targets), in subsection (5), for “Citizens Advice Scotland” substitute “Consumer Scotland”.

(6)

In section 10554 (general restrictions on disclosure of information)—

(a)

in subsection (3)(a), after “Citizens Advice Scotland” insert “, Consumer Scotland”,

(b)

in subsection (5), omit the “and” following paragraph (m),

(c)

after subsection (5)(n) insert—

“, and
(o)
Consumer Scotland.”, and

(d)

in subsection (11A), for “or Citizens Advice Scotland” substitute “, Citizens Advice Scotland or Consumer Scotland”.

Communications Act 2003

6. (1)

The Communications Act 200355 is amended as follows.

(2)

In section 1756 (membership of the Consumer Panel)—

(a)

after subsection (4BB) insert—

“(4BC)
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 a member or a member of staff of Consumer Scotland, and
(b)
is nominated for the purposes of this subsection by Consumer Scotland after consultation with OFCOM.
(4BD)
Only one person may, at any time, be a member of the Consumer Panel appointed in accordance with a direction under subsection (4BC); but that does not prevent OFCOM appointing as a member of the Consumer Panel any person who is also a member or member of staff of Consumer Scotland.”,

(b)

after subsection (4C) insert—

“(4D)
A person appointed in accordance with a direction under subsection (4BC) ceases to be a member of the Consumer Panel—
(a)
on ceasing to be a member or, as the case may be, a member of staff of Consumer Scotland, or
(b)
if Consumer Scotland decides that the person is no longer to be on the Consumer Panel.”, and

(c)

in subsection (5), for “and (4BA)” substitute “, (4BA) and (4BC)”.

Consumers, Estate Agents and Redress Act 2007

7. (1)

The Consumers, Estate Agents and Redress Act 200757 is amended as follows.

(2)

In section 158 (the consumer advocacy bodies)—

(a)

in subsection (2), after paragraph (b) (and before the “or” following it) insert—

“(ba)
Consumer Scotland,”, and

(b)

for subsection (3) substitute—

“(3)
Except where this Act otherwise provides—
(a)
a function conferred on Citizens Advice, Citizens Advice Scotland or Consumer Scotland by or under this Act may be carried out by that body jointly with one or both of the other bodies, and
(b)
each of those bodies may carry out on behalf of another of those bodies a function that is conferred on that other body by or under this Act, with the agreement of that other body.”.

(3)

In section 459 (designated consumers), in subsection (4)(aa), after “Citizens Advice Scotland” insert “and Consumer Scotland”.

(4)

In section 560 (forward work programmes of the General Consumer Council for Northern Ireland), in subsection (4A)(b), for “Citizens Advice Scotland” substitute “Consumer Scotland”.

(5)

In section 1261 (investigation of complaints made by vulnerable designated consumers)—

(a)

for subsection (5) substitute—

“(5)
Where a complaint is referred to Citizens Advice, Citizens Advice Scotland or Consumer Scotland, that body may agree with another of those bodies that the complaint is to be treated as having been referred to that other body.”, and

(b)

in subsection (6), for “Citizens Advice and Citizens Advice Scotland” substitute “two of those bodies”.

(6)

In section 1362 (investigation of complaints relating to disconnection of gas or electricity)—

(a)

for subsection (5A) substitute—

“(5A)
Where a complaint is referred to a consumer advocacy body, that body may agree with another consumer advocacy body that the complaint is to be treated as having been referred to that other body.”, and

(b)

in subsection (5B), for “Citizens Advice or Citizens Advice Scotland” substitute “two consumer advocacy bodies”.

(7)

In section 1663 (investigations relating to public post offices), in subsection (1)(a), for “and Citizens Advice Scotland” substitute “, Citizens Advice Scotland and Consumer Scotland”.

(8)

In section 19A64 (guidance for energy consumers), in subsection (8C), after “include a reference to” insert “Citizens Advice Scotland or”.

(9)

In section 2465 (provision of information to the consumer advocacy bodies), in subsection (2A), for “or Citizens Advice Scotland” substitute “, Citizens Advice Scotland or Consumer Scotland”.

(10)

In section 2766 (provision of information by a consumer advocacy body), in subsection (1)(b), for “or Citizens Advice Scotland” substitute “, Citizens Advice Scotland or Consumer Scotland”.

(11)

In section 2967 (disclosure of information)—

(a)

in subsection (3)(a), for “or Citizens Advice Scotland” substitute “, Citizens Advice Scotland or Consumer Scotland”,

(b)

in subsection (3B), for “or Citizens Advice Scotland” substitute “, Citizens Advice Scotland or Consumer Scotland”,

(c)

in subsection (3C)—

(i)

after “means” insert “, in relation to Citizens Advice or Citizens Advice Scotland,”, and

(ii)

after paragraph (b) insert—

“and, in relation to Consumer Scotland, a function conferred under section 3, 4 or 5 of the Consumer Scotland Act 2020 (asp 11).”,

(d)

in subsection (4)(ca), for “Citizens Advice Scotland” substitute “Consumer Scotland”, and

(e)

in subsection (4)(cb), for “or Citizens Advice Scotland” substitute “, Citizens Advice Scotland or Consumer Scotland”.

(12)

In section 4368 (standards for handling complaints), in subsection (8), after paragraph (ba) (and before the “and” following it) insert—

“(bb)
Consumer Scotland,”.

(13)

In section 4569 (information with respect to compliance with complaints handling standards), in subsection (2), for “Citizens Advice and Citizens Advice Scotland must publish such statistical information as Citizens Advice or, as the case may be, Citizens Advice Scotland” substitute “Citizens Advice, Citizens Advice Scotland and Consumer Scotland must publish such statistical information as Citizens Advice, Citizens Advice Scotland or, as the case may be, Consumer Scotland”.

(14)

In section 4970 (approval of redress schemes)—

(a)

for subsection (7)(e)(i) substitute—

“(i)
to Citizens Advice Scotland, for the purposes of any qualifying public consumer advice scheme supported by the body (on its own or jointly with one or both of Citizens Advice and Consumer Scotland),
(ia)
to Consumer Scotland, for the purposes of any qualifying public consumer advice scheme supported by the body (on its own or jointly with one or both of Citizens Advice and Citizens Advice Scotland), and”,

(b)

in subsection (7)(e)(ii), for “or Citizens Advice Scotland, or by them jointly” substitute “, Citizens Advice Scotland or Consumer Scotland, or by all or any two of those bodies jointly”,

(c)

in subsection (8)(ca), after “Citizens Advice Scotland” insert “and Consumer Scotland”, and

(d)

in subsection (9), for “or Citizens Advice Scotland, or by” substitute “, Citizens Advice Scotland or Consumer Scotland, or by all or any two of”.

Postal Services Act 2011

8. (1)

The Postal Services Act 201171 is amended as follows.

(2)

In section 6172 (duties in relation to social and environmental matters)—

(a)

in subsection (3)(ba), for “Citizens Advice Scotland” substitute “Consumer Scotland”, and

(b)

in subsection (3A), for “Citizens Advice Scotland” substitute “Consumer Scotland”.

(3)

In Schedule 573, in paragraph 1 (approval of redress schemes), after sub-paragraph (7)(f) (and before the “and” following it) insert—

“(fa)
Consumer Scotland,”.

Smart Meters Act 2018

9. (1)

The Smart Meters Act 201874 is amended as follows.

(2)

In section 12 (modification under section 11), in subsection (2)(d), for “Citizens Advice Scotland” substitute “Consumer Scotland”.

Domestic Gas and Electricity (Tariff Cap) Act 2018

10. (1)

The Domestic Gas and Electricity (Tariff Cap) Act 201875 is amended as follows.

(2)

In section 4 (notice of proposed modifications), in subsection (4)(d), for “Citizens Advice Scotland” substitute “Consumer Scotland”.

PART 2MODIFICATION OF SUBORDINATE LEGISLATION

Electricity and Gas (Standards of Performance) (Suppliers) Regulations 2015

11. (1)

The Electricity and Gas (Standards of Performance) (Suppliers) Regulations 201576 are amended as follows.

(2)

In the Schedule, in paragraph 1(2)(a) (standards of performance: determination of disputes), for “or Citizens Advice Scotland” substitute “, Citizens Advice Scotland or Consumer Scotland”.

EXPLANATORY NOTE

(This note is not part of the Order)

This Order makes provision in consequence of the Consumer Scotland Act 2020 (asp 11) which establishes Consumer Scotland and makes provision about its functions. Consumer Scotland is known as Luchd-Cleachdaidh Alba in Gaelic.

Article 2 provides that the Consumer Scotland is part of the Scottish Administration.

Article 3 provides that references in the Scotland Act 1998 and any other enactment to an office-holder in the Scottish Administration, however they are defined, are to be taken to include references to Consumer Scotland, unless the context otherwise requires. It also provides that the Crown Suits (Scotland) Act 1857 does not apply to Consumer Scotland with the effect that the Lord Advocate cannot be sued in place of Consumer Scotland.

Article 4 and the Schedule make modifications to primary and secondary legislation in consequence of the Consumer Scotland Act 2020 to transfer certain functions from the Scottish Association of Citizens Advice Bureau (“Citizens Advice Scotland”) to Consumer Scotland, and to add Consumer Scotland as an additional body capable of performing certain functions.

Article 5 makes transitional and saving provision relating to the transfer of functions from Citizens Advice Scotland to Consumer Scotland.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.