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

Utilities Act 2000 U.K.

8.—(1) The Utilities Act 2000(1) 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)(2), in subsection (6) for “the Council” substitute “Citizens Advice and Citizens Advice Scotland”.

(4) In section 5 (annual and other reports of Authority)(3), 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)(4)—

(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)(5), in subsection (4) for “the Council” substitute “Citizens Advice, Citizens Advice Scotland”.

(8) In section 103A (overall home heating cost reduction targets)(6), 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)(7), 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”.

Commencement Information

I1 Sch. 1 para. 8 in force at 1.4.2014, see art. 1(3)

(1)

2000 c. 27.

(2)

Sections 4(1), (3), (4) and (5) was amended by paragraphs 18 and 19 of Schedule 7 to the 2007 Act.

(3)

Section 5(1)(b) and (9) was amended by the Enterprise and Regulatory Reform Act 2013 (c. 24); Section 5(2)(a)(ii) was amended by article 3 of S.I. 2000/3343.

(4)

Section 8(2), (3), (3)(a), (6) and (9) was amended, section 8(3A),(3B) and (10) inserted and section 8(4)(a) and (b), (5) and (8) substituted by section 1(4) of and paragraph 29 of Part 5 of Schedule 1 to the 2007 Act; section 8(3)(b) and (7) was repealed by paragraph 1 of Schedule 8 to that Act; section 8(3A)(e) was repealed, section 8(3A)(f) amended and section 8(3C) inserted by article 5 of S.I. 2013/783.

(5)

The heading to section 103 and section 103(1), (1)(a) and (b) and (3) were amended by section 17 of and paragraph 7 of the Schedule to the Climate Change and Sustainable Energy Act 2006 (c. 19); section 103(1A) was inserted by paragraph 6(3) of the Schedule 8 to the Climate Change Act 2008 (c. 27); section 103(1), (1)(b), (2), (2)(b), (3) and (4) was also amended by paragraph 8 to Schedule 1 of the Energy Act 2011.

(6)

Section 103A was inserted by section 70 of the Energy Act 2011.

(7)

Section 106(1) was amended by section 30(4)(d) of the 2007 Act.