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Public Services Reform (Scotland) Act 2010, SCHEDULE 2 is up to date with all changes known to be in force on or before 17 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(introduced by section 3(6))
1SThe Water Industry (Scotland) Act 2002 is amended as follows.
Commencement Information
I1Sch. 2 para. 1 in force at 15.8.2011 by S.S.I. 2011/278, art. 2(d)
2SAfter section 2 (Water Customer Consultation Panels) insert—
(1)This section applies where the National Consumer Council (“the Council”) has exercised a function under section 8(1) of the Consumers, Estate Agents and Redress Act 2007 (c. 17) (representative functions) in relation to the activities of Scottish Water.
(2)The persons listed in subsection (4) must have regard to any advice, information, proposal or representation made to them by the Council under section 8(1) of that Act.
(3)Any persons listed in subsection (4) to whom a proposal is made under section 8(1)(b) of that Act must, within 6 months of receipt, publish a summary of their responses to the proposal.
(4)The persons are—
(a)the Scottish Ministers,
(b)Scottish Water,
(c)the Water Industry Commission,
(d)the Drinking Water Quality Regulator for Scotland,
(e)the Scottish Environment Protection Agency.”.
Commencement Information
I2Sch. 2 para. 2 in force at 15.8.2011 by S.S.I. 2011/278, art. 2(d)
3SIn section 4 (power of the Commission to require information) after subsection (3) insert—
“(4)Scottish Water must comply with any direction given to it by the Commission under section 25(5) of the Consumers, Estate Agents and Redress Act 2007 (enforcement by regulator of notice to provide the National Consumer Council with information).”.
Commencement Information
I3Sch. 2 para. 3 in force at 15.8.2011 by S.S.I. 2011/278, art. 2(d)
4SIn section 5 (annual reports by, and information from, the Commission), in subsection (2)—
(a)in paragraph (a)(i), for “representations made to it by a Customer Panel” substitute “ advice, information or representation made to it by the National Consumer Council under section 8(1)(a) or (c) of the Consumers, Estate Agents and Redress Act 2007 (representative functions) ”,
(b)in paragraph (a)(ii), for “recommendations made to it under section 2(4)” substitute “ proposals made to it under section 8(1)(b) of that Act ”,
(c)in paragraph (b)—
(i)after “such” insert “ advice, information, proposal or ”,
(ii)the words “or recommendation” are repealed.
Commencement Information
I4Sch. 2 para. 4 in force at 15.8.2011 by S.S.I. 2011/278, art. 2(d)
5SIn section 6 (funding of the Commission), after subsection (2) insert—
“(2A)Scottish Water must make to the National Consumer Council, in respect of the Council's expenses (as respects its activities relating to Scottish Water), payments of such amounts, and at such times, as the Scottish Ministers may direct.
(2B)Before making a direction under subsection (2A), the Scottish Ministers must consult the Council.”.
Commencement Information
I5Sch. 2 para. 5 in force at 15.8.2011 by S.S.I. 2011/278, art. 2(d)
6SIn the title to section 6 (funding of the Commission), after “Commission” insert “ and the National Consumer Council ”.
Commencement Information
I6Sch. 2 para. 6 in force at 15.8.2011 by S.S.I. 2011/278, art. 2(d)
7SIn the title to Part 1 (Water Industry Commission and Customer Panels), for “Customer Panels” substitute “ the representation of consumers ”.
Commencement Information
I7Sch. 2 para. 7 in force at 15.8.2011 by S.S.I. 2011/278, art. 2(d)
8SIn section 27 (approval of customer standards code)—
(a)in subsection (1), for “each Water Customer Consultation Panel” substitute “ the National Consumer Council ”,
(b)in subsection (4), for “each Water Customer Consultation Panel” substitute “ the National Consumer Council ”.
Commencement Information
I8Sch. 2 para. 8 in force at 15.8.2011 by S.S.I. 2011/278, art. 2(d)
9SIn section 28 (consultation code), in subsection (3)(a)—
(a)for “each Water Customer Consultation Panel” substitute “ the National Consumer Council ”,
(b)for “any Panel” substitute “ the Council ”.
Commencement Information
I9Sch. 2 para. 9 in force at 15.8.2011 by S.S.I. 2011/278, art. 2(d)
10SIn section 29B (determination of maximum charges), in subsection (4)(a), for sub-paragraph (iii) substitute—
“(iii)the National Consumer Council,”.
Commencement Information
I10Sch. 2 para. 10 in force at 15.8.2011 by S.S.I. 2011/278, art. 2(d)
11SIn section 29D(5) (statements regarding charges), for paragraph (b) substitute—
“(b)the National Consumer Council,”.
Commencement Information
I11Sch. 2 para. 11 in force at 15.8.2011 by S.S.I. 2011/278, art. 2(d)
12SIn section 56A (directions may set objectives), in subsection (4), for the words “Convener” to “whole)” substitute “ National Consumer Council ”.
Commencement Information
I12Sch. 2 para. 12 in force at 15.8.2011 by S.S.I. 2011/278, art. 2(d)
13SIn section 57 (information and reports), in subsection (6)(a), for “Convener of the Water Customer Consultation Panels” substitute “ National Consumer Council ”.
Commencement Information
I13Sch. 2 para. 13 in force at 15.8.2011 by S.S.I. 2011/278, art. 2(d)
14SIn section 19 of the Water Services etc. (Scotland) Act 2005 (disconnections code), in subsection (4), for paragraph (c) substitute—
“(c)the National Consumer Council;”.
Commencement Information
I14Sch. 2 para. 14 in force at 15.8.2011 by S.S.I. 2011/278, art. 2(d)
15SThe Consumers, Estate Agents and Redress Act 2007 is amended as follows.
Commencement Information
I15Sch. 2 para. 15 in force at 15.8.2011 by S.S.I. 2011/278, art. 2(d)
F116S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Sch. 2 paras. 16-18 omitted (1.4.2014) by virtue 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. 2014/631), art. 1(3), Sch. 1 para. 19(3) (with Sch. 1 para. 28, Sch. 2 paras. 13-15)
F117S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Sch. 2 paras. 16-18 omitted (1.4.2014) by virtue 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. 2014/631), art. 1(3), Sch. 1 para. 19(3) (with Sch. 1 para. 28, Sch. 2 paras. 13-15)
F118S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Sch. 2 paras. 16-18 omitted (1.4.2014) by virtue 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. 2014/631), art. 1(3), Sch. 1 para. 19(3) (with Sch. 1 para. 28, Sch. 2 paras. 13-15)
19SIn section 24(9) (provision of information to the Council), after paragraph (c) insert—
“(ca)the Water Industry Commission for Scotland;”.
Commencement Information
I16Sch. 2 para. 19 in force at 15.8.2011 by S.S.I. 2011/278, art. 2(d)
20SIn section 25 (enforcement by regulator of Council notice requiring the provision of information), at the appropriate place in the table in subsection (3) insert—
“Scottish Water. | The Water Industry Commission for Scotland.”. |
Commencement Information
I17Sch. 2 para. 20 in force at 15.8.2011 by S.S.I. 2011/278, art. 2(d)
21SThe enactments referred to in the first column of the following table are repealed to the extent specified in the second column.
Enactment | Extent of repeal |
---|---|
Water Industry (Scotland) Act 2002 (asp 3) | Section 2. Section 6A. Section 6B. Section 6C. In schedule 1, Part 2. |
Scottish Public Services Ombudsman Act 2002 (asp 11) | In schedule 2, paragraph 21B. |
Freedom of Information (Scotland) Act 2002 (asp 13) | In schedule 1, paragraph 62B.Section 3. |
Water Services etc. (Scotland) Act 2005 (asp 3) | Section 3. In schedule 5, paragraph 7(3). In schedule 5, sub-paragraph (a) of paragraph 8. In schedule 5, sub-paragraph (a) of paragraph 9. |
Commencement Information
I18Sch. 2 para. 21 in force at 15.8.2011 by S.S.I. 2011/278, art. 2(d)
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