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

Consumers, Estate Agents and Redress Act 2007

7.—(1) The Consumers, Estate Agents and Redress Act 2007(1) is amended as follows.

(2) In section 1(2) (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 4(3) (designated consumers), in subsection (4)(aa), after “Citizens Advice Scotland” insert “and Consumer Scotland”.

(4) In section 5(4) (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 12(5) (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 13(6) (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 16(7) (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 19A(8) (guidance for energy consumers), in subsection (8C), after “include a reference to” insert “Citizens Advice Scotland or”.

(9) In section 24(9) (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 27(10) (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 29(11) (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 43(12) (standards for handling complaints), in subsection (8), after paragraph (ba) (and before the “and” following it) insert—

“(bb) Consumer Scotland,”.

(13) In section 45(13) (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 49(14) (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”.

(1)

2007 c. 17.

(2)

Section 1 was substituted by S.I. 2014/631.

(3)

Section 4(4) was amended by S.I. 2014/631.

(4)

Section 5(4A) was inserted by S.I. 2014/631.

(5)

Section 12(5) and (6) was inserted by S.I. 2014/631.

(6)

Section 13(5A) and (5B) was inserted by S.I. 2014/631.

(7)

Section 16(1) was substituted by S.I. 2014/631.

(8)

Section 19A was inserted by S.I. 2011/2704; section 19A(8C) was inserted by S.I. 2014/631.

(9)

Section 24(2A) was inserted by S.I. 2014/631.

(10)

Section 27(1) was substituted by S.I. 2014/631.

(11)

Section 29(3) and (4) was relevantly amended, and subsections (3A) and (3B) were inserted, by S.I. 2014/631; section 29(4)(ca) and (cb) was inserted by S.I. 2011/2704.

(12)

Section 43(8) was amended by S.I. 2014/631.

(13)

Section 45(2) was relevantly amended by S.I. 2014/631.

(14)

Section 49(7)(e) and (8) was amended, and subsection (9) inserted, by S.I. 2014/631.