- Draft legislation
This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Consumer Scotland Act 2020 (Consequential Provisions and Modifications) Order 2022 No. 34
Article 4
1.—(1) The House of Commons Disqualification Act 1975(1) 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.”.
2.—(1) The Gas Act 1986(2) is amended as follows.
(2) In section 4AB(3) (guidance on social and environmental matters), in subsection (3)(ba), for “Citizens Advice Scotland” substitute “Consumer Scotland”.
(3) In section 6A(4) (exemptions from prohibition on unlicensed activities), in subsection (1B)(a), for “Citizens Advice Scotland” substitute “Consumer Scotland”.
(4) In section 8(5) (standard conditions of licenses), in subsection (5)(b), for “Citizens Advice Scotland” substitute “Consumer Scotland”.
(5) In section 23(6) (modification of conditions of licenses), in subsection (4)(b)(v), for “Citizens Advice Scotland” substitute “Consumer Scotland”.
(6) In section 23B(7) (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 27A(8) (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 30A(9) (penalties), in subsection (7)(d), for “Citizens Advice Scotland” substitute “Consumer Scotland”.
(9) In section 33AB(10) (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 33BAA(11) (procedures for prescribing or determining standards of performance), in subsection (1)(c), for “Citizens Advice Scotland” substitute “Consumer Scotland”.
(11) In section 33BC(12) (promotion of reductions in carbon emissions), in subsection (11), for “Citizens Advice Scotland” substitute “Consumer Scotland”.
(12) In section 41D(13) (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 41E(14) (references to the Competition and Markets Authority), in subsection (4), for “Citizens Advice Scotland” substitute “Consumer Scotland”.
(14) In section 41F(15) (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 41G(16) (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 41H(17) (consultation by Secretary of State about order excluding activities), in subsection (2)(a), for “Citizens Advice Scotland” substitute “Consumer Scotland”.
(17) In section 41I(18) (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 2B(19) (the Gas Code)—
(a)in paragraph 6A(20) (use of pre-payment meters), in subparagraph (4)(aa), for “Citizens Advice Scotland” substitute “Consumer Scotland”, and
(b)in paragraph 8(21) (deemed contracts), in subparagraph (11)(b), for “Citizens Advice Scotland” substitute “Consumer Scotland”.
3.—(1) The Electricity Act 1989(22) is amended as follows.
(2) In section 3B(23) (guidance on social and environmental matters), in subsection (3)(ba), for “Citizens Advice Scotland” substitute “Consumer Scotland”.
(3) In section 5(24) (exemptions from prohibition on unlicensed supply), in subsection (3)(a), for “Citizens Advice Scotland” substitute “Consumer Scotland”.
(4) In section 8A(25) (standard conditions of licenses), in subsection (4)(b), for “Citizens Advice Scotland” substitute “Consumer Scotland”.
(5) In section 11A(26) (modifications of conditions of licenses), in subsection (4)(b)(iv), for “Citizens Advice Scotland” substitute “Consumer Scotland”.
(6) In section 11C(27) (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 23(28) (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 27A(29) (penalties), in subsection (7)(d), for “Citizens Advice Scotland” substitute “Consumer Scotland”.
(9) In section 32L(30) (renewables obligation orders: procedure), in subsection (1)(ba), for “Citizens Advice Scotland” substitute “Consumer Scotland”.
(10) In section 39B(31) (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”.
(11) In section 40B(32) (procedures for prescribing or determining standards of performance), in subsection (1)(c), for “Citizens Advice Scotland” substitute “Consumer Scotland”.
(12) In section 41A((33)) (promotion of reductions in carbon emissions), in subsection (11), for “Citizens Advice Scotland” substitute “Consumer Scotland”.
(13) In section 56B(34) (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 56C(35) (references to the Competition and Markets Authority), in subsection (4), for “Citizens Advice Scotland” substitute “Consumer Scotland”.
(15) In section 56D(36) (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 56E(37) (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 56F(38) (consultation by Secretary of State about order excluding activities), in subsection (2)(a), for “Citizens Advice Scotland” substitute “Consumer Scotland”.
(18) In section 56G(39) (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 6(40), in paragraph 3(10)(b) (the Electricity Code: deemed contracts), for “Citizens Advice Scotland” substitute “Consumer Scotland”.
(20) In Schedule 7(41), in paragraph 12(5)(aa) (special provision for pre-payment electricity meters), for “Citizens Advice Scotland” substitute “Consumer Scotland”.
4.—(1) The Postal Services Act 2000(42) is amended as follows.
(2) In section 93(43) (power to modify sections 89 to 92), in subsection (2), after “Citizens Advice Scotland,” insert “Consumer Scotland,”.
5.—(1) The Utilities Act 2000(44) is amended as follows.
(2) In section 4(45) (forward work programmes), in subsection (6), for “Citizens Advice Scotland” substitute “Consumer Scotland”.
(3) In section 5(46) (annual and other reports of the Gas and Electricity Markets Authority), in subsection (7), for “Citizens Advice Scotland” substitute “Consumer Scotland”.
(4) In section 103(47) (overall carbon emissions reduction targets), in subsection (4), for “Citizens Advice Scotland” substitute “Consumer Scotland”.
(5) In section 103A(48) (overall home-heating cost reduction targets), in subsection (5), for “Citizens Advice Scotland” substitute “Consumer Scotland”.
(6) In section 105(49) (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”.
6.—(1) The Communications Act 2003(50) is amended as follows.
(2) In section 17(51) (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)”.
7.—(1) The Consumers, Estate Agents and Redress Act 2007(52) is amended as follows.
(2) In section 1(53) (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(54) (designated consumers), in subsection (4)(aa), after “Citizens Advice Scotland” insert “and Consumer Scotland”.
(4) In section 5(55) (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(56) (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(57) (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(58) (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(59) (guidance for energy consumers), in subsection (8C), after “include a reference to” insert “Citizens Advice Scotland or”.
(9) In section 24(60) (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(61) (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(62) (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(63) (standards for handling complaints), in subsection (8), after paragraph (ba) (and before the “and” following it) insert—
“(bb)Consumer Scotland,”.
(13) In section 45(64) (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(65) (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”.
8.—(1) The Postal Services Act 2011(66) is amended as follows.
(2) In section 61(67) (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 5(68), in paragraph 1 (approval of redress schemes), after sub-paragraph (7)(f) (and before the “and” following it) insert—
“(fa)Consumer Scotland,”.
9.—(1) The Smart Meters Act 2018(69) is amended as follows.
(2) In section 12 (modification under section 11), in subsection (2)(d), for “Citizens Advice Scotland” substitute “Consumer Scotland”.
10.—(1) The Domestic Gas and Electricity (Tariff Cap) Act 2018(70) is amended as follows.
(2) In section 4 (notice of proposed modifications), in subsection (4)(d), for “Citizens Advice Scotland” substitute “Consumer Scotland”.
11.—(1) The Electricity and Gas (Standards of Performance) (Suppliers) Regulations 2015(71) 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”.
1975 c. 24. There are amendments to Part 2 of Schedule 1 that are not relevant to this Order.
Section 4AB was inserted by section 10 of the Utilities Act 2000 (c. 27); section 4AB(3)(b) and (ba) was substituted by S.I. 2014/631.
Section 6A was inserted by section 2 of the Gas (Exempt Supplies) Act 1993 (c. 1), and then substituted by section 4 of the Gas Act 1995 (c. 45); section 6A(1B) was inserted by section 86(2) of the Utilities Act 2000 and was relevantly amended by S.I. 2014/631.
Section 8 was substituted by section 8(1) of the Gas Act 1995 and was relevantly amended by S.I. 2014/631.
Section 23 was substituted by paragraph 21 of Schedule 3 to the Gas Act 1995; section 23(4) was then again substituted by S.I. 2011/2704 and relevantly amended by S.I. 2014/631.
Section 23B was inserted by S.I. 2011/2704 and was relevantly amended by paragraphs 16(3) and (4) of Schedule 6 to the Enterprise and Regulatory Reform Act 2013 (c. 24) and S.I. 2014/631.
Section 27A was inserted by paragraph 26 of Schedule 3 to the Gas Act 1995; section 27A(1) was amended by paragraphs 2(1) and 10 of Part 1 of Schedule 6 to the Utilities Act 2000 and S.I. 2014/631.
Section 30A was inserted by section 95(1) of the Utilities Act 2000; section 30A(7)(d) was amended by S.I. 2014/631.
Section 33AB was inserted by section 90(2) of the Utilities Act 2000 (c. 27); section 33AB(1) was amended by S.I. 2014/631.
Section 33BAA was inserted by section 92 of the Utilities Act 2000; section 33BAA(1)(c) was amended by S.I. 2014/631.
Section 33BC was inserted by paragraph 36 of Schedule 3 to the Gas Act 1995 (c. 45), substituted by section 99 of the Utilities Act 2000 and relevantly amended by paragraph 2(2) of the Schedule to the Climate Change and Sustainable Energy Act 2006 (c. 19); section 33BC(11) was amended by S.I. 2014/631.
Section 41D was inserted by section 88 of the Utilities Act 2000; section 41D(2) was amended by S.I. 2014/631.
Section 41E was inserted by section 88 of the Utilities Act 2000; section 41E(4) was amended by S.I. 2014/631.
Section 41F was inserted by section 88 of the Utilities Act 2000; section 41F(7) was amended by S.I. 2014/631.
Section 41G was inserted by section 88 of the Utilities Act 2000; section 41G(2)(a) was amended by S.I. 2014/631.
Section 41H was inserted by section 88 of the Utilities Act 2000; section 41H(2)(a) was amended by S.I. 2014/631.
Section 41I was inserted by section 18(5) of the Utilities Act 2000 and amended by S.I. 2014/631.
Schedule 2B was inserted by Schedule 2 to the Gas Act 1995.
Paragraph 6A was inserted by section 84(2) of the Utilities Act 2000 and substituted by section 181(1) of the Energy Act 2004 (c. 20); paragraph 6A(4)(aa) was amended by S.I. 2014/631.
Paragraph 8(11) was amended by paragraph 23(c) of Schedule 6 to the Utilities Act 2000 and S.I. 2014/631.
Section 3B was inserted by section 14 of the Utilities Act 2000 (c. 27); section 3B(3)(ba) was amended by S.I. 2014/631.
Section 5 was substituted by section 29 of the Utilities Act 2000; section 5(3)(a) was amended by S.I. 2014/631.
Section 8A was inserted by section 33 of the Utilities Act 2000; section 8A(4)(b) was amended by S.I. 2014/631.
Section 11A was inserted by section 35 of the Utilities Act 2000; section 11A(4) was substituted by S.I. 2011/2704; section 11A(4)(b) was amended by S.I. 2014/631.
Section 11C was inserted by S.I. 2011/2704 and was relevantly amended by paragraphs 31(3) and (4) of Schedule 6 to the Enterprise and Regulatory Reform Act 2013 (c. 24); section 11C(2)(d) and (4)(c) was amended by S.I. 2014/631.
Section 23(1A) was inserted by paragraph 26(2) of Schedule 6 to the Utilities Act 2000 and amended by S.I. 2014/631.
Section 27A was inserted by section 59(1) of the Utilities Act 2000; section 27A(7)(d) was amended by S.I. 2014/631.
Section 32L was substituted by section 37 of the Energy Act 2008 (c. 32); section 32L(1)(ba) was amended by S.I. 2014/631.
Section 39B was inserted by section 54(2) of the Utilities Act 2000; section 39B(1)(a) and (b) was amended by S.I. 2014/631.
Section 40B was inserted by section 56 of the Utilities Act 2000; section 40B(1)(c) was amended by S.I. 2014/631.
Section 41A was inserted by section 70 of the Utilities Act 2000; section 41A(11) was amended by paragraph 4(10) of Schedule 1 to the Energy Act 2011 and S.I. 2014/631.
Section 56B was inserted by section 43 of the Utilities Act 2000 (c. 27); section 56B(2) was amended by S.I. 2014/631.
Section 56C was inserted by section 43 of the Utilities Act 2000; section 56C(4) was amended by S.I. 2014/631.
Section 56D was inserted by section 43 of the Utilities Act 2000; section 56D(7) and (8) was amended by S.I. 2014/631.
Section 56E was inserted by section 43 of the Utilities Act 2000; section 56E(2)(a) was amended by S.I. 2014/631.
Section 56F was inserted by section 43 of the Utilities Act 2000; section 56F(2)(a) was amended by S.I. 2014/631.
Section 56G was inserted by section 18(6) of the Utilities Act 2000 and was amended by S.I. 2014/631.
Schedule 6 was substituted by Schedule 4 to the Utilities Act 2000; paragraph 3(10)(b) was amended by S.I. 2014/631.
Schedule 7 paragraph 12(5)(aa) was amended by S.I. 2014/631.
Section 93(2) was relevantly amended by S.I. 2014/631.
Section 4(6) was amended by S.I. 2014/631.
Section 5(7) was amended by S.I. 2014/631.
Section 103(4) was relevantly amended by S.I. 2014/631.
Section 103A was inserted by section 70 of the Energy Act 2011 (c. 16); section 103A(5) was amended by S.I. 2014/631.
Section 105(11A) was inserted by paragraph 20(d) of Schedule 7 to the Consumers, Estate Agents and Redress Act 2007 (c. 17); section 105(3)(a), (5)(m), (n) and (11A) was relevantly amended by S.I. 2014/631.
Section 17(4A) to (4C) was inserted by section 40 of the Consumers, Estate Agents and Redress Act 2007; section 17(4A) to (4C) was amended by S.I. 2014/631; section 17(5) was amended by section 40 of the Consumers, Estate Agents and Redress Act 2007 and S.I. 2014/631.
Section 1 was substituted by S.I. 2014/631.
Section 4(4) was amended by S.I. 2014/631.
Section 5(4A) was inserted by S.I. 2014/631.
Section 12(5) and (6) was inserted by S.I. 2014/631.
Section 13(5A) and (5B) was inserted by S.I. 2014/631.
Section 16(1) was substituted by S.I. 2014/631.
Section 19A was inserted by S.I. 2011/2704; section 19A(8C) was inserted by S.I. 2014/631.
Section 24(2A) was inserted by S.I. 2014/631.
Section 27(1) was substituted by S.I. 2014/631.
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.
Section 43(8) was amended by S.I. 2014/631.
Section 45(2) was relevantly amended by S.I. 2014/631.
Section 49(7)(e) and (8) was amended, and subsection (9) inserted, by S.I. 2014/631.
Section 61(3) was amended, and section 61(3A) inserted, by S.I. 2014/631.
Paragraph 1(7) of Schedule 5 was amended by S.I. 2014/631.
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