The Public Bodies (The Office of Fair Trading Transfer of Consumer Advice Scheme Function and Modification of Enforcement Functions) Order 2013

EXPLANATORY NOTE

(This note is not part of the Order)

This instrument transfers the power of the Office of Fair Trading (“OFT”) to support a consumer advice scheme, within the meaning of article 2, to the National Association of Citizens Advice Bureaux (“Citizens Advice”) and the Scottish Association of Citizens Advice Bureaux (“Citizens Advice Scotland”). The instrument also makes modifications to the OFT’s consumer enforcement functions.

Article 2 transfers the OFT’s power under section 8(1) of the Enterprise Act 2002, of supporting a specified type of public consumer advice scheme to Citizens Advice and Citizens Advice Scotland. It abolishes the OFT’s equivalent power in relation to Northern Ireland, except in so far as it relates to postal services. Article 3 amends the Enterprise Act 2002 to make clear that the OFT may no longer support the specified type of public consumer advice scheme.

Article 4 makes consequential amendments to Part 9 of the Enterprise Act (information sharing).

Articles 5 and 6 make consequential amendments to section 8 of the Utilities Act 2000 and section 51 of the Postal Services Act 2011 as concerns the funding arrangements of the public consumer advice scheme. They ensure that levy payments are no longer made to the OFT but rather to Citizens Advice and Citizens Advice Scotland.

Article 7 adds Citizens Advice to Part 6 of Schedule 1 to the Freedom of Information Act 2000 for the purpose of the function transferred to them under this Order. Article 8 adds Citizens Advice Scotland to Part 7 of Schedule 1 to the Freedom of Information (Scotland) Act 2002 for the same purpose.

Article 9 amends section 214 of the Enterprise Act 2002. There are a number of enforcers under Part 8 of the 2002 Act, primarily the OFT, local weights and measures authorities in Great Britain (known as Trading Standards authorities) and the Department of Enterprise, Trade and Investment in Northern Ireland. There are also a number of sectoral regulators. These enforcers may seek an enforcement order in relation to the enforcement of consumer infringements. As a result of this Order Part 8 enforcers, other than the OFT, will no longer be required to consult with the OFT before they make an application for an enforcement order. Instead, enforcers will be required to notify the OFT that they are making an application.

Articles 10 to 13 amend the Unfair Terms in Consumer Contracts Regulations 1999, the Consumer Protection (Distance Selling) Regulations 2000, the Business Protection from Misleading Marketing Regulations 2008 and the Consumer Protection from Unfair Trading Regulations 2008, to provide that the OFT will have a power rather than a duty to enforce those regulations.

An impact assessment of the effect that this instrument will have on the costs of business, the voluntary sector and the public sector is available from the BIS website at www.bis.gov.uk and is published with the Explanatory Document alongside the instrument on www.legislation.gov.uk . A copy has also been placed in the Libraries of both Houses of Parliament.