SCHEDULE 1Transfer of certain functions of the National Consumer Council, transfer of certain consumer advice scheme functions of the OFT and consequential, supplementary, incidental and transitional provision

PART 1Amendments to Acts

Electricity Act 1989

5.

(1)

The Electricity Act 198947 is amended as follows.

(2)

In section 3B (guidance on social and environmental matters)48, in subsection (3) for paragraph (b) substitute—

“(b)

Citizens Advice;

(ba)

Citizens Advice Scotland;”.

(3)

In section 5 (exemptions from prohibition), in subsection (3)(a) for “and the Council” substitute “, Citizens Advice and Citizens Advice Scotland”.

(4)

In section 8A (standard conditions of licences)49, in subsection (4)(b) for “and the Council” substitute “, Citizens Advice and Citizens Advice Scotland”.

(5)

In section 11A (modification of conditions of licences)50, in subsection (4)(b)—

(a)

omit the “and” after sub-paragraph (ii);

(b)

for sub-paragraph (iii) substitute—

“(iii)

Citizens Advice, and

(iv)

Citizens Advice Scotland.”

(6)

In section 11C (appeal to the Competition Commission)51—

(a)

in subsection (2)(d), for “the Council” substitute “Citizens Advice or Citizens Advice Scotland or those bodies acting jointly”;

(b)

in subsection (4)(c) for “the Council” substitute “Citizens Advice or Citizens Advice Scotland or those bodies acting jointly”.

(7)

In section 23 (determination of disputes)52, in subsection (1A)(a) for the words from “Authority by” to “the Council;” substitute—

“Authority—

(i)

by either party, or

(ii)

with the consent of either party, by Citizens Advice or Citizens Advice Scotland or Citizens Advice and Citizens Advice Scotland acting jointly;”.

(8)

In section 27A (penalties)53, in subsection (7)—

(a)

omit the “and” following paragraph (b);

(b)

for paragraph (c) substitute—

“(c)

by serving a copy of the notice on Citizens Advice; and

(d)

by serving a copy of the notice on Citizens Advice Scotland.”

(9)

In section 32L (renewables obligation orders: procedure)54, in subsection (1), for paragraph (b) substitute—

“(b)

Citizens Advice,

(ba)

Citizens Advice Scotland,”.

(10)

In section 39B (standards of performance in individual cases: disputes)55, in subsection (1)—

(a)

in paragraph (a) for the words from “the Authority” to “the Council;” substitute—

“Authority—

(i)

by either party, or

(ii)

with the consent of either party, by Citizens Advice or Citizens Advice Scotland or Citizens Advice and Citizens Advice Scotland acting jointly;”.

(b)

in paragraph (b) for “the Council” substitute “Citizens Advice or Citizens Advice Scotland”.

(11)

In section 40B (procedures for prescribing or determining standards of performance)56, in subsection (1)(c) for “the Council” substitute “Citizens Advice and Citizens Advice Scotland”.

(12)

In section 41A57 (promotion of reductions in carbon emissions: electricity distributors and electricity suppliers), in subsection (11) for “the Council” substitute “Citizens Advice, Citizens Advice Scotland”.

(13)

In section 42AA (publication of statistical information about standards of performance)58—

(a)

in subsection (1) for the words from the beginning to “considers appropriate” substitute “It shall be the duty of both Citizens Advice and Citizens Advice Scotland to secure the publication, in such form and manner and with such frequency as the particular body thinks appropriate, of such statistical information as the particular body considers appropriate”;

(b)

after subsection (1) insert—

“(1A)

Citizens Advice and Citizens Advice Scotland may comply with the duty in subsection (1) by publishing information jointly or by securing that information is published on behalf of both of them.”;

(c)

in subsection (2) for “or the Council” substitute “, Citizens Advice or Citizens Advice Scotland”.

(14)

In section 56B (application by Authority for order including new activities)59, in subsection (2) for “the Council” substitute “Citizens Advice and Citizens Advice Scotland”.

(15)

In section 56C (references to Competition Commission)60, in subsection (4) for “the Council” substitute “Citizens Advice and Citizens Advice Scotland”.

(16)

In section 56D (reports on references)61—

(a)

in subsection (7)—

(i)

for “send another copy to the Council” substitute “send a copy of the report to Citizens Advice and Citizens Advice Scotland”;

(ii)

for “that other copy” substitute “the copy sent to Citizens Advice and Citizens Advice Scotland”;

(b)

in subsection (8) for “the Council” substitute “Citizens Advice and Citizens Advice Scotland”.

(17)

In section 56E (application by Authority for order excluding activities)62, in subsection (2)(a) for “the Council” substitute “, Citizens Advice and Citizens Advice Scotland”.

(18)

In section 56F (consultation by Secretary of State about order excluding activities)63, in subsection (2)(a) for “and the Council” substitute “, Citizens Advice and Citizens Advice Scotland”.

(19)

In section 56G (service by Authority of certain notices on Council)64—

(a)

in the heading for “Council” substitute “Citizens Advice and Citizens Advice Scotland”;

(b)

for “the Council” substitute “Citizens Advice and Citizens Advice Scotland”.

(20)

In section 111 (general interpretation)65, 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 “the Council”.

(21)

In Schedule 6 (the electricity code) in paragraph 3(10)(b)66 for “and to the Council” substitute “, to Citizens Advice and to Citizens Advice Scotland”.

(22)

In Schedule 7 (use etc. of electricity meters), in paragraph 12(5), for paragraph (a) substitute—

“(a)

Citizens Advice;

(aa)

Citizens Advice Scotland;”.