OpenLegislation

Section 37 Extension of the functions of Citizens Advice and Citizens Advice ScotlandF6I1

England, Wales and Scotland

(1)

The Secretary of State may, by order, confer on F1Citizens Advice or Citizens Advice Scotland any other function or functions if the Secretary of State considers that it is in the interests of consumers generally, or consumers of a particular description, to do so.

(2)

The Secretary of State may only confer a function on F2Citizens Advice or Citizens Advice Scotland under this section if the function appears to the Secretary of State to be connected (directly or indirectly) to an existing or former function of the Council.

(3)

Before making an order under subsection (1), the Secretary of State must consult—

(a)

F3the body on which the Secretary of State proposes to confer a function or functions,

(b)

if it appears to the Secretary of State that the exercise of any function conferred by the order might affect Wales in relation to any matter as respects which functions are exercisable by the Welsh Ministers, those Ministers, and

(c)

such other persons as the Secretary of State considers appropriate.

F4(3A)

An order under this section may not—

(a)

confer a function on Citizens Advice or Citizens Advice Scotland, or

(b)

modify a function conferred on Citizens Advice or Citizens Advice Scotland by an order under this section,

unless that body consents to the conferring or modifying of the function.

(4)

An order under this section may not make provision which would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament.

(5)

An order under this section which makes provision which would be within the legislative competence of the National Assembly for Wales if it were contained in F5an Act of the Assembly may only be made with the consent of the Assembly.

(6)

In subsection (5) “ the Assembly Act provisions ” has the meaning given by section 103(8) of the Government of Wales Act 2006 (c. 32).

Annotations

Textual amendments

F1

Words in s. 37(1) substituted (1.4.2014) by 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. 12(39)(b) (with Sch. 1 para. 28, Sch. 2 paras. 13-15)

F2

Words in s. 37(2) substituted (1.4.2014) by 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. 12(39)(c) (with Sch. 1 para. 28, Sch. 2 paras. 13-15)

F3

Words in s. 37(3)(a) substituted (1.4.2014) by 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. 12(39)(d) (with Sch. 1 para. 28, Sch. 2 paras. 13-15)

F4

S. 37(3A) inserted (1.4.2014) by 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. 12(39)(e) (with Sch. 1 para. 28, Sch. 2 paras. 13-15)

F5

Words in s. 37(5) substituted (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 6 para. 70 (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(r)

F6

Words in s. 37 heading substituted (1.4.2014) by 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. 12(39)(a) (with Sch. 1 para. 28, Sch. 2 paras. 13-15)

Commencement

I1

S. 37 in force at 1.10.2008 by S.I. 2008/2550 , art. 2 , Sch.

Notes on Part 1

Textual amendments

F1

Pt. 1 heading substituted (1.4.2014) by 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. 12(2) (with Sch. 1 para. 28, Sch. 2 paras. 13-15)

Modifications

C1

Pt. 1: power to apply (with modifications) conferred (26.10.2023) by Energy Act 2023 (c. 52), s. 334(2)(l), Sch. 18 para. 61(1)

C2

Pt. 1: power to extend (N.I.) conferred (26.10.2023) by Energy Act 2023 (c. 52), s. 334(2)(l), Sch. 18 para. 61(3)

C3

Pt. 1 applied (with modifications) (E.W.S.) (1.4.2025 for specified purposes, 27.1.2026 in so far as not already in force) by The Heat Networks (Market Framework) (Great Britain) Regulations 2025 (S.I. 2025/269), regs. 1(3)(d)(4), 54

Notes on Alteration of the functions of Citizens Advice and Citizens Advice Scotland

Textual amendments

F1

Words in s. 37 cross-heading substituted (1.4.2014) by 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. 12(38) (with Sch. 1 para. 28, Sch. 2 paras. 13-15)