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The Consumer Scotland (Transfer of Functions) Regulations 2022

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2022, ISBN 9780111055182

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

These Regulations supersede the draft of the same title which was laid before the Scottish Parliament and published on 13 December 2021 (ISBN 978-0-11-105264-8). They are being issued free of charge to all known recipients of those draft Regulations.

Draft Regulations laid before the Scottish Parliament under section 26(3)(a) of the Consumer Scotland Act 2020 for approval by resolution of the Scottish Parliament.

Consumer Protection

Made 2022

Coming into force 10th November 2022

The Scottish Ministers make the following Regulations in exercise of the powers conferred on them by section 20(1) and (2) and section 26(1)(b) of the Consumer Scotland Act 2020f1 and all other powers enabling them to do so.

In accordance with section 26(3)(a) of that Act, a draft of these Regulations has been laid before and approved by resolution of the Scottish Parliament.

In accordance with section 20(4) of that Act, the Scottish Ministers have consulted such persons as they consider appropriate, including Consumer Scotland and Citizens Advice Scotland.

Annotations to the whole text

Footnotes

f1

2020 asp 11.

Contents

  1. 1Citation, commencement and interpretation
  2. 2Modifications of Acts of the Scottish Parliament
  3. 3Transitional and saving provision
  4. Signature
  5. Schedule: MODIFICATIONS OF ACTS OF THE SCOTTISH PARLIAMENT
  6. 1Water Industry (Scotland) Act 2002
  7. 2Water Services etc. (Scotland) Act 2005
  8. 3Public Services Reform (Scotland) Act 2010
  9. Explanatory note

1Citation, commencement and interpretation

(1)

These Regulations may be cited as the Consumer Scotland (Transfer of Functions) Regulations 2022 and come into force on 10 November 2022.

(2)

In these Regulations, “Citizens Advice Scotland” means the Scottish Association of Citizens Advice Bureauxf1.

(3)

Any modification made by these Regulations has the same extent as the provision modified.

2Modifications of Acts of the Scottish Parliament

The modifications specified in the schedule have effect.

3Transitional and saving provision

(1)

Nothing in these Regulations affects the validity of anything done (or having effect as if done) by or in relation to Citizens Advice Scotland before their coming into force.

(2)

Anything done (or having effect as if done) at the coming into force of these Regulations by or in relation to Citizens Advice Scotland, so far as it relates to any function of Citizens Advice Scotland transferred to Consumer Scotland by these Regulations, has effect, so far as is necessary for continuing its effect after the coming into force of these Regulations, as if done by or in relation to Consumer Scotland.

(3)

Anything (including legal proceedings) which at the coming into force of these Regulations is in the process of being done by or in relation to Citizens Advice Scotland, so far as it relates to any function transferred by these Regulations, may be continued by or in relation to Consumer Scotland.

(4)

So far as may be necessary for the purposes of or in consequence of a transfer of a function by these Regulations, a reference to Citizens Advice Scotland in a Scottish instrument or other document is to be treated as a reference to Consumer Scotland.

Signature

Name

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

Date

1Water Industry (Scotland) Act 2002

(1)

The Water Industry (Scotland) Act 2002f1 is amended as follows.

(2)

In section 4f2 (power of the Commission to require information), in subsection (4), after “Scotland”, insert “or Consumer Scotland”.

(3)

In section 6f3 (funding of the Commission and Citizens Advice Scotland)—

(a)

in the heading, for “Citizens Advice Scotland” substitute “Consumer Scotland”,

(b)

in subsection (2A)—

(i)

for “Citizens Advice Scotland” substitute “Consumer Scotland”,

(ii)

for “Citizens Advice Scotland’s”, substitute “Consumer Scotland’s”, and

(c)

in subsection (2B), for “Citizens Advice Scotland” substitute “Consumer Scotland”.

(4)

In section 27f4 (approval of customer standards code)—

(a)

in subsection (1), for “Citizens Advice Scotland” substitute “Consumer Scotland”,

(b)

in subsection (4), for “Citizens Advice Scotland” substitute “Consumer Scotland”.

(5)

In section 28f5 (consultation code), in subsection (3)(a) in both places it occurs, for “Citizens Advice Scotland” substitute “Consumer Scotland”.

(6)

In section 29Bf6 (determination of maximum charges), in subsection (4)(a)(iii) for “Citizens Advice Scotland” substitute “Consumer Scotland”.

(7)

In section 29Df7 (statements regarding charges), in subsection (5)(b) for “Citizens Advice Scotland” substitute “Consumer Scotland”.

(8)

In section 56Af8 (directions may set objectives), in subsection (4) for “Citizens Advice Scotland” substitute “Consumer Scotland”.

(9)

In section 57f9 (information and reports), in subsection (6)(a) for “Citizens Advice Scotland” substitute “Consumer Scotland”.

2Water Services etc. (Scotland) Act 2005

(1)

The Water Services etc. (Scotland) Act 2005f1 is amended as follows.

(2)

In section 19f2 (disconnections code), in subsection (4)(c), for “Citizens Advice Scotland” substitute “Consumer Scotland”.

(3)

In section 20Bf3 (Commission’s scheme), in subsection (4)(c), for “Citizens Advice Scotland” substitute “Consumer Scotland”.

3Public Services Reform (Scotland) Act 2010

(1)

The Public Services Reform (Scotland) Act 2010f1 is amended as follows.

(2)

In section 3f2 (transfer to certain bodies of functions of Waterwatch Scotland)—

(a)

in subsection (4), for “Citizens Advice Scotland” substitute “Consumer Scotland”,

(b)

in subsection (5), for “Citizens Advice Scotland” substitute “Consumer Scotland”, and

(c)

omit subsection (8).

Explanatory note

(This note is not part of the Regulations)

These Regulations make provision in consequence of the Consumer Scotland Act 2020 (asp 11) which establishes Consumer Scotland and makes provision about its functions.

Regulation 2 and the schedule make modifications to primary legislation in consequence of the Consumer Scotland Act 2020 to transfer certain functions from the Scottish Association of Citizens Advice Bureaux (“Citizens Advice Scotland”) to Consumer Scotland.

Regulation 3 makes transitional and saving provisions relating to the transfer of functions from Citizens Advice Scotland to Consumer Scotland.