The Consumer Scotland Act 2020 (Consequential Provisions and Modifications) Order 2022

This Order may be cited as the Consumer Scotland Act 2020 (Consequential Provisions and Modifications) Order 2022 and comes into force on the day after the day on which it is made.

Any modification made by this Order has the same extent as the provision modified.

Unless the context otherwise requires, references in the Scotland Act 1998 and any other enactment (except the Crown Suits (Scotland) Act 1857^f1) to an office-holder in the Scottish Administration are to be taken to include a reference to Consumer Scotland.

Paragraph (1) applies whether or not the enactment defines the expression “office-holder in the Scottish Administration” by reference to the Scotland Act 1998 or any specific provision of that Act.

Nothing in this Order affects the validity of anything done (or having effect as if done) by or in relation to the Scottish Association of Citizens Advice Bureaux^f1 before its coming into force.

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

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

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

The House of Commons Disqualification Act 1975^f1 is amended as follows.

In Part 2 of Schedule 1 (bodies of which all members are disqualified), insert the following entry at the appropriate place—

“Consumer Scotland.”.

The Gas Act 1986^f1 is amended as follows.

In section 4AB^f2 (guidance on social and environmental matters), in subsection (3)(ba), for “Citizens Advice Scotland” substitute “Consumer Scotland”.

In section 6A^f3 (exemptions from prohibition on unlicensed activities), in subsection (1B)(a), for “Citizens Advice Scotland” substitute “Consumer Scotland”.

In section 8^f4 (standard conditions of licenses), in subsection (5)(b), for “Citizens Advice Scotland” substitute “Consumer Scotland”.

In section 23^f5 (modification of conditions of licenses), in subsection (4)(b)(v), for “Citizens Advice Scotland” substitute “Consumer Scotland”.

In section 23B^f6 (appeal to the Competition and Markets Authority)—

In section 27A^f7 (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”.

In section 30A^f8 (penalties), in subsection (7)(d), for “Citizens Advice Scotland” substitute “Consumer Scotland”.

In section 33AB^f9 (standards of performance in individual cases: disputes)—

In section 33BAA^f10 (procedures for prescribing or determining standards of performance), in subsection (1)(c), for “Citizens Advice Scotland” substitute “Consumer Scotland”.

In section 33BC^f11 (promotion of reductions in carbon emissions), in subsection (11), for “Citizens Advice Scotland” substitute “Consumer Scotland”.

In section 41D^f12 (application by the Gas and Electricity Markets Authority for order including new activities), in subsection (2), for “Citizens Advice Scotland” substitute “Consumer Scotland”.

In section 41E^f13 (references to the Competition and Markets Authority), in subsection (4), for “Citizens Advice Scotland” substitute “Consumer Scotland”.

In section 41F^f14 (reports on references)—

In section 41G^f15 (application by the Gas and Electricity Markets Authority for order excluding activities), in subsection (2)(a), for “Citizens Advice Scotland” substitute “Consumer Scotland”.

In section 41H^f16 (consultation by Secretary of State about order excluding activities), in subsection (2)(a), for “Citizens Advice Scotland” substitute “Consumer Scotland”.

In section 41I^f17 (service of notices)—

In Schedule 2B^f18 (the Gas Code)—

The Electricity Act 1989^f1 is amended as follows.

In section 3B^f2 (guidance on social and environmental matters), in subsection (3)(ba), for “Citizens Advice Scotland” substitute “Consumer Scotland”.

In section 5^f3 (exemptions from prohibition on unlicensed supply), in subsection (3)(a), for “Citizens Advice Scotland” substitute “Consumer Scotland”.

In section 8A^f4 (standard conditions of licenses), in subsection (4)(b), for “Citizens Advice Scotland” substitute “Consumer Scotland”.

In section 11A^f5 (modifications of conditions of licenses), in subsection (4)(b)(iv), for “Citizens Advice Scotland” substitute “Consumer Scotland”.

In section 11C^f6 (appeal to the Competition and Markets Authority)—

In section 23^f7 (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”.

In section 27A^f8 (penalties), in subsection (7)(d), for “Citizens Advice Scotland” substitute “Consumer Scotland”.

In section 32L^f9 (renewables obligation orders: procedure), in subsection (1)(ba), for “Citizens Advice Scotland” substitute “Consumer Scotland”.

In section 39B^f10 (standards of performance in individual cases: disputes)—

In section 40B^f11 (procedures for prescribing or determining standards of performance), in subsection (1)(c), for “Citizens Advice Scotland” substitute “Consumer Scotland”.

In section 41A(^f12) (promotion of reductions in carbon emissions), in subsection (11), for “Citizens Advice Scotland” substitute “Consumer Scotland”.

In section 56B^f13 (application by the Gas and Electricity Markets Authority for order including new activities), in subsection (2), for “Citizens Advice Scotland” substitute “Consumer Scotland”.

In section 56C^f14 (references to the Competition and Markets Authority), in subsection (4), for “Citizens Advice Scotland” substitute “Consumer Scotland”.

In section 56D^f15 (reports on references)—

In section 56E^f16 (application by the Gas and Electricity Markets Authority for order excluding activities), in subsection (2)(a), for “Citizens Advice Scotland” substitute “Consumer Scotland”.

In section 56F^f17 (consultation by Secretary of State about order excluding activities), in subsection (2)(a), for “Citizens Advice Scotland” substitute “Consumer Scotland”.

In section 56G^f18 (service of notices)—

In Schedule 6^f19, in paragraph 3(10)(b) (the Electricity Code: deemed contracts), for “Citizens Advice Scotland” substitute “Consumer Scotland”.

In Schedule 7^f20, in paragraph 12(5)(aa) (special provision for pre-payment electricity meters), for “Citizens Advice Scotland” substitute “Consumer Scotland”.

The Postal Services Act 2000^f1 is amended as follows.

In section 93^f2 (power to modify sections 89 to 92), in subsection (2), after “Citizens Advice Scotland,” insert “Consumer Scotland,”.

The Utilities Act 2000^f1 is amended as follows.

In section 4^f2 (forward work programmes), in subsection (6), for “Citizens Advice Scotland” substitute “Consumer Scotland”.

In section 5^f3 (annual and other reports of the Gas and Electricity Markets Authority), in subsection (7), for “Citizens Advice Scotland” substitute “Consumer Scotland”.

In section 103^f4 (overall carbon emissions reduction targets), in subsection (4), for “Citizens Advice Scotland” substitute “Consumer Scotland”.

In section 103A^f5 (overall home-heating cost reduction targets), in subsection (5), for “Citizens Advice Scotland” substitute “Consumer Scotland”.

In section 105^f6 (general restrictions on disclosure of information)—

The Communications Act 2003^f1 is amended as follows.

In section 17^f2 (membership of the Consumer Panel)—

The Consumers, Estate Agents and Redress Act 2007^f1 is amended as follows.

In section 1^f2 (the consumer advocacy bodies)—

In section 4^f3 (designated consumers), in subsection (4)(aa), after “Citizens Advice Scotland” insert “and Consumer Scotland”.

In section 5^f4 (forward work programmes of the General Consumer Council for Northern Ireland), in subsection (4A)(b), for “Citizens Advice Scotland” substitute “Consumer Scotland”.

In section 12^f5 (investigation of complaints made by vulnerable designated consumers)—

In section 13^f6 (investigation of complaints relating to disconnection of gas or electricity)—

In section 16^f7 (investigations relating to public post offices), in subsection (1)(a), for “and Citizens Advice Scotland” substitute “, Citizens Advice Scotland and Consumer Scotland”.

In section 19A^f8 (guidance for energy consumers), in subsection (8C), after “include a reference to” insert “Citizens Advice Scotland or”.

In section 24^f9 (provision of information to the consumer advocacy bodies), in subsection (2A), for “or Citizens Advice Scotland” substitute “, Citizens Advice Scotland or Consumer Scotland”.

In section 27^f10 (provision of information by a consumer advocacy body), in subsection (1)(b), for “or Citizens Advice Scotland” substitute “, Citizens Advice Scotland or Consumer Scotland”.

In section 29^f11 (disclosure of information)—

In section 43^f12 (standards for handling complaints), in subsection (8), after paragraph (ba) (and before the “and” following it) insert—

“(bb)

Consumer Scotland,”.

In section 45^f13 (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”.

In section 49^f14 (approval of redress schemes)—

The Postal Services Act 2011^f1 is amended as follows.

In section 61^f2 (duties in relation to social and environmental matters)—

In Schedule 5^f3, in paragraph 1 (approval of redress schemes), after sub-paragraph (7)(f) (and before the “and” following it) insert—

“(fa)

Consumer Scotland,”.

The Smart Meters Act 2018^f1 is amended as follows.

In section 12 (modification under section 11), in subsection (2)(d), for “Citizens Advice Scotland” substitute “Consumer Scotland”.

The Domestic Gas and Electricity (Tariff Cap) Act 2018^f1 is amended as follows.

In section 4 (notice of proposed modifications), in subsection (4)(d), for “Citizens Advice Scotland” substitute “Consumer Scotland”.

The Electricity and Gas (Standards of Performance) (Suppliers) Regulations 2015^f1 are amended as follows.

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”.