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

Made: 13th March 2014

Coming into force in accordance with Article 1(2) to (6)

In accordance with section 11(4) of the Act, the draft of this Order has been approved by a resolution of each House of Parliament after the expiry of the 40-day period referred to in that provision.

Citation, commencement, interpretation and extent

1

• (1) This Order may be cited as 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.

• (2) This article comes into force on the day after the day on which this Order is made.

• (3) Subject to paragraph (4), articles 2, 3 and 4 of this Order come into force on 1st April 2014.

• (4) Article 3(1)(g) and paragraph 14 of Schedule 1 (repeal of reference to the National Consumer Council in Schedule 1 to the Public Bodies Act 2011) come into force on 2nd April 2014.

• (5) Subject to paragraphs (6) and (7), article 5 of this Order comes into force on 31st March 2014.

• (6) Article 5(3)(a)(ii) and paragraph 6 of Schedule 2 (repeal of reference to the Office of Fair Trading in Schedule 5 to the Public Bodies Act 2011) come into force on 1st April 2014.

• (7) Paragraph 16 of Schedule 2 (provision of information to the lead enforcement authority by the OFT) comes into force on the day after the day on which this Order is made.

• (8) An amendment or repeal made by this Order has the same extent as the enactment to which it relates.

• (9) In this Order—

• “the 1979 Act” means the Estate Agents Act 1979[^f00002];

• “the 2002 Act” means the Enterprise Act 2002[^f00003];

• “the 2007 Act” means the Consumers, Estate Agents and Redress Act 2007[^f00004];

• “the 2007 Regulations” means the Money Laundering Regulations 2007[^f00005];

• “Citizens Advice” means the National Association of Citizens Advice Bureaux[^f00006];

• “Citizens Advice Scotland” means the Scottish Association of Citizens Advice Bureaux[^f00007];

• “CMA” means the Competition and Markets Authority[^f00008];

• “the Commissioners” means the Commissioners for Her Majesty’s Revenue and Customs;

• “the First-tier Tribunal” means the First-tier Tribunal constituted under section 3(1) of the Tribunal, Courts and Enforcement Act 2007[^f00009]”

• “the GCCNI” means the General Consumer Council for Northern Ireland[^f00010];

• “the lead enforcement authority” means Powys County Council;

• “the National Consumer Council” means the National Consumer Council established by section 1 of the 2007 Act;

• “the OFT” means the Office of Fair Trading established by section 1 of the 2002 Act.

• (10) A reference in this Order to a consumer advocacy body is a reference to—

• (a) Citizens Advice,

• (b) Citizens Advice Scotland, or

• (c) the GCCNI.

Abolition of the National Consumer Council

2

The National Consumer Council is abolished.

Transfer of functions of the National Consumer Council

3

• (1) Schedule 1 has effect—

• (a) to transfer certain functions of the National Consumer Council under—

• (i) the Postal Services Act 2000[^f00011],

• (ii) the 2007 Act, and

• (iii) the Postal Services Act 2011[^f00012],

to the consumer advocacy bodies;

• (b) to transfer certain functions of the National Consumer Council under—

• (i) the Gas Act 1986[^f00013],

• (ii) the Electricity Act 1989[^f00014],

• (iii) the Utilities Act 2000[^f00015],

• (iv) the Communications Act 2003[^f00016], and

• (v) the 2007 Act,

to Citizens Advice and to Citizens Advice Scotland;

• (c) to transfer certain functions of the National Consumer Council under—

• (i) the Warm Homes and Energy Conservation Act 2000[^f00017], and

• (ii) the 2007 Act,

to Citizens Advice;

• (d) to transfer certain functions of the National Consumer Council under—

• (i) the Water Industry (Scotland) Act 2002[^f00018],

• (ii) the Water Services etc (Scotland) Act 2005[^f00019], and

• (iii) the Public Service Reform (Scotland) Act 2010[^f00020],

to Citizens Advice Scotland;

• (e) to transfer certain functions of the National Consumer Council under the 2007 Act to the GCCNI;

• (f) to make consequential, supplementary incidental and transitional provision relating to the abolition of the National Consumer Council and the transfer of certain functions;

• (g) to repeal the entry relating to the National Consumer Council in Schedule 1 to the Public Bodies Act 2011.

• (2) A function transferred under paragraph (1)(a) or (b) to Citizens Advice or Citizens Advice Scotland—

• (a) may be exercised by each of them jointly with the other;

• (b) may be exercised on behalf of the one to which the function is transferred by the other of them, if they so agree.

• (3) The conferring of functions on Citizens Advice or Citizens Advice Scotland by or under this Order is without prejudice to the functions of Citizens Advice and Citizens Advice Scotland not so conferred.

• (4) A function transferred to the GCCNI under paragraph (1)(a) or (e) may be exercised by that body only in relation to consumer matters that relate to postal services in Northern Ireland.

• (5) In paragraph (4) “consumer matters” has the meaning given by section 3 of the 2007 Act.

Transfer of OFT functions in relation to a consumer advice scheme

4

Schedule 1 also has effect—

• (a) to transfer certain functions of the OFT under the 2007 Act in relation to a consumer advice scheme to Citizens Advice and Citizens Advice Scotland;

• (b) to make consequential, supplementary and incidental provision relating to the transfer of certain functions relating to a consumer advice scheme from the OFT to Citizens Advice and Citizens Advice Scotland.

Transfer of OFT functions in relation to estate agents

5

• (1) The functions conferred on the OFT by the 1979 Act are transferred to the lead enforcement authority.

• (2) The functions exercisable by the OFT under the 2007 Regulations by virtue of its role as the supervisory authority for estate agents pursuant to regulation 23(1)(b)(ii) of those Regulations are transferred to the Commissioners.

• (3) The following Schedules have effect—

• (a) Schedule 2, which—

• (i) makes consequential, supplementary, incidental and transitional provision and savings relating to the transfer of functions under the Estate Agents Act 1979; and

• (ii) repeals the entry relating to the OFT in Schedule 5 to the Public Bodies Act 2011;

• (b) Schedule 3 (consequential, supplementary, incidental and transitional provision and savings relating to the transfer of functions under the 2007 Regulations).

SCHEDULE 1 — Transfer 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 1 — Amendments to Acts

Public Records Act 1958

1

In Part 2 of Schedule 1 to the Public Records Act 1958[^f00021] (definition of public record: other establishments and organisations) omit the entry relating to the National Consumer Council.

Parliamentary Commissioner Act 1967

2

In Schedule 2 to the Parliamentary Commissioner Act 1967[^f00022] (departments etc. subject to investigation) omit the entry relating to the National Consumer Council.

House of Commons Disqualification Act 1975

3

In Schedule 1 to the House of Commons Disqualification Act 1975[^f00023] (offices disqualifying for membership)—

• (a) in Part 2 (bodies of which all members are disqualified)[^f00024] omit the entry relating to the National Consumer Council;

• (b) in Part 3 (other disqualifying offices)[^f00025] omit the entry relating to a member of a committee of the National Consumer Council established under section 1 of, or paragraph 12 of Schedule 1 to, the Consumers, Estate Agents and Redress Act 2007.

Gas Act 1986

4

• (1) The Gas Act 1986[^f00026] is amended as follows.

• (2) In section 4AB (guidance on social and environmental matters)[^f00027], in subsection (3) for paragraph (b) substitute—

(b) Citizens Advice; (ba) Citizens Advice Scotland;

• (3) In section 6A (exemptions from prohibition)[^f00028], in subsection (1B)(a) for “and the Council” substitute “, Citizens Advice and Citizens Advice Scotland”.

• (4) In section 8 (standard conditions of licences)[^f00029], in subsection (5)(b) for “and to the Council” substitute “, to Citizens Advice and to Citizens Advice Scotland”.

• (5) In section 23 (modifications of conditions of licences)[^f00030], in subsection (4)(b)—

• (a) omit the “and” following sub-paragraph (iii);

• (b) for sub-paragraph (iv) substitute—

(iv) Citizens Advice, and (v) Citizens Advice Scotland.

• (6) In section 23B (appeal to the Competition Commission)[^f00031]—

• (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 “by the Council,” substitute “by Citizens Advice or Citizens Advice Scotland or those bodies acting jointly,”.

• (7) In section 27A (determination of certain disputes)[^f00032], in subsection (1)(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 30A (penalties)[^f00033], 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 33AB (standards of performance in individual cases: disputes)[^f00034], in subsection (1)—

• (a) in paragraph (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;

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

• (10) In section 33BAA (procedures for prescribing or determining standards of performance)[^f00035], in subsection (1)(c) for “the Council” substitute “Citizens Advice and Citizens Advice Scotland”.

• (11) In section 33BC (promotion of reductions in carbon emissions: gas transporters and gas suppliers)[^f00036], in subsection (11) for “the Council” substitute “Citizens Advice, Citizens Advice Scotland”.

• (12) In section 33DA (publication of statistical information about standards of performance)[^f00037]—

• (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”.

• (13) In section 41D (application by Authority for order including new activities)[^f00038], in subsection (2) for “the Council” substitute “Citizens Advice and Citizens Advice Scotland”.

• (14) In section 41E (references to Competition Commission)[^f00039], in subsection (4) for “the Council” substitute “Citizens Advice and Citizens Advice Scotland”.

• (15) In section 41F (reports on references)[^f00040]—

• (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”.

• (16) In section 41G (application by Authority for order excluding activities)[^f00041], in subsection (2)(a) for “and the Council” substitute “, Citizens Advice and Citizens Advice Scotland”.

• (17) In section 41H (consultation by Secretary of State about order excluding activities)[^f00042], in subsection (2)(a) for “and the Council” substitute “, Citizens Advice and Citizens Advice Scotland”.

• (18) In section 41I (service by Authority of certain notices on Council)[^f00043]—

• (a) in the heading for “Council” substitute “Citizens Advice and Citizens Advice Scotland”;

• (b) for “the Council” substitute “Citizens Advice and Citizens Advice Scotland”.

• (19) In section 66 (general interpretation)[^f00044]—

• (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”.

• (20) In Schedule 2B (the gas code)—

• (a) in paragraph 6A(4)[^f00045], for paragraph (a) substitute—

(a) Citizens Advice; (aa) Citizens Advice Scotland;

• (b) in paragraph 8(11)(b)[^f00046] for “and to the Council” substitute “, to Citizens Advice and to Citizens Advice Scotland”.

Electricity Act 1989

5

• (1) The Electricity Act 1989[^f00047] is amended as follows.

• (2) In section 3B (guidance on social and environmental matters)[^f00048], 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)[^f00049], in subsection (4)(b) for “and the Council” substitute “, Citizens Advice and Citizens Advice Scotland”.

• (5) In section 11A (modification of conditions of licences)[^f00050], 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)[^f00051]—

• (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)[^f00052], 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)[^f00053], 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)[^f00054], 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)[^f00055], 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)[^f00056], in subsection (1)(c) for “the Council” substitute “Citizens Advice and Citizens Advice Scotland”.

• (12) In section 41A[^f00057] (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)[^f00058]—

• (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—