Scotland Bill (HL Bill 73)

Scotland BillPage 50

(a) for the heading “Exception” substitute “Exceptions”;

(b) after that heading insert—

“The provision of consumer advocacy and advice by, or by
agreement with, a public body or the holder of a public office,
5but not any related compulsory levy on postal operators.”;

(c) under the heading “Interpretation”, before ““postal services”” insert
““postal operator”,”.

(6) In Section D1 (electricity)—

(a) for the heading “Exception” substitute “Exceptions”;

(b) 10after the exception relating to the Environmental Protection Act 1990
insert—

“The provision of consumer advocacy and advice by, or by
agreement with, a public body or the holder of a public office,
but not any related compulsory levy on persons supplying,
15generating, transmitting or distributing electricity.”

(7) In Section D2 (oil and gas), at the end of the exceptions insert—

“The provision in relation to gas of consumer advocacy and advice by,
or by agreement with, a public body or the holder of a public office, but
not any related compulsory levy on persons supplying gas to premises
20or conveying gas through pipes.”

(8) In paragraph 3(2) of Part 3 of Schedule 5 to the Scotland Act 1998 (reserved
bodies) at the end insert—

(e) the Office of Communications,

(f) the Gas and Electricity Markets Authority.”

(9) 25Section 8 of the Utilities Act 2000 (payments by licence holders relating to new
arrangements) is amended as follows.

(10) In subsection (2)—

(a) after “payment by the licence holder of sums” insert “— (a)”;

(b) at the end insert , or

(b) 30relating to such amounts as the Secretary of State
considers reasonable in respect of the provision, in or as
regards Scotland, of consumer advocacy and advice by,
or by agreement with, a public body or the holder of a
public office, in relation to gas and electricity
35consumers”.

(11) Omit—

(a) subsection (3A)(bb) and (cb);

(b) in subsection (3A)(f) the words “or Citizens Advice Scotland”;

(c) in subsection (3B)(a) the words “(bb),” and “,(cb)”;

(d) 40in subsection (3C) the words “or Citizens Advice Scotland, or by them
jointly,”.

(12) In subsection (9) after “(3A)” insert “or to amounts mentioned in subsection
(2)(b)”.

(13) Section 51 of the Postal Services Act 2011 (consumer protection conditions) is
45amended as follows.

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(14) At the end of subsection (2)(c) omit “and” and insert—

(ca) to make payments relating to such amounts as the Secretary of
State considers reasonable in respect of the provision, in or as
regards Scotland, of consumer advocacy and advice by, or by
5agreement with, a public body or the holder of a public office,
in relation to users of postal services, and”.

(15) In subsection (6) after “(2)(c)” insert “, (ca)”.

(16) Omit—

(a) in subsection (2)(c) the words “, Citizens Advice Scotland”;

(b) 10in subsection (4) the words “, Citizens Advice Scotland”;

(c) subsection (4)(d), (e) and (f);

(d) in subsection (4A) the words “or Citizens Advice Scotland, or by them
jointly,”.

48 Functions exercisable within devolved competence: consumer advocacy and
15advice

(1) The Scotland Act 1998 (“the 1998 Act”) has effect, in relation to any function so
far as exercisable within devolved competence by virtue of a provision of
section 47, as if references to a “pre-commencement enactment” were to—

(a) an Act passed before or in the same session as the relevant date,

(b) 20any other enactment made before the relevant date,

(c) subordinate legislation under section 106 of the 1998 Act, to the extent
that the legislation states that it is to be treated as a pre-commencement
enactment,

but did not include the 1998 Act or this Act (or any amendment made by either
25of those Acts) or, subject to paragraph (c), an enactment comprised in
subordinate legislation under either of those Acts.

(2) In this section—

(a) expressions used in the 1998 Act have the same meaning as in that Act;

(b) the relevant date is the date on which section 47 comes into force.

49 30Gaming machines on licensed betting premises

(1) In Section B9 in Part 2 of Schedule 5 to the Scotland Act 1998 (betting, gaming
and lotteries) at the end insert—

Exception

In the case of a betting premises licence under the Gambling Act 2005,
35other than one in respect of a track, the number of gaming machines
authorised for which the maximum charge for use is more than £10 (or
whether such machines are authorised).”

(2) Section 172 of the Gambling Act 2005 (gaming machines) is amended as
follows.

(3) 40In subsection (11) for “Secretary of State” substitute “appropriate Minister”.

(4) After that subsection insert—

(12) In subsection (11) “the appropriate Minister” means—

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(a) the Scottish Ministers, so far as, in the case of a betting premises
licence in respect of premises in Scotland and not in respect of a
track, the order varies—

(i) the number of gaming machines authorised for which
5the maximum charge for use is more than £10, or

(ii) whether such machines are authorised;

(b) otherwise, the Secretary of State.”

(5) In section 355 of that Act (regulations, orders and rules)—

(a) in subsection (1) after “the Secretary of State” insert “or the Scottish
10Ministers”, and

(b) for subsections (9) and (10) substitute—

(9) Subsection (3) does not apply to regulations made by the
Scottish Ministers (see section 27 of the Interpretation and
Legislative Reform (Scotland) Act 2010: functions exercisable by
15Scottish statutory instrument).

(10) Regulations made by the Scottish Ministers under a provision
specified in subsection (4), or under section 285, and an order
made by the Scottish Ministers under section 172, shall be
subject to the affirmative procedure.

(11) 20Any other regulations made by the Scottish Ministers under a
provision of this Act shall be subject to the negative procedure.”

(6) The amendments made by this section do not apply in relation to a betting
premises licence issued before this section comes into force.

50 Abortion

25In Part 2 of Schedule 5 to the Scotland Act 1998 (specific reservations) omit
Section J1 (abortion).

Part 5 Other executive competence

51 Gaelic Media Service

(1) 30In section 183A of the Broadcasting Act 1990 (membership of the Gaelic Media
Service)—

(a) in subsection (4) for “the Secretary of State and the Scottish Ministers”
substitute “the Scottish Ministers”, and

(b) in subsection (6)(b) for “the Secretary of State with the agreement of the
35Scottish Ministers” substitute “the Scottish Ministers”.

(2) Section 17(4) to (6) of the Scotland Act 2012 is repealed.

52 Commissioners of Northern Lighthouses

(1) Schedule 8 of the Merchant Shipping Act 1995 is amended as follows.

(2) In paragraph 1(2) (Commissioners of Northern Lighthouses), after paragraph

Scotland BillPage 53

(e) insert—

(f) a person appointed by the Secretary of State (in addition to the
person nominated under paragraph (d));

(g) a person appointed by the Scottish Ministers.”

(3) 5In paragraph 2(2) (elections by the Commissioners) for “five” substitute
“three”.

(4) After paragraph 4 (Commissioners constituting quorum) insert—

4A (1) The Commissioners shall send to the Scottish Ministers a copy of any
accounts that they have been required to provide under section 218.

(2) 10The Scottish Ministers shall lay those accounts before the Scottish
Parliament.

(3) The Commissioners shall send to the Scottish Ministers any report
made under section 198(4)(b) (reports on inspections).

(4) The Scottish Ministers shall lay any such report before the Scottish
15Parliament.”

53 Maritime and Coastguard Agency

(1) In section 1 of the Coastguard Act 1925 (transfer of the coastguard to the Board
of Trade), at the end insert—

(3) The Secretary of State must consult the Scottish Ministers about the
20strategic priorities of the Secretary of State in exercising functions
under subsection (1) in relation to activities of Her Majesty’s
Coastguard in Scotland.

(4) In subsection (3) “Scotland” has the same meaning as in the Scotland
Act 1998.”

(2) 25In section 292 of the Merchant Shipping Act 1995 (general functions of the
Secretary of State) after subsection (2) insert—

(3) The Secretary of State must consult the Scottish Ministers about the
strategic priorities of the Secretary of State in exercising functions
under subsection (1) in relation to the safety standards of ships in
30Scotland and protecting the health and safety of persons on them.

(4) In subsection (3) “Scotland” has the same meaning as in the Scotland
Act 1998.”

54 Rail: franchising of passenger services

(1) Section 25 of the Railways Act 1993 (public sector operators not to be
35franchisees) is amended as follows.

(2) In the heading, at the beginning insert “England and Wales:”.

(3) After subsection (2) insert—

(2A) Subsection (1) does not prevent a public sector operator from being a
franchisee in relation to a Scottish franchise agreement.”

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(4) This section does not have effect in relation to any invitation to tender under
section 26(2) of the Railways Act 1993 issued before the day on which this
section comes into force.

55 Fuel poverty: support schemes

(1) 5The Energy Act 2010 is amended as follows.

(2) In section 9 (schemes for reducing fuel poverty) after subsection (1) insert—

(1A) In relation to Scotland, that is subject to section 14A (power of the
Scottish Ministers to make schemes).”

(3) After section 14 (regulations under Part 2: procedure) insert—

14A 10Power of the Scottish Ministers to make schemes under this Part

(1) Subject to the following provisions of this section the power under
section 9 to make a scheme in relation to Scotland is exercisable by the
Secretary of State so as to make only—

(a) provision as to the licensed suppliers to whom the scheme
15applies,

(b) provision as to the aggregate amount of benefits to be provided
under it by scheme suppliers, and

(c) any other provision within section 9(4) or (9)(a) or (c)(v) or (vi).

(2) The power to make other provision under that section for the purposes
20of the scheme is exercisable by the Scottish Ministers.

(3) For the purposes of the exercise of that power by the Scottish Ministers,
this Part applies—

(a) as if references to the Secretary of State in sections 9, 10 and
14(1) and (4) were references to the Scottish Ministers;

(b) 25as if in section 10(7) “Parliament” were “the Scottish
Parliament”.

(4) The power of the Scottish Ministers under section 9 does not include
power to make provision in relation to the subject-matter of sections 88
to 90 of the Energy Act 2008 (smart meters).

(5) 30The Scottish Ministers may not make regulations under section 9
unless—

(a) they have consulted the Secretary of State about the proposed
regulations, and

(b) the Secretary of State has agreed to the regulations being made.

(6) 35Subsections (1) and (2) do not prevent the Secretary of State from
making any provision under section 9 for the purposes of a scheme in
relation to Scotland, or from varying or revoking regulations made by
the Scottish Ministers under that section,—

(a) with the agreement of the Scottish Ministers, or

(b) 40without their agreement, if subsection (7), (9) or (11) applies.

(7) This subsection applies if—

(a) a scheme in relation to England and Wales has been made, or
the Secretary of State intends to make such a scheme, and

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(b) the Secretary of State is satisfied, after consulting the Scottish
Ministers, that, to ensure that a scheme in relation to Scotland is
made with a corresponding scheme period, it is necessary for
the Secretary of State to make any provision not mentioned in
5subsection (1)(a) to (c).

(8) In paragraph (b) of subsection (7) a “corresponding scheme period”
means a scheme period beginning and ending at the same time as that
specified or to be specified in the scheme mentioned in paragraph (a).

(9) This subsection applies if it appears to the Secretary of State that a
10support scheme made in relation to Scotland is, alone or in conjunction
with a scheme made or to be made in relation to England and Wales,
likely to—

(a) cause detriment to the United Kingdom, or

(b) adversely affect the ability of the United Kingdom to comply
15with an international agreement or arrangement in relation to
climate change or energy efficiency,

and the Scottish Ministers have failed to comply with a request made to
them by the Secretary of State to make modifications specified by the
Secretary of State.

(10) 20In determining for the purposes of subsection (9), whether detriment is
likely to be caused to the United Kingdom, considerations that the
Secretary of State may take into account include the costs imposed on
suppliers by virtue of schemes made, or to be made, by the Secretary of
State and the Scottish Ministers under section 9.

(11) 25This subsection applies if—

(a) the Secretary of State makes or intends to make changes to a
support scheme which would result in a significant change in
the costs incurred by suppliers in complying with the scheme,
and

(b) 30the Scottish Ministers have failed to comply with a request
made to them by the Secretary of State to make modifications
specified by the Secretary of State.

(12) A request by the Secretary of State to the Scottish Ministers for the
purposes of subsection (9) or (11)

(a) 35must be in writing;

(b) must specify only modifications that appear to the Secretary of
State to be necessary to prevent the effect mentioned in
subsection (9)(a) or (b), or (as the case may be) to be necessary
or expedient in view of the effect mentioned in subsection
40(11)(a);

(c) must specify the time within which the modifications are to be
made, which must not be less than 2 months from the date of the
request.

(13) Section 14(5) does not apply to regulations by which the Secretary of
45State makes provision by virtue of subsection (6), with or without other
provision under section 9.”

(4) Section 31 (orders and regulations) is amended as follows.

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(5) After subsection (1) insert—

(1A) Subsection (1) does not apply to regulations made by the Scottish
Ministers (see section 27 of the Interpretation and Legislative Reform
(Scotland) Act 2010: functions exercisable by Scottish statutory
5instrument).”

(6) After subsection (4) insert—

(4A) Regulations made by the Scottish Ministers under section 9 are subject
to the affirmative procedure (see section 29 of the Interpretative and
Legislative Reform (Scotland) Act 2010).”

(7) 10In subsection (6) after “Regulations” insert “made by the Secretary of State”.

(8) After subsection (6) insert—

(6A) Regulations made by the Scottish Ministers may impose obligations or
confer functions on a person (including the Scottish Ministers).”

(9) Where an amendment made by this section imposes a requirement to consult
15or to obtain consent, the requirement may be satisfied by consultation
undertaken or consent obtained before this section comes into force.

56 Energy company obligations

(1) The Gas Act 1986 is amended as follows.

(2) After section 33BC (promotion of reduction in carbon emissions) insert—

33BCA 20 Scottish Ministers’ promotion of reductions in carbon emissions:
gas suppliers

(1) Where the Secretary of State under section 33BC imposes on gas
suppliers obligations to achieve a target within a specified period, the
power to make orders under that section is exercisable by the Scottish
25Ministers for the purposes of those obligations imposed in relation to
Scotland and not, except as provided by subsections (9) and (10), by the
Secretary of State.

(2) An obligation is imposed in relation to Scotland to the extent that
measures to meet that obligation may be carried out in Scotland
30(disregarding any power to elect under section 103 of the Utilities Act
2000).

(3) For the purposes of the exercise by the Scottish Ministers of the power
to make an order under section 33BC, that section applies with the
following modifications—

(a) 35for subsection (1) there is substituted a power by order to
specify how gas suppliers may meet their obligations to achieve
the carbon emissions reduction target through measures carried
out in Scotland;

(b) subsections (1A), (3), (5)(a), (7)(a) and (10A) are omitted;

(c) 40in subsection (2A) at the beginning of paragraph (b) there is
inserted “where the Secretary of State has apportioned the
overall carbon emissions reduction target under section 103(2A)
of the Utilities Act 2000, and”;

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(d) in subsection (11) “Citizens Advice” and “gas transporters” is
omitted;

(e) in subsection (12), for the words from “shall not be made” to the
end is substituted “is subject to the affirmative procedure”;

(f) 5in subsection (12A) for the words from “shall be subject to” to
the end is substituted “is subject to the negative procedure”;

(g) for “Secretary of State” in each place is substituted with
“Scottish Ministers”.

(4) The power of the Scottish Ministers under section 33BC does not
10include power to make provision in relation to the subject-matter of
sections 88 to 90 of the Energy Act 2008 (smart meters).

(5) Where an overall carbon emissions reduction target has been
apportioned under section 103(2A) of the Utilities Act 2000, the Scottish
Ministers must—

(a) 15when making any order under section 33BC, comply with the
duty in subsection (6), and

(b) if the Secretary of State amends any order under that section,
make any provision they think necessary, in consequence of the
amendment, to comply with that duty.

(6) 20The duty of the Scottish Ministers where subsection (5)(a) or (b) applies
is to exercise their powers under section 33BC (subject to subsection (8))
in the way they think most likely to secure that the proportion of
compliance costs that is represented by costs relating to Scotland is no
greater than the proportion of the overall carbon emissions reduction
25target that is represented by the part of it apportioned to measures
carried out in Scotland.

(7) In subsection (6)

(a) “compliance costs” means the total costs to gas suppliers of
complying with carbon emissions reduction obligations that, in
30relation to any period, are imposed by order under section
33BC, and

(b) “costs relating to Scotland” means the total costs to gas
suppliers of complying with obligations that, in relation to the
same period, are imposed in relation to Scotland.

(8) 35The Scottish Ministers may not make an order under section 33BC
unless—

(a) they have consulted the Secretary of State about the proposed
order, and

(b) the Secretary of State has agreed to the order being made.

(9) 40Subsection (1) does not prevent the Secretary of State from making
provision under—

(a) section 33BC(1A), (3), (5)(a) or (7)(a), or

(b) section 33BC(2A) where an overall carbon emissions reduction
target has not been apportioned under section 103(2A) of the
45Utilities Act 2000.

(10) Subsection (1) does not prevent the Secretary of State from making any
other provision under section 33BC or from varying or revoking an
order made by the Scottish Ministers under that section—

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(a) with the agreement of the Scottish Ministers, or

(b) without their agreement, if subsection (11) applies.

(11) This subsection applies if it appears to the Secretary of State, in the case
of obligations imposed in relation to Scotland (the “Scottish
5obligations”), taking into account any provision made by the Scottish
Ministers, that the Scottish obligations are, alone or in conjunction with
obligations imposed or to be imposed in relation to England and Wales,
likely to—

(a) cause detriment to the United Kingdom,

(b) 10adversely affect the ability of the United Kingdom to comply
with an international agreement or arrangement in relation to
climate change or energy efficiency, or

(c) result in costs incurred by suppliers that are not broadly
equivalent in relation to England and Wales and in relation to
15Scotland,

and the Scottish Ministers have failed to comply with a request made to
them by the Secretary of State to make modifications specified by the
Secretary of State.

(12) In determining for the purposes of subsection (11), whether detriment
20is likely to be caused to the United Kingdom, considerations that the
Secretary of State may take into account include the costs imposed on
suppliers by virtue of obligations imposed or to be imposed by the
Secretary of State under section 33BC or any provision made by the
Scottish Ministers under that section.

(13) 25A request by the Secretary of State to the Scottish Ministers for the
purposes of subsection (11)

(a) must be in writing;

(b) must specify only modifications that appear to the Secretary of
State to be necessary to prevent the effect mentioned in
30subsection (11)(a), (b) or (c);

(c) must specify the time within which the modifications are to be
made, which must not be less than 2 months from the date of the
request.”

(3) After section 33BD (promotion of reduction in home-heating costs) insert—

33BDA 35 Scottish Ministers’ promotion of reductions in home-heating costs:
gas suppliers

(1) Where the Secretary of State under section 33BD imposes on gas
suppliers obligations to achieve a target within a specified period, the
power to make orders under that section is exercisable by the Scottish
40Ministers for the purposes of those obligations imposed in relation to
Scotland and not, except as provided by subsections (9) and (10), by the
Secretary of State.

(2) An obligation is imposed in relation to Scotland to the extent that
measures to meet that obligation may be carried out in Scotland
45(disregarding any power to elect under section 103A of the Utilities Act
2000).

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(3) For the purposes of the exercise by the Scottish Ministers of the power
to make an order under section 33BD, that section applies with the
following modifications—

(a) for subsection (1) there is substituted a power by order to
5specify how gas suppliers may meet their obligations to achieve
the home-heating cost reduction target through measures
carried out in Scotland;

(b) subsection (3) is omitted;

(c) subsections (3), (5)(a), (7)(a) and (10A) of section 33BC as
10applied by subsection (4) are omitted;

(d) in subsection (2)(a) at the beginning of sub-paragraph (ii) there
is inserted “where the Secretary of State has apportioned the
overall home-heating cost reduction target under section
103A(3A) of the Utilities Act 2000, and”;

(e) 15in section 33BC(11) as applied by subsection (4) “Citizens
Advice” and “gas transporters” is omitted;

(f) in section 33BC(12) as applied by subsection (4) for the words
from “shall not be made” to the end is substituted “is subject to
the affirmative procedure”;

(g) 20in section 33BC(12A) as applied by subsection (4) for the words
from “shall be subject to” to the end is substituted “is subject to
the negative procedure”;

(h) for “Secretary of State” in each place (including any references
in section 33BC that apply by virtue of subsection (4)), is
25substituted “Scottish Ministers”.

(4) The power of the Scottish Ministers under section 33BD does not
include power to make provision in relation to the subject-matter of
sections 88 to 90 of the Energy Act 2008 (smart meters).

(5) Where an overall home-heating cost reduction target has been
30apportioned under section 103A(3A) of the Utilities Act 2000, the
Scottish Ministers must—

(a) when making any order under section 33BD, comply with the
duty in subsection (6), and

(b) if the Secretary of State amends any order under that section,
35make any provision they think necessary, in consequence of the
amendment, to comply with that duty.

(6) The duty of the Scottish Ministers where subsection (5)(a) or (b) applies
is to exercise their powers under section 33BD (subject to subsection (8))
in the way they think most likely to secure that the proportion of
40compliance costs that is represented by costs relating to Scotland is no
greater than the proportion of the overall home-heating cost reduction
target that is represented by the part of it apportioned to measures
carried out in Scotland.

(7) In subsection (6)

(a) 45“compliance costs” means the total costs to gas suppliers of
complying with home-heating cost reduction obligations that,
in relation to any period, are imposed by order under section
33BD, and