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Legal basis of CAS's Freedom of Information duties

The Freedom of Information (Scotland) Act 2002 and the Environmental Information (Scotland) Regulations 2004 give everyone the right to request information held by any Scottish public authority.

Citizens Advice Scotland, insofar as it undertakes duties and powers relating to the following services is subject to the requirements of the Act and the Regulations:

Key Legislation

The following legislation provide the legal basis under which some of Citizen Advice Scotland's work is subject to the requirements of the Freedom of Information (Scotland) Act 2002.

Enterprise Act 2002

This legislation can be viewed at www.legislation.gov.uk. Please check for warning signs that there are outstanding changes not yet made to the legislation.

This legislation underpinned the establishment of a 'consumer advice scheme function'. Prior to the transfer of this function to Citizens Advice Scotland and Citizens Advice (England and Wales) on April 1st 2013 this services was called 'Consumer Direct'. It is now called the Citizens Advice Consumer Service.

Consumers, Estate Agents and Redress Act 2007 (CEAR Act)

This legislation can be viewed at www.legislation.gov.uk. Please check for warning signs that there are outstanding changes not yet made to the legislation.

This legislation underpinned the establishment of a body to act as a champion for consumers. This body, the New National Consumer Council, operated as Consumer Focus (from October 2008 to May 2013) and then as Consumer Futures (from May 2013). The key powers and duties of Consumer Futures, as set out in the CEAR Act, transferred to Citizens Advice and Citizens Advice Scotland in April 2014.

The Extra Help Unit unit, part of Citizens Advice Scotland from April 2014, works to fulfil the duty under Section 13 of the CEAR Act to deal with cases where the consumer has been disconnected or has been threatened with disconnection, including prepayment off-supply cases. Citizens Advice Scotland and Citizens Advice also have powers under Section 12 of the CEAR Act to deal with energy or postal cases received from vulnerable consumers. The CEAR Act defines a vulnerable consumer as being someone that it is not reasonable to expect to pursue the complaint themselves.

The Public Bodies (The Office of Fair Trading Transfer of Consumer Advice Scheme Function and Modification of Enforcement Functions) Order 2013

Statutory Instrument: 2013 Number 783

This legislation can be viewed at www.legislation.gov.uk. Please check for warning signs that there are outstanding changes not yet made to the legislation.

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

Statutory Instrument: 2014 Number 631

This legislation can be viewed at www.legislation.gov.uk. Please check for warning signs that there are outstanding changes not yet made to the legislation.

This statutory instrument makes key amendments to other legislation, including the CEAR Act 2007, to transfer powers to Citizens Advice Scotland and Citizens Advice (England and Wales).

Scottish Government - Public Bodies Act Consent Memorandum relating to 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

This memorandum can be viewed at: www.scottish.parliament.uk.

The memorandum gives legislative consent as appropriate to the 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.