Consumer Scotland has published final guidance for public bodies on the new consumer duty.
The consumer duty, which comes fully into force in April, was introduced under the Consumer Scotland Act 2020, passed by the Scottish Parliament.
Under the duty, the public bodies who are bound by it in Scotland must consider the impact on consumers in Scotland when they make strategic decisions - including reducing harm.
As the statutory body for consumers in Scotland, Consumer Scotland has issued guidance for the relevant public bodies in order to help them meet the duty.
The guidance makes a number of recommendations for public bodies including:
- completing an impact assessment
- engaging with consumers throughout the process of strategic decision-making
- considering how to reduce harm to consumers
- appointing a consumer duty champion to ensure meeting the duty is embedded in strategic decision-making
Public bodies must publish information about the steps they have taken to comply with the duty.
Consumer Scotland Assistant Director Jill Rosie said:
“The consumer duty aims to put consumer interests at the heart of strategic decision-making across the public sector.
“Meeting the duty will not only improve outcomes for consumers, it will also provide value to the relevant public bodies and improve the services they provide.
“Other benefits of meeting the duty include making it easier for the public to relate to policies and inspiring greater levels of trust and confidence over time.
“The final guidance was shaped by the views of all those who responded to our consultation on the draft guidance and we would like to thank all those who took part.”
Consumer Scotland will review the guidance annually and update where appropriate - as well as meeting with public bodies to increase awareness of the guidance and how to implement it.
Background
How to meet the consumer duty: guidance for public bodies
How to meet the consumer duty: guidance for senior decision-makers
The guidance documents have been produced by Consumer Scotland in accordance with the powers provided by the Consumer Scotland Act 2020.
It has been developed to assist the relevant public authorities in meeting the requirements of the consumer duty as per the Act.
It was developed with input from an advisory group with representation from the Scottish Government, public authorities and other key stakeholders.
The 2020 Act states that public authorities must have regard to the guidance. This final guidance document has been published following an initial draft and public consultation.
Under the legislation a ‘relevant public authority’ is a public authority which is specified in regulations by Scottish Ministers. A full list of authorities subject to the duty from 1 April 2024 can be found in the Scottish Statutory Instrument laid before the Scottish Parliament.
It will be for each individual public authority to determine if a decision is of a strategic nature. However, it is expected this type of decision will be made at an Executive or Board level, rather than operational day-to-day decision making. The duty also applies to any changes to, or reviews of, these decisions.
Consumer Scotland is a Non-Ministerial Office, independent from government and accountable to the Scottish Parliament.