The Supply of Extended Warranties on Domestic Electrical Goods Order 2005

Statutory Instruments

2005 No. 37

COMPETITION

The Supply of Extended Warranties on Domestic Electrical Goods Order 2005

Made

11th January 2005

Laid before Parliament

12th January 2005

Coming into force

6th April 2005

Whereas the Director General of Fair Trading(1), in exercise of the power conferred on him by sections 47(1), 49(1) and 50(1) of the Fair Trading Act 1973(2) (“the Act”), made a monopoly reference on 2 July 2002 and, in response to the reference, the Competition Commission made a report entitled: “A report on the supply of extended warranties on domestic electrical goods within the UK”(3) (“the Competition Commission Report”);

Whereas the Secretary of State, in accordance with section 91(2) of the Act(4), published a notice on 18th November 2004 stating her intention to make this Order, indicating the nature of the provisions to be embodied in it and stating that any person whose interests were likely to be affected by it and who was desirous of making representations in respect of it should do so in writing before 20th December 2004;

And whereas the Secretary of State has considered the representations received;

Now, therefore, the Secretary of State, being the appropriate Minister under section 56 of the Act, in exercise of the powers conferred on her by sections 56(2) and 90(2) and (7) of, and paragraphs 1, 9 and 12A of Schedule 8 to, the Act(5), and for the purpose of remedying or preventing the adverse effects specified in the Competition Commission Report, hereby makes the following Order:

(1)

Pursuant to section 2 of the Enterprise Act 2002 (c. 40) the functions of the Director General of Fair Trading have now been transferred to the Office of Fair Trading and the office of the Director has been abolished.

(2)

1973 c. 41.

(3)

Cm. 6089.

(4)

Section 91 was repealed by the Enterprise Act 2002, Schedule 26 but, pursuant to Schedule 24, paragraphs 14 and 19, of that Act and SI 2003/1397 (“the saving provisions”), it continues to apply in respect of monopoly references made before 20 June 2003 under section 50 of the Fair Trading Act 1973.

(5)

Sections 56 and 90 and Schedule 8 were repealed by the Enterprise Act 2002, Schedule 26 but, pursuant to the saving provisions (mentioned in footnote (d) above), they continue to apply in respect of monopoly references made before 20 June 2003 under section 50 of the Fair Trading Act 1973.