The Consumer Protection from Unfair Trading Regulations 2008

Regulation 30(1)

SCHEDULE 2 U.K. Amendments

PART 1 U.K. Amendments to Acts

Anglo-Portuguese Commercial Treaty Act 1914 U.K.

1.  In section 1 of the Anglo-Portuguese Commercial Treaty Act 1914 M1 (meaning of “port” and “madeira” as applied to wine) omit the words from “Provided that” to the end.

Marginal Citations

M1 1914 c.1; section 1 was amended by paragraph 1 of Schedule 1 to the Trade Descriptions Act 1968 (c.29).

Anglo-Portuguese Commercial Treaty Act 1916 U.K.

2.  In section 1(1) of the Anglo-Portuguese Commercial Treaty Act 1916 M2 (further limitation of the use of the description “port”) omit the words from “Provided that” to the end.

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M2 1916 c.39; section 1 was amended by paragraph 2 of Schedule 1 to the Trade Descriptions Act 1968 (c.29).

Fraudulent Mediums Act 1951 U.K.

3.  The Fraudulent Mediums Act 1951 M3 shall cease to have effect.

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M3 1951 c.33.

Trading Representations (Disabled Persons) Act 1958 U.K.

4.  The Trading Representations (Disabled Persons) Act 1958 M4 shall cease to have effect.

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M4 1958 c.49.

Trading Representations (Disabled Persons) Act (Northern Ireland) 1958 U.K.

5.  The Trading Representations (Disabled Persons) Act (Northern Ireland) 1958 M5 shall cease to have effect.

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M5 1958 c.24 (N.I.).

Mock Auctions Act 1961 U.K.

6.  The Mock Auctions Act 1961 M6 shall cease to have effect.

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M6 1961 c.47.

Trade Descriptions Act 1968 U.K.

7.  The Trade Descriptions Act 1968 M7 is amended as follows.

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M7 1968 c.29.

8.  The following provisions shall cease to have effect— U.K.

(a) section 1(1) (prohibition of false trade descriptions);

(b) section 5 (trade descriptions used in advertisements);

(c) section 6 (offer to supply);

(d) sections 7 to 10 (power to define terms and to require display etc. of information);

(e) sections 13 to 15 (false representations or statements concerning services etc);

(f) section 21(1) and (2) (accessories to offences committed abroad);

(g) section 22 (restrictions on institution of proceedings and admission of evidence);

(h) section 32 (power to exempt goods sold for export, etc);

(i) section 37 (market research experiments);

(j) section 39(2) (interpretation).

9.  In section 1, for subsection (2) substitute— U.K.

“(2) Sections 2 to 4 shall have effect for the interpretation of expressions used in this Act ”.

10.  In section 12 (false representations as to royal approval or award, etc), after subsection (2) add— U.K.

“(3) A person shall not be guilty of an offence under subsection (1) or (2) by reason of doing anything that is a commercial practice unless the commercial practice is unfair.

In this subsection “commercial practice” and “unfair” have the same meaning as in the Consumer Protection from Unfair Trading Regulations 2008.”.

11.  In section 38 (orders), in subsection (3), for the words from “section 7” to “thereof” substitute “ section 36 of this Act ”. U.K.

12.  In section 39 (interpretation), in subsection (1), for “2 to 6” substitute “ 2 to 4 ”. U.K.

Administration of Justice Act 1970 U.K.

13.  In section 40 of the Administration of Justice Act 1970 M8 (punishment for unlawful harassment of debtors), after subsection (3) insert—

“(3A) Subsection (1) above does not apply to anything done by a person to another in circumstances where what is done is a commercial practice within the meaning of the Consumer Protection from Unfair Trading Regulations 2008 and the other is a consumer in relation to that practice.”.

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M8 1970 c.31..

Greater London Council (General Powers) Act 1972 U.K.

14.  In section 17 of the Greater London Council (General Powers) Act 1972 M9 (duty to give information in certain cases), in subsection (5)—

(a) at the end of paragraph (b) omit “or”, and

(b) after paragraph (c) insert—

“(d) the Business Protection from Misleading Marketing Regulations 2008; or

(e) the Consumer Protection from Unfair Trading Regulations 2008.”.

Marginal Citations

M9 1972 c.xl.

Fair Trading Act 1973 U.K.

15.  Sections 29 to 33 of the Fair Trading Act 1973 M10 shall cease to have effect, except in so far as they are applied by section 123 of that Act.

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M10 1973 c.41.

Hallmarking Act 1973 U.K.

16.—(1) Section 1 of the Hallmarking Act 1973 M11 (prohibited descriptions of unhallmarked articles) is amended as follows.

(2) Subsection (4) is omitted.

(3) Before subsection (5) insert—

“(4A) Subsection (4B) applies in any case where—

(a) the giving of a description of the fineness (whether in parts per thousand or otherwise) of any precious metal constitutes advertising within the meaning of the Business Protection from Misleading Marketing Regulations 2008, and

(b) the description is false to any extent or degree (except by understating the fineness).

(4B) In any such case, the giving of the description is to be treated as satisfying the requirements of regulation 3(2) of those Regulations (requirements for advertising to be misleading).

(4C) Subsection (4D) applies in any case where—

(a) the giving of a description of the fineness (whether in parts per thousand or otherwise) of any precious metal constitutes a commercial practice within the meaning of the Consumer Protection from Unfair Trading Regulations 2008, and

(b) the description is false to any extent or degree (except by understating the fineness).

(4D) In any such case, the giving of the description is to be treated as satisfying the conditions in regulation 5(2) of those Regulations (conditions for a commercial practice to be a misleading action).”.

(4) In Part 3 of Schedule 1 (use of the words “carats”, etc), in paragraph 1, for “and the Act of 1968” substitute “ , the Business Protection from Misleading Marketing Regulations 2008 and the Consumer Protection from Unfair Trading Regulations 2008 ”.

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M11 1973 c.43.

Consumer Credit Act 1974 U.K.

17.  The Consumer Credit Act 1974 M12 is amended as follows.

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M12 1974 c.39.

18.  Section 46 (false or misleading advertisements) shall cease to have effect. U.K.

19.  In section 77 (duty to give information to debtor under fixed-sum credit agreement), in subsection (4), omit paragraph (b) and the “and” preceding it. U.K.

20.  In section 78 (duty to give information to debtor under running-account credit agreement), in subsection (6), omit paragraph (b) and the “and” preceding it. U.K.

21.  In section 79 (duty to give hirer information), in subsection (3), omit paragraph (b) and the “and” preceding it. U.K.

22.  In section 85 (duty on issue of new credit tokens), in subsection (2), omit paragraph (b) and the “and” preceding it. U.K.

23.  In section 97 (duty to give information), in subsection (3), omit paragraph (b) and the “and” preceding it. U.K.

24.  In section 103 (termination statements)— U.K.

(a) omit subsection (5), and

(b) at the end insert—

“(6) A breach of the duty imposed by subsection (1) is actionable as a breach of statutory duty.”.

25.  In section 107 (duty to give information to surety under fixed-sum credit agreement), in subsection (4), omit paragraph (b) and the “and” preceding it. U.K.

26.  In section 108 (duty to give information to surety under running-account credit agreement), in subsection (4), omit paragraph (b) and the “and” preceding it. U.K.

27.  In section 109 (duty to give information to surety under consumer hire agreement), in subsection (3), omit paragraph (b) and the “and” preceding it. U.K.

28.  In section 110 (duty to give information to debtor or hirer), in subsection (3), omit paragraph (b) and the “and” preceding it. U.K.

Telecommunications Act 1984 U.K.

29.  In section 101 of the Telecommunications Act 1984 M13 (general restrictions on disclosure of information), in subsection (3)—

(a) omit the paragraph (i) relating to the Control of Misleading Advertisements Regulations 1988, and

(b) after paragraph (t) insert—

“(u) the Business Protection from Misleading Marketing Regulations 2008;

(v) the Consumer Protection from Unfair Trading Regulations 2008.”.

Marginal Citations

M13 1984 c.12; section 103(3)(s) and (t) were inserted by S.I. 2006/3336 (N.I. 21).

Companies Act 1985 U.K.

30.  In Schedule 15D to the Companies Act 1985 M14 (disclosures), in paragraph 17—

(a) omit paragraph (h), and

(b) after paragraph (i) insert—

“(j) the Business Protection from Misleading Marketing Regulations 2008;

(k) the Consumer Protection from Unfair Trading Regulations 2008.”.

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M14 1985 c.6; schedule 15D was inserted by section 25(1) of and paragraphs 16 and 25 of Schedule 2 to the Companies (Audit, Investigations and Community Enterprise) Act 2004 (c.27).

Weights and Measures Act 1985 U.K.

31.  Section 29 of the Weights and Measures Act 1985 M15 (misrepresentation) shall cease to have effect.

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M15 1985 c.72.

Airports Act 1986 U.K.

32.  In section 74 of the Airports Act 1986 M16 (restrictions on disclosure of information), in subsection (3)—

(a) omit paragraph (j), and

(b) after paragraph (t) insert—

“(u) the Business Protection from Misleading Marketing Regulations 2008;

(v) the Consumer Protection from Unfair Trading Regulations 2008.”.

Marginal Citations

M16 1986 c.31; section 74(3)(t) was inserted by S.I. 2006/3336 (N.I.21).

Consumer Protection Act 1987 U.K.

33.  The Consumer Protection Act 1987 M17 is amended as follows.

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M17 1987 c.43.

34.  Sections 20 to 26 (misleading price indications) shall cease to have effect. U.K.

35.  In section 39 (defence of due diligence), in subsection (5), for “, 14(6) or 20(1)” substitute “ or 14(6) ”. U.K.

36.  In section 46 (meaning of “supply”), in subsection (7), for “Parts II to IV” substitute “ Part 2 or Part 4 ”. U.K.

37.  In section 49 (Northern Ireland), in subsection (1)(a), for “Parts I and III” substitute “ Part 1 ”. U.K.

County of Cleveland Act 1987 U.K.

38.  In section 23 of the County of Cleveland Act 1987 M18 (control of occasional sales), subsections (6) and (7) shall cease to have effect.

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M18 1987 c.ix.

Copyright, Designs and Patents Act 1988 U.K.

39.  The Copyright, Designs and Patents Act 1988 M19 is amended as follows.

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M19 1988 c.25; sections 114A and 114B were inserted by section 3 of the Copyright, etc and Trade Marks (Offences and Enforcement) Act 2002 (c.22). Sections 204A and 204B were inserted by section 4 of that Act. Sections 297C and 297D were inserted by section 5 of that Act.

40.  In section 114A (forfeiture of infringing copies, etc: England and Wales or Northern Ireland), in subsection (2), for the “or” at the end of paragraph (b) substitute— U.K.

“(ba) an offence under the Business Protection from Misleading Marketing Regulations 2008,

(bb) an offence under the Consumer Protection from Unfair Trading Regulations 2008, or”.

41.  In section 114B (forfeiture of infringing copies, etc. Scotland), in subsection (15), for the definition of “relevant offence” substitute— U.K.

““relevant offence” means—

(a)

an offence under section 107(1), (2) or (2A) (criminal liability for making or dealing with infringing articles, etc),

(b)

an offence under the Trade Descriptions Act 1968,

(c)

an offence under the Business Protection from Misleading Marketing Regulations 2008,

(d)

an offence under the Consumer Protection from Unfair Trading Regulations 2008, or

(e)

any offence involving dishonesty or deception;”.

42.  In section 204A (forfeiture of illicit recordings: England and Wales or Northern Ireland), in subsection (2), for the “or” at the end of paragraph (b) substitute— U.K.

“(ba) an offence under the Business Protection from Misleading Marketing Regulations 2008,

(bb) an offence under the Consumer Protection from Unfair Trading Regulations 2008, or”.

43.  In section 204B (forfeiture: Scotland), in subsection (15), for the definition of “relevant offence” substitute— U.K.

““relevant offence” means—

(a)

an offence under section 198(1) or (1A) (criminal liability for making or dealing with illicit recordings),

(b)

an offence under the Trade Descriptions Act 1968,

(c)

an offence under the Business Protection from Misleading Marketing Regulations 2008,

(d)

an offence under the Consumer Protection from Unfair Trading Regulations 2008, or

(e)

any offence involving dishonesty or deception;”.

44.  In section 297C (forfeiture of unauthorised decoders: England and Wales or Northern Ireland), in subsection (2), for the “or” at the end of paragraph (b) substitute— U.K.

“(ba) an offence under the Business Protection from Misleading Marketing Regulations 2008,

(bb) an offence under the Consumer Protection from Unfair Trading Regulations 2008, or”.

45.  In section 297D (forfeiture of unauthorised decoders: Scotland), in subsection (15), for the definition of “relevant offence” substitute— U.K.

““relevant offence” means—

(a)

an offence under section 297A(1) (criminal liability for making, importing, etc unauthorised decoders),

(b)

an offence under the Trade Descriptions Act 1968,

(c)

an offence under the Business Protection from Misleading Marketing Regulations 2008,

(d)

an offence under the Consumer Protection from Unfair Trading Regulations 2008, or

(e)

any offence involving dishonesty or deception;”.

Road Traffic Act 1988 U.K.

46.  In section 80 of the Road Traffic Act 1988 M20 (approval marks) —

(a) in subsection (1), omit the words from “, and any markings” to the end;

(b) in subsection (2), omit the words from “, whether or not” to the end.

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M20 1988 c.52.

Water Act 1989 U.K.

47.  In section 174 of the Water Act 1989 M21 (general restrictions on disclosure of information), in subsection (3)—

(a) after paragraph (lo) insert—

“(lp) any subordinate legislation made for the purpose of securing compliance with Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market;”

(b) for paragraph (m) substitute—

“(m) any subordinate legislation made for the purpose of securing compliance with Directive 2006/114/EC of the European Parliament and of the Council of 12 December 2006 concerning misleading and comparative advertising.”.

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M21 1989 c.15.

Courts and Legal Services Act 1990 U.K.

48.  In section 50 of the Courts and Legal Services Act 1990 M22 (exceptions from restrictions on disclosure), in subsection (2)(m)—

(a) omit sub-paragraph (viii), and

(b) after sub-paragraph (xi) insert—

“(xii) the Business Protection from Misleading Marketing Regulations 2008;

(xiii) the Consumer Protection from Unfair Trading Regulations 2008;”.

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M22 1990 c.41.

Water Industry Act 1991 U.K.

49.  In Schedule 15 to the Water Industry Act 1991 M23 (enactments etc in respect of which disclosure may be made), in Part 2—

(a) omit the words from “Any subordinate legislation” to the end, and

(b) at the end insert—

“Any subordinate legislation made for the purpose of securing compliance with Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market. Any subordinate legislation made for the purpose of securing compliance with Directive 2006/114/EC of the European Parliament and of the Council of 12 December 2006 concerning misleading and comparative advertising.”.

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M23 1991 c.56.

Water Resources Act 1991 U.K.

50.  In Schedule 24 to the Water Resources Act 1991 M24 (enactments etc in respect of which disclosure may be made), in Part 2—

(a) omit the words “Any subordinate legislation” to the end, and

(b) at the end insert—

“Any subordinate legislation made for the purpose of securing compliance with Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market. Any subordinate legislation made for the purpose of securing compliance with Directive 2006/114/EC of the European Parliament and of the Council of 12 December 2006 concerning misleading and comparative advertising.”.

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M24 1991 c.57.

North Yorkshire County Council Act 1991 U.K.

51.  In section 6 of the North Yorkshire County Council Act 1991 M25 (control of occasional sales), subsections (6) and (7) shall cease to have effect.

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M25 1991 c.xiv.

Railways Act 1993 U.K.

52.  In section 145 of the Railways Act 1993 M26 (general restrictions on disclosure of information), in subsection (3)—

(a) after paragraph (qt) insert—

“(qu) any subordinate legislation made for the purpose of securing compliance with Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market”;

(b) for paragraph (r) substitute—

“(r) any subordinate legislation made for the purpose of securing compliance with Directive 2006/114/EC of the European Parliament and of the Council of 12 December 2006 concerning misleading and comparative advertising.”.

Marginal Citations

M26 1993 c.43; section 145 was amended by paragraph 127(1) and (3) of Schedule 17 to the Communications Act 2003 (c.21).

Trade Marks Act 1994 U.K.

53.  The Trade Marks Act 1994 M27 is amended as follows.

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M27 1994 c.26; section 91 was amended by paragraph 58 of Schedule 4 to the Commissioners for Revenue and Customs Act 2005 (c.11).

54.  In section 91 (power of Commissioners for Revenue and Customs to disclose information), for the words from “an offence under” to the end substitute “an offence under— U.K.

“(a) section 92 below (unauthorised use of trade mark, &c in relation to goods),

(b) the Trade Descriptions Act 1968,

(c) the Business Protection from Misleading Marketing Regulations 2008, or

(d) the Consumer Protection from Unfair Trading Regulations 2008.”.

55.  In section 97 (forfeiture: England and Wales or Northern Ireland), in subsection (8), for the words from “an offence under” to the end substitute— U.K.

“(a) an offence under section 92 above (unauthorised use of trade mark, &c in relation to goods),

(b) an offence under the Trade Descriptions Act 1968,

(c) an offence under the Business Protection from Misleading Marketing Regulations 2008,

(d) an offence under the Consumer Protection from Unfair Trading Regulations 2008, or

(e) any offence involving dishonesty or deception.”.

56.  In section 98 (forfeiture: Scotland), in subsection (14), in the definition of “relevant offence”, for the words from “an offence under” to the end substitute— U.K.

“(a) an offence under section 92 above (unauthorised use of trade mark, &c in relation to goods),

(b) an offence under the Trade Descriptions Act 1968,

(c) an offence under the Business Protection from Misleading Marketing Regulations 2008,

(d) an offence under the Consumer Protection from Unfair Trading Regulations 2008, or

(e) any offence involving dishonesty or deception;”.

Coal Industry Act 1994 U.K.

57.  In section 59 of the Coal Industry Act 1994 M28 (information to be kept confidential by the Authority), in subsection (4)—

(a) omit paragraph (m), and

(b) after paragraph (p) insert—

“(q) any subordinate legislation made for the purpose of securing compliance with Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market;

(r) any subordinate legislation made for the purpose of securing compliance with Directive 2006/114/EC of the European Parliament and of the Council of 12 December 2006 concerning misleading and comparative advertising.”.

Marginal Citations

M28 1994 c.21.

London Local Authorities Act 1996 U.K.

58.  Section 16 of the London Local Authorities Act 1996 M29 (display of names, etc) shall cease to have effect.

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M29 1996 c.ix.

Greater London Authority Act 1999 U.K.

59.  In section 235 of the Greater London Authority Act 1999 M30 (restrictions on disclosure of information), in subsection (3)—

(a) after paragraph (rt) insert—

“(ru) any subordinate legislation made for the purpose of securing compliance with Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market;”;

(b) for paragraph (s) substitute—

“(s) any subordinate legislation made for the purpose of securing compliance with Directive 2006/114/EC of the European Parliament and of the Council of 12 December 2006 concerning misleading and comparative advertising.”.

Marginal Citations

M30 1999 c.29.

Postal Services Act 2000 U.K.

F1 60.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Sch. 2 para. 60 revoked (1.10.2011) by The Postal Services Act 2011 (Consequential Modifications and Amendments) Order 2011 (S.I. 2011/2085), art. 1(2), Sch. 1 para. 75, Sch. 2

Utilities Act 2000 U.K.

61.  In section 105 of the Utilities Act 2000 M31 (general restrictions on disclosure of information), in subsection (6)—

(a) omit paragraph (k), and

(b) after paragraph (u) insert—

“(v) the Business Protection from Misleading Marketing Regulations 2008;

(w) the Consumer Protection from Unfair Trading Regulations 2008.”.

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M31 2000 c.27; section 105(6)(u) was inserted by section 59(1) of, and paragraph 16 of Schedule 12 to, the Railways Act 2005 (c.14).

Transport Act 2000 U.K.

62.  In Schedule 9 to the Transport Act 2000 M32 (air traffic: information), in paragraph 3(3)—

(a) after paragraph (s) insert—

“(sa) any subordinate legislation made for the purpose of securing compliance with Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market;”;

(b) for paragraph (t) substitute—

“(t) any subordinate legislation made for the purpose of securing compliance with Directive 2006/114/EC of the European Parliament and of the Council of 12 December 2006 concerning misleading and comparative advertising;”.

Marginal Citations

M32 2000 c.38.

Criminal Justice and Police Act 2001 U.K.

F2 63.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Sch. 2 paras. 63-65 revoked (1.10.2015) by Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 6 para. 85(j); S.I. 2015/1630, art. 3(i) (with art. 8)

F2 64.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F2 Sch. 2 paras. 63-65 revoked (1.10.2015) by Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 6 para. 85(j); S.I. 2015/1630, art. 3(i) (with art. 8)

F2 65.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F2 Sch. 2 paras. 63-65 revoked (1.10.2015) by Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 6 para. 85(j); S.I. 2015/1630, art. 3(i) (with art. 8)

Kent County Council Act 2001 U.K.

66.  Section 13 of the Kent County Council Act 2001 M33 (display of name and address) shall cease to have effect.

Marginal Citations

M33 2001 c.iii.

Medway Council Act 2001 U.K.

67.  Section 13 of the Medway Council Act 2001 M34 (display of name and address) shall cease to have effect.

Marginal Citations

M34 2001 c.iv.

Enterprise Act 2002 U.K.

68.  The Enterprise Act 2002 M35 is amended as follows.

Marginal Citations

M35 2002 c.40; paragraph 7A was inserted by regulation 22(2)(b) of S.I. 2006/3363 and paragraph 11 was substituted by paragraph 19 of the Schedule to S.I. 2005/2759.

69.  Section 10(2) (saving of section 22 of the Fair Trading Act 1973 and orders made under it) shall cease to have effect (and accordingly the provisions of the Fair Trading Act 1973 referred to in Schedule 4 are repealed to the extent specified there, subject to any provision of that Schedule). U.K.

70.  In Schedule 13 (listed Directives and Regulations)— U.K.

(a) omit paragraph 1 (Council Directive 84/450/EEC concerning misleading advertising);

(b) omit paragraph 7A (Directive 97/55/EC of the European Parliament and of the Council amending Directive 84/450/EEC);

(c) in paragraph 11, for “Articles 83 to 100” substitute “ Articles 86 to 100 ”.

Licensing Act 2003 U.K.

71.  In Schedule 4 to the Licensing Act 2003 M36 (personal licence: relevant offences), at the end insert—

“22.   An offence under regulation 6 of the Business Protection from Misleading Marketing Regulations 2008 (offence of misleading advertising) in circumstances where the advertising in question relates to alcohol or to goods that include alcohol.

23.   An offence under regulation 8, 9, 10, 11 or 12 of the Consumer Protection from Unfair Trading Regulations 2008 (offences relating to unfair commercial practices) in circumstances where the commercial practice in question is directly connected with the promotion, sale or supply of alcohol or of a product that includes alcohol.”.

Marginal Citations

M36 2003 c.17.

Communications Act 2003 U.K.

72.  In section 393 of the Communications Act 2003 M37 (general restrictions on disclosure of information), in subsection (5), for paragraph (p) substitute—

“(p) the Business Protection from Misleading Marketing Regulations 2008;

(q) the Consumer Protection from Unfair Trading Regulations 2008.”.

Marginal Citations

M37 2003 c.21.

Nottingham City Council Act 2003 U.K.

73.  Section 12 of the Nottingham City Council Act 2003 M38 (display of name and address) shall cease to have effect.

Marginal Citations

M38 2003 c.ii.

Wireless Telegraphy Act 2006 U.K.

74.  In section 111 of the Wireless Telegraphy Act 2006 M39 (disclosure of information), in subsection (6), for paragraph (n) substitute—

“(n) the Business Protection from Misleading Marketing Regulations 2008;

(o) the Consumer Protection from Unfair Trading Regulations 2008.”.

Marginal Citations

M39 2006 c.36.

Companies Act 2006 U.K.

75.  In Part 2 of Schedule 2 to the Companies Act 2006 M40 (specified descriptions of disclosures), in paragraph 34—

(a) omit paragraph (h);

(b) after paragraph (i) insert—

“(j) the Business Protection from Misleading Marketing Regulations 2008;

(k) the Consumer Protection from Unfair Trading Regulations 2008.”.

Marginal Citations

M40 2006 c.46.

PART 2 U.K. Amendments to other legislation

Tourism (Sleeping Accommodation Price Display) Order 1977 U.K.

76.  The Tourism (Sleeping Accommodation Price Display) Order 1977 M41 is revoked.

Marginal Citations

M41 S.I.1977/1877, amended by S.I. 1985/1778.

Weights and Measures (Northern Ireland) Order 1981 U.K.

77.  Article 22(2) of the Weights and Measures (Northern Ireland) Order 1981 M42 is revoked.

Marginal Citations

M42 S.I. 1981/231 (N.I.10) to which there are amendments not relevant to these Regulations..

Road Vehicles (Construction and Use) Regulations 1986 U.K.

78.  Regulation 5 of the Road Vehicles (Construction and Use) Regulations 1986 M43 (Trade Descriptions Act 1968) is revoked.

Marginal Citations

M43 S.I. 1986/1078, to which there are amendments not relevant to these Regulations.

The Companies (Northern Ireland) Order 1986 U.K.

79.  In Schedule 15D M44 (Disclosures) to the Companies (Northern Ireland) Order 1986 in paragraph 16—

(a) omit sub-paragraph (h), and

(b) after sub-paragraph (i) insert—

“(j) the Business Protection from Misleading Marketing Regulations 2008;

(k) the Consumer Protection from Unfair Trading Regulations 2008.”.

Marginal Citations

M44 S.I. 1986/1032 (N.I.6), amended by S.I. 2005/1967 (N.I.17).

Consumer Protection (Northern Ireland) Order 1987 U.K.

80.  Articles 13 to 27, 30 and 33 of the Consumer Protection (Northern Ireland) Order 1987 M45 are revoked.

Marginal Citations

M45 S.I. 1987/2049 (N.I.20).

Control of Misleading Advertisements Regulations 1988 U.K.

81.  The Control of Misleading Advertisements Regulations 1988 M46 are revoked.

Marginal Citations

M46 S.I. 1988/915, amended by S.I. 2000/914, 2003/3183.

Road Vehicles Lighting Regulations 1989 U.K.

82.  Regulation 10 of the Road Vehicles Lighting Regulations 1989 M47 (provision as respects the Trade Descriptions Act 1968) is revoked.

Marginal Citations

M47 S.I. 1989/1796, to which there are amendments not relevant to these Regulations..

Estate Agents (Specified Offences) (No. 2) Order 1991 U.K.

83.—(1) The Schedule to the Estate Agents (Specified Offences) (No.2) Order 1991 M48 (specified offences) is amended as follows.

(2) Omit the entry for the Consumer Protection Act 1987.

(3) Omit the entry for the Consumer Protection (Northern Ireland) Order 1987.

(4) Immediately before the entry for the Property Misdescriptions Act 1991 insert—

“Business Protection from Misleading Marketing Regulations 2008

Regulation 6 Regulation 25

Misleading advertisements Obstruction of authorised officers”

(5) In the entry for the Trade Descriptions Act 1968—

(a) in the column headed “Provision” omit “Section 1(1)”, “Section 13” and “Section 14(1)(b)”;

(b) in the column headed “Description of Offence” omit “Applying false trade description in relation to goods”, “False representations as to supply of goods or services”, “False or misleading statements as to services etc”.

(6) Add at the end—

“Consumer Protection from Unfair Trading Regulations 2008	Regulation 8	Offences relating to unfair commercial practices
	Regulation 9
	Regulation 10
	Regulation 11
	Regulation 12
	Regulation 23	Obstruction of authorised officers”

Marginal Citations

M48 S.I. 1991/1091, amended by S.I. 1992/2833; there are other amending instruments but none is relevant.

Airports (Northern Ireland) Order 1994 U.K.

84.  In Article 49 of the Airports (Northern Ireland) Order 1994 M49 (restriction on disclosure of information), in paragraph (3)—

(a) omit sub-paragraph (l), and

(b) after sub-paragraph (u) add—

“(v) the Business Protection from Misleading Marketing Regulations 2008;

(w) the Consumer Protection from Unfair Trading Regulations 2008.”.

Marginal Citations

M49 S.I. 1994/426 (N.I.1).

Motor Cycle Silencer and Exhaust Systems Regulations 1995 U.K.

85.  Regulation 7 of the Motor Cycle Silencer and Exhaust Systems Regulations 1995 M50 (the Trade Descriptions Act 1968) is revoked.

Marginal Citations

M50 S.I. 1995/2370.

Energy Information (Washing Machines) Regulations 1996 U.K.

86.  In Schedule 5 to the Energy Information (Washing Machines) Regulations 1996 M51 (offences, enforcement and other matters), in paragraph 15(3)—

(a) omit paragraph (i), and

(b) after paragraph (h) insert—

“(k) any subordinate legislation made for the purpose of securing compliance with Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market;

(l) any subordinate legislation made for the purpose of securing compliance with Directive 2006/114/EC of the European Parliament and of the Council of 12 December 2006 concerning misleading and comparative advertising.”.

Marginal Citations

M51 S.I. 1996/600, amended by S.I. 2001/3142; there are other amending instruments but none is relevant.

Energy Information (Tumble Driers) Regulations 1996 U.K.

87.  In Schedule 5 to the Energy Information (Tumble Driers) Regulations 1996 M52 (offences, enforcement and other matters), in paragraph 15(3)—

(a) omit paragraph (i), and

(b) after paragraph (h) insert—

“(k) any subordinate legislation made for the purpose of securing compliance with Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market;

(l) any subordinate legislation made for the purpose of securing compliance with Directive 2006/114/EC of the European Parliament and of the Council of 12 December 2006 concerning misleading and comparative advertising.”.

Marginal Citations

M52 S.I. 1996/601, amended by S.I. 2001/3142; there are other amending instruments but none is relevant.

Energy Information (Combined Washer-Driers) Regulations 1997 U.K.

88.  In Schedule 5 to the Energy Information (Combined Washer-Driers) Regulations 1997 M53 (offences, enforcement and other matters), in paragraph 15(3)—

(a) omit paragraph (i), and

(b) after paragraph (h) insert—

“(k) any subordinate legislation made for the purpose of securing compliance with Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market;

(l) any subordinate legislation made for the purpose of securing compliance with Directive 2006/114/EC of the European Parliament and of the Council of 12 December 2006 concerning misleading and comparative advertising.”.

Marginal Citations

M53 S.I. 1997/1624, amended by S.I. 2001/3142; there are other amending instruments but none is relevant.

Motor Cycles (Protective Helmets) Regulations 1998 U.K.

89.  In regulation 6 of the Motor Cycle (Protective Helmets) Regulations 1998 M54 (saving for the Trade Descriptions Act 1968 and the Consumer Protection Act 1987) omit the words “the Trade Descriptions Act 1968 or”.

Marginal Citations

M54 S.I. 1998/1807, to which there are amendments not relevant to these Regulations.

Motor Cycles (Protective Headgear) Regulations (Northern Ireland) 1999 U.K.

90.  In regulation 4 of the Motor Cycles (Protective Headgear) Regulations (Northern Ireland) 1999 M55 (saving for the Trade Descriptions Act 1968, the Consumer Protection Act 1987 and the Consumer Protection (Northern Ireland) Order 1987) omit the words “the Trade Descriptions Act 1968”.

Marginal Citations

M55 S.R. (NI) 1999 No 170.

Motor Vehicles (Construction and Use) Regulations (Northern Ireland) 1999 U.K.

91.  Regulation 4 of the Motor Vehicles (Construction and Use) Regulations (Northern Ireland) 1999 M56 (Trade Descriptions Act 1968) is revoked.

Marginal Citations

M56 S.R. (NI) 1999 No 454, to which there are amendments not relevant to these Regulations.

Energy Information (Lamps) Regulations 1999 U.K.

92.  In Schedule 4 to the Energy Information (Lamps) Regulations 1999 M57 (offences, enforcement and other matters), in paragraph 12(3)—

(a) omit paragraph (i), and

(b) after paragraph (h) insert—

“(j) any subordinate legislation made for the purpose of securing compliance with Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market;

(k) any subordinate legislation made for the purpose of securing compliance with Directive 2006/114/EC of the European Parliament and of the Council of 12 December 2006 concerning misleading and comparative advertising.”.

Marginal Citations

M57 S.I. 1999/1517, to which there are amendments not relevant to these Regulations..

Energy Information (Dishwashers) Regulations 1999 U.K.

93.  In Schedule 5 to the Energy Information (Dishwashers) Regulations 1999 M58 (offences, enforcement and other matters), in paragraph 12(3)—

(a) omit paragraph (i), and

(b) after paragraph (h) insert—

“(j) any subordinate legislation made for the purpose of securing compliance with Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market;

(k) any subordinate legislation made for the purpose of securing compliance with Directive 2006/114/EC of the European Parliament and of the Council of 12 December 2006 concerning misleading and comparative advertising.”.

Marginal Citations

M58 S.I. 1999/1676, to which there are amendments not relevant to these Regulations.

Road Vehicles Lighting Regulations (Northern Ireland) 2000 U.K.

94.  Regulation 12 of the Road Vehicles Lighting Regulations (Northern Ireland) 2000 M59 is revoked.

Marginal Citations

M59 S.R. (NI) 2000 No 169 to which there are amendments not relevant to these Regulations.

Control of Misleading Advertisements (Amendment) Regulations 2000 U.K.

95.  The Control of Misleading Advertisements (Amendment) Regulations 2000 M60 are revoked.

Marginal Citations

M60 S.I. 2000/914.

Consumer Protection (Distance Selling) Regulations 2000 U.K.

96.  In regulation 24 of the Consumer Protection (Distance Selling) Regulations 2000 M61 (inertia selling) omit paragraphs (4), (5), (7), (8) and (9).

Marginal Citations

M61 S.I. 2000/2334, amended by S.I. 2005/55; there are other amending instruments but none is relevant.

Sale and Supply of Goods to Consumers Regulations 2002 U.K.

F3 97.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 Sch. 2 para. 97 omitted (1.10.2015) by virtue of Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 1 para. 55(b); S.I. 2015/1630, art. 3(g) (with art. 6(1))

Energy (Northern Ireland) Order 2003 U.K.

98.  In Article 63 of the Energy (Northern Ireland) Order 2003 M62 (general restrictions on disclosure of information), in paragraph (6)—

(a) omit paragraph (m);

(b) after paragraph (u) insert—

“(v) the Business Protection from Misleading Marketing Regulations 2008;

(w) the Consumer Protection from Unfair Trading Regulations 2008.”.

Marginal Citations

M62 S.I. 2003/419 (N.I. 6).

Energy Information (Household Electric Ovens) Regulations 2003 U.K.

99.  In Schedule 6 to the Energy Information (Household Electric Ovens) Regulations 2003 M63 (offences, enforcement and other matters), in paragraph 12(3)—

(a) omit paragraph (i), and

(b) after paragraph (h) insert—

“(j) any subordinate legislation made for the purpose of securing compliance with Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market;

(k) any subordinate legislation made for the purpose of securing compliance with Directive 2006/114/EC of the European Parliament and of the Council of 12 December 2006 concerning misleading and comparative advertising.”.

Marginal Citations

M63 S.I. 2003/751.

Enterprise Act 2002 (Part 8 Community Infringements Specified UK Laws) Order 2003 U.K.

100.—(1) The Enterprise Act 2002 (Part 8 Community Infringements Specified UK Laws) Order 2003 M64 is amended as follows.

(2) In the Schedule (listed directives)—

(a) omit the entry for Council Directive 84/450/EEC of 10th September 1984 relating to the approximation of the laws, regulations and administrative provisions of the Member States concerning misleading advertising;

(b) in the entry in the column headed “Specified UK laws” in respect of Directive 1999/44/EC omit from sub-paragraph (iv) “and articles 4 and 5 of the Consumer Transactions (Restrictions on Statements) Order 1976 (consumer guarantees)”;

(c) after the entry for Directive 2002/65/EC insert—

“Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market

Consumer Protection from Unfair Trading Regulations 2008”.

Marginal Citations

M64 S.I. 2003/1374, amended by S.I. 2004/2095; there are other amending instruments but none is relevant.

Enterprise Act 2002 (Part 8 Notice to OFT of Intended Prosecution, Specified Enactments, Revocation and Transitional Provision) Order 2003 U.K.

101.—(1) In the Schedule to the Enterprise Act 2002 (Part 8 Notice to OFT of Intended Prosecution, Specified Enactments, Revocation and Transitional Provision) Order 2003 M65 the table is amended as follows.

(2) In the entry in the column headed “Extent of Specification” in respect of the Consumer Protection Act 1987 M66 omit “and all offences under Part III (misleading price indications)”.

(3) Omit the entry for the Fair Trading Act 1973 M67 .

(4) Omit the entry for the Mock Auctions Act 1961 M68 .

(5) After the entry for the Trade Marks Act 1994 M69 insert—

“Consumer Protection from Unfair Trading Regulations 2008.

All offences under those Regulations.”.

(6) In the entry in the column headed “Extent of Specification” in respect of the Weights and Measures Act 1985 M70 omit “29 misrepresentation”.

Marginal Citations

M65 S.I. 2003/1376, to which there are amendments not relevant to these Regulations.

M66 1987 c.43.

M67 1973 c.41

M68 1987 c.47.

M69 1994 c.26.

M70 1985 c.72.

Enterprise Act 2002 (Part 8 Domestic Infringements) Order 2003 U.K.

102.—(1) The Enterprise Act 2002 (Part 8 Domestic Infringements) Order 2003 M71 is amended as follows.

(2) In the Schedule (specified acts or omissions)—

(a) omit the entries for—

(i) the Business Advertisements (Disclosure) Order 1977 M72 ;

(ii) the Consumer Protection Act 1987 M73 ;

(iii) the Consumer Transactions (Restrictions on Statements) Order 1976 M74 ;

(iv) the Control of Misleading Advertisements Regulations 1988 M75 ;

(v) the Mock Auctions Act 1961;

(vi) the Consumer Protection (Northern Ireland) Order 1987 M76 ;

(b) in the column headed “Extent” in respect of the Weights and Measures Act 1985 omit “29 (misrepresentation),”;

(c) in the column headed “Extent” in respect of the Weights and Measures (Northern Ireland) Order 1981, for the words “Articles 19(1) to (6)” to the end, substitute “ Articles 19(1) to (6), 20, 22(1) and (3) to (9) (requirements to sell goods by particular quantities, short weight, quantity less than stated, incorrect statements, etc), 25(2) (offences due to default of third person) and 32(5) (possession for sale, etc, of inadequate regulated package). ”

Marginal Citations

M71 S.I. 2003/1593.

M72 S.I. 1977/1918.

M73 1987 c.43.

M74 S.I. 1976/1813.

M75 S.I. 1988/915.

M76 S.I. 1987/2049 (N.I.20).

Enterprise Act 2002 (Part 9 Restrictions on Disclosure of Information) (Amendment and Specification) Order 2003 U.K.

103.—(1) The Enterprise Act 2002 (Part 9 Restrictions on Disclosure of Information) (Amendment and Specification) Order 2003 M77 is amended as follows.

(2) In Schedule 3—

(a) omit the words “Control of Misleading Advertisements Regulations 1988”;

(b) add after “General Product Safety Regulations 2005”—

“Consumer Protection from Unfair Trading Regulations 2008.

Business Protection from Misleading Marketing Regulations 2008.”.

(3) In Schedule 4—

(a) omit the words “Control of Misleading Advertisements Regulations 1988”;

(b) add after “Parts 2 and 3 of the Railways and Other Guided Transport Systems (Safety) Regulations 2006”—

“Consumer Protection from Unfair Trading Regulations 2008.

Business Protection from Misleading Marketing Regulations 2008.”.

Marginal Citations

M77 S.I. 2003/1400; relevant amending instruments are S.I. 2005/1803, 2006/1057.

Price Marking (Food and Drink) Services Order 2003 U.K.

104.  The Price Marking (Food and Drink) Services Order 2003 M78 is revoked.

Marginal Citations

M78 S.I. 2003/2253.

Control of Misleading Advertisements (Amendment) Regulations 2003 U.K.

105.  The Control of Misleading Advertisements (Amendment) Regulations 2003 M79 are revoked.

Marginal Citations

M79 S.I. 2003/3183.

Price Marking (Food and Drink) Services Order (Northern Ireland) 2004 U.K.

106.  The Price Marking (Food and Drink) Services Order (Northern Ireland) 2004 M80 is revoked.

Marginal Citations

M80 S.R. (NI) 2004 No 369.

Energy Information (Household Refrigerators and Freezers) Regulations 2004 U.K.

107.  In Schedule 6 to the Energy Information (Household Refrigerators and Freezers) Regulations 2004 M81 (offences, enforcement and other matters), in paragraph 12(3)—

(a) omit paragraph (h); and

(b) after paragraph (g) insert—

“(i) any subordinate legislation made for the purpose of securing compliance with Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market;

(j) any subordinate legislation made for the purpose of securing compliance with Directive 2006/114/EC of the European Parliament and of the Council of 12 December 2006 concerning misleading and comparative advertising.”.

Marginal Citations

M81 S.I. 2004/1468.

Consumer Credit (Advertisements) Regulations 2004 U.K.

108.—(1) The Consumer Credit (Advertisements) Regulations 2004 M82 are amended as follows.

(2) In regulation 1(2) (citation, commencement and interpretation) omit the definitions of “hire advertisement” and of “hire payment”.

(3) In regulation 2 (duty to comply) omit “or a hire advertisement”.

(4) In regulation 3 (general requirements) omit “or hire advertisement”.

(5) In regulation 4 (content of advertisements)—

(a) in paragraph 1 omit “, and where a hire advertisement includes any of the amounts referred to in paragraph 4 or 5 of Schedule 3 to these Regulations,”;

(b) in paragraph 2 omit “in the case of credit advertisement, and the items of information listed in Schedule 3 in the case of a hire advertisement,”;

(c) in paragraph 3(b) omit “or hire advertisement, as the case may be,”.

(6) In regulation 7 (security)—

(a) in paragraph 1 omit “or hire advertisement”;

(b) omit paragraph 5;

(c) omit paragraph 7;

(d) in paragraph 8 for “Paragraphs (2)-(7)” substitute “ Paragraphs (2), (3), (4) and (6) ”.

(7) In regulation 9(2) (restrictions on certain expressions in credit advertisements) omit “, and a hire advertisement shall not include in relation to any hire payment,”.

(8) Omit Schedule 3.

Marginal Citations

M82 S.I. 2004/1484, amended by S.I. 2004/2619.

Contracting Out (Functions relating to Broadcast Advertising) and Specification of Relevant Functions Order 2004 U.K.

109.—(1) The Contracting Out (Functions relating to Broadcast Advertising) and Specification of Relevant Functions Order 2004 M83 is amended as follows.

(2) In article 2 (interpretation), in paragraph (1), omit the definition of “the 1988 Regulations”.

(3) Omit article 6.

(4) In article 8 (exercise of functions by an authorised person), in paragraph (3), omit sub-paragraph (e) and the “and” preceding it.

Marginal Citations

M83 S.I. 2004/1975.

Financial Services (Distance Marketing) Regulations 2004 U.K.

110.—(1) The Financial Services (Distance Marketing) Regulations 2004 M84 are amended as follows.

(2) In regulation 15 (unsolicited services) omit paragraphs (2), (3), (5), (6) and (7).

(3) In regulation 22 (offences)—

(a) in paragraph (2) omit “, or under regulation 15(2) or (3),”;

(b) in paragraph (4) omit “, or under regulation 15(2) or (3),”;

(c) in paragraph (5) omit “or under regulation 15(2) or (3),”.

Marginal Citations

M84 S.I. 2004/2095.

Duty Stamps Regulations 2006 U.K.

111.  In regulation 10 of the Duty Stamps Regulations 2006 M85 (disqualification from being registered), in paragraph (7)(b)—

(a) after “Forgery and Counterfeiting Act 1981” insert—

“an offence under regulation 6 of the Business Protection from Misleading Marketing Regulations 2008 (but only if the goods to which the advertising in question related were, or included, dutiable alcoholic liquor);”;

(b) at the end add—

“an offence under regulation 8, 9, 10, 11 or 12 of the Consumer Protection from Unfair Trading Regulations 2008 (but only if the product to which the unfair commercial practice related was, or included, dutiable alcoholic liquor);”.

Marginal Citations

M85 S.I. 2006/202.

The Water and Sewerage Services (Northern Ireland) Order 2006 U.K.

112.  In Article 265 of the Water and Sewerage Services (Northern Ireland) Order 2006 M86 (restriction on disclosure of information), in paragraph (5)—

(a) omit sub-paragraph (h);

(b) after sub-paragraph (q) add—

“(r) the Business Protection from Misleading Marketing Regulations 2008;

(s) the Consumer Protection from Unfair Trading Regulations 2008.”.

Marginal Citations

M86 S.I. 2006/3336 (N.I.21).

Enterprise Act 2002 (Part 8 Community Infringements Specified UK Laws) Order 2006 U.K.

113.  In the Schedule to the Enterprise Act 2002 (Part 8 Community Infringements Specified UK Laws) Order 2006 M87 (listed Directives and Regulation) omit the entry for Directive 97/55/EC of the European Parliament and of the Council of 6 October 1997.

Marginal Citations

M87 S.I. 2006/3372.

Licensing (Relevant Offences) (Scotland) Regulations 2007 U.K.

114.  In the Schedule to the Licensing (Relevant Offences) (Scotland) Regulations 2007 M88 (relevant offences), at the end insert—

“45.   An offence under regulation 6 of the Business Protection from Misleading Marketing Regulations 2008 (offence of misleading advertising) in circumstances where the advertising in question relates to alcohol or to goods that include alcohol.

46.   An offence under regulation 8, 9, 10, 11 or 12 of the Consumer Protection from Unfair Trading Regulations 2008 (offences relating to unfair commercial practices) in circumstances where the commercial practice in question is directly connected with the promotion, sale or supply of alcohol or of a product that includes alcohol.”.

Marginal Citations

M88 S.S.I. 2007/513.

Legislative and Regulatory Reform (Regulatory Functions) Order 2007 U.K.

115.—(1) In the Schedule to the Legislative and Regulatory Reform (Regulatory Functions) Order 2007 M89 , Part 3 is amended as follows.

(2) In the heading “Consumer and business protection”—

(a) omit the words “Textile Products (Determination of Composition) Regulations 2006”;

(b) after the entry for the Electromagnetic Compatibility Regulations 2006 M90 insert—

“Textile Products (Determination of Composition) Regulations 2008

Business Protection from Misleading Marketing Regulations 2008

Consumer Protection from Unfair Trading Regulations 2008.”.

Marginal Citations

M89 S.I. 2007/3544.

M90 S.I. 2006/3418.