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The Consumer Protection from Unfair Trading Regulations 2008

Draft Legislation:

This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Consumer Protection from Unfair Trading Regulations 2008 No. 1277

Regulation 30(1)

SCHEDULE 2Amendments

This schedulenoteType=Explanatory Memorandum has no associated

PART 1Amendments to Acts

Anglo-Portuguese Commercial Treaty Act 1914

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

Anglo-Portuguese Commercial Treaty Act 1916

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

Fraudulent Mediums Act 1951

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

Trading Representations (Disabled Persons) Act 1958

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

Trading Representations (Disabled Persons) Act (Northern Ireland) 1958

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

Mock Auctions Act 1961

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

Trade Descriptions Act 1968

7.  The Trade Descriptions Act 1968(7) is amended as follows.

8.  The following provisions shall cease to have effect—

(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—

(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—

(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”.

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

Administration of Justice Act 1970

13.  In section 40 of the Administration of Justice Act 1970(8) (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..

Greater London Council (General Powers) Act 1972

14.  In section 17 of the Greater London Council (General Powers) Act 1972(9) (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..

Fair Trading Act 1973

15.  Sections 29 to 33 of the Fair Trading Act 1973(10) shall cease to have effect, except in so far as they are applied by section 123 of that Act.

Hallmarking Act 1973

16.  (1)  Section 1 of the Hallmarking Act 1973(11) (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”.

Consumer Credit Act 1974

17.  The Consumer Credit Act 1974(12) is amended as follows.

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

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.

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.

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

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

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

24.  In section 103 (termination statements)—

(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.

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.

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.

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

Telecommunications Act 1984

29.  In section 101 of the Telecommunications Act 1984(13) (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..

Companies Act 1985

30.  In Schedule 15D to the Companies Act 1985(14) (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..

Weights and Measures Act 1985

31.  Section 29 of the Weights and Measures Act 1985(15) (misrepresentation) shall cease to have effect.

Airports Act 1986

32.  In section 74 of the Airports Act 1986(16) (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..

Consumer Protection Act 1987

33.  The Consumer Protection Act 1987(17) is amended as follows.

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

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

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

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

County of Cleveland Act 1987

38.  In section 23 of the County of Cleveland Act 1987(18) (control of occasional sales), subsections (6) and (7) shall cease to have effect.

Copyright, Designs and Patents Act 1988

39.  The Copyright, Designs and Patents Act 1988(19) is amended as follows.

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—

(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—

“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—

(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—

“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—

(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—

“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

46.  In section 80 of the Road Traffic Act 1988(20) (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.

Water Act 1989

47.  In section 174 of the Water Act 1989(21) (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..

Courts and Legal Services Act 1990

48.  In section 50 of the Courts and Legal Services Act 1990(22) (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;.

Water Industry Act 1991

49.  In Schedule 15 to the Water Industry Act 1991(23) (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..

Water Resources Act 1991

50.  In Schedule 24 to the Water Resources Act 1991(24) (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..

North Yorkshire County Council Act 1991

51.  In section 6 of the North Yorkshire County Council Act 1991(25) (control of occasional sales), subsections (6) and (7) shall cease to have effect.

Railways Act 1993

52.  In section 145 of the Railways Act 1993(26) (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..

Trade Marks Act 1994

53.  The Trade Marks Act 1994(27) is amended as follows.

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—

(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—

(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—

(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

57.  In section 59 of the Coal Industry Act 1994(28) (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..

London Local Authorities Act 1996

58.  Section 16 of the London Local Authorities Act 1996(29) (display of names, etc) shall cease to have effect.

Greater London Authority Act 1999

59.  In section 235 of the Greater London Authority Act 1999(30) (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..

Postal Services Act 2000

60.  In Schedule 7 to the Postal Services Act 2000(31) (disclosure of information), in paragraph 3(3)—

(a)after sub-paragraph (pp) insert—

(ppa)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 sub-paragraph (qq) substitute—

(qq)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.

Utilities Act 2000

61.  In section 105 of the Utilities Act 2000(32) (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..

Transport Act 2000

62.  In Schedule 9 to the Transport Act 2000(33) (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;.

Criminal Justice and Police Act 2001

63.  In section 66 of the Criminal Justice and Police Act 2001(34) (general interpretation of Part 2), in subsection (4), after paragraph (p) insert—

(q)regulation 23 of the Business Protection from Misleading Marketing Regulations 2008 (power of entry and investigation, etc.);

(r)regulation 21 of the Consumer Protection from Unfair Trading Regulations 2008 (power of entry and investigation, etc.)..

64.  In Schedule 1 to that Act, in Part 1 (powers to which section 50 applies), after paragraph 73I insert—

Business Protection from Misleading Marketing Regulations 2008

73J.  Each of the powers of seizure conferred by the provisions of regulation 23(1)(c) and (d) of the Business Protection from Misleading Marketing Regulations 2008 (seizure of evidence of breach of regulations, etc).

Consumer Protection from Unfair Trading Regulations 2008

73K.  Each of the powers of seizure conferred by the provisions of regulation 21(1)(c) and (d) of the Consumer Protection from Unfair Trading Regulations 2008 (seizure of evidence of breach of regulations, etc)..

65.  (1)  In Schedule 2 to that Act, Part 1 (application of enactments) is amended as follows.

(2) After paragraph 4A insert—

4B  Regulation 26 of the Business Protection from Misleading Marketing Regulations 2008 (notice of test and intended proceedings) shall apply in relation to items seized under section 50 of this Act in reliance on the power of seizure conferred by regulation 23 of those Regulations as it applies in relation to items seized in pursuance of regulation 23 of those Regulations.

4C.  Regulation 24 of the Consumer Protection from Unfair Trading Regulations 2008 (notice of test and intended proceedings) shall apply in relation to items seized under section 50 of this Act in reliance on the power of seizure conferred by regulation 21 of those Regulations as it applies in relation to items seized in pursuance of regulation 21 of those Regulations..

(3) After paragraph 9A insert—

9B  Regulation 27 of the Business Protection from Misleading Marketing Regulations 2008 (compensation for seizure and detention) shall apply in relation to the seizure of items under section 50 of this Act in reliance on the power of seizure conferred by regulation 23 of those Regulations, and the retention of those items, as it applies in relation to the seizure and detention of goods under regulation 23 of those Regulations.

9C  Regulation 25 of the Consumer Protection from Unfair Trading Regulations 2008 (compensation for seizure and detention) shall apply in relation to the seizure of items under section 50 of this Act in reliance on the power of seizure conferred by regulation 21 of those Regulations, and the retention of those items, as it applies in relation to the seizure and detention of goods under regulation 21 of those Regulations..

Kent County Council Act 2001

66.  Section 13 of the Kent County Council Act 2001(35) (display of name and address) shall cease to have effect.

Medway Council Act 2001

67.  Section 13 of the Medway Council Act 2001(36) (display of name and address) shall cease to have effect.

Enterprise Act 2002

68.  The Enterprise Act 2002(37) is amended as follows.

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).

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

(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

71.  In Schedule 4 to the Licensing Act 2003(38) (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..

Communications Act 2003

72.  In section 393 of the Communications Act 2003(39) (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..

Nottingham City Council Act 2003

73.  Section 12 of the Nottingham City Council Act 2003(40) (display of name and address) shall cease to have effect.

Wireless Telegraphy Act 2006

74.  In section 111 of the Wireless Telegraphy Act 2006(41) (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..

Companies Act 2006

75.  In Part 2 of Schedule 2 to the Companies Act 2006(42) (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..

PART 2Amendments to other legislation

Tourism (Sleeping Accommodation Price Display) Order 1977

76.  The Tourism (Sleeping Accommodation Price Display) Order 1977(43) is revoked.

Weights and Measures (Northern Ireland) Order 1981

77.  Article 22(2) of the Weights and Measures (Northern Ireland) Order 1981(44) is revoked.

Road Vehicles (Construction and Use) Regulations 1986

78.  Regulation 5 of the Road Vehicles (Construction and Use) Regulations 1986(45) (Trade Descriptions Act 1968) is revoked.

The Companies (Northern Ireland) Order 1986

79.  In Schedule 15D(46) (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..

Consumer Protection (Northern Ireland) Order 1987

80.  Articles 13 to 27, 30 and 33 of the Consumer Protection (Northern Ireland) Order 1987(47) are revoked.

Control of Misleading Advertisements Regulations 1988

81.  The Control of Misleading Advertisements Regulations 1988(48) are revoked.

Road Vehicles Lighting Regulations 1989

82.  Regulation 10 of the Road Vehicles Lighting Regulations 1989(49) (provision as respects the Trade Descriptions Act 1968) is revoked.

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

83.  (1)  The Schedule to the Estate Agents (Specified Offences) (No.2) Order 1991(50) (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 2008Regulation 8Offences relating to unfair commercial practices
Regulation 9
Regulation 10
Regulation 11
Regulation 12
Regulation 23Obstruction of authorised officers

Airports (Northern Ireland) Order 1994

84.  In Article 49 of the Airports (Northern Ireland) Order 1994(51) (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..

Motor Cycle Silencer and Exhaust Systems Regulations 1995

85.  Regulation 7 of the Motor Cycle Silencer and Exhaust Systems Regulations 1995(52) (the Trade Descriptions Act 1968) is revoked.

Energy Information (Washing Machines) Regulations 1996

86.  In Schedule 5 to the Energy Information (Washing Machines) Regulations 1996(53) (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..

Energy Information (Tumble Driers) Regulations 1996

87.  In Schedule 5 to the Energy Information (Tumble Driers) Regulations 1996(54) (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..

Energy Information (Combined Washer-Driers) Regulations 1997

88.  In Schedule 5 to the Energy Information (Combined Washer-Driers) Regulations 1997(55) (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..

Motor Cycles (Protective Helmets) Regulations 1998

89.  In regulation 6 of the Motor Cycle (Protective Helmets) Regulations 1998(56) (saving for the Trade Descriptions Act 1968 and the Consumer Protection Act 1987) omit the words “the Trade Descriptions Act 1968 or”.

Motor Cycles (Protective Headgear) Regulations (Northern Ireland) 1999

90.  In regulation 4 of the Motor Cycles (Protective Headgear) Regulations (Northern Ireland) 1999(57) (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”.

Motor Vehicles (Construction and Use) Regulations (Northern Ireland) 1999

91.  Regulation 4 of the Motor Vehicles (Construction and Use) Regulations (Northern Ireland) 1999(58) (Trade Descriptions Act 1968) is revoked.

Energy Information (Lamps) Regulations 1999

92.  In Schedule 4 to the Energy Information (Lamps) Regulations 1999(59) (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..

Energy Information (Dishwashers) Regulations 1999

93.  In Schedule 5 to the Energy Information (Dishwashers) Regulations 1999(60) (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..

Road Vehicles Lighting Regulations (Northern Ireland) 2000

94.  Regulation 12 of the Road Vehicles Lighting Regulations (Northern Ireland) 2000(61) is revoked.

Control of Misleading Advertisements (Amendment) Regulations 2000

95.  The Control of Misleading Advertisements (Amendment) Regulations 2000(62) are revoked.

Consumer Protection (Distance Selling) Regulations 2000

96.  In regulation 24 of the Consumer Protection (Distance Selling) Regulations 2000(63) (inertia selling) omit paragraphs (4), (5), (7), (8) and (9).

Sale and Supply of Goods to Consumers Regulations 2002

97.  In regulation 15 of the Sale and Supply of Goods to Consumers Regulations 2002(64) (consumer guarantees), after paragraph (2), insert—

(2A) The guarantor shall also ensure that the guarantee contains a statement that the consumer has statutory rights in relation to the goods which are sold or supplied and that those rights are not affected by the guarantee..

Energy (Northern Ireland) Order 2003

98.  In Article 63 of the Energy (Northern Ireland) Order 2003(65) (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..

Energy Information (Household Electric Ovens) Regulations 2003

99.  In Schedule 6 to the Energy Information (Household Electric Ovens) Regulations 2003(66) (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..

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

100.  (1)  The Enterprise Act 2002 (Part 8 Community Infringements Specified UK Laws) Order 2003(67) 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 marketConsumer Protection from Unfair Trading Regulations 2008.

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

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(68) 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(69) omit “and all offences under Part III (misleading price indications)”.

(3) Omit the entry for the Fair Trading Act 1973(70).

(4) Omit the entry for the Mock Auctions Act 1961(71).

(5) After the entry for the Trade Marks Act 1994(72) 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(73) omit “29 misrepresentation”.

Enterprise Act 2002 (Part 8 Domestic Infringements) Order 2003

102.  (1)  The Enterprise Act 2002 (Part 8 Domestic Infringements) Order 2003(74) is amended as follows.

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

(a)omit the entries for—

(i)the Business Advertisements (Disclosure) Order 1977(75);

(ii)the Consumer Protection Act 1987(76);

(iii)the Consumer Transactions (Restrictions on Statements) Order 1976(77);

(iv)the Control of Misleading Advertisements Regulations 1988(78);

(v)the Mock Auctions Act 1961;

(vi)the Consumer Protection (Northern Ireland) Order 1987(79);

(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).”

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

103.  (1)  The Enterprise Act 2002 (Part 9 Restrictions on Disclosure of Information) (Amendment and Specification) Order 2003(80) 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..

Price Marking (Food and Drink) Services Order 2003

104.  The Price Marking (Food and Drink) Services Order 2003(81) is revoked.

Control of Misleading Advertisements (Amendment) Regulations 2003

105.  The Control of Misleading Advertisements (Amendment) Regulations 2003(82) are revoked.

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

106.  The Price Marking (Food and Drink) Services Order (Northern Ireland) 2004(83) is revoked.

Energy Information (Household Refrigerators and Freezers) Regulations 2004

107.  In Schedule 6 to the Energy Information (Household Refrigerators and Freezers) Regulations 2004(84) (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..

Consumer Credit (Advertisements) Regulations 2004

108.  (1)  The Consumer Credit (Advertisements) Regulations 2004(85) 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.

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

109.  (1)  The Contracting Out (Functions relating to Broadcast Advertising) and Specification of Relevant Functions Order 2004(86) 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.

Financial Services (Distance Marketing) Regulations 2004

110.  (1)  The Financial Services (Distance Marketing) Regulations 2004(87) 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),”.

Duty Stamps Regulations 2006

111.  In regulation 10 of the Duty Stamps Regulations 2006(88) (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);.

The Water and Sewerage Services (Northern Ireland) Order 2006

112.  In Article 265 of the Water and Sewerage Services (Northern Ireland) Order 2006(89) (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..

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

113.  In the Schedule to the Enterprise Act 2002 (Part 8 Community Infringements Specified UK Laws) Order 2006(90) (listed Directives and Regulation) omit the entry for Directive 97/55/EC of the European Parliament and of the Council of 6 October 1997.

Licensing (Relevant Offences) (Scotland) Regulations 2007

114.  In the Schedule to the Licensing (Relevant Offences) (Scotland) Regulations 2007(91) (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..

Legislative and Regulatory Reform (Regulatory Functions) Order 2007

115.  (1)  In the Schedule to the Legislative and Regulatory Reform (Regulatory Functions) Order 2007(92), 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(93) insert—

Textile Products (Determination of Composition) Regulations 2008

Business Protection from Misleading Marketing Regulations 2008

Consumer Protection from Unfair Trading Regulations 2008..

(1)

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

(2)

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

(8)

1970 c.31..

(10)

1973 c.41.

(11)

1973 c.43.

(12)

1974 c.39.

(13)

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

(14)

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).

(15)

1985 c.72.

(16)

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

(17)

1987 c.43.

(18)

1987 c.ix.

(19)

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.

(20)

1988 c.52.

(21)

1989 c.15.

(22)

1990 c.41.

(23)

1991 c.56.

(24)

1991 c.57.

(26)

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

(27)

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

(28)

1994 c.21.

(29)

1996 c.ix.

(30)

1999 c.29.

(31)

2000 c.26; paragraph 3(3) of Schedule 7 was substituted by article 2(4) of S.I. 2001/3617.

(32)

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).

(33)

2000 c.38.

(34)

2001 c.16; section 66(4)(o) was inserted by regulation 47(2) and (3) of S.I. 2005/1803 and section 66(4)(p) was inserted by paragraph 14(2) of Schedule 3 to the Animal Welfare Act 2006 (c.45); paragraph 73I of Schedule 1 was inserted by paragraph 14(3) of Schedule 3 to the Animal Welfare Act 2006; paragraphs 4A and 9A of Schedule 2 were inserted by regulation 47(2) and (5) of S.I. 2005/1803.

(36)

2001 c.iv.

(37)

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.

(38)

2003 c.17.

(39)

2003 c.21.

(40)

2003 c.ii.

(41)

2006 c.36.

(42)

2006 c.46.

(43)

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

(44)

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

(45)

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

(49)

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

(50)

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

(53)

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

(54)

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

(55)

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

(56)

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

(57)

S.R. (NI) 1999 No 170.

(58)

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

(59)

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

(60)

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

(61)

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

(63)

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

(67)

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

(68)

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

(69)

1987 c.43.

(71)

1987 c.47.

(72)

1994 c.26.

(73)

1985 c.72.

(76)

1987 c.43.

(80)

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

(83)

S.R. (NI) 2004 No 369.

(85)

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

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