(1)In this Part a Community infringement is an act or omission which harms the collective interests of consumers and which—
(a)contravenes a listed Directive as given effect by the laws, regulations or administrative provisions of an EEA State, F1. . .
(b)contravenes such laws, regulations or administrative provisions which provide additional permitted protections.
[F2(c)contravenes a listed Regulation, or
(d)contravenes any laws, regulations or administrative provisions of an EEA State which give effect to a listed Regulation.]
(2)The laws, regulations or administrative provisions of an EEA State which give effect to a listed Directive provide additional permitted protections if—
(a)they provide protection for consumers which is in addition to the minimum protection required by the Directive concerned, and
(b)such additional protection is permitted by that Directive.
(3)The Secretary of State may by order specify for the purposes of this section the law in the United Kingdom which—
(a)gives effect to the listed Directives;
(b)provides additional permitted protections [F3; or]
[F4(c)gives effect to a listed Regulation]
(4)References to a listed Directive [F5or to a listed Regulation] must be construed in accordance with section 210.
[F6(5)EEA State has the meaning given by Schedule 1 to the Interpretation Act 1978 F7.]
(6)An order under this section must be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
Textual Amendments
F1Word in s. 212(1)(a) repealed (8.1.2007) by The Enterprise Act 2002 (Amendment) Regulations 2006 (S.I. 2006/3363), reg. 6
F2S. 212(1)(c)(d) inserted (8.1.2007) by The Enterprise Act 2002 (Amendment) Regulations 2006 (S.I. 2006/3363), reg. 7
F3Words in s. 212(3)(b) inserted (8.1.2007) by The Enterprise Act 2002 (Amendment) Regulations 2006 (S.I. 2006/3363), reg. 8
F4S. 212(3)(c) inserted (8.1.2007) by The Enterprise Act 2002 (Amendment) Regulations 2006 (S.I. 2006/3363), reg. 8
F5Words in s. 212(4) inserted (8.1.2007) by The Enterprise Act 2002 (Amendment) Regulations 2006 (S.I. 2006/3363), reg. 9
F6S. 212(5) substituted (16.3.2007) by The Enterprise Act 2002 (EEA State) (Amendment) Regulations 2007 (S.I. 2007/528), reg. 2
Textual Amendments applied to the whole legislation
F8Act: for the words "solicitor of the Supreme Court of Northern Ireland" wherever they occur there is substituted (prosp.) the words "solicitor of the Court of Judicature of Northern Ireland" by virtue of Constitutional Reform Act 2005 (c. 4), ss. 59, 148(1), Sch. 11 para. 5 [Editorial Note: this amendment will be carried through into the text of the Act at the same time as any other effects on the Act for the year in which the relevant commencement order (or first such order) is made]