Search Legislation

Consumer Rights Act 2015

What Version

 Help about what version

Advanced Features

 Help about advanced features

Changes to legislation:

Consumer Rights Act 2015 is up to date with all changes known to be in force on or before 18 December 2017. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

Changes and effects yet to be applied to :

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the specific provision you are viewing.

  • s. 83 coming into force by S.I. 2015/1831 art. 2 (This amendment not applied to legislation.gov.uk. This SI is revoked (11.11.2015) by S.I. 2015/1904, art. 4)
  • s. 84 coming into force by S.I. 2015/1831 art. 2 (This amendment not applied to legislation.gov.uk. This SI is revoked (11.11.2015) by S.I. 2015/1904, art. 4)
  • s. 85 coming into force by S.I. 2015/1831 art. 2 (This amendment not applied to legislation.gov.uk. This SI is revoked (11.11.2015) by S.I. 2015/1904, art. 4)
  • s. 86 coming into force by S.I. 2015/1831 art. 2 (This amendment not applied to legislation.gov.uk. This SI is revoked (11.11.2015) by S.I. 2015/1904, art. 4)
  • s. 87 coming into force by S.I. 2015/1831 art. 2 (This amendment not applied to legislation.gov.uk. This SI is revoked (11.11.2015) by S.I. 2015/1904, art. 4)
  • s. 88 coming into force by S.I. 2015/1831 art. 2 (This amendment not applied to legislation.gov.uk. This SI is revoked (11.11.2015) by S.I. 2015/1904, art. 4)
  • s. 90(4)(c) word omitted by 2017 c. 30 s. 105
  • Sch. 9 para. 1 coming into force by S.I. 2015/1831 art. 3 (This amendment not applied to legislation.gov.uk. This SI is revoked (11.11.2015) by S.I. 2015/1904, art. 4)
  • Sch. 9 para. 2 coming into force by S.I. 2015/1831 art. 3 (This amendment not applied to legislation.gov.uk. This SI is revoked (11.11.2015) by S.I. 2015/1904, art. 4)
  • Sch. 9 para. 3 coming into force by S.I. 2015/1831 art. 3 (This amendment not applied to legislation.gov.uk. This SI is revoked (11.11.2015) by S.I. 2015/1904, art. 4)
  • Sch. 9 para. 4 coming into force by S.I. 2015/1831 art. 3 (This amendment not applied to legislation.gov.uk. This SI is revoked (11.11.2015) by S.I. 2015/1904, art. 4)
  • Sch. 9 para. 5 coming into force by S.I. 2015/1831 art. 3 (This amendment not applied to legislation.gov.uk. This SI is revoked (11.11.2015) by S.I. 2015/1904, art. 4)
  • Sch. 9 para. 6 coming into force by S.I. 2015/1831 art. 3 (This amendment not applied to legislation.gov.uk. This SI is revoked (11.11.2015) by S.I. 2015/1904, art. 4)
  • specified provision(s) amendment to earlier commencing SI 2015/1630, art. 4, 6 by S.I. 2016/484 art. 2

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

SCHEDULES

Section 60

SCHEDULE 1E+W+S+N.I.Amendments consequential on Part 1

Supply of Goods (Implied Terms) Act 1973 (c. 13)E+W+S+N.I.

1The Supply of Goods (Implied Terms) Act 1973 is amended as follows.E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I1Sch. 1 para. 1 in force at 1.10.2015 by S.I. 2015/1630, art. 3(g) (with art. 6(1))

2For “hire-purchase agreement” (or “hire purchase agreement”) in each place, except in section 15(1), substitute “ relevant hire-purchase agreement ”.E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I2Sch. 1 para. 2 in force at 1.10.2015 by S.I. 2015/1630, art. 3(g) (with art. 6(1))

3(1)Section 10 (implied undertakings as to quality or fitness) is amended as follows.E+W+S+N.I.

(2)Omit subsections (2D) to (2F).

(3)Omit subsection (8).

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I3Sch. 1 para. 3 in force at 1.10.2015 by S.I. 2015/1630, art. 3(g) (with art. 6(1))

4(1)Section 11A (modification of remedies for breach of statutory condition in non-consumer cases) is amended as follows.E+W+S+N.I.

(2)In subsection (1) omit “then, if the person to whom the goods are bailed does not deal as consumer,”.

(3)In subsection (3), for paragraph (b) substitute—

(b)that the agreement was a relevant hire-purchase agreement.

(4)Omit subsection (4).

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I4Sch. 1 para. 4 in force at 1.10.2015 by S.I. 2015/1630, art. 3(g) (with art. 6(1))

5In section 12A (remedies for breach of hire-purchase agreement as respects Scotland) omit subsections (2) and (3).E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I5Sch. 1 para. 5 in force at 1.10.2015 by S.I. 2015/1630, art. 3(g) (with art. 6(1))

6Omit section 14 (special provisions as to conditional sale agreements).E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I6Sch. 1 para. 6 in force at 1.10.2015 by S.I. 2015/1630, art. 3(g) (with art. 6(1))

7(1)Section 15 (supplementary) is amended as follows.E+W+S+N.I.

(2)In subsection (1)—

(a)in the definition of “hire-purchase agreement” at the end insert—

and a hire-purchase agreement is relevant if it is not a contract to which Chapter 2 of Part 1 of the Consumer Rights Act 2015 applies;, and

(b)omit the definition of “producer”.

(3)Omit subsection (3).

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I7Sch. 1 para. 7 in force at 1.10.2015 by S.I. 2015/1630, art. 3(g) (with art. 6(1))

Sale of Goods Act 1979 (c. 54)E+W+S+N.I.

8The Sale of Goods Act 1979 is amended as follows.E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I8Sch. 1 para. 8 in force at 1.10.2015 by S.I. 2015/1630, art. 3(g) (with art. 6(1))

9In section 1 (contracts to which Act applies), after subsection (4) insert—E+W+S+N.I.

(5)Certain sections or subsections of this Act do not apply to a contract to which Chapter 2 of Part 1 of the Consumer Rights Act 2015 applies.

(6)Where that is the case it is indicated in the section concerned.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I9Sch. 1 para. 9 in force at 1.10.2015 by S.I. 2015/1630, art. 3(g) (with art. 6(1))

10In section 11 (when condition to be treated as warranty), after subsection (4) insert—E+W+S+N.I.

(4A)Subsection (4) does not apply to a contract to which Chapter 2 of Part 1 of the Consumer Rights Act 2015 applies (but see the provision made about such contracts in sections 19 to 22 of that Act).

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I10Sch. 1 para. 10 in force at 1.10.2015 by S.I. 2015/1630, art. 3(g) (with art. 6(1))

11In section 12 (implied terms about title etc), after subsection (6) insert—E+W+S+N.I.

(7)This section does not apply to a contract to which Chapter 2 of Part 1 of the Consumer Rights Act 2015 applies (but see the provision made about such contracts in section 17 of that Act).

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I11Sch. 1 para. 11 in force at 1.10.2015 by S.I. 2015/1630, art. 3(g) (with art. 6(1))

12In section 13 (sale by description), after subsection (4) insert—E+W+S+N.I.

(5)This section does not apply to a contract to which Chapter 2 of Part 1 of the Consumer Rights Act 2015 applies (but see the provision made about such contracts in section 11 of that Act).

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I12Sch. 1 para. 12 in force at 1.10.2015 by S.I. 2015/1630, art. 3(g) (with art. 6(1))

13(1)Section 14 (implied terms about quality or fitness) is amended as follows.E+W+S+N.I.

(2)Omit subsections (2D) to (2F).

(3)After subsection (8) insert—

(9)This section does not apply to a contract to which Chapter 2 of Part 1 of the Consumer Rights Act 2015 applies (but see the provision made about such contracts in sections 9, 10 and 18 of that Act).

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I13Sch. 1 para. 13 in force at 1.10.2015 by S.I. 2015/1630, art. 3(g) (with art. 6(1))

14In section 15 (sale by sample), after subsection (4) insert—E+W+S+N.I.

(5)This section does not apply to a contract to which Chapter 2 of Part 1 of the Consumer Rights Act 2015 applies (but see the provision made about such contracts in sections 13 and 18 of that Act).

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I14Sch. 1 para. 14 in force at 1.10.2015 by S.I. 2015/1630, art. 3(g) (with art. 6(1))

15In section 15A (modification of remedies for breach of condition in non-consumer cases), in subsection (1) omit “then, if the buyer does not deal as consumer,”.E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I15Sch. 1 para. 15 in force at 1.10.2015 by S.I. 2015/1630, art. 3(g) (with art. 6(1))

16(1)Section 15B (remedies for breach of contract as respects Scotland) is amended as follows.E+W+S+N.I.

(2)After subsection (1) insert—

(1A)Subsection (1) does not apply to a contract to which Chapter 2 of Part 1 of the Consumer Rights Act 2015 applies (but see the provision made about such contracts in sections 19 to 22 of that Act).

(3)Omit subsection (2).

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I16Sch. 1 para. 16 in force at 1.10.2015 by S.I. 2015/1630, art. 3(g) (with art. 6(1))

17(1)In section 20 (passing of risk), for subsection (4) substitute—E+W+S+N.I.

(4)This section does not apply to a contract to which Chapter 2 of Part 1 of the Consumer Rights Act 2015 applies (but see the provision made about such contracts in section 29 of that Act).

(2)The marginal note “Passing of risk” substituted by the Sale and Supply of Goods to Consumers Regulations 2002 (SI 2002/3045) is not affected by the revocation of those Regulations by this Schedule.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I17Sch. 1 para. 17 in force at 1.10.2015 by S.I. 2015/1630, art. 3(g) (with art. 6(1))

18In section 29 (rules about delivery), after subsection (3) insert—E+W+S+N.I.

(3A)Subsection (3) does not apply to a contract to which Chapter 2 of Part 1 of the Consumer Rights Act 2015 applies (but see the provision made about such contracts in section 28 of that Act).

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I18Sch. 1 para. 18 in force at 1.10.2015 by S.I. 2015/1630, art. 3(g) (with art. 6(1))

19(1)Section 30 (delivery of wrong quantity) is amended as follows.E+W+S+N.I.

(2)In subsection (2A) omit “who does not deal as consumer”.

(3)After subsection (5) insert—

(6)This section does not apply to a contract to which Chapter 2 of Part 1 of the Consumer Rights Act 2015 applies (but see the provision made about such contracts in section 25 of that Act).

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I19Sch. 1 para. 19 in force at 1.10.2015 by S.I. 2015/1630, art. 3(g) (with art. 6(1))

20In section 31 (instalment deliveries) after subsection (2) insert—E+W+S+N.I.

(3)This section does not apply to a contract to which Chapter 2 of Part 1 of the Consumer Rights Act 2015 applies (but see the provision made about such contracts in section 26 of that Act).

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I20Sch. 1 para. 20 in force at 1.10.2015 by S.I. 2015/1630, art. 3(g) (with art. 6(1))

21In section 32 (delivery to carrier), for subsection (4) substitute—E+W+S+N.I.

(4)This section does not apply to a contract to which Chapter 2 of Part 1 of the Consumer Rights Act 2015 applies (but see the provision made about such contracts in section 29 of that Act).

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I21Sch. 1 para. 21 in force at 1.10.2015 by S.I. 2015/1630, art. 3(g) (with art. 6(1))

22(1)Section 33 (risk where goods are delivered at distant place) is amended as follows.E+W+S+N.I.

(2)At the beginning insert “ (1) ”.

(3)At the end insert—

(2)This section does not apply to a contract to which Chapter 2 of Part 1 of the Consumer Rights Act 2015 applies (but see the provision made about such contracts in section 29 of that Act).

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I22Sch. 1 para. 22 in force at 1.10.2015 by S.I. 2015/1630, art. 3(g) (with art. 6(1))

23(1)Section 34 (buyer's right of examining the goods) is amended as follows.E+W+S+N.I.

(2)At the beginning insert “ (1) ”.

(3)At the end insert—

(2)Nothing in this section affects the operation of section 22 (time limit for short-term right to reject) of the Consumer Rights Act 2015.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I23Sch. 1 para. 23 in force at 1.10.2015 by S.I. 2015/1630, art. 3(g) (with art. 6(1))

24(1)Section 35 (acceptance) is amended as follows.E+W+S+N.I.

(2)Omit subsection (3).

(3)After subsection (8) insert—

(9)This section does not apply to a contract to which Chapter 2 of Part 1 of the Consumer Rights Act 2015 applies (but see the provision made about such contracts in section 21 of that Act).

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I24Sch. 1 para. 24 in force at 1.10.2015 by S.I. 2015/1630, art. 3(g) (with art. 6(1))

25In section 35A (right of partial rejection), after subsection (4) insert—E+W+S+N.I.

(5)This section does not apply to a contract to which Chapter 2 of Part 1 of the Consumer Rights Act 2015 applies (but see the provision made about such contracts in section 21 of that Act).

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I25Sch. 1 para. 25 in force at 1.10.2015 by S.I. 2015/1630, art. 3(g) (with art. 6(1))

26(1)Section 36 (buyer not bound to return rejected goods) is amended as follows.E+W+S+N.I.

(2)At the beginning insert “ (1) ”.

(3)At the end insert—

(2)This section does not apply to a contract to which Chapter 2 of Part 1 of the Consumer Rights Act 2015 applies (but see the provision made about such contracts in section 20 of that Act).

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I26Sch. 1 para. 26 in force at 1.10.2015 by S.I. 2015/1630, art. 3(g) (with art. 6(1))

27Omit Part 5A (additional rights of buyer in consumer cases).E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I27Sch. 1 para. 27 in force at 1.10.2015 by S.I. 2015/1630, art. 3(g) (with art. 6(1))

28In section 51 (damages for non-delivery), after subsection (3) insert—E+W+S+N.I.

(4)This section does not apply to a contract to which Chapter 2 of Part 1 of the Consumer Rights Act 2015 applies (but see the provision made about such contracts in section 19 of that Act).

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I28Sch. 1 para. 28 in force at 1.10.2015 by S.I. 2015/1630, art. 3(g) (with art. 6(1))

29In section 52 (specific performance), after subsection (4) insert—E+W+S+N.I.

(5)This section does not apply to a contract to which Chapter 2 of Part 1 of the Consumer Rights Act 2015 applies (but see the provision made about such contracts in section 19 of that Act).

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I29Sch. 1 para. 29 in force at 1.10.2015 by S.I. 2015/1630, art. 3(g) (with art. 6(1))

30In section 53 (remedy for breach of warranty), after subsection (4) insert—E+W+S+N.I.

(4A)This section does not apply to a contract to which Chapter 2 of Part 1 of the Consumer Rights Act 2015 applies (but see the provision made about such contracts in section 19 of that Act).

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I30Sch. 1 para. 30 in force at 1.10.2015 by S.I. 2015/1630, art. 3(g) (with art. 6(1))

31In section 53A (measure of damages as respects Scotland), after subsection (2) insert—E+W+S+N.I.

(2A)This section does not apply to a contract to which Chapter 2 of Part 1 of the Consumer Rights Act 2015 applies (but see the provision made about such contracts in section 19 of that Act).

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I31Sch. 1 para. 31 in force at 1.10.2015 by S.I. 2015/1630, art. 3(g) (with art. 6(1))

32(1)Section 54 (interest) is amended as follows.E+W+S+N.I.

(2)At the beginning insert “ (1) ”.

(3)At the end insert—

(2)This section does not apply to a contract to which Chapter 2 of Part 1 of the Consumer Rights Act 2015 applies (but see the provision made about such contracts in section 19 of that Act).

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I32Sch. 1 para. 32 in force at 1.10.2015 by S.I. 2015/1630, art. 3(g) (with art. 6(1))

33In section 55 (exclusion of implied terms), after subsection (1) insert—E+W+S+N.I.

(1A)Subsection (1) does not apply to a contract to which Chapter 2 of Part 1 of the Consumer Rights Act 2015 applies (but see the provision made about such contracts in section 31 of that Act).

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I33Sch. 1 para. 33 in force at 1.10.2015 by S.I. 2015/1630, art. 3(g) (with art. 6(1))

34(1)Section 58 (payment into court in Scotland) is amended as follows.E+W+S+N.I.

(2)At the beginning insert “ (1) ”.

(3)At the end insert—

(2)This section does not apply to a contract to which Chapter 2 of Part 1 of the Consumer Rights Act 2015 applies (but see the provision made about such contracts in section 27 of that Act).

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I34Sch. 1 para. 34 in force at 1.10.2015 by S.I. 2015/1630, art. 3(g) (with art. 6(1))

35(1)Section 61 (interpretation) is amended as follows.E+W+S+N.I.

(2)In subsection (1) omit the following definitions—

(a)“consumer contract”;

(b)“producer”;

(c)“repair”.

(3)Omit subsection (5A).

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I35Sch. 1 para. 35 in force at 1.10.2015 by S.I. 2015/1630, art. 3(g) (with art. 6(1))

36In section 62(2) (savings for rules of law etc), for “this Act” substitute “ legislation including this Act and the Consumer Rights Act 2015 ”.E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I36Sch. 1 para. 36 in force at 1.10.2015 by S.I. 2015/1630, art. 3(g) (with art. 6(1))

Supply of Goods and Services Act 1982 (c. 29)E+W+S+N.I.

37The Supply of Goods and Services Act 1982 is amended as follows.E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I37Sch. 1 para. 37 in force at 1.10.2015 by S.I. 2015/1630, art. 3(g) (with art. 6(1))

38In each place—E+W+S+N.I.

(a)for “contract for the transfer of goods” substitute “ relevant contract for the transfer of goods ”;

(b)for “contract for the hire of goods” substitute “ relevant contract for the hire of goods ”;

(c)for “contract for the supply of a service” substitute “ relevant contract for the supply of a service ”.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I38Sch. 1 para. 38 in force at 1.10.2015 by S.I. 2015/1630, art. 3(g) (with art. 6(1))

39In section 1 (the contracts concerned: transfer of property in goods, as respects England and Wales and Northern Ireland), in subsection (1) at the end insert “ , and other than a contract to which Chapter 2 of Part 1 of the Consumer Rights Act 2015 applies. ”E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I39Sch. 1 para. 39 in force at 1.10.2015 by S.I. 2015/1630, art. 3(g) (with art. 6(1))

40In section 4 (implied terms about quality or fitness in contracts for transfer of goods) omit subsections (2B) to (2D).E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I40Sch. 1 para. 40 in force at 1.10.2015 by S.I. 2015/1630, art. 3(g) (with art. 6(1))

41In section 5A (modification of remedies for breach of statutory condition in non-consumer cases), in subsection (1) omit “then, if the transferee does not deal as consumer,”.E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I41Sch. 1 para. 41 in force at 1.10.2015 by S.I. 2015/1630, art. 3(g) (with art. 6(1))

42In section 6 (the contracts concerned: hire of goods, as respects England and Wales and Northern Ireland), in subsection (1) at the end insert “ , and other than a contract to which Chapter 2 of Part 1 of the Consumer Rights Act 2015 applies. ”E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I42Sch. 1 para. 42 in force at 1.10.2015 by S.I. 2015/1630, art. 3(g) (with art. 6(1))

43In section 9 (implied terms about quality or fitness in contracts for hire of goods) omit subsections (2B) to (2D).E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I43Sch. 1 para. 43 in force at 1.10.2015 by S.I. 2015/1630, art. 3(g) (with art. 6(1))

44In section 10A (modification of remedies for breach of statutory condition in non-consumer cases) in subsection (1) omit “then, if the bailee does not deal as consumer,”.E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I44Sch. 1 para. 44 in force at 1.10.2015 by S.I. 2015/1630, art. 3(g) (with art. 6(1))

45In section 11A (the contracts concerned: transfer of property in goods, as respects Scotland), in subsection (1) at the end insert “ , and other than a contract to which Chapter 2 of Part 1 of the Consumer Rights Act 2015 applies. ”E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I45Sch. 1 para. 45 in force at 1.10.2015 by S.I. 2015/1630, art. 3(g) (with art. 6(1))

46In section 11D (implied terms about quality or fitness in contracts for transfer of property in goods) omit subsections (3A) to (3C) and (10).E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I46Sch. 1 para. 46 in force at 1.10.2015 by S.I. 2015/1630, art. 3(g) (with art. 6(1))

47In section 11F (remedies for breach of contract) omit subsections (2) and (3).E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I47Sch. 1 para. 47 in force at 1.10.2015 by S.I. 2015/1630, art. 3(g) (with art. 6(1))

48In section 11G (the contracts concerned: hire of goods, as respects Scotland), in subsection (1) at the end insert “ , and other than a contract to which Chapter 2 of Part 1 of the Consumer Rights Act 2015 applies. ”E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I48Sch. 1 para. 48 in force at 1.10.2015 by S.I. 2015/1630, art. 3(g) (with art. 6(1))

49In section 11J (implied terms about quality or fitness in contracts for hire of goods) omit subsections (3A) to (3C) and (10).E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I49Sch. 1 para. 49 in force at 1.10.2015 by S.I. 2015/1630, art. 3(g) (with art. 6(1))

50Omit Part 1B (additional rights of transferee in consumer cases).E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I50Sch. 1 para. 50 in force at 1.10.2015 by S.I. 2015/1630, art. 3(g) (with art. 6(1))

51In section 12 (the contracts concerned: supply of services, as respects England and Wales and Northern Ireland), in subsection (1) at the end insert “ , other than a contract to which Chapter 4 of Part 1 of the Consumer Rights Act 2015 applies. ”E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I51Sch. 1 para. 51 in force at 1.10.2015 by S.I. 2015/1630, art. 3(g) (with art. 6(1))

52(1)Section 18 (interpretation: general) is amended as follows.E+W+S+N.I.

(2)In subsection (1) omit the definitions of “producer” and “repair”.

(3)Omit subsection (4).

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I52Sch. 1 para. 52 in force at 1.10.2015 by S.I. 2015/1630, art. 3(g) (with art. 6(1))

Sale and Supply of Goods to Consumers Regulations 2002 (SI 2002/3045)E+W+S+N.I.

53The Sale and Supply of Goods to Consumers Regulations 2002 are revoked.E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I53Sch. 1 para. 53 in force at 1.10.2015 by S.I. 2015/1630, art. 3(g) (with art. 6(1)(3))

Regulatory Enforcement and Sanctions Act 2008 (c. 13)E+W+S+N.I.

54In Schedule 3 to the Regulatory Enforcement and Sanctions Act 2008 (enactments specified for the purposes of Part 1), at the appropriate place insert— “ Consumer Rights Act 2015, Part 1 ”.E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I54Sch. 1 para. 54 in force at 1.10.2015 by S.I. 2015/1630, art. 3(g) (with art. 6(1))

Consequential repeal and revocationE+W+S+N.I.

55In consequence of the amendments made by this Schedule—E+W+S+N.I.

(a)omit paragraph 5(9) of Schedule 2 to the Sale and Supply of Goods Act 1994, and

(b)omit paragraph 97 of Schedule 2 to the Consumer Protection from Unfair Trading Regulations 2008 (SI 2008/1277).

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I55Sch. 1 para. 55 in force at 1.10.2015 by S.I. 2015/1630, art. 3(g) (with art. 6(1))

Section 63

SCHEDULE 2E+W+S+N.I.Consumer contract terms which may be regarded as unfair

PART 1 E+W+S+N.I.List of terms

1A term which has the object or effect of excluding or limiting the trader's liability in the event of the death of or personal injury to the consumer resulting from an act or omission of the trader.E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I56Sch. 2 para. 1 in force at 1.10.2015 by S.I. 2015/1630, art. 3(g) (with art. 6(1))

2A term which has the object or effect of inappropriately excluding or limiting the legal rights of the consumer in relation to the trader or another party in the event of total or partial non-performance or inadequate performance by the trader of any of the contractual obligations, including the option of offsetting a debt owed to the trader against any claim which the consumer may have against the trader.E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I57Sch. 2 para. 2 in force at 1.10.2015 by S.I. 2015/1630, art. 3(g) (with art. 6(1))

3A term which has the object or effect of making an agreement binding on the consumer in a case where the provision of services by the trader is subject to a condition whose realisation depends on the trader's will alone.E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I58Sch. 2 para. 3 in force at 1.10.2015 by S.I. 2015/1630, art. 3(g) (with art. 6(1))

4A term which has the object or effect of permitting the trader to retain sums paid by the consumer where the consumer decides not to conclude or perform the contract, without providing for the consumer to receive compensation of an equivalent amount from the trader where the trader is the party cancelling the contract.E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I59Sch. 2 para. 4 in force at 1.10.2015 by S.I. 2015/1630, art. 3(g) (with art. 6(1))

5A term which has the object or effect of requiring that, where the consumer decides not to conclude or perform the contract, the consumer must pay the trader a disproportionately high sum in compensation or for services which have not been supplied.E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I60Sch. 2 para. 5 in force at 1.10.2015 by S.I. 2015/1630, art. 3(g) (with art. 6(1))

6A term which has the object or effect of requiring a consumer who fails to fulfil his obligations under the contract to pay a disproportionately high sum in compensation.E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I61Sch. 2 para. 6 in force at 1.10.2015 by S.I. 2015/1630, art. 3(g) (with art. 6(1))

7A term which has the object or effect of authorising the trader to dissolve the contract on a discretionary basis where the same facility is not granted to the consumer, or permitting the trader to retain the sums paid for services not yet supplied by the trader where it is the trader who dissolves the contract.E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I62Sch. 2 para. 7 in force at 1.10.2015 by S.I. 2015/1630, art. 3(g) (with art. 6(1))

8A term which has the object or effect of enabling the trader to terminate a contract of indeterminate duration without reasonable notice except where there are serious grounds for doing so.E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I63Sch. 2 para. 8 in force at 1.10.2015 by S.I. 2015/1630, art. 3(g) (with art. 6(1))

9A term which has the object or effect of automatically extending a contract of fixed duration where the consumer does not indicate otherwise, when the deadline fixed for the consumer to express a desire not to extend the contract is unreasonably early.E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I64Sch. 2 para. 9 in force at 1.10.2015 by S.I. 2015/1630, art. 3(g) (with art. 6(1))

10A term which has the object or effect of irrevocably binding the consumer to terms with which the consumer has had no real opportunity of becoming acquainted before the conclusion of the contract.E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I65Sch. 2 para. 10 in force at 1.10.2015 by S.I. 2015/1630, art. 3(g) (with art. 6(1))

11A term which has the object or effect of enabling the trader to alter the terms of the contract unilaterally without a valid reason which is specified in the contract.E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I66Sch. 2 para. 11 in force at 1.10.2015 by S.I. 2015/1630, art. 3(g) (with art. 6(1))

12A term which has the object or effect of permitting the trader to determine the characteristics of the subject matter of the contract after the consumer has become bound by it.E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I67Sch. 2 para. 12 in force at 1.10.2015 by S.I. 2015/1630, art. 3(g) (with art. 6(1))

13A term which has the object or effect of enabling the trader to alter unilaterally without a valid reason any characteristics of the goods, digital content or services to be provided.E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I68Sch. 2 para. 13 in force at 1.10.2015 by S.I. 2015/1630, art. 3(g) (with art. 6(1))

14A term which has the object or effect of giving the trader the discretion to decide the price payable under the contract after the consumer has become bound by it, where no price or method of determining the price is agreed when the consumer becomes bound.E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I69Sch. 2 para. 14 in force at 1.10.2015 by S.I. 2015/1630, art. 3(g) (with art. 6(1))

15A term which has the object or effect of permitting a trader to increase the price of goods, digital content or services without giving the consumer the right to cancel the contract if the final price is too high in relation to the price agreed when the contract was concluded.E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I70Sch. 2 para. 15 in force at 1.10.2015 by S.I. 2015/1630, art. 3(g) (with art. 6(1))

16A term which has the object or effect of giving the trader the right to determine whether the goods, digital content or services supplied are in conformity with the contract, or giving the trader the exclusive right to interpret any term of the contract.E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I71Sch. 2 para. 16 in force at 1.10.2015 by S.I. 2015/1630, art. 3(g) (with art. 6(1))

17A term which has the object or effect of limiting the trader's obligation to respect commitments undertaken by the trader's agents or making the trader's commitments subject to compliance with a particular formality.E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I72Sch. 2 para. 17 in force at 1.10.2015 by S.I. 2015/1630, art. 3(g) (with art. 6(1))

18A term which has the object or effect of obliging the consumer to fulfil all of the consumer's obligations where the trader does not perform the trader's obligations.E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I73Sch. 2 para. 18 in force at 1.10.2015 by S.I. 2015/1630, art. 3(g) (with art. 6(1))

19A term which has the object or effect of allowing the trader to transfer the trader's rights and obligations under the contract, where this may reduce the guarantees for the consumer, without the consumer's agreement.E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I74Sch. 2 para. 19 in force at 1.10.2015 by S.I. 2015/1630, art. 3(g) (with art. 6(1))

20A term which has the object or effect of excluding or hindering the consumer's right to take legal action or exercise any other legal remedy, in particular by—E+W+S+N.I.

(a)requiring the consumer to take disputes exclusively to arbitration not covered by legal provisions,

(b)unduly restricting the evidence available to the consumer, or

(c)imposing on the consumer a burden of proof which, according to the applicable law, should lie with another party to the contract.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I75Sch. 2 para. 20 in force at 1.10.2015 by S.I. 2015/1630, art. 3(g) (with art. 6(1))

PART 2 E+W+S+N.I.Scope of Part 1

Financial servicesE+W+S+N.I.

21Paragraph 8 (cancellation without reasonable notice) does not include a term by which a supplier of financial services reserves the right to terminate unilaterally a contract of indeterminate duration without notice where there is a valid reason, if the supplier is required to inform the consumer of the cancellation immediately.E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I76Sch. 2 para. 21 in force at 1.10.2015 by S.I. 2015/1630, art. 3(g) (with art. 6(1))

22Paragraph 11 (variation of contract without valid reason) does not include a term by which a supplier of financial services reserves the right to alter the rate of interest payable by or due to the consumer, or the amount of other charges for financial services without notice where there is a valid reason, if—E+W+S+N.I.

(a)the supplier is required to inform the consumer of the alteration at the earliest opportunity, and

(b)the consumer is free to dissolve the contract immediately.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I77Sch. 2 para. 22 in force at 1.10.2015 by S.I. 2015/1630, art. 3(g) (with art. 6(1))

Contracts which last indefinitelyE+W+S+N.I.

23Paragraphs 11 (variation of contract without valid reason), 12 (determination of characteristics of goods etc after consumer bound) and 14 (determination of price after consumer bound) do not include a term under which a trader reserves the right to alter unilaterally the conditions of a contract of indeterminate duration if—E+W+S+N.I.

(a)the trader is required to inform the consumer with reasonable notice, and

(b)the consumer is free to dissolve the contract.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I78Sch. 2 para. 23 in force at 1.10.2015 by S.I. 2015/1630, art. 3(g) (with art. 6(1))

Sale of securities, foreign currency etcE+W+S+N.I.

24Paragraphs 8 (cancellation without reasonable notice), 11 (variation of contract without valid reason), 14 (determination of price after consumer bound) and 15 (increase in price) do not apply to—E+W+S+N.I.

(a)transactions in transferable securities, financial instruments and other products or services where the price is linked to fluctuations in a stock exchange quotation or index or a financial market rate that the trader does not control, and

(b)contracts for the purchase or sale of foreign currency, traveller's cheques or international money orders denominated in foreign currency.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I79Sch. 2 para. 24 in force at 1.10.2015 by S.I. 2015/1630, art. 3(g) (with art. 6(1))

Price index clausesE+W+S+N.I.

25Paragraphs 14 (determination of price after consumer bound) and 15 (increase in price) do not include a term which is a price-indexation clause (where otherwise lawful), if the method by which prices vary is explicitly described.E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I80Sch. 2 para. 25 in force at 1.10.2015 by S.I. 2015/1630, art. 3(g) (with art. 6(1))

Section 70

SCHEDULE 3E+W+S+N.I.Enforcement of the law on unfair contract terms and notices

Application of ScheduleE+W+S+N.I.

1This Schedule applies to—E+W+S+N.I.

(a)a term of a consumer contract,

(b)a term proposed for use in a consumer contract,

(c)a term which a third party recommends for use in a consumer contract, or

(d)a consumer notice.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I81Sch. 3 para. 1 in force at 1.10.2015 by S.I. 2015/1630, art. 3(g) (with art. 6(1))

Consideration of complaintsE+W+S+N.I.

2(1)A regulator may consider a complaint about a term or notice to which this Schedule applies (a “relevant complaint”).E+W+S+N.I.

(2)If a regulator other than the CMA intends to consider a relevant complaint, it must notify the CMA that it intends to do so, and must then consider the complaint.

(3)If a regulator considers a relevant complaint, but decides not to make an application under paragraph 3 in relation to the complaint, it must give reasons for its decision to the person who made the complaint.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I82Sch. 3 para. 2 in force at 1.10.2015 by S.I. 2015/1630, art. 3(g) (with art. 6(1))

Application for injunction or interdictE+W+S+N.I.

3(1)A regulator may apply for an injunction or (in Scotland) an interdict against a person if the regulator thinks that—E+W+S+N.I.

(a)the person is using, or proposing or recommending the use of, a term or notice to which this Schedule applies, and

(b)the term or notice falls within any one or more of sub-paragraphs (2), (3) or (5).

(2)A term or notice falls within this sub-paragraph if it purports to exclude or restrict liability of the kind mentioned in—

(a)section 31 (exclusion of liability: goods contracts),

(b)section 47 (exclusion of liability: digital content contracts),

(c)section 57 (exclusion of liability: services contracts), or

(d)section 65(1) (business liability for death or personal injury resulting from negligence).

(3)A term or notice falls within this sub-paragraph if it is unfair to any extent.

(4)A term within paragraph 1(1)(b) or (c) (but not within paragraph 1(1)(a)) is to be treated for the purposes of section 62(4) and (5) (assessment of fairness) as if it were a term of a contract.

(5)A term or notice falls within this sub-paragraph if it breaches section 68 (requirement for transparency).

(6)A regulator may apply for an injunction or interdict under this paragraph in relation to a term or notice whether or not it has received a relevant complaint about the term or notice.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I83Sch. 3 para. 3 in force at 1.10.2015 by S.I. 2015/1630, art. 3(g) (with art. 6(1))

Notification of applicationE+W+S+N.I.

4(1)Before making an application under paragraph 3, a regulator other than the CMA must notify the CMA that it intends to do so.E+W+S+N.I.

(2)The regulator may make the application only if—

(a)the period of 14 days beginning with the day on which the regulator notified the CMA has ended, or

(b)before the end of that period, the CMA agrees to the regulator making the application.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I84Sch. 3 para. 4 in force at 1.10.2015 by S.I. 2015/1630, art. 3(g) (with art. 6(1))

Determination of applicationE+W+S+N.I.

5(1)On an application for an injunction under paragraph 3, the court may grant an injunction on such conditions, and against such of the respondents, as it thinks appropriate.E+W+S+N.I.

(2)On an application for an interdict under paragraph 3, the court may grant an interdict on such conditions, and against such of the defenders, as it thinks appropriate.

(3)The injunction or interdict may include provision about—

(a)a term or notice to which the application relates, or

(b)any term of a consumer contract, or any consumer notice, of a similar kind or with a similar effect.

(4)It is not a defence to an application under paragraph 3 to show that, because of a rule of law, a term to which the application relates is not, or could not be, an enforceable contract term.

(5)If a regulator other than the CMA makes the application, it must notify the CMA of—

(a)the outcome of the application, and

(b)if an injunction or interdict is granted, the conditions on which, and the persons against whom, it is granted.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I85Sch. 3 para. 5 in force at 1.10.2015 by S.I. 2015/1630, art. 3(g) (with art. 6(1))

UndertakingsE+W+S+N.I.

6(1)A regulator may accept an undertaking from a person against whom it has applied, or thinks it is entitled to apply, for an injunction or interdict under paragraph 3.E+W+S+N.I.

(2)The undertaking may provide that the person will comply with the conditions that are agreed between the person and the regulator about the use of terms or notices, or terms or notices of a kind, specified in the undertaking.

(3)If a regulator other than the CMA accepts an undertaking, it must notify the CMA of—

(a)the conditions on which the undertaking is accepted, and

(b)the person who gave it.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I86Sch. 3 para. 6 in force at 1.10.2015 by S.I. 2015/1630, art. 3(g) (with art. 6(1))

Publication, information and adviceE+W+S+N.I.

7(1)The CMA must arrange the publication of details of—E+W+S+N.I.

(a)any application it makes for an injunction or interdict under paragraph 3,

(b)any injunction or interdict under this Schedule, and

(c)any undertaking under this Schedule.

(2)The CMA must respond to a request whether a term or notice, or one of a similar kind or with a similar effect, is or has been the subject of an injunction, interdict or undertaking under this Schedule.

(3)Where the term or notice, or one of a similar kind or with a similar effect, is or has been the subject of an injunction or interdict under this Schedule, the CMA must give the person making the request a copy of the injunction or interdict.

(4)Where the term or notice, or one of a similar kind or with a similar effect, is or has been the subject of an undertaking under this Schedule, the CMA must give the person making the request—

(a)details of the undertaking, and

(b)if the person giving the undertaking has agreed to amend the term or notice, a copy of the amendments.

(5)The CMA may arrange the publication of advice and information about the provisions of this Part.

(6)In this paragraph—

(a)references to an injunction or interdict under this Schedule are to an injunction or interdict granted on an application by the CMA under paragraph 3 or notified to it under paragraph 5, and

(b)references to an undertaking are to an undertaking given to the CMA under paragraph 6 or notified to it under that paragraph.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I87Sch. 3 para. 7 in force at 1.10.2015 by S.I. 2015/1630, art. 3(g) (with art. 6(1))

Meaning of “regulator”E+W+S+N.I.

8(1)In this Schedule “regulator” means—E+W+S+N.I.

(a)the CMA,

(b)the Department of Enterprise, Trade and Investment in Northern Ireland,

(c)a local weights and measures authority in Great Britain,

(d)the Financial Conduct Authority,

(e)the Office of Communications,

(f)the Information Commissioner,

(g)the Gas and Electricity Markets Authority,

(h)the Water Services Regulation Authority,

(i)the Office of Rail Regulation,

(j)the Northern Ireland Authority for Utility Regulation, or

(k)the Consumers' Association.

(2)The Secretary of State may by order made by statutory instrument amend sub-paragraph (1) so as to add, modify or remove an entry.

(3)An order under sub-paragraph (2) may amend sub-paragraph (1) so as to add a body that is not a public authority only if the Secretary of State thinks that the body represents the interests of consumers (or consumers of a particular description).

(4)The Secretary of State must publish (and may from time to time vary) other criteria to be applied by the Secretary of State in deciding whether to add an entry to, or remove an entry from, sub-paragraph (1).

(5)An order under sub-paragraph (2) may make consequential amendments to this Schedule (including with the effect that any of its provisions apply differently, or do not apply, to a body added to sub-paragraph (1)).

(6)An order under sub-paragraph (2) may contain transitional or transitory provision or savings.

(7)No order may be made under sub-paragraph (2) unless a draft of the statutory instrument containing it has been laid before, and approved by a resolution of, each House of Parliament.

(8)In this paragraph “public authority” has the same meaning as in section 6 of the Human Rights Act 1998.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I88Sch. 3 para. 8 in force at 1.10.2015 by S.I. 2015/1630, art. 3(g) (with art. 6(1))

Other definitionsE+W+S+N.I.

9In this Schedule—E+W+S+N.I.

  • the CMA” means the Competition and Markets Authority;

  • injunction” includes an interim injunction;

  • interdict” includes an interim interdict.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I89Sch. 3 para. 9 in force at 1.10.2015 by S.I. 2015/1630, art. 3(g) (with art. 6(1))

The Financial Conduct AuthorityE+W+S+N.I.

10The functions of the Financial Conduct Authority under this Schedule are to be treated as functions of the Authority under the Financial Services and Markets Act 2000.E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I90Sch. 3 para. 10 in force at 1.10.2015 by S.I. 2015/1630, art. 3(g) (with art. 6(1))

Section 75

SCHEDULE 4E+W+S+N.I.Amendments consequential on Part 2

Misrepresentation Act 1967 (c. 7)E+W+S+N.I.

1(1)Section 3 of the Misrepresentation Act 1967 (avoidance of provision excluding liability for misrepresentation) is amended as follows.E+W+S+N.I.

(2)At the beginning insert “ (1) ”.

(3)At the end insert—

(2)This section does not apply to a term in a consumer contract within the meaning of Part 2 of the Consumer Rights Act 2015 (but see the provision made about such contracts in section 62 of that Act).

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I91Sch. 4 para. 1 in force at 1.10.2015 by S.I. 2015/1630, art. 3(g) (with art. 6(1))

Unfair Contract Terms Act 1977 (c. 50)E+W+S+N.I.

2The Unfair Contract Terms Act 1977 is amended as follows.E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I92Sch. 4 para. 2 in force at 1.10.2015 for specified purposes by S.I. 2015/1630, art. 3(g) (with art. 6(1))

I93Sch. 4 para. 2 in force at 1.10.2016 in so far as not already in force by S.I. 2015/1630, art. 4(c) (with art. 6(2)) (as amended by S.I. 2016/484, art. 2)

3In section 1(2) (scope of Part 1) for “to 4” substitute “ , 3 ”.E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I94Sch. 4 para. 3 in force at 1.10.2015 for specified purposes by S.I. 2015/1630, art. 3(g) (with art. 6(1))

I95Sch. 4 para. 3 in force at 1.10.2016 in so far as not already in force by S.I. 2015/1630, art. 4(c) (with art. 6(2)) (as amended by S.I. 2016/484, art. 2)

4In section 2 (negligence liability), after subsection (3) insert—E+W+S+N.I.

(4)This section does not apply to—

(a)a term in a consumer contract, or

(b)a notice to the extent that it is a consumer notice,

(but see the provision made about such contracts and notices in sections 62 and 65 of the Consumer Rights Act 2015).

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I96Sch. 4 para. 4 in force at 1.10.2015 for specified purposes by S.I. 2015/1630, art. 3(g) (with art. 6(1))

I97Sch. 4 para. 4 in force at 1.10.2016 in so far as not already in force by S.I. 2015/1630, art. 4(c) (with art. 6(2)) (as amended by S.I. 2016/484, art. 2)

5(1)Section 3 (liability arising in contract) is amended as follows.E+W+S+N.I.

(2)In subsection (1) omit “as consumer or”.

(3)After subsection (2) insert—

(3)This section does not apply to a term in a consumer contract (but see the provision made about such contracts in section 62 of the Consumer Rights Act 2015).

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I98Sch. 4 para. 5 in force at 1.10.2015 for specified purposes by S.I. 2015/1630, art. 3(g) (with art. 6(1))

I99Sch. 4 para. 5 in force at 1.10.2016 in so far as not already in force by S.I. 2015/1630, art. 4(c) (with art. 6(2)) (as amended by S.I. 2016/484, art. 2)

6Omit section 4 (unreasonable indemnity clauses).E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I100Sch. 4 para. 6 in force at 1.10.2015 for specified purposes by S.I. 2015/1630, art. 3(g) (with art. 6(1))

I101Sch. 4 para. 6 in force at 1.10.2016 in so far as not already in force by S.I. 2015/1630, art. 4(c) (with art. 6(2)) (as amended by S.I. 2016/484, art. 2)

7Omit section 5 (“guarantee” of consumer goods).E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I102Sch. 4 para. 7 in force at 1.10.2015 by S.I. 2015/1630, art. 3(g) (with art. 6(1))

8(1)Section 6 (sale and hire-purchase) is amended as follows.E+W+S+N.I.

(2)After subsection (1) insert—

(1A)Liability for breach of the obligations arising from—

(a)section 13, 14 or 15 of the 1979 Act (seller's implied undertakings as to conformity of goods with description or sample, or as to their quality or fitness for a particular purpose);

(b)section 9, 10 or 11 of the 1973 Act (the corresponding things in relation to hire purchase),

cannot be excluded or restricted by reference to a contract term except in so far as the term satisfies the requirement of reasonableness.

(3)Omit subsections (2) and (3).

(4)After subsection (4) insert—

(5)This section does not apply to a consumer contract (but see the provision made about such contracts in section 31 of the Consumer Rights Act 2015).

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I103Sch. 4 para. 8 in force at 1.10.2015 by S.I. 2015/1630, art. 3(g) (with art. 6(1))

9(1)Section 7 (miscellaneous contracts under which goods pass) is amended as follows.E+W+S+N.I.

(2)After subsection (1) insert—

(1A)Liability in respect of the goods' correspondence with description or sample, or their quality or fitness for any particular purpose, cannot be excluded or restricted by reference to such a term except in so far as the term satisfies the requirement of reasonableness.

(3)Omit subsections (2) and (3).

(4)After subsection (4) insert—

(4A)This section does not apply to a consumer contract (but see the provision made about such contracts in section 31 of the Consumer Rights Act 2015).

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I104Sch. 4 para. 9 in force at 1.10.2015 by S.I. 2015/1630, art. 3(g) (with art. 6(1))

10Omit section 9 (effect of breach of contract).E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I105Sch. 4 para. 10 in force at 1.10.2015 for specified purposes by S.I. 2015/1630, art. 3(g) (with art. 6(1))

I106Sch. 4 para. 10 in force at 1.10.2016 in so far as not already in force by S.I. 2015/1630, art. 4(c) (with art. 6(2)) (as amended by S.I. 2016/484, art. 2)

11Omit section 12 (“dealing as consumer”).E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I107Sch. 4 para. 11 in force at 1.10.2015 for specified purposes by S.I. 2015/1630, art. 3(g) (with art. 6(1))

I108Sch. 4 para. 11 in force at 1.10.2016 in so far as not already in force by S.I. 2015/1630, art. 4(c) (with art. 6(2)) (as amended by S.I. 2016/484, art. 2)

12In section 13(1) (varieties of exemption clauses) for “and 5 to” substitute “ , 6 and ”.E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I109Sch. 4 para. 12 in force at 1.10.2015 for specified purposes by S.I. 2015/1630, art. 3(g) (with art. 6(1))

I110Sch. 4 para. 12 in force at 1.10.2016 in so far as not already in force by S.I. 2015/1630, art. 4(c) (with art. 6(2)) (as amended by S.I. 2016/484, art. 2)

13In section 14 (interpretation of Part 1), at the appropriate places insert—E+W+S+N.I.

consumer contract” has the same meaning as in the Consumer Rights Act 2015 (see section 61);;

consumer notice” has the same meaning as in the Consumer Rights Act 2015 (see section 61);.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I111Sch. 4 para. 13 in force at 1.10.2015 for specified purposes by S.I. 2015/1630, art. 3(g) (with art. 6(1))

I112Sch. 4 para. 13 in force at 1.10.2016 in so far as not already in force by S.I. 2015/1630, art. 4(c) (with art. 6(2)) (as amended by S.I. 2016/484, art. 2)

14(1)Section 15 (scope of Part 2) is amended as follows.E+W+S+N.I.

(2)In subsection (2) for “to 18” substitute “ and 17 ”.

(3)In subsection (3)—

(a)for “to 18” substitute “ and 17 ”, and

(b)in paragraph (b) omit sub-paragraph (ii) and the “or” preceding it.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I113Sch. 4 para. 14 in force at 1.10.2015 for specified purposes by S.I. 2015/1630, art. 3(g) (with art. 6(1))

I114Sch. 4 para. 14 in force at 1.10.2016 in so far as not already in force by S.I. 2015/1630, art. 4(c) (with art. 6(2)) (as amended by S.I. 2016/484, art. 2)

15In section 16 (liability for breach of duty), after subsection (3) insert—E+W+S+N.I.

(4)This section does not apply to—

(a)a term in a consumer contract, or

(b)a notice to the extent that it is a consumer notice,

(but see the provision made about such contracts and notices in sections 62 and 65 of the Consumer Rights Act 2015).

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I115Sch. 4 para. 15 in force at 1.10.2015 for specified purposes by S.I. 2015/1630, art. 3(g) (with art. 6(1))

I116Sch. 4 para. 15 in force at 1.10.2016 in so far as not already in force by S.I. 2015/1630, art. 4(c) (with art. 6(2)) (as amended by S.I. 2016/484, art. 2)

16(1)Section 17 (control of unreasonable exemptions in consumer or standard form contracts) is amended as follows.E+W+S+N.I.

(2)In the heading omit “consumer or”.

(3)In subsection (1)—

(a)omit “a consumer contract or”,

(b)in paragraph (a) omit “consumer or”, and

(c)in paragraph (b) omit “consumer or”.

(4)After subsection (2) insert—

(3)This section does not apply to a term in a consumer contract (but see the provision made about such contracts in section 62 of the Consumer Rights Act 2015).

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I117Sch. 4 para. 16 in force at 1.10.2015 for specified purposes by S.I. 2015/1630, art. 3(g) (with art. 6(1))

I118Sch. 4 para. 16 in force at 1.10.2016 in so far as not already in force by S.I. 2015/1630, art. 4(c) (with art. 6(2)) (as amended by S.I. 2016/484, art. 2)

17Omit section 18 (unreasonable indemnity clauses in consumer contracts).E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I119Sch. 4 para. 17 in force at 1.10.2015 for specified purposes by S.I. 2015/1630, art. 3(g) (with art. 6(1))

I120Sch. 4 para. 17 in force at 1.10.2016 in so far as not already in force by S.I. 2015/1630, art. 4(c) (with art. 6(2)) (as amended by S.I. 2016/484, art. 2)

18Omit section 19 (“guarantee” of consumer goods).E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I121Sch. 4 para. 18 in force at 1.10.2015 by S.I. 2015/1630, art. 3(g) (with art. 6(1))

19(1)Section 20 (obligations implied by law in sale and hire-purchase contracts) is amended as follows.E+W+S+N.I.

(2)After subsection (1) insert—

(1A)Any term of a contract which purports to exclude or restrict liability for breach of the obligations arising from—

(a)section 13, 14 or 15 of the 1979 Act (seller's implied undertakings as to conformity of goods with description or sample, or as to their quality or fitness for a particular purpose);

(b)section 9, 10 or 11 of the 1973 Act (the corresponding things in relation to hire purchase),

shall have effect only if it was fair and reasonable to incorporate the term in the contract.

(1B)This section does not apply to a consumer contract (but see the provision made about such contracts in section 31 of the Consumer Rights Act 2015).

(3)Omit subsection (2).

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I122Sch. 4 para. 19 in force at 1.10.2015 by S.I. 2015/1630, art. 3(g) (with art. 6(1))

20(1)Section 21 (obligations implied by law in other contracts for the supply of goods) is amended as follows.E+W+S+N.I.

(2)In subsection (1), for paragraphs (a) and (b) substitute “ such as is referred to in subsection (3) below shall have no effect if it was not fair and reasonable to incorporate the term in the contract. ”

(3)In subsection (2)(b) omit “unless it is a consumer contract (and then only in favour of the consumer)”.

(4)After subsection (3A) insert—

(3B)This section does not apply to a consumer contract (but see the provision made about such contracts in section 31 of the Consumer Rights Act 2015).

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I123Sch. 4 para. 20 in force at 1.10.2015 by S.I. 2015/1630, art. 3(g) (with art. 6(1))

21Omit section 22 (consequence of breach of contract).E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I124Sch. 4 para. 21 in force at 1.10.2015 for specified purposes by S.I. 2015/1630, art. 3(g) (with art. 6(1))

I125Sch. 4 para. 21 in force at 1.10.2016 in so far as not already in force by S.I. 2015/1630, art. 4(c) (with art. 6(2)) (as amended by S.I. 2016/484, art. 2)

22(1)Section 25 (interpretation of Part 2) is amended as follows.E+W+S+N.I.

(2)In subsection (1)—

(a)omit the definition of “consumer”,

(b)for the definition of “consumer contract” substitute—

consumer contract” has the same meaning as in the Consumer Rights Act 2015 (see section 61);, and

(c)at the appropriate place insert—

consumer notice” has the same meaning as in the Consumer Rights Act 2015 (see section 61);.

(3)Omit subsections (1A) and (1B).

(4)In subsection (5), for “and 16 and 19 to” substitute “ , 16, 20 and ”.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I126Sch. 4 para. 22 in force at 1.10.2015 for specified purposes by S.I. 2015/1630, art. 3(g) (with art. 6(1))

I127Sch. 4 para. 22 in force at 1.10.2016 in so far as not already in force by S.I. 2015/1630, art. 4(c) (with art. 6(2)) (as amended by S.I. 2016/484, art. 2)

23In section 26(2) (international supply contracts) omit “or 4”.E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I128Sch. 4 para. 23 in force at 1.10.2015 for specified purposes by S.I. 2015/1630, art. 3(g) (with art. 6(1))

I129Sch. 4 para. 23 in force at 1.10.2016 in so far as not already in force by S.I. 2015/1630, art. 4(c) (with art. 6(2)) (as amended by S.I. 2016/484, art. 2)

24(1)Section 27 (choice of law clauses) is amended as follows.E+W+S+N.I.

(2)In subsection (2)—

(a)omit “(either or both)”, and

(b)omit paragraph (b) and the “or” preceding it.

(3)Omit subsection (3).

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I130Sch. 4 para. 24 in force at 1.10.2015 for specified purposes by S.I. 2015/1630, art. 3(g) (with art. 6(1))

I131Sch. 4 para. 24 in force at 1.10.2016 in so far as not already in force by S.I. 2015/1630, art. 4(c) (with art. 6(2)) (as amended by S.I. 2016/484, art. 2)

25Omit section 28 (temporary provision for sea carriage of passengers).E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I132Sch. 4 para. 25 in force at 1.10.2015 for specified purposes by S.I. 2015/1630, art. 3(g) (with art. 6(1))

I133Sch. 4 para. 25 in force at 1.10.2016 in so far as not already in force by S.I. 2015/1630, art. 4(c) (with art. 6(2)) (as amended by S.I. 2016/484, art. 2)

26(1)Schedule 1 (scope of sections 2 to 4 and 7) is amended as follows.E+W+S+N.I.

(2)In the heading, for “to 4” substitute “ , 3 ”.

(3)In paragraph 1, for “to 4” substitute “ and 3 ”.

(4)In paragraph 2—

(a)for “to 4” substitute “ , 3 ”, and

(b)omit “except in favour of a person dealing as consumer”.

(5)In paragraph 3—

(a)for “, 3 and 4” substitute “ and 3 ”, and

(b)omit “, except in favour of a person dealing as consumer,”.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I134Sch. 4 para. 26 in force at 1.10.2015 for specified purposes by S.I. 2015/1630, art. 3(g) (with art. 6(1))

I135Sch. 4 para. 26 in force at 1.10.2016 in so far as not already in force by S.I. 2015/1630, art. 4(c) (with art. 6(2)) (as amended by S.I. 2016/484, art. 2)

27In Schedule 2 (“guidelines” for application of reasonableness test), for “6(3), 7(3) and (4),” substitute “ 6(1A), 7(1A) and (4), ”.E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I136Sch. 4 para. 27 in force at 1.10.2015 for specified purposes by S.I. 2015/1630, art. 3(g) (with art. 6(1))

I137Sch. 4 para. 27 in force at 1.10.2016 in so far as not already in force by S.I. 2015/1630, art. 4(c) (with art. 6(2)) (as amended by S.I. 2016/484, art. 2)

Companies Act 1985 (c. 6)E+W+S+N.I.

28(1)Schedule 15D to the Companies Act 1985 (specified descriptions of disclosures for the purposes of section 449) is amended as follows.E+W+S+N.I.

(2)In paragraph 17—

(a)omit paragraph (i), and

(b)after paragraph (l) insert—

(m)Schedule 3 to the Consumer Rights Act 2015.

(3)For paragraph 25 substitute—

25A disclosure for the purposes of enabling or assisting a regulator under Schedule 3 to the Consumer Rights Act 2015 other than the Competition and Markets Authority to exercise its functions under that Schedule.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I138Sch. 4 para. 28 in force at 1.10.2015 by S.I. 2015/1630, art. 3(g) (with art. 6(1))

Merchant Shipping Act 1995 (c. 21)E+W+S+N.I.

29In section 184 of the Merchant Shipping Act 1995 (application of Schedule 6 to carriage within British Islands) omit subsection (2).E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I139Sch. 4 para. 29 in force at 1.10.2015 by S.I. 2015/1630, art. 3(g) (with art. 6(1))

Arbitration Act 1996 (c. 23)E+W+S+N.I.

30The Arbitration Act 1996 is amended as follows.E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I140Sch. 4 para. 30 in force at 1.10.2015 by S.I. 2015/1630, art. 3(g) (with art. 6(1))

31(1)Section 89 (application of unfair terms regulations to consumer arbitration agreements) is amended as follows.E+W+S+N.I.

(2)In subsection (1), for “the Unfair Terms in Consumer Contracts Regulations 1994” substitute “ Part 2 (unfair terms) of the Consumer Rights Act 2015 ”.

(3)For subsection (2) substitute—

(2)In those sections “the Part” means Part 2 (unfair terms) of the Consumer Rights Act 2015.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I141Sch. 4 para. 31 in force at 1.10.2015 by S.I. 2015/1630, art. 3(g) (with art. 6(1))

32For section 90 (regulations apply where consumer is a legal person) substitute—E+W+S+N.I.

90Part applies where consumer is a legal person

The Part applies where the consumer is a legal person as it applies where the consumer is an individual.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I142Sch. 4 para. 32 in force at 1.10.2015 by S.I. 2015/1630, art. 3(g) (with art. 6(1))

33In section 91(1) (arbitration agreement unfair where modest amount sought) for “Regulations” substitute “ Part ”.E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I143Sch. 4 para. 33 in force at 1.10.2015 by S.I. 2015/1630, art. 3(g) (with art. 6(1))

Unfair Terms in Consumer Contracts Regulations 1999 (S.I. 1999/2083)E+W+S+N.I.

34The Unfair Terms in Consumer Contracts Regulations 1999 are revoked.E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I144Sch. 4 para. 34 in force at 1.10.2015 by S.I. 2015/1630, art. 3(g) (with art. 6(1))

Enterprise Act 2002 (c. 40)E+W+S+N.I.

35In Schedule 15 to the Enterprise Act 2002 (enactments for the purposes of which disclosures may be made), at the end insert— “ Schedule 3 to the Consumer Rights Act 2015. ”E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I145Sch. 4 para. 35 in force at 1.10.2015 by S.I. 2015/1630, art. 3(g) (with art. 6(1))

Companies Act 2006 (c. 46)E+W+S+N.I.

36The Companies Act 2006 is amended as follows.E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I146Sch. 4 para. 36 in force at 1.10.2015 by S.I. 2015/1630, art. 3(g) (with art. 6(1))

37(1)Section (A) of Part 2 of Schedule 2 (specified descriptions of disclosures for the purposes of section 948) is amended as follows.E+W+S+N.I.

(2)In paragraph 25—

(a)omit paragraph (h), and

(b)after paragraph (j) insert—

(k)Schedule 3 to the Consumer Rights Act 2015.

(3)For paragraph 33 substitute—

33A disclosure for the purposes of enabling or assisting a regulator under Schedule 3 to the Consumer Rights Act 2015 other than the Competition and Markets Authority to exercise its functions under that Schedule.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I147Sch. 4 para. 37 in force at 1.10.2015 by S.I. 2015/1630, art. 3(g) (with art. 6(1))

38(1)Part 2 of Schedule 11A (specified descriptions of disclosures for the purposes of section 1224A) is amended as follows.E+W+S+N.I.

(2)In paragraph 39, for paragraph (i) insert—

(i)Schedule 3 to the Consumer Rights Act 2015.

(3)For paragraph 48 substitute—

48A disclosure for the purposes of enabling or assisting a regulator under Schedule 3 to the Consumer Rights Act 2015 other than the Competition and Markets Authority to exercise its functions under that Schedule.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I148Sch. 4 para. 38 in force at 1.10.2015 by S.I. 2015/1630, art. 3(g) (with art. 6(1))

Consequential repealsE+W+S+N.I.

39In consequence of the amendments made by this Schedule—E+W+S+N.I.

(a)omit paragraph 19(b) of Schedule 2 to the Sale of Goods Act 1979, and

(b)in paragraph 21 of that Schedule, omit “and (2)(a)” and “(in each case)”.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I149Sch. 4 para. 39 in force at 1.10.2015 by S.I. 2015/1630, art. 3(g) (with art. 6(1))

Section 77

SCHEDULE 5E+W+S+N.I.Investigatory powers etc.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

PART 1 E+W+S+N.I.Basic concepts

OverviewE+W+S+N.I.

1(1)This Schedule confers investigatory powers on enforcers and specifies the purposes for which and the circumstances in which those powers may be exercised.E+W+S+N.I.

(2)Part 1 of this Schedule contains interpretation provisions; in particular paragraphs 2 to 6 explain what is meant by an “enforcer”.

(3)Part 2 of this Schedule explains what is meant by “the enforcer's legislation”.

(4)Part 3 of this Schedule contains powers in relation to the production of information; paragraph 13 sets out which enforcers may exercise those powers, and the purposes for which they may do so.

(5)Part 4 of this Schedule contains further powers; paragraphs 19 and 20 set out which enforcers may exercise those powers, and the purposes for which they may do so.

(6)Part 5 of this Schedule contains provisions that are supplementary to the powers in Parts 3 and 4 of this Schedule.

(7)Part 6 of this Schedule makes provision about the exercise of functions by certain enforcers outside their area or district and the bringing of proceedings in relation to conduct outside an enforcer's area or district.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I150Sch. 5 para. 1 in force at 27.5.2015 for specified purposes for E. by S.I. 2015/965, art. 2(b)

I151Sch. 5 para. 1 in force at 27.5.2015 for specified purposes by S.I. 2015/1333, art. 2(a)

I152Sch. 5 para. 1 in force at 1.10.2015 in so far as not already in force by S.I. 2015/1630, art. 3(h) (with art. 8)

EnforcersE+W+S+N.I.

2(1)In this Schedule “enforcer” means—E+W+S+N.I.

(a)a domestic enforcer,

(b)an EU enforcer,

(c)a public designated enforcer, or

(d)an unfair contract terms enforcer.

(2)But in Part 4 and paragraphs 38 and 41 of this Schedule “enforcer” means—

(a)a domestic enforcer, or

(b)an EU enforcer.

(3)In paragraphs 13, 19 and 20 of this Schedule, a reference to an enforcer exercising a power includes a reference to an officer of the enforcer exercising that power.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I153Sch. 5 para. 2 in force at 27.5.2015 for specified purposes by S.I. 2015/1333, art. 2(a)

I154Sch. 5 para. 2 in force at 27.5.2015 for specified purposes for E. by S.I. 2015/965, art. 2(b)

I155Sch. 5 para. 2 in force at 1.10.2015 in so far as not already in force by S.I. 2015/1630, art. 3(h) (with art. 8)

Domestic enforcersE+W+S+N.I.

3(1)In this Schedule “domestic enforcer” means—E+W+S+N.I.

(a)the Competition and Markets Authority,

(b)a local weights and measures authority in Great Britain,

(c)a district council in England,

(d)the Department of Enterprise, Trade and Investment in Northern Ireland,

(e)a district council in Northern Ireland,

(f)the Secretary of State,

(g)the Gas and Electricity Markets Authority,

[F1(ga)the Department for Infrastructure in Northern Ireland;

(gb)the Utility Regulator in Northern Ireland.]

(h)the British Hallmarking Council,

(i)an assay office within the meaning of the Hallmarking Act 1973, or

(j)any other person to whom the duty in subsection (1) of section 27 of the Consumer Protection Act 1987 (duty to enforce safety provisions) applies by virtue of regulations under subsection (2) of that section.

(2)But the Gas and Electricity Markets Authority is not a domestic enforcer for the purposes of Part 4 of this Schedule.

(3)The reference to the Department of Enterprise, Trade and Investment in Northern Ireland includes a person with whom the Department has made arrangements, under [F2regulation 61(1) and (2) of the Lifts Regulations 2016 (SI 2016/1093)] for enforcement of those regulations.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F2Words in Sch. 5 para. 3(3) substituted (8.12.2016) by The Lifts Regulations 2016 (S.I. 2016/1093), regs. 1, 83(12)(a) (with regs. 3-5, 83(3))

Commencement Information

I156Sch. 5 para. 3 in force at 27.5.2015 for specified purposes for E. by S.I. 2015/965, art. 2(b)

I157Sch. 5 para. 3 in force at 27.5.2015 for specified purposes by S.I. 2015/1333, art. 2(a)

I158Sch. 5 para. 3 in force at 1.10.2015 in so far as not already in force by S.I. 2015/1630, art. 3(h) (with art. 8)

EU enforcersE+W+S+N.I.

4In this Schedule “EU enforcer” means—E+W+S+N.I.

(a)the Competition and Markets Authority,

(b)a local weights and measures authority in Great Britain,

(c)the Department of Enterprise, Trade and Investment in Northern Ireland,

(d)the Financial Conduct Authority,

(e)the Civil Aviation Authority,

(f)the Secretary of State,

(g)the Department of Health, Social Services and Public Safety in Northern Ireland,

(h)the Office of Communications,

(i)an enforcement authority within the meaning of section 120(15) of the Communications Act 2003 (regulation of premium rate services), or

(j)the Information Commissioner.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I159Sch. 5 para. 4 in force at 27.5.2015 for specified purposes by S.I. 2015/1333, art. 2(a)

I160Sch. 5 para. 4 in force at 27.5.2015 for specified purposes for E. by S.I. 2015/965, art. 2(b)

I161Sch. 5 para. 4 in force at 1.10.2015 in so far as not already in force by S.I. 2015/1630, art. 3(h) (with art. 8)

Public designated enforcersE+W+S+N.I.

5In this Schedule “public designated enforcer” means a person or body which—E+W+S+N.I.

(a)is designated by order under subsection (2) of section 213 of the Enterprise Act 2002, and

(b)has been designated by virtue of subsection (3) of that section (which provides that the Secretary of State may designate a public body only if satisfied that it is independent).

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I162Sch. 5 para. 5 in force at 27.5.2015 for specified purposes by S.I. 2015/1333, art. 2(a)

I163Sch. 5 para. 5 in force at 27.5.2015 for specified purposes for E. by S.I. 2015/965, art. 2(b)

I164Sch. 5 para. 5 in force at 1.10.2015 in so far as not already in force by S.I. 2015/1630, art. 3(h) (with art. 8)

Unfair contract terms enforcerE+W+S+N.I.

6In this Schedule “unfair contract terms enforcer” means a person or body which—E+W+S+N.I.

(a)is for the time being listed in paragraph 8(1) of Schedule 3 (persons or bodies that may enforce provisions about unfair contract terms), and

(b)is a public authority within the meaning of section 6 of the Human Rights Act 1998.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I165Sch. 5 para. 6 in force at 27.5.2015 for specified purposes by S.I. 2015/1333, art. 2(a)

I166Sch. 5 para. 6 in force at 27.5.2015 for specified purposes for E. by S.I. 2015/965, art. 2(b)

I167Sch. 5 para. 6 in force at 1.10.2015 in so far as not already in force by S.I. 2015/1630, art. 3(h) (with art. 8)

OfficersE+W+S+N.I.

7(1)In this Schedule “officer”, in relation to an enforcer, means—E+W+S+N.I.

(a)an inspector appointed by the enforcer to exercise powers under this Schedule, or authorised to do so,

(b)an officer of the enforcer appointed by the enforcer to exercise powers under this Schedule, or authorised to do so,

(c)an employee of the enforcer (other than an inspector or officer) appointed by the enforcer to exercise powers under this Schedule, or authorised to do so, or

(d)a person (other than an inspector, officer or employee of the enforcer) authorised by the enforcer to exercise powers under this Schedule.

(2)But references in this Schedule to an officer in relation to a particular power only cover a person within sub-paragraph (1) if and to the extent that the person has been appointed or authorised to exercise that power.

(3)A person who, immediately before the coming into force of this Schedule, was appointed or authorised to exercise a power replaced by a power in this Schedule is to be treated as having been appointed or authorised to exercise the new power.

(4)In this paragraph “employee”, in relation to the Secretary of State, means a person employed in the civil service of the State.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I168Sch. 5 para. 7 in force at 27.5.2015 for specified purposes by S.I. 2015/1333, art. 2(a)

I169Sch. 5 para. 7 in force at 27.5.2015 for specified purposes for E. by S.I. 2015/965, art. 2(b)

I170Sch. 5 para. 7 in force at 1.10.2015 in so far as not already in force by S.I. 2015/1630, art. 3(h) (with art. 8)

Interpretation of other termsE+W+S+N.I.

8In this Schedule—E+W+S+N.I.

  • Community infringement” has the same meaning as in section 212 of the Enterprise Act 2002;

  • document” includes information recorded in any form;

  • enforcement order” means an order under section 217 of the Enterprise Act 2002;

  • interim enforcement order” means an order under section 218 of that Act;

  • the Regulation on Accreditation and Market Surveillance” means Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I171Sch. 5 para. 8 in force at 27.5.2015 for specified purposes by S.I. 2015/1333, art. 2(a)

I172Sch. 5 para. 8 in force at 27.5.2015 for specified purposes for E. by S.I. 2015/965, art. 2(b)

I173Sch. 5 para. 8 in force at 1.10.2015 in so far as not already in force by S.I. 2015/1630, art. 3(h) (with art. 8)

PART 2 E+W+S+N.I.The enforcer's legislation

Enforcer's legislationE+W+S+N.I.

9(1)In this Schedule “the enforcer's legislation”, in relation to a domestic enforcer, means—E+W+S+N.I.

(a)legislation or notices which, by virtue of a provision listed in paragraph 10, the domestic enforcer has a duty or power to enforce, and

(b)where the domestic enforcer is listed in an entry in the first column of the table in paragraph 11, the legislation listed in the corresponding entry in the second column of that table.

(2)References in this Schedule to a breach of or compliance with the enforcer's legislation include a breach of or compliance with a notice issued under—

(a)the enforcer's legislation, or

(b)legislation under which the enforcer's legislation is made.

(3)References in this Schedule to a breach of or compliance with the enforcer's legislation are to be read, in relation to the [F3Lifts Regulations 2016 (SI 2016/1093)] , as references to a breach of or compliance with the Regulations as they apply to [F4lifts for private use and consumption and safety components for such lifts] .

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Commencement Information

I174Sch. 5 para. 9 in force at 27.5.2015 for specified purposes for E. by S.I. 2015/965, art. 2(b)

I175Sch. 5 para. 9 in force at 27.5.2015 for specified purposes by S.I. 2015/1333, art. 2(a)

I176Sch. 5 para. 9 in force at 1.10.2015 in so far as not already in force by S.I. 2015/1630, art. 3(h) (with art. 8)

Enforcer's legislation: duties and powers mentioned in paragraph 9(1)(a)E+W+S+N.I.

10The duties and powers mentioned in paragraph 9(1)(a) are those arising under any of the following provisions—E+W+S+N.I.

  • section 26(1) or 40(1)(b) of the Trade Descriptions Act 1968 (including as applied by regulation 8(3) of the Crystal Glass (Descriptions) Regulations 1973 (SI 1973/1952) and regulation 10(2) of the Footwear (Indication of Composition) Labelling Regulations 1995 (SI 1995/2489));

  • section 9(1) or (6) of the Hallmarking Act 1973;

  • paragraph 6 of the Schedule to the Prices Act 1974 (including as read with paragraph 14(1) of that Schedule);

  • section 161(1) of the Consumer Credit Act 1974;

  • section 26(1) of the Estate Agents Act 1979;

  • Article 39 of the Weights and Measures (Northern Ireland) Order 1981 (SI 1981/231 (NI 10));

  • section 16A(1) or (4) of the Video Recordings Act 1984;

  • section 27(1) of the Consumer Protection Act 1987 (including as applied by section 12(1) of the Fireworks Act 2003 to fireworks regulations under that Act [F5and by regulation 18 of the Standardised Packaging of Tobacco Products Regulations 2015 (S.I. 2015/829) to those Regulations]);

  • section 215(1) of the Education Reform Act 1988;

  • section 107A(1) or (3) or 198A(1) or (3) of the Copyright, Designs and Patents Act 1988;

  • F6...

  • paragraph 1 of Schedule 3 to the Package Travel, Package Holidays and Package Tours Regulations 1992 (SI 1992/3288);

  • section 30(4) or (7) or 31(4)(a) of the Clean Air Act 1993;

  • paragraph 1 of Schedule 2 to the Sunday Trading Act 1994;

  • section 93(1) or (3) of the Trade Marks Act 1994;

  • section 8A(1) or (3) of the Olympic Symbol etc (Protection) Act 1995;

  • F7...

  • F8...

  • regulation 5C(5) of the Motor Fuel (Composition and Content) Regulations 1999 (SI 1999/3107);

  • paragraph 1(1)(b) or (2)(b) or 2 of Schedule 9 to the Radio Equipment and Telecommunications Terminal Equipment Regulations 2000 (SI 2000/730);

  • paragraph 1(a) of Schedule 10 to the Personal Protective Equipment Regulations 2002 (SI 2002/1144);

  • F9...

  • section 3(1) of the Christmas Day Trading Act 2004;

  • regulation 10(1) of the General Product Safety Regulations 2005 (SI 2005/1803);

  • regulation 10(1) of the Weights and Measures (Packaged Goods) Regulations 2006 (SI 2006/659);

  • F10...

  • F11...

  • F12...

  • F13...

  • F14...

  • F15...

  • F16...

  • F17...

  • F18...

  • F19...

  • regulation 37(1)(a)(ii) or (b)(ii) of the Electromagnetic Compatibility Regulations 2006 (SI 2006/3418);

  • regulation 13(1) or (1A) of the Business Protection from Misleading Marketing Regulations 2008 (SI 2008/1276);

  • regulation 19(1) or (1A) of the Consumer Protection from Unfair Trading Regulations 2008 (SI 2008/1277);

  • paragraph 2 or 5 of Schedule 5 to the Supply of Machinery (Safety) Regulations 2008 (SI 2008/1597);

  • [F20section A11(7)(a) of the Apprenticeships, Skills, Children and Learning Act 2009;]

  • regulation 32(2) or (3) of the Timeshare, Holiday Products, Resale and Exchange Contracts Regulations 2010 (SI 2010/2960);

  • regulation 10(1) of the Weights and Measures (Packaged Goods) Regulations (Northern Ireland) 2011 (SR 2011/331);

  • regulation 11 of the Textile Products (Labelling and Fibre Composition) Regulations 2012 (SI 2012/1102);

  • regulation 6(1) of the Cosmetic Products Enforcement Regulations 2013 (SI 2013/1478);

  • section 87(1) of this Act;

  • section 93(1) or (2) of this Act;

  • [F21regulation 7(1) of the Packaging (Essential Requirements) Regulations 2015].

  • [F22regulation 53 of the Tobacco and Related Products Regulations 2016 (S.I. 2016/507).]

  • [F23regulation 55(1) or (2) of the Simple Pressure Vessels (Safety) Regulations 2016 (SI 2016/1092);]

  • [F24regulation 61(1) or (2) of the Lifts Regulations 2016 (SI 2016/1093);]

  • [F25regulation 41(1) or (2) of the Electrical Equipment (Safety) Regulations 2016 (SI 2016/1101);]

  • [F26regulation 67(1) or (2) of the Pressure Equipment (Safety) Regulations 2016 (S.I. 2016/1105);]

  • [F27regulation 62 of the Non-automatic Weighing Instruments Regulations 2016 (S.I. 2016/1152)]

[F28regulation 66(1) or (2) of the Recreational Craft Regulations 2017 (S.I. 2017/737);]

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F6Words in Sch. 5 para. 10 omitted (8.12.2016) by virtue of The Simple Pressure Vessels (Safety) Regulations 2016 (S.I. 2016/1092), regs. 1, 78(7)(a) (with regs. 3, 77(3))

F7Words in Sch. 5 para. 10 omitted (8.12.2016) by virtue of The Lifts Regulations 2016 (S.I. 2016/1093), regs. 1, 83(12)(c)(i) (with regs. 3-5, 83(3))

F8Words in Sch. 5 para. 10 omitted (8.12.2016) by virtue of The Pressure Equipment (Safety) Regulations 2016 (S.I. 2016/1105), reg. 1, Sch. 12 para. 12(a) (with regs. 88, 90(3))

F9Words in Sch. 5 para. 10 omitted (1.10.2015) by virtue of The Packaging (Essential Requirements) Regulations 2015 (S.I. 2015/1640), regs. 1, 15(2) (with reg. 3(5))

F10Words in Sch. 5 para. 10 omitted (28.12.2016) by virtue of The Measuring Instruments Regulations 2016 (S.I. 2016/1153), reg. 1(2), Sch. 3 para. 3(3)(a) (with regs. 3(4), 5, 67(5))

F11Words in Sch. 5 para. 10 omitted (28.12.2016) by virtue of The Measuring Instruments Regulations 2016 (S.I. 2016/1153), reg. 1(2), Sch. 3 para. 3(3)(b) (with regs. 3(4), 5, 67(5))

F12Words in Sch. 5 para. 10 omitted (28.12.2016) by virtue of The Measuring Instruments Regulations 2016 (S.I. 2016/1153), reg. 1(2), Sch. 3 para. 3(3)(c) (with regs. 3(4), 5, 67(5))

F13Words in Sch. 5 para. 10 omitted (28.12.2016) by virtue of The Measuring Instruments Regulations 2016 (S.I. 2016/1153), reg. 1(2), Sch. 3 para. 3(3)(d) (with regs. 3(4), 5, 67(5))

F14Words in Sch. 5 para. 10 omitted (28.12.2016) by virtue of The Measuring Instruments Regulations 2016 (S.I. 2016/1153), reg. 1(2), Sch. 3 para. 3(3)(e) (with regs. 3(4), 5, 67(5))

F15Words in Sch. 5 para. 10 omitted (28.12.2016) by virtue of The Measuring Instruments Regulations 2016 (S.I. 2016/1153), reg. 1(2), Sch. 3 para. 3(3)(f) (with regs. 3(4), 5, 67(5))

F16Words in Sch. 5 para. 10 omitted (28.12.2016) by virtue of The Measuring Instruments Regulations 2016 (S.I. 2016/1153), reg. 1(2), Sch. 3 para. 3(3)(g) (with regs. 3(4), 5, 67(5))

F17Words in Sch. 5 para. 10 omitted (28.12.2016) by virtue of The Measuring Instruments Regulations 2016 (S.I. 2016/1153), reg. 1(2), Sch. 3 para. 3(3)(h) (with regs. 3(4), 5, 67(5))

F18Words in Sch. 5 para. 10 omitted (28.12.2016) by virtue of The Measuring Instruments Regulations 2016 (S.I. 2016/1153), reg. 1(2), Sch. 3 para. 3(3)(i) (with regs. 3(4), 5, 67(5))

F19Words in Sch. 5 para. 10 omitted (28.12.2016) by virtue of The Measuring Instruments Regulations 2016 (S.I. 2016/1153), reg. 1(2), Sch. 3 para. 3(3)(j) (with regs. 3(4), 5, 67(5))

F20Words in Sch. 5 para. 10 inserted (1.4.2017) by Enterprise Act 2016 (c. 12), ss. 25(2), 44(5); S.I. 2017/346, reg. 2(c)

F24Words in Sch. 5 para. 10 inserted (8.12.2016) by The Lifts Regulations 2016 (S.I. 2016/1093), regs. 1, 83(12)(c)(ii) (with regs. 3-5, 83(3))

Commencement Information

I177Sch. 5 para. 10 in force at 27.5.2015 for specified purposes by S.I. 2015/1333, art. 2(a)

I178Sch. 5 para. 10 in force at 27.5.2015 for specified purposes for E. by S.I. 2015/965, art. 2(b)

I179Sch. 5 para. 10 in force at 1.10.2015 in so far as not already in force by S.I. 2015/1630, art. 3(h) (with art. 8)

Enforcer's legislation: legislation mentioned in paragraph 9(1)(b)E+W+S+N.I.

11Here is the table mentioned in paragraph 9(1)(b)—E+W+S+N.I.

EnforcerLegislation
A local weights and measures authority in Great Britain or the Department of Enterprise, Trade and Investment in Northern IrelandSection 35ZA of the Registered Designs Act 1949
A local weights and measures authority in Great Britain or the Department of Enterprise, Trade and Investment in Northern IrelandThe Measuring Container Bottles (EEC Requirements) Regulations 1977 (SI 1977/932)
The Secretary of StateThe Alcoholometers and Alcohol Hydrometers (EEC Requirements) Regulations 1977 (SI 1977/1753)
A local weights and measures authority in Great BritainThe Weights and Measures Act 1985 and regulations and orders made under that Act
A local weights and measures authority in Great Britain or the Department of Enterprise, Trade and Investment in Northern IrelandThe Measuring Instruments (EEC Requirements) Regulations 1988 (SI 1988/186)
A local weights and measures authority in Great Britain or the Department of Enterprise, Trade and Investment in Northern IrelandThe Financial Services and Markets Act 2000 so far as it relates to a relevant regulated activity within the meaning of section 107(4)(a) of the Financial Services Act 2012
F29. . .F29. . .
[F30A London borough council] [F30Section 75 of the London Local Authorities Act 2007]
Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F29Words in Sch. 5 para. 11 omitted (28.12.2016) by virtue of The Non-automatic Weighing Instruments Regulations 2016 (S.I. 2016/1152), regs. 1(2), 4(9)

Commencement Information

I180Sch. 5 para. 11 in force at 27.5.2015 for specified purposes by S.I. 2015/1333, art. 2(a)

I181Sch. 5 para. 11 in force at 27.5.2015 for specified purposes for E. by S.I. 2015/965, art. 2(b)

I182Sch. 5 para. 11 in force at 1.10.2015 in so far as not already in force by S.I. 2015/1630, art. 3(h) (with art. 8)

Powers to amend paragraph 10 or 11E+W+S+N.I.

12(1)The Secretary of State may by order made by statutory instrument—E+W+S+N.I.

(a)amend paragraph 10 or the table in paragraph 11 by adding, modifying or removing any entry in it;

(b)in consequence of provision made under paragraph (a), amend, repeal or revoke any other legislation (including this Act) whenever passed or made.

(2)The Secretary of State may not make an order under this paragraph that has the effect that a power of entry, or an associated power, contained in legislation other than this Act is replaced by a power of entry, or an associated power, contained in this Schedule unless the Secretary of State thinks that the condition in sub-paragraph (3) is met.

(3)That condition is that, on and after the changes made by the order, the safeguards applicable to the new power, taken together, provide a greater level of protection than any safeguards applicable to the old power.

(4)In sub-paragraph (2) “power of entry” and “associated power” have the meanings given by section 46 of the Protection of Freedoms Act 2012.

(5)An order under this paragraph may contain transitional or transitory provision or savings.

(6)A statutory instrument containing an order under this paragraph that amends or repeals primary legislation may not be made unless a draft of the instrument containing the order has been laid before, and approved by a resolution of, each House of Parliament.

(7)Any other statutory instrument containing an order under this paragraph is subject to annulment in pursuance of a resolution of either House of Parliament.

(8)In this paragraph “primary legislation” means—

(a)an Act of Parliament,

(b)an Act of the Scottish Parliament,

(c)an Act or Measure of the National Assembly for Wales, or

(d)Northern Ireland legislation.

PART 3 E+W+S+N.I.Powers in relation to the production of information

Exercise of powers in this PartE+W+S+N.I.

13(1)An enforcer of a kind mentioned in this paragraph may exercise a power in this Part of this Schedule only for the purposes and in the circumstances mentioned in this paragraph in relation to that kind of enforcer.E+W+S+N.I.

(2)The Competition and Markets Authority may exercise the powers in this Part of this Schedule for any of the following purposes—

(a)to enable the Authority to exercise or to consider whether to exercise any function it has under Part 8 of the Enterprise Act 2002;

(b)to enable a private designated enforcer to consider whether to exercise any function it has under that Part;

(c)to enable a Community enforcer to consider whether to exercise any function it has under that Part;

(d)to ascertain whether a person has complied with or is complying with an enforcement order or an interim enforcement order;

(e)to ascertain whether a person has complied with or is complying with an undertaking given under section 217(9), 218(10) or 219 of the Enterprise Act 2002.

(3)A public designated enforcer, a local weights and measures authority in Great Britain, the Department of Enterprise, Trade and Investment in Northern Ireland or an EU enforcer other than the Competition and Markets Authority may exercise the powers in this Part of this Schedule for any of the following purposes—

(a)to enable that enforcer to exercise or to consider whether to exercise any function it has under Part 8 of the Enterprise Act 2002;

(b)to ascertain whether a person has complied with or is complying with an enforcement order or an interim enforcement order made on the application of that enforcer;

(c)to ascertain whether a person has complied with or is complying with an undertaking given under section 217(9) or 218(10) of the Enterprise Act 2002 following such an application;

(d)to ascertain whether a person has complied with or is complying with an undertaking given to that enforcer under section 219 of that Act.

(4)A domestic enforcer may exercise the powers in this Part of this Schedule for the purpose of ascertaining whether there has been a breach of the enforcer's legislation.

(5)But a domestic enforcer may not exercise the power in paragraph 14 (power to require the production of information) for the purpose in sub-paragraph (4) unless an officer of the enforcer reasonably suspects a breach of the enforcer's legislation.

(6)Sub-paragraph (5) does not apply if the enforcer is a market surveillance authority within the meaning of Article 2(18) of the Regulation on Accreditation and Market Surveillance and the power is exercised for the purpose of market surveillance within the meaning of Article 2(17) of that Regulation.

(7)An unfair contract terms enforcer may exercise the powers in this Part of this Schedule for either of the following purposes—

(a)to enable the enforcer to exercise or to consider whether to exercise any function it has under Schedule 3 (enforcement of the law on unfair contract terms and notices);

(b)to ascertain whether a person has complied with or is complying with an injunction or interdict (within the meaning of that Schedule) granted under paragraph 5 of that Schedule or an undertaking given under paragraph 6 of that Schedule.

(8)But an unfair contract terms enforcer may not exercise the power in paragraph 14 for a purpose mentioned in sub-paragraph (7)(a) unless an officer of the enforcer reasonably suspects that a person is using, or proposing or recommending the use of, a contractual term or notice within paragraph 3 of Schedule 3.

(9)A local weights and measures authority in Great Britain [F31, the Department of Enterprise, Trade and Investment in Northern Ireland or the Secretary of State] may exercise the powers in this Part of this Schedule for either of the following purposes—

(a)to enable it to determine whether to make an order under section 3 or 4 of the Estate Agents Act 1979;

(b)to enable it to exercise any of its functions under section 5, 6, 8, 13 or 17 of that Act.

(10)In this paragraph—

  • Community enforcer” has the same meaning as in the Enterprise Act 2002 (see section 213(5) of that Act);

  • private designated enforcer” means a person or body which—

    (a)

    is designated by order under subsection (2) of section 213 of that Act, and

    (b)

    has been designated by virtue of subsection (4) of that section (which provides that the Secretary of State may designate a person or body which is not a public body only if it satisfies criteria specified by order).

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F31Words in Sch. 5 para. 13(9) inserted (1.10.2016) by Housing and Planning Act 2016 (c. 22), ss. 132(4), 216(3); S.I. 2016/733, reg. 4(1)(a)

Commencement Information

I183Sch. 5 para. 13 in force at 27.5.2015 for specified purposes by S.I. 2015/1333, art. 2(a)

I184Sch. 5 para. 13 in force at 27.5.2015 for specified purposes for E. by S.I. 2015/965, art. 2(b)

I185Sch. 5 para. 13 in force at 1.10.2015 in so far as not already in force by S.I. 2015/1630, art. 3(h) (with art. 8)

Power to require the production of informationE+W+S+N.I.

14An enforcer or an officer of an enforcer may give notice to a person requiring the person to provide the enforcer with the information specified in the notice.E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I186Sch. 5 para. 14 in force at 27.5.2015 for specified purposes for E. by S.I. 2015/965, art. 2(b)

I187Sch. 5 para. 14 in force at 27.5.2015 for specified purposes by S.I. 2015/1333, art. 2(a)

I188Sch. 5 para. 14 in force at 1.10.2015 in so far as not already in force by S.I. 2015/1630, art. 3(h) (with art. 8)

Procedure for notice under paragraph 14E+W+S+N.I.

15(1)A notice under paragraph 14 must be in writing and specify the purpose for which the information is required.E+W+S+N.I.

(2)If the purpose is to enable a person to exercise or to consider whether to exercise a function, the notice must specify the function concerned.

(3)The notice may specify—

(a)the time within which and the manner in which the person to whom it is given must comply with it;

(b)the form in which information must be provided.

(4)The notice may require—

(a)the creation of documents, or documents of a description, specified in the notice, and

(b)the provision of those documents to the enforcer or an officer of the enforcer.

(5)A requirement to provide information or create a document is a requirement to do so in a legible form.

(6)A notice under paragraph 14 does not require a person to provide any information or create any documents which the person would be entitled to refuse to provide or produce—

(a)in proceedings in the High Court on the grounds of legal professional privilege, or

(b)in proceedings in the Court of Session on the grounds of confidentiality of communications.

(7)In sub-paragraph (6) “communications” means—

(a)communications between a professional legal adviser and the adviser's client, or

(b)communications made in connection with or in contemplation of legal proceedings or for the purposes of those proceedings.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I189Sch. 5 para. 15 in force at 27.5.2015 for specified purposes for E. by S.I. 2015/965, art. 2(b)

I190Sch. 5 para. 15 in force at 27.5.2015 for specified purposes by S.I. 2015/1333, art. 2(a)

I191Sch. 5 para. 15 in force at 1.10.2015 in so far as not already in force by S.I. 2015/1630, art. 3(h) (with art. 8)

Enforcement of notice under paragraph 14E+W+S+N.I.

16(1)If a person fails to comply with a notice under paragraph 14, the enforcer or an officer of the enforcer may make an application under this paragraph to the court.E+W+S+N.I.

(2)If it appears to the court that the person has failed to comply with the notice, it may make an order under this paragraph.

(3)An order under this paragraph is an order requiring the person to do anything that the court thinks it is reasonable for the person to do, for any of the purposes for which the notice was given, to ensure that the notice is complied with.

(4)An order under this paragraph may require the person to meet the costs or expenses of the application.

(5)If the person is a company, partnership or unincorporated association, the court in acting under sub-paragraph (4) may require an official who is responsible for the failure to meet the costs or expenses.

(6)In this paragraph—

  • the court” means—

    (a)

    the High Court,

    (b)

    in relation to England and Wales, the county court,

    (c)

    in relation to Northern Ireland, a county court,

    (d)

    the Court of Session, or

    (e)

    the sheriff;

  • official” means—

    (a)

    in the case of a company, a director, manager, secretary or other similar officer,

    (b)

    in the case of a limited liability partnership, a member,

    (c)

    in the case of a partnership other than a limited liability partnership, a partner, and

    (d)

    in the case of an unincorporated association, a person who is concerned in the management or control of its affairs.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I192Sch. 5 para. 16 in force at 27.5.2015 for specified purposes by S.I. 2015/1333, art. 2(a)

I193Sch. 5 para. 16 in force at 27.5.2015 for specified purposes for E. by S.I. 2015/965, art. 2(b)

I194Sch. 5 para. 16 in force at 1.10.2015 in so far as not already in force by S.I. 2015/1630, art. 3(h) (with art. 8)

Limitations on use of information provided in response to a notice under paragraph 14E+W+S+N.I.

17(1)This paragraph applies if a person provides information in response to a notice under paragraph 14.E+W+S+N.I.

(2)This includes information contained in a document created by a person in response to such a notice.

(3)In any criminal proceedings against the person—

(a)no evidence relating to the information may be adduced by or on behalf of the prosecution, and

(b)no question relating to the information may be asked by or on behalf of the prosecution.

(4)Sub-paragraph (3) does not apply if, in the proceedings—

(a)evidence relating to the information is adduced by or on behalf of the person providing it, or

(b)a question relating to the information is asked by or on behalf of that person.

(5)Sub-paragraph (3) does not apply if the proceedings are for—

(a)an offence under paragraph 36 (obstruction),

(b)an offence under section 5 of the Perjury Act 1911 (false statutory declarations and other false statements without oath),

(c)an offence under section 44(2) of the Criminal Law (Consolidation) (Scotland) Act 1995 (false statements and declarations), or

(d)an offence under Article 10 of the Perjury (Northern Ireland) Order 1979 (SI 1979/1714 (NI 19)) (false statutory declarations and other false unsworn statements).

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I195Sch. 5 para. 17 in force at 27.5.2015 for specified purposes for E. by S.I. 2015/965, art. 2(b)

I196Sch. 5 para. 17 in force at 27.5.2015 for specified purposes by S.I. 2015/1333, art. 2(a)

I197Sch. 5 para. 17 in force at 1.10.2015 in so far as not already in force by S.I. 2015/1630, art. 3(h) (with art. 8)

Application to CrownE+W+S+N.I.

18In its application in relation to—E+W+S+N.I.

(a)an enforcer acting for a purpose within paragraph 13(2) or (3), or

(b)an enforcer acting for the purpose of ascertaining whether there has been a breach of the Consumer Protection from Unfair Trading Regulations 2008 (SI 2008/1277),

this Part binds the Crown.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I198Sch. 5 para. 18 in force at 27.5.2015 for specified purposes for E. by S.I. 2015/965, art. 2(b)

I199Sch. 5 para. 18 in force at 27.5.2015 for specified purposes by S.I. 2015/1333, art. 2(a)

I200Sch. 5 para. 18 in force at 1.10.2015 in so far as not already in force by S.I. 2015/1630, art. 3(h) (with art. 8)

PART 4 E+W+S+N.I.Further powers exercisable by domestic enforcers and EU enforcers

Exercise of powers in this Part: domestic enforcersE+W+S+N.I.

19(1)A domestic enforcer may exercise a power in this Part of this Schedule only for the purposes and in the circumstances mentioned in this paragraph in relation to that power.E+W+S+N.I.

(2)A domestic enforcer may exercise any power in paragraphs 21 to 26 and 31 to 34 for the purpose of ascertaining compliance with the enforcer's legislation.

(3)A domestic enforcer may exercise the power in paragraph 27 (power to require the production of documents) for either of the following purposes—

(a)subject to sub-paragraph (4), to ascertain compliance with the enforcer's legislation;

(b)to ascertain whether the documents may be required as evidence in proceedings for a breach of, or under, the enforcer's legislation.

(4)A domestic enforcer may exercise the power in paragraph 27 for the purpose mentioned in sub-paragraph (3)(a) only if an officer of the enforcer reasonably suspects a breach of the enforcer's legislation, unless—

(a)the power is being exercised in relation to a document that the trader is required to keep by virtue of a provision of the enforcer's legislation, or

(b)the enforcer is a market surveillance authority within the meaning of Article 2(18) of the Regulation on Accreditation and Market Surveillance and the power is exercised for the purpose of market surveillance within the meaning of Article 2(17) of that Regulation.

(5)A domestic enforcer may exercise the power in paragraph 28 (power to seize and detain goods) in relation to—

(a)goods which an officer of the enforcer reasonably suspects may disclose (by means of testing or otherwise) a breach of the enforcer's legislation,

(b)goods which an officer of the enforcer reasonably suspects are liable to forfeiture under that legislation, and

(c)goods which an officer of the enforcer reasonably suspects may be required as evidence in proceedings for a breach of, or under, that legislation.

(6)A domestic enforcer may exercise the power in paragraph 29 (power to seize documents required as evidence) in relation to documents which an officer of the enforcer reasonably suspects may be required as evidence—

(a)in proceedings for a breach of the enforcer's legislation, or

(b)in proceedings under the enforcer's legislation.

(7)A domestic enforcer may exercise the power in paragraph 30 (power to decommission or switch off fixed installations)—

(a)if an officer of the enforcer reasonably suspects a breach of the Electromagnetic Compatibility Regulations 2006 (SI 2006/3418), and

(b)for the purpose of ascertaining (by means of testing or otherwise) whether there has been such a breach.

(8)For the purposes of the enforcement of the Estate Agents Act 1979—

(a)the references in sub-paragraphs (2) and (3)(a) to ascertaining compliance with the enforcer's legislation include ascertaining whether a person has engaged in a practice mentioned in section 3(1)(d) of that Act (practice in relation to estate agency work declared undesirable by the Secretary of State), and

(b)the references in sub-paragraph (4) and paragraphs 23(6)(a) and 32(3)(a) to a breach of the enforcer's legislation include references to a person's engaging in such a practice.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I201Sch. 5 para. 19 in force at 27.5.2015 for specified purposes for E. by S.I. 2015/965, art. 2(b)

I202Sch. 5 para. 19 in force at 27.5.2015 for specified purposes by S.I. 2015/1333, art. 2(a)

I203Sch. 5 para. 19 in force at 1.10.2015 in so far as not already in force by S.I. 2015/1630, art. 3(h) (with art. 8)

Exercise of powers in this Part: EU enforcersE+W+S+N.I.

20(1)Any power in this Part of this Schedule which is conferred on an EU enforcer may be exercised by such an enforcer only for the purposes and in the circumstances mentioned in this paragraph in relation to that power.E+W+S+N.I.

(2)If the condition in sub-paragraph (3) is met, an EU enforcer may exercise any power conferred on it by paragraphs 21 to 25 and 31 to 34 for any purpose relating to the functions that the enforcer has under Part 8 of the Enterprise Act 2002 in its capacity as a CPC enforcer under that Part.

(3)The condition is that an officer of the EU enforcer reasonably suspects—

(a)that there has been, or is likely to be, a Community infringement,

(b)a failure to comply with an enforcement order or an interim enforcement order made on the application of that enforcer,

(c)a failure to comply with an undertaking given under section 217(9) or 218(10) of the Enterprise Act 2002 following such an application, or

(d)a failure to comply with an undertaking given to that enforcer under section 219 of that Act.

(4)An EU enforcer may exercise the power in paragraph 27 (power to require the production of documents) for either of the following purposes—

(a)the purpose mentioned in sub-paragraph (2), if the condition in sub-paragraph (3) is met;

(b)to ascertain whether the documents may be required as evidence in proceedings under Part 8 of the Enterprise Act 2002.

(5)An EU enforcer may exercise the power in paragraph 28 (power to seize and detain goods) in relation to goods which an officer of the enforcer reasonably suspects—

(a)may disclose (by means of testing or otherwise) a Community infringement or a failure to comply with a measure specified in sub-paragraph (3)(b), (c) or (d), or

(b)may be required as evidence in proceedings under Part 8 of the Enterprise Act 2002.

(6)An EU enforcer may exercise the power in paragraph 29 (power to seize documents required as evidence) in relation to documents which an officer of the enforcer reasonably suspects may be required as evidence in proceedings under Part 8 of the Enterprise Act 2002.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I204Sch. 5 para. 20 in force at 27.5.2015 for specified purposes for E. by S.I. 2015/965, art. 2(b)

I205Sch. 5 para. 20 in force at 27.5.2015 for specified purposes by S.I. 2015/1333, art. 2(a)

I206Sch. 5 para. 20 in force at 1.10.2015 in so far as not already in force by S.I. 2015/1630, art. 3(h) (with art. 8)

Power to purchase productsE+W+S+N.I.

21(1)An officer of an enforcer may—E+W+S+N.I.

(a)make a purchase of a product, or

(b)enter into an agreement to secure the provision of a product.

(2)For the purposes of exercising the power in sub-paragraph (1), an officer may—

(a)at any reasonable time, enter premises to which the public has access (whether or not the public has access at that time), and

(b)inspect any product on the premises which the public may inspect.

(3)The power of entry in sub-paragraph (2) may be exercised without first giving notice or obtaining a warrant.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I207Sch. 5 para. 21 in force at 27.5.2015 for specified purposes by S.I. 2015/1333, art. 2(a)

I208Sch. 5 para. 21 in force at 27.5.2015 for specified purposes for E. by S.I. 2015/965, art. 2(b)

I209Sch. 5 para. 21 in force at 1.10.2015 in so far as not already in force by S.I. 2015/1630, art. 3(h) (with art. 8)

Power to observe carrying on of business etcE+W+S+N.I.

22(1)An officer of an enforcer may enter premises to which the public has access in order to observe the carrying on of a business on those premises.E+W+S+N.I.

(2)The power in sub-paragraph (1) may be exercised at any reasonable time (whether or not the public has access at that time).

(3)The power of entry in sub-paragraph (1) may be exercised without first giving notice or obtaining a warrant.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I210Sch. 5 para. 22 in force at 27.5.2015 for specified purposes for E. by S.I. 2015/965, art. 2(b)

I211Sch. 5 para. 22 in force at 27.5.2015 for specified purposes by S.I. 2015/1333, art. 2(a)

I212Sch. 5 para. 22 in force at 1.10.2015 in so far as not already in force by S.I. 2015/1630, art. 3(h) (with art. 8)

Power to enter premises without warrantE+W+S+N.I.

23(1)An officer of an enforcer may enter premises at any reasonable time.E+W+S+N.I.

(2)Sub-paragraph (1) does not authorise the entry into premises used wholly or mainly as a dwelling.

(3)In the case of a routine inspection, the power of entry in sub-paragraph (1) may only be exercised if a notice has been given to the occupier of the premises in accordance with the requirements in sub-paragraph (4), unless sub-paragraph (5) applies.

(4)Those requirements are that—

(a)the notice is in writing and is given by an officer of the enforcer,

(b)the notice sets out why the entry is necessary and indicates the nature of the offence under paragraph 36 (obstruction), and

(c)there are at least two working days between the date of receipt of the notice and the date of entry.

(5)A notice need not be given if the occupier has waived the requirement to give notice.

(6)In this paragraph “routine inspection” means an exercise of the power in sub-paragraph (1) other than where—

(a)the power is exercised by an officer of a domestic enforcer who reasonably suspects a breach of the enforcer's legislation,

(b)the officer reasonably considers that to give notice in accordance with sub-paragraph (3) would defeat the purpose of the entry,

(c)it is not reasonably practicable in all the circumstances to give notice in accordance with that sub-paragraph, in particular because the officer reasonably suspects that there is an imminent risk to public health or safety, or

(d)the enforcer is a market surveillance authority within the meaning of Article 2(18) of the Regulation on Accreditation and Market Surveillance and the entry is for the purpose of market surveillance within the meaning of Article 2(17) of that Regulation.

(7)If an officer of an enforcer enters premises under sub-paragraph (1) otherwise than in the course of a routine inspection, and finds one or more occupiers on the premises, the officer must provide to that occupier or (if there is more than one) to at least one of them a document that—

(a)sets out why the entry is necessary, and

(b)indicates the nature of the offence under paragraph 36 (obstruction).

(8)If an officer of an enforcer enters premises under sub-paragraph (1) and finds one or more occupiers on the premises, the officer must produce evidence of the officer's identity and authority to that occupier or (if there is more than one) to at least one of them.

(9)An officer need not comply with sub-paragraph (7) or (8) if it is not reasonably practicable to do so.

(10)Proceedings resulting from the exercise of the power under sub-paragraph (1) are not invalid merely because of a failure to comply with sub-paragraph (7) or (8).

(11)An officer entering premises under sub-paragraph (1) may be accompanied by such persons, and may take onto the premises such equipment, as the officer thinks necessary.

(12)In this paragraph—

  • give”, in relation to the giving of a notice to the occupier of premises, includes delivering or leaving it at the premises or sending it there by post;

  • working day” means a day other than—

    (a)

    Saturday or Sunday,

    (b)

    Christmas Day or Good Friday, or

    (c)

    a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in the part of the United Kingdom in which the premises are situated.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I213Sch. 5 para. 23 in force at 27.5.2015 for specified purposes for E. by S.I. 2015/965, art. 2(b)

I214Sch. 5 para. 23 in force at 27.5.2015 for specified purposes by S.I. 2015/1333, art. 2(a)

I215Sch. 5 para. 23 in force at 1.10.2015 in so far as not already in force by S.I. 2015/1630, art. 3(h) (with art. 8)

Application of paragraphs 25 to 31E+W+S+N.I.

24Paragraphs 25 to 31 apply if an officer of an enforcer has entered any premises under the power in paragraph 23(1) or under a warrant under paragraph 32.E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I216Sch. 5 para. 24 in force at 27.5.2015 for specified purposes for E. by S.I. 2015/965, art. 2(b)

I217Sch. 5 para. 24 in force at 27.5.2015 for specified purposes by S.I. 2015/1333, art. 2(a)

I218Sch. 5 para. 24 in force at 1.10.2015 in so far as not already in force by S.I. 2015/1630, art. 3(h) (with art. 8)

Power to inspect products etcE+W+S+N.I.

25(1)The officer may inspect any product on the premises.E+W+S+N.I.

(2)The power in sub-paragraph (3) is also available to an officer of a domestic enforcer acting pursuant to the duty in section 27(1) of the Consumer Protection Act 1987 or regulation 10(1) of the General Product Safety Regulations 2005 (SI 2005/1803).

(3)The officer may examine any procedure (including any arrangements for carrying out a test) connected with the production of a product.

(4)The powers in sub-paragraph (5) are also available to an officer of a domestic enforcer acting pursuant to—

(a)the duty in regulation 10(1) of the Weights and Measures (Packaged Goods) Regulations 2006 (SI 2006/659) (“the (“2006 Regulations”), or

(b)the duty in regulation 10(1) of the Weights and Measures (Packaged Goods) Regulations (Northern Ireland) 2011 (SR 2011/331) (“the 2011 Regulations”).

(5)The officer may inspect and take copies of, or of anything purporting to be—

(a)a record of a kind mentioned in regulation 5(2) or 9(1), or

(b)evidence of a kind mentioned in regulation 9(3).

(6)The references in sub-paragraph (5) to regulations are to regulations in the 2006 Regulations in the case of a domestic enforcer in Great Britain or the 2011 Regulations in the case of a domestic enforcer in Northern Ireland.

(7)The powers in sub-paragraph (8) are also available to an officer of a domestic enforcer acting pursuant to the duty in regulation 37(1)(a)(ii) or (b)(ii) of the Electromagnetic Compatibility Regulations 2006 (SI 2006/3418).

(8)The officer may—

(a)inspect any apparatus or fixed installation (as defined in those Regulations), or

(b)examine any procedure (including any arrangements for carrying out a test) connected with the production of apparatus.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I219Sch. 5 para. 25 in force at 27.5.2015 for specified purposes for E. by S.I. 2015/965, art. 2(b)

I220Sch. 5 para. 25 in force at 27.5.2015 for specified purposes by S.I. 2015/1333, art. 2(a)

I221Sch. 5 para. 25 in force at 1.10.2015 in so far as not already in force by S.I. 2015/1630, art. 3(h) (with art. 8)

Power to test equipmentE+W+S+N.I.

26(1)An officer of a domestic enforcer may test any weighing or measuring equipment—E+W+S+N.I.

(a)which is, or which the officer has reasonable cause to believe may be, used for trade or in the possession of any person or on any premises for such use, or

(b)which has been, or which the officer has reasonable cause to believe to have been, passed by an approved verifier, or by a person purporting to act as such a verifier, as fit for such use.

(2)Expressions used in sub-paragraph (1) have the same meaning—

(a)as in the Weights and Measures Act 1985, in the case of a domestic enforcer in Great Britain;

(b)as in the Weights and Measures (Northern Ireland) Order 1981 (SI 1981/231 (NI 10)), in the case of a domestic enforcer in Northern Ireland.

(3)The powers in sub-paragraph (4) are available to an officer of a domestic enforcer acting pursuant to—

(a)the duty in regulation 10(1) of the Weights and Measures (Packaged Goods) Regulations 2006 (SI 2006/659) (“the 2006 Regulations”), or

(b)the duty in regulation 10(1) of the Weights and Measures (Packaged Goods) Regulations (Northern Ireland) 2011 (SR 2011/331) (“the 2011 Regulations”).

(4)The officer may test any equipment which the officer has reasonable cause to believe is used in—

(a)making up packages (as defined in regulation 2) in the United Kingdom, or

(b)carrying out a check mentioned in paragraphs (1) and (3) of regulation 9.

(5)The references in sub-paragraph (4) to regulations are to regulations in the 2006 Regulations in the case of a domestic enforcer in Great Britain or the 2011 Regulations in the case of a domestic enforcer in Northern Ireland.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I222Sch. 5 para. 26 in force at 27.5.2015 for specified purposes for E. by S.I. 2015/965, art. 2(b)

I223Sch. 5 para. 26 in force at 27.5.2015 for specified purposes by S.I. 2015/1333, art. 2(a)

I224Sch. 5 para. 26 in force at 1.10.2015 in so far as not already in force by S.I. 2015/1630, art. 3(h) (with art. 8)

Power to require the production of documentsE+W+S+N.I.

27(1)The officer may, at any reasonable time—E+W+S+N.I.

(a)require a trader occupying the premises, or a person on the premises acting on behalf of such a trader, to produce any documents relating to the trader's business to which the trader has access, and

(b)take copies of, or of any entry in, any such document.

(2)The power in sub-paragraph (1) is available regardless of whether—

(a)the purpose for which the documents are required relates to the trader or some other person, or

(b)the proceedings referred to in paragraph 19(3)(b) or 20(4)(b) could be taken against the trader or some other person.

(3)That power includes power to require the person to give an explanation of the documents.

(4)Where a document required to be produced under sub-paragraph (1) contains information recorded electronically, the power in that sub-paragraph includes power to require the production of a copy of the document in a form in which it can easily be taken away and in which it is visible and legible.

(5)This paragraph does not permit an officer to require a person to create a document other than as described in sub-paragraph (4).

(6)This paragraph does not permit an officer to require a person to produce any document which the person would be entitled to refuse to produce—

(a)in proceedings in the High Court on the grounds of legal professional privilege, or

(b)in proceedings in the Court of Session on the grounds of confidentiality of communications.

(7)In sub-paragraph (6) “communications” means—

(a)communications between a professional legal adviser and the adviser's client, or

(b)communications made in connection with or in contemplation of legal proceedings or for the purposes of those proceedings.

(8)In this paragraph “trader” has the same meaning as in Part 1 of this Act.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I225Sch. 5 para. 27 in force at 27.5.2015 for specified purposes for E. by S.I. 2015/965, art. 2(b)

I226Sch. 5 para. 27 in force at 27.5.2015 for specified purposes by S.I. 2015/1333, art. 2(a)

I227Sch. 5 para. 27 in force at 1.10.2015 in so far as not already in force by S.I. 2015/1630, art. 3(h) (with art. 8)

Power to seize and detain goodsE+W+S+N.I.

28(1)The officer may seize and detain goods other than documents (for which see paragraph 29).E+W+S+N.I.

(2)An officer seizing goods under this paragraph from premises which are occupied must produce evidence of the officer's identity and authority to an occupier of the premises before seizing them.

(3)The officer need not comply with sub-paragraph (2) if it is not reasonably practicable to do so.

(4)An officer seizing goods under this paragraph must take reasonable steps to—

(a)inform the person from whom they are seized that they have been seized, and

(b)provide that person with a written record of what has been seized.

(5)If, under this paragraph, an officer seizes any goods from a vending machine, the duty in sub-paragraph (4) also applies in relation to—

(a)the person whose name and address are on the vending machine as the owner of the machine, or

(b)if there is no such name and address on the machine, the occupier of the premises on which the machine stands or to which it is fixed.

(6)In determining the steps to be taken under sub-paragraph (4), an officer exercising a power under this paragraph in England and Wales or Northern Ireland must have regard to any relevant provision about the seizure of property made by—

(a)a code of practice under section 66 of the Police and Criminal Evidence Act 1984, or

(b)a code of practice under Article 65 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (SI 1989/1341 (NI 12)),

(as the case may be).

(7)Goods seized under this paragraph (except goods seized for a purpose mentioned in paragraph 19(5)(b)) may not be detained—

(a)for a period of more than 3 months beginning with the day on which they were seized, or

(b)where the goods are reasonably required to be detained for a longer period by the enforcer for a purpose for which they were seized, for longer than they are required for that purpose.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I228Sch. 5 para. 28 in force at 27.5.2015 for specified purposes for E. by S.I. 2015/965, art. 2(b)

I229Sch. 5 para. 28 in force at 27.5.2015 for specified purposes by S.I. 2015/1333, art. 2(a)

I230Sch. 5 para. 28 in force at 1.10.2015 in so far as not already in force by S.I. 2015/1630, art. 3(h) (with art. 8)

Power to seize documents required as evidenceE+W+S+N.I.

29(1)The officer may seize and detain documents.E+W+S+N.I.

(2)An officer seizing documents under this paragraph from premises which are occupied must produce evidence of the officer's identity and authority to an occupier of the premises before seizing them.

(3)The officer need not comply with sub-paragraph (2) if it is not reasonably practicable to do so.

(4)An officer seizing documents under this paragraph must take reasonable steps to—

(a)inform the person from whom they are seized that they have been seized, and

(b)provide that person with a written record of what has been seized.

(5)In determining the steps to be taken under sub-paragraph (4), an officer exercising a power under this paragraph in England and Wales or Northern Ireland must have regard to any relevant provision about the seizure of property made by—

(a)a code of practice under section 66 of the Police and Criminal Evidence Act 1984, or

(b)a code of practice under Article 65 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (SI 1989/1341 (NI 12)),

(as the case may be).

(6)This paragraph does not confer any power on an officer to seize from a person any document which the person would be entitled to refuse to produce—

(a)in proceedings in the High Court on the grounds of legal professional privilege, or

(b)in proceedings in the Court of Session on the grounds of confidentiality of communications.

(7)In sub-paragraph (6) “communications” means—

(a)communications between a professional legal adviser and the adviser's client, or

(b)communications made in connection with or in contemplation of legal proceedings or for the purposes of those proceedings.

(8)Documents seized under this paragraph may not be detained—

(a)for a period of more than 3 months beginning with the day on which they were seized, or

(b)where the documents are reasonably required to be detained for a longer period by the enforcer for the purposes of the proceedings for which they were seized, for longer than they are required for those purposes.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I231Sch. 5 para. 29 in force at 27.5.2015 for specified purposes by S.I. 2015/1333, art. 2(a)

I232Sch. 5 para. 29 in force at 27.5.2015 for specified purposes for E. by S.I. 2015/965, art. 2(b)

I233Sch. 5 para. 29 in force at 1.10.2015 in so far as not already in force by S.I. 2015/1630, art. 3(h) (with art. 8)

Power to decommission or switch off fixed installationsE+W+S+N.I.

30(1)The power in sub-paragraph (2) is available to an officer of a domestic enforcer acting pursuant to the duty in regulation 37(1)(a)(ii) or (b)(ii) of the Electromagnetic Compatibility Regulations 2006 (SI 2006/3418).E+W+S+N.I.

(2)The officer may decommission or switch off any fixed installation (as defined in those Regulations) or part of such an installation.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I234Sch. 5 para. 30 in force at 27.5.2015 for specified purposes for E. by S.I. 2015/965, art. 2(b)

I235Sch. 5 para. 30 in force at 27.5.2015 for specified purposes by S.I. 2015/1333, art. 2(a)

I236Sch. 5 para. 30 in force at 1.10.2015 in so far as not already in force by S.I. 2015/1630, art. 3(h) (with art. 8)

Power to break open container etcE+W+S+N.I.

31(1)The officer may, for the purpose of exercising any of the powers in paragraphs 28 to 30, require a person with authority to do so to—E+W+S+N.I.

(a)break open any container,

(b)open any vending machine, or

(c)access any electronic device in which information may be stored or from which it may be accessed.

(2)Where a requirement under sub-paragraph (1) has not been complied with, the officer may, for the purpose of exercising any of the powers in paragraphs 28 to 30—

(a)break open the container,

(b)open the vending machine, or

(c)access the electronic device.

(3)Sub-paragraph (1) or (2) applies if and to the extent that the exercise of the power in that sub-paragraph is reasonably necessary for the purposes for which that power may be exercised.

(4)In this paragraph “container” means anything in which goods may be stored.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I237Sch. 5 para. 31 in force at 27.5.2015 for specified purposes for E. by S.I. 2015/965, art. 2(b)

I238Sch. 5 para. 31 in force at 27.5.2015 for specified purposes by S.I. 2015/1333, art. 2(a)

I239Sch. 5 para. 31 in force at 1.10.2015 in so far as not already in force by S.I. 2015/1630, art. 3(h) (with art. 8)

Power to enter premises with warrantE+W+S+N.I.

32(1)A justice of the peace may issue a warrant authorising an officer of an enforcer to enter premises if satisfied, on written information on oath given by such an officer, that there are reasonable grounds for believing that—E+W+S+N.I.

(a)condition A or B is met, and

(b)condition C, D or E is met.

(2)Condition A is that on the premises there are—

(a)products which an officer of the enforcer has power to inspect under paragraph 25, or

(b)documents which an officer of the enforcer could require a person to produce under paragraph 27.

(3)Condition B is that, on the premises—

(a)in the case of a domestic enforcer, there has been or is about to be a breach of the enforcer's legislation,

(b)in the case of an EU enforcer, there has been or is about to be a Community infringement as defined in section 212 of the Enterprise Act 2002, or

(c)in the case of an EU enforcer, there has been a failure to comply with a measure specified in paragraph 20(3)(b), (c) or (d).

(4)Condition C is that—

(a)access to the premises has been or is likely to be refused, and

(b)notice of the enforcer's intention to apply for a warrant under this paragraph has been given to the occupier of the premises.

(5)Condition D is that it is likely that products or documents on the premises would be concealed or interfered with if notice of entry on the premises were given to the occupier of the premises.

(6)Condition E is that—

(a)the premises are unoccupied, or

(b)the occupier of the premises is absent, and it might defeat the purpose of the entry to wait for the occupier's return.

(7)In the application of this paragraph to Scotland—

(a)the reference in sub-paragraph (1) to a justice of the peace is to be read as a reference to a sheriff, and

(b)the reference in that sub-paragraph to information on oath is to be read as a reference to evidence on oath.

(8)In the application of this paragraph to Northern Ireland—

(a)the reference in sub-paragraph (1) to a justice of the peace is to be read as a reference to a lay magistrate, and

(b)the reference in that sub-paragraph to written information is to be read as a reference to a written complaint.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I240Sch. 5 para. 32 in force at 27.5.2015 for specified purposes for E. by S.I. 2015/965, art. 2(b)

I241Sch. 5 para. 32 in force at 27.5.2015 for specified purposes by S.I. 2015/1333, art. 2(a)

I242Sch. 5 para. 32 in force at 1.10.2015 in so far as not already in force by S.I. 2015/1630, art. 3(h) (with art. 8)

Entry to premises under warrantE+W+S+N.I.

33(1)A warrant under paragraph 32 authorises an officer of the enforcer to enter the premises at any reasonable time, using reasonable force if necessary.E+W+S+N.I.

(2)A warrant under that paragraph ceases to have effect at the end of the period of one month beginning with the day it is issued.

(3)An officer entering premises under a warrant under paragraph 32 may be accompanied by such persons, and may take onto the premises such equipment, as the officer thinks necessary.

(4)If the premises are occupied when the officer enters them, the officer must produce the warrant for inspection to an occupier of the premises.

(5)Sub-paragraph (6) applies if the premises are unoccupied or the occupier is temporarily absent.

(6)On leaving the premises the officer must—

(a)leave a notice on the premises stating that the premises have been entered under a warrant under paragraph 32, and

(b)leave the premises as effectively secured against trespassers as the officer found them.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I243Sch. 5 para. 33 in force at 27.5.2015 for specified purposes for E. by S.I. 2015/965, art. 2(b)

I244Sch. 5 para. 33 in force at 27.5.2015 for specified purposes by S.I. 2015/1333, art. 2(a)

I245Sch. 5 para. 33 in force at 1.10.2015 in so far as not already in force by S.I. 2015/1630, art. 3(h) (with art. 8)

Power to require assistance from person on premisesE+W+S+N.I.

34(1)If an officer of an enforcer has entered premises under the power in paragraph 23(1) or under a warrant under paragraph 32, the officer may require any person on the premises to provide such assistance or information as the officer reasonably considers necessary.E+W+S+N.I.

(2)Sub-paragraph (3) applies if an officer of a domestic enforcer has entered premises under the power in paragraph 23(1) or under a warrant under paragraph 32 for the purposes of the enforcement of—

(a)the Weights and Measures (Packaged Goods) Regulations 2006 (SI 2006/659), or

(b)the Weights and Measures (Packaged Goods) Regulations (Northern Ireland) 2011 (SR 2011/331).

(3)The officer may, in particular, require any person on the premises to provide such information as the person possesses about the name and address of the packer and of any importer of a package which the officer finds on the premises.

(4)In sub-paragraph (3) “importer”, “package” and “packer” have the same meaning as in—

(a)the Weights and Measures (Packaged Goods) Regulations 2006 (see regulation 2), in the case of a domestic enforcer in Great Britain, or

(b)the Weights and Measures (Packaged Goods) Regulations (Northern Ireland) 2011 (see regulation 2), in the case of a domestic enforcer in Northern Ireland.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I246Sch. 5 para. 34 in force at 27.5.2015 for specified purposes by S.I. 2015/1333, art. 2(a)

I247Sch. 5 para. 34 in force at 27.5.2015 for specified purposes for E. by S.I. 2015/965, art. 2(b)

I248Sch. 5 para. 34 in force at 1.10.2015 in so far as not already in force by S.I. 2015/1630, art. 3(h) (with art. 8)

Definitions for purposes of this PartE+W+S+N.I.

35In this Part of this Schedule—E+W+S+N.I.

  • goods” has the meaning given by section 2(8);

  • occupier”, in relation to premises, means any person an officer of an enforcer reasonably suspects to be the occupier of the premises;

  • premises” includes any stall, vehicle, vessel or aircraft;

  • product” means—

    (a)

    goods,

    (b)

    a service,

    (c)

    digital content, as defined in section 2(9),

    (d)

    immovable property, or

    (e)

    rights or obligations.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I249Sch. 5 para. 35 in force at 27.5.2015 for specified purposes for E. by S.I. 2015/965, art. 2(b)

I250Sch. 5 para. 35 in force at 27.5.2015 for specified purposes by S.I. 2015/1333, art. 2(a)

I251Sch. 5 para. 35 in force at 1.10.2015 in so far as not already in force by S.I. 2015/1630, art. 3(h) (with art. 8)

PART 5 E+W+S+N.I.Provisions supplementary to Parts 3 and 4

Offence of obstructionE+W+S+N.I.

36(1)A person commits an offence if the person—E+W+S+N.I.

(a)intentionally obstructs an enforcer or an officer of an enforcer who is exercising or seeking to exercise a power under Part 4 of this Schedule in accordance with that Part,

(b)intentionally fails to comply with a requirement properly imposed by an enforcer or an officer of an enforcer under Part 4 of this Schedule, or

(c)without reasonable cause fails to give an enforcer or an officer of an enforcer any other assistance or information which the enforcer or officer reasonably requires of the person for a purpose for which the enforcer or officer may exercise a power under Part 4 of this Schedule.

(2)A person commits an offence if, in giving information of a kind referred to in sub-paragraph (1)(c), the person—

(a)makes a statement which the person knows is false or misleading in a material respect, or

(b)recklessly makes a statement which is false or misleading in a material respect.

(3)A person who is guilty of an offence under sub-paragraph (1) or (2) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(4)Nothing in this paragraph requires a person to answer any question or give any information if to do so might incriminate that person.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I252Sch. 5 para. 36 in force at 27.5.2015 for specified purposes for E. by S.I. 2015/965, art. 2(b)

I253Sch. 5 para. 36 in force at 27.5.2015 for specified purposes by S.I. 2015/1333, art. 2(a)

I254Sch. 5 para. 36 in force at 1.10.2015 in so far as not already in force by S.I. 2015/1630, art. 3(h) (with art. 8)

Offence of purporting to act as officerE+W+S+N.I.

37(1)A person who is not an officer of an enforcer commits an offence if the person purports to act as such under Part 3 or 4 of this Schedule.E+W+S+N.I.

(2)A person who is guilty of an offence under sub-paragraph (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(3)If section 85(1) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 comes into force on or before the day on which this Act is passed—

(a)section 85 of that Act (removal of limit on certain fines on conviction by magistrates' court) applies in relation to the offence in this paragraph as if it were a relevant offence (as defined in section 85(3) of that Act), and

(b)regulations described in section 85(11) of that Act may amend or otherwise modify sub-paragraph (2).

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I255Sch. 5 para. 37 in force at 27.5.2015 for specified purposes for E. by S.I. 2015/965, art. 2(b)

I256Sch. 5 para. 37 in force at 27.5.2015 for specified purposes by S.I. 2015/1333, art. 2(a)

I257Sch. 5 para. 37 in force at 1.10.2015 in so far as not already in force by S.I. 2015/1630, art. 3(h) (with art. 8)

Access to seized goods and documentsE+W+S+N.I.

38(1)This paragraph applies where anything seized by an officer of an enforcer under Part 4 of this Schedule is detained by the enforcer.E+W+S+N.I.

(2)If a request for permission to be granted access to that thing is made to the enforcer by a person who had custody or control of it immediately before it was seized, the enforcer must allow that person access to it under the supervision of an officer of the enforcer.

(3)If a request for a photograph or copy of that thing is made to the enforcer by a person who had custody or control of it immediately before it was seized, the enforcer must—

(a)allow that person access to it under the supervision of an officer of the enforcer for the purpose of photographing or copying it, or

(b)photograph or copy it, or cause it to be photographed or copied.

(4)Where anything is photographed or copied under sub-paragraph (3), the photograph or copy must be supplied to the person who made the request within a reasonable time from the making of the request.

(5)This paragraph does not require access to be granted to, or a photograph or copy to be supplied of, anything if the enforcer has reasonable grounds for believing that to do so would prejudice the investigation for the purposes of which it was seized.

(6)An enforcer may recover the reasonable costs of complying with a request under this paragraph from the person by whom or on whose behalf it was made.

(7)References in this paragraph to a person who had custody or control of a thing immediately before it was seized include a representative of such a person.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

C2Sch. 5 para. 38 applied by 2001 c. 16, Sch. 2 para. 4E (as inserted (1.10.2015) by Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 6 para. 66(5); S.I. 2015/1630, art. 3(i))

Commencement Information

I258Sch. 5 para. 38 in force at 27.5.2015 for specified purposes by S.I. 2015/1333, art. 2(a)

I259Sch. 5 para. 38 in force at 27.5.2015 for specified purposes for E. by S.I. 2015/965, art. 2(b)

I260Sch. 5 para. 38 in force at 1.10.2015 in so far as not already in force by S.I. 2015/1630, art. 3(h) (with art. 8)

Notice of testing of goodsE+W+S+N.I.

39(1)Sub-paragraphs (3) and (4) apply where goods purchased by an officer of a domestic enforcer under paragraph 21 are submitted to a test and as a result—E+W+S+N.I.

(a)proceedings are brought for a breach of, or under, the enforcer's legislation or for the forfeiture of the goods by the enforcer, or

(b)a notice is served by the enforcer preventing a person from doing any thing.

(2)Sub-paragraphs (3) and (4) also apply where goods seized by an officer of a domestic enforcer under paragraph 28 are submitted to a test.

(3)The enforcer must inform the relevant person of the results of the test.

(4)The enforcer must allow a relevant person to have the goods tested if it is reasonably practicable to do so.

(5)In sub-paragraph (3) “relevant person” means the person from whom the goods were purchased or seized or, where the goods were purchased or seized from a vending machine—

(a)the person whose name and address are on the vending machine as the owner of the machine, or

(b)if there is no such name and address on the machine, the occupier of the premises on which the machine stands or to which it is fixed.

(6)In sub-paragraph (4) “relevant person” means—

(a)a person within sub-paragraph (5),

(b)in a case within sub-paragraph (1)(a), a person who is a party to the proceedings, and

(c)in a case within sub-paragraph (1)(b), a person with an interest in the goods.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

C3Sch. 5 para. 39 applied by 2001 c. 16, Sch. 2 para. 4D (as inserted (1.10.2015) by Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 6 para. 66(5); S.I. 2015/1630, art. 3(i))

Commencement Information

I261Sch. 5 para. 39 in force at 27.5.2015 for specified purposes by S.I. 2015/1333, art. 2(a)

I262Sch. 5 para. 39 in force at 27.5.2015 for specified purposes for E. by S.I. 2015/965, art. 2(b)

I263Sch. 5 para. 39 in force at 1.10.2015 in so far as not already in force by S.I. 2015/1630, art. 3(h) (with art. 8)

Appeals against detention of goods and documentsE+W+S+N.I.

40(1)This paragraph applies where goods or documents are being detained as the result of the exercise of a power in Part 4 of this Schedule.E+W+S+N.I.

(2)A person with an interest in the goods or documents may apply for an order requiring them to be released to that or another person.

(3)An application under this paragraph may be made in England and Wales or Northern Ireland—

(a)to any magistrates' court in which proceedings have been brought for an offence as the result of the investigation in the course of which the goods or documents were seized,

(b)to any magistrates' court in which proceedings have been brought for the forfeiture of the goods or documents or (in the case of seized documents) any goods to which the documents relate, or

(c)if no proceedings within paragraph (a) or (b) have been brought, by way of complaint to a magistrates' court.

(4)An application under this paragraph may be made in Scotland by summary application to the sheriff.

(5)On an application under this paragraph, the court or sheriff may make an order requiring goods to be released only if satisfied that condition A or B is met.

(6)Condition A is that—

(a)no proceedings have been brought—

(i)for an offence as the result of the investigation in the course of which the goods or documents were seized, or

(ii)for the forfeiture of the goods or documents or (in the case of seized documents) any goods to which the documents relate, and

(b)the period of 6 months beginning with the date the goods or documents were seized has expired.

(7)Condition B is that—

(a)proceedings of a kind mentioned in sub-paragraph (6)(a) have been brought, and

(b)those proceedings have been concluded without the goods or documents being forfeited.

(8)A person aggrieved by an order made under this paragraph by a magistrates' court, or by the decision of a magistrates' court not to make such an order, may appeal against the order or decision—

(a)in England and Wales, to the Crown Court;

(b)in Northern Ireland, to a county court.

(9)An order made under this paragraph by a magistrates' court may contain such provision as the court thinks appropriate for delaying its coming into force pending the making and determination of any appeal.

(10)In sub-paragraph (9) “appeal” includes an application under section 111 of the Magistrates' Courts Act 1980 or Article 146 of the Magistrates' Courts (Northern Ireland) Order 1981 (SI 1981/1675 (NI 26)) (statements of case).

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I264Sch. 5 para. 40 in force at 27.5.2015 for specified purposes by S.I. 2015/1333, art. 2(a)

I265Sch. 5 para. 40 in force at 27.5.2015 for specified purposes for E. by S.I. 2015/965, art. 2(b)

I266Sch. 5 para. 40 in force at 1.10.2015 in so far as not already in force by S.I. 2015/1630, art. 3(h) (with art. 8)

CompensationE+W+S+N.I.

41(1)This paragraph applies where an officer of an enforcer has seized and detained goods under Part 4 of this Schedule for a purpose within paragraph 19(5)(a) or 20(5)(a).E+W+S+N.I.

(2)The enforcer must pay compensation to any person with an interest in the goods in respect of any loss or damage caused by the seizure and detention, if the condition in sub-paragraph (3) or (4) that is relevant to the enforcer is met.

(3)The condition that is relevant to a domestic enforcer is that—

(a)the goods have not disclosed a breach of the enforcer's legislation, and

(b)the power to seize and detain the goods was not exercised as a result of any neglect or default of the person seeking the compensation.

(4)The condition that is relevant to an EU enforcer is that—

(a)the goods have not disclosed a Community infringement or a failure to comply with a measure specified in paragraph 20(3)(b), (c) or (d), and

(b)the power to seize and detain the goods was not exercised as a result of any neglect or default of the person seeking the compensation.

(5)Any dispute about the right to or amount of any compensation payable under this paragraph is to be determined—

(a)in England and Wales or Northern Ireland, by arbitration, or

(b)in Scotland, by a single arbitrator appointed by the parties or, if there is no agreement between the parties as to that appointment, by the sheriff.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

C4Sch. 5 para. 41 applied by 2001 c. 16, Sch. 2 para. 9D (as inserted (1.10.2015) by Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 6 para. 66(8); S.I. 2015/1630, art. 3(i))

Commencement Information

I267Sch. 5 para. 41 in force at 27.5.2015 for specified purposes for E. by S.I. 2015/965, art. 2(b)

I268Sch. 5 para. 41 in force at 27.5.2015 for specified purposes by S.I. 2015/1333, art. 2(a)

I269Sch. 5 para. 41 in force at 1.10.2015 in so far as not already in force by S.I. 2015/1630, art. 3(h) (with art. 8)

Meaning of “goods” in this PartE+W+S+N.I.

42In this Part of this Schedule “goods” does not include a document.E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I270Sch. 5 para. 42 in force at 27.5.2015 for specified purposes by S.I. 2015/1333, art. 2(a)

I271Sch. 5 para. 42 in force at 27.5.2015 for specified purposes for E. by S.I. 2015/965, art. 2(b)

I272Sch. 5 para. 42 in force at 1.10.2015 in so far as not already in force by S.I. 2015/1630, art. 3(h) (with art. 8)

PART 6 E+W+S+N.I.Exercise of enforcement functions by area enforcers

Interpretation of this PartE+W+S+N.I.

43In this Part, “area enforcer” means—E+W+S+N.I.

(a)a local weights and measures authority in Great Britain,

(b)a district council in England, or

(c)a district council in Northern Ireland.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I273Sch. 5 para. 43 in force at 27.5.2015 for specified purposes by S.I. 2015/1333, art. 2(a)

I274Sch. 5 para. 43 in force at 27.5.2015 for specified purposes for E. by S.I. 2015/965, art. 2(b)

I275Sch. 5 para. 43 in force at 1.10.2015 in so far as not already in force by S.I. 2015/1630, art. 3(h) (with art. 8)

Investigatory powersE+W+S+N.I.

44(1)Sub-paragraphs (3) to (6) apply in relation to an area enforcer's exercise, in accordance with this Schedule, of a power in Part 3 or 4 of this Schedule.E+W+S+N.I.

(2)Sub-paragraphs (3) to (6) also apply in relation to an area enforcer's exercise of an investigatory power—

(a)conferred by legislation which, by virtue of a provision listed in paragraph 10 of this Schedule, the area enforcer has a duty or power to enforce, or conferred by legislation under which such legislation is made, or

(b)conferred by legislation listed in the second column of the table in paragraph 11 of this Schedule,

for the purpose of ascertaining whether there has been a breach of that legislation or of any notice issued by the area enforcer under that legislation.

(3)A local weights and measures authority in England or Wales may exercise the power in a part of England or Wales which is outside that authority's area.

(4)A local weights and measures authority in Scotland may exercise the power in a part of Scotland which is outside that authority's area.

(5)A district council in England may exercise the power in a part of England which is outside that council's district.

(6)A district council in Northern Ireland may exercise the power in a part of Northern Ireland which is outside that council's district.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I276Sch. 5 para. 44 in force at 27.5.2015 for specified purposes for E. by S.I. 2015/965, art. 2(b)

I277Sch. 5 para. 44 in force at 27.5.2015 for specified purposes by S.I. 2015/1333, art. 2(a)

I278Sch. 5 para. 44 in force at 1.10.2015 in so far as not already in force by S.I. 2015/1630, art. 3(h) (with art. 8)

Civil proceedingsE+W+S+N.I.

45(1)Sub-paragraphs (4) to (7) apply in relation to civil proceedings which may be brought by an area enforcer under—E+W+S+N.I.

(a)Part 8 of the Enterprise Act 2002,

(b)Schedule 3 to this Act,

(c)legislation which, by virtue of a provision listed in paragraph 10 of this Schedule, the area enforcer has a duty or power to enforce,

(d)legislation under which legislation mentioned in paragraph (c) is made, or

(e)legislation listed in the second column of the table in paragraph 11 of this Schedule.

(2)Sub-paragraphs (4) to (7) also apply in relation to an application for forfeiture which may be made by an area enforcer, in circumstances where there are no related criminal proceedings,—

(a)under section 35ZC of the Registered Designs Act 1949,

(b)under section 16 of the Consumer Protection Act 1987,

(c)under section 97 of the Trade Marks Act 1994 (including as applied by section 11 of the Olympic Symbol etc (Protection) Act 1995), or

(d)under legislation which, by virtue of a provision listed in paragraph 10 of this Schedule, the area enforcer has a duty or power to enforce.

(3)In sub-paragraphs (4), (5), (6) and (7), the reference to civil proceedings includes a reference to an application mentioned in sub-paragraph (2).

(4)A local weights and measures authority in England or Wales may bring civil proceedings in respect of conduct in a part of England or Wales which is outside that authority's area.

(5)A local weights and measures authority in Scotland may bring civil proceedings in respect of conduct in a part of Scotland which is outside that authority's area.

(6)A district council in England may bring civil proceedings in respect of conduct in a part of England which is outside that council's district.

(7)A district council in Northern Ireland may bring civil proceedings in respect of conduct in a part of Northern Ireland which is outside that council's district.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I279Sch. 5 para. 45 in force at 27.5.2015 for specified purposes by S.I. 2015/1333, art. 2(a)

I280Sch. 5 para. 45 in force at 27.5.2015 for specified purposes for E. by S.I. 2015/965, art. 2(b)

I281Sch. 5 para. 45 in force at 1.10.2015 in so far as not already in force by S.I. 2015/1630, art. 3(h) (with art. 8)

Criminal proceedingsE+W+S+N.I.

46(1)A local weights and measures authority in England or Wales may bring proceedings for a consumer offence allegedly committed in a part of England or Wales which is outside that authority's area.E+W+S+N.I.

(2)In sub-paragraph (1) “a consumer offence” means—

(a)an offence under legislation which, by virtue of a provision listed in paragraph 10 of this Schedule, a local weights and measures authority in England or Wales has a duty or power to enforce,

(b)an offence under legislation under which legislation within paragraph (a) is made,

(c)an offence under legislation listed in the second column of the table in paragraph 11 of this Schedule in relation to which a local weights and measures authority is listed in the corresponding entry in the first column of the table as an enforcer,

(d)an offence originating from an investigation into a breach of legislation mentioned in paragraph (a), (b) or (c), or

(e)an offence described in paragraph 36 or 37 of this Schedule.

(3)A district council in England may bring proceedings for a consumer offence allegedly committed in a part of England which is outside that council's district.

(4)In sub-paragraph (3) “a consumer offence” means—

(a)an offence under legislation which, by virtue of a provision listed in paragraph 10 of this Schedule, a district council in England has a duty or power to enforce,

(b)an offence under legislation under which legislation within paragraph (a) is made,

(c)an offence originating from an investigation into a breach of legislation mentioned in paragraph (a) or (b), or

(d)an offence described in paragraph 36 or 37 of this Schedule.

(5)A district council in Northern Ireland may bring proceedings for a consumer offence allegedly committed in a part of Northern Ireland which is outside that council's district.

(6)In sub-paragraph (5) “a consumer offence” means—

(a)an offence under legislation which, by virtue of a provision listed in paragraph 10 of this Schedule, a district council in Northern Ireland has a duty or power to enforce,

(b)an offence under legislation under which legislation within paragraph (a) is made,

(c)an offence originating from an investigation into a breach of legislation mentioned in paragraph (a) or (b), or

(d)an offence described in paragraph 36 or 37 of this Schedule.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I282Sch. 5 para. 46 in force at 27.5.2015 for specified purposes for E. by S.I. 2015/965, art. 2(b)

I283Sch. 5 para. 46 in force at 27.5.2015 for specified purposes by S.I. 2015/1333, art. 2(a)

I284Sch. 5 para. 46 in force at 1.10.2015 in so far as not already in force by S.I. 2015/1630, art. 3(h) (with art. 8)

Section 77

SCHEDULE 6E+W+S+N.I.Investigatory powers: consequential amendments

Registered Designs Act 1949 (c. 88)E+W+S+N.I.

1(1)Section 35ZB of the Registered Designs Act 1949 (enforcement) is amended as follows.E+W+S+N.I.

(2)Omit subsection (1).

(3)Before subsection (2) insert—

(1A)For the investigatory powers available to a local weights and measures authority or the Department of Enterprise, Trade and Investment in Northern Ireland for the purposes of the enforcement of section 35ZA, see Schedule 5 to the Consumer Rights Act 2015.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I285Sch. 6 para. 1 in force at 1.10.2015 by S.I. 2015/1630, art. 3(i) (with art. 8)

Trade Descriptions Act 1968 (c. 29)E+W+S+N.I.

2The Trade Descriptions Act 1968 is amended as follows.E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I286Sch. 6 para. 2 in force at 1.10.2015 by S.I. 2015/1630, art. 3(i) (with art. 8)

3In section 26 (enforcing authorities) after subsection (1) insert—E+W+S+N.I.

(1A)For the investigatory powers available to a local weights and measures authority for the purposes of the duty in subsection (1), see Schedule 5 to the Consumer Rights Act 2015.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I287Sch. 6 para. 3 in force at 1.10.2015 by S.I. 2015/1630, art. 3(i) (with art. 8)

4Omit section 27 (power to make test purchases).E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I288Sch. 6 para. 4 in force at 1.10.2015 by S.I. 2015/1630, art. 3(i) (with art. 8)

5Omit section 28 (power to enter premises and inspect and seize goods and documents).E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I289Sch. 6 para. 5 in force at 1.10.2015 by S.I. 2015/1630, art. 3(i) (with art. 8)

6Omit section 29 (obstruction of authorised officers).E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I290Sch. 6 para. 6 in force at 1.10.2015 by S.I. 2015/1630, art. 3(i) (with art. 8)

7Omit section 30 (notice of test and intended prosecution).E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I291Sch. 6 para. 7 in force at 1.10.2015 by S.I. 2015/1630, art. 3(i) (with art. 8)

8Omit section 33 (compensation for loss, etc of goods seized under section 28).E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I292Sch. 6 para. 8 in force at 1.10.2015 by S.I. 2015/1630, art. 3(i) (with art. 8)

9(1)Section 40 (provisions as to Northern Ireland) is amended as follows.E+W+S+N.I.

(2)In subsection (1), omit paragraph (c).

(3)After subsection (1) insert—

(1A)For the investigatory powers available to the Department of Enterprise, Trade and Investment in Northern Ireland for the purposes of the duty in subsection (1)(b), see Schedule 5 to the Consumer Rights Act 2015.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I293Sch. 6 para. 9 in force at 1.10.2015 by S.I. 2015/1630, art. 3(i) (with art. 8)

Hallmarking Act 1973 (c. 43)E+W+S+N.I.

10(1)Section 9 of the Hallmarking Act 1973 (enforcement of Act) is amended as follows.E+W+S+N.I.

(2)After subsection (2) insert—

(2A)For the investigatory powers available to a local weights and measures authority, the Council and an assay office for the purposes of the duty in subsection (1) and the power in subsection (2), see Schedule 5 to the Consumer Rights Act 2015.

(3)Omit subsections (3), (4) and (7).

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I294Sch. 6 para. 10 in force at 1.10.2015 by S.I. 2015/1630, art. 3(i) (with art. 8)

Prices Act 1974 (c. 24)E+W+S+N.I.

11(1)The Schedule to the Prices Act 1974 (enforcement) is amended as follows.E+W+S+N.I.

(2)Omit paragraphs 3, 7, 9 and 10.

(3)In paragraph 14(1) omit “and paragraph 10 above shall be omitted”.

(4)After paragraph 14 insert—

15For the investigatory powers available to a local weights and measures authority or the Department of Enterprise, Trade and Investment in Northern Ireland for the purposes of the duty in paragraph 6, see Schedule 5 to the Consumer Rights Act 2015.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I295Sch. 6 para. 11 in force at 1.10.2015 by S.I. 2015/1630, art. 3(i) (with art. 8)

Consumer Credit Act 1974 (c. 39)E+W+S+N.I.

12The Consumer Credit Act 1974 is amended as follows.E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I296Sch. 6 para. 12 in force at 1.10.2015 by S.I. 2015/1630, art. 3(i) (with art. 8)

13In section 161 (enforcement authorities), after subsection (1A) insert—E+W+S+N.I.

(1B)For the investigatory powers available to a local weights and measures authority or the Department of Enterprise, Trade and Investment in Northern Ireland for the purposes of the duty in subsection (1), see Schedule 5 to the Consumer Rights Act 2015.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I297Sch. 6 para. 13 in force at 1.10.2015 by S.I. 2015/1630, art. 3(i) (with art. 8)

14Omit section 162 (powers of entry and inspection).E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I298Sch. 6 para. 14 in force at 1.10.2015 by S.I. 2015/1630, art. 3(i) (with art. 8)

15Omit section 163 (compensation for loss).E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I299Sch. 6 para. 15 in force at 1.10.2015 by S.I. 2015/1630, art. 3(i) (with art. 8)

16Omit section 164 (power to make test purchases etc).E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I300Sch. 6 para. 16 in force at 1.10.2015 by S.I. 2015/1630, art. 3(i) (with art. 8)

17Omit section 165 (obstruction of authorised officers).E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I301Sch. 6 para. 17 in force at 1.10.2015 by S.I. 2015/1630, art. 3(i) (with art. 8)

18In Schedule 1 (prosecution and punishment of offences) omit the entries for sections 162(6), 165(1) and 165(2).E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I302Sch. 6 para. 18 in force at 1.10.2015 by S.I. 2015/1630, art. 3(i) (with art. 8)

Estate Agents Act 1979 (c. 38)E+W+S+N.I.

19The Estate Agents Act 1979 is amended as follows.E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I303Sch. 6 para. 19 in force at 1.10.2015 by S.I. 2015/1630, art. 3(i) (with art. 8)

20In section 3(1)(cb) (power to make orders prohibiting unfit persons from doing estate agency work: failure to comply with section 9(1) or 11(1A)(b)) for “section 9(1) or 11(1A)(b) below” substitute “ paragraph 14 or 27 of Schedule 5 to the Consumer Rights Act 2015 ”.E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I304Sch. 6 para. 20 in force at 1.10.2015 by S.I. 2015/1630, art. 3(i) (with art. 8)

21In section 9 (information for the lead enforcement authority) omit subsections (1) to (4).E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I305Sch. 6 para. 21 in force at 1.10.2015 by S.I. 2015/1630, art. 3(i) (with art. 8)

22Omit section 11 (powers of entry and inspection).E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I306Sch. 6 para. 22 in force at 1.10.2015 by S.I. 2015/1630, art. 3(i) (with art. 8)

23Omit section 11A (failure to produce information).E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I307Sch. 6 para. 23 in force at 1.10.2015 by S.I. 2015/1630, art. 3(i) (with art. 8)

24In section 26 (enforcement authorities), after subsection (1) insert—E+W+S+N.I.

(1A)For the investigatory powers available to an authority for the purposes of the duty in subsection (1), see Schedule 5 to the Consumer Rights Act 2015.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I308Sch. 6 para. 24 in force at 1.10.2015 by S.I. 2015/1630, art. 3(i) (with art. 8)

25Omit section 27 (obstruction and personation of authorised officers).E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I309Sch. 6 para. 25 in force at 1.10.2015 by S.I. 2015/1630, art. 3(i) (with art. 8)

26(1)Paragraph 14 of Schedule 2 (applications under sections 6(1) and 8(3)) is amended as follows.E+W+S+N.I.

(2)For “section 9 of this Act” substitute “ paragraph 14 of Schedule 5 to the Consumer Rights Act 2015 ”.

(3)Omit “or the production of documents”.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I310Sch. 6 para. 26 in force at 1.10.2015 by S.I. 2015/1630, art. 3(i) (with art. 8)

Video Recordings Act 1984 (c. 39)E+W+S+N.I.

27(1)Section 16A of the Video Recordings Act 1984 (enforcement) is amended as follows.E+W+S+N.I.

(2)Omit subsections (1A), (1B) and (2).

(3)In subsection (4)—

(a)for “Subsections (1) and (1A)” substitute “ Subsection (1) ”, and

(b)omit the words from “For that purpose” to the end of the subsection.

(4)After that subsection insert—

(4ZA)For the investigatory powers available to a local weights and measures authority or the Department of Enterprise, Trade and Investment in Northern Ireland for the purposes of the functions in this section, see Schedule 5 to the Consumer Rights Act 2015.

(5)Omit subsection (4A).

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I311Sch. 6 para. 27 in force at 1.10.2015 by S.I. 2015/1630, art. 3(i) (with art. 8)

Weights and Measures Act 1985 (c. 72)E+W+S+N.I.

28The Weights and Measures Act 1985 is amended as follows.E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I312Sch. 6 para. 28 in force at 1.10.2015 by S.I. 2015/1630, art. 3(i) (with art. 8)

29In section 38(2) (special powers of inspectors with respect to certain goods) for “section 79 below” substitute “ Schedule 5 to the Consumer Rights Act 2015 ”.E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I313Sch. 6 para. 29 in force at 1.10.2015 by S.I. 2015/1630, art. 3(i) (with art. 8)

30Omit section 42 (power to make test purchases).E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I314Sch. 6 para. 30 in force at 1.10.2015 by S.I. 2015/1630, art. 3(i) (with art. 8)

31Omit section 79 (general powers of inspection and entry).E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I315Sch. 6 para. 31 in force at 1.10.2015 by S.I. 2015/1630, art. 3(i) (with art. 8)

32Before section 80 insert—E+W+S+N.I.

79AInvestigatory powers

For the investigatory powers available to a local weights and measures authority for the purposes of the enforcement of this Act, see Schedule 5 to the Consumer Rights Act 2015.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I316Sch. 6 para. 32 in force at 1.10.2015 by S.I. 2015/1630, art. 3(i) (with art. 8)

33In section 80 omit “or the packaged goods regulations”.E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I317Sch. 6 para. 33 in force at 1.10.2015 by S.I. 2015/1630, art. 3(i) (with art. 8)

34In section 81(1)(b) (failure to provide assistance or information) omit “or under this Part of this Act”.E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I318Sch. 6 para. 34 in force at 1.10.2015 by S.I. 2015/1630, art. 3(i) (with art. 8)

35(1)Section 84 (penalties) is amended as follows.E+W+S+N.I.

(2)In subsection (2), after the entry for section 20(8) insert—

section 80;

section 81(1);

section 81(2);.

(3)Omit subsection (5).

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I319Sch. 6 para. 35 in force at 1.10.2015 by S.I. 2015/1630, art. 3(i) (with art. 8)

36In paragraph 21(2)(b) of Schedule 11 (application of provisions applying to inspectors to persons authorised under the Weights and Measures Act 1963) omit “and except in section 79(3)”.E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I320Sch. 6 para. 36 in force at 1.10.2015 by S.I. 2015/1630, art. 3(i) (with art. 8)

Consumer Protection Act 1987 (c. 43)E+W+S+N.I.

37The Consumer Protection Act 1987 is amended as follows.E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I321Sch. 6 para. 37 in force at 1.10.2015 by S.I. 2015/1630, art. 3(i) (with art. 8)

38In section 27 (enforcement) after subsection (3) insert—E+W+S+N.I.

(3A)For the investigatory powers available to a person for the purposes of the duty imposed by subsection (1), see Schedule 5 to the Consumer Rights Act 2015 (as well as section 29).

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I322Sch. 6 para. 38 in force at 1.10.2015 by S.I. 2015/1630, art. 3(i) (with art. 8)

39Omit section 28 (test purchases).E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I323Sch. 6 para. 39 in force at 1.10.2015 by S.I. 2015/1630, art. 3(i) (with art. 8)

40(1)Section 29 (powers of search etc) is amended as follows.E+W+S+N.I.

(2)In subsection (1) for “any of the powers conferred by the following provisions of this section” substitute “ the power conferred by subsection (4) ”.

(3)Omit subsections (2), (3), (5) and (6).

(4)In subsection (7) omit—

(a)“, (5) or (6)”, and

(b)“or records”.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I324Sch. 6 para. 40 in force at 1.10.2015 by S.I. 2015/1630, art. 3(i) (with art. 8)

41(1)Section 30 (provisions supplemental to section 29) is amended as follows.E+W+S+N.I.

(2)In subsection (1)—

(a)for “29” substitute “ 29(4) ”, and

(b)omit “or records” in both places.

(3)In subsection (2)(a)(i)—

(a)omit “goods or”, and

(b)for “29” substitute “ 29(4) ”.

(4)In subsection (3) omit “section 29 above or”.

(5)In each of subsections (5), (6) and (7) for “29” substitute “ 29(4) ”.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I325Sch. 6 para. 41 in force at 1.10.2015 by S.I. 2015/1630, art. 3(i) (with art. 8)

42In section 31(1) (power of customs officer to detain goods) for “or under this Part” substitute “ section 29(4) of this Act or Schedule 5 to the Consumer Rights Act 2015 ”.E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority