The Footwear (Indication of Composition) Labelling Regulations 1995

Interpretation E+W+S

2.  In these Regulations—

“the Act of 1968” means the Trade Descriptions Act 1968;

“coated leather” means leather with a surface coating applied provided that the coating as applied does not exceed one third of the total thickness of the product and is in excess of 0.15mm;

F1 ...

“consumer” means any natural person who is acting for purposes which are outside his trade, business or profession;

“footwear” means all articles with applied soles designed to protect or cover the foot, including one or more of the main components when marketed separately;

“full grain leather” means a leather bearing the original grain surface as exposed by removal of the epidermis and with none of the surface removed by buffing, snuffing or splitting;

“leather” means hide or skin with its original fibrous structure more or less intact, tanned to be rot proof, with or without the original hair or wool; hide or skin which has been split into layers or segmented either before or after tanning, and leather with a surface coating, however applied, or a glued on finish, provided that such surface layers are not thicker than 0.15mm, but does not include tanned hide or skin disintegrated mechanically or chemically into fibrous particles, small pieces or powders and then with or without the combination of a binding agent, made into sheets or other forms;

“lining and sock” means the lining of the upper and the insole constituting the inside of the footwear article;

“main components” means the upper, the lining and sock and the outer sole;

“outer sole” means the bottom part of the footwear article, which is subject to abrasive wear and attached to the upper;

“responsible person” in relation to footwear means—

(a)

the manufacturer;

(b)

the manufacturer’s authorised agent established in [F2 Great Britain]; or

(c)

[F3 where neither the manufacturer nor his authorised agent is established in Great Britain, the person who first places the footwear on the market in Great Britain;]

“retailer” means any person who supplies footwear to consumers;

“supply” shall be construed in accordance with section 46 of the Consumer Protection Act 1987(1) and includes offering to supply, agreeing to supply, exposing for supply and possessing for supply, and cognate expressions shall be construed accordingly;

“textiles” shall mean all products covered by Directive 71/307/EEC(2) and amendments thereof; and

“upper” means the outer face of the structural element which is attached to the outer sole.

Textual Amendments

F1 Words in reg. 2 omitted (E.W.S.) (31.12.2020) by virtue of S.I. 2018/1326, reg. 9B(2)(a) (as inserted by The Consumer Protection (Enforcement) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1347), regs. 1(3), 4(7))

F2 Words in reg. 2 substituted (E.W.S.) (31.12.2020) by S.I. 2018/1326, reg. 9B(2)(b)(i) (as inserted by The Consumer Protection (Enforcement) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1347), regs. 1(3), 4(7))

F3 Words in reg. 2 substituted (E.W.S.) (31.12.2020) by S.I. 2018/1326, reg. 9B(2)(b)(ii) (as inserted by The Consumer Protection (Enforcement) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1347), regs. 1(3), 4(7))

Commencement Information

I1 Reg. 2 in force at 23.3.1996, see reg. 1

Interpretation N.I.

2.  In these Regulations—

“the Act of 1968” means the Trade Descriptions Act 1968;

“coated leather” means leather with a surface coating applied provided that the coating as applied does not exceed one third of the total thickness of the product and is in excess of 0.15mm;

“the [F4 European Union]” means the [F4 European Union] and other States in the European Economic Area;

“consumer” means any natural person who is acting for purposes which are outside his trade, business or profession;

“footwear” means all articles with applied soles designed to protect or cover the foot, including one or more of the main components when marketed separately;

“full grain leather” means a leather bearing the original grain surface as exposed by removal of the epidermis and with none of the surface removed by buffing, snuffing or splitting;

“leather” means hide or skin with its original fibrous structure more or less intact, tanned to be rot proof, with or without the original hair or wool; hide or skin which has been split into layers or segmented either before or after tanning, and leather with a surface coating, however applied, or a glued on finish, provided that such surface layers are not thicker than 0.15mm, but does not include tanned hide or skin disintegrated mechanically or chemically into fibrous particles, small pieces or powders and then with or without the combination of a binding agent, made into sheets or other forms;

“lining and sock” means the lining of the upper and the insole constituting the inside of the footwear article;

“main components” means the upper, the lining and sock and the outer sole;

“outer sole” means the bottom part of the footwear article, which is subject to abrasive wear and attached to the upper;

“responsible person” in relation to footwear means—

(a)

the manufacturer;

(b)

the manufacturer’s authorised agent established in the [F4 European Union] [F5 or in Northern Ireland]; or

(c)

[F6 where neither the manufacturer nor his authorised agent is established in the European Union or in Northern Ireland, the person who first places the footwear on the market in the European Union or in Northern Ireland;]

“retailer” means any person who supplies footwear to consumers;

“supply” shall be construed in accordance with section 46 of the Consumer Protection Act 1987(1) and includes offering to supply, agreeing to supply, exposing for supply and possessing for supply, and cognate expressions shall be construed accordingly;

“textiles” shall mean all products covered by Directive 71/307/EEC(2) and amendments thereof; and

“upper” means the outer face of the structural element which is attached to the outer sole.

Textual Amendments

F4 Words in Regulations substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 2, 3-6

F5 Words in reg. 2 inserted (N.I.) (31.12.2020) by S.I. 2018/1326, reg. 9D(2)(a) (as inserted by The Consumer Protection (Enforcement) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1347), regs. 1(3), 4(7))

F6 Words in reg. 2 substituted (N.I.) (31.12.2020) by S.I. 2018/1326, reg. 9D(2)(b) (as inserted by The Consumer Protection (Enforcement) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1347), regs. 1(3), 4(7))

Commencement Information

I2 Reg. 2 in force at 23.3.1996, see reg. 1

(1)

1987 c. 43.

(2)

O.J. No. L185, 16.8.1971, p.16, as amended by Coucil Directive 83/623/EEC (O.J. No. L353, 15.12.83, p.8) and Commission Directive 87/140/EEC (O.J. No. L56, 26.2.87, p.24).