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The Consumer Protection from Unfair Trading Regulations 2008

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Regulation 30(3)

SCHEDULE 4Repeals and Revocations

This schedulenoteType=Explanatory Memorandum has no associated

PART 1Repeals

Short titleChapterExtent of repeal
The repeal of sections 29 to 33 of the Fair Trading Act 1973 has effect in accordance with paragraph 15 of Schedule 2.
Anglo-Portuguese Commercial Treaty Act 1914c.1In section 1, the words from “Provided that” to the end.
Anglo-Portuguese Commercial Treaty Act 1916c.39In section 1(1), the words from “Provided that” to the end.
Agricultural Produce (Grading and Marking) Act 1928c.19In section 4(2), the words “or an order under section 8 of the Trade Descriptions Act 1968”.
Fraudulent Mediums Act 1951c.33The whole Act.
Trading Representations (Disabled Persons) Act 1958c.49The whole Act.
The Trading Representations (Disabled Persons) Act (Northern Ireland) 1958c.24 (N.I.)The whole Act.
Mock Auctions Act 1961c.47The whole Act.
Trade Descriptions Act 1968c.29

Section 1(1).

Sections 5 to 10.

Sections 13 to 15.

Section 19(4)(b) and (c).

Section 21(1) and (2).

Section 22.

Section 24(3).

Section 32.

Section 37.

Section 39(2).

Trading Representations (Disabled Persons) Amendment Act 1972c.45The whole Act.
Local Government Act 1972c.70In Schedule 29, paragraph 44(2).
Greater London Council (General Powers) Act 1972c.xlIn section 17(5), the word “or” at the end of paragraph (b).
Fair Trading Act 1973c.41

Sections 23 to 33.

In section 132(1), the words “section 23,”.

Hallmarking Act 1973c.43Section 1(4).
Consumer Credit Act 1974c.39

Section 46.

In section 47, the words “or 46”.

Section 77(4)(b) and the word “and” preceding it.

Section 78(6)(b) and the word “and” preceding it.

Section 79(3)(b) and the word “and” preceding it.

Section 85(2)(b) and the word “and” preceding it.

Section 97(3)(b) and the word “and” preceding it.

Section 103(5).

Section 107(4)(b) and the word “and” preceding it.

Section 108(4)(b) and the word “and” preceding it.

Section 109(3)(b) and the word “and” preceding it.

Section 110(3)(b) and the word “and” preceding it.

In section 151, the words “, 46”.

In Schedule 1, the entries for sections 46(1), 77(4), 78(6), 79(3), 85(2), 97(3), 103(5), 107(4), 108(4), 109(3) and 110(3).

Customs and Excise Management Act 1979c.2In Schedule 4, in paragraph 12, the entry relating to the Trade Descriptions Act 1968.
Telecommunications Act 1984c.12In section 101(3), the paragraph (i) relating to the Control of Misleading Advertisements Regulations 1988.
Companies Act 1985c.6In Schedule 15D, paragraph 17(h).
Weights and Measures Act 1985c.72

Section 29.

In Schedule 12, paragraphs 3 and 4.

Airports Act 1986c.31Section 74(3)(j).
Consumer Protection Act 1987c.43

Sections 20 to 26.

In section 27(1)(a), the words “and the provisions made by or under Part III of this Act”.

In section 28—

(a)

in subsection (1), the words “or any provision made by or under Part III of this Act” , and

(b)

in subsection(2)(b)(i), the words “or of any provision made by or under Part III of this Act”.

In section 29, in each of subsections (2), (5) (6)(a) and (7), the words “or of any provision made by or under Part III of this Act”.

In section 30, in each of subsections (2)(a)(i) and (6)(a), the words “or of any provision made by or under Part III of this Act”.

In section 33, in each of subsections (2)(a)(i) and (3)(a)(i), the words “or of any provision made by or under Part III of this Act”.

In section 34(1)(a), the words “or of any provision made by or under Part III of this Act”.

In section 35(1)(a), the words “or of any provision made by or under Part III of this Act”.

In section 41, in each of subsections (2) and (3), the words “or of a provision made by or under Part III of this Act”.

In section 46(4), the words “or any provision made by or under Part III of this Act”.

County of Cleveland Act 1987c.ixSection 23(6) and (7).
Road Traffic Act 1988c.52In section 80(1)—
(a)

the words from “, and any markings” to the end, and

(b)

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

Courts and Legal Services Act 1990c.41In section 50(2)(m)—
(a)

in sub-paragraph (ii), the words “(other than Part II)”, and

(b)

sub-paragraph (viii).

Broadcasting Act 1990c.42In Schedule 20, paragraphs 48 and 49.
Water Industry Act 1991c.56In Schedule 15, in Part 2, the words from “Any subordinate legislation” to the end.
Water Resources Act 1991c.57In Schedule 24, in Part 2, the words from “Any subordinate legislation” to the end.
North Yorkshire County Council Act 1991c.xivSection 6(6) and (7).
Local Government (Wales) Act 1994c.19In Schedule 16, paragraph 13.
Coal Industry Act 1994c.21Section 59(4)(m).
Local Government (Scotland) Act 1994c.39In Schedule 13, paragraph 51.
Employment Rights Act 1996c.18In Schedule 1, paragraph 34.
London Local Authorities Act 1996c.ix

Section 16.

Section 18(3).

Utilities Act 2000c.27Section 105(6)(k).
Abolition of Feudal Tenure etc (Scotland) Act 2000asp 5In Schedule 12, paragraph 49.
Criminal Justice and Police Act 2001c.16

Section 66(4)(i).

In Schedule 1, paragraph 46.

In Schedule 2, paragraphs 4 and 9.

Kent County Council Act 2001c.iiiSection 13.
Medway Council Act 2001c.ivSection 13.
Enterprise Act 2002c.40

Section 10(2) to (4).

In Schedule 13, paragraphs 1 and 7A.

In Schedule 14, in the entry in respect of the Fair Trading Act 1973, the word “2”.

In Schedule 25, paragraphs 16 and 17.

Nottingham City Council Act 2003c.iiSection 12.
Companies Act 2006c.46In Schedule 2, paragraph 34(h).

PART 2Revocations

TitleReferenceExtent of revocation
Tourism (Sleeping Accommodation Price Display) Order 1977S.I. 1977/1877The whole Order.
Weights and Measures (Northern Ireland) Order 1981S.I. 1981/231 (N.I. 10)

Article 22(2).

In Schedule 10, paragraph 2.

Road Vehicles (Construction and Use) Regulations 1986S.I. 1986/1078Regulation 5
The Companies (Northern Ireland) Order 1986S.I. 1986/1032 (N.I. 6)In Schedule 15D, paragraph 16(h).
Consumer Protection (Northern Ireland) Order 1987S.I. 1987/2049 (N.I. 20)Articles 13 to 27, 30 and 33.
Control of Misleading Advertising Regulations 1988S.I. 1988/915The whole Regulations.
Road Vehicles Lighting Regulations 1989S.I. 1989/1796Regulation 10.
Estate Agents (Specified Offences) (No.2) Order 1991S.I. 1991/1091In the Schedule, the entries for the Consumer Protection Act 1987 and the Consumer Protection (Northern Ireland) Order 1987; and in the entry for the Trade Descriptions Act 1968–

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

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

Airports (Northern Ireland) Order 1994S.I, 1994/426 (N.I.1)Article 49(3)(l).
Motor Cycle Silencer and Exhaust Systems Regulations 1995S.I. 1995/2370Regulation 7.
Energy Information (Washing Machines) Regulations 1996S.I. 1996/600In Schedule 5, paragraph 15(3)(i).
Energy Information (Tumble Driers) Regulations 1996S.I. 1996/601In Schedule 5, paragraph 15(3)(i).
Energy Information (Combined Washer-Driers) Regulations 1997S.I. 1997/1624In Schedule 5, paragraph 15(3)(i).
Motor Cycles (Protective Helmets) Regulations 1998S.I. 1998/1807In regulation 6, the words “the Trade Descriptions Act 1968 or”.
Motor Cycles (Protective Headgear) Regulations (Northern Ireland) 1999S.R. (NI) 1999 No 170In regulation 4, the words “the Trade Descriptions Act 1968 ”.
Motor Vehicles (Construction and Use) Regulations (Northern Ireland) 1999S.R. (NI) 1999 No 454Regulation 4.
Energy Information (Lamps) Regulations 1999S.I. 1999/1517In Schedule 4, paragraph 12(3)(i).
Energy Information (Dishwashers) Regulations 1999S.I. 1999/1676In Schedule 5, paragraph 12(3)(i).
The Road Vehicles Lighting Regulations (Northern Ireland) 2000S.R. (NI) 2000 No 169Regulation 12.
Control of Misleading Advertisements (Amendment) Regulations 2000S.I. 2000/914The whole Regulations.
Consumer Protection (Distance Selling) Regulations 2000S.I. 2000/2334Regulation 24(4), (5), (7), (8) and (9).
Energy (Northern Ireland) Order 2003S.I. 2003/419 (N.I.6)Article 63(6)(m).
Energy Information (Household Electric Ovens) Regulations 2003S.I. 2003/752In Schedule 6, paragraph 12(3)(i).
Enterprise Act 2002 (Part 8 Community Infringements Specified UK Laws) Order 2003S.I. 2003/1374In the Schedule, the entry for Council Directive 84/450/EEC, and in the entry for Directive 1999/44/EC, in the column headed “Specified UK laws”, in sub-paragraph (iv), the words “and articles 4 and 5 of the Consumer Transactions (Restrictions on Statements) Order 1976 (consumer guarantees)”.
Enterprise Act 2002 (Part 8 Notice to OFT of Intended Prosecution, Specified Enactments, Revocation and Transitional Provision) Order 2003S.I. 2003/1376

In the Schedule, the entries for—

the Fair Trading Act 1973; and

the Mock Auctions Act 1961; and

in the entry for the Consumer Protection Act 1987, in the column headed “Extent of Specification”, the words “and all offences under Part III (misleading price indications)”; and

in the entry for the Weights and Measures Act 1985, in the column headed “Extent of Specification”, the words “29 misrepresentation”.

Enterprise Act 2002 (Part 9 Restrictions on Disclosure of Information (Amendment and Specification) Order 2003S.I. 2003/1400

In Schedule 3, the words “Control of Misleading Advertisements Regulations 1988”.

In Schedule 4 the words “Control of Misleading Advertisements Regulations 1988”.

Enterprise Act 2002 (Part 8 Domestic Infringements) Order 2003S.I. 2003/1593

In the Schedule the entries for—

the Business Advertisements (Disclosure) Order 1977;

the Consumer Protection Act 1987;

the Consumer Transactions (Restriction on Statements) Order 1976;

the Control of Misleading Advertisements Regulations 1988;

the Mock Auctions Act 1961;

the Consumer Protection (Northern Ireland) Order 1987, and

in the entry for the Weights and Measures Act 1985, the words “29 (misrepresentation)”.

Price Marking (Food and Drink) Services Order 2003S.I. 2003/2253The whole Order.
Control of Misleading Advertisements (Amendment) Regulations 2003S.I. 2003/3183The whole Regulations.
Price Marking (Food and Drink) Services Order (Northern Ireland) 2004S.R.(NI) 2004 No 369The whole Order.
Energy Information (Household Refrigerators and Freezers) Regulations 2004S.I. 2004/1468In Schedule 6, paragraph 12(3)(h).
Consumer Credit (Advertisements) Regulations 2004S.I. 2004/1484

In regulation 1(2) the definitions of “hire advertisement” and of “hire payment”.

In regulation 2, the words “or a hire advertisement”.

In regulation 3, the words “or hire advertisement”.

In regulation 4—

(a)

in paragraph (1), the words from “, and where a hire advertisement” to “Schedule 3 to these Regulations,”.

(b)

in paragraph (2), the words from “in the case of credit advertisement” to “in the case of a hire advertisement,”

(c)

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

In regulation 7—

(a)

in paragraph (1), the words “or hire advertisement”.

(b)

paragraphs (5) and (7).

In regulation 9(2), the words “, and a hire advertisement shall not include in relation to any hire payment,”.

Schedule 3.

Contracting Out (Functions relating to Broadcast Advertising) and Specification of Relevant Functions Order 2004S.I. 2004/1975

In article 2(1), the definition of “the 1988 Regulations”.

Article 6.

Article 8(3)(e) and the word “and” preceding it.

In article 12, in each of paragraphs (1)(a) and (2), the word “,6”.

Financial Services (Distance Marketing) Regulations 2004S.I. 2004/2095

Regulation 15(2), (3), (5), (6) and (7).

In regulation 22, in each of paragraphs (2), (4) and (5), the words “, or under regulation 15(2) or (3),”.

Water and Sewerage Services (Northern Ireland) Order 2006S.I. 2006/3336 (N.I.21)Article 265(5)(h).
Legislative and Regulatory Reform (Regulatory Functions) Order 2007S.I. 2007/3544In the Schedule, in Part 3, the words “Textile Products (Determination of Composition) Regulations 2006”.

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