The Consumer Protection (Enforcement) (Amendment etc.) (EU Exit) Regulations 2019

PART 5 Transitional provisions

Post-exit day enforcement of Community infringements: general rule

9.—(1) Subject to regulation 10, the amendments in regulations 3 and 4 and the revocations in regulation 7 do not apply in relation to any Community infringement or suspected Community infringement to the extent that it occurred (or is suspected to have occurred) before exit day.

(2) “Community infringement” has the meaning given by section 212 of the 2002 Act before these Regulations come into force.

Post-exit day enforcement of Community infringements: exceptions to general rule

10.—(1) A Community enforcer may not, after exit day—

(a) exercise any function under Part 8 of the 2002 Act, or

(b) continue any proceedings relating to an application made to a court under that Part prior to exit day, and any such proceedings that have not been determined before exit day are deemed to be withdrawn.

(2) The deemed withdrawal of proceedings under paragraph (1)(b) does not prevent another enforcer from making an application to court under Part 8 of the 2002 Act in relation to the infringement, or suspected infringement, in question.

(3) In paragraph (1) a “Community enforcer” has the meaning given by section 213 of the 2002 Act before these Regulations come into force and in paragraph (2) “another enforcer” means an enforcer under that section after these Regulations come into force.

(4) Regulation 9 does not apply to regulation 3(4)(c).