The Consumer Rights Act 2015 (Consequential Amendments) Order 2015

EXPLANATORY NOTE

(This note is not part of the Order)

This Order makes amendments to legislation in consequence of provisions of the Consumer Rights Act 2015 (“the Act”).

Paragraph 1 of the Schedule amends the Uniform Laws on International Sales Act 1967 by inserting references to certain provisions of the Act in relation to the sales of goods to consumers, to supplement existing references to provisions of the Sale of Goods Act 1979 (c. 54) which the Act disapplies for sales to consumers. The effect is to identify the specified provisions of the Act as mandatory provisions of UK law, in the event of a choice to apply to a contract the Convention relating to a Uniform Law on the International Sale of Goods (set out in Schedule 1 to the Uniform Laws on International Sales Act 1967). Article 3 provides that this amendment applies only to contracts entered into on or after 1st October 2015.

Paragraphs 2 to 4 of the Schedule amend Schedules 14 and 15 to the Enterprise Act 2002 by inserting references to Chapter 5 of Part 3 of and (in Schedule 14 only) Schedule 3 to the Act. This will enable public authorities to share information obtained in connection with the exercise of a function under those provisions of the Act, in particular to facilitate the exercise of a function another person has by virtue of those provisions of the Act. It will also permit information to be disclosed for the purposes of criminal proceedings and certain specified civil proceedings.

Paragraph 5 of the Schedule amends Schedule 3 to the Regulatory Enforcement and Sanctions Act 2008 (“the 2008 Act”) by adding a reference to certain provisions of the Act. This enables arrangements under the 2008 Act for oversight of local authority functions and co-ordination of regulatory enforcement by local authorities to be applied in relation to enforcement by local authorities of Part 2 and Chapter 5 of Part 3 of the Act, in addition to Part 1.

Paragraph 6 of the Schedule amends Schedule 5 to the Act by adding the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (“the 2013 Regulations”) to the list of legislation to which the investigatory powers in Schedule 5 apply. This enables those responsible for enforcing the 2013 Regulations to use the investigatory powers provided by Schedule 5 to the Act. Paragraph 7 of the Schedule make amendments consequential on this by removing the existing investigatory powers from the 2013 Regulations. These powers are no longer required following the application of Schedule 5 to the Act and a reference to investigatory powers of the 2013 Regulations will be a reference to Schedule 5 to the Act. Article 4 makes transitional provision in respect of this change.

An impact assessment has not been prepared for this instrument as no significant impact on the private, voluntary or public sector is foreseen.