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The Consumer Rights Act 2015 (Enforcement) (Amendment) Order 2019

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This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Consumer Rights Act 2015 (Enforcement) (Amendment) Order 2019 No. 1074

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends paragraph 10 of Schedule 5 to the Consumer Rights Act 2015, updating the entries listed in that paragraph.

Paragraph 10 lists provisions in legislation or notices which the domestic enforcer has a duty or power to enforce.

Article 2(a) modifies the existing entry for “paragraph 1(a) of Schedule 10 to the Personal Protective Equipment Regulations 2002 (S.I. 2002/1144)” so it applies to the extent those Regulations are saved by virtue of regulation 2(6) of the Personal Protective Equipment (Enforcement) Regulations 2018 (S.I. 2018/390).

Article 2(b) modifies the existing entry for “regulation 10(1) of the General Product Safety Regulations 2005 (S.I. 2005/1803)” so that it applies instead to those parts of the General Product Safety Regulations 2005 (S.I. 2005/1803) which are duties and powers of an enforcement authority within the meaning of regulation 2 of those Regulations. This change does not restrict current enforcement capabilities but does enable the Secretary of State to use the investigatory powers provided by Schedule 5 to the Consumer Rights Act 2015 when enforcing the General Product Safety Regulations 2005.

Article 2(d) adds two entries to paragraph 10 for “regulation 4(1) and (2) of the Gas Appliances (Enforcement) and Miscellaneous Amendments Regulations 2018 (S.I. 2018/389)” and “regulation 4(1) and (2) of the Personal Protective Equipment (Enforcement) Regulations 2018 (S.I. 2018/390)” to enable those responsible for enforcing those Regulations to use the investigatory powers provided by Schedule 5 to the Consumer Rights Act 2015.

Article 2(c) contains a minor amendment to an entry in the list in paragraph 10 of Schedule 5 to the Consumer Rights Act 2015 and Article 3 contains another minor amendment to Schedule 3 to the Measuring Instruments Regulations 2016 (S.I. 2016/1153). These amendments are to correct an error.

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

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