2003 No. 1593

CONSUMER PROTECTION

The Enterprise Act 2002 (Part 8 Domestic Infringements) Order 2003

Made

Coming into force

Whereas the Secretary of State laid a draft of this Order before Parliament;

And whereas the said draft as so laid has been approved by resolution of each House of Parliament;

Now therefore the Secretary of State in exercise of the power conferred on her by section 211 of the Enterprise Act 20021 hereby makes the following Order:

Citation and commencement1

This Order may be cited as the Enterprise Act 2002 (Part 8 Domestic Infringements) Order 2003 and shall come into force on 20th June 2003.

Specified infringements2

There are hereby specified for the purposes of section 211(2) of the Enterprise Act 2002 (domestic infringements) acts or omissions which fall within section 211(2)(a) to (g) and are:

i

acts or omissions in respect of the enactments listed in Parts I and II of the Schedule to this Order and subordinate legislation made thereunder; or

ii

acts or omissions as set out in Part III of the Schedule.

Gerry Sutcliffe,Parliamentary Under-Secretary of State for Employment Relations, Competition and Consumers,Department of Trade and Industry

SCHEDULESPECIFIED ACTS OR OMISSIONS

Article 2

Part ILegislation of the United Kingdom Parliament

Legislation

Extent

Accommodation Agencies Act 19532

The whole Act

Administration of Justice Act 19703

Section 40 (unlawful harassment of debtors)

Business Advertisements (Disclosure) Order 19774

The whole Order

Business Names Act 19855

The whole Act

Cancer Act 19396

Sections 4, 5 and 7 (prohibition of certain advertisements relating to cancer)

Charities Act 19927

Sections 60, 61 and 63 (information requirements, cancellation rights and false statements in respect of fundraising)

Children and Young Persons Act 19338

Section 7(1) to (2) (prohibition on sale of tobacco to persons under 16)

Children and Young Persons (Protection from Tobacco) Act 19919

Section 4 (display of warning statements)

Children and Young Persons (Scotland) Act 193710

Section 18(1) to (2) (prohibition on sale of tobacco to persons under 16)

Companies Act 198511

Sections 348, 349 and 351 (company name to appear outside place of business and name and other particulars to appear in its correspondence)

Consumer Credit Act 197412

The whole Act

Consumer Protection Act 198713

Part III (misleading price indications)

Consumer Transactions (Restrictions on Statements) Order 197614

The whole Order

Control of Misleading Advertisements Regulations 198815

The whole Regulations

Copyright, Designs and Patents Act 198816

Sections 107 (making or dealing with infringing articles etc), 198 (making, dealing with or using illicit recordings), 297A (making and dealing with unauthorised decoders)17

Estate Agents Act 197918

The whole Act

Explosives Act 187519

Sections 3120 and 39 (prohibition on sale of explosives to persons apparently under 16) in their application to the sale in Northern Ireland of the fireworks listed in Schedule 1 to the Explosives (Fireworks) Regulations (Northern Ireland) 200221

Fireworks (Safety) Regulations 199722

Regulation 6 (prohibition on supply of fireworks to persons apparently under 18)

Hallmarking Act 197323

The whole Act

Intoxicating Substances (Supply) Act 198524

The whole Act

Lotteries and Amusements Act 197625

Part I (legal and illegal lotteries) and section 14 (prize competitions)

Malicious Communications Act 198826

The whole Act

Misrepresentation Act 196727

The whole Act

Mock Auctions Act 196128

The whole Act

National Lottery etc Act 199329

Sections 13 (contravention of regulations) and 16 (false representations)

Prices Act 197430

Section 4 (price marking)

Property Misdescriptions Act 199131

The whole Act

Protection from Harassment Act 199732

The whole Act

Road Traffic Act 198833

Sections 75 (vehicles not to be sold in unroadworthy condition etc) and 76 (fitting and supplying defective or unsuitable vehicle parts)

Sale of Goods Act 197934

The whole Act

Supply of Goods (Implied Terms) Act 197335

The whole Act

Supply of Goods and Services Act 198236

The whole Act

Timeshare Act 199237

The whole Act

Tobacco Advertising and Promotion Act 200238

The whole Act

Tobacco Products (Manufacture, Presentation and Sale) (Safety) Regulations 200239

The whole Regulations

Torts (Interference with Goods) Act 197740

Section 12 (power of sale of uncollected goods)

Trade Descriptions Act 196841

The whole Act

Trade Marks Act 199442

Section 92 (unauthorised use of trade marks etc in relation to goods)

Unfair Contract Terms Act 197743

The whole Act

Weights and Measures Act 198544

Sections 21 to 23, 25 (requirements to sell goods by particular quantities etc), 28 (short weight etc), 29 (misrepresentation), 30 (quantity less than stated), 31 (incorrect statements), 32 (offences due to default of third person), 50(5) and (6) (possession for sale, etc of inadequate regulated package)

Part IINorthern Ireland legislation

Legislation

Extent

Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 198545

Articles 131 to 135 (illegal lotteries etc) and 168 (prize competitions)

Business Names (Northern Ireland) Order 198646

The whole Order

Children and Young Persons (Protection from Tobacco) (Northern Ireland) Order 199147

Article 5 (display of warning statements)

Companies (Northern Ireland) Order 198648

Articles 356, 357 and 359 (company name to appear outside place of business and name and other particulars to appear in its correspondence)

Consumer Protection (Northern Ireland) Order 198749

Part III (misleading price indications)

Explosives (Fireworks) Regulations (Northern Ireland) 199950

Regulation 11(1) (requirement for notice as to underage sales)

Health and Personal Social Services (Northern Ireland) Order 197851

Articles 3 and 4 (prohibition on sale of tobacco to persons apparently under 16)

Misrepresentation Act (Northern Ireland) 196752

The whole Act

Malicious Communications (Northern Ireland) Order 198853

The whole Order

Protection from Harassment (Northern Ireland) Order 199754

The whole Order

Road Traffic (Northern Ireland) Order 199555

Articles 83 (vehicles not to be sold in unroadworthy condition etc) and 84 (fitting and supplying defective or unsuitable vehicle parts)

Weights and Measures (Northern Ireland) Order 198156

Articles 19(1) to (6), 20, 22 (requirements to sell goods by particular quantities, short weight, misrepresentation, quantity less than stated, incorrect statements, etc), 25(2) (offences due to default of third person) and 32(5) (possession for sale, etc, of inadequate regulated package)

Part IIIRules of law

An act done or omission made in breach of contract for the supply of goods or services to a consumer.

An act done or omission made in breach of a duty of care owed to a consumer under the law of tort or delict of negligence.

(This note is not part of the Order)

Part 8 of the Enterprise Act 2002 (“the Act”) enables persons and bodies which are general or designated enforcers to seek enforcement orders prohibiting domestic and Community infringements. Section 211(1) defines a domestic infringement as an act or omission done or made by a person in the course of a business which falls within section 211(2) and harms the collective interests of consumers in the United Kingdom. This Order specifies the enactments and rules of law in respect of which acts or omissions may, taken with the requirements of section 211(2)(a) to (g) of the Act, constitute domestic infringements.