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There are currently no known outstanding effects for the The Business Protection from Misleading Marketing Regulations 2008, Section 2.
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2.—(1) In these Regulations—
“advertising” means any form of representation which is made in connection with a trade, business, craft or profession in order to promote the supply or transfer of a product and “advertiser” shall be construed accordingly;
[F1“CMA” means the Competition and Markets Authority;]
“code owner” means a trader or a body responsible for—
the formulation and revision of a code of conduct; or
monitoring compliance with the code by those who have undertaken to be bound by it;
“comparative advertising” means advertising which in any way, either explicitly or by implication, identifies a competitor or a product offered by a competitor;
“court”, in relation to England and Wales and Northern Ireland, means a county court or the High Court, and, in relation to Scotland, the sheriff or the Court of Session;
[F2“DETINI” means the Department of Enterprise, Trade and Investment in Northern Ireland;]
[F3“enforcement authority” means the [F4CMA], every local weights and measures authority, DETINI and GEMA;]
[F5“GEMA” means the Gas and Electricity Markets Authority;]
“goods” includes ships, aircraft, animals, things attached to land and growing crops;
[F6“local weights and measures authority” means a local weights and measures authority in Great Britain (within the meaning of section 69 of the Weights and Measures Act 1985);]
F7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“premises” includes any place and any stall, vehicle, ship or aircraft;
“product” means any goods or services and includes immovable property, rights and obligations;
“ship” includes any boat and any other description of vessel used in navigation; and
“trader” means any person who is acting for purposes relating to his trade, craft, business or profession and anyone acting in the name of or on behalf of a trader.
(2) In the application of these Regulations to Scotland for references to an “injunction” or an “interim injunction” there shall be substituted references to an “ “interdict ” or an “ “interim interdict ” respectively.
Textual Amendments
F1Words in reg. 2(1) inserted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) (No. 2) Order 2014 (S.I. 2014/549), art. 1(1), Sch. 1 para. 34(2)(c) (with art. 3)
F2Words in reg. 2 inserted (28.3.2013) by The Public Bodies (The Office of Fair Trading Transfer of Consumer Advice Scheme Function and Modification of Enforcement Functions) Order 2013 (S.I. 2013/783), arts. 1(2), 12(2)(a)
F3Words in reg. 2 substituted (14.11.2013) by The Business Protection from Misleading Marketing (Amendment) Regulations 2013 (S.I. 2013/2701), regs. 1, 3(a)
F4Word in reg. 2(1) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) (No. 2) Order 2014 (S.I. 2014/549), art. 1(1), Sch. 1 para. 34(2)(a) (with art. 3)
F5Words in reg. 2 inserted (14.11.2013) by The Business Protection from Misleading Marketing (Amendment) Regulations 2013 (S.I. 2013/2701), regs. 1, 3(b)
F6Words in reg. 2 inserted (28.3.2013) by The Public Bodies (The Office of Fair Trading Transfer of Consumer Advice Scheme Function and Modification of Enforcement Functions) Order 2013 (S.I. 2013/783), arts. 1(2), 12(2)(c)
F7Words in reg. 2(1) omitted (1.4.2014) by virtue of The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) (No. 2) Order 2014 (S.I. 2014/549), art. 1(1), Sch. 1 para. 34(2)(b) (with art. 3)
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