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U.K.

Statutory Instruments

2008 No. 1277

CONSUMER PROTECTION

The Consumer Protection from Unfair Trading Regulations 2008

Made

8th May 2008

Coming into force

26th May 2008

The Secretary of State, being a Minister designated F1 for the purposes of section 2(2) of the European Communities Act 1972 F2 in relation to measures relating to consumer protection and to the control of advertising, makes the following Regulations in exercise of the powers conferred upon him by section 2(2) of that Act;

In accordance with paragraph 2(2) of Schedule 2 to that Act F3, a draft of this instrument was laid before Parliament and approved by a resolution of each House of Parliament.

PART 1U.K.GENERAL

Citation and commencementU.K.

1.  These Regulations may be cited as the Consumer Protection from Unfair Trading Regulations 2008 and shall come into force on 26th May 2008.

InterpretationU.K.

2.—(1) In these Regulations—

average consumer” shall be construed in accordance with paragraphs (2) to (6);

business” includes [F4]

(a)

a trade, craft or profession[F5, and

(b)

the activities of any government department or local or public authority;]

[F6CMA” means the Competition and Markets Authority;]

code of conduct” means an agreement or set of rules (which is not imposed by legal or administrative requirements), which defines the behaviour of traders who undertake to be bound by it in relation to one or more commercial practices or business sectors;

code owner” means a trader or a body responsible for—

(a)

the formulation and revision of a code of conduct; or

(b)

monitoring compliance with the code by those who have undertaken to be bound by it;

commercial practice” means any act, omission, course of conduct, representation or commercial communication (including advertising and marketing) by a trader, which is directly connected with the promotion, sale or supply of a product to or from consumers, whether occurring before, during or after a commercial transaction (if any) in relation to a product;

[F7“consumer” means an individual acting for purposes that are wholly or mainly outside that individual’s business;]

[F8DETINI” means “the Department of Enterprise, Trade and Investment in Northern Ireland;]

[F9“digital content” means data which are produced and supplied in digital form;]

[F10“enforcement authority” means the [F11CMA], every local weights and measures authority and DETINI;]

[F12“goods” means any tangible moveable items, but that includes water, gas and electricity if and only if they are put up for sale in a limited volume or set quantity;]

invitation to purchase” means a commercial communication which indicates characteristics of the product and the price in a way appropriate to the means of that commercial communication and thereby enables the consumer to make a purchase;

[F13“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);]

materially distort the economic behaviour” means in relation to an average consumer, appreciably to impair the average consumer's ability to make an informed decision thereby causing him to take a transactional decision that he would not have taken otherwise;

F14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

premises” includes any place and any stall, vehicle, ship or aircraft;

[F15“product” means—

(a)

goods,

(b)

a service,

(c)

digital content,

(d)

immoveable property,

(e)

rights or obligations, or

(f)

a product of the kind mentioned in paragraphs (1A) and (1B),

but the application of this definition to Part 4A is subject to regulations 27C and 27D;.]

professional diligence” means the standard of special skill and care which a trader may reasonably be expected to exercise towards consumers which is commensurate with either—

(a)

honest market practice in the trader's field of activity, or

(b)

the general principle of good faith in the trader's field of activity;

ship” includes any boat and any other description of vessel used in navigation;

[F16“trader”—

(a)

means a person acting for purposes relating to that person’s business, whether acting personally or through another person acting in the trader’s name or on the trader’s behalf, and

(b)

except in Part 4A, includes a person acting in the name of or on behalf of a trader;]

transactional decision” means any decision taken by a consumer, whether it is to act or to refrain from acting, concerning—

(a)

whether, how and on what terms to purchase, make payment in whole or in part for, retain or dispose of a product; or

(b)

whether, how and on what terms to exercise a contractual right in relation to a product.

[F17(but the application of this definition to regulations 5 and 7 as they apply for the purposes of Part 4A is subject to regulation 27B(2))]

[F18(1A) A trader (“T”) who demands payment from a consumer (“C”) in full or partial settlement of C’s liabilities or purported liabilities to T is to be treated for the purposes of these Regulations as offering to supply a product to C.

(1B) In such a case the product that T offers to supply comprises the full or partial settlement of those liabilities or purported liabilities.]

(2) In determining the effect of a commercial practice on the average consumer where the practice reaches or is addressed to a consumer or consumers account shall be taken of the material characteristics of such an average consumer including his being reasonably well informed, reasonably observant and circumspect.

(3) Paragraphs (4) and (5) set out the circumstances in which a reference to the average consumer shall be read as in addition referring to the average member of a particular group of consumers.

(4) In determining the effect of a commercial practice on the average consumer where the practice is directed to a particular group of consumers, a reference to the average consumer shall be read as referring to the average member of that group.

(5) In determining the effect of a commercial practice on the average consumer—

(a)where a clearly identifiable group of consumers is particularly vulnerable to the practice or the underlying product because of their mental or physical infirmity, age or credulity in a way which the trader could reasonably be expected to foresee, and

(b)where the practice is likely to materially distort the economic behaviour only of that group,

a reference to the average consumer shall be read as referring to the average member of that group.

(6) Paragraph (5) is without prejudice to the common and legitimate advertising practice of making exaggerated statements which are not meant to be taken literally.

F4Punctuation in reg. 2(1) inserted (with application in accordance with reg. 1(3) of the amending S.I.) by The Consumer Protection (Amendment) Regulations 2014 (S.I. 2014/870), regs. 1(3), 2(2)(a)

F5Words in reg. 2(1) inserted (with application in accordance with reg. 1(3) of the amending S.I.) by The Consumer Protection (Amendment) Regulations 2014 (S.I. 2014/870), regs. 1(3), 2(2)(b)

F7Words in reg. 2(1) substituted (with application in accordance with reg. 1(3) of the amending S.I.) by The Consumer Protection (Amendment) Regulations 2014 (S.I. 2014/870), regs. 1(3), 2(3)

F9Words in reg. 2(1) inserted (with application in accordance with reg. 1(3) of the amending S.I.) by The Consumer Protection (Amendment) Regulations 2014 (S.I. 2014/870), regs. 1(3), 2(4)

F12Words in reg. 2(1) substituted (with application in accordance with reg. 1(3) of the amending S.I.) by The Consumer Protection (Amendment) Regulations 2014 (S.I. 2014/870), regs. 1(3), 2(5)

F15Words in reg. 2(1) substituted (with application in accordance with reg. 1(3) of the amending S.I.) by The Consumer Protection (Amendment) Regulations 2014 (S.I. 2014/870), regs. 1(3), 2(6)

F16Words in reg. 2(1) substituted (with application in accordance with reg. 1(3) of the amending S.I.) by The Consumer Protection (Amendment) Regulations 2014 (S.I. 2014/870), regs. 1(3), 2(7)

F17Words in reg. 2(1) inserted (with application in accordance with reg. 1(3) of the amending S.I.) by The Consumer Protection (Amendment) Regulations 2014 (S.I. 2014/870), regs. 1(3), 2(8)

F18Reg. 2(1A)(1B) inserted (with application in accordance with reg. 1(3) of the amending S.I.) by The Consumer Protection (Amendment) Regulations 2014 (S.I. 2014/870), regs. 1(3), 2(9)

PART 2U.K.PROHIBITIONS

Prohibition of unfair commercial practicesU.K.

3.—(1) Unfair commercial practices are prohibited.

(2) Paragraphs (3) and (4) set out the circumstances when a commercial practice is unfair.

(3) A commercial practice is unfair if—

(a)it contravenes the requirements of professional diligence; and

(b)it materially distorts or is likely to materially distort the economic behaviour of the average consumer with regard to the product.

(4) A commercial practice is unfair if—

(a)it is a misleading action under the provisions of regulation 5;

(b)it is a misleading omission under the provisions of regulation 6;

(c)it is aggressive under the provisions of regulation 7; or

(d)it is listed in Schedule 1.

Prohibition of the promotion of unfair commercial practicesU.K.

4.  The promotion of any unfair commercial practice by a code owner in a code of conduct is prohibited.

Misleading actionsU.K.

5.—(1) A commercial practice is a misleading action if it satisfies the conditions in either paragraph (2) or paragraph (3).

(2) A commercial practice satisfies the conditions of this paragraph—

(a)if it contains false information and is therefore untruthful in relation to any of the matters in paragraph (4) or if it or its overall presentation in any way deceives or is likely to deceive the average consumer in relation to any of the matters in that paragraph, even if the information is factually correct; and

(b)it causes or is likely to cause the average consumer to take a transactional decision he would not have taken otherwise.

(3) A commercial practice satisfies the conditions of this paragraph if—

(a)it concerns any marketing of a product (including comparative advertising) which creates confusion with any products, trade marks, trade names or other distinguishing marks of a competitor; or

(b)it concerns any failure by a trader to comply with a commitment contained in a code of conduct which the trader has undertaken to comply with, if—

(i)the trader indicates in a commercial practice that he is bound by that code of conduct, and

(ii)the commitment is firm and capable of being verified and is not aspirational,

and it causes or is likely to cause the average consumer to take a transactional decision he would not have taken otherwise, taking account of its factual context and of all its features and circumstances.

(4) The matters referred to in paragraph (2)(a) are—

(a)the existence or nature of the product;

(b)the main characteristics of the product (as defined in paragraph 5);

(c)the extent of the trader's commitments;

(d)the motives for the commercial practice;

(e)the nature of the sales process;

(f)any statement or symbol relating to direct or indirect sponsorship or approval of the trader or the product;

(g)the price or the manner in which the price is calculated;

(h)the existence of a specific price advantage;

(i)the need for a service, part, replacement or repair;

(j)the nature, attributes and rights of the trader (as defined in paragraph 6);

(k)the consumer's rights or the risks he may face.

(5) In paragraph (4)(b), the “main characteristics of the product” include—

(a)availability of the product;

(b)benefits of the product;

(c)risks of the product;

(d)execution of the product;

(e)composition of the product;

(f)accessories of the product;

(g)after-sale customer assistance concerning the product;

(h)the handling of complaints about the product;

(i)the method and date of manufacture of the product;

(j)the method and date of provision of the product;

(k)delivery of the product;

(l)fitness for purpose of the product;

(m)usage of the product;

(n)quantity of the product;

(o)specification of the product;

(p)geographical or commercial origin of the product;

(q)results to be expected from use of the product; and

(r)results and material features of tests or checks carried out on the product.

(6) In paragraph (4)(j), the “nature, attributes and rights” as far as concern the trader include the trader's—

(a)identity;

(b)assets;

(c)qualifications;

(d)status;

(e)approval;

(f)affiliations or connections;

(g)ownership of industrial, commercial or intellectual property rights; and

(h)awards and distinctions.

(7) In paragraph (4)(k) “consumer's rights” include rights the consumer may have under [F19sections 19 and 23 or 24 of the Consumer Rights Act 2015].

Misleading omissionsU.K.

6.—(1) A commercial practice is a misleading omission if, in its factual context, taking account of the matters in paragraph (2)—

(a)the commercial practice omits material information,

(b)the commercial practice hides material information,

(c)the commercial practice provides material information in a manner which is unclear, unintelligible, ambiguous or untimely, or

(d)the commercial practice fails to identify its commercial intent, unless this is already apparent from the context,

and as a result it causes or is likely to cause the average consumer to take a transactional decision he would not have taken otherwise.

(2) The matters referred to in paragraph (1) are—

(a)all the features and circumstances of the commercial practice;

(b)the limitations of the medium used to communicate the commercial practice (including limitations of space or time); and

(c)where the medium used to communicate the commercial practice imposes limitations of space or time, any measures taken by the trader to make the information available to consumers by other means.

(3) In paragraph (1) “material information” means—

(a)the information which the average consumer needs, according to the context, to take an informed transactional decision; and

(b)any information requirement which applies in relation to a commercial communication as a result of a Community obligation.

(4) Where a commercial practice is an invitation to purchase, the following information will be material if not already apparent from the context in addition to any other information which is material information under paragraph (3)—

(a)the main characteristics of the product, to the extent appropriate to the medium by which the invitation to purchase is communicated and the product;

(b)the identity of the trader, such as his trading name, and the identity of any other trader on whose behalf the trader is acting;

(c)the geographical address of the trader and the geographical address of any other trader on whose behalf the trader is acting;

(d)either—

(i)the price, including any taxes; or

(ii)where the nature of the product is such that the price cannot reasonably be calculated in advance, the manner in which the price is calculated;

(e)where appropriate, either—

(i)all additional freight, delivery or postal charges; or

(ii)where such charges cannot reasonably be calculated in advance, the fact that such charges may be payable;

(f)the following matters where they depart from the requirements of professional diligence—

(i)arrangements for payment,

(ii)arrangements for delivery,

(iii)arrangements for performance,

(iv)complaint handling policy;

(g)for products and transactions involving a right of withdrawal or cancellation, the existence of such a right.

Aggressive commercial practicesU.K.

7.—(1) A commercial practice is aggressive if, in its factual context, taking account of all of its features and circumstances—

(a)it significantly impairs or is likely significantly to impair the average consumer's freedom of choice or conduct in relation to the product concerned through the use of harassment, coercion or undue influence; and

(b)it thereby causes or is likely to cause him to take a transactional decision he would not have taken otherwise.

(2) In determining whether a commercial practice uses harassment, coercion or undue influence account shall be taken of—

(a)its timing, location, nature or persistence;

(b)the use of threatening or abusive language or behaviour;

(c)the exploitation by the trader of any specific misfortune or circumstance of such gravity as to impair the consumer's judgment, of which the trader is aware, to influence the consumer's decision with regard to the product;

(d)any onerous or disproportionate non-contractual barrier imposed by the trader where a consumer wishes to exercise rights under the contract, including rights to terminate a contract or to switch to another product or another trader; and

(e)any threat to take any action which cannot legally be taken.

(3) In this regulation—

(a)coercion” includes the use of physical force; and

(b)undue influence” means exploiting a position of power in relation to the consumer so as to apply pressure, even without using or threatening to use physical force, in a way which significantly limits the consumer's ability to make an informed decision.

PART 3U.K.OFFENCES

Offences relating to unfair commercial practicesU.K.

8.—(1) A trader is guilty of an offence if—

(a)he knowingly or recklessly engages in a commercial practice which contravenes the requirements of professional diligence under regulation 3(3)(a); and

(b)the practice materially distorts or is likely to materially distort the economic behaviour of the average consumer with regard to the product under regulation 3(3)(b).

(2) For the purposes of paragraph (1)(a) a trader who engages in a commercial practice without regard to whether the practice contravenes the requirements of professional diligence shall be deemed recklessly to engage in the practice, whether or not the trader has reason for believing that the practice might contravene those requirements.

9.  A trader is guilty of an offence if he engages in a commercial practice which is a misleading action under regulation 5 otherwise than by reason of the commercial practice satisfying the condition in regulation 5(3)(b).

10.  A trader is guilty of an offence if he engages in a commercial practice which is a misleading omission under regulation 6.

11.  A trader is guilty of an offence if he engages in a commercial practice which is aggressive under regulation 7.

12.  A trader is guilty of an offence if he engages in a commercial practice set out in any of paragraphs 1 to 10, 12 to 27 and 29 to 31 of Schedule 1.

Penalty for offencesU.K.

13.  A person guilty of an offence under regulation 8, 9, 10, 11 or 12 shall be liable—

(a)on summary conviction, to a fine not exceeding the statutory maximum; or

(b)on conviction on indictment, to a fine or imprisonment for a term not exceeding two years or both.

Time limit for prosecutionU.K.

14.—(1) No proceedings for an offence under these Regulations shall be commenced after—

(a)the end of the period of three years beginning with the date of the commission of the offence, or

(b)the end of the period of one year beginning with the date of discovery of the offence by the prosecutor,

whichever is earlier.

(2) For the purposes of paragraph (1)(b) a certificate signed by or on behalf of the prosecutor and stating the date on which the offence was discovered by him shall be conclusive evidence of that fact and a certificate stating that matter and purporting to be so signed shall be treated as so signed unless the contrary is proved.

(3) Notwithstanding anything in section 127(1) of the Magistrates' Courts Act 1980F20, an information relating to an offence under these Regulations which is triable by a magistrates' court in England and Wales may be so tried if it is laid at any time before the end of the period of twelve months beginning with the date of the commission of the offence.

(4) Notwithstanding anything in section 136 of the Criminal Procedure (Scotland) Act 1995 F21 summary proceedings in Scotland for an offence under these Regulations may be commenced at any time before the end of the period of twelve months beginning with the date of the commission of the offence.

(5) For the purposes of paragraph (4), section 136(3) of the Criminal Procedure (Scotland) Act 1995 shall apply as it applies for the purposes of that subsection.

(6) Notwithstanding anything in Article 19(1) of the Magistrates' Courts (Northern Ireland) Order 1981 F22 a complaint charging an offence under these Regulations which is triable by a magistrates' court in Northern Ireland may be so tried if it is made at any time before the end of the period of twelve months beginning with the date of the commission of the offence.

Offences committed by bodies of personsU.K.

15.—(1) Where an offence under these Regulations committed by a body corporate is proved—

(a)to have been committed with the consent or connivance of an officer of the body, or

(b)to be attributable to any neglect on his part,

the officer as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.

(2) In paragraph (1) a reference to an officer of a body corporate includes a reference to—

(a)a director, manager, secretary or other similar officer; and

(b)a person purporting to act as a director, manager, secretary or other similar officer.

(3) Where an offence under these Regulations committed by a Scottish partnership is proved—

(a)to have been committed with the consent or connivance of a partner, or

(b)to be attributable to any neglect on his part,

the partner as well as the partnership is guilty of the offence and liable to be proceeded against and punished accordingly.

(4) In paragraph (3) a reference to a partner includes a person purporting to act as a partner.

Offence due to the default of another personU.K.

16.—(1) This regulation applies where a person “X”—

(a)commits an offence under regulation 9, 10, 11 or 12, or

(b)would have committed an offence under those regulations but for a defence under regulation 17 or 18,

and the commission of the offence, or of what would have been an offence but for X being able to rely on a defence under regulation 17 or 18, is due to the act or default of some other person “Y”.

(2) Where this regulation applies Y is guilty of the offence, subject to regulations 17 and 18, whether or not Y is a trader and whether or not Y's act or default is a commercial practice.

(3) Y may be charged with and convicted of the offence by virtue of paragraph (2) whether or not proceedings are taken against X.

Due diligence defenceU.K.

17.—(1) In any proceedings against a person for an offence under regulation 9, 10, 11 or 12 it is a defence for that person to prove—

(a)that the commission of the offence was due to—

(i)a mistake;

(ii)reliance on information supplied to him by another person;

(iii)the act or default of another person;

(iv)an accident; or

(v)another cause beyond his control; and

(b)that he took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence by himself or any person under his control.

(2) A person shall not be entitled to rely on the defence provided by paragraph (1) by reason of the matters referred to in paragraph (ii) or (iii) of paragraph (1)(a) without leave of the court unless—

(a)he has served on the prosecutor a notice in writing giving such information identifying or assisting in the identification of that other person as was in his possession; and

(b)the notice is served on the prosecutor at least seven clear days before the date of the hearing.

Innocent publication of advertisement defenceU.K.

18.—(1) In any proceedings against a person for an offence under regulation 9, 10, 11 or 12 committed by the publication of an advertisement it shall be a defence for a person to prove that—

(a)he is a person whose business it is to publish or to arrange for the publication of advertisements;

(b)he received the advertisement for publication in the ordinary course of business; and

(c)he did not know and had no reason to suspect that its publication would amount to an offence under the regulation to which the proceedings relate.

(2) In paragraph (1) “advertisement” includes a catalogue, a circular and a price list.

PART 4U.K.ENFORCEMENT

[F23Duty and power to enforce]U.K.

19.[F24(1) It shall be the duty of every local weights and measures authority and DETINI to enforce these Regulations [F25(other than Part 4A).]

(1A) The [F26CMA] may also enforce these Regulations.]

(2) Where the enforcement authority is a local weights and measures authority the duty referred to in paragraph (1) shall apply to the enforcement of these Regulations within the authority's area.

(3) Where the enforcement authority is [F27DETINI] the duty referred to in paragraph (1) shall apply to the enforcement of these Regulations within Northern Ireland.

(4) [F28In determining how to comply with paragraph (1), or as the case may be, paragraph (1A),] every enforcement authority shall have regard to the desirability of encouraging control of unfair commercial practices by such established means as it considers appropriate having regard to all the circumstances of the particular case.

(5) Nothing in this regulation shall authorise any enforcement authority to bring proceedings in Scotland for an offence.

Power to make test purchasesU.K.

F2920.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power of entry and investigation, etc.U.K.

F2921.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power to enter premises with a warrantU.K.

F2922.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Obstruction of authorised officersU.K.

F2923.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Notice of test and intended proceedingsU.K.

F2924.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CompensationU.K.

F2925.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application of Part 8 of Enterprise Act 2002U.K.

26.  In Schedule 13 to the Enterprise Act 2002 F30(listed Directives and Regulations), after paragraph 9B insert—

9C  Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market..

F302002 c.40; paragraph 9B of Schedule 13 was inserted by S.I. 2006/3363.

Evidence as to factual claimsU.K.

27.  After section 218 of the Enterprise Act 2002 insert—

218A    Unfair commercial practices: substantiation of claims

(1) This section applies where an application for an enforcement order or for an interim enforcement order is made in respect of a Community infringement involving a contravention of Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market.

(2) For the purposes of considering the application the court may require the person named in the application to provide evidence as to the accuracy of any factual claim made as part of a commercial practice of that person if, taking into account the legitimate interests of that person and any other party to the proceedings, it appears appropriate in the circumstances.

(3) If, having been required under subsection (2) to provide evidence as to the accuracy of a factual claim, a person—

(a)fails to provide such evidence, or

(b)provides evidence as to the accuracy of the factual claim that the court considers inadequate,

the court may consider that the factual claim is inaccurate.

(4) In this section “commercial practice” has the meaning given by regulation 2 of the Consumer Protection from Unfair Trading Regulations 2008..

[F31PART 4AU.K.CONSUMERS’ RIGHTS TO REDRESS

F31Pt. 4A inserted (with application in accordance with reg. 1(3) of the amending S.I.) by The Consumer Protection (Amendment) Regulations 2014 (S.I. 2014/870), regs. 1(3), 3

When does a consumer have a right to redress?U.K.

27A.(1) A consumer has a right to redress under this Part if—

(a)the conditions in this regulation are met, and

(b)the conditions (if any) in the following provisions of this Part for the availability of that right are met.

(2) The first condition is that—

(a)the consumer enters into a contract with a trader for the sale or supply of a product by the trader (a “business to consumer contract”),

(b)the consumer enters into a contract with a trader for the sale of goods to the trader (a “consumer to business contract”), or

(c)the consumer makes a payment to a trader for the supply of a product (a “consumer payment”).

(3) Paragraph (2)(b) does not apply if, under the contract, the trader supplies or agrees to supply a product to the consumer as well as paying or agreeing to pay the consumer.

(4) The second condition is that—

(a)the trader engages in a prohibited practice in relation to the product, or

(b)in a case where a consumer enters into a business to consumer contract for goods or digital content—

(i)a producer engages in a prohibited practice in relation to the goods or digital content, and

(ii)when the contract is entered into, the trader is aware of the commercial practice that constitutes the prohibited practice or could reasonably be expected to be aware of it.

(5) In paragraph (4)(b) “producer” means—

(a)a manufacturer of the goods or digital content,

(b)an importer of the goods or digital content into the European Economic Area, or

(c)a person who purports to be a producer by placing the person’s name, trade mark or other distinctive sign on the goods or using it in connection with the digital content,

and includes a producer acting personally or through another person acting in the producer’s name or on the producer’s behalf.

(6) The third condition is that the prohibited practice is a significant factor in the consumer’s decision to enter into the contract or make the payment.

What does “prohibited practice” mean in this Part?U.K.

27B.(1) In this Part “prohibited practice” means a commercial practice that—

(a)is a misleading action under regulation 5, or

(b)is aggressive under regulation 7.

(2) Regulations 5 and 7 apply for the purposes of this Part as if for the definition of “transactional decision” in regulation 2(1) there were substituted—

“transactional decision” means any decision taken by a consumer to enter into a contract with a trader for the sale or supply of a product by the trader, or for the sale of goods to the trader, or to make a payment to a trader for the supply of a product..

What immoveable property is covered by this Part?U.K.

27C.(1) In this Part “product” does not include immoveable property other than a relevant lease.

(2) In this regulation “relevant lease” in relation to England and Wales means—

(a)an assured tenancy within the meaning of Part 1 of the Housing Act 1988, or

(b)a lease under which accommodation is let as holiday accommodation.

(3) But none of the following are relevant leases for the purposes of paragraph (2)(a)—

(a)a lease granted by—

(i)a private registered provider of social housing, or

(ii)a registered social landlord within the meaning of Part 1 of the Housing Act 1996;

(b)a lease of a dwelling-house or part of a dwelling-house—

(i)granted on payment of a premium calculated by reference to a percentage of the value of the dwelling-house or part or of the cost of providing it, or

(ii)under which the lessee (or the lessee’s personal representatives) will or may be entitled to a sum calculated by reference, directly or indirectly, to the value of the dwelling-house or part;

(c)a lease granted to a person as a result of the exercise by a local housing authority within the meaning of the Housing Act 1996 of its functions under Part 7 (homelessness) of that Act.

(4) In this regulation “relevant lease” in relation to Scotland means—

(a)an assured tenancy within the meaning of Part 2 of the Housing (Scotland) Act 1988, or

(b)a lease under which accommodation is let as holiday accommodation.

(5) In this regulation “relevant lease” in relation to Northern Ireland means—

(a)a private tenancy within the meaning of Article 3 of the Private Tenancies (Northern Ireland) Order 2006, or

(b)a lease under which accommodation is let as holiday accommodation.

(6) But neither of the following are relevant leases for the purposes of paragraph (5)(a)—

(a)a lease of a dwelling-house or part of a dwelling-house—

(i)granted on payment of a premium calculated by reference to a percentage of the value of the dwelling-house or part or of the cost of providing it, or

(ii)under which the lessee (or the lessee’s personal representatives) will or may be entitled to a sum calculated by reference, directly or indirectly, to the value of the dwelling-house or part;

(b)a private tenancy resulting from the exercise by the Northern Ireland Housing Executive of its functions under Part 2 (homelessness) of the Housing (Northern Ireland) Order 1988.

What financial services are covered by this Part?U.K.

27D.(1) In this Part “product” does not include a service provided in the course of carrying on a regulated activity within the meaning of section 22 of the Financial Services and Markets Act 2000, other than a service to which paragraph (2) applies.

(2) This paragraph applies to a service consisting of the provision of credit under an agreement which is a restricted-use credit agreement within paragraph (a) or (b) of the definition of that term in article 60L(1) of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001.

(3) But paragraph (2) does not apply to an agreement under which the obligation of the borrower to repay is secured by a legal or equitable mortgage on land (other than timeshare accommodation).

(4) In paragraph (3)—

“mortgage” includes a charge and (in Scotland) a heritable security;

“timeshare accommodation” means overnight accommodation which is the subject of a timeshare contract within the meaning of the Timeshare, Holiday Products, Resale and Exchange Contracts Regulations 2010.

(5) The fact that the supply of a product within regulation 2(1A) and (1B) may constitute an activity within article 39F (debt-collecting) of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 does not prevent this Part from applying in relation to that supply.

When does the right to unwind apply to a business to consumer contract?U.K.

27E.(1) A consumer has the right to unwind in respect of a business to consumer contract if the consumer indicates to the trader that the consumer rejects the product, and does so—

(a)within the relevant period, and

(b)at a time when the product is capable of being rejected.

(2) An indication under paragraph (1) may be something that the consumer says or does, but it must be clear.

(3) In paragraph (1)(a) “the relevant period” means the period of 90 days beginning with the later of—

(a)the day on which the consumer enters into the contract, and

(b)the relevant day.

(4) In this Part “the relevant day” means the day on which—

(a)the goods are first delivered,

(b)the performance of the service begins,

(c)the digital content is first supplied,

(d)the lease begins, or

(e)the right is first exercisable,

(as the case may be).

(5) But in the case of a mixed contract, “the relevant day” means the latest of the days mentioned in paragraph (4) that is relevant to the contract.

(6) In this Part “mixed contract” means a contract relating to a product which consists of any two or more of goods, a service, digital content, immoveable property or rights.

(7) For the purposes of this Part, where the consumer’s access to digital content on a device requires its transmission to the device under arrangements initiated by the trader, the day on which the digital content is first provided is—

(a)the day on which it reaches the device, or

(b)if earlier, the day on which it reaches another trader chosen by the consumer to supply, under a contract with the consumer, a service by which digital content reaches the device.

(8) For the purposes of paragraph (1)(b), a product remains capable of being rejected only if—

(a)the goods have not been fully consumed,

(b)the service has not been fully performed,

(c)the digital content has not been fully consumed,

(d)the lease has not expired, or

(e)the right has not been fully exercised,

(as the case may be).

(9) For the purposes of paragraph (8)—

(a)goods have been fully consumed only if nothing is left of them, and

(b)digital content has been fully consumed only if the digital content was available to the consumer for a fixed period and that period has expired.

(10) A consumer does not have the right to unwind in respect of a business to consumer contract if the consumer has exercised the right to a discount in respect of that contract and the same prohibited practice.

How does the right to unwind work in the case of a business to consumer contract?U.K.

27F.(1) Where a consumer has the right to unwind in respect of a business to consumer contract—

(a)the contract comes to an end so that the consumer and the trader are released from their obligations under it,

(b)the trader has a duty to give the consumer a refund (subject as follows), and

(c)if the contract was wholly or partly for the sale or supply of goods the consumer must make the goods available for collection by the trader.

(2) The consumer’s entitlement to a refund works as follows.

(3) To the extent that the consumer paid money under the contract, the consumer is entitled to receive back the same amount of money (but see paragraphs (7) to (10)).

(4) To the extent that the consumer transferred anything else under the contract, the consumer is entitled to receive back the same amount of what the consumer transferred, unless paragraph (5) applies.

(5) To the extent that the consumer transferred under the contract something for which the same amount of the same thing cannot be substituted—

(a)the consumer is entitled to receive back in its original state whatever the consumer transferred, or

(b)if it cannot be given back in its original state, the consumer is entitled to be paid its market price as at the time when the product was rejected.

(6) There is no entitlement to a refund if none of paragraphs (3) to (5) applies.

(7) The consumer’s entitlement to receive back the same amount of money as the consumer paid is qualified by paragraphs (8) to (10) if—

(a)the contract was for the sale or supply of a product on a regular or continuous basis, and

(b)the period beginning with the relevant day and ending with the day on which the consumer rejected the product exceeds one month.

(8) In that case the consumer is only entitled to receive back the amount (if any) found by deducting the market price, when the consumer rejected the product, of the product supplied up to that time from the amount the consumer paid for it.

(9) But paragraph (8) does not apply if it is not appropriate to apply that deduction having regard to—

(a)the behaviour of the person who engaged in the prohibited practice, and

(b)the impact of the practice on the consumer.

(10) Where the product supplied up to the time when the consumer rejected it consists wholly or partly of goods, their market price is only to be taken into account under paragraph (8) to the extent that they have been consumed.

How does the right to unwind work in the case of a consumer to business contract?U.K.

27G.(1) A consumer who has a right to redress in respect of a consumer to business contract has the right to unwind in respect of that contract.

(2) Where paragraph (1) applies—

(a)the consumer has the right to treat the contract as at an end so that the trader and the consumer are released from their obligations under it, and

(b)the consumer has the right within paragraph (5) or (6).

(3) To treat the contract as at an end, the consumer must indicate to the trader that the contract is ended.

(4) An indication under paragraph (3) may be something that the consumer says or does, but it must be clear.

(5) If the trader is able to return the goods to the consumer in the condition they were in when sold by the consumer—

(a)the consumer has a right to the return of the goods, and

(b)the consumer must repay to the trader the amount (if any) that the trader has paid for the goods.

(6) If paragraph (5) does not apply, the consumer has a right to a payment from the trader of the amount (if any) by which the market price of the goods when the trader paid for them exceeds what the trader paid for them.

How does the right to unwind work if payments are demanded which are not due?U.K.

27H.(1) A consumer has the right to unwind in respect of a consumer payment for a product within regulation 2(1A) and (1B) if the consumer was not required to make all or part of the payment.

(2) Where paragraph (1) applies, the consumer has the right to receive back from the trader—

(a)the same amount of money as the consumer paid to the trader, or

(b)in a case where the consumer was required to make part of the payment, an amount equal to the part of the payment the consumer was not required to make.

How does the right to a discount work?U.K.

27I.(1) A consumer has the right to a discount in respect of a business to consumer contract if—

(a)the consumer has made one or more payments for the product to the trader or one or more payments under the contract have not been made, and

(b)the consumer has not exercised the right to unwind in respect of the contract.

(2) If the consumer has made one or more payments, the consumer has the right to receive back from the trader the relevant percentage of the payment or payments.

(3) If one or more payments have not been made, the consumer has the right—

(a)to reduce by the relevant percentage as many of those payments as is appropriate having regard to the seriousness of the prohibited practice, or

(b)in a case within paragraph (6), to reduce all of those payments by the relevant percentage.

(4) Subject to paragraph (6), the relevant percentage is as follows—

(a)if the prohibited practice is more than minor, it is 25%,

(b)if the prohibited practice is significant, it is 50%,

(c)if the prohibited practice is serious, it is 75%, and

(d)if the prohibited practice is very serious, it is 100%.

(5) The seriousness of the prohibited practice is to be assessed by reference to—

(a)the behaviour of the person who engaged in the practice,

(b)the impact of the practice on the consumer, and

(c)the time that has elapsed since the prohibited practice took place.

(6) [F32Paragraph (4)] does not apply if—

(a)the amount payable for the product under the contract exceeds £5,000,

(b)the market price of the product, at the time that the consumer entered into the contract, is lower than the amount payable for it under the contract, and

(c)there is clear evidence of the difference between the market price of the product and the amount payable for it under the contract.

(7) In such a case, the relevant percentage is the percentage difference between the market price of the product and the amount payable for it under the contract.

(8) The application of this regulation does not affect any of the other rights and liabilities under the contract.

F32Words in reg. 27I(6) substituted (with application in accordance with reg. 1(2) of the amending S.I.) by The Consumer Contracts (Amendment) Regulations 2015 (S.I. 2015/1629), regs. 1(1), 9(2)

How does the right to damages work?U.K.

27J.(1) Subject as follows, a consumer has the right to damages if the consumer—

(a)has incurred financial loss which the consumer would not have incurred if the prohibited practice in question had not taken place, or

(b)has suffered alarm, distress or physical inconvenience or discomfort which the consumer would not have suffered if the prohibited practice in question had not taken place.

(2) The right to damages is the right to be paid damages by the trader for the loss or the alarm, distress or physical inconvenience or discomfort in question.

(3) The right to be paid damages for financial loss does not include the right to be paid damages in respect of the difference between the market price of a product and the amount payable for it under a contract.

(4) The right to be paid damages under this regulation is a right to be paid only damages in respect of loss that was reasonably foreseeable at the time of the prohibited practice.

(5) A consumer does not have the right to damages if the trader proves that—

(a)the occurrence of the prohibited practice in question was due to—

(i)a mistake,

(ii)reliance on information supplied to the trader by another person,

(iii)the act or default of a person other than the trader,

(iv)an accident, or

(v)another cause beyond the trader’s control, and

(b)the trader took all reasonable precautions and exercised all due diligence to avoid the occurrence of the prohibited practice.

How can a consumer enforce the rights to redress?U.K.

27K.(1) A consumer with a right to redress under this Part may bring a claim in civil proceedings to enforce that right.

(2) In Scotland, proceedings to enforce the right to unwind may be brought before the sheriff or in the Court of Session.

(3) Paragraph (4) applies if in proceedings under this regulation the consumer establishes that the consumer has—

(a)the right to unwind,

(b)the right to a discount, or

(c)the right to damages.

(4) The court must make an order that gives effect to—

(a)that right, and

(b)any associated obligations of the consumer under this Part.

(5) The Limitation Act 1980 applies to a claim under this regulation in England and Wales as if it were an action founded on simple contract.

(6) The Limitation (Northern Ireland) Order 1989 applies to a claim under this regulation in Northern Ireland as if it were an action founded on simple contract.

How does this Part relate to the existing law?U.K.

27L.(1) Nothing in this Part affects the ability of a consumer to make a claim under a rule of law or equity, or under an enactment, in respect of conduct constituting a prohibited practice.

(2) But a consumer may not—

(a)make a claim to be compensated under a rule of law or equity, or under an enactment, in respect of such conduct if the consumer has been compensated under this Part in respect of the conduct, or

(b)make a claim to be compensated under this Part in respect of such conduct if the consumer has been compensated under a rule of law or equity, or under an enactment, in respect of the conduct.

(3) In this regulation “enactment” includes—

(a)an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978,

(b)an enactment contained in, or in an instrument made under, a Measure or Act of the National Assembly for Wales,

(c)an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament, and

(d)an enactment contained in, or in an instrument made under, Northern Ireland legislation.]

PART 5U.K.SUPPLEMENTARY

[F33Inertia sellingU.K.

[F3427M.](1) This regulation applies where a trader engages in the unfair commercial practice described in paragraph 29 of Schedule 1 (inertia selling).

(2) The consumer is exempted from any obligation to provide consideration for the products supplied by the trader.

(3) The absence of a response from the consumer following the supply does not constitute consent to the provision of consideration for, or the return or safekeeping of, the products.

(4) In the case of an unsolicited supply of goods, the consumer may, as between the consumer and the trader, use, deal with or dispose of the goods as if they were an unconditional gift to the consumer.]

F33Reg. 27A inserted (with application in accordance with reg. 1(2) of the amending S.I.) by The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (S.I. 2013/3134), regs. 1(1), 39 (with reg. 6)

F34Regulation 27A: re-numbered as regulation 27M (with application in accordance with reg. 1(3) of the amending S.I.) by The Consumer Protection (Amendment) Regulations 2014 (S.I. 2014/870), regs. 1(3), 4(2)

CrownU.K.

28.F35(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) The Crown is not criminally liable as a result of any provision of these Regulations.

(3) Paragraph (2) does not affect the application of any provision of these Regulations in relation to a person in the public service of the Crown.

Validity of agreementsU.K.

29.  [F36Except as provided by Part 4A,] an agreement shall not be void or unenforceable by reason only of a breach of these Regulations.

F36Words in reg. 29 inserted (with application in accordance with reg. 1(3) of the amending S.I.) by The Consumer Protection (Amendment) Regulations 2014 (S.I. 2014/870), regs. 1(3), 4(3)

Amendments, repeals and transitional and saving provisionsU.K.

30.—(1) Schedule 2 (which contains amendments) shall have effect.

(2) Schedule 3 (which contains transitional and saving provisions) shall have effect.

(3) Schedule 4 (which contains repeals and revocations) shall have effect.

Gareth Thomas

Parliamentary Under Secretary of State for Trade and Consumer Affairs

Department for Business, Enterprise & Regulatory Reform

Regulation 3(4)(d)

SCHEDULE 1U.K.Commercial practices which are in all circumstances considered unfair

1.  Claiming to be a signatory to a code of conduct when the trader is not.U.K.

2.  Displaying a trust mark, quality mark or equivalent without having obtained the necessary authorisation.U.K.

3.  Claiming that a code of conduct has an endorsement from a public or other body which it does not have.U.K.

4.  Claiming that a trader (including his commercial practices) or a product has been approved, endorsed or authorised by a public or private body when the trader, the commercial practices or the product have not or making such a claim without complying with the terms of the approval, endorsement or authorisation.U.K.

5.  Making an invitation to purchase products at a specified price without disclosing the existence of any reasonable grounds the trader may have for believing that he will not be able to offer for supply, or to procure another trader to supply, those products or equivalent products at that price for a period that is, and in quantities that are, reasonable having regard to the product, the scale of advertising of the product and the price offered (bait advertising).U.K.

6.  Making an invitation to purchase products at a specified price and then—U.K.

(a)refusing to show the advertised item to consumers,

(b)refusing to take orders for it or deliver it within a reasonable time, or

(c)demonstrating a defective sample of it,

with the intention of promoting a different product (bait and switch).

7.  Falsely stating that a product will only be available for a very limited time, or that it will only be available on particular terms for a very limited time, in order to elicit an immediate decision and deprive consumers of sufficient opportunity or time to make an informed choice.U.K.

8.  Undertaking to provide after-sales service to consumers with whom the trader has communicated prior to a transaction in a language which is not an official language of the EEA State where the trader is located and then making such service available only in another language without clearly disclosing this to the consumer before the consumer is committed to the transaction.U.K.

9.  Stating or otherwise creating the impression that a product can legally be sold when it cannot.U.K.

10.  Presenting rights given to consumers in law as a distinctive feature of the trader's offer.U.K.

11.  Using editorial content in the media to promote a product where a trader has paid for the promotion without making that clear in the content or by images or sounds clearly identifiable by the consumer (advertorial).U.K.

12.  Making a materially inaccurate claim concerning the nature and extent of the risk to the personal security of the consumer or his family if the consumer does not purchase the product.U.K.

13.  Promoting a product similar to a product made by a particular manufacturer in such a manner as deliberately to mislead the consumer into believing that the product is made by that same manufacturer when it is not.U.K.

14.  Establishing, operating or promoting a pyramid promotional scheme where a consumer gives consideration for the opportunity to receive compensation that is derived primarily from the introduction of other consumers into the scheme rather than from the sale or consumption of products.U.K.

15.  Claiming that the trader is about to cease trading or move premises when he is not.U.K.

16.  Claiming that products are able to facilitate winning in games of chance.U.K.

17.  Falsely claiming that a product is able to cure illnesses, dysfunction or malformations.U.K.

18.  Passing on materially inaccurate information on market conditions or on the possibility of finding the product with the intention of inducing the consumer to acquire the product at conditions less favourable than normal market conditions.U.K.

19.  Claiming in a commercial practice to offer a competition or prize promotion without awarding the prizes described or a reasonable equivalent.U.K.

20.  Describing a product as ‘gratis’, ‘free’, ‘without charge’ or similar if the consumer has to pay anything other than the unavoidable cost of responding to the commercial practice and collecting or paying for delivery of the item.U.K.

21.  Including in marketing material an invoice or similar document seeking payment which gives the consumer the impression that he has already ordered the marketed product when he has not.U.K.

22.  Falsely claiming or creating the impression that the trader is not acting for purposes relating to his trade, business, craft or profession, or falsely representing oneself as a consumer.U.K.

23.  Creating the false impression that after-sales service in relation to a product is available in an EEA State other than the one in which the product is sold.U.K.

24.  Creating the impression that the consumer cannot leave the premises until a contract is formed.U.K.

25.  Conducting personal visits to the consumer's home ignoring the consumer's request to leave or not to return, except in circumstances and to the extent justified to enforce a contractual obligation.U.K.

26.  Making persistent and unwanted solicitations by telephone, fax, e-mail or other remote media except in circumstances and to the extent justified to enforce a contractual obligation.U.K.

27.  Requiring a consumer who wishes to claim on an insurance policy to produce documents which could not reasonably be considered relevant as to whether the claim was valid, or failing systematically to respond to pertinent correspondence, in order to dissuade a consumer from exercising his contractual rights.U.K.

28.  Including in an advertisement a direct exhortation to children to buy advertised products or persuade their parents or other adults to buy advertised products for them.U.K.

29.  Demanding immediate or deferred payment for or the return or safekeeping of products supplied by the trader, but not solicited by the consumer F37...U.K.

F37Words in Sch. 1 para. 29 omitted (with application in accordance with reg. 1(2) of the amending S.I.) by virtue of The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (S.I. 2013/3134), reg. 1(1), Sch. 4 para. 9 (as amended (with application in accordance with reg. 1(2) of the amending S.I.) by S.I. 2014/870, regs. 1(2), 9(5)(b))

30.  Explicitly informing a consumer that if he does not buy the product or service, the trader's job or livelihood will be in jeopardy.U.K.

31.  Creating the false impression that the consumer has already won, will win, or will on doing a particular act win, a prize or other equivalent benefit, when in fact either—U.K.

(a)there is no prize or other equivalent benefit, or

(b)taking any action in relation to claiming the prize or other equivalent benefit is subject to the consumer paying money or incurring a cost.

Regulation 30(1)

SCHEDULE 2U.K.Amendments

PART 1 U.K.Amendments to Acts

Anglo-Portuguese Commercial Treaty Act 1914U.K.

1.  In section 1 of the Anglo-Portuguese Commercial Treaty Act 1914 F38 (meaning of “port” and “madeira” as applied to wine) omit the words from “Provided that” to the end.

F381914 c.1; section 1 was amended by paragraph 1 of Schedule 1 to the Trade Descriptions Act 1968 (c.29).

Anglo-Portuguese Commercial Treaty Act 1916U.K.

2.  In section 1(1) of the Anglo-Portuguese Commercial Treaty Act 1916 F39 (further limitation of the use of the description “port”) omit the words from “Provided that” to the end.

F391916 c.39; section 1 was amended by paragraph 2 of Schedule 1 to the Trade Descriptions Act 1968 (c.29).

Fraudulent Mediums Act 1951U.K.

3.  The Fraudulent Mediums Act 1951 F40 shall cease to have effect.

Trading Representations (Disabled Persons) Act 1958U.K.

4.  The Trading Representations (Disabled Persons) Act 1958 F41 shall cease to have effect.

Trading Representations (Disabled Persons) Act (Northern Ireland) 1958U.K.

5.  The Trading Representations (Disabled Persons) Act (Northern Ireland) 1958 F42 shall cease to have effect.

Mock Auctions Act 1961U.K.

6.  The Mock Auctions Act 1961 F43 shall cease to have effect.

Trade Descriptions Act 1968U.K.

7.  The Trade Descriptions Act 1968 F44 is amended as follows.

8.  The following provisions shall cease to have effect—U.K.

(a)section 1(1) (prohibition of false trade descriptions);

(b)section 5 (trade descriptions used in advertisements);

(c)section 6 (offer to supply);

(d)sections 7 to 10 (power to define terms and to require display etc. of information);

(e)sections 13 to 15 (false representations or statements concerning services etc);

(f)section 21(1) and (2) (accessories to offences committed abroad);

(g)section 22 (restrictions on institution of proceedings and admission of evidence);

(h)section 32 (power to exempt goods sold for export, etc);

(i)section 37 (market research experiments);

(j)section 39(2) (interpretation).

9.  In section 1, for subsection (2) substitute—U.K.

(2) Sections 2 to 4 shall have effect for the interpretation of expressions used in this Act .

10.  In section 12 (false representations as to royal approval or award, etc), after subsection (2) add—U.K.

(3) A person shall not be guilty of an offence under subsection (1) or (2) by reason of doing anything that is a commercial practice unless the commercial practice is unfair.

In this subsection “commercial practice” and “unfair” have the same meaning as in the Consumer Protection from Unfair Trading Regulations 2008..

11.  In section 38 (orders), in subsection (3), for the words from “section 7” to “thereof” substitute “ section 36 of this Act ”.U.K.

12.  In section 39 (interpretation), in subsection (1), for “2 to 6” substitute “ 2 to 4 ”.U.K.

Administration of Justice Act 1970U.K.

13.  In section 40 of the Administration of Justice Act 1970 F45 (punishment for unlawful harassment of debtors), after subsection (3) insert—

(3A) Subsection (1) above does not apply to anything done by a person to another in circumstances where what is done is a commercial practice within the meaning of the Consumer Protection from Unfair Trading Regulations 2008 and the other is a consumer in relation to that practice..

Greater London Council (General Powers) Act 1972U.K.

14.  In section 17 of the Greater London Council (General Powers) Act 1972 F46 (duty to give information in certain cases), in subsection (5)—

(a)at the end of paragraph (b) omit “or”, and

(b)after paragraph (c) insert—

(d)the Business Protection from Misleading Marketing Regulations 2008; or

(e)the Consumer Protection from Unfair Trading Regulations 2008..

Fair Trading Act 1973U.K.

15.  Sections 29 to 33 of the Fair Trading Act 1973 F47 shall cease to have effect, except in so far as they are applied by section 123 of that Act.

Hallmarking Act 1973U.K.

16.—(1) Section 1 of the Hallmarking Act 1973 F48 (prohibited descriptions of unhallmarked articles) is amended as follows.

(2) Subsection (4) is omitted.

(3) Before subsection (5) insert—

(4A) Subsection (4B) applies in any case where—

(a)the giving of a description of the fineness (whether in parts per thousand or otherwise) of any precious metal constitutes advertising within the meaning of the Business Protection from Misleading Marketing Regulations 2008, and

(b)the description is false to any extent or degree (except by understating the fineness).

(4B) In any such case, the giving of the description is to be treated as satisfying the requirements of regulation 3(2) of those Regulations (requirements for advertising to be misleading).

(4C) Subsection (4D) applies in any case where—

(a)the giving of a description of the fineness (whether in parts per thousand or otherwise) of any precious metal constitutes a commercial practice within the meaning of the Consumer Protection from Unfair Trading Regulations 2008, and

(b)the description is false to any extent or degree (except by understating the fineness).

(4D) In any such case, the giving of the description is to be treated as satisfying the conditions in regulation 5(2) of those Regulations (conditions for a commercial practice to be a misleading action)..

(4) In Part 3 of Schedule 1 (use of the words “carats”, etc), in paragraph 1, for “and the Act of 1968” substitute “ , the Business Protection from Misleading Marketing Regulations 2008 and the Consumer Protection from Unfair Trading Regulations 2008 ”.

Consumer Credit Act 1974U.K.

17.  The Consumer Credit Act 1974 F49 is amended as follows.

18.  Section 46 (false or misleading advertisements) shall cease to have effect.U.K.

19.  In section 77 (duty to give information to debtor under fixed-sum credit agreement), in subsection (4), omit paragraph (b) and the “and” preceding it.U.K.

20.  In section 78 (duty to give information to debtor under running-account credit agreement), in subsection (6), omit paragraph (b) and the “and” preceding it.U.K.

21.  In section 79 (duty to give hirer information), in subsection (3), omit paragraph (b) and the “and” preceding it.U.K.

22.  In section 85 (duty on issue of new credit tokens), in subsection (2), omit paragraph (b) and the “and” preceding it.U.K.

23.  In section 97 (duty to give information), in subsection (3), omit paragraph (b) and the “and” preceding it.U.K.

24.  In section 103 (termination statements)—U.K.

(a)omit subsection (5), and

(b)at the end insert—

(6) A breach of the duty imposed by subsection (1) is actionable as a breach of statutory duty..

25.  In section 107 (duty to give information to surety under fixed-sum credit agreement), in subsection (4), omit paragraph (b) and the “and” preceding it.U.K.

26.  In section 108 (duty to give information to surety under running-account credit agreement), in subsection (4), omit paragraph (b) and the “and” preceding it.U.K.

27.  In section 109 (duty to give information to surety under consumer hire agreement), in subsection (3), omit paragraph (b) and the “and” preceding it.U.K.

28.  In section 110 (duty to give information to debtor or hirer), in subsection (3), omit paragraph (b) and the “and” preceding it.U.K.

Telecommunications Act 1984U.K.

29.  In section 101 of the Telecommunications Act 1984 F50 (general restrictions on disclosure of information), in subsection (3)—

(a)omit the paragraph (i) relating to the Control of Misleading Advertisements Regulations 1988, and

(b)after paragraph (t) insert—

(u)the Business Protection from Misleading Marketing Regulations 2008;

(v)the Consumer Protection from Unfair Trading Regulations 2008..

Companies Act 1985U.K.

30.  In Schedule 15D to the Companies Act 1985 F51 (disclosures), in paragraph 17—

(a)omit paragraph (h), and

(b)after paragraph (i) insert—

(j)the Business Protection from Misleading Marketing Regulations 2008;

(k)the Consumer Protection from Unfair Trading Regulations 2008..

F511985 c.6; schedule 15D was inserted by section 25(1) of and paragraphs 16 and 25 of Schedule 2 to the Companies (Audit, Investigations and Community Enterprise) Act 2004 (c.27).

Weights and Measures Act 1985U.K.

31.  Section 29 of the Weights and Measures Act 1985 F52 (misrepresentation) shall cease to have effect.

Airports Act 1986U.K.

32.  In section 74 of the Airports Act 1986 F53 (restrictions on disclosure of information), in subsection (3)—

(a)omit paragraph (j), and

(b)after paragraph (t) insert—

(u)the Business Protection from Misleading Marketing Regulations 2008;

(v)the Consumer Protection from Unfair Trading Regulations 2008..

Consumer Protection Act 1987U.K.

33.  The Consumer Protection Act 1987 F54 is amended as follows.

34.  Sections 20 to 26 (misleading price indications) shall cease to have effect.U.K.

35.  In section 39 (defence of due diligence), in subsection (5), for “, 14(6) or 20(1)” substitute “ or 14(6) ”.U.K.

36.  In section 46 (meaning of “supply”), in subsection (7), for “Parts II to IV” substitute “ Part 2 or Part 4 ”.U.K.

37.  In section 49 (Northern Ireland), in subsection (1)(a), for “Parts I and III” substitute “ Part 1 ”.U.K.

County of Cleveland Act 1987U.K.

38.  In section 23 of the County of Cleveland Act 1987 F55 (control of occasional sales), subsections (6) and (7) shall cease to have effect.

Copyright, Designs and Patents Act 1988U.K.

39.  The Copyright, Designs and Patents Act 1988 F56 is amended as follows.

F561988 c.25; sections 114A and 114B were inserted by section 3 of the Copyright, etc and Trade Marks (Offences and Enforcement) Act 2002 (c.22). Sections 204A and 204B were inserted by section 4 of that Act. Sections 297C and 297D were inserted by section 5 of that Act.

40.  In section 114A (forfeiture of infringing copies, etc: England and Wales or Northern Ireland), in subsection (2), for the “or” at the end of paragraph (b) substitute—U.K.

(ba)an offence under the Business Protection from Misleading Marketing Regulations 2008,

(bb)an offence under the Consumer Protection from Unfair Trading Regulations 2008, or.

41.  In section 114B (forfeiture of infringing copies, etc. Scotland), in subsection (15), for the definition of “relevant offence” substitute—U.K.

relevant offence” means—

(a)

an offence under section 107(1), (2) or (2A) (criminal liability for making or dealing with infringing articles, etc),

(b)

an offence under the Trade Descriptions Act 1968,

(c)

an offence under the Business Protection from Misleading Marketing Regulations 2008,

(d)

an offence under the Consumer Protection from Unfair Trading Regulations 2008, or

(e)

any offence involving dishonesty or deception;.

42.  In section 204A (forfeiture of illicit recordings: England and Wales or Northern Ireland), in subsection (2), for the “or” at the end of paragraph (b) substitute—U.K.

(ba)an offence under the Business Protection from Misleading Marketing Regulations 2008,

(bb)an offence under the Consumer Protection from Unfair Trading Regulations 2008, or.

43.  In section 204B (forfeiture: Scotland), in subsection (15), for the definition of “relevant offence” substitute—U.K.

relevant offence” means—

(a)

an offence under section 198(1) or (1A) (criminal liability for making or dealing with illicit recordings),

(b)

an offence under the Trade Descriptions Act 1968,

(c)

an offence under the Business Protection from Misleading Marketing Regulations 2008,

(d)

an offence under the Consumer Protection from Unfair Trading Regulations 2008, or

(e)

any offence involving dishonesty or deception;.

44.  In section 297C (forfeiture of unauthorised decoders: England and Wales or Northern Ireland), in subsection (2), for the “or” at the end of paragraph (b) substitute—U.K.

(ba)an offence under the Business Protection from Misleading Marketing Regulations 2008,

(bb)an offence under the Consumer Protection from Unfair Trading Regulations 2008, or.

45.  In section 297D (forfeiture of unauthorised decoders: Scotland), in subsection (15), for the definition of “relevant offence” substitute—U.K.

relevant offence” means—

(a)

an offence under section 297A(1) (criminal liability for making, importing, etc unauthorised decoders),

(b)

an offence under the Trade Descriptions Act 1968,

(c)

an offence under the Business Protection from Misleading Marketing Regulations 2008,

(d)

an offence under the Consumer Protection from Unfair Trading Regulations 2008, or

(e)

any offence involving dishonesty or deception;.

Road Traffic Act 1988U.K.

46.  In section 80 of the Road Traffic Act 1988 F57 (approval marks) —

(a)in subsection (1), omit the words from “, and any markings” to the end;

(b)in subsection (2), omit the words from “, whether or not” to the end.

Water Act 1989U.K.

47.  In section 174 of the Water Act 1989 F58 (general restrictions on disclosure of information), in subsection (3)—

(a)after paragraph (lo) insert—

(lp)any subordinate legislation made for the purpose of securing compliance with Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market;

(b)for paragraph (m) substitute—

(m)any subordinate legislation made for the purpose of securing compliance with Directive 2006/114/EC of the European Parliament and of the Council of 12 December 2006 concerning misleading and comparative advertising..

Courts and Legal Services Act 1990U.K.

48.  In section 50 of the Courts and Legal Services Act 1990 F59 (exceptions from restrictions on disclosure), in subsection (2)(m)—

(a)omit sub-paragraph (viii), and

(b)after sub-paragraph (xi) insert—

(xii)the Business Protection from Misleading Marketing Regulations 2008;

(xiii)the Consumer Protection from Unfair Trading Regulations 2008;.

Water Industry Act 1991U.K.

49.  In Schedule 15 to the Water Industry Act 1991 F60 (enactments etc in respect of which disclosure may be made), in Part 2—

(a)omit the words from “Any subordinate legislation” to the end, and

(b)at the end insert—

Any subordinate legislation made for the purpose of securing compliance with Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market. Any subordinate legislation made for the purpose of securing compliance with Directive 2006/114/EC of the European Parliament and of the Council of 12 December 2006 concerning misleading and comparative advertising..

Water Resources Act 1991U.K.

50.  In Schedule 24 to the Water Resources Act 1991 F61 (enactments etc in respect of which disclosure may be made), in Part 2—

(a)omit the words “Any subordinate legislation” to the end, and

(b)at the end insert—

Any subordinate legislation made for the purpose of securing compliance with Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market. Any subordinate legislation made for the purpose of securing compliance with Directive 2006/114/EC of the European Parliament and of the Council of 12 December 2006 concerning misleading and comparative advertising..

North Yorkshire County Council Act 1991U.K.

51.  In section 6 of the North Yorkshire County Council Act 1991 F62 (control of occasional sales), subsections (6) and (7) shall cease to have effect.

Railways Act 1993U.K.

52.  In section 145 of the Railways Act 1993 F63 (general restrictions on disclosure of information), in subsection (3)—

(a)after paragraph (qt) insert—

(qu)any subordinate legislation made for the purpose of securing compliance with Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market;

(b)for paragraph (r) substitute—

(r)any subordinate legislation made for the purpose of securing compliance with Directive 2006/114/EC of the European Parliament and of the Council of 12 December 2006 concerning misleading and comparative advertising..

F631993 c.43; section 145 was amended by paragraph 127(1) and (3) of Schedule 17 to the Communications Act 2003 (c.21).

Trade Marks Act 1994U.K.

53.  The Trade Marks Act 1994 F64 is amended as follows.

F641994 c.26; section 91 was amended by paragraph 58 of Schedule 4 to the Commissioners for Revenue and Customs Act 2005 (c.11).

54.  In section 91 (power of Commissioners for Revenue and Customs to disclose information), for the words from “an offence under” to the end substitute “an offence under—U.K.

(a)section 92 below (unauthorised use of trade mark, &c in relation to goods),

(b)the Trade Descriptions Act 1968,

(c)the Business Protection from Misleading Marketing Regulations 2008, or

(d)the Consumer Protection from Unfair Trading Regulations 2008..

55.  In section 97 (forfeiture: England and Wales or Northern Ireland), in subsection (8), for the words from “an offence under” to the end substitute—U.K.

(a)an offence under section 92 above (unauthorised use of trade mark, &c in relation to goods),

(b)an offence under the Trade Descriptions Act 1968,

(c)an offence under the Business Protection from Misleading Marketing Regulations 2008,

(d)an offence under the Consumer Protection from Unfair Trading Regulations 2008, or

(e)any offence involving dishonesty or deception..

56.  In section 98 (forfeiture: Scotland), in subsection (14), in the definition of “relevant offence”, for the words from “an offence under” to the end substitute—U.K.

(a)an offence under section 92 above (unauthorised use of trade mark, &c in relation to goods),

(b)an offence under the Trade Descriptions Act 1968,

(c)an offence under the Business Protection from Misleading Marketing Regulations 2008,

(d)an offence under the Consumer Protection from Unfair Trading Regulations 2008, or

(e)any offence involving dishonesty or deception;.

Coal Industry Act 1994U.K.

57.  In section 59 of the Coal Industry Act 1994 F65 (information to be kept confidential by the Authority), in subsection (4)—

(a)omit paragraph (m), and

(b)after paragraph (p) insert—

(q)any subordinate legislation made for the purpose of securing compliance with Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market;

(r)any subordinate legislation made for the purpose of securing compliance with Directive 2006/114/EC of the European Parliament and of the Council of 12 December 2006 concerning misleading and comparative advertising..

London Local Authorities Act 1996U.K.

58.  Section 16 of the London Local Authorities Act 1996 F66 (display of names, etc) shall cease to have effect.

Greater London Authority Act 1999U.K.

59.  In section 235 of the Greater London Authority Act 1999 F67 (restrictions on disclosure of information), in subsection (3)—

(a)after paragraph (rt) insert—

(ru)any subordinate legislation made for the purpose of securing compliance with Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market;;

(b)for paragraph (s) substitute—

(s)any subordinate legislation made for the purpose of securing compliance with Directive 2006/114/EC of the European Parliament and of the Council of 12 December 2006 concerning misleading and comparative advertising..

Postal Services Act 2000U.K.

F6860.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Utilities Act 2000U.K.

61.  In section 105 of the Utilities Act 2000 F69 (general restrictions on disclosure of information), in subsection (6)—

(a)omit paragraph (k), and

(b)after paragraph (u) insert—

(v)the Business Protection from Misleading Marketing Regulations 2008;

(w)the Consumer Protection from Unfair Trading Regulations 2008..

F692000 c.27; section 105(6)(u) was inserted by section 59(1) of, and paragraph 16 of Schedule 12 to, the Railways Act 2005 (c.14).

Transport Act 2000U.K.

62.  In Schedule 9 to the Transport Act 2000 F70 (air traffic: information), in paragraph 3(3)—

(a)after paragraph (s) insert—

(sa)any subordinate legislation made for the purpose of securing compliance with Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market;;

(b)for paragraph (t) substitute—

(t)any subordinate legislation made for the purpose of securing compliance with Directive 2006/114/EC of the European Parliament and of the Council of 12 December 2006 concerning misleading and comparative advertising;.

Criminal Justice and Police Act 2001U.K.

F7163.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7164.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

F7165.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

Kent County Council Act 2001U.K.

66.  Section 13 of the Kent County Council Act 2001 F72 (display of name and address) shall cease to have effect.

Medway Council Act 2001U.K.

67.  Section 13 of the Medway Council Act 2001 F73 (display of name and address) shall cease to have effect.

Enterprise Act 2002U.K.

68.  The Enterprise Act 2002 F74 is amended as follows.

F742002 c.40; paragraph 7A was inserted by regulation 22(2)(b) of S.I. 2006/3363 and paragraph 11 was substituted by paragraph 19 of the Schedule to S.I. 2005/2759.

69.  Section 10(2) (saving of section 22 of the Fair Trading Act 1973 and orders made under it) shall cease to have effect (and accordingly the provisions of the Fair Trading Act 1973 referred to in Schedule 4 are repealed to the extent specified there, subject to any provision of that Schedule).U.K.

70.  In Schedule 13 (listed Directives and Regulations)—U.K.

(a)omit paragraph 1 (Council Directive 84/450/EEC concerning misleading advertising);

(b)omit paragraph 7A (Directive 97/55/EC of the European Parliament and of the Council amending Directive 84/450/EEC);

(c)in paragraph 11, for “Articles 83 to 100” substitute “ Articles 86 to 100 ”.

Licensing Act 2003U.K.

71.  In Schedule 4 to the Licensing Act 2003 F75 (personal licence: relevant offences), at the end insert—

22.  An offence under regulation 6 of the Business Protection from Misleading Marketing Regulations 2008 (offence of misleading advertising) in circumstances where the advertising in question relates to alcohol or to goods that include alcohol.

23.  An offence under regulation 8, 9, 10, 11 or 12 of the Consumer Protection from Unfair Trading Regulations 2008 (offences relating to unfair commercial practices) in circumstances where the commercial practice in question is directly connected with the promotion, sale or supply of alcohol or of a product that includes alcohol..

Communications Act 2003U.K.

72.  In section 393 of the Communications Act 2003 F76 (general restrictions on disclosure of information), in subsection (5), for paragraph (p) substitute—

(p)the Business Protection from Misleading Marketing Regulations 2008;

(q)the Consumer Protection from Unfair Trading Regulations 2008..

Nottingham City Council Act 2003U.K.

73.  Section 12 of the Nottingham City Council Act 2003 F77 (display of name and address) shall cease to have effect.

Wireless Telegraphy Act 2006U.K.

74.  In section 111 of the Wireless Telegraphy Act 2006 F78 (disclosure of information), in subsection (6), for paragraph (n) substitute—

(n)the Business Protection from Misleading Marketing Regulations 2008;

(o)the Consumer Protection from Unfair Trading Regulations 2008..

Companies Act 2006U.K.

75.  In Part 2 of Schedule 2 to the Companies Act 2006 F79 (specified descriptions of disclosures), in paragraph 34—

(a)omit paragraph (h);

(b)after paragraph (i) insert—

(j)the Business Protection from Misleading Marketing Regulations 2008;

(k)the Consumer Protection from Unfair Trading Regulations 2008..

PART 2 U.K.Amendments to other legislation

Tourism (Sleeping Accommodation Price Display) Order 1977U.K.

76.  The Tourism (Sleeping Accommodation Price Display) Order 1977 F80 is revoked.

Weights and Measures (Northern Ireland) Order 1981U.K.

77.  Article 22(2) of the Weights and Measures (Northern Ireland) Order 1981 F81 is revoked.

F81S.I. 1981/231 (N.I.10) to which there are amendments not relevant to these Regulations..

Road Vehicles (Construction and Use) Regulations 1986U.K.

78.  Regulation 5 of the Road Vehicles (Construction and Use) Regulations 1986 F82 (Trade Descriptions Act 1968) is revoked.

F82S.I. 1986/1078, to which there are amendments not relevant to these Regulations.

The Companies (Northern Ireland) Order 1986U.K.

79.  In Schedule 15D F83 (Disclosures) to the Companies (Northern Ireland) Order 1986 in paragraph 16—

(a)omit sub-paragraph (h), and

(b)after sub-paragraph (i) insert—

(j)the Business Protection from Misleading Marketing Regulations 2008;

(k)the Consumer Protection from Unfair Trading Regulations 2008..

Consumer Protection (Northern Ireland) Order 1987U.K.

80.  Articles 13 to 27, 30 and 33 of the Consumer Protection (Northern Ireland) Order 1987 F84 are revoked.

Control of Misleading Advertisements Regulations 1988U.K.

81.  The Control of Misleading Advertisements Regulations 1988 F85 are revoked.

F85S.I. 1988/915, amended by S.I. 2000/914, 2003/3183.

Road Vehicles Lighting Regulations 1989U.K.

82.  Regulation 10 of the Road Vehicles Lighting Regulations 1989 F86 (provision as respects the Trade Descriptions Act 1968) is revoked.

F86S.I. 1989/1796, to which there are amendments not relevant to these Regulations..

Estate Agents (Specified Offences) (No. 2) Order 1991U.K.

83.—(1) The Schedule to the Estate Agents (Specified Offences) (No.2) Order 1991 F87 (specified offences) is amended as follows.

(2) Omit the entry for the Consumer Protection Act 1987.

(3) Omit the entry for the Consumer Protection (Northern Ireland) Order 1987.

(4) Immediately before the entry for the Property Misdescriptions Act 1991 insert—

Business Protection from Misleading Marketing Regulations 2008

Regulation 6

Regulation 25

Misleading advertisements

Obstruction of authorised officers

(5) In the entry for the Trade Descriptions Act 1968—

(a)in the column headed “Provision” omit “Section 1(1)”, “Section 13” and “Section 14(1)(b)”;

(b)in the column headed “Description of Offence” omit “Applying false trade description in relation to goods”, “False representations as to supply of goods or services”, “False or misleading statements as to services etc”.

(6) Add at the end—

Consumer Protection from Unfair Trading Regulations 2008Regulation 8Offences relating to unfair commercial practices
Regulation 9
Regulation 10
Regulation 11
Regulation 12
Regulation 23Obstruction of authorised officers

F87S.I. 1991/1091, amended by S.I. 1992/2833; there are other amending instruments but none is relevant.

Airports (Northern Ireland) Order 1994U.K.

84.  In Article 49 of the Airports (Northern Ireland) Order 1994 F88 (restriction on disclosure of information), in paragraph (3)—

(a)omit sub-paragraph (l), and

(b)after sub-paragraph (u) add—

(v)the Business Protection from Misleading Marketing Regulations 2008;

(w)the Consumer Protection from Unfair Trading Regulations 2008..

Motor Cycle Silencer and Exhaust Systems Regulations 1995U.K.

85.  Regulation 7 of the Motor Cycle Silencer and Exhaust Systems Regulations 1995 F89 (the Trade Descriptions Act 1968) is revoked.

Energy Information (Washing Machines) Regulations 1996U.K.

86.  In Schedule 5 to the Energy Information (Washing Machines) Regulations 1996 F90 (offences, enforcement and other matters), in paragraph 15(3)—

(a)omit paragraph (i), and

(b)after paragraph (h) insert—

(k)any subordinate legislation made for the purpose of securing compliance with Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market;

(l)any subordinate legislation made for the purpose of securing compliance with Directive 2006/114/EC of the European Parliament and of the Council of 12 December 2006 concerning misleading and comparative advertising..

F90S.I. 1996/600, amended by S.I. 2001/3142; there are other amending instruments but none is relevant.

Energy Information (Tumble Driers) Regulations 1996U.K.

87.  In Schedule 5 to the Energy Information (Tumble Driers) Regulations 1996 F91 (offences, enforcement and other matters), in paragraph 15(3)—

(a)omit paragraph (i), and

(b)after paragraph (h) insert—

(k)any subordinate legislation made for the purpose of securing compliance with Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market;

(l)any subordinate legislation made for the purpose of securing compliance with Directive 2006/114/EC of the European Parliament and of the Council of 12 December 2006 concerning misleading and comparative advertising..

F91S.I. 1996/601, amended by S.I. 2001/3142; there are other amending instruments but none is relevant.

Energy Information (Combined Washer-Driers) Regulations 1997U.K.

88.  In Schedule 5 to the Energy Information (Combined Washer-Driers) Regulations 1997 F92 (offences, enforcement and other matters), in paragraph 15(3)—

(a)omit paragraph (i), and

(b)after paragraph (h) insert—

(k)any subordinate legislation made for the purpose of securing compliance with Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market;

(l)any subordinate legislation made for the purpose of securing compliance with Directive 2006/114/EC of the European Parliament and of the Council of 12 December 2006 concerning misleading and comparative advertising..

F92S.I. 1997/1624, amended by S.I. 2001/3142; there are other amending instruments but none is relevant.

Motor Cycles (Protective Helmets) Regulations 1998U.K.

89.  In regulation 6 of the Motor Cycle (Protective Helmets) Regulations 1998 F93 (saving for the Trade Descriptions Act 1968 and the Consumer Protection Act 1987) omit the words “the Trade Descriptions Act 1968 or”.

F93S.I. 1998/1807, to which there are amendments not relevant to these Regulations.

Motor Cycles (Protective Headgear) Regulations (Northern Ireland) 1999U.K.

90.  In regulation 4 of the Motor Cycles (Protective Headgear) Regulations (Northern Ireland) 1999 F94 (saving for the Trade Descriptions Act 1968, the Consumer Protection Act 1987 and the Consumer Protection (Northern Ireland) Order 1987) omit the words “the Trade Descriptions Act 1968”.

F94S.R. (NI) 1999 No 170.

Motor Vehicles (Construction and Use) Regulations (Northern Ireland) 1999U.K.

91.  Regulation 4 of the Motor Vehicles (Construction and Use) Regulations (Northern Ireland) 1999 F95 (Trade Descriptions Act 1968) is revoked.

F95S.R. (NI) 1999 No 454, to which there are amendments not relevant to these Regulations.

Energy Information (Lamps) Regulations 1999U.K.

92.  In Schedule 4 to the Energy Information (Lamps) Regulations 1999 F96 (offences, enforcement and other matters), in paragraph 12(3)—

(a)omit paragraph (i), and

(b)after paragraph (h) insert—

(j)any subordinate legislation made for the purpose of securing compliance with Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market;

(k)any subordinate legislation made for the purpose of securing compliance with Directive 2006/114/EC of the European Parliament and of the Council of 12 December 2006 concerning misleading and comparative advertising..

F96S.I. 1999/1517, to which there are amendments not relevant to these Regulations..

Energy Information (Dishwashers) Regulations 1999U.K.

93.  In Schedule 5 to the Energy Information (Dishwashers) Regulations 1999 F97 (offences, enforcement and other matters), in paragraph 12(3)—

(a)omit paragraph (i), and

(b)after paragraph (h) insert—

(j)any subordinate legislation made for the purpose of securing compliance with Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market;

(k)any subordinate legislation made for the purpose of securing compliance with Directive 2006/114/EC of the European Parliament and of the Council of 12 December 2006 concerning misleading and comparative advertising..

F97S.I. 1999/1676, to which there are amendments not relevant to these Regulations.

Road Vehicles Lighting Regulations (Northern Ireland) 2000U.K.

94.  Regulation 12 of the Road Vehicles Lighting Regulations (Northern Ireland) 2000 F98 is revoked.

F98S.R. (NI) 2000 No 169 to which there are amendments not relevant to these Regulations.

Control of Misleading Advertisements (Amendment) Regulations 2000U.K.

95.  The Control of Misleading Advertisements (Amendment) Regulations 2000 F99 are revoked.

Consumer Protection (Distance Selling) Regulations 2000U.K.

96.  In regulation 24 of the Consumer Protection (Distance Selling) Regulations 2000 F100 (inertia selling) omit paragraphs (4), (5), (7), (8) and (9).

F100S.I. 2000/2334, amended by S.I. 2005/55; there are other amending instruments but none is relevant.

Sale and Supply of Goods to Consumers Regulations 2002U.K.

F10197.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Energy (Northern Ireland) Order 2003U.K.

98.  In Article 63 of the Energy (Northern Ireland) Order 2003 F102 (general restrictions on disclosure of information), in paragraph (6)—

(a)omit paragraph (m);

(b)after paragraph (u) insert—

(v)the Business Protection from Misleading Marketing Regulations 2008;

(w)the Consumer Protection from Unfair Trading Regulations 2008..

Energy Information (Household Electric Ovens) Regulations 2003U.K.

99.  In Schedule 6 to the Energy Information (Household Electric Ovens) Regulations 2003 F103 (offences, enforcement and other matters), in paragraph 12(3)—

(a)omit paragraph (i), and

(b)after paragraph (h) insert—

(j)any subordinate legislation made for the purpose of securing compliance with Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market;

(k)any subordinate legislation made for the purpose of securing compliance with Directive 2006/114/EC of the European Parliament and of the Council of 12 December 2006 concerning misleading and comparative advertising..

Enterprise Act 2002 (Part 8 Community Infringements Specified UK Laws) Order 2003U.K.

100.—(1) The Enterprise Act 2002 (Part 8 Community Infringements Specified UK Laws) Order 2003 F104 is amended as follows.

(2) In the Schedule (listed directives)—

(a)omit the entry for Council Directive 84/450/EEC of 10th September 1984 relating to the approximation of the laws, regulations and administrative provisions of the Member States concerning misleading advertising;

(b)in the entry in the column headed “Specified UK laws” in respect of Directive 1999/44/EC omit from sub-paragraph (iv) “and articles 4 and 5 of the Consumer Transactions (Restrictions on Statements) Order 1976 (consumer guarantees)”;

(c)after the entry for Directive 2002/65/EC insert—

Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal marketConsumer Protection from Unfair Trading Regulations 2008.

F104S.I. 2003/1374, amended by S.I. 2004/2095; there are other amending instruments but none is relevant.

Enterprise Act 2002 (Part 8 Notice to OFT of Intended Prosecution, Specified Enactments, Revocation and Transitional Provision) Order 2003U.K.

101.—(1) In the Schedule to the Enterprise Act 2002 (Part 8 Notice to OFT of Intended Prosecution, Specified Enactments, Revocation and Transitional Provision) Order 2003 F105 the table is amended as follows.

(2) In the entry in the column headed “Extent of Specification” in respect of the Consumer Protection Act 1987 F106 omit “and all offences under Part III (misleading price indications)”.

(3) Omit the entry for the Fair Trading Act 1973 F107.

(4) Omit the entry for the Mock Auctions Act 1961 F108.

(5) After the entry for the Trade Marks Act 1994 F109 insert—

Consumer Protection from Unfair Trading Regulations 2008.All offences under those Regulations..

(6) In the entry in the column headed “Extent of Specification” in respect of the Weights and Measures Act 1985 F110 omit “29 misrepresentation”.

F105S.I. 2003/1376, to which there are amendments not relevant to these Regulations.

Enterprise Act 2002 (Part 8 Domestic Infringements) Order 2003U.K.

102.—(1) The Enterprise Act 2002 (Part 8 Domestic Infringements) Order 2003 F111 is amended as follows.

(2) In the Schedule (specified acts or omissions)—

(a)omit the entries for—

(i)the Business Advertisements (Disclosure) Order 1977 F112;

(ii)the Consumer Protection Act 1987 F113;

(iii)the Consumer Transactions (Restrictions on Statements) Order 1976 F114;

(iv)the Control of Misleading Advertisements Regulations 1988 F115;

(v)the Mock Auctions Act 1961;

(vi)the Consumer Protection (Northern Ireland) Order 1987 F116;

(b)in the column headed “Extent” in respect of the Weights and Measures Act 1985 omit “29 (misrepresentation),”;

(c)in the column headed “Extent” in respect of the Weights and Measures (Northern Ireland) Order 1981, for the words “Articles 19(1) to (6)” to the end, substitute “ Articles 19(1) to (6), 20, 22(1) and (3) to (9) (requirements to sell goods by particular quantities, short weight, 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). ”

Enterprise Act 2002 (Part 9 Restrictions on Disclosure of Information) (Amendment and Specification) Order 2003U.K.

103.—(1) The Enterprise Act 2002 (Part 9 Restrictions on Disclosure of Information) (Amendment and Specification) Order 2003 F117 is amended as follows.

(2) In Schedule 3—

(a)omit the words “Control of Misleading Advertisements Regulations 1988”;

(b)add after “General Product Safety Regulations 2005”—

Consumer Protection from Unfair Trading Regulations 2008.

Business Protection from Misleading Marketing Regulations 2008..

(3) In Schedule 4—

(a)omit the words “Control of Misleading Advertisements Regulations 1988”;

(b)add after “Parts 2 and 3 of the Railways and Other Guided Transport Systems (Safety) Regulations 2006”—

Consumer Protection from Unfair Trading Regulations 2008.

Business Protection from Misleading Marketing Regulations 2008..

F117S.I. 2003/1400; relevant amending instruments are S.I. 2005/1803, 2006/1057.

Price Marking (Food and Drink) Services Order 2003U.K.

104.  The Price Marking (Food and Drink) Services Order 2003 F118 is revoked.

Control of Misleading Advertisements (Amendment) Regulations 2003U.K.

105.  The Control of Misleading Advertisements (Amendment) Regulations 2003 F119 are revoked.

Price Marking (Food and Drink) Services Order (Northern Ireland) 2004U.K.

106.  The Price Marking (Food and Drink) Services Order (Northern Ireland) 2004 F120 is revoked.

F120S.R. (NI) 2004 No 369.

Energy Information (Household Refrigerators and Freezers) Regulations 2004U.K.

107.  In Schedule 6 to the Energy Information (Household Refrigerators and Freezers) Regulations 2004 F121 (offences, enforcement and other matters), in paragraph 12(3)—

(a)omit paragraph (h); and

(b)after paragraph (g) insert—

(i)any subordinate legislation made for the purpose of securing compliance with Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market;

(j)any subordinate legislation made for the purpose of securing compliance with Directive 2006/114/EC of the European Parliament and of the Council of 12 December 2006 concerning misleading and comparative advertising..

Consumer Credit (Advertisements) Regulations 2004U.K.

108.—(1) The Consumer Credit (Advertisements) Regulations 2004 F122 are amended as follows.

(2) In regulation 1(2) (citation, commencement and interpretation) omit the definitions of “hire advertisement” and of “hire payment”.

(3) In regulation 2 (duty to comply) omit “or a hire advertisement”.

(4) In regulation 3 (general requirements) omit “or hire advertisement”.

(5) In regulation 4 (content of advertisements)—

(a)in paragraph 1 omit “, and where a hire advertisement includes any of the amounts referred to in paragraph 4 or 5 of Schedule 3 to these Regulations,”;

(b)in paragraph 2 omit “in the case of credit advertisement, and the items of information listed in Schedule 3 in the case of a hire advertisement,”;

(c)in paragraph 3(b) omit “or hire advertisement, as the case may be,”.

(6) In regulation 7 (security)—

(a)in paragraph 1 omit “or hire advertisement”;

(b)omit paragraph 5;

(c)omit paragraph 7;

(d)in paragraph 8 for “Paragraphs (2)-(7)” substitute “ Paragraphs (2), (3), (4) and (6) ”.

(7) In regulation 9(2) (restrictions on certain expressions in credit advertisements) omit “, and a hire advertisement shall not include in relation to any hire payment,”.

(8) Omit Schedule 3.

Contracting Out (Functions relating to Broadcast Advertising) and Specification of Relevant Functions Order 2004U.K.

109.—(1) The Contracting Out (Functions relating to Broadcast Advertising) and Specification of Relevant Functions Order 2004 F123 is amended as follows.

(2) In article 2 (interpretation), in paragraph (1), omit the definition of “the 1988 Regulations”.

(3) Omit article 6.

(4) In article 8 (exercise of functions by an authorised person), in paragraph (3), omit sub-paragraph (e) and the “and” preceding it.

Financial Services (Distance Marketing) Regulations 2004U.K.

110.—(1) The Financial Services (Distance Marketing) Regulations 2004 F124 are amended as follows.

(2) In regulation 15 (unsolicited services) omit paragraphs (2), (3), (5), (6) and (7).

(3) In regulation 22 (offences)—

(a)in paragraph (2) omit “, or under regulation 15(2) or (3),”;

(b)in paragraph (4) omit “, or under regulation 15(2) or (3),”;

(c)in paragraph (5) omit “or under regulation 15(2) or (3),”.

Duty Stamps Regulations 2006U.K.

111.  In regulation 10 of the Duty Stamps Regulations 2006 F125 (disqualification from being registered), in paragraph (7)(b)—

(a)after “Forgery and Counterfeiting Act 1981” insert—

an offence under regulation 6 of the Business Protection from Misleading Marketing Regulations 2008 (but only if the goods to which the advertising in question related were, or included, dutiable alcoholic liquor);;

(b)at the end add—

an offence under regulation 8, 9, 10, 11 or 12 of the Consumer Protection from Unfair Trading Regulations 2008 (but only if the product to which the unfair commercial practice related was, or included, dutiable alcoholic liquor);.

The Water and Sewerage Services (Northern Ireland) Order 2006U.K.

112.  In Article 265 of the Water and Sewerage Services (Northern Ireland) Order 2006 F126 (restriction on disclosure of information), in paragraph (5)—

(a)omit sub-paragraph (h);

(b)after sub-paragraph (q) add—

(r)the Business Protection from Misleading Marketing Regulations 2008;

(s)the Consumer Protection from Unfair Trading Regulations 2008..

Enterprise Act 2002 (Part 8 Community Infringements Specified UK Laws) Order 2006U.K.

113.  In the Schedule to the Enterprise Act 2002 (Part 8 Community Infringements Specified UK Laws) Order 2006 F127 (listed Directives and Regulation) omit the entry for Directive 97/55/EC of the European Parliament and of the Council of 6 October 1997.

Licensing (Relevant Offences) (Scotland) Regulations 2007U.K.

114.  In the Schedule to the Licensing (Relevant Offences) (Scotland) Regulations 2007 F128 (relevant offences), at the end insert—

45.  An offence under regulation 6 of the Business Protection from Misleading Marketing Regulations 2008 (offence of misleading advertising) in circumstances where the advertising in question relates to alcohol or to goods that include alcohol.

46.  An offence under regulation 8, 9, 10, 11 or 12 of the Consumer Protection from Unfair Trading Regulations 2008 (offences relating to unfair commercial practices) in circumstances where the commercial practice in question is directly connected with the promotion, sale or supply of alcohol or of a product that includes alcohol..

Legislative and Regulatory Reform (Regulatory Functions) Order 2007U.K.

115.—(1) In the Schedule to the Legislative and Regulatory Reform (Regulatory Functions) Order 2007 F129, Part 3 is amended as follows.

(2) In the heading “Consumer and business protection”—

(a)omit the words “Textile Products (Determination of Composition) Regulations 2006”;

(b)after the entry for the Electromagnetic Compatibility Regulations 2006 F130 insert—

Textile Products (Determination of Composition) Regulations 2008

Business Protection from Misleading Marketing Regulations 2008

Consumer Protection from Unfair Trading Regulations 2008..

Regulation 30(2)

SCHEDULE 3U.K.Transitional and Saving Provisions

Trade Descriptions Act 1968U.K.

1.  Notwithstanding the repeal by these Regulations of section 5 of the Trade Descriptions Act 1968—

(a)section 5(3) shall continue to apply for the purposes of section 1(8) of the Hallmarking Act 1973 F131 as it applied before that repeal, and

(b)section 5 shall continue to apply for the purposes of regulation 8(1) of the Crystal Glass (Descriptions) Regulations 1973 F132 as it applied before that repeal.

2.  The repeal of section 19(4)(b) and (c) of the Trade Descriptions Act 1968 shall not have effect in relation to the references to section 19 in—U.K.

(a)regulation 8(2) of the Crystal Glass (Descriptions) Regulations 1973;

(b)regulation 11(1) of the Textile Products (Indications of Fibre Content) Regulations 1986 F133;

(c)regulation 4(1) of the Electro-medical Equipment (EEC Requirements) Regulations 1988 F134; and

(d)regulation 10(1) of the Footwear (Indication of Composition) Labelling Regulations 1995 F135.

3.  The repeal of section 24(3) of the Trade Descriptions Act 1968 shall not have effect in relation to the references to section 24 in—U.K.

(a)regulation 8(2) of the Crystal Glass (Descriptions) Regulations 1973;

(b)regulation 11(1) of the Textile Products (Indications of Fibre Content) Regulations 1986;

(c)regulation 4(1) of the Electro-medical Equipment (EEC Requirements) Regulations 1988; and

(d)regulation 10(1) of the Footwear (Indication of Composition) Labelling Regulations 1995.

4.  Notwithstanding the repeal by these Regulations of section 39(2) of the Trade Descriptions Act 1968, that subsection shall continue to apply for the purposes of section 1 of the Hallmarking Act 1973 as it applied before that repeal.U.K.

Application of the Consumer Protection Act 1987 to the Price Indications (Bureaux de Change) (No. 2) Regulations 1992U.K.

5.—(1) Despite the repeal by these Regulations of section 26 of the Consumer Protection Act 1987, the Price Indications (Bureaux de Change) (No. 2) Regulations 1992 F136 shall continue in force, and that section shall continue to have effect as it had effect immediately before the coming into force of these Regulations for the purposes of amending or revoking those Regulations.

(2) Where these Regulations repeal a provision of the Consumer Protection Act 1987 that, immediately before the coming into force of these Regulations, was applied by the Price Indications (Bureaux de Change) (No. 2) Regulations 1992 to an offence under those Regulations, that provision shall continue to apply to that offence as it applied immediately before the coming into force of these Regulations, notwithstanding that repeal.

6.  Notwithstanding the repeals and amendments made by these Regulations to the provisions of Parts 4 and 5 of the Consumer Protection Act 1987 those provisions shall continue to apply in relation to the Price Indications (Bureaux de Change) (No. 2) Regulations 1992 as they applied before the coming into force of these Regulations.U.K.

Application of the Consumer Protection (Northern Ireland) Order 1987 to the Price Indications (Bureaux de Change) Regulations (Northern Ireland) 1992U.K.

7.—(1) Despite the repeal by these Regulations of Article 19 of the Consumer Protection (Northern Ireland) Order 1987 F137, the Price Indications (Bureaux de Change) Regulations (Northern Ireland) 1992 F138 shall continue in force, and that Article shall continue to have effect as it had effect immediately before the coming into force of these Regulations for the purpose of amending or revoking those Regulations.

(2) Where these Regulations repeal a provision of the Consumer Protection (Northern Ireland) Order 1987 that, immediately before the coming into force of these Regulations, was applied by the Price Indications (Bureaux de Change) Regulations (Northern Ireland) 1992 to an offence under that Order, that provision shall continue to apply to that offence as it applied immediately before the coming into force of these Regulations, notwithstanding that repeal.

F138S.R. (NI) 1992 No 272.

8.  Notwithstanding the repeals and amendments made by these Regulations to the provisions of Parts IV and V of the Consumer Protection (Northern Ireland) Order 1987 those provisions shall continue to apply in relation to the Price Indications (Bureaux de Change) Regulations (Northern Ireland) 1992 as they applied before the coming into force of these Regulations.U.K.

Enterprise Act 2002 (Part 8 Notice to OFT of Intended Prosecution, Specified Enactments, Revocation and Transitional Provision) Order 2003U.K.

9.—(1) This paragraph applies to offences under the following provisions—

(a)Part 3 of the Consumer Protection Act 1987 F139;

(b)section 23 of the Fair Trading Act 1973 F140;

(c)the Mock Auctions Act 1961;

(d)section 29 of the Weights and Measures Act 1985 F141.

(2) Notwithstanding the omission of the references to these provisions in the Enterprise Act 2002 (Part 8 Notice to OFT of Intended Prosecution, Specified Enactments, Revocation and Transitional Provision) Order 2003 F142 by these Regulations section 230 of the Enterprise Act 2002 shall continue to apply in relation to an intention by a local weights and measures authority in England and Wales to start proceedings for an offence to which paragraph (1) applies.

10.  Notwithstanding the amendments made by these Regulations to the Enterprise Act 2002 (Part 8 Notice to OFT of Intended Prosecution, Specified Enactments, Revocation and Transitional Provision) Order 2003 that Order shall continue to apply in relation to the Price Indications (Bureaux de Change) (No. 2) Regulations 1992 as it applied before the coming into force of these Regulations.U.K.

Enterprise Act 2002 (Part 8 Domestic Infringements) Order 2003U.K.

11.—(1) This paragraph applies to an act or omission which immediately before the date on which these Regulations come into force is a domestic infringement under section 211 of the Enterprise Act 2002 in respect of the provisions of—

(a)the Business Advertisements (Disclosure) Order 1977 F143;

(b)Part 3 of the Consumer Protection Act 1987 F144;

(c)Part III of the Consumer Protection (Northern Ireland) Order 1987;

(d)the Consumer Transactions (Restrictions on Statements) Order 1976 F145;

(e)the Control of Misleading Advertisements Regulations 1988 F146;

(f)the Mock Auctions Act 1961 F147;

(g)section 29 of the Weights and Measures Act 1985 F148;

(h)Article 22(2) of the Weights and Measures (Northern Ireland) Order 1981 F149.

(2) Notwithstanding the omission of the references to these provisions in the Enterprise Act 2002 (Part 8 Domestic Infringements) Order 2003 F150 by these Regulations an act or omission to which paragraph (1) applies shall continue to be a domestic infringement.

F146S.I.1988/915 amended by SI 2000/914, 2003/1400 and 2003/3183; there are other amending instruments but none is relevant.

12.  Notwithstanding the amendments made by these Regulations to the Enterprise Act 2002 (Part 8 Domestic Infringements) Order 2003 that Order shall continue to apply in relation to the Price Indications (Bureaux de Change) (No. 2) Regulations 1992 F151 as it applied before the coming into force of these Regulations.U.K.

Enterprise Act 2002 (Part 8 Community Infringements Specified UK Laws) Order 2003U.K.

13.—(1) This paragraph applies to an act or omission which immediately before the date on which these Regulations come into force is a Community infringement under section 212 of the Enterprise Act 2002 F152 by contravening the provisions of—

(a)Council Directive 84/450/EEC of 10 September 1984 relating to the approximation of the laws, regulations and administrative provisions of the Member States concerning misleading advertising F153;

(b)the Control of Misleading Advertisements Regulations 1988 except regulation 4A (comparative advertisements); or

(c)regulation 4 or 5 of the Consumer Transactions (Restrictions on Statements) Order 1976 F154.

(2) Notwithstanding the omission of the references to these provisions in the Enterprise Act 2002 (Part 8 Community Infringements Specified UK Laws) Order 2003 by these Regulations an act or omission to which paragraph (1) applies shall continue to be a Community infringement.

F153OJ No L250, 19.9.84, p17.

Enterprise Act 2002 (Part 8 Community Infringements Specified UK Laws) Order 2006U.K.

14.—(1) This paragraph applies to an act or omission which immediately before the date on which these Regulations come into force is a Community infringement under section 212 of the Enterprise Act 2002 by contravening the provisions of—

(a)Directive 97/55/EC of the European Parliament and of the Council of 6 October 1997 amending Directive 84/450/EEC concerning misleading advertising so as to include comparative advertising F155; or

(b)regulation 4A of the Control of Misleading Advertisements Regulations 1988.

(2) Notwithstanding the omission of the reference to these provisions in the Enterprise Act 2002 (Part 8 Community Infringements Specified UK Laws) Order 2006 F156 by these Regulations an act or omission to which paragraph (1) applies shall continue to be a Community infringement.

F155OJ No L290, 23.10.1997, p18.

Disclosure of informationU.K.

15.—(1) This paragraph applies in relation to information which immediately before the date on which these Regulations come into force was subject to the provisions of any enactment which permitted the disclosure of information for the purposes of any function under, or proceedings brought under or by virtue of—

(a)the Control of Misleading Advertisements Regulations 1988; or

(b)Part 2 of the Fair Trading Act 1973.

(2) Notwithstanding the repeal of such provisions by these Regulations such disclosure shall continue to be permitted.

Regulation 30(3)

SCHEDULE 4U.K.Repeals and Revocations

PART 1 U.K.Repeals

Short titleChapterExtent of repeal
Anglo-Portuguese Commercial Treaty Act 1914c.1In section 1, the words from “Provided that” to the end.
Anglo-Portuguese Commercial Treaty Act 1916c.39In section 1(1), the words from “Provided that” to the end.
Agricultural Produce (Grading and Marking) Act 1928c.19In section 4(2), the words “or an order under section 8 of the Trade Descriptions Act 1968”.
Fraudulent Mediums Act 1951c.33The whole Act.
Trading Representations (Disabled Persons) Act 1958c.49The whole Act.
The Trading Representations (Disabled Persons) Act (Northern Ireland) 1958c.24 (N.I.)The whole Act.
Mock Auctions Act 1961c.47The whole Act.
Trade Descriptions Act 1968c.29

Section 1(1).

Sections 5 to 10.

Sections 13 to 15.

Section 19(4)(b) and (c).

Section 21(1) and (2).

Section 22.

Section 24(3).

Section 32.

Section 37.

Section 39(2).

Trading Representations (Disabled Persons) Amendment Act 1972c.45The whole Act.
Local Government Act 1972c.70In Schedule 29, paragraph 44(2).
Greater London Council (General Powers) Act 1972c.xlIn section 17(5), the word “or” at the end of paragraph (b).
Fair Trading Act 1973c.41

Sections 23 to 33.

In section 132(1), the words “section 23,”.

Hallmarking Act 1973c.43Section 1(4).
Consumer Credit Act 1974c.39

Section 46.

In section 47, the words “or 46”.

Section 77(4)(b) and the word “and” preceding it.

Section 78(6)(b) and the word “and” preceding it.

Section 79(3)(b) and the word “and” preceding it.

Section 85(2)(b) and the word “and” preceding it.

Section 97(3)(b) and the word “and” preceding it.

Section 103(5).

Section 107(4)(b) and the word “and” preceding it.

Section 108(4)(b) and the word “and” preceding it.

Section 109(3)(b) and the word “and” preceding it.

Section 110(3)(b) and the word “and” preceding it.

In section 151, the words “, 46”.

In Schedule 1, the entries for sections 46(1), 77(4), 78(6), 79(3), 85(2), 97(3), 103(5), 107(4), 108(4), 109(3) and 110(3).

Customs and Excise Management Act 1979c.2In Schedule 4, in paragraph 12, the entry relating to the Trade Descriptions Act 1968.
Telecommunications Act 1984c.12In section 101(3), the paragraph (i) relating to the Control of Misleading Advertisements Regulations 1988.
Companies Act 1985c.6In Schedule 15D, paragraph 17(h).
Weights and Measures Act 1985c.72

Section 29.

In Schedule 12, paragraphs 3 and 4.

Airports Act 1986c.31Section 74(3)(j).
Consumer Protection Act 1987c.43

Sections 20 to 26.

In section 27(1)(a), the words “and the provisions made by or under Part III of this Act”.

In section 28—

(a) in subsection (1), the words “or any provision made by or under Part III of this Act” , and

(b) in subsection(2)(b)(i), the words “or of any provision made by or under Part III of this Act”.

In section 29, in each of subsections (2), (5) (6)(a) and (7), the words “or of any provision made by or under Part III of this Act”.

In section 30, in each of subsections (2)(a)(i) and (6)(a), the words “or of any provision made by or under Part III of this Act”.

In section 33, in each of subsections (2)(a)(i) and (3)(a)(i), the words “or of any provision made by or under Part III of this Act”.

In section 34(1)(a), the words “or of any provision made by or under Part III of this Act”.

In section 35(1)(a), the words “or of any provision made by or under Part III of this Act”.

In section 41, in each of subsections (2) and (3), the words “or of a provision made by or under Part III of this Act”.

In section 46(4), the words “or any provision made by or under Part III of this Act”.

County of Cleveland Act 1987c.ixSection 23(6) and (7).
Road Traffic Act 1988c.52In section 80(1)—

(a) the words from “, and any markings” to the end, and

(b) in subsection (2), the words from “, whether or not” to the end.

Courts and Legal Services Act 1990c.41In section 50(2)(m)—

(a) in sub-paragraph (ii), the words “(other than Part II)”, and

(b) sub-paragraph (viii).

Broadcasting Act 1990c.42In Schedule 20, paragraphs 48 and 49.
Water Industry Act 1991c.56In Schedule 15, in Part 2, the words from “Any subordinate legislation” to the end.
Water Resources Act 1991c.57In Schedule 24, in Part 2, the words from “Any subordinate legislation” to the end.
North Yorkshire County Council Act 1991c.xivSection 6(6) and (7).
Local Government (Wales) Act 1994c.19In Schedule 16, paragraph 13.
Coal Industry Act 1994c.21Section 59(4)(m).
Local Government (Scotland) Act 1994c.39In Schedule 13, paragraph 51.
Employment Rights Act 1996c.18In Schedule 1, paragraph 34.
London Local Authorities Act 1996c.ix

Section 16.

Section 18(3).

Utilities Act 2000c.27Section 105(6)(k).
Abolition of Feudal Tenure etc (Scotland) Act 2000asp 5In Schedule 12, paragraph 49.
Criminal Justice and Police Act 2001c.16

Section 66(4)(i).

In Schedule 1, paragraph 46.

In Schedule 2, paragraphs 4 and 9.

Kent County Council Act 2001c.iiiSection 13.
Medway Council Act 2001c.ivSection 13.
Enterprise Act 2002c.40

Section 10(2) to (4).

In Schedule 13, paragraphs 1 and 7A.

In Schedule 14, in the entry in respect of the Fair Trading Act 1973, the word “2”.

In Schedule 25, paragraphs 16 and 17.

Nottingham City Council Act 2003c.iiSection 12.
Companies Act 2006c.46In Schedule 2, paragraph 34(h).

The repeal of sections 29 to 33 of the Fair Trading Act 1973 has effect in accordance with paragraph 15 of Schedule 2.

PART 2 U.K.Revocations

TitleReferenceExtent of revocation
Tourism (Sleeping Accommodation Price Display) Order 1977S.I. 1977/1877The whole Order.
Weights and Measures (Northern Ireland) Order 1981S.I. 1981/231 (N.I. 10)

Article 22(2).

In Schedule 10, paragraph 2.

Road Vehicles (Construction and Use) Regulations 1986S.I. 1986/1078Regulation 5
The Companies (Northern Ireland) Order 1986S.I. 1986/1032 (N.I. 6)In Schedule 15D, paragraph 16(h).
Consumer Protection (Northern Ireland) Order 1987S.I. 1987/2049 (N.I. 20)Articles 13 to 27, 30 and 33.
Control of Misleading Advertising Regulations 1988S.I. 1988/915The whole Regulations.
Road Vehicles Lighting Regulations 1989S.I. 1989/1796Regulation 10.
Estate Agents (Specified Offences) (No.2) Order 1991S.I. 1991/1091In the Schedule, the entries for the Consumer Protection Act 1987 and the Consumer Protection (Northern Ireland) Order 1987; and in the entry for the Trade Descriptions Act 1968–

in the column headed “Provision”, the words “Section 1(1)”, “Section 13” and “Section 14(1)(b)”, and

in the column headed “Description of Offence”, the words “Applying false trade description in relation to goods”, “False representations as to supply of goods or services”, “False or misleading statements as to services etc”.

Airports (Northern Ireland) Order 1994S.I, 1994/426 (N.I.1)Article 49(3)(l).
Motor Cycle Silencer and Exhaust Systems Regulations 1995S.I. 1995/2370Regulation 7.
Energy Information (Washing Machines) Regulations 1996S.I. 1996/600In Schedule 5, paragraph 15(3)(i).
Energy Information (Tumble Driers) Regulations 1996S.I. 1996/601In Schedule 5, paragraph 15(3)(i).
Energy Information (Combined Washer-Driers) Regulations 1997S.I. 1997/1624In Schedule 5, paragraph 15(3)(i).
Motor Cycles (Protective Helmets) Regulations 1998S.I. 1998/1807In regulation 6, the words “the Trade Descriptions Act 1968 or”.
Motor Cycles (Protective Headgear) Regulations (Northern Ireland) 1999S.R. (NI) 1999 No 170In regulation 4, the words “the Trade Descriptions Act 1968 ”.
Motor Vehicles (Construction and Use) Regulations (Northern Ireland) 1999S.R. (NI) 1999 No 454Regulation 4.
Energy Information (Lamps) Regulations 1999S.I. 1999/1517In Schedule 4, paragraph 12(3)(i).
Energy Information (Dishwashers) Regulations 1999S.I. 1999/1676In Schedule 5, paragraph 12(3)(i).
The Road Vehicles Lighting Regulations (Northern Ireland) 2000S.R. (NI) 2000 No 169Regulation 12.
Control of Misleading Advertisements (Amendment) Regulations 2000S.I. 2000/914The whole Regulations.
Consumer Protection (Distance Selling) Regulations 2000S.I. 2000/2334Regulation 24(4), (5), (7), (8) and (9).
Energy (Northern Ireland) Order 2003S.I. 2003/419 (N.I.6)Article 63(6)(m).
Energy Information (Household Electric Ovens) Regulations 2003S.I. 2003/752In Schedule 6, paragraph 12(3)(i).
Enterprise Act 2002 (Part 8 Community Infringements Specified UK Laws) Order 2003S.I. 2003/1374In the Schedule, the entry for Council Directive 84/450/EEC, and in the entry for Directive 1999/44/EC, in the column headed “Specified UK laws”, in sub-paragraph (iv), the words “and articles 4 and 5 of the Consumer Transactions (Restrictions on Statements) Order 1976 (consumer guarantees)”.
Enterprise Act 2002 (Part 8 Notice to OFT of Intended Prosecution, Specified Enactments, Revocation and Transitional Provision) Order 2003S.I. 2003/1376

In the Schedule, the entries for—

the Fair Trading Act 1973; and

the Mock Auctions Act 1961; and

in the entry for the Consumer Protection Act 1987, in the column headed “Extent of Specification”, the words “and all offences under Part III (misleading price indications)”; and

in the entry for the Weights and Measures Act 1985, in the column headed “Extent of Specification”, the words “29 misrepresentation”.

Enterprise Act 2002 (Part 9 Restrictions on Disclosure of Information (Amendment and Specification) Order 2003S.I. 2003/1400

In Schedule 3, the words “Control of Misleading Advertisements Regulations 1988”.

In Schedule 4 the words “Control of Misleading Advertisements Regulations 1988”.

Enterprise Act 2002 (Part 8 Domestic Infringements) Order 2003S.I. 2003/1593

In the Schedule the entries for—

the Business Advertisements (Disclosure) Order 1977;

the Consumer Protection Act 1987;

the Consumer Transactions (Restriction on Statements) Order 1976;

the Control of Misleading Advertisements Regulations 1988;

the Mock Auctions Act 1961;

the Consumer Protection (Northern Ireland) Order 1987, and

in the entry for the Weights and Measures Act 1985, the words “29 (misrepresentation)”.

Price Marking (Food and Drink) Services Order 2003S.I. 2003/2253The whole Order.
Control of Misleading Advertisements (Amendment) Regulations 2003S.I. 2003/3183The whole Regulations.
Price Marking (Food and Drink) Services Order (Northern Ireland) 2004S.R.(NI) 2004 No 369The whole Order.
Energy Information (Household Refrigerators and Freezers) Regulations 2004S.I. 2004/1468In Schedule 6, paragraph 12(3)(h).
Consumer Credit (Advertisements) Regulations 2004S.I. 2004/1484

In regulation 1(2) the definitions of “hire advertisement” and of “hire payment”.

In regulation 2, the words “or a hire advertisement”.

In regulation 3, the words “or hire advertisement”.

In regulation 4—

(a) in paragraph (1), the words from “, and where a hire advertisement” to “Schedule 3 to these Regulations,”.

(b) in paragraph (2), the words from “in the case of credit advertisement” to “in the case of a hire advertisement,”

(c) in paragraph (3)(b), the words “or hire advertisement, as the case may be,”.

In regulation 7—

(a) in paragraph (1), the words “or hire advertisement”.

(b) paragraphs (5) and (7).

In regulation 9(2), the words “, and a hire advertisement shall not include in relation to any hire payment,”.

Schedule 3.

Contracting Out (Functions relating to Broadcast Advertising) and Specification of Relevant Functions Order 2004S.I. 2004/1975

In article 2(1), the definition of “the 1988 Regulations”.

Article 6.

Article 8(3)(e) and the word “and” preceding it.

In article 12, in each of paragraphs (1)(a) and (2), the word “,6”.

Financial Services (Distance Marketing) Regulations 2004S.I. 2004/2095

Regulation 15(2), (3), (5), (6) and (7).

In regulation 22, in each of paragraphs (2), (4) and (5), the words “, or under regulation 15(2) or (3),”.

Water and Sewerage Services (Northern Ireland) Order 2006S.I. 2006/3336 (N.I.21)Article 265(5)(h).
Legislative and Regulatory Reform (Regulatory Functions) Order 2007S.I. 2007/3544In the Schedule, in Part 3, the words “Textile Products (Determination of Composition) Regulations 2006”.

Explanatory Note

(This note is not part of the Regulations)

These Regulations implement Directive 2005/29/EC of the European Parliament and of the Council concerning unfair business-to-consumer commercial practices (OJ No L 149, 11.6.2005, p22) (“the Directive”). These Regulations also implement article 6.2 of Directive 1999/44/EC of the European Parliament and of the Council on certain aspects of the sale of consumer goods and associated guarantees (OJ No L171, 7.7.1999, p12) (“the Sale of Goods Directive”).

Part 2 sets out the prohibition on unfair commercial practices. The prohibition relates to commercial practices that contravene the requirements of professional diligence, misleading actions, misleading omissions, aggressive commercial practices and commercial practices of the type specified in Schedule 1. Part 2 also imposes a prohibition on the promotion of unfair commercial practices by persons responsible for codes of conduct for traders. The prohibitions will be enforceable through the procedure for the enforcement of Community infringements in Part 8 of the Enterprise Act 2002.

Part 3 provides that, with limited exceptions, breaches of the prohibition on unfair commercial practices will be criminal offences. It also provides, in relation to the offences, for defences of due diligence and innocent publication of advertisements.

Part 4 places a duty to enforce the Regulations on the OFT, local weights and measures authorities and the Department of Enterprise, Trade and Investment in Northern Ireland. These bodies are also given powers to investigate whether there has been a breach of the Regulations including a power to make test purchases and powers to enter premises with or without a warrant. Regulation 26 amends Schedule 13 to the Enterprise Act 2002 so that contravention of the Directive can be enforced under that Act as Community infringements. Regulation 27 inserts section 218A into the Act which provides for traders to substantiate claims where an application is made under the Act in relation to a Community infringement involving a contravention of the Directive.

Schedule 2 makes amendments to other enactments in order to ensure that enactments do not provide for requirements or prohibitions on commercial practices which exceed the level permitted by the Directive. The Schedule also makes amendments to accommodate the Directive and these Regulations. In addition the Schedule makes amendments to accommodate Directive 2006/114/EC of the European Parliament and the Council concerning misleading and comparative advertising (OJ No L. 376, 27.12.2006, p21) and the Business Protection from Misleading Marketing Regulations 2008 (S.I. 2008/1276) which implement that Directive. Paragraph 97 of Schedule 2 amends the Sale and Supply of Goods to Consumers Regulations 2002 in order to implement article 6.2 of the Sale of Goods Directive which was implemented by article 4 of the Consumer Transactions (Restrictions on Statements) Order 1976. This Order no longer has effect as a result of the repeal of section 10(2) of the Enterprise Act 2002 in paragraph 69 as a result of which section 22 of the Fair Trading Act 1973, under which the Order was made, is no longer saved.

Schedule 3 contains transitional and saving provisions.

Schedule 4 contains repeals and revocations.

A transposition note and an impact assessment of the effect that this instrument will have on the costs to business and the voluntary sector are available from the BERR website (www.berr.gov.uk). They are also annexed to the Explanatory Memorandum which is available alongside the instrument on the OPSI website (www.opsi.gov.uk). Copies have also been placed in the Libraries of both Houses of Parliament.

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