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The Consumer Protection from Unfair Trading Regulations 2008

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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 F1...U.K.

F1Words 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 F2 (meaning of “port” and “madeira” as applied to wine) omit the words from “Provided that” to the end.

F21914 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 F3 (further limitation of the use of the description “port”) omit the words from “Provided that” to the end.

F31916 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 F4 shall cease to have effect.

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

4.  The Trading Representations (Disabled Persons) Act 1958 F5 shall cease to have effect.

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

5.  The Trading Representations (Disabled Persons) Act (Northern Ireland) 1958 F6 shall cease to have effect.

Mock Auctions Act 1961U.K.

6.  The Mock Auctions Act 1961 F7 shall cease to have effect.

Trade Descriptions Act 1968U.K.

7.  The Trade Descriptions Act 1968 F8 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 F9 (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 F10 (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 F11 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 F12 (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 F13 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 F14 (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 F15 (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..

F151985 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 F16 (misrepresentation) shall cease to have effect.

Airports Act 1986U.K.

32.  In section 74 of the Airports Act 1986 F17 (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 F18 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 F19 (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 F20 is amended as follows.

F201988 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 F21 (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 F22 (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 F23 (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 F24 (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 F25 (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 F26 (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 F27 (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..

F271993 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 F28 is amended as follows.

F281994 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 F29 (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 F30 (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 F31 (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.

F3260.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Utilities Act 2000U.K.

61.  In section 105 of the Utilities Act 2000 F33 (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..

F332000 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 F34 (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.

F3563.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3564.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

F3565.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

Kent County Council Act 2001U.K.

66.  Section 13 of the Kent County Council Act 2001 F36 (display of name and address) shall cease to have effect.

Medway Council Act 2001U.K.

67.  Section 13 of the Medway Council Act 2001 F37 (display of name and address) shall cease to have effect.

Enterprise Act 2002U.K.

68.  The Enterprise Act 2002 F38 is amended as follows.

F382002 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 F39 (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 F40 (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 F41 (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 F42 (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 F43 (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 F44 is revoked.

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

77.  Article 22(2) of the Weights and Measures (Northern Ireland) Order 1981 F45 is revoked.

F45S.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 F46 (Trade Descriptions Act 1968) is revoked.

F46S.I. 1986/1078, to which there are amendments not relevant to these Regulations.

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

79.  In Schedule 15D F47 (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 F48 are revoked.

Control of Misleading Advertisements Regulations 1988U.K.

81.  The Control of Misleading Advertisements Regulations 1988 F49 are revoked.

F49S.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 F50 (provision as respects the Trade Descriptions Act 1968) is revoked.

F50S.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 F51 (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

F51S.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 F52 (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 F53 (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 F54 (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..

F54S.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 F55 (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..

F55S.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 F56 (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..

F56S.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 F57 (saving for the Trade Descriptions Act 1968 and the Consumer Protection Act 1987) omit the words “the Trade Descriptions Act 1968 or”.

F57S.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 F58 (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”.

F58S.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 F59 (Trade Descriptions Act 1968) is revoked.

F59S.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 F60 (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..

F60S.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 F61 (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..

F61S.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 F62 is revoked.

F62S.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 F63 are revoked.

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

96.  In regulation 24 of the Consumer Protection (Distance Selling) Regulations 2000 F64 (inertia selling) omit paragraphs (4), (5), (7), (8) and (9).

F64S.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.

F6597.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Energy (Northern Ireland) Order 2003U.K.

98.  In Article 63 of the Energy (Northern Ireland) Order 2003 F66 (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 F67 (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 F68 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.

F68S.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 F69 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 F70 omit “and all offences under Part III (misleading price indications)”.

(3) Omit the entry for the Fair Trading Act 1973 F71.

(4) Omit the entry for the Mock Auctions Act 1961 F72.

(5) After the entry for the Trade Marks Act 1994 F73 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 F74 omit “29 misrepresentation”.

F69S.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 F75 is amended as follows.

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

(a)omit the entries for—

(i)the Business Advertisements (Disclosure) Order 1977 F76;

(ii)the Consumer Protection Act 1987 F77;

(iii)the Consumer Transactions (Restrictions on Statements) Order 1976 F78;

(iv)the Control of Misleading Advertisements Regulations 1988 F79;

(v)the Mock Auctions Act 1961;

(vi)the Consumer Protection (Northern Ireland) Order 1987 F80;

(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 F81 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..

F81S.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 F82 is revoked.

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

105.  The Control of Misleading Advertisements (Amendment) Regulations 2003 F83 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 F84 is revoked.

F84S.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 F85 (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 F86 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 F87 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 F88 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 F89 (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 F90 (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 F91 (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 F92 (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 F93, 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 F94 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 F95 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 F96 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 F97;

(c)regulation 4(1) of the Electro-medical Equipment (EEC Requirements) Regulations 1988 F98; and

(d)regulation 10(1) of the Footwear (Indication of Composition) Labelling Regulations 1995 F99.

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 F100 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 F101, the Price Indications (Bureaux de Change) Regulations (Northern Ireland) 1992 F102 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.

F102S.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 F103;

(b)section 23 of the Fair Trading Act 1973 F104;

(c)the Mock Auctions Act 1961;

(d)section 29 of the Weights and Measures Act 1985 F105.

(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 F106 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 F107;

(b)Part 3 of the Consumer Protection Act 1987 F108;

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

(d)the Consumer Transactions (Restrictions on Statements) Order 1976 F109;

(e)the Control of Misleading Advertisements Regulations 1988 F110;

(f)the Mock Auctions Act 1961 F111;

(g)section 29 of the Weights and Measures Act 1985 F112;

(h)Article 22(2) of the Weights and Measures (Northern Ireland) Order 1981 F113.

(2) Notwithstanding the omission of the references to these provisions in the Enterprise Act 2002 (Part 8 Domestic Infringements) Order 2003 F114 by these Regulations an act or omission to which paragraph (1) applies shall continue to be a domestic infringement.

F110S.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 F115 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 F116 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 F117;

(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 F118.

(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.

F117OJ 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 F119; 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 F120 by these Regulations an act or omission to which paragraph (1) applies shall continue to be a Community infringement.

F119OJ 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”.

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