2015 No. 1630 (C. 94)
The Consumer Rights Act 2015 (Commencement No. 3, Transitional Provisions, Savings and Consequential Amendments) Order 2015
Made
Laid before Parliament
Coming into force
The Secretary of State, in exercise of the powers conferred by sections 96(1) and (2), 97(1) and 100(5) and (6) of the Consumer Rights Act 20151, makes the following Order.
Citation and commencementI11
This Order may be cited as the Consumer Rights Act 2015 (Commencement No. 3, Transitional Provisions, Savings and Consequential Amendments) Order 2015 and comes into force on 1st October 2015.
InterpretationI22
In this Order—
“the 2004 Regulation” means Regulation (EC) No 261/2004 of the European Parliament and of the Council2 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/913;
“the 2010 Regulation” means Regulation (EU) No 1177/2010 of the European Parliament and of the Council4 concerning the rights of passengers when travelling by sea and inland waterway and amending Regulation (EC) No 2006/20045;
“the Act” means the Consumer Rights Act 2015;
“the Carriage by Air Conventions” are—
- a
the Warsaw Convention;
- b
the Warsaw Convention, as amended at the Hague, 1955;
- c
the Warsaw Convention, as amended by Additional Protocol No.1 of Montreal, 1975;
- d
the Warsaw Convention, as amended at the Hague, 1955, and by Additional Protocol No.2 of Montreal, 1975;
- e
the Warsaw Convention, as amended at the Hague, 1955, and by Protocol No. 4 of Montreal, 1975;
- f
the Convention supplementary to the Warsaw Convention, for the Unification of Certain Rules Relating to International Carriage by Air Performed by a Person other than the Contracting Carrier, signed at Guadalajara, 18th September 1961; and
- g
the Convention for the Unification of Certain Rules for International Carriage by Air, signed at Montreal 28th May 1999;
- a
“consumer transport service” means—
- a
a rail passenger service;
- b
carriage by air to which the 2004 Regulation or the Carriage by Air Conventions or enactments giving effect to the provisions of those Conventions apply; and
- c
sea and inland waterway transport to which the 2010 Regulation applies;
- a
“rail passenger service” means any rail passenger service supplied by any undertaking other than those specified in paragraphs (a) and (b) of article 2(2) of Directive 2012/34/EU of the European Parliament and of the Council of 21st November 2012 establishing a single European railway area (recast)6;
“the Warsaw Convention” means the Convention for the Unification of Certain Rules Relating to the International Carriage by Air, signed at Warsaw 12th October 1929.
Provisions coming into force on 1st October 2015I33
The following provisions of the Act come into force on 1st October 2015, subject to article 4 and the transitional provisions and savings in articles 6 to 8—
a
sections 1 to 47;
b
section 48(1) to (4) (contracts covered by this Chapter);
c
sections 49 to 76;
d
section 77 (investigatory powers etc.) to the extent not already in force;
e
sections 78 to 80;
f
section 81 (private actions in competition law) to the extent not already in force;
g
Schedules 1 to 4;
h
Schedule 5 (investigatory powers etc.) to the extent not already in force;
i
Schedules 6 and 7; and
j
Schedule 8 (private actions in competition law) to the extent not already in force.
Provisions coming into force on 6th April 2016I44
For the purpose of a contract to supply a consumer transport service the following provisions of the Act come into force on 6th April 2016, subject to the transitional provisions and savings in article 6—
a
section 48(1) to (4) (contracts covered by this Chapter);
b
sections 49 to 59; and
c
paragraphs 2 to 6, 10 to 17 and 21 to 27 of Schedule 4.
Consequential amendmentsI55
The consequential amendments in Schedules 1 and 2 have effect.
Transitional and saving provisions in respect of Parts 1 and 2 of the ActI66
1
The provisions brought into force by sub-paragraphs (a) to (c) and (g) of article 3 of this Order do not apply to—
a
any contract entered into before 1st October 2015 which would, apart from these provisions, be covered by Parts 1 or 2 of the Act; and
b
any notice provided or communicated before 1st October 2015 which would, apart from these provisions, constitute a consumer notice and be covered by Part 2 of the Act;
2
The provisions brought into force by article 4 of this Order do not apply to any contract to supply a consumer transport service entered into before 6th April 2016.
3
The amendments to the law enacted by the Sale and Supply of Goods to Consumers Regulations 20027 continue to have effect in relation to any contract specified in paragraph (1)(a) despite the revocation of those Regulations by paragraph 53 of Schedule 1 to the Act.
4
The Unfair Terms in Consumer Contracts Regulations 19998 continue to have effect in relation to any contract or notice relating to any contract specified in paragraph (1)(a) provided or communicated before 1st October 2015 despite the revocation of those Regulations by paragraph 34 of Schedule 4 to the Act.
5
The amendments made to the enactments specified in Schedule 1 to this Order do not apply to any contract or notice to which the transitional provisions of this article apply.
Transitional provision in respect of premium rate servicesI77
The amendments made by section 80 of the Act do not apply in respect of a contravention of a code approved under section 121 of the Communications Act 20039, directions given in accordance with such a code or an order made under section 122 of the Communications Act 2003 where that contravention occurs or begins before the commencement of section 80.
Transitional and saving provisions in respect of investigatory powersI88
1
This article applies where—
a
a provision (“the old provision”) is repealed by Schedule 6 to the Act or revoked by Schedule 2 to this Order, and
b
a provision of Schedule 5 to the Act (investigatory powers etc.) (“the new provision”) re-enacts, with or without modification, the old provision.
2
The repeal or revocation mentioned in paragraph (1)(a) and the re-enactment mentioned in paragraph (1)(b) do not affect the continuity of the law.
3
Paragraph (2) does not apply to any change in the law made by Schedule 5 to the Act.
4
A reference, express or implied, in an enactment, instrument or document to the new provision is, subject to its context, to be read as being or including a reference to the old provision, in relation to times, circumstances or purposes in relation to which the old provision had effect.
5
A reference, express or implied, in any enactment, instrument or document to the old provision is, subject to its context, to be read as being or including a reference to the new provision, in relation to times, circumstances or purposes in relation to which the new provision has effect.
6
Anything done, or having effect as if done, under (or for the purposes of or in reliance on) the old provision, and in force or effective immediately before 1st October 2015, has effect on and after 1st October 2015 as if done under (or for the purposes of or in reliance on) the new provision.
7
Paragraphs (2) to (6) have effect in place of section 17(2) of the Interpretation Act 1978; but nothing in this Order affects any other provision of that Act.
SCHEDULE 1Amendments consequential to the commencement of Parts 1 and 2 and Chapter 5 of Part 3 of the Consumer Rights Act 2015
Sale of Optical Appliances Order of Council 1984I91
In article 3(1) of the Sale of Optical Appliances Order of Council 198412 (conditions subject to which a sale is exempt), for paragraph (b) substitute—
b
any conditions or other terms—
i
implied in relation to the sale by section 14 of the Sale of Goods Act 1979 (quality and fitness) or treated as included by sections 9 or 10 of the Consumer Rights Act 2015 (goods to be of satisfactory quality, fit for particular purpose), or
ii
implied in relation to any services associated with the sale by section 13 of the Supply of Goods and Services Act 1982 (care and skill) or treated as included by section 49 of the Consumer Rights Act 2015 (service to be performed with reasonable care and skill)
are not negatived or varied (whether by express agreement or otherwise);
Legislative and Regulatory Reform (Regulatory Functions) Order 2007I102
In the Schedule to the Legislative and Regulatory Reform (Regulatory Functions) Order 200713 (functions to which sections 21 and 22 of the Legislative and Regulatory Reform Act 2006 apply)—
a
in Part 3, under the heading “Consumer and business protection”—
i
omit “Unfair Terms in Consumer Contracts Regulation 1999” and “Sale and Supply of Goods to Consumers Regulations 2002”; and
ii
insert at the appropriate place “Parts 1 and 2 and Chapter 5 of Part 3 of the Consumer Rights Act 2015”;
b
in Part 6—
i
omit “Unfair Terms in Consumer Contracts Regulations 1999” and “Sale and Supply of Goods to Consumers Regulations 2002”; and
ii
insert in the appropriate place “Parts 1 and 2 and Chapter 5 of Part 3 of the Consumer Rights Act 2015”.
Consumer Protection from Unfair Trading Regulations 2008I113
In regulation 5(7) of the Consumer Protection from Unfair Trading Regulations 200814 (misleading actions), for “Part 5A of the Sale of Goods Act 1979 or Part 1B of the Supply of Goods and Services Act 1982” substitute “sections 19 and 23 or 24 of the Consumer Rights Act 2015”.
Co-ordination of Regulatory Enforcement (Regulatory Functions in Scotland and Northern Ireland) Order 2009I124
In Part 2 of Schedule 1 to the Co-ordination of Regulatory Enforcement (Regulatory Functions in Scotland and Northern Ireland) Order 200915 (functions specified for the purposes of Part 2 of the Regulatory Enforcement and Sanctions Act 2008)—
a
omit “Unfair Terms in Consumer Contracts Regulations 1999” and “Sale and Supply of Goods to Consumers Regulations 2002”;
b
insert in the appropriate place “Consumer Rights Act 2015, Parts 1 and 2 and Chapter 5 of Part 3”.
Mobile Homes (Written Statement) (England) Regulations 2011I135
In Part 1 of the Schedule to the Mobile Homes (Written Statement) (England) Regulations 201116, in paragraph 10 of the Written Statement for “Unfair Terms in Consumer Contracts Regulations 1999” substitute “Consumer Rights Act 2015”.
Postal Services Act 2011 (Disclosure of Information) Order 2012I146
In article 4 of the Postal Services Act 2011 (Disclosure of Information) Order 201217 (prescribed enactments for disclosure of information)—
a
omit “the Unfair Terms in Consumer Contracts Regulations 1999” and “the Sale and Supply of Goods to Consumers Regulations 2002”;
b
insert in the appropriate place “Parts 1 and 2 and Chapter 5 of Part 3 of the Consumer Rights Act 2015”.
SCHEDULE 2Amendments consequential to the commencement of Schedule 5 to the Consumer Rights Act 2015
Crystal Glass (Descriptions) Regulations 1973
I151
Regulation 8 of the Crystal Glass (Descriptions) Regulations 197318 is amended as follows.
I162
For paragraph (3) substitute—
3
Section 26 of the Act of 1968 shall (with necessary modifications) apply in relation to the enforcement of these Regulations as it applies in relation to the enforcement of that Act (modified where appropriate in relation to Northern Ireland as aforesaid).
I173
Omit paragraph (4).
Measuring Container Bottles (EEC Requirements) Regulations 1977
I184
The Measuring Container Bottles (EEC Requirements) Regulations 197719 are amended as follows.
I195
In regulation 7 (duties of manufacturers to keep records), omit paragraph (2).
I206
In regulation 8 (powers of inspection and entry)—
a
omit paragraphs (1) to (4); and
b
in paragraph (5) for “by virtue of this Regulation” substitute “for the purposes of these Regulations”.
I217
In regulation 10 (offences)—
a
omit paragraphs (2)(b) and (3);
b
in paragraph (4) omit “Regulation 8(2) or”; and
c
omit paragraphs (5) and (6).
Alcoholometers and Alcohol Hydrometers (EEC Requirements) Regulations 1977
I228
The Alcoholometers and Alcohol Hydrometers (EEC Requirements) Regulations 197720 are amended as follows.
I239
In regulation 13 (powers of inspection and entry)—
a
omit paragraphs (1) to (4); and
b
in paragraph (5) for “by virtue of this regulation” substitute “for the purposes of these Regulations”.
I2410
Regulation 14 (obstruction of inspectors) is revoked.
I2511
In regulation 17 (prosecution and punishment of offences under these Regulations) for “, 13 or 14” substitute “or 13”.
Nightwear (Safety) Regulations 1985I2612
In regulation 10 (test of goods by enforcement authority) of the Nightwear (Safety) Regulations 198521, for “Schedule 2 to the Consumer Safety Act 1978 (which relates to the enforcement of safety regulations)” substitute “Schedule 5 to the Consumer Rights Act 2015”.
Measuring Instruments (EEC Requirements) Regulations 1988
I2713
The Measuring Instrument (EEC Requirements) Regulations 198822 are amended as follows.
I2814
In regulation 26 (powers of inspection and entry)—
a
omit paragraphs (1) to (4);
b
in paragraph (5) for “by virtue of this Regulation” substitute “for the purposes of these Regulations”; and
c
omit paragraphs (6) to (8).
I2915
Regulation 27 (obstruction of inspectors) is revoked.
Furniture and Furnishings (Fire) (Safety) Regulations 1988I3016
Regulations 12 and 13 of the Furniture and Furnishings (Fire) (Safety) Regulations 198823 are revoked.
Simple Pressure Vessels (Safety) Regulations 1991
I3117
The Simple Pressure Vessels (Safety) Regulations 199124 are amended as follows.
I3218
For regulation 19(3) (enforcement) substitute—
3
Notwithstanding paragraph (2) above, for the purposes of ascertaining whether or not the CE marking has been properly affixed—
a
action may be taken pursuant to the following provisions as they are applied by Schedule 5:
i
in Great Britain in relation to vessels for use at work, section 20 of the Health and Safety at Work etc. Act 1974;
ii
in Northern Ireland in relation to vessels for use at work, Article 22 of the Health and Safety at Work (Northern Ireland) Order 1978; and
iii
in relation to vessels as consumer goods, section 29(4) of the Consumer Protection Act 1987; and
b
in relation to vessels as consumer goods action may be taken pursuant to Schedule 5 to the Consumer Rights Act 2015 to the extent that it applies to paragraph 3(a) of Schedule 5.
I3319
Paragraph 3 of Schedule 5 (enforcement in relation to vessels as consumer goods) is amended as follows—
a
in sub-paragraph (c)—
i
for “28 to” substitute “29(4),”; and
ii
omit paragraphs (iv) to (vi); and
b
omit sub-paragraph (d).
Package Travel, Package Holidays and Package Tours Regulations 1992I3420
In Schedule 3 to the Package Travel, Package Holidays and Package Tours Regulations 199225 (enforcement) omit paragraphs 3 to 6 and 8.
Electrical Equipment (Safety) Regulations 1994I3521
In regulation 18 of the Electrical Equipment (Safety) Regulations 199426 (requirement to give information about electrical equipment which does not bear the CE marking) omit “an enforcement authority,”.
Footwear (Indication of Composition) Labelling Regulations 1995
I3622
Regulation 10 of the Footwear (Indication of Composition) Labelling Regulations 199527 (enforcement) is amended as follows.
I3723
For paragraph (2) substitute—
2
Section 26 of the Act of 1968 shall (with necessary modifications) apply in relation to the enforcement of these Regulations as it applies in relation to the enforcement of that Act (modified where appropriate in relation to Northern Ireland as aforesaid).
I3824
Omit paragraph (3).
Lifts Regulations 1997
I3925
Schedule 15 to the Lifts Regulations 199728 (enforcement) is amended as follows.
I4026
In Paragraph 2—
a
in sub-paragraph (b)—
i
omit “28 to”; and
ii
omit paragraphs (iv) to (vii); and
b
omit sub-paragraph (c).
I4127
In paragraph 3(3)(a) (enforcement in Northern Ireland in relation to relevant products) omit “and (c)”.
Pressure Equipment Regulations 1999
I4228
The Pressure Equipment Regulations 199929 are amended as follows.
I4329
In regulation 24(3) for “or section 29 of the Consumer Protection Act 1987, as they are applied by Schedule 8” substitute “(as they are applied by Schedule 8) or Schedule 5 to the Consumer Rights Act 2015 to the extent that it applies by virtue of paragraph 2(a) or 3(3)(a) of Schedule 8”.
I4430
1
Paragraph 2 of Schedule 8 (enforcement in Great Britain) is amended as follows.
2
In sub-paragraph (c) omit “28 to”;
3
Omit paragraphs (c)(iv) to (vii); and
4
Omit sub-paragraph (d).
Motor Fuel (Composition and Content) Regulations 1999
I4531
Schedule A1 (enforcement of regulation 5B(3), (5) and (6) in Great Britain, and enforcement of regulation 5B in Northern Ireland, in relation to gas oil and other liquid fuel not intended for use in motor vehicles and related matters) to the Motor Fuel (Composition and Content) Regulations 199930 is amended as follows.
I4632
Omit paragraph 2(1)(a)(i).
I4733
In paragraph 4(1) (power of enforcement authorities to obtain information) omit “regulation 5C and”.
Radio Equipment and Telecommunications Terminal Equipment Regulations 2000I4834
1
Schedule 9 to the Radio Equipment and Telecommunications Terminal Equipment Regulations 200031 (Enforcement) is amended as follows.
2
In each of paragraphs 7, 8 and 9—
a
for each reference to “an enforcement authority” substitute “OFCOM”; and
b
for each reference to “the authority” substitute “OFCOM”.
3
In paragraph 11 for each reference to “an enforcement authority” substitute “OFCOM”.
4
In paragraph 12(1) for “an enforcement authority or by an officer of such an authority” substitute “OFCOM or by an officer of OFCOM”.
5
In paragraph 13(1) for “an enforcement authority exercises any power under paragraph 8 above to seize and detain apparatus, the enforcement authority” substitute “OFCOM exercises any power under paragraph 8 above to seize and detain apparatus, OFCOM”.
Non-Automatic Weighing Instruments Regulations 2000
I4935
The Non-Automatic Weighing Instruments Regulations 200032 are amended as follows.
I5036
In regulation 38 (powers of inspection and entry)—
a
omit paragraphs (1) to (5);
b
in paragraph (6) for “by virtue of this regulation” substitute “for the purposes of these Regulations”;
c
omit paragraphs (7) and (8).
I5137
Regulation 39 (obstruction of authorised person etc) is revoked.
I5238
In regulation 40 (offences and penalties) omit “or 39(1) or (2)”.
I5339
In Schedule 5 (adaptations for Northern Ireland) omit paragraph 7.
Personal Protective Equipment Regulations 2002
I5440
The Personal Protective Equipment Regulations 200233 are amended as follows.
I5541
In regulation 16(3) (application of Schedule 10 on enforcement) for “section 29 of the 1987 Act, as it is applied by Schedule 10” substitute “Schedule 5 to the Consumer Rights Act 2015 to the extent that it applies by virtue of paragraph 1(a) of Schedule 10”.
I5642
1
Paragraph 1 of Schedule 10 (enforcement) is amended as follows.
2
In sub-paragraph (c) omit “28 to”.
3
Omit paragraphs (c)(iv) to (c)(vii).
Tobacco Products (Manufacture, Presentation and Sale) (Safety) Regulations 2002I5743
In regulation 15(2) (enforcement and penalties) of the Tobacco Products (Manufacture, Presentation and Sale) (Safety) Regulations 200234 after “1987” insert “and Schedule 5 to the Consumer Protection Act 2015”.
Price Marking Order 2004I5844
Article 15 (enforcement) of the Price Marking Order 200435 is revoked.
General Product Safety Regulations 2005I5945
Regulations 21 to 26 of the General Product Safety Regulations 200536 are revoked.
Weights and Measures (Packaged Goods) Regulations 2006
I6046
The Weights and Measures (Packaged Goods) Regulations 200637 are amended as follows.
I6147
In regulation 2 (interpretation) omit the entry for “credentials”.
I6248
Omit regulation 10(5) (enforcement by local weights and measures authority).
I6349
Omit Schedule 7 (powers of inspectors and local weights and measures authorities).
Measuring Instruments (Automatic Discontinuous Totalisers) Regulations 2006
I6450
The Measuring Instruments (Automatic Discontinuous Totalisers) Regulations 200638 are amended as follows.
I6551
Regulation 23 (testing of automatic discontinuous totalisers) is revoked.
I6652
In regulation 25 (powers of entry and inspection)—
a
omit paragraphs (1) to (5);
b
in paragraph (6) for “by virtue of this regulation” substitute “for the purposes of these Regulations”; and
c
omit paragraphs (8) and (9).
I6753
Regulation 26 (obstruction of enforcement officer) is revoked.
I6854
Regulation 31 (savings for certain privileges) is revoked.
I6955
In Schedule 5 (adaptations for Northern Ireland) omit paragraphs 4 and 5.
Measuring Instruments (Automatic Rail-weighbridges) Regulations 2006
I7056
The Measuring Instruments (Automatic Rail-weighbridges) Regulations 200639 are amended as follows.
I7157
Regulation 24 (testing of rail-weighbridges) is revoked.
I7258
In regulation 26 (powers of entry and inspection)—
a
omit paragraphs (1) to (5);
b
in paragraph (6) for “by virtue of this regulation” substitute “for the purposes of these Regulations”; and
c
omit paragraphs (8) and (9).
I7359
Regulation 27 (obstruction of enforcement officer) is revoked.
I7460
Regulation 32 (savings for certain privileges) is revoked.
I7561
In Schedule 5 (adaptations for Northern Ireland) omit paragraphs 4 and 5.
Measuring Instruments (Automatic Catchweighers) Regulations 2006
I7662
The Measuring Instruments (Automatic Catchweighers) Regulations 200640 are amended as follows.
I7763
Regulation 26 (testing of automatic catchweighers) is revoked.
I7864
In regulation 28 (powers of entry and inspection)—
a
omit paragraphs (1) to (5);
b
in paragraph (6) for “by virtue of this regulation” substitute “for the purposes of these Regulations”; and
c
omit paragraphs (8) and (9).
I7965
Regulation 29 (obstruction of enforcement officer) is revoked.
I8066
Regulation 34 (savings for certain privileges) is revoked.
I8167
In Schedule 6 (adaptations for Northern Ireland) omit paragraphs 4 and 5.
Measuring Instruments (Automatic Gravimetric Filling Instruments) Regulations 2006
I8268
The Measuring Instruments (Automatic Gravimetric Filling Instruments) Regulations 200641 are amended as follows.
I8369
Regulation 24 (testing of automatic gravimetric filling instruments) is revoked.
I8470
In regulation 26 (powers of entry and inspection)—
a
omit paragraphs (1) to (5);
b
in paragraph (6) for “by virtue of this regulation” substitute “for the purposes of these Regulations”; and
c
omit paragraphs (8) and (9).
I8571
Regulation 27 (obstruction of enforcement officer) is revoked.
I8672
Regulation 32 (savings for certain privileges) is revoked.
I8773
In Schedule 6 (adaptations for Northern Ireland) omit paragraphs 4 and 5.
Measuring Instruments (Beltweighers) Regulations 2006
I8874
The Measuring Instruments (Beltweighers) Regulations 200642 are amended as follows.
I8975
Regulation 24 (testing of beltweighers) is revoked.
I9076
In regulation 26 (powers of entry and inspection)—
a
omit paragraphs (1) to (5);
b
in paragraph (6) for “by virtue of this regulation” substitute “for the purposes of these Regulations”; and
c
omit paragraphs (8) and (9).
I9177
Regulation 27 (obstruction of enforcement officer) is revoked.
I9278
Regulation 32 (savings for certain privileges) is revoked.
I9379
In Schedule 6 (adaptations for Northern Ireland) omit paragraphs 4 and 5.
Measuring Instruments (Capacity Serving Measures) Regulations 2006
I9480
The Measuring Instruments (Capacity Serving Measures) Regulations 200643 are amended as follows.
I9581
In regulation 23 (powers of entry and inspection)—
a
omit paragraphs (1) to (5);
b
in paragraph (6) for “by virtue of this regulation” substitute “for the purposes of these Regulations”; and
c
omit paragraphs (8) and (9).
I9682
Regulation 24 (obstruction of enforcement officer) is revoked.
I9783
Regulation 29 (savings for certain privileges) is revoked.
I9884
In Schedule 6 (adaptations for Northern Ireland) omit paragraphs 4 and 5.
Measuring Instruments (Liquid Fuel and Lubricants) Regulations 2006
I9985
The Measuring Instruments (Liquid Fuel and Lubricants) Regulations 200644 are amended as follows.
I10086
Regulation 23 (testing of measuring systems) is revoked.
I10187
In regulation 25 (powers of entry and inspection)—
a
omit paragraphs (1) to (5);
b
in paragraph (6) for “by virtue of this regulation” substitute “for the purposes of these Regulations”; and
c
omit paragraphs (8) and (9).
I10288
Regulation 26 (obstruction of enforcement officer) is revoked.
I10389
Regulation 31 (savings for certain privileges) is revoked.
I10490
In Schedule 6 (adaptations for Northern Ireland) omit paragraphs 4 and 5.
Measuring Instruments (Material Measures of Length) Regulations 2006
I10591
The Measuring Instruments (Material Measures of Length) Regulations 200645 are amended as follows.
I10692
In regulation 23 (powers of entry and inspection)—
a
omit paragraphs (1) to (5);
b
in paragraph (6) for “by virtue of this regulation” substitute “for the purposes of these Regulations”; and
c
omit paragraphs (8) and (9).
I10793
Regulation 24 (obstruction of enforcement officer) is revoked.
I10894
Regulation 29 (savings for certain privileges) is revoked.
I10995
In Schedule 5 (adaptations for Northern Ireland) omit paragraphs 4 and 5.
Measuring Instruments (Cold-water Meters) Regulations 2006
I11096
The Measuring Instruments (Cold-water Meters) Regulations 200646 are amended as follows.
I11197
Regulation 23 (testing of cold-water meters) is revoked.
I11298
In regulation 25 (powers of entry and inspection)—
a
omit paragraphs (1) to (5);
b
in paragraph (6) for “by virtue of this regulation” substitute “for the purposes of these Regulations”; and
c
omit paragraphs (8) and (9).
I11399
Regulation 26 (obstruction of enforcement officer) is revoked.
I114100
Regulation 31 (savings for certain privileges) is revoked.
I115101
In Schedule 5 (adaptations for Northern Ireland) omit paragraphs 4 and 5.
Measuring Instruments (Liquid Fuel delivered from Road Tankers) Regulations 2006
I116102
The Measuring Instruments (Liquid Fuel delivered from Road Tankers) Regulations 200647 are amended as follows.
I117103
Regulation 24 (testing of meter measuring systems) is revoked.
I118104
In regulation 26 (powers of entry and inspection)—
a
omit paragraphs (1) to (5);
b
in paragraph (6) for “by virtue of this regulation” substitute “for the purposes of these Regulations”; and
c
omit paragraphs (8) and (9).
I119105
Regulation 27 (obstruction of enforcement officer) is revoked.
I120106
Regulation 32 (savings for certain privileges) is revoked.
I121107
In Schedule 5 (adaptations for Northern Ireland) omit paragraphs 4 and 5.
Electromagnetic Compatibility Regulations 2006
I122108
The Electromagnetic Compatibility Regulations 200648 are amended as follows.
I123109
In regulation 3 (interpretation), in the definition of “enforcement authority”, after “means” insert “(subject to regulation 37A (investigatory powers))”.
I124110
After regulation 37 (test purchases) insert—
37AInvestigatory powers
For the purposes of regulations 38 to 41, 45 and 50 any reference to an enforcement authority is a reference to any enforcement authority other than—
a
local weights and measures authorities; and
b
the Department of Enterprise, Trade and Investment.
Business Protection from Misleading Marketing Regulations 2008
I125111
The Business Protection from Misleading Marketing Regulations 200849 are amended as follows.
I126112
Regulations 21 to 27 are revoked.
I127113
In regulation 28 (crown) omit paragraph (1).
Consumer Protection from Unfair Trading Regulations 2008
I128114
The Consumer Protection from Unfair Trading Regulations 200850 are amended as follows.
I129115
Regulations 20 to 25 are revoked.
I130116
In regulation 28 (crown) omit paragraph (1).
Supply of Machinery (Safety) Regulations 2008
I131117
Schedule 5 to the Supply of Machinery (Safety) Regulations 200851 (Enforcement) is amended as follows.
I132118
In paragraph 11 (powers of other enforcement authorities)—
a
in sub-paragraph (a) omit “28 to”; and
b
omit sub-paragraph (b).
I133119
In paragraph 12 omit sub-paragraphs (e) to (h).
Timeshare, Holiday Products, Resale and Exchange Contracts Regulations 2010I134120
Regulations 33 (powers of officers) and 34 (obstruction of authorised officers) of the Timeshare, Holiday Products, Resale and Regulations 201052 are revoked.
Toys (Safety) Regulations 2011
I135121
The Toys (Safety) Regulations 201153 are amended as follows.
I136122
In regulation 17 (technical documentation and correspondence relating to EC-type examination)—
a
omit paragraphs (6) to (9); and
b
in paragraph (10) for “, (3) or (9)” substitute “or (3)”.
I137123
In regulation 31 (duties to retain and provide information) omit paragraphs (2) to (4).
I138124
Regulation 36 (duty to provide information) is revoked.
Weights and Measures (Packaged Goods) Regulations (Northern Ireland) 2011
I139125
The Weights and Measures (Packaged Goods) Regulations (Northern Ireland) 201154 are amended as follows.
I140126
In regulation 2 (interpretation) omit the entry for “credentials”.
I141127
In regulation 10 (enforcement), omit paragraph (5).
I142128
Omit Schedule 7 (powers of inspectors and the department).
Textile Products (Labelling and Fibre Composition) Regulations 2012
I143129
The Textile Products (Labelling and Fibre Composition) Regulations 201255 are amended as follows.
I144130
Regulations 12 to 18 are revoked.
I145131
In regulation 19 (crown) omit paragraph (1).
Cosmetic Products Enforcement Regulations 2013
I146132
The Cosmetic Products Enforcement Regulations 201356 are amended as follows.
I147133
In regulation 7(1)(a) (market surveillance and enforcement powers) omit “and Schedule 2 (test purchases, powers of entry etc and warrants) of these Regulations”.
I148134
Omit Schedule 2 (testing, powers of entry etc and warrants).
(This note is not part of the Order)
(This note is not part of the Order)
The following provisions of the Act will be brought into force by commencement orders made before the date of this Order:
Provision | Date of Commencement | S.I. No. |
|---|---|---|
Section 77 (partially, in relation to England only) | 27.5.2015 | |
Section 77 (partially) | 27.5.2015 | |
Section 81 (partially) | 3.8.2015 | |
Section 82 | 27.5.2015 | |
Sections 83 to 88 (in so far as they were not yet in force, in relation to England only) | 27.5.2015 | |
Section 89 (in relation to England only) | 1.9.2015 | |
Section 89 (in relation to Wales only) | 1.9.2015 | |
Schedule 5 (partially, in relation to England only) | 27.5.2015 | |
Schedule 5 (partially) | 27.5.2015 | |
Paragraphs 12, 18, 20 to 22 and 28 to 35 of Schedule 8 (partially) | 3.8.2015 | |
Schedule 9 (in so far as was not yet in force, in relation to England only) | 27.5.2015 |