SCHEDULE 1Amendments consequential to the commencement of Parts 1 and 2 and Chapter 5 of Part 3 of the Consumer Rights Act 2015

Article 5

Sale of Optical Appliances Order of Council 1984I11

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 2007I22

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 2008I33

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 2009I64

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 2011I75

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 2012I86

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

Article 5

Crystal Glass (Descriptions) Regulations 1973

I1111

Regulation 8 of the Crystal Glass (Descriptions) Regulations 197318 is amended as follows.

I92

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).

I103

Omit paragraph (4).

Measuring Container Bottles (EEC Requirements) Regulations 1977

I1124

The Measuring Container Bottles (EEC Requirements) Regulations 197719 are amended as follows.

I125

In regulation 7 (duties of manufacturers to keep records), omit paragraph (2).

I136

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”.

I147

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

I1138

The Alcoholometers and Alcohol Hydrometers (EEC Requirements) Regulations 197720 are amended as follows.

I159

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”.

I1610

Regulation 14 (obstruction of inspectors) is revoked.

I1711

In regulation 17 (prosecution and punishment of offences under these Regulations) for “, 13 or 14” substitute “or 13”.

Nightwear (Safety) Regulations 1985I1812

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

I11413

The Measuring Instrument (EEC Requirements) Regulations 198822 are amended as follows.

I1914

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).

I2015

Regulation 27 (obstruction of inspectors) is revoked.

Furniture and Furnishings (Fire) (Safety) Regulations 1988I2116

Regulations 12 and 13 of the Furniture and Furnishings (Fire) (Safety) Regulations 198823 are revoked.

Simple Pressure Vessels (Safety) Regulations 1991

I11517

The Simple Pressure Vessels (Safety) Regulations 199124 are amended as follows.

I2218

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.

I2319

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 1992I2420

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 1994I2521

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

I11622

Regulation 10 of the Footwear (Indication of Composition) Labelling Regulations 199527 (enforcement) is amended as follows.

I1123

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).

I2624

Omit paragraph (3).

Lifts Regulations 1997

I11725

Schedule 15 to the Lifts Regulations 199728 (enforcement) is amended as follows.

I2726

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).

I28I11727

In paragraph 3(3)(a) (enforcement in Northern Ireland in relation to relevant products) omit “and (c)”.

Pressure Equipment Regulations 1999

I11828

The Pressure Equipment Regulations 199929 are amended as follows.

I2929

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”.

I3030

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

I11931

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.

I3132

Omit paragraph 2(1)(a)(i).

I3233

In paragraph 4(1) (power of enforcement authorities to obtain information) omit “regulation 5C and”.

Radio Equipment and Telecommunications Terminal Equipment Regulations 2000I3334

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

I12035

The Non-Automatic Weighing Instruments Regulations 200032 are amended as follows.

I3436

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).

I3537

Regulation 39 (obstruction of authorised person etc) is revoked.

I3638

In regulation 40 (offences and penalties) omit “or 39(1) or (2)”.

I3739

In Schedule 5 (adaptations for Northern Ireland) omit paragraph 7.

Personal Protective Equipment Regulations 2002

I12140

The Personal Protective Equipment Regulations 200233 are amended as follows.

I3841

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”.

I3942

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 2002I4043

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 2004I4144

Article 15 (enforcement) of the Price Marking Order 200435 is revoked.

General Product Safety Regulations 2005I4245

Regulations 21 to 26 of the General Product Safety Regulations 200536 are revoked.

Weights and Measures (Packaged Goods) Regulations 2006

I12246

The Weights and Measures (Packaged Goods) Regulations 200637 are amended as follows.

I4347

In regulation 2 (interpretation) omit the entry for “credentials”.

I4448

Omit regulation 10(5) (enforcement by local weights and measures authority).

I4549

Omit Schedule 7 (powers of inspectors and local weights and measures authorities).

Measuring Instruments (Automatic Discontinuous Totalisers) Regulations 2006

I12350

The Measuring Instruments (Automatic Discontinuous Totalisers) Regulations 200638 are amended as follows.

I4651

Regulation 23 (testing of automatic discontinuous totalisers) is revoked.

I4752

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).

I4853

Regulation 26 (obstruction of enforcement officer) is revoked.

I4954

Regulation 31 (savings for certain privileges) is revoked.

I5055

In Schedule 5 (adaptations for Northern Ireland) omit paragraphs 4 and 5.

Measuring Instruments (Automatic Rail-weighbridges) Regulations 2006

I12456

The Measuring Instruments (Automatic Rail-weighbridges) Regulations 200639 are amended as follows.

I5157

Regulation 24 (testing of rail-weighbridges) is revoked.

I5258

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).

I5359

Regulation 27 (obstruction of enforcement officer) is revoked.

I5460

Regulation 32 (savings for certain privileges) is revoked.

I5561

In Schedule 5 (adaptations for Northern Ireland) omit paragraphs 4 and 5.

Measuring Instruments (Automatic Catchweighers) Regulations 2006

I12562

The Measuring Instruments (Automatic Catchweighers) Regulations 200640 are amended as follows.

I5663

Regulation 26 (testing of automatic catchweighers) is revoked.

I5764

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).

I5865

Regulation 29 (obstruction of enforcement officer) is revoked.

I5966

Regulation 34 (savings for certain privileges) is revoked.

I6067

In Schedule 6 (adaptations for Northern Ireland) omit paragraphs 4 and 5.

Measuring Instruments (Automatic Gravimetric Filling Instruments) Regulations 2006

I12668

The Measuring Instruments (Automatic Gravimetric Filling Instruments) Regulations 200641 are amended as follows.

I6169

Regulation 24 (testing of automatic gravimetric filling instruments) is revoked.

I6270

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).

I6371

Regulation 27 (obstruction of enforcement officer) is revoked.

I6472

Regulation 32 (savings for certain privileges) is revoked.

I6573

In Schedule 6 (adaptations for Northern Ireland) omit paragraphs 4 and 5.

Measuring Instruments (Beltweighers) Regulations 2006

I12774

The Measuring Instruments (Beltweighers) Regulations 200642 are amended as follows.

I6675

Regulation 24 (testing of beltweighers) is revoked.

I6776

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).

I6877

Regulation 27 (obstruction of enforcement officer) is revoked.

I6978

Regulation 32 (savings for certain privileges) is revoked.

I7079

In Schedule 6 (adaptations for Northern Ireland) omit paragraphs 4 and 5.

Measuring Instruments (Capacity Serving Measures) Regulations 2006

I12880

The Measuring Instruments (Capacity Serving Measures) Regulations 200643 are amended as follows.

I7181

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).

I7282

Regulation 24 (obstruction of enforcement officer) is revoked.

I7383

Regulation 29 (savings for certain privileges) is revoked.

I7484

In Schedule 6 (adaptations for Northern Ireland) omit paragraphs 4 and 5.

Measuring Instruments (Liquid Fuel and Lubricants) Regulations 2006

I12985

The Measuring Instruments (Liquid Fuel and Lubricants) Regulations 200644 are amended as follows.

I7586

Regulation 23 (testing of measuring systems) is revoked.

I7687

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).

I7788

Regulation 26 (obstruction of enforcement officer) is revoked.

I7889

Regulation 31 (savings for certain privileges) is revoked.

I7990

In Schedule 6 (adaptations for Northern Ireland) omit paragraphs 4 and 5.

Measuring Instruments (Material Measures of Length) Regulations 2006

I13091

The Measuring Instruments (Material Measures of Length) Regulations 200645 are amended as follows.

I8092

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).

I8193

Regulation 24 (obstruction of enforcement officer) is revoked.

I8294

Regulation 29 (savings for certain privileges) is revoked.

I8395

In Schedule 5 (adaptations for Northern Ireland) omit paragraphs 4 and 5.

Measuring Instruments (Cold-water Meters) Regulations 2006

I13196

The Measuring Instruments (Cold-water Meters) Regulations 200646 are amended as follows.

I8497

Regulation 23 (testing of cold-water meters) is revoked.

I8598

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).

I8699

Regulation 26 (obstruction of enforcement officer) is revoked.

I87100

Regulation 31 (savings for certain privileges) is revoked.

I88101

In Schedule 5 (adaptations for Northern Ireland) omit paragraphs 4 and 5.

Measuring Instruments (Liquid Fuel delivered from Road Tankers) Regulations 2006

I132102

The Measuring Instruments (Liquid Fuel delivered from Road Tankers) Regulations 200647 are amended as follows.

I89103

Regulation 24 (testing of meter measuring systems) is revoked.

I90104

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).

I91105

Regulation 27 (obstruction of enforcement officer) is revoked.

I92106

Regulation 32 (savings for certain privileges) is revoked.

I93107

In Schedule 5 (adaptations for Northern Ireland) omit paragraphs 4 and 5.

Electromagnetic Compatibility Regulations 2006

I133108

The Electromagnetic Compatibility Regulations 200648 are amended as follows.

I94109

In regulation 3 (interpretation), in the definition of “enforcement authority”, after “means” insert “(subject to regulation 37A (investigatory powers))”.

I95110

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

I134111

The Business Protection from Misleading Marketing Regulations 200849 are amended as follows.

I96112

Regulations 21 to 27 are revoked.

I97113

In regulation 28 (crown) omit paragraph (1).

Consumer Protection from Unfair Trading Regulations 2008

I135114

The Consumer Protection from Unfair Trading Regulations 200850 are amended as follows.

I4115

Regulations 20 to 25 are revoked.

I5116

In regulation 28 (crown) omit paragraph (1).

Supply of Machinery (Safety) Regulations 2008

I136117

Schedule 5 to the Supply of Machinery (Safety) Regulations 200851 (Enforcement) is amended as follows.

I98118

In paragraph 11 (powers of other enforcement authorities)—

a

in sub-paragraph (a) omit “28 to”; and

b

omit sub-paragraph (b).

I99119

In paragraph 12 omit sub-paragraphs (e) to (h).

Timeshare, Holiday Products, Resale and Exchange Contracts Regulations 2010I100120

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

I137121

The Toys (Safety) Regulations 201153 are amended as follows.

I101122

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)”.

I102123

In regulation 31 (duties to retain and provide information) omit paragraphs (2) to (4).

I103124

Regulation 36 (duty to provide information) is revoked.

Weights and Measures (Packaged Goods) Regulations (Northern Ireland) 2011

I138125

The Weights and Measures (Packaged Goods) Regulations (Northern Ireland) 201154 are amended as follows.

I104126

In regulation 2 (interpretation) omit the entry for “credentials”.

I105127

In regulation 10 (enforcement), omit paragraph (5).

I106128

Omit Schedule 7 (powers of inspectors and the department).

Textile Products (Labelling and Fibre Composition) Regulations 2012

I139129

The Textile Products (Labelling and Fibre Composition) Regulations 201255 are amended as follows.

I107130

Regulations 12 to 18 are revoked.

I108131

In regulation 19 (crown) omit paragraph (1).

Cosmetic Products Enforcement Regulations 2013

I140132

The Cosmetic Products Enforcement Regulations 201356 are amended as follows.

I109133

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”.

I110134

Omit Schedule 2 (testing, powers of entry etc and warrants).