The Consumer Protection (Enforcement) (Amendment etc.) (EU Exit) Regulations 2019

Statutory Instruments

2019 No. 203

Exiting The European Union

Consumer Protection

The Consumer Protection (Enforcement) (Amendment etc.) (EU Exit) Regulations 2019

Made

6th February 2019

Coming into force in accordance with regulation 1

The Secretary of State makes these Regulations in exercise of the powers conferred by section 8(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018 M1 .

In accordance with paragraph 1(3) of Schedule 7 to that Act, a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.

Marginal Citations

M1 2018 c.16.

PART 1 U.K. Introduction

Citation and commencement U.K.

1.  These Regulations may be cited as the Consumer Protection (Enforcement) (Amendment etc.) (EU Exit) Regulations 2019 and come into force on exit day.

Commencement Information

I1 Reg. 1 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

[F1 Interpretation U.K.

2.   In these Regulations—

“the 2002 Act” means the Enterprise Act 2002;

“the 2020 Regulations” means the Consumer Protection (Enforcement) (Amendment etc.) Regulations 2020.]

Textual Amendments

F1 Reg. 2 substituted (31.12.2020 immediately before IP completion day) by The Consumer Protection (Enforcement) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1347), regs. 1(3), 3(2)

Commencement Information

I2 Reg. 2 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

PART 2 U.K. Amendment of primary legislation

Amendment of the Enterprise Act 2002 U.K.

3.—(1) The 2002 Act is amended as follows.

(2) In section 210 (consumers)—

(a) in subsection (6)—

(i) for “Community infringement” substitute “ Schedule 13 infringement ”;

(ii) for paragraphs (a) and (b) substitute “ the listed enactment concerned ”;

(b) after subsection (6) insert—

“(6A) An enactment is a listed enactment if it is specified in Schedule 13 or to the extent that it is so specified.

(6B) References to an enactment include—

(a) references to subordinate legislation (within the meaning of the Interpretation Act 1978 M2 );

(b) for the purposes of paragraph 6 of Schedule 13, references to a rule of law in Scotland;

(c) for the purposes of paragraph 16 of Schedule 13, references to rules forming part of the law of any part of the United Kingdom made other than under an Act.”;

(c) omit subsections (7) and (7A).

(3) For section 212 (Community infringements), substitute—

“212.    Schedule 13 infringements

(1) In this Part a Schedule 13 infringement is an act or omission which contravenes a listed enactment and which harms the collective interests of consumers.

(2) References to a listed enactment must be construed in accordance with section 210.”

(4) In section 213 (enforcers)—

(a) omit subsection (5);

[F2 (b) in subsection (5A), for “(being bodies or persons designated by the Secretary of State under Article 5(1) of the CPC Regulation) is a CPC enforcer” substitute “is a Schedule 13 enforcer”;]

(c) omit subsections (10) and (11).

(5) In section 214 (consultation), in subsection (2)(d), for “Community infringement” substitute “ Schedule 13 infringement ”.

(6) In section 215 (applications)—

(a) in subsection (1), for “Community infringement” substitute “ Schedule 13 infringement ” in both places where it occurs;

(b) omit subsection (4);

(c) in subsection (4A)—

(i) for “CPC enforcer” substitute “ Schedule 13 enforcer ”;

(ii) for “Community infringement” substitute “ Schedule 13 infringement ”;

(d) omit subsections (6), (7) and (8).

(7) In section 216 (applications: directions by CMA), omit subsection (6).

(8) In section 217 (enforcement orders), in subsection (2), for “Community infringement” substitute “ Schedule 13 infringement ”.

(9) In section 218 (interim enforcement order)—

(a) in subsection (1)(a), for “Community infringement” substitute “ Schedule 13 infringement ” in both places where it occurs;

(b) in subsection (4), for “Community infringement” substitute “ Schedule 13 infringement ”.

[F3 (9A) In section 218ZA (applications), in subsections (1) and (2), for “Community infringement” substitute “Schedule 13 infringement”.

(9B) In section 218ZB (online interface orders), in subsections (1)(a) and (3), for “Community infringement” substitute “Schedule 13 infringement”.

(9C) In section 218ZC (interim online interface orders), in subsection (1)(a) and (c), for “Community infringement” substitute “Schedule 13 infringement”.

(9D) In section 218ZD (online interface orders: supplementary), in subsection (3), for “Community infringements” substitute “Schedule 13 infringements”.]

[F4 (10) In section 218A (unfair commercial practices: substantiation of claims)—

(a) in subsection (1)—

(i) for “Community infringement” substitute “Schedule 13 infringement”;

(ii) for the words from “Directive 2005/29/EC of the European Parliament” to the end of the subsection, substitute “the Consumer Protection from Unfair Trading Regulations 2008”;

(b) in subsection (2A)(b), for “Community infringement” substitute “Schedule 13 infringement”.]

(11) In section 219 (undertakings)—

(a) in subsection (3)(c), for “Community infringement” substitute “ Schedule 13 infringement ”;

(b) in subsection (5A), for “CPC enforcer” substitute “ Schedule 13 enforcer ”;

(c) in subsection (5B)—

(i) for “CPC enforcer” substitute “ Schedule 13 enforcer ”;

(ii) for “Community infringement” substitute “ Schedule 13 infringement ”.

[F5 (12) In section 219A (definition of enhanced consumer measures)—

(a) in subsection (2)(a)(ii), for “Community infringement” substitute “Schedule 13 infringement”;

(b) in subsection (5)(c), for “CPC enforcer” substitute “Schedule 13 enforcer”.]

[F6 (12A) In section 219B (inclusion of enhanced consumer measures etc.), in subsections (4) and (4A), for “Community infringement” substitute “Schedule 13 infringement”.]

[F7 (13) In section 220 (further proceedings)—

(a) in subsection (2), for “CPC enforcer” substitute “Schedule 13 enforcer”;

(b) in subsection (5A)(b), for “Community infringement” substitute “Schedule 13 infringement”.]

(14) Omit section 221 (Community infringements: proceedings).

(15) In section 222 (bodies corporate: accessories), in subsection (1), for “Community infringement” substitute “ Schedule 13 infringement ”.

(16) In section 229 (advice and information), in subsection (6), for “general or CPC enforcer or a designated enforcer” substitute “ enforcer ”.

[F8 (17) Omit section 235 (Injunctions Directive) and section 235A (CPC Regulation) (as substituted by the 2020 Regulations).]

(18) In section 235B (dual enforcers), for “CPC enforcer” substitute “ Schedule 13 enforcer ” in both places where it occurs.

(19) In section 243 M3 (overseas disclosures), in subsection (12)(c), for “an order under section 212(3)” substitute “ Schedule 13 ”.

[F9 (20) For Schedule 13 (Listed Directives and Regulations) (as amended by the 2020 Regulations), substitute the Schedule set out in the Schedule to these Regulations.]

Textual Amendments

F2 Reg. 3(4)(b) substituted (31.12.2020 immediately before IP completion day) by The Consumer Protection (Enforcement) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1347), regs. 1(3), 3(3)(a)

F3 Reg. 3(9A)-(9D) inserted (31.12.2020 immediately before IP completion day) by The Consumer Protection (Enforcement) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1347), regs. 1(3), 3(3)(b)

F4 Reg. 3(10) substituted (31.12.2020 immediately before IP completion day) by The Consumer Protection (Enforcement) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1347), regs. 1(3), 3(3)(c)

F5 Reg. 3(12) substituted (31.12.2020 immediately before IP completion day) by The Consumer Protection (Enforcement) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1347), regs. 1(3), 3(3)(d)

F6 Reg. 3(12A) inserted (31.12.2020 immediately before IP completion day) by The Consumer Protection (Enforcement) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1347), regs. 1(3), 3(3)(e)

F7 Reg. 3(13) substituted (31.12.2020 immediately before IP completion day) by The Consumer Protection (Enforcement) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1347), regs. 1(3), 3(3)(f)

F8 Reg. 3(17) substituted (31.12.2020 immediately before IP completion day) by The Consumer Protection (Enforcement) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1347), regs. 1(3), 3(3)(g)

F9 Reg. 3(20) substituted (31.12.2020 immediately before IP completion day) by The Consumer Protection (Enforcement) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1347), regs. 1(3), 3(3)(h)

Commencement Information

I3 Reg. 3 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Marginal Citations

M2 1978 c.30; “subordinate legislation” is defined in section 21(1), as amended by the European Union (Withdrawal) Act 2018, section 23(5), Schedule 8, paragraphs 18 and 19.

M3 Section 243 amended by the Financial Services Act 2012 (c. 21), section 114(2), Schedule 19.

Amendment of the Consumer Rights Act 2015 U.K.

4.—(1) Schedule 5 (investigatory powers etc.) to the Consumer Rights Act 2015 M4 is amended as follows.

(2) In paragraph 2 (enforcers), for “an EU enforcer” substitute “ a Schedule 13 enforcer ” in both places where it occurs.

(3) In the italic heading before paragraph 4, for “EU enforcers” substitute “ Schedule 13 enforcers ”.

(4) For paragraph 4 [F10 (as amended by the 2020 Regulations)] substitute—

“4.    In this Schedule “Schedule 13 enforcer” means a person or body which is a Schedule 13 enforcer under section 213(5A) of the Enterprise Act 2002.”

(5) In paragraph 8 (interpretation of other terms), for “Community infringement” substitute “ Schedule 13 infringement ”.

(6) In paragraph 13 (exercise of powers in this Part)—

(a) omit sub-paragraph (2)(c);

(b) in sub-paragraph (3), for “an EU enforcer” substitute “ a Schedule 13 enforcer ”;

(c) in sub-paragraph (10), omit the definition of “Community enforcer”.

(7) In the heading of Part 4, for “EU enforcers” substitute “ Schedule 13 enforcers ”.

(8) In the italic heading before paragraph 20, for “EU enforcers” substitute “ Schedule 13 enforcers ”.

(9) In paragraph 20—

(a) in sub-paragraph (1), for “an EU enforcer” substitute “ a Schedule 13 enforcer ”;

(b) in sub-paragraph (2)—

(i) for “an EU enforcer” substitute “ a Schedule 13 enforcer ”;

(ii) for “CPC enforcer” substitute “ Schedule 13 enforcer ”;

(c) in sub-paragraph (3), for “EU enforcer” substitute “ Schedule 13 enforcer ”;

(d) in sub-paragraph (3)(a), for “Community infringement” substitute “ Schedule 13 infringement ”;

[F11 (da) in sub-paragraph (3A), for “An EU enforcer” substitute “A Schedule 13 enforcer”;]

(e) in sub-paragraphs (4) and (5), for “An EU enforcer” substitute “ A Schedule 13 enforcer ”;

(f) in sub-paragraph (5)(a), for “Community infringement” substitute “ Schedule 13 infringement ”;

(g) in sub-paragraph (6), for “An EU enforcer” substitute “ A Schedule 13 enforcer ”.

(10) In paragraph 32 (power to enter premises with warrant)—

(a) in sub-paragraph (3)(b)—

(i) for “an EU enforcer” substitute “ a Schedule 13 enforcer ”;

(ii) for “Community infringement as defined in section 212 of the Enterprise Act 2002” substitute “ Schedule 13 infringement ”;

(b) in sub-paragraph (3)(c), for “an EU enforcer” substitute “ a Schedule 13 enforcer ”.

(11) In paragraph 41 (compensation)—

(a) in sub-paragraph (4), for “an EU enforcer” substitute “ a Schedule 13 enforcer ”;

(b) in sub-paragraph (4)(a), for “Community infringement” substitute “ Schedule 13 infringement ”.

Textual Amendments

F10 Words in reg. 4(4) inserted (31.12.2020 immediately before IP completion day) by The Consumer Protection (Enforcement) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1347), regs. 1(3), 3(4)(a)

F11 Reg. 4(9)(da) inserted (31.12.2020 immediately before IP completion day) by The Consumer Protection (Enforcement) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1347), regs. 1(3), 3(4)(b)

Commencement Information

I4 Reg. 4 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Marginal Citations

M4 2015 c.15. Schedule 5 amended by S.I. 2015/1640, S.I. 2015/1726, the Enterprise Act 2016 (c. 12), section 25(2), the Housing and Planning Act 2016 (c. 22), section 132(4), S.I. 2016/1091, S.I. 2016/1092, S.I. 2016/1093, S.I. 2016/1101, S.I. 2016/1105, S.I. 2016/1152, S.I. 2016/1153, S.I. 2016/1259, S.I. 2017/737 and S.I. 2018/634. There are amendments to other provisions of the Act, but those amendments are not relevant to this regulation.

Amendment of the Data Protection Act 2018 U.K.

5.  In Part 2 of Schedule 2 (Exemptions etc from the GDPR) to the Data Protection Act 2018 M5 —

(a) in the table in paragraph 11, omit row 10 (consumer protection enforcer);

(b) in paragraph 12, omit the definitions of “consumer protection enforcer” and “CPC Regulation”.

Commencement Information

I5 Reg. 5 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Marginal Citations

M5 2018 c.12.

PART 3 U.K. Amendment and revocation of subordinate legislation

Amendment of the Enterprise Act 2002 (Part 8 Designated Enforcers: Criteria for Designation, Designation of Public Bodies as Designated Enforcers and Transitional Provisions) Order 2003 U.K.

6.  In the Enterprise Act 2002 (Part 8 Designated Enforcers: Criteria for Designation, Designation of Public Bodies as Designated Enforcers and Transitional Provisions) Order 2003 M6 , in article 3 (criteria for designation)—

(a) in paragraph (b), for “Community infringements” substitute “ Schedule 13 infringements ”;

(b) in paragraph (f)—

(i) omit “and Community enforcers”;

(ii) for “Community infringements” substitute “ Schedule 13 infringements ”.

Commencement Information

I6 Reg. 6 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Marginal Citations

M6 S.I. 2003/1399, amended by the Railways and Transport Safety Act 2003 (c. 20), sections 16(4) and (5), Schedule 3, paragraph 4, S.I. 2003/3182, S.I 2006/522 and S.I. 2014/549.

Revocation of orders made under section 212(3) of the Enterprise Act 2002 U.K.

7.  The following are revoked—

(a) the Enterprise Act 2002 (Part 8 Community Infringements Specified UK Laws) Order 2003 M7 ;

(b) the Enterprise Act 2002 (Part 8 Community Infringements Specified UK Laws) (Amendment) Order 2005 M8 ;

(c) the Enterprise Act 2002 (Part 8 Community Infringements Specified UK Laws) Order 2006 M9 ;

(d) the Enterprise Act 2002 (Part 8 EU Infringements) Order 2014 M10 ;

(e) the Enterprise Act 2002 (Part 8 Community Infringements and Specified UK Laws) (Amendment) Order 2015 M11 .

[F12 (f) Part 3 (specification of UK law for the purpose of section 212(3) of the Enterprise Act 2002) of the 2020 Regulations.]

Textual Amendments

F12 Reg. 7(f) inserted (31.12.2020 immediately before IP completion day) by The Consumer Protection (Enforcement) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1347), regs. 1(3), 3(5)

Commencement Information

I7 Reg. 7 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Marginal Citations

M7 S.I. 2003/1374, amended by S.I. 2004/2095, S.I. 2005/2418, S.I. 2008/1277, S.I. 2008/1816, S.I. 2010/1010, S.I. 2010/2960, S.I. 2011/1208, S.I. 2012/1916, S.I. 2013/472, S.I. 2015/1392, S.I. 2015/1628 and S.I. 2018/634.

M8 S.I. 2005/2418.

M9 S.I. 2006/3372, amended by S.I. 2008/1277.

M10 S.I. 2014/2908, amended by S.I. 2015/1628 and S.I. 2017/752.

M11 S.I. 2015/1628.

[F13 Amendment of the Consumer Protection (Enforcement) (Amendment etc.) Regulations 2020 relating to the functions of the Financial Conduct Authority U.K.

7A.   In the 2020 Regulations, omit regulation 5 (Financial Conduct Authority).]

Textual Amendments

F13 Reg. 7A inserted (31.12.2020 immediately before IP completion day) by The Consumer Protection (Enforcement) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1347), regs. 1(3), 3(6)

Commencement Information

I8 Reg. 7A in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

PART 4 U.K. Revocation of retained direct EU legislation

[F14 Revocation of Regulation (EU) 2017/2394 U.K.

8.   Regulation (EU) 2017/2394 of the European Parliament and of the Council of 12 December 2017 on cooperation between national authorities responsible for the enforcement of consumer protection laws and repealing Regulation (EC) No 2006/2004 is revoked.]

Textual Amendments

F14 Reg. 8 substituted (31.12.2020 immediately before IP completion day) by The Consumer Protection (Enforcement) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1347), regs. 1(3), 3(7)

Commencement Information

I9 Reg. 8 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

PART 5 U.K. Transitional provisions

[F15 Post-IP completion day] enforcement of Community infringements: general rule U.K.

9.—(1) Subject to regulation 10, the amendments in regulations 3 and 4 and the revocations in regulation 7 do not apply in relation to any Community infringement or suspected Community infringement to the extent that it occurred (or is suspected to have occurred) before [F16 IP completion day].

(2) “Community infringement” has the meaning given by section 212 of the 2002 Act before these Regulations come into force.

Textual Amendments

F15 Words in reg. 9 heading substituted (31.12.2020 immediately before IP completion day) by The Consumer Protection (Enforcement) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1347), regs. 1(3), 3(8)(a)

F16 Words in reg. 9(1) substituted (31.12.2020 immediately before IP completion day) by The Consumer Protection (Enforcement) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1347), regs. 1(3), 3(8)(b)

Commencement Information

I10 Reg. 9 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

[F17 Post-IP completion day enforcement of Community infringements: exceptions to general rule U.K.

10.— (1) Subject to paragraph (2), a Community enforcer may not, after IP completion day, exercise any function under Part 8 of the 2002 Act.

(2) A Community enforcer may continue any proceedings relating to an application to court made under that Part prior to IP completion day.

(3) In this regulation, “Community enforcer” has the meaning given by section 213 of the 2002 Act immediately before these Regulations come into force.

(4) Regulation 9 does not apply to regulation 3(4)(c).]

Textual Amendments

F17 Reg. 10 substituted (31.12.2020 immediately before IP completion day) by The Consumer Protection (Enforcement) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1347), regs. 1(3), 3(9)

Commencement Information

I11 Reg. 10 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Kelly Tolhurst

Parliamentary Under Secretary of State

Department for Business, Energy and Industrial Strategy

Regulation 3(20)

SCHEDULE U.K. Substituted Schedule 13 to the Enterprise Act 2002

Commencement Information

I12 Sch. in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Sections 210 and 243(12)(c)

“SCHEDULE 13 U.K. Listed enactments

[F18 1.   Sections 9 to 11 of the Supply of Goods (Implied Terms) Act 1973, to the extent that those sections continue to apply to a contract for a trader to supply goods to a consumer by virtue of the saving made, in connection with their amendment by the Consumer Rights Act 2015, by article 6 of the Consumer Rights Act 2015 (Commencement No. 3, Transitional Provisions, Savings and Consequential Amendments) Order 2015.]

2.  M12 The Consumer Credit Act 1974 and secondary legislation made under that Act excluding requirements relating to consumer hire agreements.

3.  M13 M14 M15 Sections 6(2), 7(1), 7(2), 20(2), 21 and 27(2) of the Unfair Contract Terms Act 1977 , to the extent that those sections remain in force, or continue to apply to a consumer contract, by virtue of the saving made, in connection with their repeal or disapplication by the Consumer Rights Act 2015 , by article 6 of the Consumer Rights Act 2015 (Commencement No. 3, Transitional Provisions, Savings and Consequential Amendments) Order 2015 .

4.  M16 M17 Sections 13 to 15, 15B, 20 and 32 of the Sale of Goods Act 1979 , to the extent that those sections continue to apply to a contract for a trader to supply goods to a consumer by virtue of the saving made, in connection with their amendment by the Consumer Rights Act 2015 , by article 6 of the Consumer Rights Act 2015 (Commencement No. 3, Transitional Provisions, Savings and Consequential Amendments) Order 2015.

5.  M18 Sections 48A to 48F of the Sale of Goods Act 1979, to the extent that those sections remain in force by virtue of the saving made, in connection with their repeal by the Consumer Rights Act 2015 , by article 6 of the Consumer Rights Act 2015 (Commencement No. 3, Transitional Provisions, Savings and Consequential Amendments) Order 2015.

6.  M19 M20 Sections 3 to 5, 11C to 11E and 13 of the Supply of Goods and Services Act 1982 , and any rule of law in Scotland which provides comparable protection to section 13, to the extent that those sections continue to apply to a contract for a trader to supply goods or, in the case of section 13, a contract for a trader to supply a service, to a consumer by virtue of the saving made, in connection with their amendment by the Consumer Rights Act 2015 , by article 6 of the Consumer Rights Act 2015 (Commencement No. 3, Transitional Provisions, Savings and Consequential Amendments) Order 2015.

7.  M21 Sections 11M to 11S of the Supply of Goods and Services Act 1982 to the extent that those sections remain in force by virtue of the saving made, in connection with their repeal by the Consumer Rights Act 2015 , by article 6 of the Consumer Rights Act 2015 (Commencement No. 3, Transitional Provisions, Savings and Consequential Amendments) Order 2015.

8.  M22 M23 The Package Travel, Package Holidays and Package Tours Regulations 1992 , to the extent that those Regulations remain in force by virtue of the saving made, in connection with their revocation, by regulation 37(2) of the Package Travel and Linked Travel Arrangements Regulations 2018 .

9.  M24 M25 The Unfair Terms in Consumer Contracts Regulations 1999 , to the extent that those Regulations remain in force by virtue of the saving made, in connection with their revocation by the Consumer Rights Act 2015 , by article 6 of the Consumer Rights Act 2015 (Commencement No. 3, Transitional Provisions, Savings and Consequential Amendments) Order 2015.

[F19 9A.   Rules made under sections 137A, 137R and 137T of the Financial Services and Markets Act 2000 which give effect to Articles 10, 11, 13 to 18 and 21 to 23, Chapter 10 and Annexes I and II of Directive 2014/17/EU of the European Parliament and of the Council of 4 February 2014 on credit agreements for consumers relating to residential immovable property and amending Directives 2008/48/EC and 2013/36/EU and Regulation (EU) No 1093/2010.]

10.  M26 M27 The Consumer Protection (Distance Selling) Regulations 2000 , to the extent that those Regulations remain in force for contracts entered into prior to their disapplication by virtue of regulation 2(a) of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 .

[F20 10A.   Sections 319, 321, 322, 325, 368F, 368G and 368H of the Communications Act 2003.]

11.  M28 Regulations 6, 7, 8, 9 and 11 of the Electronic Commerce (EC Directive) Regulations 2002 .

12.  M29 M30 Regulation 15 of the Sale and Supply of Goods to Consumers Regulations 2002 , to the extent that regulation 15 remains in force by virtue of the saving made, in connection with its revocation by the Consumer Rights Act 2015 , by article 6 of the Consumer Rights Act 2015 (Commencement No. 3, Transitional Provisions, Savings and Consequential Amendments) Order 2015.

13.  M31 Regulations 19 to 26, 30 and 32 of the Privacy and Electronic Communications (EC Directive) Regulations 2003 .

14.  M32 The Price Marking Order 2004 .

15.   Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to air passengers in the event of denied boarding and of cancellation or long delay of flights.

16.  M33 M34 The Financial Services (Distance Marketing) Regulations 2004 and rules corresponding to any provisions of those Regulations made by the Financial Conduct Authority or a designated professional body within the meaning of section 326(2) of the Financial Services and Markets Act 2000 .

17.  M35 The Price Marking Order (Northern Ireland) 2004 .

18.  M36 The Civil Aviation (Denied Boarding, Compensation and Assistance) Regulations 2005 .

[F21 18A.   Regulation (EC) No 1107/2006 of the European Parliament and of the Council of 5 July 2006 concerning the rights of disabled persons and persons with reduced mobility when travelling by air.

18B.   Regulation (EC) No 1371/2007 of the European Parliament and of the Council of 23 October 2007 on rail passengers’ rights and obligations.

18C.   Regulations 2, 4, 13, 15 and 18 of the Business Protection from Misleading Marketing Regulations 2008.]

19.  M37 The Consumer Protection from Unfair Trading Regulations 2008 .

20.  M38 M39 The Cancellation of Contracts made in a Consumer's Home or Place of Work etc. Regulations 2008 , to the extent that those Regulations remain in force for contracts entered into prior to their disapplication by regulation 2(b) of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 .

[F22 20A.   Article 23 of Regulation (EC) No 1008/2008 of the European Parliament and of the Council of 24 September 2008 on common rules for the operation of air services in the Community.]

21.  M40 The Provision of Services Regulations 2009 .

[F23 21A.   The Rail Passengers’ Rights and Obligations Regulations 2010.

21B.   Regulation (EU) No 1177/2010 of the European Parliament and of the Council of 24 November 2010 concerning the rights of passengers when travelling by sea and inland waterway and amending Regulation (EC) No 2006/2004.]

22.  M41 The Timeshare, Holiday Products, Resale and Exchange Contracts Regulations 2010 .

[F24 22A.   Regulation (EU) No 181/2011 of the European Parliament and of the Council of 16 February 2011 concerning the rights of passengers in bus and coach transport and amending Regulation (EC) No 2006/2004.]

23.  M42 Chapters 1 and 2 of Part 14 of the Human Medicines Regulations 2012 .

24.  M43 Regulations 4 and 6A to 10 of the Consumer Rights (Payment Surcharges) Regulations 2012 .

[F25 24A.   The Merchant Shipping (Passengers’ Rights) Regulations 2013.

24B.   The Operation of Air Services in the Community (Pricing etc.) Regulations 2013.

24C.   The Rights of Passengers in Bus and Coach Transport (Exemptions and Enforcement) Regulations 2013.]

25.  M44 The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 .

[F26 25A.   The Bus and Coach Passengers Rights and Obligations (Designation and Enforcement) Regulations (Northern Ireland) 2014.

25B.   The Bus and Coach Passengers Rights and Obligations (Designation of Terminals, Tour Operators and Enforcement) Regulations (Northern Ireland) 2014.

25C.   The Civil Aviation (Access to Air Travel for Disabled Persons and Persons with Reduced Mobility) Regulations 2014.]

26.  M45 Regulation 19(1) and (2) of the Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015 .

27.  M46 Sections 2, 3, 5, 9 to 15, 19, 23, 24, 28 to 32, 36(3) and (4), 37, 38, 42, 50, 54, 58, 59, 61 to 64, 67 to 70, 72 to 74 of, and Schedules 2 and 3 and Part 3 of Schedule 5 to, the Consumer Rights Act 2015 .

28.   Article 10(4) of Regulation (EU) 2015/751 of the European Parliament and of the Council of 29 April 2015 on interchange fees for card-based payment transactions.

[F27 28A.   Parts 2 and 3 and regulations 18, 19, 20(1), 20(3) to 20(5), 21 to 25, 27(2) and 27(3) of, and Schedules 1 to 6 to, the Payment Accounts Regulations 2015.

28B.   The Rail Passengers Rights and Obligations (Designation and Enforcement) Regulations (Northern Ireland) 2017.]

29.  M47 The Package Travel and Linked Travel Arrangements Regulations 2018 .”

Textual Amendments

F18 Words in Sch. substituted (31.12.2020 immediately before IP completion day) by The Consumer Protection (Enforcement) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1347), regs. 1(3), 3(10)(a)

F19 Words in Sch. inserted (31.12.2020 immediately before IP completion day) by The Consumer Protection (Enforcement) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1347), regs. 1(3), 3(10)(b)

F20 Words in Sch. inserted (31.12.2020 immediately before IP completion day) by The Consumer Protection (Enforcement) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1347), regs. 1(3), 3(10)(c)

F21 Words in Sch. inserted (31.12.2020 immediately before IP completion day) by The Consumer Protection (Enforcement) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1347), regs. 1(3), 3(10)(d)

F22 Words in Sch. inserted (31.12.2020 immediately before IP completion day) by The Consumer Protection (Enforcement) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1347), regs. 1(3), 3(10)(e)

F23 Words in Sch. inserted (31.12.2020 immediately before IP completion day) by The Consumer Protection (Enforcement) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1347), regs. 1(3), 3(10)(f)

F24 Words in Sch. inserted (31.12.2020 immediately before IP completion day) by The Consumer Protection (Enforcement) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1347), regs. 1(3), 3(10)(g)

F25 Words in Sch. inserted (31.12.2020 immediately before IP completion day) by The Consumer Protection (Enforcement) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1347), regs. 1(3), 3(10)(h)

F26 Words in Sch. inserted (31.12.2020 immediately before IP completion day) by The Consumer Protection (Enforcement) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1347), regs. 1(3), 3(10)(i)

F27 Words in Sch. inserted (31.12.2020 immediately before IP completion day) by The Consumer Protection (Enforcement) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1347), regs. 1(3), 3(10)(j)

Marginal Citations

M12 1974 c. 39, amended by S.I. 1983/1878, the Age of Legal Capacity (Scotland) Act 1991 (c. 50), section 10(2), Schedule 2, the Water Consolidation (Consequential Provisions) Act 1991 (c. 60), section 2(1), Schedule 1, paragraph 26, the Friendly Societies Act 1992 (c. 40), section 120(2), Schedule 22, Part 1, the Tribunal and Inquiries Act 1992 (c. 53), section 18(2), Schedule 4, Part 1, S.I. 1992/231, S.I. 1992/3218, the Charities Act 1993 (c. 10), section 98(1), Schedule 6, paragraph 30, the Railways Act 1993 (c. 43), section 152(1), Schedule 12, paragraph 8, the Local Government (Wales) Act 1994 (c. 19), section 66(6), Schedule 16, paragraph 45, section 66(8), Schedule 18, the Coal Industry Act 1994 (c. 21), section 67(1), Schedule 9, paragraph 15, the Law of Property (Miscellaneous Provisions) Act 1994 (c. 36), section 21(1), Schedule 1, paragraph 6, the Local Government etc. (Scotland) Act 1994 (c. 39), section 180(1), Schedule 13, paragraph 94, S.I. 1995/3275, the Arbitration Act 1996 (c. 23), section 107(1), Schedule 3, paragraph 28, S.I. 1996/275, the Bank of England Act 1998 (c. 11), section 23(1), Schedule 5, Part I, paragraph 36, Part IV, paragraph 60, the Data Protection Act 1998 (c. 29), section 62, the Government of Wales Act 1998 (c. 38), section 152, Schedule 18, Part VI, S.I. 1998/997, the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6), section 165(1), Schedule 9, paragraph 45, the Freedom of Information Act 2000 (c. 36), section 18(4), Schedule 2, Part 1, paragraph 7, S.I. 2000/2334, S.I. 2001/544, S.I. 2001/3649, S.I. 2001/4050, the Land Registration Act 2002 (c. 9), section 133, Schedule 11, paragraph 11, the Enterprise Act 2002 (c. 40), section 278(1), Schedule 25, paragraph 6, S.I. 2003/1374, S.I. 2003/1475, the Civil Partnership Act 2004 (c. 33), section 261(1), Schedule 27, paragraphs 50 and 51, section 261(4), Schedule 30, S.I. 2004/3236, the Mental Capacity Act 2005 (c. 9), section 67(1), Schedule 6, paragraph 21, S.I. 2005/2967, S.I. 2005/3129, the Consumer Credit Act 2006 (c. 14), sections 1 to 15, 16(1)-(3), 17 to 55(1), 55(2), Schedule 1, 56 to 58(1)-(4), 61(1), 62 to 65, 70, Schedule 4, the Charities Act 2006 (c. 50), section 75(1), Schedule 8, paragraph 56, S.I. 2006/242, S.I. 2006/2383, S.I. 2006/3221, the Tribunals, Courts and Enforcement Act 2007 (c. 15), section 50(6), Schedule 10, Part 1, paragraph 11, section 146, Schedule 23, Part1, the Legal Services Act 2007 (c. 29), section 208(1), Schedule 21, paragraph 31, S.I. 2007/126, S.I. 2008/733, S.I. 2008/1277, S.I. 2008/1816, S.I. 2008/2826, S.I. 2008/3002, S.I. 2009/1835, S.I. 2010/866, S.I. 2010/1010, the Energy Act 2011 (c. 16), sections 25 to 29, S.I. 2011/99, the Financial Services Act 2012 (c. 21), section 108, section 114(1), Schedule 18, Part 2, paragraph 37, S.I. 2012/2404, S.I. 2013/1881, S.I. 2013/1882, S.I. 2013/3115, S.I. 2014/366, S.I. 2014/436, S.I. 2014/560, the Consumer Rights Act 2015, section 77(2), Schedule 6, paragraphs 12 to 18, S.I. 2015/910, S.I. 2016/392, S.I. 2017/752, the Data Protection Act 2018 (c. 12), section 211(1)(a), Schedule 19, Part 1, paragraphs 7 to 10 and S.I. 2018/1038.

M13 1977 c.50, amended (in relation to section 21) by the Supply of Goods and Services Act 1982 (c. 29), section 11B(6) and S.I. 2005/871).

M14 2015 c. 15. Sections 6(2), 7(2), 20(2) and 27(2)(b) of the Unfair Contract Terms Act 1977 (c. 50) repealed by the Consumer Rights Act 2015, section 75, Schedule 4, paragraphs 2, 8(1) and (3), 9(1) and (3), 19(1) and (3) and 24(1) and (2). Sections 7(1) and 21 of the Unfair Contract Terms Act 1977 do not apply to consumer contracts by virtue of sections 7(4A) and 21(3B) of that Act inserted by the Consumer Rights Act 2015, section 75, Schedule 4, paragraphs 9(4) and 20(4).

M15 S.I. 2015/1630. The saving under article 6(1) relates to contracts entered into, and notices provided or communicated, before 1st October 2015 within the scope of the provisions brought into force by sub-paragraphs (a) to (c) and (g) of article 3. Under article 6(2), provisions brought into force by article 4 (contracts to supply a consumer transport service) do not apply to a contract to supply a consumer transport service entered into before 1 October 2016. There are specific transitional provisions in relation to the Sale and Supply of Goods to Consumers Regulations 2002 (S.I. 2002/3045) and the Unfair Terms in Consumer Contracts Regulations 1999 (S.I. 1999/2083) in articles 6(3) and 6(4) respectively.

M16 1979 c. 54, amended (in relation to the relevant sections) by the Sale and Supply of Goods Act 1994 (c. 35), sections 1, 5(1) and 7, Schedule 2, paragraph 5(1), (4), (5) and (6) and S.I. 2002/3045.

M17 Sections 13 to 15, 15B, 20 and 32 of the Sale of Goods Act 1979 (c. 54) amended by the Consumer Rights Act 2015 (c. 15), section 60, Schedule 1, paragraphs 8, 12, 13(1) and (3), 14, 16(1) and (2), 17(1) and 21, so that they do not apply to a contract to which Chapter 2 of Part 1 of the 2015 Act applies (contract for a trader to supply goods to a consumer).

M18 Sections 48A to 48F of the Sale of Goods Act 1979 (c. 54) inserted by S.I. 2002/3045 and repealed by the Consumer Rights Act 2015 (c. 15), section 60, Schedule 1, paragraphs 8 and 27.

M19 1982 c. 29, amended (in relation to the relevant sections) by the Sale and Supply of Goods Act 1994 (c. 35), section 6, Schedule 1, paragraph 1, section 7(1), Schedule 2, paragraph 6(1), (3) and (4), section 7(2), Schedule 3 and S.I. 2002/3045.

M20 Sections 3 to 5 and 11C to 11E of the Supply of Goods and Services Act 1982 (c. 29) amended by the Consumer Rights Act 2015 (c.15), section 60, Schedule 1, paragraphs 37 and 38(a), so that those sections apply to a “relevant contract for the transfer of goods” which, by virtue of the amendment of section 1(1) of the 1982 Act by paragraph 39, does not include a contract to which Chapter 2 of Part 1 of the 2015 Act applies (contract for a trader to supply goods to a consumer). Section 13 of the Supply of Goods and Services Act 1982 amended by the Consumer Rights Act 2015, section 60, Schedule 1, paragraphs 37 and 38(c) so that section 13 of the 1982 Act applies to a relevant contract for the supply of a service which, by virtue of the amendment of section 12(1) of the 1982 Act by paragraph 51, does not include a contract to which Chapter 4 of Part 1 of the 2015 Act applies (contract for a trader to supply a service to a consumer).

M21 Sections 11M to 11S inserted by S.I. 2002/3045 and repealed by the Consumer Rights Act 2015 (c. 15), section 60 and Schedule 1, paragraphs 37 and 50.

M22 S.I. 1992/3288, amended by S.I. 1995/1648, S.I. 1998/1208, S.I. 2003/1376, S.I. 2003/1400, S.I. 2011/1043, S.I. 2015/1630.

M23 S.I. 1992/3288 revoked by regulation 37(1) of S.I. 2018/634 but the revocation does not, by virtue of regulation 37(2), have effect in relation to any contract concluded before 1st July 2018.

M24 S.I. 1999/2083, amended by S.I. 2001/1186, S.I. 2001/3649, S.I. 2003/3182, S.I. 2004/2095, S.I. 2006/523, S.I. 2011/1043, S.I. 2013/472, S.I. 2013/783, S.I. 2013/1865, S.I. 2014/549.

M25 S.I. 1999/2083 revoked by the Consumer Rights Act 2015 (c. 15), section 75, Schedule 4, paragraph 34.

M26 S.I. 2000/2334, amended by S.I. 2004/2095, S.I. 2005/55, S.I. 2005/689, S.I. 2008/1277, S.I. 2009/209, S.I. 2010/2960, S.I. 2013/783 and S.I. 2014/549.

M27 S.I. 2013/3134. Regulation 2(a) of S.I. 2013/3134 provides that S.I 2000/2334 does not apply to contracts entered into on or after 13th June 2014.

M28 S.I. 2002/2013, amended by S.I. 2019/87.

M29 S.I. 2002/3045, amended (in relation to regulation 15) by S.I. 2008/1277.

M30 S.I. 2002/3045 revoked by the Consumer Rights Act 2015 (c. 15), section 60 and Schedule 1, paragraph 53.

M31 S.I. 2003/2426, amended (in relation to the relevant regulations) by S.I. 2004/1039, S.I. 2011/1208, S.I. 2016/524, S.I. 2016/1177 and the Financial Guidance and Claims Act 2018 (c. 10), section 35.

M32 S.I. 2004/102, amended by S.I. 2009/3231, S.I. 2014/1855 and S.I. 2015/1630.

M33 S.I. 2004/2095, amended by S.I. 2007/108, S.I. 2008/1277, S.I. 2009/209, S.I. 2010/1010, S.I. 2010/2960, S.I. 2011/99, S.I. 2011/1043, S.I. 2012/1809, S.I. 2013/472, S.I. 2013/1881, S.I. 2013/3134, S.I. 2014/208 and S.I. 2017/752.

M34 2000 c. 8.

M35 S.R. 2004 No. 368, amended by S.R. 2011 No. 330 and S.R. 2014 No. 223.

M36 S.I. 2005/975, amended by S.I. 2016/729.

M37 S.I. 2008/1277, amended by S.I. 2011/1043, S.I. 2011/2085, S.I. 2013/783, S.I. 2013/3134, S.I. 2014/549, S.I. 2014/870, the Consumer Rights Act 2015 (c.15), section 60, Schedule 1, paragraph 55(b), section 77(2), Schedule 6, paragraph 85(j), S.I. 2015/1629, S.I. 2015/1630 and S.I. 2018/1326.

M38 S.I. 2008/1816, amended by S.I. 2010/1010, S.I. 2013/1881 and S.I. 2017/488.

M39 Regulation 2(b) provides that S.I. 2000/2334 does not apply to contracts entered into on or after 13th June 2014.

M40 S.I. 2009/2999, amended by S.I. 2010/252, S.I. 2011/1043, S.I. 2012/1809, S.I. 2013/3115, S.I. 2014//1937, S.I. 2015/102, S.I. 2015/2059 and the Data Protection Act 2018 (c. 12), section 211(1)(b), Schedule 19, Part 2, paragraph 342, and S.I. 2018/1329.

M41 S.I. 2010/2960, amended by the Consumer Rights Act 2015 (c. 15), section 77(2), Schedule 6, paragraph 85(k), S.I. 2015/1630, S.I. 2018/634 and S.I. 2018/1397.

M42 S.I. 2012/1916, amended (in relation to the relevant regulations) by S.I. 2014/324 and S.I. 2014/1878.

M43 S.I. 2012/3110, amended (in relation to the relevant regulations) by S.I. 2013/761, 2014/549, S.I. 2017/752 and S.I. 2018/1326.

M44 S.I. 2013/3134, amended by S.I. 2014/870, S.I. 2015/1629, S.I. 2015/1726, S.I. 2018/634 and S.I. 2018/1326.

M45 S.I. 2015/542, amended (in relation to the relevant regulations) by S.I. 2015/1392 and S.I. 2018/1326.

M46 2015 c. 15, amended (in relation to the relevant provisions) by S.I. 2015/1682, the Housing and Planning Act 2016 (c. 22), section 132(4), S.I. 2018/1326 and regulation 4 of these Regulations.

M47 S.I. 2018/634, amended by S.I. 2018/1367.

Explanatory Note

(This note is not part of the Regulations)

These Regulations are made in exercise of the powers conferred by section 8(1) of the European Union (Withdrawal) Act 2018 (c.16) in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under sections 8(2)(b), (c), (d) and (g)) arising from the withdrawal of the United Kingdom from the European Union.

These Regulations make amendments to legislation in the field of enforcement of the laws protecting consumers' rights.

Part 2 amends primary legislation and, in particular, regulation 3 amends Part 8 (enforcement of certain consumer legislation) of the Enterprise Act 2002 (c.40) (“the 2002 Act”) which provides for enforcement of breaches of consumer legislation harming the collective interests of consumers. Regulation 4 makes similar changes to Schedule 5 (investigatory powers etc.) to the Consumer Rights Act 2015 (c.15) (“the 2015 Act”).

The amendments to the 2002 Act replace the concept of a “Community infringement” with a “Schedule 13 infringement”. A Community infringement consists of a contravention of European Union Directives and Regulations listed in Schedule 13 to the 2002 Act before these Regulations come into force and any law of the United Kingdom specified in an order under section 212(3) (“a section 212 order”) before that time. A Schedule 13 infringement consists of a contravention of the legislation specified in Schedule 13 as substituted by these Regulations, and that legislation includes direct EU legislation and the domestic legislation specified, prior to exit day, in the section 212 orders (save for such legislation or provisions as are no longer relevant).

Those amendments remove the functions of Community enforcers so that they cannot apply to the UK courts for enforcement orders under Part 8 of the 2002 Act. Community enforcers are bodies in other EU Member States which, prior to exit day, are entitled to bring legal proceedings in the UK under Directive 2009/22/EC of the European Parliament and of the Council of 23 April 2009 on injunctions for the protection of consumers' interest (OJ L 110, 1.5.2009, p. 30).

Those amendments also rename as Schedule 13 enforcers those bodies or persons which, prior to exit day, are CPC enforcers. (CPC enforcers are listed in section 213(5A) of the 2002 Act and are designated under Article 4(1) and 4(2) of Regulation (EC) No 2006/2004 of the European Parliament and of the Council on cooperation between national authorities responsible for the enforcement of consumer protection laws) (OJ L 364, 9.12.2004, p. 1) (“the CPC Regulation”)). After exit day, Schedule 13 enforcers may apply to court under Part 8 of the 2002 Act for enforcement orders in the case of Schedule 13 infringements.

Part 3 amends the Enterprise Act 2002 (Part 8 Designated Enforcers: Criteria for Designation, Designation of Public Bodies as Designated Enforcers and Transitional Provisions) Order 2003 (S.I. 2003/1399). Part 3 also revokes the section 212 orders.

Part 4 revokes the CPC Regulation.

Part 5 sets out transitional provisions. These provisions preserve the ability of enforcers to exercise functions under the 2002 Act and the 2015 Act in relation to pre-exit day Community infringements. By way of exception, Community enforcers may not exercise any functions under Part 8 of the 2002 Act after exit day and may not continue court proceedings under that Part. There are no transitional provisions in relation to the CPC Regulation.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.