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The Public Bodies (The Office of Fair Trading Transfer of Consumer Advice Scheme Function and Modification of Enforcement Functions) Order 2013

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Modification of enforcement functions

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11.—(1) The Consumer Protection (Distance Selling) Regulations 2000(1) are amended as follows.

(2) In regulation 3 (Interpretation), in the definition of “enforcement authority” omit “the OFT,”.

(3) In regulation 26(1) (Consideration of complaints)—

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

(b)after sub-paragraph (b) insert—

or

(c)the OFT has agreed to consider the complaint..

(4) After regulation 26 insert—

Complaints – consideration by the OFT

26A.(1) If the OFT agrees to consider a complaint made to it about a breach it shall be under a duty to consider that complaint.

(2) Paragraphs (3) and (4) of regulation 26 shall apply to the OFT when it is under a duty to consider a complaint as they apply to an enforcement authority..

(5) In regulation 27 (Injunctions to secure compliance with these Regulations)—

(a)in paragraph (1) for “any other” substitute “an”;

(b)in paragraph (2) omit “other than the OFT”.

(6) In regulation 28 (Notification of undertakings and orders to the OFT) omit “other than the OFT”.

(7) In regulation 29(2) (Publication, information and advice) after “The OFT” insert “or an enforcement authority”.

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