The Regulatory Reform (Unsolicited Goods and Services Act 1971) (Directory Entries and Demands for Payment) Order 2005

Statutory Instruments

2005 No. 55

REGULATORY REFORM

The Regulatory Reform (Unsolicited Goods and Services Act 1971) (Directory Entries and Demands for Payment) Order 2005

Made

12th January 2005

Coming into force

6th April 2005

Whereas

(a)the Secretary of State for Trade and Industry (“the Secretary of State”) consulted—

(i)such organisations as appeared to her to be representative of interests substantially affected by her proposals for this Order,

(ii)such organisations as appeared to her to be representative of the statutory bodies to whose functions her proposals relate,

(iii)the Law Commission,

(iv)the National Assembly for Wales, and

(v)such other persons as she considered appropriate;

(b)as a result of that consultation it appeared to the Secretary of State that it was appropriate to vary part of her proposals;

(c)following the consultation mentioned in recital (a) the Secretary of State considered it appropriate to proceed with the making of this Order;

(d)a document containing the Secretary of State’s proposals was laid before Parliament as required by section 6 of the Regulatory Reform Act 2001(1) and the period for Parliamentary consideration under section 8 of that Act expired;

(e)the Secretary of State had regard to the representations made during that period and in particular to the Twenty-Ninth Report, Session 2003-2004, of the Delegated Powers and Regulatory Reform Committee of the House of Lords and the Twelfth Report, Session 2003-2004, of the Regulatory Reform Committee of the House of Commons;

(f)a draft of this Order was laid before Parliament with a statement giving details of those representations and the changes to the Secretary of State’s proposals in the light of them;

(g)the draft was approved by resolution of each House of Parliament;

(h)the Secretary of State is of the opinion that this Order does not remove any necessary protection or prevent any person from continuing to exercise any right or freedom which he might reasonably expect to continue to exercise; and

(i)this Order creates burdens affecting persons in the carrying on of certain activities, and the Secretary of State is of the opinion that—

(i)the provisions of this Order, taken as a whole, strike a fair balance between the public interest and the interests of the persons affected by the burdens being created, and

(ii)the extent to which this Order removes or reduces one or more burdens, or has other beneficial effects for persons affected by the burdens imposed by the existing law, makes it desirable for this Order to be made;

Now therefore the Secretary of State, in exercise of the powers conferred by section 1 of the Regulatory Reform Act 2001, hereby makes the following Order:—