The Enterprise Act 2002 (Part 8 EU Infringements) Order 2013

Statutory Instruments

2013 No. 3168

Consumer Protection

The Enterprise Act 2002 (Part 8 EU Infringements) Order 2013

Made

11th December 2013

Laid before Parliament

13th December 2013

Coming into force

13th June 2014

The Secretary of State makes the following Order in exercise of the powers conferred by section 212(3) and (6) of the Enterprise Act 2002(1).

Citation and commencement

1.  This Order may be cited as the Enterprise Act 2002 (Part 8 EU Infringements) Order 2013 and comes into force on 13th June 2014.

Listed Directive and Specified Law

2.  The law set out in the Schedule to this Order is specified for the purposes of section 212(3) to the extent that it gives effect to the listed Directive or provides additional permitted protections.

Jo Swinson

Parliamentary Under Secretary of State for Employment Relations and Consumer Affairs

Department for Business, Innovation and Skills

11th December 2013

Article 2

SCHEDULE LISTED DIRECTIVE

Directive	Specified UK Law
Directive 2011/83/EU of the European Parliament and of the Council of 25th October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council(2)	The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013(3) Regulations 4, 7, 8, 9 and 10 of the Consumer Rights (Payment Surcharges) Regulations 2012(4)

EXPLANATORY NOTE

(This note is not part of the Order)

This Order specifies, for the purposes of section 212 of the Enterprise Act 2002 (“the 2002 Act”) the UK law which gives effect to Directive 2011/83/EU of the European Parliament and of the Council on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council (“the Directive”).

With the exception of one provision, the provisions of the Directive are implemented by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (“the 2013 Regulations”). The remaining provision, article 19, is implemented by regulations 4, 7, 8, 9 and 10 of the Consumer Rights (Payment Surcharges) Regulations 2012 (“the Payment Surcharges Regulations”). This Order provides that the enforcement procedures set out in Part 8 of the 2002 Act apply in relation to breaches of the 2013 Regulations and the relevant provisions of the Payment Surcharges Regulations.

Impact assessments of the effect that the 2013 Regulations and the Payment Surcharges Regulations will have on the costs of business, the voluntary sector and the public sector are available from the BIS website at www.gov.uk/bis. Copies can be obtained from the Department for Business, Innovation and Skills, 1 Victoria Street, London SW1H 0ET.

(1)

2002 c.40.

(2)

OJ L 304, 22.11.2011, p. 64.

(3)

S.I. 2013/3134.

(4)

S.I. 2012/3110.