SCHEDULE 1TRANSFER OF FUNCTIONS OF OFT AND COMPETITION COMMISSION TO CMA AND AMENDMENTS CONSEQUENTIAL ON PARTS 3 AND 4 OF THE ACT

PART 2Amendments to other secondary legislation

Unfair Terms in Consumer Contracts Regulations 199926

1

The Unfair Terms in Consumer Contracts Regulations 199932 are amended as follows.

2

In regulation 3 (interpretation), in paragraph (1)—

a

omit the definition of “Director”, and

b

at the appropriate place, insert—

  • “the CMA” means the Competition and Markets Authority;

3

In regulation 10 (complaints - consideration by OFT and qualifying bodies)—

a

in paragraphs (1) to (5), for “OFT” (in each place where it occurs) substitute “CMA”, and

b

in the heading, for “OFT” substitute “the CMA”.

4

In regulation 12 (injunctions to prevent continued use of unfair terms), for “Director” (in each place where it occurs) substitute “CMA”.

5

In regulation 13 (powers of the Director and qualifying bodies to obtain documents and information)—

a

in paragraph (1)—

i

for “Director” substitute “CMA”, and

ii

for “his” substitute “its”,

b

in paragraph (3), in the words before sub-paragraph (a)—

i

for “Director” substitute “CMA”, and

ii

for “him” substitute “it”,

c

in paragraph (6), for “Director” substitute “CMA”, and

d

in the heading, for “Director” substitute “CMA”.

6

In regulation 14 (notification of undertakings and orders to Director)—

a

in the words before paragraph (a), for “Director” substitute “CMA”, and

b

in the heading, for “Director” substitute “the CMA”.

7

In regulation 15 (publication, information and advice)—

a

in paragraph (1)—

i

for “Director” (in each place where it occurs) substitute “CMA”,

ii

for “he” substitute “it”, and

iii

for “him” (in each place where it occurs) substitute “it”.

b

in paragraph (2)—

i

for “Director” (in each place where it occurs) substitute “CMA”, and

ii

for “him” (in each place where it occurs) substitute “it”, and

c

in paragraph (3)—

i

for “Director” substitute “CMA”,

ii

for “he” substitute “it”, and

iii

for “him” substitute “it”.