The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) (No. 2) Order 2014 No. 549

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

PART 2 Amendments to other secondary legislation

Unfair Terms in Consumer Contracts Regulations 1999

26.—(1) The Unfair Terms in Consumer Contracts Regulations 1999(1) 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”.

(1)

S.I. 1999/2083; amended by S.I. 2013/783 and by virtue of section 2 of the Enterprise Act 2002 references in the 1999 Regulations to the Director General of Fair Trading have effect as references to the Office of Fair Trading. There are other amending instruments but none is relevant to this Order.