Prospective
(This note is not part of the Order)
This is the third Commencement Order made under the Consumer Rights Act 2015 (c. 15) (“the Act”) that extends to the United Kingdom.
Certain provisions came into force in accordance with section 100 of the Act, on the passing of the Act or two months after the passing of the Act. The Consumer Rights Act 2015 (Commencement)(England) Order 2015 (S.I. 2015/965) brought certain provisions into force on 27th May 2015 in relation to England only. The Consumer Rights Act 2015 (Commencement No. 1) Order 2015 (S.I. 2015/1333) brought certain provisions into force on 27th May 2015 in relation to the United Kingdom. The Consumer Rights Act 2015 (Commencement No. 2 and Transitional Provision)(England) Order 2015 (S.I. 2015/1575) brought certain provisions into force on 1st September 2015 in relation to England only. The Consumer Rights Act 2015 (Commencement No. 2) Order 2015 (S.I. 2015/1584) brought certain provisions into force on 3rd August 2015 in relation to the United Kingdom. The Consumer Rights Act 2015 (Commencement No. 1 and Transitional Provision) (Wales) Order 2015 (S.I. 2015/1605) brought certain provisions into force on 1st September 2015 in relation to Wales only.
Article 3 lists the provisions of the Act which will come into force on 1st October 2015. This Order brings into force Part 1 of the Act on consumer contracts for goods, digital content and services, Part 2 of the Act on unfair terms and Chapter 1 of Part 3 of the Act on enforcement etc., so far as not yet in force.
Article 4 provides for a later commencement date of 6th April 2016 with respect to Chapter 4 of Part 1 (Services) of the Act together with certain amendments to the Unfair Contract Terms Act 1977 provided for in Schedule 4 to the Act, in relation to consumer transport services in the rail, aviation and maritime sectors.
Article 5 gives effect to the Schedules to the Order which specify amendments to secondary legislation.
Articles 6 to 8 make transitional provisions in respect of the changes introduced by the Act and the consequential amendments set out in the Schedules to this Order.
Schedule 1 makes amendments to secondary legislation in consequence of Parts 1 and 2 and Chapter 5 of Part 3 of the Act.
Schedule 2 makes amendments to secondary legislation in consequence of Schedule 5 to the Act, which introduces a new generic set of investigatory powers. The amendments remove existing investigatory powers, or references to these powers, from secondary legislation which are no longer required following the introduction of Schedule 5 to the Act.
Impact assessments completed for the Consumer Rights Bill, introduced to Parliament on 23rd January 2014, contain an assessment of the effect that the reforms to the framework of consumer rights will have on the costs of business and the public and voluntary sector and can be found at the website: https://www.gov.uk/government/publications/consumer-rights-bill.