SCHEDULE 1Amendments consequential to the commencement of Parts 1 and 2 and Chapter 5 of Part 3 of the Consumer Rights Act 2015
Sale of Optical Appliances Order of Council 1984I11
In article 3(1) of the Sale of Optical Appliances Order of Council 198412 (conditions subject to which a sale is exempt), for paragraph (b) substitute—
b
any conditions or other terms—
i
implied in relation to the sale by section 14 of the Sale of Goods Act 1979 (quality and fitness) or treated as included by sections 9 or 10 of the Consumer Rights Act 2015 (goods to be of satisfactory quality, fit for particular purpose), or
ii
implied in relation to any services associated with the sale by section 13 of the Supply of Goods and Services Act 1982 (care and skill) or treated as included by section 49 of the Consumer Rights Act 2015 (service to be performed with reasonable care and skill)
are not negatived or varied (whether by express agreement or otherwise);
Legislative and Regulatory Reform (Regulatory Functions) Order 2007I22
In the Schedule to the Legislative and Regulatory Reform (Regulatory Functions) Order 200713 (functions to which sections 21 and 22 of the Legislative and Regulatory Reform Act 2006 apply)—
a
in Part 3, under the heading “Consumer and business protection”—
i
omit “Unfair Terms in Consumer Contracts Regulation 1999” and “Sale and Supply of Goods to Consumers Regulations 2002”; and
ii
insert at the appropriate place “Parts 1 and 2 and Chapter 5 of Part 3 of the Consumer Rights Act 2015”;
b
in Part 6—
i
omit “Unfair Terms in Consumer Contracts Regulations 1999” and “Sale and Supply of Goods to Consumers Regulations 2002”; and
ii
insert in the appropriate place “Parts 1 and 2 and Chapter 5 of Part 3 of the Consumer Rights Act 2015”.
Consumer Protection from Unfair Trading Regulations 2008I33
In regulation 5(7) of the Consumer Protection from Unfair Trading Regulations 200814 (misleading actions), for “Part 5A of the Sale of Goods Act 1979 or Part 1B of the Supply of Goods and Services Act 1982” substitute “sections 19 and 23 or 24 of the Consumer Rights Act 2015”.
Co-ordination of Regulatory Enforcement (Regulatory Functions in Scotland and Northern Ireland) Order 2009I44
In Part 2 of Schedule 1 to the Co-ordination of Regulatory Enforcement (Regulatory Functions in Scotland and Northern Ireland) Order 200915 (functions specified for the purposes of Part 2 of the Regulatory Enforcement and Sanctions Act 2008)—
a
omit “Unfair Terms in Consumer Contracts Regulations 1999” and “Sale and Supply of Goods to Consumers Regulations 2002”;
b
insert in the appropriate place “Consumer Rights Act 2015, Parts 1 and 2 and Chapter 5 of Part 3”.
Mobile Homes (Written Statement) (England) Regulations 2011I55
In Part 1 of the Schedule to the Mobile Homes (Written Statement) (England) Regulations 201116, in paragraph 10 of the Written Statement for “Unfair Terms in Consumer Contracts Regulations 1999” substitute “Consumer Rights Act 2015”.
Postal Services Act 2011 (Disclosure of Information) Order 2012I66
In article 4 of the Postal Services Act 2011 (Disclosure of Information) Order 201217 (prescribed enactments for disclosure of information)—
a
omit “the Unfair Terms in Consumer Contracts Regulations 1999” and “the Sale and Supply of Goods to Consumers Regulations 2002”;
b
insert in the appropriate place “Parts 1 and 2 and Chapter 5 of Part 3 of the Consumer Rights Act 2015”.
SCHEDULE 2Amendments consequential to the commencement of Schedule 5 to the Consumer Rights Act 2015
Crystal Glass (Descriptions) Regulations 1973
I71
Regulation 8 of the Crystal Glass (Descriptions) Regulations 197318 is amended as follows.
I82
For paragraph (3) substitute—
3
Section 26 of the Act of 1968 shall (with necessary modifications) apply in relation to the enforcement of these Regulations as it applies in relation to the enforcement of that Act (modified where appropriate in relation to Northern Ireland as aforesaid).
I93
Omit paragraph (4).
Measuring Container Bottles (EEC Requirements) Regulations 1977
I104
The Measuring Container Bottles (EEC Requirements) Regulations 197719 are amended as follows.
I115
In regulation 7 (duties of manufacturers to keep records), omit paragraph (2).
I126
In regulation 8 (powers of inspection and entry)—
a
omit paragraphs (1) to (4); and
b
in paragraph (5) for “by virtue of this Regulation” substitute “for the purposes of these Regulations”.
I137
In regulation 10 (offences)—
a
omit paragraphs (2)(b) and (3);
b
in paragraph (4) omit “Regulation 8(2) or”; and
c
omit paragraphs (5) and (6).
Alcoholometers and Alcohol Hydrometers (EEC Requirements) Regulations 1977
I148
The Alcoholometers and Alcohol Hydrometers (EEC Requirements) Regulations 197720 are amended as follows.
I159
In regulation 13 (powers of inspection and entry)—
a
omit paragraphs (1) to (4); and
b
in paragraph (5) for “by virtue of this regulation” substitute “for the purposes of these Regulations”.
I1610
Regulation 14 (obstruction of inspectors) is revoked.
I1711
In regulation 17 (prosecution and punishment of offences under these Regulations) for “, 13 or 14” substitute “or 13”.
Nightwear (Safety) Regulations 1985I1812
In regulation 10 (test of goods by enforcement authority) of the Nightwear (Safety) Regulations 198521, for “Schedule 2 to the Consumer Safety Act 1978 (which relates to the enforcement of safety regulations)” substitute “Schedule 5 to the Consumer Rights Act 2015”.
Measuring Instruments (EEC Requirements) Regulations 1988
I1913
The Measuring Instrument (EEC Requirements) Regulations 198822 are amended as follows.
I2014
In regulation 26 (powers of inspection and entry)—
a
omit paragraphs (1) to (4);
b
in paragraph (5) for “by virtue of this Regulation” substitute “for the purposes of these Regulations”; and
c
omit paragraphs (6) to (8).
I2115
Regulation 27 (obstruction of inspectors) is revoked.
Furniture and Furnishings (Fire) (Safety) Regulations 1988I2216
Regulations 12 and 13 of the Furniture and Furnishings (Fire) (Safety) Regulations 198823 are revoked.
Simple Pressure Vessels (Safety) Regulations 1991
I2317
The Simple Pressure Vessels (Safety) Regulations 199124 are amended as follows.
I2418
For regulation 19(3) (enforcement) substitute—
3
Notwithstanding paragraph (2) above, for the purposes of ascertaining whether or not the CE marking has been properly affixed—
a
action may be taken pursuant to the following provisions as they are applied by Schedule 5:
i
in Great Britain in relation to vessels for use at work, section 20 of the Health and Safety at Work etc. Act 1974;
ii
in Northern Ireland in relation to vessels for use at work, Article 22 of the Health and Safety at Work (Northern Ireland) Order 1978; and
iii
in relation to vessels as consumer goods, section 29(4) of the Consumer Protection Act 1987; and
b
in relation to vessels as consumer goods action may be taken pursuant to Schedule 5 to the Consumer Rights Act 2015 to the extent that it applies to paragraph 3(a) of Schedule 5.
I2519
Paragraph 3 of Schedule 5 (enforcement in relation to vessels as consumer goods) is amended as follows—
a
in sub-paragraph (c)—
i
for “28 to” substitute “29(4),”; and
ii
omit paragraphs (iv) to (vi); and
b
omit sub-paragraph (d).
Package Travel, Package Holidays and Package Tours Regulations 1992I2620
In Schedule 3 to the Package Travel, Package Holidays and Package Tours Regulations 199225 (enforcement) omit paragraphs 3 to 6 and 8.
Electrical Equipment (Safety) Regulations 1994I2721
In regulation 18 of the Electrical Equipment (Safety) Regulations 199426 (requirement to give information about electrical equipment which does not bear the CE marking) omit “an enforcement authority,”.
Footwear (Indication of Composition) Labelling Regulations 1995
I2822
Regulation 10 of the Footwear (Indication of Composition) Labelling Regulations 199527 (enforcement) is amended as follows.
I2923
For paragraph (2) substitute—
2
Section 26 of the Act of 1968 shall (with necessary modifications) apply in relation to the enforcement of these Regulations as it applies in relation to the enforcement of that Act (modified where appropriate in relation to Northern Ireland as aforesaid).
I3024
Omit paragraph (3).
Lifts Regulations 1997
I3125
Schedule 15 to the Lifts Regulations 199728 (enforcement) is amended as follows.
I3226
In Paragraph 2—
a
in sub-paragraph (b)—
i
omit “28 to”; and
ii
omit paragraphs (iv) to (vii); and
b
omit sub-paragraph (c).
I3327
In paragraph 3(3)(a) (enforcement in Northern Ireland in relation to relevant products) omit “and (c)”.
Pressure Equipment Regulations 1999
I3428
The Pressure Equipment Regulations 199929 are amended as follows.
I3529
In regulation 24(3) for “or section 29 of the Consumer Protection Act 1987, as they are applied by Schedule 8” substitute “(as they are applied by Schedule 8) or Schedule 5 to the Consumer Rights Act 2015 to the extent that it applies by virtue of paragraph 2(a) or 3(3)(a) of Schedule 8”.
I3630
1
Paragraph 2 of Schedule 8 (enforcement in Great Britain) is amended as follows.
2
In sub-paragraph (c) omit “28 to”;
3
Omit paragraphs (c)(iv) to (vii); and
4
Omit sub-paragraph (d).
Motor Fuel (Composition and Content) Regulations 1999
I3731
Schedule A1 (enforcement of regulation 5B(3), (5) and (6) in Great Britain, and enforcement of regulation 5B in Northern Ireland, in relation to gas oil and other liquid fuel not intended for use in motor vehicles and related matters) to the Motor Fuel (Composition and Content) Regulations 199930 is amended as follows.
I3832
Omit paragraph 2(1)(a)(i).
I3933
In paragraph 4(1) (power of enforcement authorities to obtain information) omit “regulation 5C and”.
Radio Equipment and Telecommunications Terminal Equipment Regulations 2000I4034
1
Schedule 9 to the Radio Equipment and Telecommunications Terminal Equipment Regulations 200031 (Enforcement) is amended as follows.
2
In each of paragraphs 7, 8 and 9—
a
for each reference to “an enforcement authority” substitute “OFCOM”; and
b
for each reference to “the authority” substitute “OFCOM”.
3
In paragraph 11 for each reference to “an enforcement authority” substitute “OFCOM”.
4
In paragraph 12(1) for “an enforcement authority or by an officer of such an authority” substitute “OFCOM or by an officer of OFCOM”.
5
In paragraph 13(1) for “an enforcement authority exercises any power under paragraph 8 above to seize and detain apparatus, the enforcement authority” substitute “OFCOM exercises any power under paragraph 8 above to seize and detain apparatus, OFCOM”.
Non-Automatic Weighing Instruments Regulations 2000
I4135
The Non-Automatic Weighing Instruments Regulations 200032 are amended as follows.
I4236
In regulation 38 (powers of inspection and entry)—
a
omit paragraphs (1) to (5);
b
in paragraph (6) for “by virtue of this regulation” substitute “for the purposes of these Regulations”;
c
omit paragraphs (7) and (8).
I4337
Regulation 39 (obstruction of authorised person etc) is revoked.
I4438
In regulation 40 (offences and penalties) omit “or 39(1) or (2)”.
I4539
In Schedule 5 (adaptations for Northern Ireland) omit paragraph 7.
Personal Protective Equipment Regulations 2002
I4640
The Personal Protective Equipment Regulations 200233 are amended as follows.
I4741
In regulation 16(3) (application of Schedule 10 on enforcement) for “section 29 of the 1987 Act, as it is applied by Schedule 10” substitute “Schedule 5 to the Consumer Rights Act 2015 to the extent that it applies by virtue of paragraph 1(a) of Schedule 10”.
I4842
1
Paragraph 1 of Schedule 10 (enforcement) is amended as follows.
2
In sub-paragraph (c) omit “28 to”.
3
Omit paragraphs (c)(iv) to (c)(vii).
Tobacco Products (Manufacture, Presentation and Sale) (Safety) Regulations 2002I4943
In regulation 15(2) (enforcement and penalties) of the Tobacco Products (Manufacture, Presentation and Sale) (Safety) Regulations 200234 after “1987” insert “and Schedule 5 to the Consumer Protection Act 2015”.
Price Marking Order 2004I5044
Article 15 (enforcement) of the Price Marking Order 200435 is revoked.
General Product Safety Regulations 2005I5145
Regulations 21 to 26 of the General Product Safety Regulations 200536 are revoked.
Weights and Measures (Packaged Goods) Regulations 2006
I5246
The Weights and Measures (Packaged Goods) Regulations 200637 are amended as follows.
I5347
In regulation 2 (interpretation) omit the entry for “credentials”.
I5448
Omit regulation 10(5) (enforcement by local weights and measures authority).
I5549
Omit Schedule 7 (powers of inspectors and local weights and measures authorities).
Measuring Instruments (Automatic Discontinuous Totalisers) Regulations 2006
I5650
The Measuring Instruments (Automatic Discontinuous Totalisers) Regulations 200638 are amended as follows.
I5751
Regulation 23 (testing of automatic discontinuous totalisers) is revoked.
I5852
In regulation 25 (powers of entry and inspection)—
a
omit paragraphs (1) to (5);
b
in paragraph (6) for “by virtue of this regulation” substitute “for the purposes of these Regulations”; and
c
omit paragraphs (8) and (9).
I5953
Regulation 26 (obstruction of enforcement officer) is revoked.
I6054
Regulation 31 (savings for certain privileges) is revoked.
I6155
In Schedule 5 (adaptations for Northern Ireland) omit paragraphs 4 and 5.
Measuring Instruments (Automatic Rail-weighbridges) Regulations 2006
I6256
The Measuring Instruments (Automatic Rail-weighbridges) Regulations 200639 are amended as follows.
I6357
Regulation 24 (testing of rail-weighbridges) is revoked.
I6458
In regulation 26 (powers of entry and inspection)—
a
omit paragraphs (1) to (5);
b
in paragraph (6) for “by virtue of this regulation” substitute “for the purposes of these Regulations”; and
c
omit paragraphs (8) and (9).
I6559
Regulation 27 (obstruction of enforcement officer) is revoked.
I6660
Regulation 32 (savings for certain privileges) is revoked.
I6761
In Schedule 5 (adaptations for Northern Ireland) omit paragraphs 4 and 5.
Measuring Instruments (Automatic Catchweighers) Regulations 2006
I6862
The Measuring Instruments (Automatic Catchweighers) Regulations 200640 are amended as follows.
I6963
Regulation 26 (testing of automatic catchweighers) is revoked.
I7064
In regulation 28 (powers of entry and inspection)—
a
omit paragraphs (1) to (5);
b
in paragraph (6) for “by virtue of this regulation” substitute “for the purposes of these Regulations”; and
c
omit paragraphs (8) and (9).
I7165
Regulation 29 (obstruction of enforcement officer) is revoked.
I7266
Regulation 34 (savings for certain privileges) is revoked.
I7367
In Schedule 6 (adaptations for Northern Ireland) omit paragraphs 4 and 5.
Measuring Instruments (Automatic Gravimetric Filling Instruments) Regulations 2006
I7468
The Measuring Instruments (Automatic Gravimetric Filling Instruments) Regulations 200641 are amended as follows.
I7569
Regulation 24 (testing of automatic gravimetric filling instruments) is revoked.
I7670
In regulation 26 (powers of entry and inspection)—
a
omit paragraphs (1) to (5);
b
in paragraph (6) for “by virtue of this regulation” substitute “for the purposes of these Regulations”; and
c
omit paragraphs (8) and (9).
I7771
Regulation 27 (obstruction of enforcement officer) is revoked.
I7872
Regulation 32 (savings for certain privileges) is revoked.
I7973
In Schedule 6 (adaptations for Northern Ireland) omit paragraphs 4 and 5.
Measuring Instruments (Beltweighers) Regulations 2006
I8074
The Measuring Instruments (Beltweighers) Regulations 200642 are amended as follows.
I8175
Regulation 24 (testing of beltweighers) is revoked.
I8276
In regulation 26 (powers of entry and inspection)—
a
omit paragraphs (1) to (5);
b
in paragraph (6) for “by virtue of this regulation” substitute “for the purposes of these Regulations”; and
c
omit paragraphs (8) and (9).
I8377
Regulation 27 (obstruction of enforcement officer) is revoked.
I8478
Regulation 32 (savings for certain privileges) is revoked.
I8579
In Schedule 6 (adaptations for Northern Ireland) omit paragraphs 4 and 5.
Measuring Instruments (Capacity Serving Measures) Regulations 2006
I8680
The Measuring Instruments (Capacity Serving Measures) Regulations 200643 are amended as follows.
I8781
In regulation 23 (powers of entry and inspection)—
a
omit paragraphs (1) to (5);
b
in paragraph (6) for “by virtue of this regulation” substitute “for the purposes of these Regulations”; and
c
omit paragraphs (8) and (9).
I8882
Regulation 24 (obstruction of enforcement officer) is revoked.
I8983
Regulation 29 (savings for certain privileges) is revoked.
I9084
In Schedule 6 (adaptations for Northern Ireland) omit paragraphs 4 and 5.
Measuring Instruments (Liquid Fuel and Lubricants) Regulations 2006
I9185
The Measuring Instruments (Liquid Fuel and Lubricants) Regulations 200644 are amended as follows.
I9286
Regulation 23 (testing of measuring systems) is revoked.
I9387
In regulation 25 (powers of entry and inspection)—
a
omit paragraphs (1) to (5);
b
in paragraph (6) for “by virtue of this regulation” substitute “for the purposes of these Regulations”; and
c
omit paragraphs (8) and (9).
I9488
Regulation 26 (obstruction of enforcement officer) is revoked.
I9589
Regulation 31 (savings for certain privileges) is revoked.
I9690
In Schedule 6 (adaptations for Northern Ireland) omit paragraphs 4 and 5.
Measuring Instruments (Material Measures of Length) Regulations 2006
I9791
The Measuring Instruments (Material Measures of Length) Regulations 200645 are amended as follows.
I9892
In regulation 23 (powers of entry and inspection)—
a
omit paragraphs (1) to (5);
b
in paragraph (6) for “by virtue of this regulation” substitute “for the purposes of these Regulations”; and
c
omit paragraphs (8) and (9).
I9993
Regulation 24 (obstruction of enforcement officer) is revoked.
I10094
Regulation 29 (savings for certain privileges) is revoked.
I10195
In Schedule 5 (adaptations for Northern Ireland) omit paragraphs 4 and 5.
Measuring Instruments (Cold-water Meters) Regulations 2006
I10296
The Measuring Instruments (Cold-water Meters) Regulations 200646 are amended as follows.
I10397
Regulation 23 (testing of cold-water meters) is revoked.
I10498
In regulation 25 (powers of entry and inspection)—
a
omit paragraphs (1) to (5);
b
in paragraph (6) for “by virtue of this regulation” substitute “for the purposes of these Regulations”; and
c
omit paragraphs (8) and (9).
I10599
Regulation 26 (obstruction of enforcement officer) is revoked.
I106100
Regulation 31 (savings for certain privileges) is revoked.
I107101
In Schedule 5 (adaptations for Northern Ireland) omit paragraphs 4 and 5.
Measuring Instruments (Liquid Fuel delivered from Road Tankers) Regulations 2006
I108102
The Measuring Instruments (Liquid Fuel delivered from Road Tankers) Regulations 200647 are amended as follows.
I109103
Regulation 24 (testing of meter measuring systems) is revoked.
I110104
In regulation 26 (powers of entry and inspection)—
a
omit paragraphs (1) to (5);
b
in paragraph (6) for “by virtue of this regulation” substitute “for the purposes of these Regulations”; and
c
omit paragraphs (8) and (9).
I111105
Regulation 27 (obstruction of enforcement officer) is revoked.
I112106
Regulation 32 (savings for certain privileges) is revoked.
I113107
In Schedule 5 (adaptations for Northern Ireland) omit paragraphs 4 and 5.
Electromagnetic Compatibility Regulations 2006
I114108
The Electromagnetic Compatibility Regulations 200648 are amended as follows.
I115109
In regulation 3 (interpretation), in the definition of “enforcement authority”, after “means” insert “(subject to regulation 37A (investigatory powers))”.
I116110
After regulation 37 (test purchases) insert—
37AInvestigatory powers
For the purposes of regulations 38 to 41, 45 and 50 any reference to an enforcement authority is a reference to any enforcement authority other than—
a
local weights and measures authorities; and
b
the Department of Enterprise, Trade and Investment.
Business Protection from Misleading Marketing Regulations 2008
I117111
The Business Protection from Misleading Marketing Regulations 200849 are amended as follows.
I118112
Regulations 21 to 27 are revoked.
I119113
In regulation 28 (crown) omit paragraph (1).
Consumer Protection from Unfair Trading Regulations 2008
I120114
The Consumer Protection from Unfair Trading Regulations 200850 are amended as follows.
I121115
Regulations 20 to 25 are revoked.
I122116
In regulation 28 (crown) omit paragraph (1).
Supply of Machinery (Safety) Regulations 2008
I123117
Schedule 5 to the Supply of Machinery (Safety) Regulations 200851 (Enforcement) is amended as follows.
I124118
In paragraph 11 (powers of other enforcement authorities)—
a
in sub-paragraph (a) omit “28 to”; and
b
omit sub-paragraph (b).
I125119
In paragraph 12 omit sub-paragraphs (e) to (h).
Timeshare, Holiday Products, Resale and Exchange Contracts Regulations 2010I126120
Regulations 33 (powers of officers) and 34 (obstruction of authorised officers) of the Timeshare, Holiday Products, Resale and Regulations 201052 are revoked.
Toys (Safety) Regulations 2011
I127121
The Toys (Safety) Regulations 201153 are amended as follows.
I128122
In regulation 17 (technical documentation and correspondence relating to EC-type examination)—
a
omit paragraphs (6) to (9); and
b
in paragraph (10) for “, (3) or (9)” substitute “or (3)”.
I129123
In regulation 31 (duties to retain and provide information) omit paragraphs (2) to (4).
I130124
Regulation 36 (duty to provide information) is revoked.
Weights and Measures (Packaged Goods) Regulations (Northern Ireland) 2011
I131125
The Weights and Measures (Packaged Goods) Regulations (Northern Ireland) 201154 are amended as follows.
I132126
In regulation 2 (interpretation) omit the entry for “credentials”.
I133127
In regulation 10 (enforcement), omit paragraph (5).
I134128
Omit Schedule 7 (powers of inspectors and the department).
Textile Products (Labelling and Fibre Composition) Regulations 2012
I135129
The Textile Products (Labelling and Fibre Composition) Regulations 201255 are amended as follows.
I136130
Regulations 12 to 18 are revoked.
I137131
In regulation 19 (crown) omit paragraph (1).
Cosmetic Products Enforcement Regulations 2013
I138132
The Cosmetic Products Enforcement Regulations 201356 are amended as follows.
I139133
In regulation 7(1)(a) (market surveillance and enforcement powers) omit “and Schedule 2 (test purchases, powers of entry etc and warrants) of these Regulations”.
I140134
Omit Schedule 2 (testing, powers of entry etc and warrants).