Textual Amendments applied to the whole legislation
F3Act: for the words "solicitor of the Supreme Court of Northern Ireland" wherever they occur there is substituted (prosp.) the words "solicitor of the Court of Judicature of Northern Ireland" by virtue of Constitutional Reform Act 2005 (c. 4), ss. 59, 148(1), Sch. 11 para. 5 [Editorial Note: this amendment will be carried through into the text of the Act at the same time as any other effects on the Act for the year in which the relevant commencement order (or first such order) is made]
Interpretation
(1)References in this Part to goods and services must be construed in accordance with this section.
(2)Goods include—
(a)buildings and other structures;
(b)ships, aircraft and hovercraft.
(3)The supply of goods includes—
(a)supply by way of sale, lease, hire or hire purchase;
(b)in relation to buildings and other structures, construction of them by one person for another.
(4)Goods or services which are supplied wholly or partly outside the United Kingdom must be taken to be supplied to or for a person in the United Kingdom if they are supplied in accordance with arrangements falling within subsection (5).
(5)Arrangements fall within this subsection if they are made by any means and—
(a)at the time the arrangements are made the person seeking the supply is in the United Kingdom, or
(b)at the time the goods or services are supplied (or ought to be supplied in accordance with the arrangements) the person responsible under the arrangements for effecting the supply is in or has a place of business in the United Kingdom.
(1)This section has effect for the purpose of references in this Part to a person supplying or seeking to supply goods under—
(a)a hire-purchase agreement;
(b)a credit-sale agreement;
(c)a conditional sale agreement.
(2)The references include references to a person who conducts any antecedent negotiations relating to the agreement.
(3)The following expressions must be construed in accordance with section 189 of the Consumer Credit Act 1974 (c. 39) —
(a)hire-purchase agreement;
(b)credit-sale agreement;
(c)conditional sale agreement;
(d)antecedent negotiations.
(1)References in this Part to the supply of services must be construed in accordance with this section.
(2)The supply of services does not include the provision of services under a contract of service or of apprenticeship whether it is express or implied and (if it is express) whether it is oral or in writing.
(3)The supply of services includes—
(a)performing for gain or reward any activity other than the supply of goods;
(b)rendering services to order;
(c)the provision of services by making them available to potential users.
(4)The supply of services includes making arrangements for the use of computer software or for granting access to data stored in any form which is not readily accessible.
(5)The supply of services includes making arrangements by means of a relevant agreement (within the meaning of [F1paragraph 29 of Schedule 2 to the Telecommunications Act 1984]) for sharing the use of telecommunications apparatus.
(6)The supply of services includes permitting or making arrangements to permit the use of land in such circumstances as the Secretary of State specifies by order.
(7)The power to make an order under subsection (6) must be exercised by statutory instrument.
(8)But no such order may be made unless a draft of it has been laid before Parliament and approved by a resolution of each House.
Textual Amendments
F1Words in s. 234(5) substituted (25.7.2003 for certain purposes and 29.12.2003 for certain purposes) by Communications Act 2003 (c. 21), ss. 406(1), 411(2)(3), Sch. 17 para. 174(6) (with transitional provisions in Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with arts. 3-6 (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3(2) (with art. 11)
In this Part the Injunctions Directive is Directive 98/27/EC of the European Parliament and of the Council on injunctions for the protection of consumers’ interests.
In this Part—
(a)the CPC Regulation is Regulation (EC) No. 2006/2004 of the European Parliament and of the Council of 27 October 2004 on cooperation between national authorities responsible for the enforcement of consumer protection laws as amended by the Unfair Commercial Practices Directive M1;
(b)the Unfair Commercial Practices Directive is Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market M2.
Textual Amendments
F2Ss. 235A, 235B inserted (8.1.2007) by The Enterprise Act 2002 (Amendment) Regulations 2006 (S.I. 2006/3363), reg. 20
Marginal Citations
M1OJ No. L364, 9.12.2004.
M2OJ No. L149/22, 11.6.2005.
References in this Part to a general enforcer, a designated enforcer or a CPC enforcer are to be read, in the case of a person or body which is more than one kind of enforcer, as references to that person or body acting in its capacity as a general enforcer, designated enforcer or (as the case may be) CPC enforcer.]
Textual Amendments
F2Ss. 235A, 235B inserted (8.1.2007) by The Enterprise Act 2002 (Amendment) Regulations 2006 (S.I. 2006/3363), reg. 20