Consumer Rights Act 2015

Section 77

SCHEDULE 6 U.K. Investigatory powers: consequential amendments

Registered Designs Act 1949 (c. 88) U.K.

1 (1) Section 35ZB of the Registered Designs Act 1949 (enforcement) is amended as follows. U.K.

(2) Omit subsection (1).

(3) Before subsection (2) insert—

“(1A) For the investigatory powers available to a local weights and measures authority or the Department of Enterprise, Trade and Investment in Northern Ireland for the purposes of the enforcement of section 35ZA, see Schedule 5 to the Consumer Rights Act 2015.”

Commencement Information

I1 Sch. 6 para. 1 in force at 1.10.2015 by S.I. 2015/1630, art. 3(i) (with art. 8)

Trade Descriptions Act 1968 (c. 29) U.K.

2 U.K. The Trade Descriptions Act 1968 is amended as follows.

Commencement Information

I2 Sch. 6 para. 2 in force at 1.10.2015 by S.I. 2015/1630, art. 3(i) (with art. 8)

3 U.K. In section 26 (enforcing authorities) after subsection (1) insert—

“(1A) For the investigatory powers available to a local weights and measures authority for the purposes of the duty in subsection (1), see Schedule 5 to the Consumer Rights Act 2015.”

Commencement Information

I3 Sch. 6 para. 3 in force at 1.10.2015 by S.I. 2015/1630, art. 3(i) (with art. 8)

4 U.K. Omit section 27 (power to make test purchases).

Commencement Information

I4 Sch. 6 para. 4 in force at 1.10.2015 by S.I. 2015/1630, art. 3(i) (with art. 8)

5 U.K. Omit section 28 (power to enter premises and inspect and seize goods and documents).

Commencement Information

I5 Sch. 6 para. 5 in force at 1.10.2015 by S.I. 2015/1630, art. 3(i) (with art. 8)

6 U.K. Omit section 29 (obstruction of authorised officers).

Commencement Information

I6 Sch. 6 para. 6 in force at 1.10.2015 by S.I. 2015/1630, art. 3(i) (with art. 8)

7 U.K. Omit section 30 (notice of test and intended prosecution).

Commencement Information

I7 Sch. 6 para. 7 in force at 1.10.2015 by S.I. 2015/1630, art. 3(i) (with art. 8)

8 U.K. Omit section 33 (compensation for loss, etc of goods seized under section 28).

Commencement Information

I8 Sch. 6 para. 8 in force at 1.10.2015 by S.I. 2015/1630, art. 3(i) (with art. 8)

9 (1) Section 40 (provisions as to Northern Ireland) is amended as follows. U.K.

(2) In subsection (1), omit paragraph (c).

(3) After subsection (1) insert—

“(1A) For the investigatory powers available to the Department of Enterprise, Trade and Investment in Northern Ireland for the purposes of the duty in subsection (1)(b), see Schedule 5 to the Consumer Rights Act 2015.”

Commencement Information

I9 Sch. 6 para. 9 in force at 1.10.2015 by S.I. 2015/1630, art. 3(i) (with art. 8)

Hallmarking Act 1973 (c. 43) U.K.

10 (1) Section 9 of the Hallmarking Act 1973 (enforcement of Act) is amended as follows. U.K.

(2) After subsection (2) insert—

“(2A) For the investigatory powers available to a local weights and measures authority, the Council and an assay office for the purposes of the duty in subsection (1) and the power in subsection (2), see Schedule 5 to the Consumer Rights Act 2015.”

(3) Omit subsections (3), (4) and (7).

Commencement Information

I10 Sch. 6 para. 10 in force at 1.10.2015 by S.I. 2015/1630, art. 3(i) (with art. 8)

Prices Act 1974 (c. 24) U.K.

11 (1) The Schedule to the Prices Act 1974 (enforcement) is amended as follows. U.K.

(2) Omit paragraphs 3, 7, 9 and 10.

(3) In paragraph 14(1) omit “and paragraph 10 above shall be omitted”.

(4) After paragraph 14 insert—

“15 For the investigatory powers available to a local weights and measures authority or the Department of Enterprise, Trade and Investment in Northern Ireland for the purposes of the duty in paragraph 6, see Schedule 5 to the Consumer Rights Act 2015.”

Commencement Information

I11 Sch. 6 para. 11 in force at 1.10.2015 by S.I. 2015/1630, art. 3(i) (with art. 8)

Consumer Credit Act 1974 (c. 39) U.K.

12 U.K. The Consumer Credit Act 1974 is amended as follows.

Commencement Information

I12 Sch. 6 para. 12 in force at 1.10.2015 by S.I. 2015/1630, art. 3(i) (with art. 8)

13 U.K. In section 161 (enforcement authorities), after subsection (1A) insert—

“(1B) For the investigatory powers available to a local weights and measures authority or the Department of Enterprise, Trade and Investment in Northern Ireland for the purposes of the duty in subsection (1), see Schedule 5 to the Consumer Rights Act 2015.”

Commencement Information

I13 Sch. 6 para. 13 in force at 1.10.2015 by S.I. 2015/1630, art. 3(i) (with art. 8)

14 U.K. Omit section 162 (powers of entry and inspection).

Commencement Information

I14 Sch. 6 para. 14 in force at 1.10.2015 by S.I. 2015/1630, art. 3(i) (with art. 8)

15 U.K. Omit section 163 (compensation for loss).

Commencement Information

I15 Sch. 6 para. 15 in force at 1.10.2015 by S.I. 2015/1630, art. 3(i) (with art. 8)

16 U.K. Omit section 164 (power to make test purchases etc).

Commencement Information

I16 Sch. 6 para. 16 in force at 1.10.2015 by S.I. 2015/1630, art. 3(i) (with art. 8)

17 U.K. Omit section 165 (obstruction of authorised officers).

Commencement Information

I17 Sch. 6 para. 17 in force at 1.10.2015 by S.I. 2015/1630, art. 3(i) (with art. 8)

18 U.K. In Schedule 1 (prosecution and punishment of offences) omit the entries for sections 162(6), 165(1) and 165(2).

Commencement Information

I18 Sch. 6 para. 18 in force at 1.10.2015 by S.I. 2015/1630, art. 3(i) (with art. 8)

Estate Agents Act 1979 (c. 38) U.K.

19 U.K. The Estate Agents Act 1979 is amended as follows.

Commencement Information

I19 Sch. 6 para. 19 in force at 1.10.2015 by S.I. 2015/1630, art. 3(i) (with art. 8)

20 U.K. In section 3(1)(cb) (power to make orders prohibiting unfit persons from doing estate agency work: failure to comply with section 9(1) or 11(1A)(b)) for “section 9(1) or 11(1A)(b) below” substitute “ paragraph 14 or 27 of Schedule 5 to the Consumer Rights Act 2015 ”.

Commencement Information

I20 Sch. 6 para. 20 in force at 1.10.2015 by S.I. 2015/1630, art. 3(i) (with art. 8)

21 U.K. In section 9 (information for the lead enforcement authority) omit subsections (1) to (4).

Commencement Information

I21 Sch. 6 para. 21 in force at 1.10.2015 by S.I. 2015/1630, art. 3(i) (with art. 8)

22 U.K. Omit section 11 (powers of entry and inspection).

Commencement Information

I22 Sch. 6 para. 22 in force at 1.10.2015 by S.I. 2015/1630, art. 3(i) (with art. 8)

23 U.K. Omit section 11A (failure to produce information).

Commencement Information

I23 Sch. 6 para. 23 in force at 1.10.2015 by S.I. 2015/1630, art. 3(i) (with art. 8)

24 U.K. In section 26 (enforcement authorities), after subsection (1) insert—

“(1A) For the investigatory powers available to an authority for the purposes of the duty in subsection (1), see Schedule 5 to the Consumer Rights Act 2015.”

Commencement Information

I24 Sch. 6 para. 24 in force at 1.10.2015 by S.I. 2015/1630, art. 3(i) (with art. 8)

25 U.K. Omit section 27 (obstruction and personation of authorised officers).

Commencement Information

I25 Sch. 6 para. 25 in force at 1.10.2015 by S.I. 2015/1630, art. 3(i) (with art. 8)

26 (1) Paragraph 14 of Schedule 2 (applications under sections 6(1) and 8(3)) is amended as follows. U.K.

(2) For “section 9 of this Act” substitute “ paragraph 14 of Schedule 5 to the Consumer Rights Act 2015 ”.

(3) Omit “or the production of documents”.

Commencement Information

I26 Sch. 6 para. 26 in force at 1.10.2015 by S.I. 2015/1630, art. 3(i) (with art. 8)

Video Recordings Act 1984 (c. 39) U.K.

27 (1) Section 16A of the Video Recordings Act 1984 (enforcement) is amended as follows. U.K.

(2) Omit subsections (1A), (1B) and (2).

(3) In subsection (4)—

(a) for “Subsections (1) and (1A)” substitute “ Subsection (1) ”, and

(b) omit the words from “For that purpose” to the end of the subsection.

(4) After that subsection insert—

“(4ZA) For the investigatory powers available to a local weights and measures authority or the Department of Enterprise, Trade and Investment in Northern Ireland for the purposes of the functions in this section, see Schedule 5 to the Consumer Rights Act 2015.”

(5) Omit subsection (4A).

Commencement Information

I27 Sch. 6 para. 27 in force at 1.10.2015 by S.I. 2015/1630, art. 3(i) (with art. 8)

Weights and Measures Act 1985 (c. 72) U.K.

28 U.K. The Weights and Measures Act 1985 is amended as follows.

Commencement Information

I28 Sch. 6 para. 28 in force at 1.10.2015 by S.I. 2015/1630, art. 3(i) (with art. 8)

29 U.K. In section 38(2) (special powers of inspectors with respect to certain goods) for “section 79 below” substitute “ Schedule 5 to the Consumer Rights Act 2015 ”.

Commencement Information

I29 Sch. 6 para. 29 in force at 1.10.2015 by S.I. 2015/1630, art. 3(i) (with art. 8)

30 U.K. Omit section 42 (power to make test purchases).

Commencement Information

I30 Sch. 6 para. 30 in force at 1.10.2015 by S.I. 2015/1630, art. 3(i) (with art. 8)

31 U.K. Omit section 79 (general powers of inspection and entry).

Commencement Information

I31 Sch. 6 para. 31 in force at 1.10.2015 by S.I. 2015/1630, art. 3(i) (with art. 8)

32 U.K. Before section 80 insert—

“79A Investigatory powers

For the investigatory powers available to a local weights and measures authority for the purposes of the enforcement of this Act, see Schedule 5 to the Consumer Rights Act 2015.”

Commencement Information

I32 Sch. 6 para. 32 in force at 1.10.2015 by S.I. 2015/1630, art. 3(i) (with art. 8)

33 U.K. In section 80 omit “or the packaged goods regulations”.

Commencement Information

I33 Sch. 6 para. 33 in force at 1.10.2015 by S.I. 2015/1630, art. 3(i) (with art. 8)

34 U.K. In section 81(1)(b) (failure to provide assistance or information) omit “or under this Part of this Act”.

Commencement Information

I34 Sch. 6 para. 34 in force at 1.10.2015 by S.I. 2015/1630, art. 3(i) (with art. 8)

35 (1) Section 84 (penalties) is amended as follows. U.K.

(2) In subsection (2), after the entry for section 20(8) insert—

“section 80;

section 81(1);

section 81(2);”.

(3) Omit subsection (5).

Commencement Information

I35 Sch. 6 para. 35 in force at 1.10.2015 by S.I. 2015/1630, art. 3(i) (with art. 8)

36 U.K. In paragraph 21(2)(b) of Schedule 11 (application of provisions applying to inspectors to persons authorised under the Weights and Measures Act 1963) omit “and except in section 79(3)”.

Commencement Information

I36 Sch. 6 para. 36 in force at 1.10.2015 by S.I. 2015/1630, art. 3(i) (with art. 8)

Consumer Protection Act 1987 (c. 43) U.K.

37 U.K. The Consumer Protection Act 1987 is amended as follows.

Commencement Information

I37 Sch. 6 para. 37 in force at 1.10.2015 by S.I. 2015/1630, art. 3(i) (with art. 8)

38 U.K. In section 27 (enforcement) after subsection (3) insert—

“(3A) For the investigatory powers available to a person for the purposes of the duty imposed by subsection (1), see Schedule 5 to the Consumer Rights Act 2015 (as well as section 29).”

Commencement Information

I38 Sch. 6 para. 38 in force at 1.10.2015 by S.I. 2015/1630, art. 3(i) (with art. 8)

39 U.K. Omit section 28 (test purchases).

Commencement Information

I39 Sch. 6 para. 39 in force at 1.10.2015 by S.I. 2015/1630, art. 3(i) (with art. 8)

40 (1) Section 29 (powers of search etc) is amended as follows. U.K.

(2) In subsection (1) for “any of the powers conferred by the following provisions of this section” substitute “ the power conferred by subsection (4) ”.

(3) Omit subsections (2), (3), (5) and (6).

(4) In subsection (7) omit—

(a) “, (5) or (6)”, and

(b) “or records”.

Commencement Information

I40 Sch. 6 para. 40 in force at 1.10.2015 by S.I. 2015/1630, art. 3(i) (with art. 8)

41 (1) Section 30 (provisions supplemental to section 29) is amended as follows. U.K.

(2) In subsection (1)—

(a) for “29” substitute “ 29(4) ”, and

(b) omit “or records” in both places.

(3) In subsection (2)(a)(i)—

(a) omit “goods or”, and

(b) for “29” substitute “ 29(4) ”.

(4) In subsection (3) omit “section 29 above or”.

(5) In each of subsections (5), (6) and (7) for “29” substitute “ 29(4) ”.

Commencement Information

I41 Sch. 6 para. 41 in force at 1.10.2015 by S.I. 2015/1630, art. 3(i) (with art. 8)

42 U.K. In section 31(1) (power of customs officer to detain goods) for “or under this Part” substitute “ section 29(4) of this Act or Schedule 5 to the Consumer Rights Act 2015 ”.

Commencement Information

I42 Sch. 6 para. 42 in force at 1.10.2015 by S.I. 2015/1630, art. 3(i) (with art. 8)

43 U.K. In section 32(1) (obstruction of authorised officer)—

(a) in paragraph (a)—

(i) for “any provision of this Part” substitute “ section 29(4) ”, and

(ii) for “so acting” substitute “ acting in pursuance of section 31 ”,

(b) in paragraph (b) for “any provision of this Part” substitute “ section 29(4) ”, and

(c) in paragraph (c) for “any provision of this Part” substitute “ section 29(4) ”.

Commencement Information

I43 Sch. 6 para. 43 in force at 1.10.2015 by S.I. 2015/1630, art. 3(i) (with art. 8)

44 U.K. In section 33(1) (appeals against detention of goods) for “any provision of this Part” substitute “ section 29(4) ”.

Commencement Information

I44 Sch. 6 para. 44 in force at 1.10.2015 by S.I. 2015/1630, art. 3(i) (with art. 8)

45 U.K. In section 34(1) (compensation for seizure and detention) for “29” substitute “ 29(4) ”.

Commencement Information

I45 Sch. 6 para. 45 in force at 1.10.2015 by S.I. 2015/1630, art. 3(i) (with art. 8)

46 U.K. In section 44(4) (service of documents)—

(a) omit “28(2) or”, and

(b) omit “purchased or” in each place.

Commencement Information

I46 Sch. 6 para. 46 in force at 1.10.2015 by S.I. 2015/1630, art. 3(i) (with art. 8)

Education Reform Act 1988 (c. 40) U.K.

47 (1) Section 215 of the Education Reform Act 1988 (unrecognised degrees: enforcement) is amended as follows. U.K.

(2) After that section insert—

“(1A) For the investigatory powers available to a local weights and measures authority for the purposes of the duty to enforce imposed by subsection (1), see Schedule 5 to the Consumer Rights Act 2015.”

(3) Omit subsections (2) to (8).

Commencement Information

I47 Sch. 6 para. 47 in force at 1.10.2015 by S.I. 2015/1630, art. 3(i) (with art. 8)

Copyright, Designs and Patents Act 1988 (c. 48) U.K.

48 U.K. The Copyright, Designs and Patents Act 1988 is amended as follows.

Commencement Information

I48 Sch. 6 para. 48 in force at 1.10.2015 by S.I. 2015/1630, art. 3(i) (with art. 8)

49 (1) Section 107A (enforcement of section 107 by local weights and measures authority) is amended as follows. U.K.

(2) Omit subsection (2).

(3) In subsection (3) omit the words from “For that purpose” to the end of the subsection.

(4) After that subsection insert—

“(3A) For the investigatory powers available to a local weights and measures authority or the Department of Enterprise, Trade and Investment in Northern Ireland for the purposes of the duties in this section, see Schedule 5 to the Consumer Rights Act 2015.”

Commencement Information

I49 Sch. 6 para. 49 in force at 1.10.2015 by S.I. 2015/1630, art. 3(i) (with art. 8)

50 (1) Section 198A (enforcement of section 198 by local weights and measures authority) is amended as follows. U.K.

(2) Omit subsection (2).

(3) In subsection (3) omit the words from “For that purpose” to the end of the subsection.

(4) After that subsection insert—

“(3A) For the investigatory powers available to a local weights and measures authority or the Department of Enterprise, Trade and Investment in Northern Ireland for the purposes of the duties in this section, see Schedule 5 to the Consumer Rights Act 2015.”

Commencement Information

I50 Sch. 6 para. 50 in force at 1.10.2015 by S.I. 2015/1630, art. 3(i) (with art. 8)

Clean Air Act 1993 (c. 11) U.K.

51 U.K. The Clean Air Act 1993 is amended as follows.

Commencement Information

I51 Sch. 6 para. 51 in force at 1.10.2015 by S.I. 2015/1630, art. 3(i) (with art. 8)

52 (1) Section 30 (regulations about motor fuel) is amended as follows. U.K.

(2) Omit subsection (5).

(3) Before subsection (6) insert—

“(5A) For the investigatory powers available to a local weights and measures authority for the purposes of the duty in subsection (4), see Schedule 5 to the Consumer Rights Act 2015.”

(4) Omit subsection (8).

(5) Before subsection (9) insert—

“(8A) For the investigatory powers available to the Department of Enterprise, Trade and Investment in Northern Ireland for the purposes of the duty in subsection (7), see Schedule 5 to the Consumer Rights Act 2015.”

Commencement Information

I52 Sch. 6 para. 52 in force at 1.10.2015 by S.I. 2015/1630, art. 3(i) (with art. 8)

53 U.K. In section 31 (regulations about sulphur content of oil fuel for furnaces or engines) after subsection (4) insert—

“(4A) For the investigatory powers available to a local authority for the purposes of the duty in subsection (4)(a), see Schedule 5 to the Consumer Rights Act 2015.”

Commencement Information

I53 Sch. 6 para. 53 in force at 1.10.2015 by S.I. 2015/1630, art. 3(i) (with art. 8)

54 U.K. In section 32(4) (powers of entry not to apply in relation to persons in the public service of the Crown) for “sections 56 to 58 (rights of entry and inspection and other local authority powers)” substitute “ Schedule 5 to the Consumer Rights Act 2015 (investigatory powers) ”.

Commencement Information

I54 Sch. 6 para. 54 in force at 1.10.2015 by S.I. 2015/1630, art. 3(i) (with art. 8)

55 U.K. In section 49(1) (unjustified disclosures of information) after “this Act” insert “ or in the exercise of a power in Schedule 5 to the Consumer Rights Act 2015 for the purposes of the duty in section 30(4) or (7) or 31(4)(a) of this Act ”.

Commencement Information

I55 Sch. 6 para. 55 in force at 1.10.2015 by S.I. 2015/1630, art. 3(i) (with art. 8)

56 U.K. In section 56 (rights of entry and inspection etc) after subsection (6) insert—

“(7) This section does not apply in relation to—

(a) a function conferred on a local authority by Part 4, or

(b) a provision of an instrument made under that Part.”

Commencement Information

I56 Sch. 6 para. 56 in force at 1.10.2015 by S.I. 2015/1630, art. 3(i) (with art. 8)

57 U.K. In section 58(1) (power of local authorities to obtain information)—

(a) omit “IV or”, and

(b) for “those Parts” substitute “ that Part ”.

Commencement Information

I57 Sch. 6 para. 57 in force at 1.10.2015 by S.I. 2015/1630, art. 3(i) (with art. 8)

Sunday Trading Act 1994 (c. 20) U.K.

58 (1) Part 1 of Schedule 2 to the Sunday Trading Act 1994 (general enforcement provisions) is amended as follows. U.K.

(2) Omit paragraphs 3 and 4.

(3) Before paragraph 5 insert—

“Investigatory powers U.K.

4A For the investigatory powers available to a local authority and the inspectors appointed by it under paragraph 2 for the purposes of the duty in paragraph 1, see Schedule 5 to the Consumer Rights Act 2015.”

Commencement Information

I58 Sch. 6 para. 58 in force at 1.10.2015 by S.I. 2015/1630, art. 3(i) (with art. 8)

Trade Marks Act 1994 (c. 26) U.K.

59 (1) Section 93 of the Trade Marks Act 1994 (enforcement function of local weights and measures authority) is amended as follows. U.K.

(2) Omit subsection (2).

(3) In subsection (3) omit the words from “For that purpose” to the end of the subsection.

(4) After that subsection insert—

“(3A) For the investigatory powers available to a local weights and measures authority or the Department of Enterprise, Trade and Investment in Northern Ireland for the purposes of the duties in this section, see Schedule 5 to the Consumer Rights Act 2015.”

Commencement Information

I59 Sch. 6 para. 59 in force at 1.10.2015 by S.I. 2015/1630, art. 3(i) (with art. 8)

Olympic Symbol etc (Protection) Act 1995 (c. 32) U.K.

60 (1) Section 8A of the Olympic Symbol etc (Protection) Act 1995 is amended as follows. U.K.

(2) Omit subsection (2).

(3) In subsection (3) omit paragraph (b) and the “and” immediately preceding that paragraph.

(4) After that subsection insert—

“(3A) For the investigatory powers available to a local weights and measures authority or the Department of Enterprise, Trade and Investment in Northern Ireland for the purposes of the powers in this section, see Schedule 5 to the Consumer Rights Act 2015.”

Commencement Information

I60 Sch. 6 para. 60 in force at 1.10.2015 by S.I. 2015/1630, art. 3(i) (with art. 8)

Criminal Justice and Police Act 2001 (c. 16) U.K.

61 U.K. The Criminal Justice and Police Act 2001 is amended as follows.

Commencement Information

I61 Sch. 6 para. 61 in force at 1.10.2015 by S.I. 2015/1630, art. 3(i) (with art. 8)

62 U.K. In section 57(1) (retention of seized items)—

(a) omit paragraphs (d), (g) and (pa), and

(b) after paragraph (r) insert—

“(s) paragraphs 28(7) and 29(8) of Schedule 5 to the Consumer Rights Act 2015”.

Commencement Information

I62 Sch. 6 para. 62 in force at 1.10.2015 by S.I. 2015/1630, art. 3(i) (with art. 8)

63 (1) Section 65 (meaning of legal privilege) is amended as follows. U.K.

(2) Omit subsections (6) and (8A).

(3) Before subsection (9) insert—

“(8B) An item which is, or is comprised in, property which has been seized in exercise or purported exercise of the power of seizure conferred by paragraph 27(1)(b) or 29(1) of Schedule 5 to the Consumer Rights Act 2015 shall be taken for the purposes of this Part to be an item subject to legal privilege if, and only if, the seizure of that item was in contravention of paragraph 27(6) or (as the case may be) 29(6) of that Schedule (privileged documents).”

(4) In subsection (9)—

(a) omit paragraph (c),

(b) at the end of paragraph (d) insert “ or ”, and

(c) omit paragraph (f) and the “or” immediately preceding that paragraph.

Commencement Information

I63 Sch. 6 para. 63 in force at 1.10.2015 by S.I. 2015/1630, art. 3(i) (with art. 8)

64 U.K. In section 66(4) (construction of references to a search)—

(a) omit paragraphs (a), (c), (d), (e), (f), (g), (ma), (q), (r) and (s),

(b) in paragraph (h) for “29” substitute “ 29(4) ”,

(c) in paragraph (o) for “22” substitute “ 22(4) ”, and

(d) after paragraph (p) insert—

“(t) Part 4 of Schedule 5 to the Consumer Rights Act 2015”.

Commencement Information

I64 Sch. 6 para. 64 in force at 1.10.2015 by S.I. 2015/1630, art. 3(i) (with art. 8)

65 (1) Part 1 of Schedule 1 (powers to which section 50 applies) is amended as follows. U.K.

(2) Omit—

(a) paragraph 9,

(b) paragraph 16,

(c) paragraph 18,

(d) paragraph 19,

(e) paragraph 24,

(f) paragraph 36,

(g) paragraph 73BA,

(h) the first paragraph 73G,

(i) the second paragraph 73J,

(j) the second paragraph 73K,

(k) paragraph 73N, and

(l) paragraph 73O.

(3) In paragraph 45 for “29(4), (5) and (6)” substitute “ 29(4) ”.

(4) In the second paragraph 73G for “22(4) to (6)” substitute “ 22(4) ”.

(5) After paragraph 73M insert—

“Consumer Rights Act 2015 U.K.

73P Each of the powers of seizure conferred by paragraphs 27(1)(b), 28(1) and 29(1) of Schedule 5 to the Consumer Rights Act 2015.”

Commencement Information

I65 Sch. 6 para. 65 in force at 1.10.2015 by S.I. 2015/1630, art. 3(i) (with art. 8)

66 (1) Part 1 of Schedule 2 (application of enactments) is amended as follows. U.K.

(2) Omit paragraphs 1, 4B, 4C, 5, 7, 9B and 9C.

(3) In paragraph 3 for “29” in each place substitute “ 29(4) ”.

(4) In paragraph 4A—

(a) for “23” substitute “ 22(4) ”, and

(b) for “22” substitute “ 22(4) ”.

(5) After paragraph 4A insert—

“4D Paragraph 39 of Schedule 5 to the Consumer Rights Act 2015 (notice of testing of goods) shall apply in relation to items seized under section 50 of this Act in reliance on the power of seizure conferred by paragraph 28(1) of that Schedule as it applies in relation to goods seized under that paragraph.

Access to seized items U.K.

4E Subject to section 61 of this Act, paragraph 38 of Schedule 5 to the Consumer Rights Act 2015 (access to seized goods and documents) shall apply in relation to items seized under section 50 of this Act in reliance on the power of seizure conferred by paragraph 28(1) or 29(1) of that Schedule as it applies in relation to things seized under Part 4 of that Schedule.”

(6) In paragraph 8 for “29” in each place substitute “ 29(4) ”.

(7) In paragraph 9A—

(a) for the first “22” substitute “ 22(4) ”, and

(b) for “products under regulations 22 of those Regulations.” substitute “ those items, as it applies to the seizure and detention of products under regulation 22(4) of those Regulations. ”

(8) After paragraph 9A insert—

“9D Paragraph 41 of Schedule 5 to the Consumer Rights Act 2015 (compensation for seizure and detention) shall apply in relation to the seizure of items under section 50 of this Act in reliance on the power of seizure conferred by paragraph 28(1) or 29(1) of that Schedule, and the retention of those items, as it applies in relation to the seizure and detention of goods under Part 4 of that Schedule.”

Commencement Information

I66 Sch. 6 para. 66 in force at 1.10.2015 by S.I. 2015/1630, art. 3(i) (with art. 8)

Enterprise Act 2002 (c. 40) U.K.

67 U.K. The Enterprise Act 2002 is amended as follows.

Commencement Information

I67 Sch. 6 para. 67 in force at 1.10.2015 by S.I. 2015/1630, art. 3(i) (with art. 8)

68 U.K. Omit section 224 (power of CMA to require the provision of information).

Commencement Information

I68 Sch. 6 para. 68 in force at 1.10.2015 by S.I. 2015/1630, art. 3(i) (with art. 8)

69 U.K. Omit section 225 (power of other enforcer to require the provision of information).

Commencement Information

I69 Sch. 6 para. 69 in force at 1.10.2015 by S.I. 2015/1630, art. 3(i) (with art. 8)

70 U.K. Omit section 226 (procedure for notices requiring information).

Commencement Information

I70 Sch. 6 para. 70 in force at 1.10.2015 by S.I. 2015/1630, art. 3(i) (with art. 8)

71 U.K. Omit section 227 (enforcement of notices).

Commencement Information

I71 Sch. 6 para. 71 in force at 1.10.2015 by S.I. 2015/1630, art. 3(i) (with art. 8)

72 U.K. Omit section 227A (power to enter premises without warrant).

Commencement Information

I72 Sch. 6 para. 72 in force at 1.10.2015 by S.I. 2015/1630, art. 3(i) (with art. 8)

73 U.K. Omit section 227B (powers exercisable on the premises).

Commencement Information

I73 Sch. 6 para. 73 in force at 1.10.2015 by S.I. 2015/1630, art. 3(i) (with art. 8)

74 U.K. Omit section 227C (power to enter premises with warrant).

Commencement Information

I74 Sch. 6 para. 74 in force at 1.10.2015 by S.I. 2015/1630, art. 3(i) (with art. 8)

75 U.K. Omit section 227D (ancillary provisions about powers of entry).

Commencement Information

I75 Sch. 6 para. 75 in force at 1.10.2015 by S.I. 2015/1630, art. 3(i) (with art. 8)

76 U.K. Omit section 227E (obstructing, or failing to co-operate with, powers of entry).

Commencement Information

I76 Sch. 6 para. 76 in force at 1.10.2015 by S.I. 2015/1630, art. 3(i) (with art. 8)

77 U.K. Omit section 227F (retention of documents and goods).

Commencement Information

I77 Sch. 6 para. 77 in force at 1.10.2015 by S.I. 2015/1630, art. 3(i) (with art. 8)

78 U.K. Before section 228 (but after the italic heading “Miscellaneous”) insert—

“223A Investigatory powers

For the investigatory powers available to enforcers for the purposes of enforcers' functions under this Part, see Schedule 5 to the Consumer Rights Act 2015.”

Commencement Information

I78 Sch. 6 para. 78 in force at 1.10.2015 by S.I. 2015/1630, art. 3(i) (with art. 8)

79 U.K. In section 228 (evidence) omit subsection (4).

Commencement Information

I79 Sch. 6 para. 79 in force at 1.10.2015 by S.I. 2015/1630, art. 3(i) (with art. 8)

80 U.K. In section 236 (application of Part 8 to Crown) omit subsection (2).

Commencement Information

I80 Sch. 6 para. 80 in force at 1.10.2015 by S.I. 2015/1630, art. 3(i) (with art. 8)

81 U.K. In Schedule 14 (specified functions for the purposes of Part 9 restrictions on disclosure), at the end insert— “ Paragraph 13(2), (3) or (7) of Schedule 5 to the Consumer Rights Act 2015. ”

Commencement Information

I81 Sch. 6 para. 81 in force at 1.10.2015 by S.I. 2015/1630, art. 3(i) (with art. 8)

Fireworks Act 2003 (c. 22) U.K.

82 (1) Section 12 of the Fireworks Act 2003 (enforcement) is amended as follows. U.K.

(2) In subsection (2)—

(a) omit paragraph (a), and

(b) in paragraph (b), for “29(1) to (5), (6)(a) and (7)” substitute “ 29(4) and (7) ”.

(3) After subsection (2) insert—

“(2A) For the investigatory powers available to a person for the purposes of the duty to enforce imposed by virtue of subsection (1) (in addition to the powers in Part 4 of the Consumer Protection Act 1987), see Schedule 5 to the Consumer Rights Act 2015.”

Commencement Information

I82 Sch. 6 para. 82 in force at 1.10.2015 by S.I. 2015/1630, art. 3(i) (with art. 8)

Christmas Day (Trading) Act 2004 (c. 26) U.K.

83 (1) Section 3 of the Christmas Day (Trading) Act 2004 (enforcement) is amended as follows. U.K.

(2) Omit subsection (3).

(3) Before subsection (4) insert—

“(3A) For the powers available to a local authority and the inspectors appointed by it under subsection (3) for the purposes of the duty in subsection (1), see Schedule 5 to the Consumer Rights Act 2015.”

Commencement Information

I83 Sch. 6 para. 83 in force at 1.10.2015 by S.I. 2015/1630, art. 3(i) (with art. 8)

Financial Services Act 2012 (c. 21) U.K.

84 (1) Section 107 of the Financial Services Act 2012 (power to make further provision about regulation of consumer credit) is amended as follows. U.K.

(2) In subsection (2) omit paragraph (g).

(3) In subsection (4) for “(2)(g) to (i)” substitute “ (2)(h) and (i) ”.

Commencement Information

I84 Sch. 6 para. 84 in force at 1.10.2015 by S.I. 2015/1630, art. 3(i) (with art. 8)

Consequential repeals and revocations U.K.

85 U.K. In consequence of the amendments made by this Schedule, the following are repealed or revoked—

(a) section 16(2)(b) of the Price Commission Act 1977;

(b) article 2(13) of the Deregulation (Weights and Measures) Order 1999 (SI 1999/503);

(c) paragraph 9(8)(b) and (9)(a) of Schedule 25 to the Enterprise Act 2002;

(d) paragraphs 50 and 62 of Schedule 27 to the Civil Partnerships Act 2004;

(e) paragraphs (10) and (24) to (27) of Schedule 1 to the Weights and Measures (Packaged Goods) Regulations 2006 (SI 2006/659);

(f) regulations 15 to 18 and 24 to 28 of the Enterprise Act 2002 (Amendment) Regulations 2006 (SI 2006/3363);

(g) section 51(2) of the Consumer Credit Act 2006;

(h) paragraph 41 of Schedule 21 to the Legal Services Act 2007;

(i) sections 57 and 58(1), (3) and (4) of the Consumers, Estate Agents and Redress Act 2007;

(j) paragraphs 63 to 65 of Schedule 2 to the Consumer Protection from Unfair Trading Regulations 2008 (SI 2008/1277);

(k) paragraph 2 of Schedule 6 to the Timeshare, Holiday Products, Resale and Exchange Contracts Regulations 2010 (SI 2010/2960);

(l) regulation 2 of the Timeshare (Amendment) Regulations 2011 (SI 2011/1065);

(m) paragraphs 17 to 20 of Schedule 1 to the Weights and Measures (Packaged Goods) Regulations (Northern Ireland) 2011 (SR 2011/331);

(n) paragraph 82(a) of Schedule 9 to the Crime and Courts Act 2013.

Commencement Information

I85 Sch. 6 para. 85 in force at 1.10.2015 by S.I. 2015/1630, art. 3(i) (with art. 8)