The Consumer Rights Act 2015 (Commencement No. 3, Transitional Provisions, Savings and Consequential Amendments) Order 2015

Article 5

SCHEDULE 1 Amendments 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 1984

1.  In article 3(1) of the Sale of Optical Appliances Order of Council 1984(1) (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 2007

2.  In the Schedule to the Legislative and Regulatory Reform (Regulatory Functions) Order 2007(2) (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 2008

3.  In regulation 5(7) of the Consumer Protection from Unfair Trading Regulations 2008(3) (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 2009

4.  In Part 2 of Schedule 1 to the Co-ordination of Regulatory Enforcement (Regulatory Functions in Scotland and Northern Ireland) Order 2009(4) (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 2011

5.  In Part 1 of the Schedule to the Mobile Homes (Written Statement) (England) Regulations 2011(5), 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 2012

6.  In article 4 of the Postal Services Act 2011 (Disclosure of Information) Order 2012(6) (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”.

(1)

S.I. 1984/1778, amended by S.I. 2005/848; there are other amending instruments but none is relevant.

(2)

S.I. 2007/3544, to which there are amendments not relevant to this Order.

(3)

S.I. 2008/1277, to which there are amendments not relevant to this Order.

(4)

S.I. 2009/669, to which there are amendments not relevant to this Order.

(5)

S.I. 2011/1006, to which there are amendments not relevant to this Order.

(6)

S.I. 2012/1128, to which there are amendments not relevant to this Order.