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Statutory Instruments

2015 No. 1727

Consumer Protection

The Enterprise Act 2002 (Part 8 Domestic Infringements) Order 2015

Made

29th September 2015

Coming into force

1st October 2015

The Secretary of State makes the following Order in exercise of the power conferred by section 211 of the Enterprise Act 2002(1).

In accordance with section 211(7) of the Enterprise Act 2002, a draft of this Order was laid before Parliament and approved by a resolution of each House of Parliament.

Citation and commencement

1.  This Order may be cited as the Enterprise Act 2002 (Part 8 Domestic Infringements) Order 2015 and shall come into force on 1st October 2015.

Specified infringements

2.  Acts or omissions in respect of any provision of Parts 1 and 2 and Chapter 5 of Part 3 of the Consumer Rights Act 2015(2) are specified for the purposes of section 211(2) of the Enterprise Act 2002.

Neville-Rolfe

Parliamentary Under Secretary of State for Business, Innovation and Skills

Department for Business, Innovation and Skills

29th September 2015

EXPLANATORY NOTE

(This note is not part of the Order)

Part 8 of the Enterprise Act 2002 (c.40) (“the Act”) enables persons and bodies which are general or designated enforcers to seek enforcement orders prohibiting domestic and Community infringements. Section 211(1) of the Act defines a domestic infringement as an act or omission done or made by a person in the course of a business which falls within section 211(2) and harms the collective interests of consumers in the United Kingdom.

Article 2 of this Order specifies acts or omissions in respect of any provision of Parts 1 and 2 and Chapter 5 of Part 3 of the Consumer Rights Act 2015 (c.15) as acts or omissions which may, taken with the requirements of section 211(2)(a) to (g) of the Act, constitute domestic infringements.

The impact assessments completed for the Consumer Rights Bill, introduced to Parliament on 23rd January 2014, contain an assessment of the effect on the costs of business and the public and voluntary sector, and can be found at https://www.gov.uk/government/publications/consumer-rights-bill.