The Consumer Protection (Amendment etc.) (EU Exit) Regulations 2018

Statutory Instruments

2018 No. 1326

Exiting The European Union

Consumer Protection

The Consumer Protection (Amendment etc.) (EU Exit) Regulations 2018

Sift requirements satisfied

15th November 2018

Made

6th December 2018

Laid before Parliament

10th December 2018

Coming into force in accordance with regulation 1

The Secretary of State has been designated M1 for the purposes of making Regulations under section 2(2) of the European Communities Act 1972 M2 in relation to measures relating to consumer protection.

The Secretary of State makes these Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972, and section 8(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018 M3 .

The requirements of paragraph 3(2) of Schedule 7 to that Act (relating to the appropriate Parliamentary procedure for these Regulations) have been satisfied.

Marginal Citations

M1 S.I. 1993/2661.

M2 1972 c. 68. Section 2(2) was amended by section 27 of the Legislative and Regulatory Reform Act 2006 (c. 51) and by Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c. 7).

M3 2018 c.16.

PART 1 U.K. Introduction

Citation and commencement U.K.

1.—(1) These Regulations may be cited as the Consumer Protection (Amendment etc.) (EU Exit) Regulations 2018.

(2) Part 2 comes into force immediately before exit day.

(3) Parts 1, 3, 4, 5 and 6 come into force on exit day.

Commencement Information

I1 Reg. 1 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

[F1 Extent U.K.

1A.— (1) Part 4A of these Regulations extends to England and Wales and Scotland only.

(2) Part 4B of these Regulations extends to Northern Ireland only.]

Textual Amendments

F1 Reg. 1A inserted (31.12.2020 immediately before IP completion day) by The Consumer Protection (Enforcement) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1347), regs. 1(3), 4(2)

Commencement Information

I2 Reg. 1A in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

PART 2 U.K. Amendments made under section 2(2) of the European Communities Act 1972

Amendment of the Footwear (Indication of Composition) Labelling Regulations 1995 U.K.

2.—(1) The Footwear (Indication of Composition) Labelling Regulations 1995 M4 are amended as follows.

(2) In regulation 3 (application)—

(a) in paragraph (3)(b), for “Directive 89/686/EEC”, substitute “ Regulation (EU) 2016/425 of the European Parliament and of the Council of 9 March 2016 on personal protective equipment and repealing Council Directive 89/686/EEC M5 ”;

(b) in paragraph (3)(c), for “Directive 76/769/EEC”, substitute “ Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC M6 ”.

Commencement Information

I3 Reg. 2 in force at 31.12.2020 immediately before IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Marginal Citations

M4 S.I. 1995/2489 as amended by S.I. 2011/1043.

M5 OJ L 81, 31.03.2016, p. 51.

M6 OJ L 396, 30.12.2006, p. 1.

PART 3 U.K. Amendment of primary legislation

Amendment of the Consumer Rights Act 2015 U.K.

3.—(1) The Consumer Rights Act 2015 M7 is amended as follows.

(2) In section 32 (contracts applying law of non-EEA State)—

(a) in the heading, for “Contracts applying law of non-EEA State”, substitute “ Contracts applying law of a country other than the UK ”;

(b) in subsection (1)(a), for “an EEA State”, substitute “ the United Kingdom or any part of the United Kingdom ”;

(c) in subsection (3), omit “or the law of an EEA State is chosen”.

(3) In section 59(1) (interpretation) in the definition of “producer” for “European Economic Area” substitute “ United Kingdom ”.

(4) In section 73(1)(b) (disapplication of rules to mandatory terms and notices) omit “or the EU”.

(5) In section 74 (contracts applying law of non-EEA State)—

(a) in the heading, for “Contracts applying law of non-EEA State”, substitute “ Contracts applying law of a country other than the UK ”;

(b) in subsection (1)(a), for “an EEA State”, substitute “ the United Kingdom or any part of the United Kingdom ”;

(c) in subsection (2), omit “or the law of an EEA State is chosen”.

Commencement Information

I4 Reg. 3 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

Marginal Citations

M7 2015 c.15; there are amending instruments but none is relevant.

PART 4 U.K. Amendment of subordinate legislation

Prospective

Amendment of the Crystal Glass (Descriptions) Regulations 1973 U.K.

F2 4.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Reg. 4 omitted (31.12.2020 immediately before IP completion day) by virtue of The Consumer Protection (Enforcement) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1347), regs. 1(3), 4(3)

Prospective

Amendment of the Footwear (Indication of Composition) Labelling Regulations 1995 U.K.

F3 5.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 Reg. 5 omitted (31.12.2020 immediately before IP completion day) by virtue of The Consumer Protection (Enforcement) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1347), regs. 1(3), 4(4)

Amendment of the Consumer Protection from Unfair Trading Regulations 2008 U.K.

6.—(1) The Consumer Protection from Unfair Trading Regulations 2008 M8 are amended as follows.

(2) In regulation 27A(5)(b) (when does a consumer have a right to redress?), for “European Economic Area”, substitute “ United Kingdom ”.

(3) In Schedule 1 (commercial practices which are in all circumstances considered unfair)—

(a) in paragraph 8, after “a language which is not”, insert “ English (in the case of a trader located in the United Kingdom) or not ”;

(b) in paragraph 23, after “product is available in”, insert “ the United Kingdom (if the product is sold there) or in ”.

Commencement Information

I5 Reg. 6 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

Marginal Citations

M8 S.I. 2008/1277 as amended by S.I. 2013/3134 and S.I. 2014/870; there are other amending instruments but none is relevant.

Amendment of the Consumer Rights (Payment Surcharges) Regulations 2012 U.K.

7.—(1) The Consumer Rights (Payment Surcharges) Regulations 2012 M9 are amended as follows.

(2) In regulation 5 (contracts where regulation 4 applies)—

(a) in paragraph (2)(b), after “cross-border healthcare”, insert “as it had effect immediately before [F4 IP completion day]”;

(b) for paragraph (2)(h) substitute—

“(h) which is a regulated contract within the meaning of the Timeshare, Holiday Products, Resale and Exchange Contracts Regulations 2010 ”.M10

(3) In regulation 6B (application of regulation 6A), for “an EEA state” in each place it occurs, substitute “the United Kingdom”.

Textual Amendments

F4 Words in reg. 7(2)(a) substituted (31.12.2020 immediately before IP completion day) by The Consumer Protection (Enforcement) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1347), regs. 1(3), 4(5)

Commencement Information

I6 Reg. 7 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

Marginal Citations

M9 S.I. 2012/3110 as amended by S.I. 2017/752; there are other amending instruments but none is relevant.

M10 S.I. 2010/2960; there are amending instruments but none is relevant.

Amendment of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 U.K.

8.—(1) The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 M11 are amended as follows.

(2) Omit regulation 3(2) (review).

(3) In regulation 6 (limits of application: general)—

(a) for paragraph (1)(g) substitute—

“(g) which is a package travel contract within the meaning of the Package Travel and Linked Travel Arrangements Regulations 2018 ”;M12

(b) for paragraph (1)(h) substitute—

“(h) which is a regulated contract within the meaning of the Timeshare, Holiday Products, Resale and Exchange Contracts Regulations 2010”.

(4) In Schedule 3 (model instructions for cancellation), in paragraph 5(b), for “EUR” in both places it occurs, substitute “ £ ”.

Commencement Information

I7 Reg. 8 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

Marginal Citations

M11 S.I. 2013/3134 as amended by S.I. 2015/1629 and S.I. 2018/634; there are other amending instruments but none is relevant.

M12 S.I. 2018/634.

Amendment of the Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015 U.K.

9.—(1) The Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015 M13 are amended as follows.

(2) Omit regulation 2(2) (review).

(3) In regulation 5 (other definitions)—

(a) omit the definition of “cross-border dispute”;

(b) omit the definition of “EU listed body”;

(c) omit the definition of “ODR platform”;

(d) omit the definition of “single point of contact”.

(4) In regulation 7, after “cross-border healthcare”, insert “as it had effect immediately before [F5 IP completion day]”.

(5) Omit regulation 8A (consumer information regarding the ODR platform).

(6) In regulation 10 (listing of ADR entities), for “single point of contact”, in both places it occurs, substitute “Secretary of State”.

(7) In regulation 13(4) (removal of approval), for “single point of contact”, substitute “Secretary of State”.

(8) In regulation 14 (notification of the consolidated ADR entity list)—

(a) in paragraph (1)—

(i) in the words before paragraph (a), for “European Commission”, substitute “Secretary of State”,

(ii) for “the relevant European Commission website”, substitute “a website nominated by the Secretary of State”;

(b) in paragraph (2)—

(i) in the words before paragraph (a), for “European Commission”, substitute “Secretary of State”,

(ii) for “the relevant European Commission website”, substitute “a website nominated by the Secretary of State”.

(9) In regulation 14A (the ADR entity's duty to cooperate)—

(a) omit paragraph (1)(a);

(b) in paragraph (1)(b) omit “both cross border disputes and”;

(c) in paragraph (2), for the words from “designated by the Secretary of State” to the end, substitute “which are enforcers under Part 8 of the Enterprise Act 2002M14 ”.

(10) In regulation 14B (agreement to submit disputes to an ADR entity), omit “cross-border dispute or” in each place it occurs.

(11) For the heading of Part 3 (single point of contact), substitute “ Functions of the Secretary of State ”.

(12) Omit regulation 17 (designation of single point of contact).

(13) In regulation 18 (functions of single point of contact)—

(a) in the heading, for “Functions of single point of contact”, substitute “Functions of the Secretary of State”;

(b) in paragraph (1)—

(i) for “single point of contact” substitute “Secretary of State”,

(ii) for “it” substitute “the Secretary of State”,

(iii) for sub-paragraph (b), substitute—

“(b) without undue delay, publish the consolidated list on a website.”;

(c) in paragraph (2)—

(i) for “single point of contact”, substitute “Secretary of State”,

(ii) for “its” substitute “a”,

(iii) omit sub-paragraph (b) and the “and” before it;

(d) in paragraph (3)(b) omit “or cross-border”;

(e) in paragraph (4)—

(i) for “single point of contact”, substitute “Secretary of State”,

(ii) for “it”, in the first place it occurs, substitute “the Secretary of State”;

(f) in paragraph (5), for “single point of contact”, in both places it occurs, substitute “Secretary of State”.

(14) In regulation 19 (consumer information by traders), omit “or EU listed body” in each place it occurs.

(15) Omit regulation 19A (consumer information by online traders and online marketplaces regarding the ODR platform).

(16) In Schedule 3 (requirements that a competent authority must be satisfied that the person meets)—

(a) in paragraph 1—

(i) in sub-paragraph (a) omit “or cross-border dispute”,

(ii) in sub-paragraph (b) omit “or cross-border dispute”,

(iii) in sub-paragraph (c) omit “or cross-border”;

(b) in paragraph 2—

(i) in sub-paragraph (a) omit “or cross-border dispute”,

(ii) omit sub-paragraphs (f) and (g);

(c) in paragraph 4 omit “or cross-border dispute”;

(d) in paragraph 5—

(i) omit sub-paragraph (d),

(ii) in sub-paragraph (e) omit “and cross-border disputes”;

(e) in paragraph 11—

(i) in sub-paragraph (a) omit “in a situation where there is no conflict of laws”,

(ii) omit sub-paragraph (b);

(f) omit paragraph 12;

(g) in paragraph 13 omit “or a cross-border dispute”;

(h) omit paragraphs 17, 18 and 19.

(17) In Schedule 4 (information to be included in the list maintained by a competent authority)—

(a) in paragraph d) omit “and cross-border dispute”;

(b) in paragraph e) omit “and cross-border disputes”.

(18) In Schedule 5 (information to be included in an ADR entity's annual activity report)—

(a) omit “and cross-border disputes” in each place it occurs;

(b) omit paragraph i).

(19) In Schedule 6 (information which an ADR entity must communicate to the relevant competent authority every two years), omit paragraph f).

Textual Amendments

F5 Words in reg. 9(4) substituted (31.12.2020 immediately before IP completion day) by The Consumer Protection (Enforcement) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1347), regs. 1(3), 4(6)

Commencement Information

I8 Reg. 9 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

Marginal Citations

M13 S.I. 2015/542 as amended by S.I. 2015/1392 and S.I. 2015/1972.

M14 2002 c. 40 as amended by paragraph 95 of Schedule 18 to the Financial Services Act 2012 (c. 21), paragraph 4 of Schedule 7 to the Consumer Rights Act 2015 (c. 15), S.I. 2006/3363, S.I. 2014/892 and S.I. 2018/378. There are other amending instruments but none are relevant.

[F6 PART 4A E+W+S Amendment of subordinate legislation in respect of Great Britain

Textual Amendments

F6 Pts. 4A, 4B inserted (31.12.2020 immediately before IP completion day) by The Consumer Protection (Enforcement) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1347), regs. 1(3), 4(7)

Amendment of the Crystal Glass (Descriptions) Regulations 1973 in respect of Great Britain E+W+S

9A.— (1) The Crystal Glass (Descriptions) Regulations 1973 are amended as follows.

(2) In regulation 4(2) omit from “Provided that” to the end.

(3) In regulation 7 omit from “to a country” to the end.

Amendment of the Footwear (Indication of Composition) Labelling Regulations 1995 in respect of Great Britain E+W+S

9B.— (1) The Footwear (Indication of Composition) Labelling Regulations 1995 are amended as follows.

(2) In regulation 2 (interpretation)—

(a) omit the definition of “the European Union”;

(b) in the definition of “responsible person”—

(i) in sub-paragraph (b), for “the European Union” substitute “Great Britain”;

(ii) for sub-paragraph (c) substitute—

“(c) where neither the manufacturer nor his authorised agent is established in Great Britain, the person who first places the footwear on the market in Great Britain;”.

(3) In regulation 5(4) (labelling requirements), for “the European Union” substitute “Great Britain”.

PART 4B N.I. Amendment of subordinate legislation in respect of Northern Ireland

Amendment of the Crystal Glass (Descriptions) Regulations 1973 in respect of Northern Ireland N.I.

9C.— (1) The Crystal Glass (Descriptions) Regulations 1973 are amended as follows.

(2) In regulation 4(2), for “another Member State” substitute “a Member State”.

Amendment of the Footwear (Indication of Composition) Labelling Regulations 1995 in respect of Northern Ireland N.I.

9D.— (1) The Footwear (Indication of Composition) Labelling Regulations 1995 are amended as follows.

(2) In regulation 2 (interpretation), in the definition of “responsible person”—

(a) in sub-paragraph (b), after “European Union” insert “or in Northern Ireland”;

(b) for sub-paragraph (c) substitute—

“(c) where neither the manufacturer nor his authorised agent is established in the European Union or in Northern Ireland, the person who first places the footwear on the market in the European Union or in Northern Ireland;”.

(3) In regulation 5(4) (labelling requirements), after “the European Union” insert “or in Northern Ireland”.]

PART 5 U.K. Revocation of retained direct EU legislation

Revocation of Regulation (EU) 524/2013 U.K.

10.  Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR) is revoked.

Commencement Information

I9 Reg. 10 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

PART 6 U.K. Supplementary

Transitional provision U.K.

11.  Nothing in regulation 3 or regulation 6(2) applies to a contract entered into before [F7 IP completion day].

Textual Amendments

F7 Words in reg. 11 substituted (31.12.2020 immediately before IP completion day) by The Consumer Protection (Enforcement) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1347), regs. 1(3), 4(8)

Commencement Information

I10 Reg. 11 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

Kelly Tolhurst

Parliamentary Under Secretary of State

Department for Business, Energy and Industrial Strategy

Explanatory Note

(This note is not part of the Regulations)

These Regulations are made in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 (c. 68), and section 8(1) of the European Union (Withdrawal) Act 2018 (c. 16). They address cross-references to EU law that are obsolete; and address failures of retained EU law to operate effectively and other deficiencies (in particular under sections 8(2)(a), 8(2)(c), 8(2)(d), 8(2)(g) and 8(3)(a)) arising from the withdrawal of the United Kingdom from the European Union.

These Regulations make amendments to legislation in the field of consumer protection and, in particular, amend legislation relating to applicable law in consumer contracts, labelling, unfair terms relating to language and after-sales service, alternative dispute resolution and the online dispute resolution platform. Part 2 amends subordinate legislation in exercise of the powers conferred by the European Communities Act 1972. Parts 3, 4, 5 and 6 make amendments in exercise of the powers conferred by the European Union (Withdrawal) Act 2018. Part 3 amends primary legislation, Part 4 amends subordinate legislation, Part 5 revokes retained direct EU legislation and Part 6 makes transitional provisions.

A full impact assessment on the effect that this instrument will have on the costs of business, the voluntary sector and the public sector is available from the Consumer and Competition Policy Directorate, Department for Business, Energy and Industrial Strategy, 1 Victoria Street, London SW1H 0ET or from www.gov.uk/beis, and is also annexed to the Explanatory Memorandum which is available alongside these Regulations at http://www.legislation.gov.uk.