The Consumer Protection (Enforcement) (Amendment etc.) Regulations 2020

Amendment of the Consumer Rights Act 2015

3.—(1) Schedule 5 (investigatory powers etc.) to the Consumer Rights Act 2015(1) is amended as follows.

(2) In paragraph 4 (EU enforcers)—

(a) at the end of sub-paragraph (i), omit “or”;

(b) at the end of sub-paragraph (j), omit the full stop and insert “,”;

(c) after sub-paragraph (j) insert—

“(k) the Department for Infrastructure,

(l) the Maritime and Coastguard Agency,

(m) the Office of Rail and Road, or

(n) the Office for the Traffic Commissioner.”

(3) In paragraph 8 (interpretation of other terms), at the appropriate place, insert—

““interim online interface order” means an order under section 218ZC of that Act;

“online interface order” means an order under section 218ZB of that Act;”.

(4) In paragraph 13 (exercise of powers in this Part), in sub-paragraph (2), in paragraph (d), for “an enforcement order or an interim enforcement order” substitute “an enforcement order, an interim enforcement order, an online interface order or an interim online interface order”.

(5) In paragraph 20 (exercise of powers in this Part: EU enforcers)—

(a) in sub-paragraph (2), for “paragraphs 21 to 25” substitute “paragraphs 22 to 25”;

(b) in sub-paragraph (3), in paragraph (b), for “an enforcement order or an interim enforcement order” substitute “an enforcement order, an interim enforcement order, an online interface order or an interim online interface order”;

(c) after sub-paragraph (3) insert—

“(3A)  An EU enforcer may exercise the power in paragraph 21 (power to purchase products) for either of the following purposes—

(a) the purpose mentioned in sub-paragraph (2), if the condition in sub-paragraph (3) is met, or

(b) to obtain a product for use as evidence in proceedings under Part 8 of the Enterprise Act 2002.”

(1)

2015 c. 15. Schedule 5 amended by S.I. 2015/1640, S.I. 2015/1726, the Enterprise Act 2016 (c. 12), section 25(2), the Housing and Planning Act 2016 (c. 22), section 132(4), S.I. 2016/1091, S.I. 2016/1092, S.I. 2016/1093, S.I. 2016/1101, S.I. 2016/1105, S.I. 2016/1152, S.I. 2016/1153, S.I. 2016/1259, S.I. 2017/737 and S.I. 2018/634. There are amendments to other provisions of the Act, but those amendments are not relevant to these Regulations.