Part 8Enforcement of certain consumer legislation

Introduction

212 Community infringements

1

In this Part a Community infringement is an act or omission which harms the collective interests of consumers and which—

a

contravenes a listed Directive as given effect by the laws, regulations or administrative provisions of an EEA State, F2. . .

b

contravenes such laws, regulations or administrative provisions which provide additional permitted protections.

F3c

contravenes a listed Regulation, or

d

contravenes any laws, regulations or administrative provisions of an EEA State which give effect to a listed Regulation.

2

The laws, regulations or administrative provisions of an EEA State which give effect to a listed Directive provide additional permitted protections if—

a

they provide protection for consumers which is in addition to the minimum protection required by the Directive concerned, and

b

such additional protection is permitted by that Directive.

3

The Secretary of State may by order specify for the purposes of this section the law in the United Kingdom which—

a

gives effect to the listed Directives;

b

provides additional permitted protections F4; or

F5c

gives effect to a listed Regulation

4

References to a listed Directive F6or to a listed Regulation must be construed in accordance with section 210.

F75

EEA State has the meaning given by Schedule 1 to the Interpretation Act 1978 F8.

6

An order under this section must be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.