Part 8Enforcement of certain consumer legislation

Introduction

212Community 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, or

b

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

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.

4

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

5

An EEA State is a State which is a contracting party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993.

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.