Part 3Enforcement of consumer protection law

Chapter 7Miscellaneous

209Powers to amend Schedule 15 and Schedule 16

(1)

The Secretary of State may by regulations amend—

(a)

the first column of the Table in Part 1 of Schedule 15 so as to add, remove or vary an entry for an enactment;

(b)

the second column of that Table so as to add, remove or vary an entry providing for the authorised enforcers in respect of an enactment;

(c)

the third column of that Table in consequence of amendments made under the power conferred by paragraph (a);

(d)

the second column of the Table in Part 2 of Schedule 15 so as to add, remove or vary an entry providing for the authorised enforcers in respect of an obligation or rule of law;

(e)

Schedule 16 so as to add, remove or vary an entry for an enactment.

(2)

The power under subsection (1)(a) or (e) is exercisable so as to add or vary an entry in respect of an enactment only if, and to the extent that, one or more of the following is provided for under or by virtue of the enactment so added or varied—

(a)

a duty, prohibition or restriction enforceable by criminal proceedings;

(b)

a duty owed to a person that is enforceable by civil proceedings;

(c)

a remedy or sanction enforceable by civil proceedings;

(d)

an agreement or security relating to a supply of goods, services or digital content to be void or unenforceable to any extent;

(e)

a right or remedy exercisable by a person supplying goods, services or digital content to be restricted or excluded;

(f)

the avoidance (to any extent) of liability relating to the supply of goods, services or digital content to be restricted or prevented.

(3)

It is immaterial for the purposes of subsection (2) whether or not—

(a)

a duty, prohibition or restriction exists in relation to consumers as such;

(b)

a remedy or sanction is provided for the benefit of consumers as such;

(c)

proceedings have been brought in relation to the act or omission concerned;

(d)

a person has been convicted of an offence in relation to the act or omission concerned.

(4)

Regulations under this section are subject to the affirmative procedure.