The Stop Now Orders (E.C. Directive) Regulations 2001

Interpretation

2.—(1) In these Regulations—

“the Act” means the Fair Trading Act 1973(1);

“Community infringement” means any act contrary to the Directives as transposed into the internal legal order of a Member State and which harms the collective interests of consumers included in the Directives;

“Community qualified entity” means an entity from another Member State for the time being listed in the Official Journal of the European Communities under Article 4(3) of the Injunctions Directive;

“the Directives” means the directives listed in Schedule 1 to these Regulations;

“EEA Agreement” means 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(2);

“the European Commission” means the Commission of the European Communities;

“Injunctions Directive” means Directive 98/27/EC of the European Parliament and of the Council of 19th May 1998 on injunctions for the protection of consumers' interests (3);

“Member State” means a State which is a contracting party to the EEA Agreement;

“other UK qualified entity” means an organisation designated by the Secretary of State in accordance with regulation 4;

“public UK qualified entity” means an independent public body specifically responsible for protecting the collective interests of consumers included in the Directives and listed in Schedule 3 to these Regulations;

“qualified entity” means a public UK qualified entity, an other UK qualified entity, or a Community qualified entity;

“Stop Now Order” means an order as mentioned in paragraph 7 of Schedule 2 to these Regulations.

(2) Terms (other than “consumer”) used in Part III of the Act shall have the same meaning as in that Act, and terms used in the Injunctions Directive shall have the same meaning as in that directive.

(3) For the purposes of the definition of “Community infringement” as it applies in relation to the law of any part of the United Kingdom, the internal legal order shall be taken to include the following:

(a) regulation of misleading and comparative advertising, except regulation specifically in relation to food, tobacco and tobacco products;

(b) the Consumer Protection (Cancellation of Contracts Concluded away from Business Premises) Regulations 1987(4);

(c) the Consumer Credit Act 1974(5);

(d) regulation of the content, amount and distribution of television advertising and of programme sponsorship;

(e) the Package Travel, Package Holidays and Package Tours Regulations 1992(6);

(f) The Medicines (Advertising) Regulations 1994(7);

(g) the Unfair Terms in Consumer Contracts Regulations 1999(8);

(h) the Timeshare Act 1992(9);

(i) the Consumer Protection (Distance Selling) Regulations 2000(10);

(j) regulation of the sale and supply to consumers of goods and the following services, and of guarantees in relation to such services—

(i) services provided under a contract for the supply of goods to be manufactured or produced; and

(ii) installation of goods, where installation forms part of a contract for the sale or supply of goods, and where the goods are installed by the seller or supplier or under his responsibility.

(1)

1973 c. 41.

(2)

Directive 98/27/EC was added to Annex XIX of the EEA Agreement by Decision No. 121/1999 of the EEA Joint Committee which came into force on 1 July 2000 (O.J. No. L325, 21.12.00, p.38).

(3)

OJ No. L166, 11.6.98, p.51.

(4)

SI 1987/2117, amended by the Consumer Protection (Cancellation of Contracts Concluded away from Business Premises) (Amendment) Regulations 1988, SI 1988/958.

(5)

1974 c. 39. The Act has been amended on numerous occasions.

(6)

SI 1992/3288, amended by the Package Travel, Package Holidays and Package Tours (Amendment) Regulations 1995, SI 1995/1648 and 1998, SI 1998/1208.

(7)

SI 1994/1932, amended by the Medicines (Advertising) Amendment Regulations 1996, SI 1996/1552 and the Medicines (Advertising and Monitoring of Advertising) Amendment Regulations 1999, SI 1999/267.

(8)

SI 1999/2083, amended by the Unfair Terms in Consumer Contracts (Amendment) Regulations 2001, SI 2001/1186.

(9)

c. 35, amended by the Timeshare Regulations 1997 (SI 1997/1081) and in other respects not relevant to these Regulations.

(10)

SI 2000/2334.