The Enterprise Act 2002 (Part 8 Community Infringements Specified UK Laws) Order 2003

Explanatory Note

(This note is not part of the Order)

Part 8 of the Enterprise Act 2002 (“the Act”) implements Directive 98/27/EC of the European Parliament and of the Council of 19th May 1998 on injunctions for the protection of consumers' interests (OJ L 166, 11.6.98, p. 51). It enables persons and bodies which are general or designated enforcers to seek enforcement orders prohibiting domestic and Community infringements which harm the collective interests of consumers. Part 8 also enables Community enforcers to seek enforcement orders prohibiting Community infringements. This Order specifies the laws in the United Kingdom which give effect to the EC Directives, and provisions of Directives, listed in Schedule 13 of the Act (as amended by Article 2 of this Order) together with additional protections permitted under them in respect of which acts or omissions may constitute Community infringements.

The specified UK laws are specified to the extent that they give effect to the listed Directives (or provisions of Directives) or provide additional permitted protection. Additional permitted protections are protections which are in addition to the minimum required by the Directive concerned and which are permitted by that Directive. The Order expressly excludes provisions of the specified UK laws that do not give effect to the listed Directive or provide additional permitted protection (eg Article 4A of the Control of Misleading Advertisements Regulations 1988 and the application of the Consumer Credit Act 1974 to consumer hire agreements).

Schedule 13 is amended to include Article 100 of Directive 2001/83/EC (OJ L 311, 28.11.01, p. 67) (the Community code relating to medicinal products for human use).