SCHEDULE 2Amendments
PART 1Amendments to Acts
Anglo-Portuguese Commercial Treaty Act 19141
In section 1 of the Anglo-Portuguese Commercial Treaty Act 191412 (meaning of “port” and “madeira” as applied to wine) omit the words from “Provided that” to the end.
Anglo-Portuguese Commercial Treaty Act 19162
In section 1(1) of the Anglo-Portuguese Commercial Treaty Act 191613 (further limitation of the use of the description “port”) omit the words from “Provided that” to the end.
Fraudulent Mediums Act 19513
The Fraudulent Mediums Act 195114 shall cease to have effect.
Trading Representations (Disabled Persons) Act 19584
The Trading Representations (Disabled Persons) Act 195815 shall cease to have effect.
Trading Representations (Disabled Persons) Act (Northern Ireland) 19585
The Trading Representations (Disabled Persons) Act (Northern Ireland) 195816 shall cease to have effect.
Mock Auctions Act 19616
The Mock Auctions Act 196117 shall cease to have effect.
Trade Descriptions Act 1968
7
The Trade Descriptions Act 196818 is amended as follows.
8
The following provisions shall cease to have effect—
a
section 1(1) (prohibition of false trade descriptions);
b
section 5 (trade descriptions used in advertisements);
c
section 6 (offer to supply);
d
sections 7 to 10 (power to define terms and to require display etc. of information);
e
sections 13 to 15 (false representations or statements concerning services etc);
f
section 21(1) and (2) (accessories to offences committed abroad);
g
section 22 (restrictions on institution of proceedings and admission of evidence);
h
section 32 (power to exempt goods sold for export, etc);
i
section 37 (market research experiments);
j
section 39(2) (interpretation).
9
In section 1, for subsection (2) substitute—
2
Sections 2 to 4 shall have effect for the interpretation of expressions used in this Act
10
In section 12 (false representations as to royal approval or award, etc), after subsection (2) add—
3
A person shall not be guilty of an offence under subsection (1) or (2) by reason of doing anything that is a commercial practice unless the commercial practice is unfair.
In this subsection “commercial practice” and “unfair” have the same meaning as in the Consumer Protection from Unfair Trading Regulations 2008.
11
In section 38 (orders), in subsection (3), for the words from “section 7” to “thereof” substitute “section 36 of this Act”.
12
In section 39 (interpretation), in subsection (1), for “2 to 6” substitute “2 to 4”.
Administration of Justice Act 197013
In section 40 of the Administration of Justice Act 197019 (punishment for unlawful harassment of debtors), after subsection (3) insert—
3A
Subsection (1) above does not apply to anything done by a person to another in circumstances where what is done is a commercial practice within the meaning of the Consumer Protection from Unfair Trading Regulations 2008 and the other is a consumer in relation to that practice.
Greater London Council (General Powers) Act 197214
In section 17 of the Greater London Council (General Powers) Act 197220 (duty to give information in certain cases), in subsection (5)—
a
at the end of paragraph (b) omit “or”, and
b
after paragraph (c) insert—
d
the Business Protection from Misleading Marketing Regulations 2008; or
e
the Consumer Protection from Unfair Trading Regulations 2008.
Fair Trading Act 197315
Sections 29 to 33 of the Fair Trading Act 197321 shall cease to have effect, except in so far as they are applied by section 123 of that Act.
Hallmarking Act 197316
1
Section 1 of the Hallmarking Act 197322 (prohibited descriptions of unhallmarked articles) is amended as follows.
2
Subsection (4) is omitted.
3
Before subsection (5) insert—
4A
Subsection (4B) applies in any case where—
a
the giving of a description of the fineness (whether in parts per thousand or otherwise) of any precious metal constitutes advertising within the meaning of the Business Protection from Misleading Marketing Regulations 2008, and
b
the description is false to any extent or degree (except by understating the fineness).
4B
In any such case, the giving of the description is to be treated as satisfying the requirements of regulation 3(2) of those Regulations (requirements for advertising to be misleading).
4C
Subsection (4D) applies in any case where—
a
the giving of a description of the fineness (whether in parts per thousand or otherwise) of any precious metal constitutes a commercial practice within the meaning of the Consumer Protection from Unfair Trading Regulations 2008, and
b
the description is false to any extent or degree (except by understating the fineness).
4D
In any such case, the giving of the description is to be treated as satisfying the conditions in regulation 5(2) of those Regulations (conditions for a commercial practice to be a misleading action).
4
In Part 3 of Schedule 1 (use of the words “carats”, etc), in paragraph 1, for “and the Act of 1968” substitute “, the Business Protection from Misleading Marketing Regulations 2008 and the Consumer Protection from Unfair Trading Regulations 2008”.
Consumer Credit Act 1974
17
The Consumer Credit Act 197423 is amended as follows.
18
Section 46 (false or misleading advertisements) shall cease to have effect.
19
In section 77 (duty to give information to debtor under fixed-sum credit agreement), in subsection (4), omit paragraph (b) and the “and” preceding it.
20
In section 78 (duty to give information to debtor under running-account credit agreement), in subsection (6), omit paragraph (b) and the “and” preceding it.
21
In section 79 (duty to give hirer information), in subsection (3), omit paragraph (b) and the “and” preceding it.
22
In section 85 (duty on issue of new credit tokens), in subsection (2), omit paragraph (b) and the “and” preceding it.
23
In section 97 (duty to give information), in subsection (3), omit paragraph (b) and the “and” preceding it.
24
In section 103 (termination statements)—
a
omit subsection (5), and
b
at the end insert—
6
A breach of the duty imposed by subsection (1) is actionable as a breach of statutory duty.
25
In section 107 (duty to give information to surety under fixed-sum credit agreement), in subsection (4), omit paragraph (b) and the “and” preceding it.
26
In section 108 (duty to give information to surety under running-account credit agreement), in subsection (4), omit paragraph (b) and the “and” preceding it.
27
In section 109 (duty to give information to surety under consumer hire agreement), in subsection (3), omit paragraph (b) and the “and” preceding it.
28
In section 110 (duty to give information to debtor or hirer), in subsection (3), omit paragraph (b) and the “and” preceding it.
Telecommunications Act 198429
In section 101 of the Telecommunications Act 198424 (general restrictions on disclosure of information), in subsection (3)—
a
omit the paragraph (i) relating to the Control of Misleading Advertisements Regulations 1988, and
b
after paragraph (t) insert—
u
the Business Protection from Misleading Marketing Regulations 2008;
v
the Consumer Protection from Unfair Trading Regulations 2008.
Companies Act 198530
In Schedule 15D to the Companies Act 198525 (disclosures), in paragraph 17—
a
omit paragraph (h), and
b
after paragraph (i) insert—
j
the Business Protection from Misleading Marketing Regulations 2008;
k
the Consumer Protection from Unfair Trading Regulations 2008.
Weights and Measures Act 198531
Section 29 of the Weights and Measures Act 198526 (misrepresentation) shall cease to have effect.
Airports Act 198632
In section 74 of the Airports Act 198627 (restrictions on disclosure of information), in subsection (3)—
a
omit paragraph (j), and
b
after paragraph (t) insert—
u
the Business Protection from Misleading Marketing Regulations 2008;
v
the Consumer Protection from Unfair Trading Regulations 2008.
Consumer Protection Act 1987
33
The Consumer Protection Act 198728 is amended as follows.
34
Sections 20 to 26 (misleading price indications) shall cease to have effect.
35
In section 39 (defence of due diligence), in subsection (5), for “, 14(6) or 20(1)” substitute “or 14(6)”.
36
In section 46 (meaning of “supply”), in subsection (7), for “Parts II to IV” substitute “Part 2 or Part 4”.
37
In section 49 (Northern Ireland), in subsection (1)(a), for “Parts I and III” substitute “Part 1”.
County of Cleveland Act 198738
In section 23 of the County of Cleveland Act 198729 (control of occasional sales), subsections (6) and (7) shall cease to have effect.
Copyright, Designs and Patents Act 1988
39
The Copyright, Designs and Patents Act 198830 is amended as follows.
40
In section 114A (forfeiture of infringing copies, etc: England and Wales or Northern Ireland), in subsection (2), for the “or” at the end of paragraph (b) substitute—
ba
an offence under the Business Protection from Misleading Marketing Regulations 2008,
bb
an offence under the Consumer Protection from Unfair Trading Regulations 2008, or
41
In section 114B (forfeiture of infringing copies, etc. Scotland), in subsection (15), for the definition of “relevant offence” substitute—
“relevant offence” means—
- a
an offence under section 107(1), (2) or (2A) (criminal liability for making or dealing with infringing articles, etc),
- b
an offence under the Trade Descriptions Act 1968,
- c
an offence under the Business Protection from Misleading Marketing Regulations 2008,
- d
an offence under the Consumer Protection from Unfair Trading Regulations 2008, or
- e
any offence involving dishonesty or deception;
42
In section 204A (forfeiture of illicit recordings: England and Wales or Northern Ireland), in subsection (2), for the “or” at the end of paragraph (b) substitute—
ba
an offence under the Business Protection from Misleading Marketing Regulations 2008,
bb
an offence under the Consumer Protection from Unfair Trading Regulations 2008, or
43
In section 204B (forfeiture: Scotland), in subsection (15), for the definition of “relevant offence” substitute—
“relevant offence” means—
- a
an offence under section 198(1) or (1A) (criminal liability for making or dealing with illicit recordings),
- b
an offence under the Trade Descriptions Act 1968,
- c
an offence under the Business Protection from Misleading Marketing Regulations 2008,
- d
an offence under the Consumer Protection from Unfair Trading Regulations 2008, or
- e
any offence involving dishonesty or deception;
44
In section 297C (forfeiture of unauthorised decoders: England and Wales or Northern Ireland), in subsection (2), for the “or” at the end of paragraph (b) substitute—
ba
an offence under the Business Protection from Misleading Marketing Regulations 2008,
bb
an offence under the Consumer Protection from Unfair Trading Regulations 2008, or
45
In section 297D (forfeiture of unauthorised decoders: Scotland), in subsection (15), for the definition of “relevant offence” substitute—
“relevant offence” means—
- a
an offence under section 297A(1) (criminal liability for making, importing, etc unauthorised decoders),
- b
an offence under the Trade Descriptions Act 1968,
- c
an offence under the Business Protection from Misleading Marketing Regulations 2008,
- d
an offence under the Consumer Protection from Unfair Trading Regulations 2008, or
- e
any offence involving dishonesty or deception;
Road Traffic Act 198846
In section 80 of the Road Traffic Act 198831 (approval marks) —
a
in subsection (1), omit the words from “, and any markings” to the end;
b
in subsection (2), omit the words from “, whether or not” to the end.
Water Act 198947
In section 174 of the Water Act 198932 (general restrictions on disclosure of information), in subsection (3)—
a
after paragraph (lo) insert—
lp
any subordinate legislation made for the purpose of securing compliance with Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market;
b
for paragraph (m) substitute—
m
any subordinate legislation made for the purpose of securing compliance with Directive 2006/114/EC of the European Parliament and of the Council of 12 December 2006 concerning misleading and comparative advertising.
Courts and Legal Services Act 199048
In section 50 of the Courts and Legal Services Act 199033 (exceptions from restrictions on disclosure), in subsection (2)(m)—
a
omit sub-paragraph (viii), and
b
after sub-paragraph (xi) insert—
xii
the Business Protection from Misleading Marketing Regulations 2008;
xiii
the Consumer Protection from Unfair Trading Regulations 2008;
Water Industry Act 199149
In Schedule 15 to the Water Industry Act 199134 (enactments etc in respect of which disclosure may be made), in Part 2—
a
omit the words from “Any subordinate legislation” to the end, and
b
at the end insert—
Any subordinate legislation made for the purpose of securing compliance with Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market.
Any subordinate legislation made for the purpose of securing compliance with Directive 2006/114/EC of the European Parliament and of the Council of 12 December 2006 concerning misleading and comparative advertising.
Water Resources Act 199150
In Schedule 24 to the Water Resources Act 199135 (enactments etc in respect of which disclosure may be made), in Part 2—
a
omit the words “Any subordinate legislation” to the end, and
b
at the end insert—
Any subordinate legislation made for the purpose of securing compliance with Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market.
Any subordinate legislation made for the purpose of securing compliance with Directive 2006/114/EC of the European Parliament and of the Council of 12 December 2006 concerning misleading and comparative advertising.
North Yorkshire County Council Act 199151
In section 6 of the North Yorkshire County Council Act 199136 (control of occasional sales), subsections (6) and (7) shall cease to have effect.
Railways Act 199352
In section 145 of the Railways Act 199337 (general restrictions on disclosure of information), in subsection (3)—
a
after paragraph (qt) insert—
qu
any subordinate legislation made for the purpose of securing compliance with Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market
b
for paragraph (r) substitute—
r
any subordinate legislation made for the purpose of securing compliance with Directive 2006/114/EC of the European Parliament and of the Council of 12 December 2006 concerning misleading and comparative advertising.
Trade Marks Act 1994
53
The Trade Marks Act 199438 is amended as follows.
54
In section 91 (power of Commissioners for Revenue and Customs to disclose information), for the words from “an offence under” to the end substitute “an offence under—
a
section 92 below (unauthorised use of trade mark, &c in relation to goods),
b
the Trade Descriptions Act 1968,
c
the Business Protection from Misleading Marketing Regulations 2008, or
d
the Consumer Protection from Unfair Trading Regulations 2008.
55
In section 97 (forfeiture: England and Wales or Northern Ireland), in subsection (8), for the words from “an offence under” to the end substitute—
a
an offence under section 92 above (unauthorised use of trade mark, &c in relation to goods),
b
an offence under the Trade Descriptions Act 1968,
c
an offence under the Business Protection from Misleading Marketing Regulations 2008,
d
an offence under the Consumer Protection from Unfair Trading Regulations 2008, or
e
any offence involving dishonesty or deception.
56
In section 98 (forfeiture: Scotland), in subsection (14), in the definition of “relevant offence”, for the words from “an offence under” to the end substitute—
a
an offence under section 92 above (unauthorised use of trade mark, &c in relation to goods),
b
an offence under the Trade Descriptions Act 1968,
c
an offence under the Business Protection from Misleading Marketing Regulations 2008,
d
an offence under the Consumer Protection from Unfair Trading Regulations 2008, or
e
any offence involving dishonesty or deception;
Coal Industry Act 199457
In section 59 of the Coal Industry Act 199439 (information to be kept confidential by the Authority), in subsection (4)—
a
omit paragraph (m), and
b
after paragraph (p) insert—
q
any subordinate legislation made for the purpose of securing compliance with Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market;
r
any subordinate legislation made for the purpose of securing compliance with Directive 2006/114/EC of the European Parliament and of the Council of 12 December 2006 concerning misleading and comparative advertising.
London Local Authorities Act 199658
Section 16 of the London Local Authorities Act 199640 (display of names, etc) shall cease to have effect.
Greater London Authority Act 199959
In section 235 of the Greater London Authority Act 199941 (restrictions on disclosure of information), in subsection (3)—
a
after paragraph (rt) insert—
ru
any subordinate legislation made for the purpose of securing compliance with Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market;
b
for paragraph (s) substitute—
s
any subordinate legislation made for the purpose of securing compliance with Directive 2006/114/EC of the European Parliament and of the Council of 12 December 2006 concerning misleading and comparative advertising.
Postal Services Act 200060
In Schedule 7 to the Postal Services Act 200042 (disclosure of information), in paragraph 3(3)—
a
after sub-paragraph (pp) insert—
ppa
any subordinate legislation made for the purpose of securing compliance with Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market,
b
for sub-paragraph (qq) substitute—
any subordinate legislation made for the purpose of securing compliance with Directive 2006/114/EC of the European Parliament and of the Council of 12 December 2006 concerning misleading and comparative advertising.
Utilities Act 200061
In section 105 of the Utilities Act 200043 (general restrictions on disclosure of information), in subsection (6)—
a
omit paragraph (k), and
b
after paragraph (u) insert—
v
the Business Protection from Misleading Marketing Regulations 2008;
w
the Consumer Protection from Unfair Trading Regulations 2008.
Transport Act 200062
In Schedule 9 to the Transport Act 200044 (air traffic: information), in paragraph 3(3)—
a
after paragraph (s) insert—
sa
any subordinate legislation made for the purpose of securing compliance with Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market;
b
for paragraph (t) substitute—
t
any subordinate legislation made for the purpose of securing compliance with Directive 2006/114/EC of the European Parliament and of the Council of 12 December 2006 concerning misleading and comparative advertising;
Criminal Justice and Police Act 2001
63
In section 66 of the Criminal Justice and Police Act 200145 (general interpretation of Part 2), in subsection (4), after paragraph (p) insert—
q
regulation 23 of the Business Protection from Misleading Marketing Regulations 2008 (power of entry and investigation, etc.);
r
regulation 21 of the Consumer Protection from Unfair Trading Regulations 2008 (power of entry and investigation, etc.).
64
In Schedule 1 to that Act, in Part 1 (powers to which section 50 applies), after paragraph 73I insert—
Business Protection from Misleading Marketing Regulations 2008
73J
Each of the powers of seizure conferred by the provisions of regulation 23(1)(c) and (d) of the Business Protection from Misleading Marketing Regulations 2008 (seizure of evidence of breach of regulations, etc).
Consumer Protection from Unfair Trading Regulations 2008
73K
Each of the powers of seizure conferred by the provisions of regulation 21(1)(c) and (d) of the Consumer Protection from Unfair Trading Regulations 2008 (seizure of evidence of breach of regulations, etc).
65
1
In Schedule 2 to that Act, Part 1 (application of enactments) is amended as follows.
2
After paragraph 4A insert—
4B
Regulation 26 of the Business Protection from Misleading Marketing Regulations 2008 (notice of test and intended proceedings) shall apply in relation to items seized under section 50 of this Act in reliance on the power of seizure conferred by regulation 23 of those Regulations as it applies in relation to items seized in pursuance of regulation 23 of those Regulations.
4C
Regulation 24 of the Consumer Protection from Unfair Trading Regulations 2008 (notice of test and intended proceedings) shall apply in relation to items seized under section 50 of this Act in reliance on the power of seizure conferred by regulation 21 of those Regulations as it applies in relation to items seized in pursuance of regulation 21 of those Regulations.
3
After paragraph 9A insert—
9B
Regulation 27 of the Business Protection from Misleading Marketing Regulations 2008 (compensation for seizure and detention) shall apply in relation to the seizure of items under section 50 of this Act in reliance on the power of seizure conferred by regulation 23 of those Regulations, and the retention of those items, as it applies in relation to the seizure and detention of goods under regulation 23 of those Regulations.
9C
Regulation 25 of the Consumer Protection from Unfair Trading Regulations 2008 (compensation for seizure and detention) shall apply in relation to the seizure of items under section 50 of this Act in reliance on the power of seizure conferred by regulation 21 of those Regulations, and the retention of those items, as it applies in relation to the seizure and detention of goods under regulation 21 of those Regulations.
Kent County Council Act 200166
Section 13 of the Kent County Council Act 200146 (display of name and address) shall cease to have effect.
Medway Council Act 200167
Section 13 of the Medway Council Act 200147 (display of name and address) shall cease to have effect.
Enterprise Act 2002
68
The Enterprise Act 200248 is amended as follows.
69
Section 10(2) (saving of section 22 of the Fair Trading Act 1973 and orders made under it) shall cease to have effect (and accordingly the provisions of the Fair Trading Act 1973 referred to in Schedule 4 are repealed to the extent specified there, subject to any provision of that Schedule).
70
In Schedule 13 (listed Directives and Regulations)—
a
omit paragraph 1 (Council Directive 84/450/EEC concerning misleading advertising);
b
omit paragraph 7A (Directive 97/55/EC of the European Parliament and of the Council amending Directive 84/450/EEC);
c
in paragraph 11, for “Articles 83 to 100” substitute “Articles 86 to 100”.
Licensing Act 200371
In Schedule 4 to the Licensing Act 200349 (personal licence: relevant offences), at the end insert—
22
An offence under regulation 6 of the Business Protection from Misleading Marketing Regulations 2008 (offence of misleading advertising) in circumstances where the advertising in question relates to alcohol or to goods that include alcohol.
23
An offence under regulation 8, 9, 10, 11 or 12 of the Consumer Protection from Unfair Trading Regulations 2008 (offences relating to unfair commercial practices) in circumstances where the commercial practice in question is directly connected with the promotion, sale or supply of alcohol or of a product that includes alcohol.
Communications Act 200372
In section 393 of the Communications Act 200350 (general restrictions on disclosure of information), in subsection (5), for paragraph (p) substitute—
p
the Business Protection from Misleading Marketing Regulations 2008;
q
the Consumer Protection from Unfair Trading Regulations 2008.
Nottingham City Council Act 200373
Section 12 of the Nottingham City Council Act 200351 (display of name and address) shall cease to have effect.
Wireless Telegraphy Act 200674
In section 111 of the Wireless Telegraphy Act 200652 (disclosure of information), in subsection (6), for paragraph (n) substitute—
n
the Business Protection from Misleading Marketing Regulations 2008;
o
the Consumer Protection from Unfair Trading Regulations 2008.
Companies Act 200675
In Part 2 of Schedule 2 to the Companies Act 200653 (specified descriptions of disclosures), in paragraph 34—
a
omit paragraph (h);
b
after paragraph (i) insert—
j
the Business Protection from Misleading Marketing Regulations 2008;
k
the Consumer Protection from Unfair Trading Regulations 2008.
PART 2Amendments to other legislation
Tourism (Sleeping Accommodation Price Display) Order 197776
The Tourism (Sleeping Accommodation Price Display) Order 197754 is revoked.
Weights and Measures (Northern Ireland) Order 198177
Article 22(2) of the Weights and Measures (Northern Ireland) Order 198155 is revoked.
Road Vehicles (Construction and Use) Regulations 198678
Regulation 5 of the Road Vehicles (Construction and Use) Regulations 198656 (Trade Descriptions Act 1968) is revoked.
The Companies (Northern Ireland) Order 198679
In Schedule 15D57 (Disclosures) to the Companies (Northern Ireland) Order 1986 in paragraph 16—
a
omit sub-paragraph (h), and
b
after sub-paragraph (i) insert—
j
the Business Protection from Misleading Marketing Regulations 2008;
k
the Consumer Protection from Unfair Trading Regulations 2008.
Consumer Protection (Northern Ireland) Order 198780
Articles 13 to 27, 30 and 33 of the Consumer Protection (Northern Ireland) Order 198758 are revoked.
Control of Misleading Advertisements Regulations 198881
The Control of Misleading Advertisements Regulations 198859 are revoked.
Road Vehicles Lighting Regulations 198982
Regulation 10 of the Road Vehicles Lighting Regulations 198960 (provision as respects the Trade Descriptions Act 1968) is revoked.
Estate Agents (Specified Offences) (No. 2) Order 199183
1
The Schedule to the Estate Agents (Specified Offences) (No.2) Order 199161 (specified offences) is amended as follows.
2
Omit the entry for the Consumer Protection Act 1987.
3
Omit the entry for the Consumer Protection (Northern Ireland) Order 1987.
4
Immediately before the entry for the Property Misdescriptions Act 1991 insert—
Business Protection from Misleading Marketing Regulations 2008
Regulation 6
Regulation 25
Misleading advertisements
Obstruction of authorised officers
5
In the entry for the Trade Descriptions Act 1968—
a
in the column headed “Provision” omit “Section 1(1)”, “Section 13” and “Section 14(1)(b)”;
b
in the column headed “Description of Offence” omit “Applying false trade description in relation to goods”, “False representations as to supply of goods or services”, “False or misleading statements as to services etc”.
6
Add at the end—
Consumer Protection from Unfair Trading Regulations 2008
Regulation 8
Offences relating to unfair commercial practices
Regulation 9
Regulation 10
Regulation 11
Regulation 12
Regulation 23
Obstruction of authorised officers
Airports (Northern Ireland) Order 199484
In Article 49 of the Airports (Northern Ireland) Order 199462 (restriction on disclosure of information), in paragraph (3)—
a
omit sub-paragraph (l), and
b
after sub-paragraph (u) add—
v
the Business Protection from Misleading Marketing Regulations 2008;
w
the Consumer Protection from Unfair Trading Regulations 2008.
Motor Cycle Silencer and Exhaust Systems Regulations 199585
Regulation 7 of the Motor Cycle Silencer and Exhaust Systems Regulations 199563 (the Trade Descriptions Act 1968) is revoked.
Energy Information (Washing Machines) Regulations 199686
In Schedule 5 to the Energy Information (Washing Machines) Regulations 199664 (offences, enforcement and other matters), in paragraph 15(3)—
a
omit paragraph (i), and
b
after paragraph (h) insert—
k
any subordinate legislation made for the purpose of securing compliance with Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market;
l
any subordinate legislation made for the purpose of securing compliance with Directive 2006/114/EC of the European Parliament and of the Council of 12 December 2006 concerning misleading and comparative advertising.
Energy Information (Tumble Driers) Regulations 199687
In Schedule 5 to the Energy Information (Tumble Driers) Regulations 199665 (offences, enforcement and other matters), in paragraph 15(3)—
a
omit paragraph (i), and
b
after paragraph (h) insert—
k
any subordinate legislation made for the purpose of securing compliance with Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market;
l
any subordinate legislation made for the purpose of securing compliance with Directive 2006/114/EC of the European Parliament and of the Council of 12 December 2006 concerning misleading and comparative advertising.
Energy Information (Combined Washer-Driers) Regulations 199788
In Schedule 5 to the Energy Information (Combined Washer-Driers) Regulations 199766 (offences, enforcement and other matters), in paragraph 15(3)—
a
omit paragraph (i), and
b
after paragraph (h) insert—
k
any subordinate legislation made for the purpose of securing compliance with Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market;
l
any subordinate legislation made for the purpose of securing compliance with Directive 2006/114/EC of the European Parliament and of the Council of 12 December 2006 concerning misleading and comparative advertising.
Motor Cycles (Protective Helmets) Regulations 199889
In regulation 6 of the Motor Cycle (Protective Helmets) Regulations 199867 (saving for the Trade Descriptions Act 1968 and the Consumer Protection Act 1987) omit the words “the Trade Descriptions Act 1968 or”.
Motor Cycles (Protective Headgear) Regulations (Northern Ireland) 199990
In regulation 4 of the Motor Cycles (Protective Headgear) Regulations (Northern Ireland) 199968 (saving for the Trade Descriptions Act 1968, the Consumer Protection Act 1987 and the Consumer Protection (Northern Ireland) Order 1987) omit the words “the Trade Descriptions Act 1968”.
Motor Vehicles (Construction and Use) Regulations (Northern Ireland) 199991
Regulation 4 of the Motor Vehicles (Construction and Use) Regulations (Northern Ireland) 199969 (Trade Descriptions Act 1968) is revoked.
Energy Information (Lamps) Regulations 199992
In Schedule 4 to the Energy Information (Lamps) Regulations 199970 (offences, enforcement and other matters), in paragraph 12(3)—
a
omit paragraph (i), and
b
after paragraph (h) insert—
j
any subordinate legislation made for the purpose of securing compliance with Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market;
k
any subordinate legislation made for the purpose of securing compliance with Directive 2006/114/EC of the European Parliament and of the Council of 12 December 2006 concerning misleading and comparative advertising.
Energy Information (Dishwashers) Regulations 199993
In Schedule 5 to the Energy Information (Dishwashers) Regulations 199971 (offences, enforcement and other matters), in paragraph 12(3)—
a
omit paragraph (i), and
b
after paragraph (h) insert—
j
any subordinate legislation made for the purpose of securing compliance with Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market;
k
any subordinate legislation made for the purpose of securing compliance with Directive 2006/114/EC of the European Parliament and of the Council of 12 December 2006 concerning misleading and comparative advertising.
Road Vehicles Lighting Regulations (Northern Ireland) 200094
Regulation 12 of the Road Vehicles Lighting Regulations (Northern Ireland) 200072 is revoked.
Control of Misleading Advertisements (Amendment) Regulations 200095
The Control of Misleading Advertisements (Amendment) Regulations 200073 are revoked.
Consumer Protection (Distance Selling) Regulations 200096
In regulation 24 of the Consumer Protection (Distance Selling) Regulations 200074 (inertia selling) omit paragraphs (4), (5), (7), (8) and (9).
Sale and Supply of Goods to Consumers Regulations 200297
In regulation 15 of the Sale and Supply of Goods to Consumers Regulations 200275 (consumer guarantees), after paragraph (2), insert—
2A
The guarantor shall also ensure that the guarantee contains a statement that the consumer has statutory rights in relation to the goods which are sold or supplied and that those rights are not affected by the guarantee.
Energy (Northern Ireland) Order 200398
In Article 63 of the Energy (Northern Ireland) Order 200376 (general restrictions on disclosure of information), in paragraph (6)—
a
omit paragraph (m);
b
after paragraph (u) insert—
v
the Business Protection from Misleading Marketing Regulations 2008;
w
the Consumer Protection from Unfair Trading Regulations 2008.
Energy Information (Household Electric Ovens) Regulations 200399
In Schedule 6 to the Energy Information (Household Electric Ovens) Regulations 200377 (offences, enforcement and other matters), in paragraph 12(3)—
a
omit paragraph (i), and
b
after paragraph (h) insert—
j
any subordinate legislation made for the purpose of securing compliance with Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market;
k
any subordinate legislation made for the purpose of securing compliance with Directive 2006/114/EC of the European Parliament and of the Council of 12 December 2006 concerning misleading and comparative advertising.
Enterprise Act 2002 (Part 8 Community Infringements Specified UK Laws) Order 2003100
1
The Enterprise Act 2002 (Part 8 Community Infringements Specified UK Laws) Order 200378 is amended as follows.
2
In the Schedule (listed directives)—
a
omit the entry for Council Directive 84/450/EEC of 10th September 1984 relating to the approximation of the laws, regulations and administrative provisions of the Member States concerning misleading advertising;
b
in the entry in the column headed “Specified UK laws” in respect of Directive 1999/44/EC omit from sub-paragraph (iv) “and articles 4 and 5 of the Consumer Transactions (Restrictions on Statements) Order 1976 (consumer guarantees)”;
c
after the entry for Directive 2002/65/EC insert—
Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market
Consumer Protection from Unfair Trading Regulations 2008
Enterprise Act 2002 (Part 8 Notice to OFT of Intended Prosecution, Specified Enactments, Revocation and Transitional Provision) Order 2003101
1
In the Schedule to the Enterprise Act 2002 (Part 8 Notice to OFT of Intended Prosecution, Specified Enactments, Revocation and Transitional Provision) Order 200379 the table is amended as follows.
2
In the entry in the column headed “Extent of Specification” in respect of the Consumer Protection Act 198780 omit “and all offences under Part III (misleading price indications)”.
3
Omit the entry for the Fair Trading Act 197381.
4
Omit the entry for the Mock Auctions Act 196182.
5
After the entry for the Trade Marks Act 199483 insert—
Consumer Protection from Unfair Trading Regulations 2008.
All offences under those Regulations.
6
In the entry in the column headed “Extent of Specification” in respect of the Weights and Measures Act 198584 omit “29 misrepresentation”.
Enterprise Act 2002 (Part 8 Domestic Infringements) Order 2003102
1
The Enterprise Act 2002 (Part 8 Domestic Infringements) Order 200385 is amended as follows.
2
In the Schedule (specified acts or omissions)—
a
omit the entries for—
i
the Business Advertisements (Disclosure) Order 197786;
ii
the Consumer Protection Act 198787;
iii
the Consumer Transactions (Restrictions on Statements) Order 197688;
iv
the Control of Misleading Advertisements Regulations 198889;
v
the Mock Auctions Act 1961;
vi
the Consumer Protection (Northern Ireland) Order 198790;
b
in the column headed “Extent” in respect of the Weights and Measures Act 1985 omit “29 (misrepresentation),”;
c
in the column headed “Extent” in respect of the Weights and Measures (Northern Ireland) Order 1981, for the words “Articles 19(1) to (6)” to the end, substitute “Articles 19(1) to (6), 20, 22(1) and (3) to (9) (requirements to sell goods by particular quantities, short weight, quantity less than stated, incorrect statements, etc), 25(2) (offences due to default of third person) and 32(5) (possession for sale, etc, of inadequate regulated package).”
Enterprise Act 2002 (Part 9 Restrictions on Disclosure of Information) (Amendment and Specification) Order 2003103
1
The Enterprise Act 2002 (Part 9 Restrictions on Disclosure of Information) (Amendment and Specification) Order 200391 is amended as follows.
2
In Schedule 3—
a
omit the words “Control of Misleading Advertisements Regulations 1988”;
b
add after “General Product Safety Regulations 2005”—
Consumer Protection from Unfair Trading Regulations 2008.
Business Protection from Misleading Marketing Regulations 2008.
3
In Schedule 4—
a
omit the words “Control of Misleading Advertisements Regulations 1988”;
b
add after “Parts 2 and 3 of the Railways and Other Guided Transport Systems (Safety) Regulations 2006”—
Consumer Protection from Unfair Trading Regulations 2008.
Business Protection from Misleading Marketing Regulations 2008.
Price Marking (Food and Drink) Services Order 2003104
The Price Marking (Food and Drink) Services Order 200392 is revoked.
Control of Misleading Advertisements (Amendment) Regulations 2003105
The Control of Misleading Advertisements (Amendment) Regulations 200393 are revoked.
Price Marking (Food and Drink) Services Order (Northern Ireland) 2004106
The Price Marking (Food and Drink) Services Order (Northern Ireland) 200494 is revoked.
Energy Information (Household Refrigerators and Freezers) Regulations 2004107
In Schedule 6 to the Energy Information (Household Refrigerators and Freezers) Regulations 200495 (offences, enforcement and other matters), in paragraph 12(3)—
a
omit paragraph (h); and
b
after paragraph (g) insert—
i
any subordinate legislation made for the purpose of securing compliance with Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market;
j
any subordinate legislation made for the purpose of securing compliance with Directive 2006/114/EC of the European Parliament and of the Council of 12 December 2006 concerning misleading and comparative advertising.
Consumer Credit (Advertisements) Regulations 2004108
1
The Consumer Credit (Advertisements) Regulations 200496 are amended as follows.
2
In regulation 1(2) (citation, commencement and interpretation) omit the definitions of “hire advertisement” and of “hire payment”.
3
In regulation 2 (duty to comply) omit “or a hire advertisement”.
4
In regulation 3 (general requirements) omit “or hire advertisement”.
5
In regulation 4 (content of advertisements)—
a
in paragraph 1 omit “, and where a hire advertisement includes any of the amounts referred to in paragraph 4 or 5 of Schedule 3 to these Regulations,”;
b
in paragraph 2 omit “in the case of credit advertisement, and the items of information listed in Schedule 3 in the case of a hire advertisement,”;
c
in paragraph 3(b) omit “or hire advertisement, as the case may be,”.
6
In regulation 7 (security)—
a
in paragraph 1 omit “or hire advertisement”;
b
omit paragraph 5;
c
omit paragraph 7;
d
in paragraph 8 for “Paragraphs (2)-(7)” substitute “Paragraphs (2), (3), (4) and (6)”.
7
In regulation 9(2) (restrictions on certain expressions in credit advertisements) omit “, and a hire advertisement shall not include in relation to any hire payment,”.
8
Omit Schedule 3.
Contracting Out (Functions relating to Broadcast Advertising) and Specification of Relevant Functions Order 2004109
1
The Contracting Out (Functions relating to Broadcast Advertising) and Specification of Relevant Functions Order 200497 is amended as follows.
2
In article 2 (interpretation), in paragraph (1), omit the definition of “the 1988 Regulations”.
3
Omit article 6.
4
In article 8 (exercise of functions by an authorised person), in paragraph (3), omit sub-paragraph (e) and the “and” preceding it.
Financial Services (Distance Marketing) Regulations 2004110
1
The Financial Services (Distance Marketing) Regulations 200498 are amended as follows.
2
In regulation 15 (unsolicited services) omit paragraphs (2), (3), (5), (6) and (7).
3
In regulation 22 (offences)—
a
in paragraph (2) omit “, or under regulation 15(2) or (3),”;
b
in paragraph (4) omit “, or under regulation 15(2) or (3),”;
c
in paragraph (5) omit “or under regulation 15(2) or (3),”.
Duty Stamps Regulations 2006111
In regulation 10 of the Duty Stamps Regulations 200699 (disqualification from being registered), in paragraph (7)(b)—
a
after “Forgery and Counterfeiting Act 1981” insert—
an offence under regulation 6 of the Business Protection from Misleading Marketing Regulations 2008 (but only if the goods to which the advertising in question related were, or included, dutiable alcoholic liquor);
b
at the end add—
an offence under regulation 8, 9, 10, 11 or 12 of the Consumer Protection from Unfair Trading Regulations 2008 (but only if the product to which the unfair commercial practice related was, or included, dutiable alcoholic liquor);
The Water and Sewerage Services (Northern Ireland) Order 2006112
In Article 265 of the Water and Sewerage Services (Northern Ireland) Order 2006100 (restriction on disclosure of information), in paragraph (5)—
a
omit sub-paragraph (h);
b
after sub-paragraph (q) add—
r
the Business Protection from Misleading Marketing Regulations 2008;
s
the Consumer Protection from Unfair Trading Regulations 2008.
Enterprise Act 2002 (Part 8 Community Infringements Specified UK Laws) Order 2006113
Licensing (Relevant Offences) (Scotland) Regulations 2007114
In the Schedule to the Licensing (Relevant Offences) (Scotland) Regulations 2007102 (relevant offences), at the end insert—
45
An offence under regulation 6 of the Business Protection from Misleading Marketing Regulations 2008 (offence of misleading advertising) in circumstances where the advertising in question relates to alcohol or to goods that include alcohol.
46
An offence under regulation 8, 9, 10, 11 or 12 of the Consumer Protection from Unfair Trading Regulations 2008 (offences relating to unfair commercial practices) in circumstances where the commercial practice in question is directly connected with the promotion, sale or supply of alcohol or of a product that includes alcohol.
Legislative and Regulatory Reform (Regulatory Functions) Order 2007115
1
In the Schedule to the Legislative and Regulatory Reform (Regulatory Functions) Order 2007103, Part 3 is amended as follows.
2
In the heading “Consumer and business protection”—
a
omit the words “Textile Products (Determination of Composition) Regulations 2006”;
b
after the entry for the Electromagnetic Compatibility Regulations 2006104 insert—
Textile Products (Determination of Composition) Regulations 2008
Business Protection from Misleading Marketing Regulations 2008
Consumer Protection from Unfair Trading Regulations 2008.