The Consumer Protection from Unfair Trading Regulations 2008

PART 2 U.K. Amendments to other legislation

Tourism (Sleeping Accommodation Price Display) Order 1977 U.K.

76.  The Tourism (Sleeping Accommodation Price Display) Order 1977 M1 is revoked.

Marginal Citations

M1 S.I.1977/1877, amended by S.I. 1985/1778.

Weights and Measures (Northern Ireland) Order 1981 U.K.

77.  Article 22(2) of the Weights and Measures (Northern Ireland) Order 1981 M2 is revoked.

Marginal Citations

M2 S.I. 1981/231 (N.I.10) to which there are amendments not relevant to these Regulations..

Road Vehicles (Construction and Use) Regulations 1986 U.K.

78.  Regulation 5 of the Road Vehicles (Construction and Use) Regulations 1986 M3 (Trade Descriptions Act 1968) is revoked.

Marginal Citations

M3 S.I. 1986/1078, to which there are amendments not relevant to these Regulations.

The Companies (Northern Ireland) Order 1986 U.K.

79.  In Schedule 15D M4 (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.”.

Marginal Citations

M4 S.I. 1986/1032 (N.I.6), amended by S.I. 2005/1967 (N.I.17).

Consumer Protection (Northern Ireland) Order 1987 U.K.

80.  Articles 13 to 27, 30 and 33 of the Consumer Protection (Northern Ireland) Order 1987 M5 are revoked.

Marginal Citations

M5 S.I. 1987/2049 (N.I.20).

Control of Misleading Advertisements Regulations 1988 U.K.

81.  The Control of Misleading Advertisements Regulations 1988 M6 are revoked.

Marginal Citations

M6 S.I. 1988/915, amended by S.I. 2000/914, 2003/3183.

Road Vehicles Lighting Regulations 1989 U.K.

82.  Regulation 10 of the Road Vehicles Lighting Regulations 1989 M7 (provision as respects the Trade Descriptions Act 1968) is revoked.

Marginal Citations

M7 S.I. 1989/1796, to which there are amendments not relevant to these Regulations..

Estate Agents (Specified Offences) (No. 2) Order 1991 U.K.

83.—(1) The Schedule to the Estate Agents (Specified Offences) (No.2) Order 1991 M8 (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”

Marginal Citations

M8 S.I. 1991/1091, amended by S.I. 1992/2833; there are other amending instruments but none is relevant.

Airports (Northern Ireland) Order 1994 U.K.

84.  In Article 49 of the Airports (Northern Ireland) Order 1994 M9 (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.”.

Marginal Citations

M9 S.I. 1994/426 (N.I.1).

Motor Cycle Silencer and Exhaust Systems Regulations 1995 U.K.

85.  Regulation 7 of the Motor Cycle Silencer and Exhaust Systems Regulations 1995 M10 (the Trade Descriptions Act 1968) is revoked.

Marginal Citations

M10 S.I. 1995/2370.

Energy Information (Washing Machines) Regulations 1996 U.K.

86.  In Schedule 5 to the Energy Information (Washing Machines) Regulations 1996 M11 (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.”.

Marginal Citations

M11 S.I. 1996/600, amended by S.I. 2001/3142; there are other amending instruments but none is relevant.

Energy Information (Tumble Driers) Regulations 1996 U.K.

87.  In Schedule 5 to the Energy Information (Tumble Driers) Regulations 1996 M12 (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.”.

Marginal Citations

M12 S.I. 1996/601, amended by S.I. 2001/3142; there are other amending instruments but none is relevant.

Energy Information (Combined Washer-Driers) Regulations 1997 U.K.

88.  In Schedule 5 to the Energy Information (Combined Washer-Driers) Regulations 1997 M13 (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.”.

Marginal Citations

M13 S.I. 1997/1624, amended by S.I. 2001/3142; there are other amending instruments but none is relevant.

Motor Cycles (Protective Helmets) Regulations 1998 U.K.

89.  In regulation 6 of the Motor Cycle (Protective Helmets) Regulations 1998 M14 (saving for the Trade Descriptions Act 1968 and the Consumer Protection Act 1987) omit the words “the Trade Descriptions Act 1968 or”.

Marginal Citations

M14 S.I. 1998/1807, to which there are amendments not relevant to these Regulations.

Motor Cycles (Protective Headgear) Regulations (Northern Ireland) 1999 U.K.

90.  In regulation 4 of the Motor Cycles (Protective Headgear) Regulations (Northern Ireland) 1999 M15 (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”.

Marginal Citations

M15 S.R. (NI) 1999 No 170.

Motor Vehicles (Construction and Use) Regulations (Northern Ireland) 1999 U.K.

91.  Regulation 4 of the Motor Vehicles (Construction and Use) Regulations (Northern Ireland) 1999 M16 (Trade Descriptions Act 1968) is revoked.

Marginal Citations

M16 S.R. (NI) 1999 No 454, to which there are amendments not relevant to these Regulations.

Energy Information (Lamps) Regulations 1999 U.K.

92.  In Schedule 4 to the Energy Information (Lamps) Regulations 1999 M17 (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.”.

Marginal Citations

M17 S.I. 1999/1517, to which there are amendments not relevant to these Regulations..

Energy Information (Dishwashers) Regulations 1999 U.K.

93.  In Schedule 5 to the Energy Information (Dishwashers) Regulations 1999 M18 (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.”.

Marginal Citations

M18 S.I. 1999/1676, to which there are amendments not relevant to these Regulations.

Road Vehicles Lighting Regulations (Northern Ireland) 2000 U.K.

94.  Regulation 12 of the Road Vehicles Lighting Regulations (Northern Ireland) 2000 M19 is revoked.

Marginal Citations

M19 S.R. (NI) 2000 No 169 to which there are amendments not relevant to these Regulations.

Control of Misleading Advertisements (Amendment) Regulations 2000 U.K.

95.  The Control of Misleading Advertisements (Amendment) Regulations 2000 M20 are revoked.

Marginal Citations

M20 S.I. 2000/914.

Consumer Protection (Distance Selling) Regulations 2000 U.K.

96.  In regulation 24 of the Consumer Protection (Distance Selling) Regulations 2000 M21 (inertia selling) omit paragraphs (4), (5), (7), (8) and (9).

Marginal Citations

M21 S.I. 2000/2334, amended by S.I. 2005/55; there are other amending instruments but none is relevant.

Sale and Supply of Goods to Consumers Regulations 2002 U.K.

97.  In regulation 15 of the Sale and Supply of Goods to Consumers Regulations 2002 M22 (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.”.

Marginal Citations

M22 S.I. 2002/3045.

Energy (Northern Ireland) Order 2003 U.K.

98.  In Article 63 of the Energy (Northern Ireland) Order 2003 M23 (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.”.

Marginal Citations

M23 S.I. 2003/419 (N.I. 6).

Energy Information (Household Electric Ovens) Regulations 2003 U.K.

99.  In Schedule 6 to the Energy Information (Household Electric Ovens) Regulations 2003 M24 (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.”.

Marginal Citations

M24 S.I. 2003/751.

Enterprise Act 2002 (Part 8 Community Infringements Specified UK Laws) Order 2003 U.K.

100.—(1) The Enterprise Act 2002 (Part 8 Community Infringements Specified UK Laws) Order 2003 M25 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”.

Marginal Citations

M25 S.I. 2003/1374, amended by S.I. 2004/2095; there are other amending instruments but none is relevant.

Enterprise Act 2002 (Part 8 Notice to OFT of Intended Prosecution, Specified Enactments, Revocation and Transitional Provision) Order 2003 U.K.

101.—(1) In the Schedule to the Enterprise Act 2002 (Part 8 Notice to OFT of Intended Prosecution, Specified Enactments, Revocation and Transitional Provision) Order 2003 M26 the table is amended as follows.

(2) In the entry in the column headed “Extent of Specification” in respect of the Consumer Protection Act 1987 M27 omit “and all offences under Part III (misleading price indications)”.

(3) Omit the entry for the Fair Trading Act 1973 M28 .

(4) Omit the entry for the Mock Auctions Act 1961 M29 .

(5) After the entry for the Trade Marks Act 1994 M30 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 1985 M31 omit “29 misrepresentation”.

Marginal Citations

M26 S.I. 2003/1376, to which there are amendments not relevant to these Regulations.

M27 1987 c.43.

M28 1973 c.41

M29 1987 c.47.

M30 1994 c.26.

M31 1985 c.72.

Enterprise Act 2002 (Part 8 Domestic Infringements) Order 2003 U.K.

102.—(1) The Enterprise Act 2002 (Part 8 Domestic Infringements) Order 2003 M32 is amended as follows.

(2) In the Schedule (specified acts or omissions)—

(a) omit the entries for—

(i) the Business Advertisements (Disclosure) Order 1977 M33 ;

(ii) the Consumer Protection Act 1987 M34 ;

(iii) the Consumer Transactions (Restrictions on Statements) Order 1976 M35 ;

(iv) the Control of Misleading Advertisements Regulations 1988 M36 ;

(v) the Mock Auctions Act 1961;

(vi) the Consumer Protection (Northern Ireland) Order 1987 M37 ;

(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). ”

Marginal Citations

M32 S.I. 2003/1593.

M33 S.I. 1977/1918.

M34 1987 c.43.

M35 S.I. 1976/1813.

M36 S.I. 1988/915.

M37 S.I. 1987/2049 (N.I.20).

Enterprise Act 2002 (Part 9 Restrictions on Disclosure of Information) (Amendment and Specification) Order 2003 U.K.

103.—(1) The Enterprise Act 2002 (Part 9 Restrictions on Disclosure of Information) (Amendment and Specification) Order 2003 M38 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.”.

Marginal Citations

M38 S.I. 2003/1400; relevant amending instruments are S.I. 2005/1803, 2006/1057.

Price Marking (Food and Drink) Services Order 2003 U.K.

104.  The Price Marking (Food and Drink) Services Order 2003 M39 is revoked.

Marginal Citations

M39 S.I. 2003/2253.

Control of Misleading Advertisements (Amendment) Regulations 2003 U.K.

105.  The Control of Misleading Advertisements (Amendment) Regulations 2003 M40 are revoked.

Marginal Citations

M40 S.I. 2003/3183.

Price Marking (Food and Drink) Services Order (Northern Ireland) 2004 U.K.

106.  The Price Marking (Food and Drink) Services Order (Northern Ireland) 2004 M41 is revoked.

Marginal Citations

M41 S.R. (NI) 2004 No 369.

Energy Information (Household Refrigerators and Freezers) Regulations 2004 U.K.

107.  In Schedule 6 to the Energy Information (Household Refrigerators and Freezers) Regulations 2004 M42 (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.”.

Marginal Citations

M42 S.I. 2004/1468.

Consumer Credit (Advertisements) Regulations 2004 U.K.

108.—(1) The Consumer Credit (Advertisements) Regulations 2004 M43 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.

Marginal Citations

M43 S.I. 2004/1484, amended by S.I. 2004/2619.

Contracting Out (Functions relating to Broadcast Advertising) and Specification of Relevant Functions Order 2004 U.K.

109.—(1) The Contracting Out (Functions relating to Broadcast Advertising) and Specification of Relevant Functions Order 2004 M44 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.

Marginal Citations

M44 S.I. 2004/1975.

Financial Services (Distance Marketing) Regulations 2004 U.K.

110.—(1) The Financial Services (Distance Marketing) Regulations 2004 M45 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),”.

Marginal Citations

M45 S.I. 2004/2095.

Duty Stamps Regulations 2006 U.K.

111.  In regulation 10 of the Duty Stamps Regulations 2006 M46 (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);”.

Marginal Citations

M46 S.I. 2006/202.

The Water and Sewerage Services (Northern Ireland) Order 2006 U.K.

112.  In Article 265 of the Water and Sewerage Services (Northern Ireland) Order 2006 M47 (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.”.

Marginal Citations

M47 S.I. 2006/3336 (N.I.21).

Enterprise Act 2002 (Part 8 Community Infringements Specified UK Laws) Order 2006 U.K.

113.  In the Schedule to the Enterprise Act 2002 (Part 8 Community Infringements Specified UK Laws) Order 2006 M48 (listed Directives and Regulation) omit the entry for Directive 97/55/EC of the European Parliament and of the Council of 6 October 1997.

Marginal Citations

M48 S.I. 2006/3372.

Licensing (Relevant Offences) (Scotland) Regulations 2007 U.K.

114.  In the Schedule to the Licensing (Relevant Offences) (Scotland) Regulations 2007 M49 (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.”.

Marginal Citations

M49 S.S.I. 2007/513.

Legislative and Regulatory Reform (Regulatory Functions) Order 2007 U.K.

115.—(1) In the Schedule to the Legislative and Regulatory Reform (Regulatory Functions) Order 2007 M50 , 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 2006 M51 insert—

“Textile Products (Determination of Composition) Regulations 2008

Business Protection from Misleading Marketing Regulations 2008

Consumer Protection from Unfair Trading Regulations 2008.”.

Marginal Citations

M50 S.I. 2007/3544.

M51 S.I. 2006/3418.