SCHEDULE 1Commercial practices which are in all circumstances considered unfair
1
Claiming to be a signatory to a code of conduct when the trader is not.
2
Displaying a trust mark, quality mark or equivalent without having obtained the necessary authorisation.
3
Claiming that a code of conduct has an endorsement from a public or other body which it does not have.
4
Claiming that a trader (including his commercial practices) or a product has been approved, endorsed or authorised by a public or private body when the trader, the commercial practices or the product have not or making such a claim without complying with the terms of the approval, endorsement or authorisation.
5
Making an invitation to purchase products at a specified price without disclosing the existence of any reasonable grounds the trader may have for believing that he will not be able to offer for supply, or to procure another trader to supply, those products or equivalent products at that price for a period that is, and in quantities that are, reasonable having regard to the product, the scale of advertising of the product and the price offered (bait advertising).
6
Making an invitation to purchase products at a specified price and then—
a
refusing to show the advertised item to consumers,
b
refusing to take orders for it or deliver it within a reasonable time, or
c
demonstrating a defective sample of it,
with the intention of promoting a different product (bait and switch).
7
Falsely stating that a product will only be available for a very limited time, or that it will only be available on particular terms for a very limited time, in order to elicit an immediate decision and deprive consumers of sufficient opportunity or time to make an informed choice.
8
Undertaking to provide after-sales service to consumers with whom the trader has communicated prior to a transaction in a language which is not F5English (in the case of a trader located in the United Kingdom) or not an official language of the EEA State where the trader is located and then making such service available only in another language without clearly disclosing this to the consumer before the consumer is committed to the transaction.
9
Stating or otherwise creating the impression that a product can legally be sold when it cannot.
10
Presenting rights given to consumers in law as a distinctive feature of the trader's offer.
11
Using editorial content in the media to promote a product where a trader has paid for the promotion without making that clear in the content or by images or sounds clearly identifiable by the consumer (advertorial).
12
Making a materially inaccurate claim concerning the nature and extent of the risk to the personal security of the consumer or his family if the consumer does not purchase the product.
13
Promoting a product similar to a product made by a particular manufacturer in such a manner as deliberately to mislead the consumer into believing that the product is made by that same manufacturer when it is not.
14
Establishing, operating or promoting a pyramid promotional scheme where a consumer gives consideration for the opportunity to receive compensation that is derived primarily from the introduction of other consumers into the scheme rather than from the sale or consumption of products.
15
Claiming that the trader is about to cease trading or move premises when he is not.
16
Claiming that products are able to facilitate winning in games of chance.
17
Falsely claiming that a product is able to cure illnesses, dysfunction or malformations.
18
Passing on materially inaccurate information on market conditions or on the possibility of finding the product with the intention of inducing the consumer to acquire the product at conditions less favourable than normal market conditions.
19
Claiming in a commercial practice to offer a competition or prize promotion without awarding the prizes described or a reasonable equivalent.
20
Describing a product as ‘gratis’, ‘free’, ‘without charge’ or similar if the consumer has to pay anything other than the unavoidable cost of responding to the commercial practice and collecting or paying for delivery of the item.
21
Including in marketing material an invoice or similar document seeking payment which gives the consumer the impression that he has already ordered the marketed product when he has not.
22
Falsely claiming or creating the impression that the trader is not acting for purposes relating to his trade, business, craft or profession, or falsely representing oneself as a consumer.
23
Creating the false impression that after-sales service in relation to a product is available in F6the United Kingdom (if the product is sold there) or in an EEA State other than the one in which the product is sold.
24
Creating the impression that the consumer cannot leave the premises until a contract is formed.
25
Conducting personal visits to the consumer's home ignoring the consumer's request to leave or not to return, except in circumstances and to the extent justified to enforce a contractual obligation.
26
Making persistent and unwanted solicitations by telephone, fax, e-mail or other remote media except in circumstances and to the extent justified to enforce a contractual obligation.
27
Requiring a consumer who wishes to claim on an insurance policy to produce documents which could not reasonably be considered relevant as to whether the claim was valid, or failing systematically to respond to pertinent correspondence, in order to dissuade a consumer from exercising his contractual rights.
28
Including in an advertisement a direct exhortation to children to buy advertised products or persuade their parents or other adults to buy advertised products for them.
29
Demanding immediate or deferred payment for or the return or safekeeping of products supplied by the trader, but not solicited by the consumer F4...
30
Explicitly informing a consumer that if he does not buy the product or service, the trader's job or livelihood will be in jeopardy.
31
Creating the false impression that the consumer has already won, will win, or will on doing a particular act win, a prize or other equivalent benefit, when in fact either—
a
there is no prize or other equivalent benefit, or
b
taking any action in relation to claiming the prize or other equivalent benefit is subject to the consumer paying money or incurring a cost.
SCHEDULE 2Amendments
PART 1Amendments to Acts
Anglo-Portuguese Commercial Treaty Act 19141
In section 1 of the Anglo-Portuguese Commercial Treaty Act 1914 M1 (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 1916 M2 (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 1951 M3 shall cease to have effect.
Trading Representations (Disabled Persons) Act 19584
The Trading Representations (Disabled Persons) Act 1958 M4 shall cease to have effect.
Trading Representations (Disabled Persons) Act (Northern Ireland) 19585
The Trading Representations (Disabled Persons) Act (Northern Ireland) 1958 M5 shall cease to have effect.
Mock Auctions Act 19616
The Mock Auctions Act 1961 M6 shall cease to have effect.
Trade Descriptions Act 19687
The Trade Descriptions Act 1968 M7 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 1970 M8 (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 1972 M9 (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 1973 M10 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 1973 M11 (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 197417
The Consumer Credit Act 1974 M12 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 1984 M13 (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 1985 M14 (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 1985 M15 (misrepresentation) shall cease to have effect.
Airports Act 198632
In section 74 of the Airports Act 1986 M16 (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 198733
The Consumer Protection Act 1987 M17 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 1987 M18 (control of occasional sales), subsections (6) and (7) shall cease to have effect.
Copyright, Designs and Patents Act 198839
The Copyright, Designs and Patents Act 1988 M19 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 1988 M20 (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 1989 M21 (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 1990 M22 (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 1991 M23 (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 1991 M24 (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 1991 M25 (control of occasional sales), subsections (6) and (7) shall cease to have effect.
Railways Act 199352
In section 145 of the Railways Act 1993 M26 (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 199453
The Trade Marks Act 1994 M27 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 1994 M28 (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 1996 M29 (display of names, etc) shall cease to have effect.
Greater London Authority Act 199959
In section 235 of the Greater London Authority Act 1999 M30 (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 2000F160
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Utilities Act 200061
In section 105 of the Utilities Act 2000 M31 (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 2000 M32 (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 2001F263
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F264
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F265
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Kent County Council Act 200166
Section 13 of the Kent County Council Act 2001 M33 (display of name and address) shall cease to have effect.
Medway Council Act 200167
Section 13 of the Medway Council Act 2001 M34 (display of name and address) shall cease to have effect.
Enterprise Act 200268
The Enterprise Act 2002 M35 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 2003 M36 (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 2003 M37 (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 2003 M38 (display of name and address) shall cease to have effect.
Wireless Telegraphy Act 200674
In section 111 of the Wireless Telegraphy Act 2006 M39 (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 2006 M40 (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 1977 M41 is revoked.
Weights and Measures (Northern Ireland) Order 198177
Article 22(2) of the Weights and Measures (Northern Ireland) Order 1981 M42 is revoked.
Road Vehicles (Construction and Use) Regulations 198678
Regulation 5 of the Road Vehicles (Construction and Use) Regulations 1986 M43 (Trade Descriptions Act 1968) is revoked.
The Companies (Northern Ireland) Order 198679
In Schedule 15D M44 (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 1987 M45 are revoked.
Control of Misleading Advertisements Regulations 198881
The Control of Misleading Advertisements Regulations 1988 M46 are revoked.
Road Vehicles Lighting Regulations 198982
Regulation 10 of the Road Vehicles Lighting Regulations 1989 M47 (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 1991 M48 (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 1994 M49 (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 1995 M50 (the Trade Descriptions Act 1968) is revoked.
Energy Information (Washing Machines) Regulations 199686
In Schedule 5 to the Energy Information (Washing Machines) Regulations 1996 M51 (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 1996 M52 (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 1997 M53 (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 1998 M54 (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) 1999 M55 (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) 1999 M56 (Trade Descriptions Act 1968) is revoked.
Energy Information (Lamps) Regulations 199992
In Schedule 4 to the Energy Information (Lamps) Regulations 1999 M57 (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 1999 M58 (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) 2000 M59 is revoked.
Control of Misleading Advertisements (Amendment) Regulations 200095
The Control of Misleading Advertisements (Amendment) Regulations 2000 M60 are revoked.
Consumer Protection (Distance Selling) Regulations 200096
In regulation 24 of the Consumer Protection (Distance Selling) Regulations 2000 M61 (inertia selling) omit paragraphs (4), (5), (7), (8) and (9).
Sale and Supply of Goods to Consumers Regulations 2002F397
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Energy (Northern Ireland) Order 200398
In Article 63 of the Energy (Northern Ireland) Order 2003 M62 (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 2003 M63 (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 2003 M64 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 2003 M65 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 M66 omit “and all offences under Part III (misleading price indications)”.
3
Omit the entry for the Fair Trading Act 1973 M67.
4
Omit the entry for the Mock Auctions Act 1961 M68.
5
After the entry for the Trade Marks Act 1994 M69 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 M70 omit “29 misrepresentation”.
Enterprise Act 2002 (Part 8 Domestic Infringements) Order 2003102
1
The Enterprise Act 2002 (Part 8 Domestic Infringements) Order 2003 M71 is amended as follows.
2
In the Schedule (specified acts or omissions)—
a
omit the entries for—
i
the Business Advertisements (Disclosure) Order 1977 M72;
ii
the Consumer Protection Act 1987 M73;
iii
the Consumer Transactions (Restrictions on Statements) Order 1976 M74;
iv
the Control of Misleading Advertisements Regulations 1988 M75;
v
the Mock Auctions Act 1961;
vi
the Consumer Protection (Northern Ireland) Order 1987 M76;
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 2003 M77 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 2003 M78 is revoked.
Control of Misleading Advertisements (Amendment) Regulations 2003105
The Control of Misleading Advertisements (Amendment) Regulations 2003 M79 are revoked.
Price Marking (Food and Drink) Services Order (Northern Ireland) 2004106
The Price Marking (Food and Drink) Services Order (Northern Ireland) 2004 M80 is revoked.
Energy Information (Household Refrigerators and Freezers) Regulations 2004107
In Schedule 6 to the Energy Information (Household Refrigerators and Freezers) Regulations 2004 M81 (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 2004 M82 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 2004 M83 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 2004 M84 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 2006 M85 (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 2006 M86 (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 2007 M88 (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 2007 M89, 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 M90 insert—
Textile Products (Determination of Composition) Regulations 2008
Business Protection from Misleading Marketing Regulations 2008
Consumer Protection from Unfair Trading Regulations 2008.
SCHEDULE 3Transitional and Saving Provisions
Trade Descriptions Act 19681
Notwithstanding the repeal by these Regulations of section 5 of the Trade Descriptions Act 1968—
a
section 5(3) shall continue to apply for the purposes of section 1(8) of the Hallmarking Act 1973 M91 as it applied before that repeal, and
b
section 5 shall continue to apply for the purposes of regulation 8(1) of the Crystal Glass (Descriptions) Regulations 1973 M92 as it applied before that repeal.
2
The repeal of section 19(4)(b) and (c) of the Trade Descriptions Act 1968 shall not have effect in relation to the references to section 19 in—
a
regulation 8(2) of the Crystal Glass (Descriptions) Regulations 1973;
b
regulation 11(1) of the Textile Products (Indications of Fibre Content) Regulations 1986 M93;
c
regulation 4(1) of the Electro-medical Equipment (EEC Requirements) Regulations 1988 M94; and
d
regulation 10(1) of the Footwear (Indication of Composition) Labelling Regulations 1995 M95.
3
The repeal of section 24(3) of the Trade Descriptions Act 1968 shall not have effect in relation to the references to section 24 in—
a
regulation 8(2) of the Crystal Glass (Descriptions) Regulations 1973;
b
regulation 11(1) of the Textile Products (Indications of Fibre Content) Regulations 1986;
c
regulation 4(1) of the Electro-medical Equipment (EEC Requirements) Regulations 1988; and
d
regulation 10(1) of the Footwear (Indication of Composition) Labelling Regulations 1995.
4
Notwithstanding the repeal by these Regulations of section 39(2) of the Trade Descriptions Act 1968, that subsection shall continue to apply for the purposes of section 1 of the Hallmarking Act 1973 as it applied before that repeal.
Application of the Consumer Protection Act 1987 to the Price Indications (Bureaux de Change) (No. 2) Regulations 19925
1
Despite the repeal by these Regulations of section 26 of the Consumer Protection Act 1987, the Price Indications (Bureaux de Change) (No. 2) Regulations 1992 M96 shall continue in force, and that section shall continue to have effect as it had effect immediately before the coming into force of these Regulations for the purposes of amending or revoking those Regulations.
2
Where these Regulations repeal a provision of the Consumer Protection Act 1987 that, immediately before the coming into force of these Regulations, was applied by the Price Indications (Bureaux de Change) (No. 2) Regulations 1992 to an offence under those Regulations, that provision shall continue to apply to that offence as it applied immediately before the coming into force of these Regulations, notwithstanding that repeal.
6
Notwithstanding the repeals and amendments made by these Regulations to the provisions of Parts 4 and 5 of the Consumer Protection Act 1987 those provisions shall continue to apply in relation to the Price Indications (Bureaux de Change) (No. 2) Regulations 1992 as they applied before the coming into force of these Regulations.
Application of the Consumer Protection (Northern Ireland) Order 1987 to the Price Indications (Bureaux de Change) Regulations (Northern Ireland) 19927
1
Despite the repeal by these Regulations of Article 19 of the Consumer Protection (Northern Ireland) Order 1987 M97, the Price Indications (Bureaux de Change) Regulations (Northern Ireland) 1992 M98 shall continue in force, and that Article shall continue to have effect as it had effect immediately before the coming into force of these Regulations for the purpose of amending or revoking those Regulations.
2
Where these Regulations repeal a provision of the Consumer Protection (Northern Ireland) Order 1987 that, immediately before the coming into force of these Regulations, was applied by the Price Indications (Bureaux de Change) Regulations (Northern Ireland) 1992 to an offence under that Order, that provision shall continue to apply to that offence as it applied immediately before the coming into force of these Regulations, notwithstanding that repeal.
8
Notwithstanding the repeals and amendments made by these Regulations to the provisions of Parts IV and V of the Consumer Protection (Northern Ireland) Order 1987 those provisions shall continue to apply in relation to the Price Indications (Bureaux de Change) Regulations (Northern Ireland) 1992 as they applied before the coming into force of these Regulations.
Enterprise Act 2002 (Part 8 Notice to OFT of Intended Prosecution, Specified Enactments, Revocation and Transitional Provision) Order 20039
1
This paragraph applies to offences under the following provisions—
a
Part 3 of the Consumer Protection Act 1987 M99;
b
section 23 of the Fair Trading Act 1973 M100;
c
the Mock Auctions Act 1961;
d
section 29 of the Weights and Measures Act 1985 M101.
2
Notwithstanding the omission of the references to these provisions in the Enterprise Act 2002 (Part 8 Notice to OFT of Intended Prosecution, Specified Enactments, Revocation and Transitional Provision) Order 2003 M102 by these Regulations section 230 of the Enterprise Act 2002 shall continue to apply in relation to an intention by a local weights and measures authority in England and Wales to start proceedings for an offence to which paragraph (1) applies.
10
Notwithstanding the amendments made by these Regulations to the Enterprise Act 2002 (Part 8 Notice to OFT of Intended Prosecution, Specified Enactments, Revocation and Transitional Provision) Order 2003 that Order shall continue to apply in relation to the Price Indications (Bureaux de Change) (No. 2) Regulations 1992 as it applied before the coming into force of these Regulations.
Enterprise Act 2002 (Part 8 Domestic Infringements) Order 200311
1
This paragraph applies to an act or omission which immediately before the date on which these Regulations come into force is a domestic infringement under section 211 of the Enterprise Act 2002 in respect of the provisions of—
a
the Business Advertisements (Disclosure) Order 1977 M103;
b
Part 3 of the Consumer Protection Act 1987 M104;
c
Part III of the Consumer Protection (Northern Ireland) Order 1987;
d
the Consumer Transactions (Restrictions on Statements) Order 1976 M105;
e
the Control of Misleading Advertisements Regulations 1988 M106;
f
the Mock Auctions Act 1961 M107;
g
section 29 of the Weights and Measures Act 1985 M108;
h
Article 22(2) of the Weights and Measures (Northern Ireland) Order 1981 M109.
2
Notwithstanding the omission of the references to these provisions in the Enterprise Act 2002 (Part 8 Domestic Infringements) Order 2003 M110 by these Regulations an act or omission to which paragraph (1) applies shall continue to be a domestic infringement.
12
Notwithstanding the amendments made by these Regulations to the Enterprise Act 2002 (Part 8 Domestic Infringements) Order 2003 that Order shall continue to apply in relation to the Price Indications (Bureaux de Change) (No. 2) Regulations 1992 M111 as it applied before the coming into force of these Regulations.
Enterprise Act 2002 (Part 8 Community Infringements Specified UK Laws) Order 200313
1
This paragraph applies to an act or omission which immediately before the date on which these Regulations come into force is a Community infringement under section 212 of the Enterprise Act 2002 M112 by contravening the provisions of—
a
Council Directive 84/450/EEC of 10 September 1984 relating to the approximation of the laws, regulations and administrative provisions of the Member States concerning misleading advertising M113;
b
the Control of Misleading Advertisements Regulations 1988 except regulation 4A (comparative advertisements); or
c
regulation 4 or 5 of the Consumer Transactions (Restrictions on Statements) Order 1976 M114.
2
Notwithstanding the omission of the references to these provisions in the Enterprise Act 2002 (Part 8 Community Infringements Specified UK Laws) Order 2003 by these Regulations an act or omission to which paragraph (1) applies shall continue to be a Community infringement.
Enterprise Act 2002 (Part 8 Community Infringements Specified UK Laws) Order 200614
1
This paragraph applies to an act or omission which immediately before the date on which these Regulations come into force is a Community infringement under section 212 of the Enterprise Act 2002 by contravening the provisions of—
a
Directive 97/55/EC of the European Parliament and of the Council of 6 October 1997 amending Directive 84/450/EEC concerning misleading advertising so as to include comparative advertising M115; or
b
regulation 4A of the Control of Misleading Advertisements Regulations 1988.
2
Notwithstanding the omission of the reference to these provisions in the Enterprise Act 2002 (Part 8 Community Infringements Specified UK Laws) Order 2006 M116 by these Regulations an act or omission to which paragraph (1) applies shall continue to be a Community infringement.
Disclosure of information15
1
This paragraph applies in relation to information which immediately before the date on which these Regulations come into force was subject to the provisions of any enactment which permitted the disclosure of information for the purposes of any function under, or proceedings brought under or by virtue of—
a
the Control of Misleading Advertisements Regulations 1988; or
b
Part 2 of the Fair Trading Act 1973.
2
Notwithstanding the repeal of such provisions by these Regulations such disclosure shall continue to be permitted.
SCHEDULE 4Repeals and Revocations
PART 1Repeals
Short title | Chapter | Extent of repeal | ||
|---|---|---|---|---|
Anglo-Portuguese Commercial Treaty Act 1914 | c.1 | In section 1, the words from “Provided that” to the end. | ||
Anglo-Portuguese Commercial Treaty Act 1916 | c.39 | In section 1(1), the words from “Provided that” to the end. | ||
Agricultural Produce (Grading and Marking) Act 1928 | c.19 | In section 4(2), the words “or an order under section 8 of the Trade Descriptions Act 1968”. | ||
Fraudulent Mediums Act 1951 | c.33 | The whole Act. | ||
Trading Representations (Disabled Persons) Act 1958 | c.49 | The whole Act. | ||
The Trading Representations (Disabled Persons) Act (Northern Ireland) 1958 | c.24 (N.I.) | The whole Act. | ||
Mock Auctions Act 1961 | c.47 | The whole Act. | ||
Trade Descriptions Act 1968 | c.29 | Section 1(1). Sections 5 to 10. Sections 13 to 15. Section 19(4)(b) and (c). Section 21(1) and (2). Section 22. Section 24(3). Section 32. Section 37. Section 39(2). | ||
Trading Representations (Disabled Persons) Amendment Act 1972 | c.45 | The whole Act. | ||
Local Government Act 1972 | c.70 | In Schedule 29, paragraph 44(2). | ||
Greater London Council (General Powers) Act 1972 | c.xl | In section 17(5), the word “or” at the end of paragraph (b). | ||
Fair Trading Act 1973 | c.41 | Sections 23 to 33. In section 132(1), the words “section 23,”. | ||
Hallmarking Act 1973 | c.43 | Section 1(4). | ||
Consumer Credit Act 1974 | c.39 | Section 46. In section 47, the words “or 46”. Section 77(4)(b) and the word “and” preceding it. Section 78(6)(b) and the word “and” preceding it. Section 79(3)(b) and the word “and” preceding it. Section 85(2)(b) and the word “and” preceding it. Section 97(3)(b) and the word “and” preceding it. Section 103(5). Section 107(4)(b) and the word “and” preceding it. Section 108(4)(b) and the word “and” preceding it. Section 109(3)(b) and the word “and” preceding it. Section 110(3)(b) and the word “and” preceding it. In section 151, the words “, 46”. In Schedule 1, the entries for sections 46(1), 77(4), 78(6), 79(3), 85(2), 97(3), 103(5), 107(4), 108(4), 109(3) and 110(3). | ||
Customs and Excise Management Act 1979 | c.2 | In Schedule 4, in paragraph 12, the entry relating to the Trade Descriptions Act 1968. | ||
Telecommunications Act 1984 | c.12 | In section 101(3), the paragraph (i) relating to the Control of Misleading Advertisements Regulations 1988. | ||
Companies Act 1985 | c.6 | In Schedule 15D, paragraph 17(h). | ||
Weights and Measures Act 1985 | c.72 | Section 29. In Schedule 12, paragraphs 3 and 4. | ||
Airports Act 1986 | c.31 | Section 74(3)(j). | ||
Consumer Protection Act 1987 | c.43 | Sections 20 to 26. In section 27(1)(a), the words “and the provisions made by or under Part III of this Act”. In section 28— | ||
(a) in subsection (1), the words “or any provision made by or under Part III of this Act” , and (b) in subsection(2)(b)(i), the words “or of any provision made by or under Part III of this Act”. | ||||
In section 29, in each of subsections (2), (5) (6)(a) and (7), the words “or of any provision made by or under Part III of this Act”. In section 30, in each of subsections (2)(a)(i) and (6)(a), the words “or of any provision made by or under Part III of this Act”. In section 33, in each of subsections (2)(a)(i) and (3)(a)(i), the words “or of any provision made by or under Part III of this Act”. In section 34(1)(a), the words “or of any provision made by or under Part III of this Act”. In section 35(1)(a), the words “or of any provision made by or under Part III of this Act”. In section 41, in each of subsections (2) and (3), the words “or of a provision made by or under Part III of this Act”. In section 46(4), the words “or any provision made by or under Part III of this Act”. | ||||
County of Cleveland Act 1987 | c.ix | Section 23(6) and (7). | ||
Road Traffic Act 1988 | c.52 | In section 80(1)— | ||
(a) the words from “, and any markings” to the end, and (b) in subsection (2), the words from “, whether or not” to the end. | ||||
Courts and Legal Services Act 1990 | c.41 | In section 50(2)(m)— | ||
(a) in sub-paragraph (ii), the words “(other than Part II)”, and (b) sub-paragraph (viii). | ||||
Broadcasting Act 1990 | c.42 | In Schedule 20, paragraphs 48 and 49. | ||
Water Industry Act 1991 | c.56 | In Schedule 15, in Part 2, the words from “Any subordinate legislation” to the end. | ||
Water Resources Act 1991 | c.57 | In Schedule 24, in Part 2, the words from “Any subordinate legislation” to the end. | ||
North Yorkshire County Council Act 1991 | c.xiv | Section 6(6) and (7). | ||
Local Government (Wales) Act 1994 | c.19 | In Schedule 16, paragraph 13. | ||
Coal Industry Act 1994 | c.21 | Section 59(4)(m). | ||
Local Government (Scotland) Act 1994 | c.39 | In Schedule 13, paragraph 51. | ||
Employment Rights Act 1996 | c.18 | In Schedule 1, paragraph 34. | ||
London Local Authorities Act 1996 | c.ix | Section 16. Section 18(3). | ||
Utilities Act 2000 | c.27 | Section 105(6)(k). | ||
Abolition of Feudal Tenure etc (Scotland) Act 2000 | asp 5 | In Schedule 12, paragraph 49. | ||
Criminal Justice and Police Act 2001 | c.16 | Section 66(4)(i). In Schedule 1, paragraph 46. In Schedule 2, paragraphs 4 and 9. | ||
Kent County Council Act 2001 | c.iii | Section 13. | ||
Medway Council Act 2001 | c.iv | Section 13. | ||
Enterprise Act 2002 | c.40 | Section 10(2) to (4). In Schedule 13, paragraphs 1 and 7A. In Schedule 14, in the entry in respect of the Fair Trading Act 1973, the word “2”. In Schedule 25, paragraphs 16 and 17. | ||
Nottingham City Council Act 2003 | c.ii | Section 12. | ||
Companies Act 2006 | c.46 | In Schedule 2, paragraph 34(h). | ||
The repeal of sections 29 to 33 of the Fair Trading Act 1973 has effect in accordance with paragraph 15 of Schedule 2.
PART 2Revocations
Title | Reference | Extent of revocation | ||
|---|---|---|---|---|
Tourism (Sleeping Accommodation Price Display) Order 1977 | S.I. 1977/1877 | The whole Order. | ||
Weights and Measures (Northern Ireland) Order 1981 | S.I. 1981/231 (N.I. 10) | Article 22(2). In Schedule 10, paragraph 2. | ||
Road Vehicles (Construction and Use) Regulations 1986 | S.I. 1986/1078 | Regulation 5 | ||
The Companies (Northern Ireland) Order 1986 | S.I. 1986/1032 (N.I. 6) | In Schedule 15D, paragraph 16(h). | ||
Consumer Protection (Northern Ireland) Order 1987 | S.I. 1987/2049 (N.I. 20) | Articles 13 to 27, 30 and 33. | ||
Control of Misleading Advertising Regulations 1988 | S.I. 1988/915 | The whole Regulations. | ||
Road Vehicles Lighting Regulations 1989 | S.I. 1989/1796 | Regulation 10. | ||
Estate Agents (Specified Offences) (No.2) Order 1991 | S.I. 1991/1091 | In the Schedule, the entries for the Consumer Protection Act 1987 and the Consumer Protection (Northern Ireland) Order 1987; and in the entry for the Trade Descriptions Act 1968– | ||
in the column headed “Provision”, the words “Section 1(1)”, “Section 13” and “Section 14(1)(b)”, and in the column headed “Description of Offence”, the words “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”. | ||||
Airports (Northern Ireland) Order 1994 | S.I, 1994/426 (N.I.1) | Article 49(3)(l). | ||
Motor Cycle Silencer and Exhaust Systems Regulations 1995 | S.I. 1995/2370 | Regulation 7. | ||
Energy Information (Washing Machines) Regulations 1996 | S.I. 1996/600 | In Schedule 5, paragraph 15(3)(i). | ||
Energy Information (Tumble Driers) Regulations 1996 | S.I. 1996/601 | In Schedule 5, paragraph 15(3)(i). | ||
Energy Information (Combined Washer-Driers) Regulations 1997 | S.I. 1997/1624 | In Schedule 5, paragraph 15(3)(i). | ||
Motor Cycles (Protective Helmets) Regulations 1998 | S.I. 1998/1807 | In regulation 6, the words “the Trade Descriptions Act 1968 or”. | ||
Motor Cycles (Protective Headgear) Regulations (Northern Ireland) 1999 | S.R. (NI) 1999 No 170 | In regulation 4, the words “the Trade Descriptions Act 1968 ”. | ||
Motor Vehicles (Construction and Use) Regulations (Northern Ireland) 1999 | S.R. (NI) 1999 No 454 | Regulation 4. | ||
Energy Information (Lamps) Regulations 1999 | S.I. 1999/1517 | In Schedule 4, paragraph 12(3)(i). | ||
Energy Information (Dishwashers) Regulations 1999 | S.I. 1999/1676 | In Schedule 5, paragraph 12(3)(i). | ||
The Road Vehicles Lighting Regulations (Northern Ireland) 2000 | S.R. (NI) 2000 No 169 | Regulation 12. | ||
Control of Misleading Advertisements (Amendment) Regulations 2000 | S.I. 2000/914 | The whole Regulations. | ||
Consumer Protection (Distance Selling) Regulations 2000 | S.I. 2000/2334 | Regulation 24(4), (5), (7), (8) and (9). | ||
Energy (Northern Ireland) Order 2003 | S.I. 2003/419 (N.I.6) | Article 63(6)(m). | ||
Energy Information (Household Electric Ovens) Regulations 2003 | S.I. 2003/752 | In Schedule 6, paragraph 12(3)(i). | ||
Enterprise Act 2002 (Part 8 Community Infringements Specified UK Laws) Order 2003 | S.I. 2003/1374 | In the Schedule, the entry for Council Directive 84/450/EEC, and in the entry for Directive 1999/44/EC, in the column headed “Specified UK laws”, in sub-paragraph (iv), the words “and articles 4 and 5 of the Consumer Transactions (Restrictions on Statements) Order 1976 (consumer guarantees)”. | ||
Enterprise Act 2002 (Part 8 Notice to OFT of Intended Prosecution, Specified Enactments, Revocation and Transitional Provision) Order 2003 | S.I. 2003/1376 | In the Schedule, the entries for— the Fair Trading Act 1973; and the Mock Auctions Act 1961; and in the entry for the Consumer Protection Act 1987, in the column headed “Extent of Specification”, the words “and all offences under Part III (misleading price indications)”; and in the entry for the Weights and Measures Act 1985, in the column headed “Extent of Specification”, the words “29 misrepresentation”. | ||
Enterprise Act 2002 (Part 9 Restrictions on Disclosure of Information (Amendment and Specification) Order 2003 | S.I. 2003/1400 | In Schedule 3, the words “Control of Misleading Advertisements Regulations 1988”. In Schedule 4 the words “Control of Misleading Advertisements Regulations 1988”. | ||
Enterprise Act 2002 (Part 8 Domestic Infringements) Order 2003 | S.I. 2003/1593 | In the Schedule the entries for— the Business Advertisements (Disclosure) Order 1977; the Consumer Protection Act 1987; the Consumer Transactions (Restriction on Statements) Order 1976; the Control of Misleading Advertisements Regulations 1988; the Mock Auctions Act 1961; the Consumer Protection (Northern Ireland) Order 1987, and in the entry for the Weights and Measures Act 1985, the words “29 (misrepresentation)”. | ||
Price Marking (Food and Drink) Services Order 2003 | S.I. 2003/2253 | The whole Order. | ||
Control of Misleading Advertisements (Amendment) Regulations 2003 | S.I. 2003/3183 | The whole Regulations. | ||
Price Marking (Food and Drink) Services Order (Northern Ireland) 2004 | S.R.(NI) 2004 No 369 | The whole Order. | ||
Energy Information (Household Refrigerators and Freezers) Regulations 2004 | S.I. 2004/1468 | In Schedule 6, paragraph 12(3)(h). | ||
Consumer Credit (Advertisements) Regulations 2004 | S.I. 2004/1484 | In regulation 1(2) the definitions of “hire advertisement” and of “hire payment”. In regulation 2, the words “or a hire advertisement”. In regulation 3, the words “or hire advertisement”. In regulation 4— (a) in paragraph (1), the words from “, and where a hire advertisement” to “Schedule 3 to these Regulations,”. (b) in paragraph (2), the words from “in the case of credit advertisement” to “in the case of a hire advertisement,” (c) in paragraph (3)(b), the words “or hire advertisement, as the case may be,”. In regulation 7— (a) in paragraph (1), the words “or hire advertisement”. (b) paragraphs (5) and (7). In regulation 9(2), the words “, and a hire advertisement shall not include in relation to any hire payment,”. Schedule 3. | ||
Contracting Out (Functions relating to Broadcast Advertising) and Specification of Relevant Functions Order 2004 | S.I. 2004/1975 | In article 2(1), the definition of “the 1988 Regulations”. Article 6. Article 8(3)(e) and the word “and” preceding it. In article 12, in each of paragraphs (1)(a) and (2), the word “,6”. | ||
Financial Services (Distance Marketing) Regulations 2004 | S.I. 2004/2095 | Regulation 15(2), (3), (5), (6) and (7). In regulation 22, in each of paragraphs (2), (4) and (5), the words “, or under regulation 15(2) or (3),”. | ||
Water and Sewerage Services (Northern Ireland) Order 2006 | S.I. 2006/3336 (N.I.21) | Article 265(5)(h). | ||
Legislative and Regulatory Reform (Regulatory Functions) Order 2007 | S.I. 2007/3544 | In the Schedule, in Part 3, the words “Textile Products (Determination of Composition) Regulations 2006”. | ||