The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013

Regulation 47

SCHEDULE 4 U.K. Consequential amendments

Unsolicited Goods and Services Act 1971 U.K.

1.  In section 6 of the Unsolicited Goods and Services Act 1971 (interpretation) M1 , for subsection (3) substitute—

“(3) Nothing in section 3 or 3B affects the rights of any consumer under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.”

Marginal Citations

M1 1971 c.30.

Consumer Credit Act 1974 U.K.

2.  In section 74 of the Consumer Credit Act 1974 (entry into credit or hire agreements: exclusion of certain agreements) M2 , for subsection (2A) substitute—

“(2A) In the case of an agreement to which Part 2 or 3 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 applies, the reference in subsection (2) to a small agreement is to be read as if in section 17(1)(a) and (b) “£42” were substituted for “£50”.”

Marginal Citations

M2 1974 c.39.

Companies Act 1985 U.K.

3.  In paragraph 26 of Schedule 15D to the Companies Act 1985 (company investigations: disclosure for purposes of enforcement authority under Regulations) M3 , for “the Consumer Protection (Distance Selling) Regulations 2000 (SI 2000/2334)” substitute “ the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 ”.

Marginal Citations

M3 1985 c.6.

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

4.  In regulation 11(1) of the Financial Services (Distance Marketing) Regulations 2004 (exceptions to right to cancel under those regulations) M4 , for paragraph (e) substitute—

“(e) a credit agreement terminated under regulation [F1 38(1)] of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (automatic termination of related agreements)”.”

Textual Amendments

F1 Word in Sch. 4 para. 4 substituted (with application in accordance with reg. 1(2) of the amending S.I.) by The Consumer Protection (Amendment) Regulations 2014 (S.I. 2014/870), regs. 1(2), 9(5)(a)

Marginal Citations

M4 S.I. 2004/2095.

Supply of Extended Warranties on Domestic Electrical Goods Order 2005 U.K.

5.  In article 2 of the Supply of Extended Warranties on Domestic Electrical Goods Order 2005 M5 , for the words from “distance contracts” to the end substitute “ distance or off-premises contracts to which Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EC and Directive 97/7/EC of the European Parliament and of the Council applies. ”

Marginal Citations

M5 S.I. 2005/37.

Companies Act 2006 U.K.

6.  In the following provisions of the Companies Act 2006 (provisions permitting disclosure of information for purposes of enforcement authority under Regulations) M6 , for “the Consumer Protection (Distance Selling) Regulations 2000 (SI 2000/2334)” substitute “ the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 ”

(a) Schedule 2, Part 2, paragraph 34;

(b) in Schedule 11A, paragraph 49.

Marginal Citations

M6 2006 c.46.

Waste Electrical & Electrical Equipment Regulations 2006 U.K.

7.  In regulation 2 of the Waste Electrical & Electrical Equipment Regulations 2006 M7 , in the definition of “producer”—

(a) omit the words from “in accordance with” to “distance contacts”;

(b) at the end insert—

“(and distance communication here has the same meaning as in Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EC and Directive 97/7/EC of the European Parliament and of the Council;)”.

Marginal Citations

M7 S.I. 2006/3289.

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

8.—(1) In the Schedule to the Legislative and Regulatory Reform (Regulatory Functions) Order 2007 (functions to which sections 21 and 22 of the Legislative and Regulatory Reform Act 2006 apply) M8 —

(a) in Part 3, omit “Consumer Protection (Distance Selling) Regulations 2000” and “Cancellation of Contracts made in a Consumer's Home or Place of Work etc Regulations 2008”;

(b) in Part 6, omit “Consumer Protection (Distance Selling) Regulations 2000”;

(c) in Parts 3 and 6, insert in the appropriate place “ Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 ”.

Marginal Citations

M8 S.I. 2007/3544.

Consumer Protection from Unfair Trading Regulations 2008 U.K.

9.  In Schedule 1 to the Consumer Protection from Unfair Trading Regulations 2008 M9 [F2 (commercial practices which are in all circumstances considered unfair), in paragraph 29 omit the words from “, except where” to the end of the paragraph.]

Textual Amendments

F2 Words in Sch. 4 para. 9 substituted (with application in accordance with reg. 1(2) of the amending S.I.) by The Consumer Protection (Amendment) Regulations 2014 (S.I. 2014/870), regs. 1(2), 9(5)(b)

Marginal Citations

M9 S.I. 2008/1277.

Payment Services Regulations 2009 U.K.

10.—(1) In regulation 62 of the Payment Services Regulations 2009 (payer's liability for unauthorised payment transaction) M10 , for paragraph (4) substitute—

“(4) In paragraph (3)(c)—

“distance contract” means a distance contract as defined by regulation 5 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013;

“excepted contract” means a contract that—

(a)

falls to any extent within regulation 6(1) of those Regulations, or

(b)

falls within regulation 6(2) of those Regulations.”

Marginal Citations

M10 S.I. 2009/209.

Co-ordination of Regulatory Enforcement (Regulatory Functions in Scotland and Northern Ireland) Order 2009 U.K.

11.  In Part 2 of Schedule 1 to the Co-ordination of Regulatory Enforcement (Regulatory Functions in Scotland and Northern Ireland) Order 2009 (functions specified for the purposes of Part 2 of the Regulatory Enforcement and Sanctions Act 2008) M11 , for “Consumer Protection (Distance Selling) Regulations 2000” substitute “ Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 ”.

Marginal Citations

M11 S.I. 2009/669.

Waste Batteries and Accumulators Regulations 2009 U.K.

12.  In regulation 2 of the Waste Batteries and Accumulators Regulations 2009 M12 , in the definition of “producer”—

(a) omit the words from “as defined in” to “distance contacts”;

(b) at the end insert—

“(and distance communication here has the same meaning as in Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EC and Directive 97/7/EC of the European Parliament and of the Council;)”.

Marginal Citations

M12 2009/890.

Unsolicited Services (Trade and Business Directories) Act (Northern Ireland) 2010 U.K.

13.  In section 1(2) of the Unsolicited Services (Trade and Business Directories) Act (Northern Ireland) 2010 (control of charges for directory entries) M13 , for “the Consumer Protection (Distance Selling) Regulations 2000 (No. 2334)” substitute “ the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 ”.

Marginal Citations

M13 2010 c.15 (N.I.).

Postal Services Act 2011 (Disclosure of Information) Order 2012 U.K.

14.  In regulation 4 of the Postal Services Act 2011 (Disclosure of Information) Order 2012 (prescribed enactments for disclosure of information) M14 —

(a) omit “the Consumer Protection (Distance Selling) Regulations 2000”;

(b) at the appropriate place insert “ the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, so far as they apply to distance contracts; ”.

Marginal Citations

M14 2012/1128.

Consumer Rights (Payment Surcharges) Regulations 2012 U.K.

15.—(1) The Consumer Rights (Payment Surcharges) Regulations 2012 M15 are amended as follows.

(2) In regulation 2, for the definition of “trader” substitute—

““trader” means a person acting for purposes relating to that person's trade, business, craft or profession, whether acting personally or through another person acting in the trader's name or on the trader's behalf.”

(3) In regulation 3

(a) in the appropriate place insert—

““business” includes the activities of any government department or local or public authority;”.

(b) in the definition of “sales contract” for “(whether or not the contract also covers services)” substitute “ , including any contract that has both goods and services as its object ”.

Marginal Citations

M15 S.I. 2012/3110.

Enterprise Act (Part 8 Domestic Infringements) Order 2013 U.K.

16.  The Enterprise Act (Part 8 Domestic Infringements) Order 2013 M16 is revoked.

Marginal Citations

M16 S.I. 2013/761.