Regulation 47
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.”
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”.”
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 ”.
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 [F138(1)] of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (automatic termination of related agreements)”.”
Textual Amendments
F1Word 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
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
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.
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
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
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
F2Words 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
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—
falls to any extent within regulation 6(1) of those Regulations, or
falls within regulation 6(2) of those Regulations.”
Marginal Citations
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
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
M122009/890.
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
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
M142012/1128.
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
16. The Enterprise Act (Part 8 Domestic Infringements) Order 2013 M16 is revoked.
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